Mark Scruby Memo on Sunday Alcohol Sales 5-1-12

8/2/2019 Mark Scruby Memo on Sunday Alcohol Sales 5-1-12

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May 1, 2012

MEMORANDUM

To: Board of County Commissioners

From: Mark H. Scruby, County Attorney

CLAY!COUNTY! Re: Public hearing on proposed ordinance submitted byinitiative petition under Charter Section 2.2.I amending

Clay County Code Sec. 3-2 to make Sunday alcoholic

beverages sales and consumption hours the same as allother days; and presentation of proposed resolution placing

a referendum on the ballot whether to approve such

ordinance should the Board fail to adopt the same

FLORIDA!

County Attorneys OfficePost Office Box 1366Green Cove Springs, FL32043-1366

The Supervisor of Elections having certified the collection of sufficientsignatures for the submission of the above-referenced ordinance to theBoard under Charter Section 2.2.I, the ordinance has been scheduled and

noticed for a public hearing during the Boards meeting of May 8 at 2:00

p.m. or as soon thereafter as can be heard. A copy of the ordinance is

attached.

Phone (904) 269-6377

(904) 284-6377

Fax (904) 269-6346

(904) 284-6346

County AttorneyMark H. [email protected] Assistant CountyAttorneyFrances J. [email protected]

Charter Section 2.2.I(3) provides in part as follows:

If the Board of County Commissioners fails to enact the

proposed ordinance at the public hearing, it shall at thepublic hearing, by resolution, call a referendum on the

question of the adoption of the proposed ordinance to be

held at the next general election occurring at least ninety(90) days after the adoption of such resolution.

Commissioners

Wendell D. DavisDistrict 1

Douglas P. ConkeyChairman, District 2

W. Travis CummingsI have drafted a resolution for the Boards consideration that, if adopted,would satisfy the foregoing requirements of the Charter, should the Board

fail to adopt the proposed ordinance. The resolution would place the

required referendum on the ballot of the general election currently

scheduled for November 6, 2012, and would provide for and direct thepublication of the special election notice required under Section 100.342,

Florida Statutes, in the Clay Today. A copy of the resolution is attached.

This matter is submitted for the Boards consideration.

District 3

T. Chereese StewartDistrict 4

Ronnie E. RobinsonDistrict 5

SwitchboardGCS (904) 284-6300

KH (352) 473-3711

KL (904) 533-2111

OP/MBG (904) 269-6300

www.claycountygov.com

MHS/

attachments

cc: Honorable Chris H. Chambless, Supervisor of Elections (w/attach.)

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mailto:[email protected]:[email protected]


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ORDINANCE NO. 2012-

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF CLAYCOUNTY, FLORIDA, AMENDING SUBSECTION (b) OF CLAY COUNTY CODE SEC.3-2, WHICH PERTAINS TO THE HOURS DURING WHICH ALCOHOLIC BEVERAGESMAY BE SOLD AND CONSUMED WITHIN THE COUNTY, BY ALLOWING SALE ANDCONSUMPTION HOURS ON SUNDAY TO BE CONSISTENT WITH THE OTHER SIXDAYS OF THE WEEK, FROM 7:00 A.M. TO 2:00 A.M. THE FOLLOWING DAY,SUBJECT TO FURTHER SPECIFIED LIMITATIONS PERTAINING TO CHRISTMASDAY AND LIMITED HOURS ESTABLISHMENTS; BY DELETING SUBSECTION (d) OFCLAY COUNTY CODE SEC. 3-2, PERTAINING TO THE SALE OF ALCOHOLICBEVERAGES ON THE THIRTY-FIRST DAY OF DECEMBER; BY REDESIGNATING(e), (f) AND (g) ACCORDINGLY; AND BY PROVIDING AN EFFECTIVE DATE.

Be It Ordained by the Board of County Commissioners of Clay County:

Section 1. Amendment to Sec.3-2. Clay County Code Sec. 3-2 is hereby amended to read in itsentirety as follows:

Sec. 3-2. Hours of sale and consumption.

(a) The sale of alcoholic beverages at any time by any person other than asauthorized by this section is prohibited.

(b) Except as provided in subsections (c), (d) and (g) (f), the sale of alcoholicbeverages within the unincorporated areas of the county is authorized tocommence on every day except Sunday at 7:00 a.m. and continue until 2:00 a.m.of the following day, and to commence on Sunday at 2:00 p.m. and continue until12:00 a.m.

(c) An exception to the authorized hours of sale of alcoholic beverages as set out insubsections (b) and (g) (f) shall be that no alcoholic beverages shall be sold onChristmas Day until the regular authorized opening sale time on December 26.

The intention of this subsection is that no alcoholic beverages be sold duringChristmas Day and Christmas night of each year.

