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Exh 7BAGENDA ITEM #7B JANUARY 28, 2002 .CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance Nd: 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 7:00 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 Christmas Day No sales allowed New Year's Day Closing time 4:00 a.m. Sundays Same as all other days All other days No sales between 2:00 a.m. & 6:00 a.m. Atlantic Beach No sales allowed Closing time 2:00 a.m. 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. No sales between 2:00 a.m. and. 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 secfron relating to Sunday hours has been deleted. All other hours of sale remain unchanged. BUDGET: None RECOMIv1ENDATION: None ATTACHMENTS: FS Sec. 562.14 Neptune Beach Code Sec. 4-2 Ordinance No. 10-02-21 REVIEWED BY CITY MANAGER: ~ __ AGENDA ITEM #7B JANUARY 28, 2a~2 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: Sec. 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. (~} ~ 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 t0 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. JOHN S. MESERVE Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Attest: MAUREEN KING City Clerk