AGENDA MEMORANDUM

                                                             

 

MEETING DATE:   November 14, 2011

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Proposed amendment to Chapter 5 Alcoholic Beverages of the Leesburg Code of Ordinances to change the hours of operation

 

 

Staff Recommendation: 

Staff requests the City Commission review and approve the proposed revision for Chapter 5 Alcoholic Beverages of the Leesburg Code of Ordinances.

 

Analysis:

At the request of the City Commission, staff has reviewed the alcohol requirements regarding the hours of operation for consumption of alcoholic by local businesses that sell and/or serve alcohol.  Based upon this review as well as the review of hours of operation of other municipalities and Lake County, staff recommends the following amendments for changing the hours of sale on Sundays to be consistent with the hours of sale on all other days, prohibiting the sale of alcoholic beverages between the hours of 2:00 am and 7:00 am on any day of the week.

 

Fiscal Impact:

There is no anticipated fiscal impact for the City of Leesburg at this time.

 

Submission Date and Time:    11/10/11 2:04 PM____

 

Department: Community  Development

Prepared by:  Mike Miller, Planner/Bill Wiley, AICP                   

Attachments:         Yes__X_   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_X_  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head __BW_____

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

 

ORDINANCE NO.                                    

 

AN ORDINANCE OF THE CITY OF LEESBURG AMENDING §5 – 5 OF THE CODE OF ORDINANCES PERTAINING TO HOURS OF SALE FOR ALCOHOLIC BEVERAGES, CHANGING THE HOURS OF SALE ON SUNDAYS TO BE CONSISTENT WITH THE HOURS OF SALE ON ALL OTHER DAYS, PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES BETWEEN THE HOURS OF 2:00 AM AND 7:00 AM ON ANY DAY OF THE WEEK, REPEALING CONFLICTING ORDINANCES, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE.

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

 

SECTION I. 

 

§5 – 5 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended to read as set forth below:

 

It shall be unlawful for any licensee to sell, give, serve or permit to be served, intoxicating liquors, wines or beers between the hours of 2:00 a.m. and 7:00 a.m. each day of the week, within the corporate limits of the city. It shall also be unlawful for any person to consume any alcoholic beverages within premises licensed to sell or dispense alcoholic beverages, during the hours prohibited by this section. The presence within premises licensed to sell or dispense alcoholic beverages of any drink or beverage which has been poured from its original container shall be prima facie evidence of a violation of this section.

 

SECTION II.

 

All ordinances or part of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION III.

 

If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed here from and the remainder of the ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION IV.

 

This Ordinance shall become effective upon its passage and adoption according to law.

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the                   day of                                                 , 2011.

 

 

 

                                                                                    THE CITY OF LEESBURG, FLORIDA

 

 

 

                                                                                    BY:                                                                 

                                                                                                MAYOR

 

 

 

Attest:                                                                         ___

            CITY CLERK