Item P064
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
May 18, 2016
Agenda Item Number: P.6
Agenda Item Summary #1625
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Chris Ambrosio (305) 292-3470
N/A
AGENDA ITEM WORDING:
Discussion and direction regarding amending MCC §18-2 that
prohibits possession and consumption of alcoholic beverages on public beaches and parks to provide
the County Administrator with authority to waive the prohibitions.
ITEM BACKGROUND:
Monroe County has many county-owned public facilities, beaches and
parks at which certain groups and organizations enjoy hosting events. Some of these groups and
organizations host annual events at these county-owned locations at which they desire to serve or
allow alcoholic beverages.
Monroe County Code of Ordinances (MCC) §18-2(b) prohibits any person, in, on or about
any public facility, vehicle or public beach or park in the unincorporated areas of the county, to
possess or consume alcoholic beverages. §18-2(b) and (c) provides that the prohibitions of
possession and consumption of alcoholic beverages on public beaches and parks may be waived by
Annually the BOCC receives approximately ten (10) prohibition waiver requests from groups
and organizations. Typically, most of the waiver requests are submitted to the County Administrator
less than two weeks before the scheduled event, so that the waiver and proposed resolution cannot be
timely placed before the BOCC at the next scheduled public meeting. Further, §18-2(c) provides that
such waiver may only be granted to a non-profit organization as an unnecessary limitation and
requirement.
Amending §18-2 to substitute the County Administrator or his/her designee for the BOCC
with authority to waive the prohibition on a per-event basis would eliminate these repeated items and
resolutions from being placed on BOCC agendas, will be consistent with similar authority granted to
the County Administrator with respect to waive prohibition on camping in parks and extending park
hours on a per-event basis, and enable groups and organization to submit their waiver request to the
amendments to the title and body of MCC §18-2 is attached with words stricken are deletions and
words underlined are additions.
PREVIOUS RELEVANT BOCC ACTION:
10/17/86 - Approval of MCC §13-9 prohibiting
consumption of alcoholic beverages on public beaches and parks; later becoming portion of MCC
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§18-2. 6/25/91 - Approval of amendment to MCC §13-9 adding that the BOCC may waive the
prohibitions upon a resolution and establishing certain limitations and requirements of the waiver.
7/14/04 - Approval of amendment to MCC §13-9 adding definition of alcoholic beverage.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Direct legal staff to prepare an ordinance amending MCC §18-2
to authorize County Administrator to waive prohibition against possession and consumption of
alcoholic beverages at public facilities, beaches and parks.
DOCUMENTATION:
Sec.18.2. Possession or consumption of alcoholic beverages on public beaches and parks.
Ordinance amending Sec. 18-2
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger Completed 04/27/2016 1:39 PM
Kathy Peters Completed 04/28/2016 2:34 PM
Board of County Commissioners Pending 05/18/2016 9:00 AM
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Sec. 18-2. - Possession or consumption of alcoholic beverages on public beaches and parks.
(a) For the purposes of this section, the term "alcoholic beverage" means distilled spirits and all
beverages containing one-half of one percent or more alcohol by volume.
(b) It shall be prohibited for a person, in, on or about any public facility, vehicle or public beach
or park in the unincorporated areas of the county, to possess or consume alcoholic
beverages. The prohibitions of consuming alcoholic beverages on public beaches and parks
may be waived by the board of county commissioners as provided in this section.
(c) The board of county commissioners may waive the provisions of this section upon a
resolution of the board. However, any such waiver may only be granted to a nonprofit
organization, shall require the presence of security guards in the number the board
determines necessary to preserve public order, and shall require liability insurance naming
the county as an additional named insured in a form and amount satisfactory to the county
administrator.
