tJOcoee

tondo

AGENDA ITEM COVER SHEET

Meeting Date: October 3, 2017

Item #

Pg._ Reviewed By:Contact Name: Mike Rumer, City Planner Department Director:

Contact Number: 407-905-3157 City Manager:

Subject: Second Reading of an Ordinance Amending the City Code Extending the Hours ofOn Premise Sale and Consumption of Alcoholic Beverages within City Limits

Background Summary:

The City's Code of Ordinances for on premise sale and consumption of alcoholic beverages provides for noalcoholic beverages being sold, consumed, or permitted to be served between the hours of 2: 00 a. m. and11: 00 a. m. every day of the week.

The Cities of Orlando, Winter Garden, and Windermere have amended their respective codes to allow forthe sale and consumption of alcohol on premises to begin at 7: 00 a. m. and to conclude at 2: 00 a. m. everyday in order not to be placed in an economic disadvantage in Orange County. City Staff, with the backing ofthe West Orange Chamber of Commerce is proposing to amend the code to fall in line with these cities tokeep Ocoee on an even playing field with respect to economic development.

The proposed amendment will change the hours of on premise sale and consumption of alcohol from 11: 00a. m. to 7: 00 a. m. every day of the week. The cutoff time of 2: 00 a. m. will remain in effect.

Issue:

Should the Honorable Mayor and City Commission approve an ordinance amending the City of Ocoee Codewhich will revise the hours of on premise sale and consumption of alcoholic beverages?

Recommendation:

Staff recommends the Honorable Mayor and City Commission approve an ordinance amending the City ofOcoee Code which will revise the hours of on premise sale and consumption of alcoholic beverages.

Attachments:

Ordinance

West Orange Chamber of Commerce Letter

Financial Impact:

None

Type of Item:

Z Public Hearing For Clerk's Dept Use:

Ordinance First Reading Consent Agenda

Ordinance Second Reading nPublic HearingResolution 0 Regular Agenda

Z Commission Approval

O Discussion& Direction

Original Document/Contract Attached for Execution by City ClerkOriginal Document/Contract Held by Department for Execution

Reviewed by City Attorney N/ A

Reviewed by Finance Dept. El N/ A

Reviewed by ( N/ A

ORDINANCE NO. 2017-

AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA

RELATING TO HOURS OF ON PREMISE SALE OF

ALCOHOLIC BEVERAGES; AMENDING SECTION 38- 6

OF ARTICLE II OF CHAPTER 38 OF THE CITY OF

OCOEE CODE OF ORDINANCES; PROVIDING FOR

SEVERABILITY; PROVIDING FOR CODIFICATION;

PROVIDING AN EFFECTIVE DATE.

WHEREAS, as provided in Article VIII of the Constitution of the State of

Florida, Chapters 163 and 166, Florida Statutes, and Article II, Section C- 8 of the City of Ocoee

Charter, the City of Ocoee ( the " City") enjoys all home rule authority, police power, and

governmental and proprietary powers necessary to conduct municipal government and perform

municipal functions; and

WHEREAS, the City may exercise any power to regulate possession and sale of

alcoholic beverages, except as expressly prohibited by law;

WHEREAS, the City Commission of the City of Ocoee in good faith has

determined that this Ordinance is in the best interest of the City and its residents and promotes

the health, safety, and welfare of the public.

NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF

THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:

SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this

Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and

166, Florida Statutes, and Article II, Section C- 8 of the City of Ocoee Charter.

SECTION 2. Section 38- 6 of Article II of Chapter 38 of the City of Ocoee Code of

Ordinances is hereby amended with underlines showing additions and strikethroughs showing

deletions, as follows:

38- 6. - Hours.

A. Hours of sale and consumption on premises. No alcoholic beverages shall be sold,

consumed or served or permitted to be served or consumed in any place holding alicense from the Florida Department of Business Regulation, which license

permits the consumption of alcoholic beverages on the premises, between the

hours of 2: 00 a.m. and 7: 00 11: 00 a.m. each and every day of the week.

B. Hours of sale and consumption off premises. No alcoholic beverages shall be sold,

in any place holding a license from the Florida Department of BusinessRegulation, which license permits the package sale of alcoholic beverages for

consumption off the premises, between the hours of 2: 00 a.m. and 8: 00 a.m.

C. Additional requirements.

1) Within the meaning of this section, a sale shall be regarded as being made ifthe alcoholic beverage is delivered to any person during prohibited hoursregardless of whether payment therefor is made at some time. If any such licensedvendor is a corporation, then the officers of such corporation shall be regarded as

the owner thereof for purposes of enforcement of this article.