(d) A further exception to the authorized hours of sale of alcoholic beverages as setout in subsection (b) is that on the thirty-first day of December, or the daycommonly known as "New Year's Eve" the sale of alcoholic beverages isauthorized to continue until 2:00 a.m. of the following day.

(e) (d) With respect to places wherein the sale of alcoholic beverages is permitted foron-premises consumption, such consumption shall be prohibited during the sametimes that sales are prohibited, except for the thirty-minute period immediatelyfollowing the designated time that sales must cease.

(f) (e) As used in this section, the following terms and phrases shall have the meaningsherein ascribed:

(1) Alcoholic beverage establishment means a place, business or otherestablishment selling and serving alcoholic beverages for consumptionon premises.

(2) Alcoholic beverages means distilled spirits and all beverages containingone-half (1/2) of one (1) per cent or more alcohol by volume.

[Additions are underlined; deletions are stricken.]

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(3) Licensed premises means the licensed premises of an alcoholicbeverage establishment within the meaning of Section 561.01(11),Florida Statutes, or its successor in function.

(4) Limited hours establishment means any alcoholic beverageestablishment to which all three (3) of the following criteria apply:

a. It is situated in whole or in part within the Wells Road Corridor;

b. It is operating under a 4COP quota license issued by the FloridaDivision of Alcoholic Beverages and Tobacco or its successor infunction; and

c. The area of its licensed premises is greater than four thousandseven hundred fifty (4,750) square feet.

(5) Wells Road Corridor means that portion of the unincorporated area ofClay County that lies within five hundred (500) feet of any portion of theright-of-way of the section of Wells Road extending from the municipallimits of the Town of Orange Park west to a line across the width of said

right-of-way that is perpendicular to the centerline thereof and passesthrough the point on said centerline that lies seven hundred fifty (750)feet west of the intersection of the centerlines of Wells Road and StateRoad 21, all as now established.

(g) (f) The provisions of subsection (b) to the contrary notwithstanding, and except asprovided in subsection (c), the sale of alcoholic beverages at any limited hoursestablishment is authorized to commence on every day except Sunday at 7:00a.m. and continue until 11:00 p.m., and to commence on Sunday at 2:00 p.m.and continue until 11:00 p.m.

Section 2. Effective date. The amendment to Sec. 3-2, Clay County Code provided in Section 1shall become effective on the first day of the first full calendar month occurring immediately following the

filing hereof with the Department of State of the State of Florida.

DULY ADOPTED by the Board of County Commissioners of Clay County, Florida, this 8th day ofMay, 2012, by a majority vote of its five members.

BOARD OF COUNTY COMMISSIONERSCLAY COUNTY, FLORIDA

By:Douglas P. ConkeyIts Chairman

ATTEST:

S. C. KopelousosCounty Manager and Clerk of theBoard of County Commissioners

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[Additions are underlined; deletions are stricken.]

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RESOLUTION NO. 2012-___

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

CLAY COUNTY, FLORIDA, MAKING FINDINGS PERTAINING TO ITS

RECEIPT OF CERTIFICATION BY THE SUPERVISOR OF ELECTIONS

OF AN INITIATIVE PETITION UNDER SECTION 2.2.I OF THE CLAYCOUNTY HOME RULE CHARTER FOR THE ADOPTION OF AN

ORDINANCE REVISING THE HOURS DURING WHICH ALCOHOLIC

BEVERAGES MAY BE SOLD ON SUNDAY, AND TO THE ACTION OF

THE BOARD DECLINING TO ADOPT SAID ORDINANCE; DIRECTING

THE PLACEMENT OF A REFERENDUM ON THE BALLOT OF THE

2012 GENERAL ELECTION CURRENTLY SCHEDULED FOR

NOVEMBER 6, 2012, WHETHER THE PROPOSED ORDINANCE

REVISING THE HOURS DURING WHICH ALCOHOLIC BEVERAGES

MAY BE SOLD ON SUNDAY SHOULD BE ADOPTED; ESTABLISHING

THE BALLOT TITLE AND QUESTION; APPROVING THE FORM OF

THE NOTICE REQUIRED UNDER SECTION 100.342, FLORIDASTATUTES, FOR THE REFERENDUM; DIRECTING THE

PUBLICATION THEREOF; AND PROVIDING AN EFFECTIVE DATE.

