Exh 7DAGENDA ITEM #7D
JANUARY 14, 2002
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Ordinance No. 10-02-21
SUBMITTED BY: Maureen King, City Clerk
DATE: January 4, 2002
BACKGROUND: At their meeting on December 14, 2001, the City Commission requested that an
amendment be drafted to bring Atlantic Beach's Alcoholic Beverage ordinance into line with that in Neptune
Beach.
Florida Statutes Sec. 562.14 provides that "except as otherwise provided by county or municipal
ordinance, no alcoholic beverages may be sold..... between the hours of midnight and 7:b0 a.m:' and it
would appear that Neptune Beach has made an exception to the hours of sale on Christmas Day,. New
Year's Day, and the hour at which businesses may begin selling alcoholic beverages.
The following is a comparison of the Neptune Beach and Atlantic Beach ordinances:
Neptune Beach Atlantic Beach
Christmas Day No sales allowed No sales allowed
..New Years Day Closing time 4:00 a.m. Closing time 2:00 a.m.,
Sundays Same as all other days No sales between.2:00 a.m. &
1:00 p.m. except in restaurants
serving Sunday brunch when
sales of beer and wine can begin
at 10:00 a.m.
All other days No sales between 2:00 a.m. No sales between 2:00 a.m. and.
& 6:00 a.m. 7:00 a.m
It was my understanding that the City Commission's intent was to change the hours of sale on Sundays
only, so the section relat(ng to Sunday hours has been deleted. All otherhours of sale remain unchanged.
BUDGET: None
RECOMIvIENDATION:
ATTACfIMENTS:
REVIEWED BY CITY
None
FS Sec. 562.14
Neptune Beach Code Sec. 4-2
Ordinance No. 10-02-21
AGER:
AGENDA ITEM #7D
JANUARY 14, 2002
ORDINANCE NO. 10-02-21
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES CHAPTER 3, ALCOHOLIC BEVERAGES, SEC. 3-2 HOURS.
OF SALE, AND PROVIDING AN EFFECTIVE DATE
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 3, Alcoholic Beverages, Sec. 3-2, Hours of Sale, is hereby amended to
read as follows:
Sea 3-2. Hours of sale.
(a) It shall be unlawful for any person licensed to sell alcoholic beverages in the city to sell, offer for
sale, serve, give away, dispense or dispose of alcoholic beverages or permit the same to be consumed
upon his premises during the days and times listed below:
(1) Between the hours of 2:00 a.m, on Christmas Day and 7:00 a.m. on the day following Christmas
Day.
(-3) ~, Between the hours of 2:00 a.m. and 7:00 a.m. on all other days.
(b) The premises in which any of the alcoholic beverages are kept, e~ept such premises as are
primarily used and conducted as grocery stores, markets or primarily for the sale and serving of prepared
foods for consumption thereon shall be securely closed during such hours, and no person shall be
permitted therein during such hours for any purpose whatsoever, except to clean up the premises, to
perform necessary functions for closing the establishment, or to perform. necessary maintenance.
SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption
PASSED by the City Commission on first reading this day of , 2002.
PASSED by the City Commission on second and final reading, this day of
_ .2002.
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
JOHN S. MESERVE
Mayor .
Attest
MAUREEN KWG
City Clerk