2) All vendors holding licenses to operate places of business and operatingplaces of business in the City shall not keep such places of business open forbusiness during prohibited hours. If any door of such place of business is openedduring prohibited hours, except to admit the owner or one of his regular

employees, or if any person other than the owner or one of his regular employeesenters into such place of business during prohibited hours, it shall be prima facieevidence that such place of business is open for business; provided, however, that

nothing herein shall be construed to restrict the operation of a business forpurposes other than the sale of alcoholic beverages during the prohibited hours;provided, further, that any place of business holding a license certificate from theCity or state shall, at the hour of 2: 00 a.m., cause all outside lights on the premisesoccupied by it to be extinguished and shall cause all entrances and exits to suchestablishment to be locked, and the entrances and exits shall not be opened duringthe prohibited hours except to admit the proprietor of such place of business and

his employees to enter and to permit the egress of the proprietor, employees and

customers of such place of business from the premises, except that nothing hereinshall prohibit the hotel, motel or restaurant from carrying on its normal businessunrelated to the sale or consumption of alcoholic beverages. Customers within the

place of business at the hour of 2: 00 a.m. who have prior thereto, purchased anysingle drink of an alcoholic beverage and have not completed the consumption

thereof shall be permitted to complete the consumption of such alcoholic beverage

and shall be required by the proprietor or his employees to leave the place ofbusiness as soon as may be reasonably possible. Nothing herein contained shall beconstrued so as to permit any place of business to sell or serve or permit alcoholicbeverages to be sold or served during prohibited hours.

D. The provisions of section 38- 6 do not apply to recreational property owned by theCity when such facilities are being used for a City-sponsored event or by anauthorized person or organization, provided that prior permission, in writing, isobtained from the City Manager or his delegate.

SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or

portion of this Ordinance is for any reason held invalid or unconstitutional by any court of

competent jurisdiction, such portion shall be deemed a separate, distinct and independent

provision and such holding shall not affect the validity of the remaining portion hereto.

SECTION 4. Codification. It is the intention of the City Commission of the City that

the provisions of Section 2 of this Ordinance shall become and be made a part of the Code of

Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and

the word " ordinance" may be changed to " chapter," " section," " article," or such other appropriate

word or phrase in order to accomplish such intentions; and regardless of whether such inclusion

in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the

correction of typographical errors which do not affect the intent may be authorized by the City

Manager, without need of public hearing, by filing a corrected or recodified copy of same with

the City Clerk.

SECTION 5. Effective Date. This Ordinance shall become effective immediately upon

passage and adoption.

PASSED AND ADOPTED this day of 2017.

APPROVED:

ATTEST: CITY OF OCOEE, FLORIDA

Melanie Sibbitt, City Clerk Rusty Johnson, Mayor

SEAL)

FOR USE AND RELIANCE ONLY ADVERTISED 2017

BY THE CITY OF OCOEE, FLORIDA READ FIRST TIME 2017

APPROVED AS TO FORM READ SECOND TIME AND ADOPTED

AND LEGALITY 2017

this day of 2017. UNDER AGENDA ITEM NO.

Shuffield, Lowman & Wilson, P. A.

By:Scott Cookson, City Attorney

c1

Driven to advocate and

facilitate opportunity since 1972.idio

12184 W Colonial Drive

Winter Garden, FL 34787

407) 656-1304

ochambeecom

June 30, 2017

Mr. Rob Frank

City Manager, Ocoee150 N. Lakeshore Drive

Ocoee, FL 34761

RE: City of Ocoee Ordinance: Chapter 38 Alcoholic Beverages: § 38- 6. - Hours. [ Amended 12- 20- 1988 by Ord. No.88- 69; 7- 5- 1989 by Ord. No. 89- 15]

Dear Mr. Frank,

Back in May, we discussed the change to the Orange County Alcohol Ordinance for Sunday sales which went intoeffect on May 15, 2017. That ordinance now allows for the sale and service of alcohol on Sunday in OrangeCounty lodging properties and restaurants to begin at 7: 00 am and to conclude at 2: 00 am.

Upon my review of the communities within the West Orange County service area of our Chamber of Commerce,the city of Ocoee' s time of service on Sunday does not mirror those communities. Service in Ocoee begins at11: 00 am on Sunday and concludes at 2: 00 am on Monday. In addition to the county, the cities of Orlando and

Winter Garden and the Town of Windermere begin service at 7: 00 am on Sunday and conclude at 2: 00 am.

In order for the existing businesses and future businesses within these industry sectors identified above to not be

placed in an economic disadvantaged position, the West Orange Chamber of Commerce ( WOCC) urges the city toamend its ordinance to mirror the change made by the county and other municipalities. With all the planneddevelopment for the downtown area at Highway 50 and Bluford, and Maguire and Highway 50, this ordinancemay discourage businesses of this type from locating in Ocoee.

The WOCC will be happy to support this ordinance change and is prepared to facilitate informational sessions and

appear before the city commission. Please let us know what else we may do to move this matter forward.