Recitals

WHEREAS, by certificate dated April 5, 2012 (the Certificate), the Supervisor of

Elections of Clay County, Florida (the County), notified the Countys Board of County

Commissioners (the Board) that sufficient signatures had been collected on an initiative petitionbrought under Section 2.2.I of the Clay County Home Rule Charter (the Charter) for the adoption

of an ordinance amending Clay County Code Section 3-2 by changing the hours during whichalcoholic beverages may be sold on Sunday (the Proposed Ordinance); and,

WHEREAS, a copy of the Certificate is attached hereto as Exhibit A; and,

WHEREAS, a copy of the Proposed Ordinance is attached to the Certificate; and,

WHEREAS, in accordance with the requirements of Charter Section 2.2.I(3), the Board

held a public hearing on May 8, 2012, to consider the adoption by the Board of the Proposed

Ordinance (the Public Hearing); and,

WHEREAS, immediately following the Public Hearing, the Board considered but failed

to adopt the Proposed Ordinance; and,

WHEREAS, regarding such a failure to adopt, Charter Section 2.2.I(3) provides in part,

If the Board of County Commissioners fails to enact the proposed ordinance at the public

hearing, it shall at the public hearing, by resolution, call a referendum on the question of theadoption of the proposed ordinance to be held at the next general election occurring at least

ninety (90) days after the adoption of such resolution; and,

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WHEREAS, by the adoption of this resolution, the Board intends to provide for the

authorization and direction to cause a referendum (the Ordinance Referendum) to be placed onthe ballot of the 2012 general election currently scheduled for November 6, 2012, whether the

Proposed Ordinance shall be approved by the electors of the County; and,

WHEREAS, the Board desires to provide for the establishment of the ballot title andsummary for the Ordinance Referendum; and,

WHEREAS, the Board desires to direct the publication of the notice of the Ordinance

Referendum as required under Section 100.342, Florida Statutes, and, further, to provide for the

form of the notice.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF CLAY COUNTY, FLORIDA, as follows:

Section 1. Findings. The Board adopts the foregoing Recitals as its findings and

declares that said findings provide the justification for the adoption by the Board of thisresolution.

Section 2. Referendum. Pursuant to the requirements of Section 2.2.I of the Charter, the

Board hereby authorizes and directs that the Ordinance Referendum be placed on the ballot ofthe general election currently scheduled for November 6, 2012. The ballot title and summary for

the Ordinance Referendum shall read as follows:

ORDINANCE AMENDMENT TO PERMIT SUNDAY

ALCOHOLIC BEVERAGE SALES AT SAME TIMES AS

ALL OTHER DAYS.

SHALL AN ORDINANCE BE ADOPTED AMENDING

CLAY COUNTY CODE SEC. 3-2 BY REVISING

SUBSECTION (b) TO CHANGE THE 2 P.M. TO 12 A.M.

SUNDAY ALCOHOLIC BEVERAGES SALE AND

CONSUMPTION HOURS WITHIN UNINCORPORATED

CLAY COUNTY TO THE PERIOD FROM 7 A.M. TO THE

FOLLOWING 2 A.M., CONSISTENT WITH ALL OTHER

DAYS, SUBJECT TO SPECIFIED LIMITATIONS;

DELETING SUBSECTION (d) REGARDING DECEMBER

31 ALCOHOLIC BEVERAGES SALES; REDESIGNATING

CERTAIN SUBSECTIONS; PROVIDING AN EFFECTIVE

DATE?

____ YES

____ NO

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Section 3. Referendum Notice. Pursuant to the requirements of Section 100.342, Florida

Statutes, the Board hereby directs that notice of the Ordinance Referendum shall be published inthe Clay Today on Thursday, October 4, 2012, and on Thursday, October 18, 2012, said notice to

be in the form attached hereto as Exhibit B.

Section 4. Effective Date. This Resolution shall become effective immediately upon itsadoption.

DULY ADOPTED by the Board of County Commissioners of Clay County, Florida, this

8th day of May, 2012.

BOARD OF COUNTY COMMISSIONERS

CLAY COUNTY, FLORIDA

By:Douglas P. Conkey

Its Chairman

ATTEST:

S. C. KopelousosCounty Manager and Clerk of the

Board of County Commissioners

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Exhibit A[Certification by Supervisor of Elections]


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ORDINANCE NO.AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY,FLORIDA, AME NDING SUBSECTION (b ) OF CLAY COUNTY CODE SEC. 3-2, WHICHPERTAINS TO THE HOURS DURING WHICH ALCOHOLIC BEVERAGES MAY BE SOLD AND- CONSUMED WITHIN THE COUNTY, BY ALLO WING SALE AND CONSUMPTION HOURS ONSUNDAY TO BE CONSISTENT WITH THE OTHER SIX DAYS OF THE WEEK, FRO M 7:00 A .M .TO 2:00 A.M. THE FOLLOWING DAY, SUBJECT TO FURTHER SPECIFIED LIMITATIONSPERTAINING TO CHRISTMAS DAY AND LIMITED HOURS ESTABLISHMENTS; BY DELETINGSUBSECTION (d ) OF CLAY COUNTY CODE SEC. 3-2, PERTAINING TO THE SALE OFALCOHOLIC BEVERAGES ON THE THIRTY-FIRST DAY OF DECEMBER; BY REDESIGNATING(e), (f ) AND (g) ACCORDINGLY; AND BY PROVIDING AN EFFECTIVE DATE.

