Ordinance 006-1989
,
Commissioner John Stormont
ORDINANCE NO. 006-1989
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 2.1-2 OF THE MONROE COUNTY
CODE TO ESTABLISH HOURS OF SALE OF ALCOHOLIC
BEVERAGES WITHIN UNINCORPORATED MONROE
COUNTY; ESTABLISHING PENALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE
MONROE COUNTY CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, according to the Final Report of the Spring Term,
1988 Grand Jury of the Sixteenth Judicial Circuit, it was
identified that 40% of Florida Highway Patrol Driving While Under
the Influence of Alcohol arrests were between the hours of 11
P.M. and 7 A.M., and
WHEREAS, in the same Final Report it was found that 52% of
the fatal automobile accidents in Monroe County occurred between
the hours of 11 P.M. and 7 A.M., and
WHEREAS, a report issued by the State of Florida, Bureau of
Public Safety, Department of Community Affairs, lists Monroe
County highest in the State of Florida, between the years of 1985
and 1987, with Driving While Under the Influence of Alcohol
related problems, and
WHEREAS, in the same Final Report of the Grand Jury it was
found that automobile accidents, many of which are caused by
drunk drivers, are a primary threat to the lives and well being
of our citizens, and
WHEREAS, Florida Statutes Section 562.14(1) provides that,
except as otherwise provided by County or Municipal Ordinances,
no alcoholic beverages may be sold, consumed, served, or
permitted to be served or consumed in any place holding a license
under the Division of Alcoholic Beverages and Tobacco of the
Department of Business Regulation between the hours of midnight
and 7 A.M. the following day, and
:iJNOW
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WHEREAS, Monroe County previously enacted legislation under
Resolution on June 10, 1947, L~~IR~i~~ ~ire sale of alcoholic
beverages in Monroe County to B~~~~S ~H~~jJ~~ on a twenty-four
(24) hours, seven (7) days per week basis, which was codified in
the Monroe County Code of Ordinances as Section 2.1-2, and
WHEREAS, Monroe County, Florida, finds it in the best
interests of the public health, safety and welfare of its
citizens to restrict the hours of sale and consumption of
alcoholic beverages within unincorporated Monroe County in those
establishments licensed under the Division of Alcoholic Beverages
and Tobacco of the Department of Business Regulation of the State
of Florida, so as to attempt to reduce the number of automobile
fatalities through their indicated relationship to driving while
under the influence of alcohol, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1. Monroe County Code of Ordinances Section 2.1-2
is hereby amended to read:
"Sec. 2.1-2. Hours of sale.
(a) Within the boundaries of unincorporated
Monroe County, no alcoholic beverages may be sold,
consumed, served, or permitted to be served or consumed
in any place holding a license under the Division of
Alcoholic Beverages and Tobacco of the Department of
Business Regulation of the State of Florida between the
hours of four a.m. (4 A.M.) and seven a.m. (7 A.M.) of
the same day.
(b) Any person violating this section shall be
guilty of a misdemeanor of the second degree, punish-
able as provided in F.S. 755.082 or F.S. 775.083. In
addition, any person or establishment violating this
section shall have revoked any previous rights granted
to it by Monroe County under the former provisions of
Monroe County Code Section 19-218 and/or any alcoholic
2
beverage use permit granted to it under the provisions
of Monroe County Ordinance No. 004-1985."
Section 2. If any section, subsection, sentence, clause or
provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
Section 3.
All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of
said conflict.
Section 4.
The provisions of this ordinance shall be
included and incorporated in the Monroe County Code, as an
addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of the
Code.
Section 5.
This ordinance shall take effect immediately
upon receipt of official notice from the office of the Secretary
of State of the State of Florida that this ordinance has been
filed with said office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 21st day of February, A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: #~aN
(SEAL)
Attest;DANNY L. KOLHAGE, Clerk
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BY
Attorney'. c-.
FILED WITH SECRETARY OF STATE:
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~NCH OFFICE
'OVERSEAS HIGHWAY
RATHON. FLORIDA 33050
'" (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
February 27, 1989
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
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Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 006-1989 amending Section 2.1-2 of the Monroe County
Code to establish hours of sale of alcoholic beverages
within Unincorporated Monroe County~ etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on February 21, 1989.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board 0 County Commissioners
By:
Rosalie L. Co
Deputy Clerk
cc: Municipal Code Corp.
Mayor Michael Puto
Commissioner Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton
Commissioner John Stormont
Sheriff Allison DeFoor
County Attorney Randy Ludacer
County Administrator Tr Brow I
Fil~
P 027 136 ),].4
RECEIPT FOR CERTIFIEC
NO INSURANCE COVERAGE PROVIOEO
NOT FOR INTERNATIONAL MAlL
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to whom and Date Delivered
Return Receipt showing to whom.
Date. and Address of Delivery
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and 4. ,
Put your eddre.. In the" TURN TO" Space on the reverse side. Failure to do mil will prevent this
card from being returne you. The return reeelot fee will orovlde you the name of the oerlon
. For additional fees the following lervlcas are available. Conlult
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1. 0 Show to whom delivered, date, end addr..lee'l addr.... 2. 0 R..trlcted Delivery
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8. Addressee's Address (ONL Y if
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Signature - Addressee
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Date of Dellv
MAR 3
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PI Form 38", Mar. 1987
.. u.s.a. P.O. 1017.171.211
DOMESTIC RETURN RECEIPT
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
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March 3, 1989
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Honorable Danny L. Ko1hage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions
this will acknowledge:
1. Receipt of letter/s of
and certified copy/ies
County Ordinance(s)
of Section 125.66, Florida Statutes,
of
February 27, 1989
Monroe
No. 89-06
2. Receipt of
relative to:
County Ordinance(s)
( a )
which we have numbered
(b)
which we have numbered
3. We have filed this/Fae~e ordinances in this office
onMarch 3, 1989. (3:41 pm)
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
s~e:r~lY,~
L~, Chief
Bureau of Administrative Code
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