Yours truly,

jitt.....v\....tLi6._,,,,,.._

Stina D' Uva

President/ CEO it1

ACE Hardware Apple Air Conditioning& Heating, Inc, Best Cleaners Boyd Development Corporation Bright Future Electric, ftCCommunity Cemex CenturyLink Computer Business Consultants, Inc. DRB Benefits Group Duke Energy First Class Cleaners Fishback Dominick

Trustees Florida Blue Florida Hospital- Winter Garden June Engineering Consultants, Inc. Observer Media Group Orlando HealthR. C. Stevens Construction Company Seacoast Bank University of Central Florida Walt Disney World Company

CITY OF OCOEE

COPY OF ADVERNOTICE OF PUBLIC HEARING

FOR AN AMENDMENT TOTHE CITY CODE OF

Date Published and 11ORDINANCES

HOURS OF ON- PREMISE SALEFriday, September 8, 2017 Orlando Sentinel I A9

OF ALCOHOLIC BEVERAGESNOTICE IS HEREBY given that the City of Ocoee CityCommission will consider a proposed Amendment to

Advertisement (A the City Code of Ordinances pertaining to the Hours ofSale of On- Premise Sale of Alcoholic Beverages.

The OCOEE CITY COMMISSION will hold a publichearing on the proposed amendment on TUESDAY,SEPTEMBER 19, 2017, AT 6:15 PM or as soonthereafter as practical. The public hearing will be heldin the City Hall Commission Chambers located at 150North Lakeshore Drive, Ocoee.

AN ORDINANCE OF THE CITY OF OCOEE, FLORIDARELATING TO HOURS OF ON- PREMISE SALE OFALCOHOLIC BEVERAGES; AMENDING SECTION

38- 6 OF ARTICLE II OF CHAPTER 38 OF THE CITYOF OCOEE CODE OF ORDINANCES; PROVIDING FORSEVERABILITY; PROVIDING FOR CODIFICATION;

PROVIDING AN EFFECTIVE DATE.

Interested parties may appear at the public hearingand be heard with respect to the proposed actionsabove. The complete case file may be inspected at theOcoee Development Services Department/ PlanningDivision located at 150 North Lakeshore Drive, Ocoee,Florida between the hours of 8: 00 a.m. and 5:00 p. m.,Monday through Friday, except legal holidays. The CityCommission may continue these public hearings toother dates and times, as it deems necessary. Anyinterested party shall be advised of the dates, times,and places of any continuation of these or continuedpublic hearings shall be announced during the hearingand no further notices regarding these matters willbe published. You are advised that any person whodesires to appeal any decision made at the publichearings will need a record of the proceedings andfor this purpose may need to ensure that a verbatimrecord of the proceedings is made which includesthe testimony and evidence upon which the appealis based. Persons with disabilities needing assistanceto participate in any of these proceedings shouldcontact the City Clerk's Office 48 hours in advance ofthe meeting at 407- 905- 3105.

Melanie Sibbitt, City Clerk Publish Date: September 8, 2017

COPY OF ADVERTISEMENT

Date Published and Media Name

Orlando Sentinel Friday, September 22, 2017

Advertisement or Article

CITY OF OCOEENOTICE OF PUBLIC HEARING

FOR AN AMENDMENT TOTHE CITY CODE OF ORDINANCES

HOURS OF ON. PREMISE SALE OF ALCOHOUCBEVERAGES

NOTICE IS HEREBY given that the

City of Ocoee City Commission willconsider a proposed Amendment to theCity Code of Ordinances pertaining tothe Hours of Sale of On- Premise Sale ofAlcoholic Beverages.

The OCOEE CITY COMMISSION willhold a public hearing on the proposedamendment on TUESDAY, OCTOBER3, 2017, AT 6: 15 PM or as soonthereafter as practical. The publichearing will be held in the City HallCommission Chambers located at 150North Lakeshore Drive, Ocoee.

AN ORDINANCE OF THE CITY OFOCOEE, FLORIDA RELATING TOHOURS OF ON- PREMISE SALEOF ALCOHOLIC BEVERAGES;AMENDING SECTION 38- 6 OFARTICLE II OF CHAPTER 38 OFTHE CITY OF OCOEE CODE OFORDINANCES; PROVIDING FORSEVERABILITY; PROVIDING FORCODIFICATION; PROVIDING AN

EFFECTIVE DATE.

Interested parties may appear ofthe public hearing and be heard withrespect to the proposed actions above.The complete case file may be inspectedat the Ocoee Development ServicesDepartment/ Planning Division locatedat 150 North Lakeshore Drive, Ocoee,Florida between the hours of 8: 00a. m. and 5: 00 p. m., Monday throughFriday, except legal holidays. The CityCommission may continue these publichearings to other dates and times, as itdeems necessary. Any interested partyshall be advised of the dotes, times,

and places of any continuation of theseor continued public hearings shall beannounced during the hearing and nofurther notices regarding these matterswill be published. You are advised thatany person who desires to appeal anydecision made at the public hearingswill need a record of the proceedingsand for this purpose may need toensure that a verbatim record of theproceedings is made which includesthe testimony and evidence uponwhich the appeal is based. Personswith disabilities needing assistance toParticipate in any of these proceedingsshould contact the City Clerk' s Office48 hours in advance of the meeting at407- 905- 3105.

Melanie Sibbitt, City Clerk

055190230 9/222017