Be It Ordained by the Board of C ounty Commissioners o f Clay County:m

LSection 1. Ame ndme nt t o Sec. 3-2. Clay Cou nty Code Sec. 3-2 is hereby am end ed t o re-adi,n ts rnar-J.Jent irety as follows: A m r0 3 , mW2 0 1 7 1Sec. 3-2. -Hours of sale and consumption.0,171 3- $ a(a) The sale o f alcohol ic beverages at any t ime by any person other than as authorized by this s c a n s W0 0prohibi ted. n C-L

h(b) Exce pt as pr ov ide d in subse ctions (c),++and tg) f),the sale o f alcoholic beverages wit hin th eunincorp orated areas of the county is authorized t o commence on every day at 7:00 a.m.and c ontin ue until 2:00 a.m. o f the following da 2:X p-m-xd

(c) An excep tion to the authorized hours of sale o f alcoholic beverages as set ou t in subsections (b) andtg) f) shall be tha t no alcoholic beverages shall be sold on Christmas Day until the regular au thorizedopening sale time on December 26. The inte ntion o f this subsection i s tha t no alcoholic beverages besold d uring Christmas Day and Christmas night o f each year.

# d )W it h respect to places wherein the sale of alcoholic beverages is perm itted fo r on-prem isesconsumption, such consumption shall be proh ibited during the same times that sales are prohibited,except for t he thir ty-minute period immediately fol lowing the designated t ime tha t sales mus t cease.@ (e) As used in this section, t he follow ing term s and phrases shall have the m eanings herein ascribed:

( I ) lcoholic beverage establishm ent means a place, business or oth er estab lishm ent selling andserving alcoholic beverages for cons umption on premises.(2)Alcoholic beverages means distilled spirits a nd all beverages conta ining one-h alf (K) o f o n e(1) per cent o r m ore alcohol by volume.

[Additions are underlined; deletions are -


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Exhibit B[Ordinance Referendum Notice]


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To be advertised: THURSDAY, October 4, 2012, and THURSDAY, October 18, 2012

In The Clay Today:

NOTICE OF REFERENDUM ON PROPOSED ORDINANCE AMENDMENT TO

PERMIT SUNDAY ALCOHOLIC BEVERAGE SALES AT SAME TIMES AS ALLOTHER DAYS

Pursuant to the requirements of Section 100.342, Florida Statutes, the Board ofCounty Commissioners (the Board) of Clay County, Florida (the County), hereby givesnotice of its placement of a referendum (the Referendum) on the ballot of the generalelection currently scheduled on November 6, 2012, on the question to be decided by theelectors of the County whether to amend Clay County Code Sec. 3-2. The title andsummary for the Referendum to appear on the ballot shall read as follows:

ORDINANCE AMENDMENT TO PERMIT SUNDAY ALCOHOLIC BEVERAGE SALES

AT SAME TIMES AS ALL OTHER DAYS.

SHALL AN ORDINANCE BE ADOPTED AMENDING CLAY COUNTY CODE SEC. 3-2BY REVISING SUBSECTION (b) TO CHANGE THE 2 P.M. TO 12 A.M. SUNDAYALCOHOLIC BEVERAGES SALE AND CONSUMPTION HOURS WITHINUNINCORPORATED CLAY COUNTY TO THE PERIOD FROM 7 A.M. TO THEFOLLOWING 2 A.M., CONSISTENT WITH ALL OTHER DAYS, SUBJECT TOSPECIFIED LIMITATIONS; DELETING SUBSECTION (d) REGARDING DECEMBER31 ALCOHOLIC BEVERAGES SALES; REDESIGNATING CERTAINSUBSECTIONS; PROVIDING AN EFFECTIVE DATE?

____ YES

____ NO

Board of County CommissionersClay County, Florida

-----------------------------------------------------END---------------------------------------------------------

Special Instructions to Publisher:

Please submit galley proof to the County Attorneys Office (Fax No. 269-6346) for approvalprior to publication.


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Send Invoice and Proof of Publication to: Send duplicate Proof of Publication to:

County Attorneys Office Honorable Chris H. Chambless

P.O. Box 1366 Supervisor of Elections

Green Cove Springs, FL 32043 Post Office Box 337

Green Cove Springs, FL 32043

Documents

Mark Scruby Memo on Sunday Alcohol Sales 5-1-12