(Code 1979, § 13-9; Ord. No. 36-1986, § 2; Ord. No. 14-1991, § 2; Ord. No. 022-2004, § 34)
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ORDINANCE ___-2016
AN ORDINANCE AMENDING SECTION 18-2 OF THE MONROE
COUNTY CODE; PROVIDING THE COUNTY
ADMINISTRATOR WITH AUTHORITY TO WAIVE THE
PROHIBITION OF POSSESSION OR CONSUMPTION OF
ALCOHOLIC BEVERAGES AT PUBLIC FACILITIES,
BEACHES AND PARKS ON A PER EVENT BASIS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
Monroe County has many county-owned public facilities, beaches and parks at
which certain groups and organizations enjoy hosting events; and
WHEREAS,
a majority of these groups and organizations have annual events at these
county-owned locations; and
WHEREAS,
on numerous occasions the host group or organization desire to serve or allow
alcoholic beverages at these events; and
WHEREAS,
Monroe County Code of Ordinances (MCC) §18-2(b) prohibits any person, in, on or
about any public facility, vehicle or public beach or park in the unincorporated areas of the county, to
possess or consume alcoholic beverages; and
WHEREAS,
MCC §18-2(b) and (c) provides that the prohibitions of possession and consumption
of alcoholic beverages on public beaches and parks may be waived by the board of county commissioners
upon a resolution of the board; and
WHEREAS,
annually the BOCC receives approximately ten (10) prohibition waiver requests
from groups and organizations, and typically most of the waiver requests are submitted to the County
Administrator less than two weeks before the scheduled event, so that the waiver and proposed resolution
cannot be timely placed before the BOCC at the next scheduled public meeting; and
WHEREAS,
the provision of MCC §18-2(c) that provides that such waiver may only be granted
to a non-profit organization should be deleted as being an unnecessary limitation and requirement; and
WHEREAS,
by amending MCC §18-2 to substitute the BOCC with the County Administrator or
his/her designee with authority to waive the prohibition on a per-event basis this will eliminate these
repeated items and resolutions from being placed on BOCC agendas, will be consistent with similar
authority granted to the County Administrator with respect to waiving prohibitions of camping in parks
and extending park hours on a per-event basis, and enable groups and organizations to submit their waiver
request faster review, approval or rejection; and
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WHEREAS,
pursuant toF.S. §125.74(a), the County Administrator is authorized to administer
and carry out the directives and policies of the BOCC and enforce all orders, resolutions, ordinances, and
regulations of the BOCC; and
WHEREAS,
pursuant to F.S. §125.74(g), the County Administrator is authorized to supervise the
care and custody of all county property; and
WHEREAS,
pursuant to MCC §2-58(a) and (b) the BOCC adopted the county administration law
as contained in F.S, Ch.125, pt. III (F.S. §125.70 et seq.) and the County Administrator powers and duties
set forth in F.S. §125.74; and
WHEREAS,
the title of MCC §18-2 needs to be amended to more fully state and represent the
intent of the ordinance; and
WHEREAS,
MCC §18-2(b) needs to be amended to replace the BOCC with the County
Administrator or his/her designee as having authority to issue a written waiver of the prohibition of any
person from possessing or consuming alcoholic beverages at county-owned public facilities, beaches and
parks; and
WHEREAS,
MCC §18-2(c) needs to be amended to delete the requirement of a resolution of the
BOCC to constitute waiver and that such waiver may only be granted to a non-profit organization;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
:
SECTION 1:
The Title of Section 18-2 of the Monroe County Code is hereby amended to read as
follows:
Sec. 18-2. - Possession or consumption of alcoholic beverages on at public facilities, beaches and parks.
SECTION 2:
Section 18-2(b) of the Monroe County Code is hereby amended to read as follows:
(b) It shall be prohibited for a person, in, on or about any public facility, vehicle or public beach or
park in the unincorporated areas of the county, to possess or consume alcoholic beverages. The
prohibitions of possessing or consuming alcoholic beverages on public beaches and parks in, on or about
any public facility, beach or park may be waived in writing by the board of county commissionersCounty
Administrator or his/her designee on a per-event basis as provided in this section.
SECTION 3:
Section 18-2(c) of the Monroe County Code is hereby amended to read as follows:
(c) Upon submission of a timely and sufficiently detailed waiver request made to the County
Administrator, The board of county commissioners the County Administrator or his/her designeemay
waive the provisions prohibitions contained of in this section upon a resolution of the board. by way of
issuing a written waiver which states the limits and extent to which these prohibitions are waived.
However, any such waiver may only be granted to a nonprofit organization, shall require the presence of
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security guards in the number the board County Administrator or his/her designee determines necessary to
preserve public order, and shall require liability insurance naming the county Monroe County Board of
County Commissioners as an additional named insured in a form and amount satisfactory to the county
administrator County Administrator or his/her designee.
SECTION 4:SEVERABILITY
. Should any portion of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole, or
any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall
be held to be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 5:CONFLICT WITH OTHER ORDINANCES
. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 6:INCLUSION IN THE CODE OF ORDINANCES.
The provisions of this Ordinance
shall be included and incorporated in the Code of Ordinance of the County of Monroe, Florida, as an
addition or amendment thereto, and shall be appropriately renumbered as needed to conform to the
uniform numbering system of the code.
SECTION 7: EFFECTIVE DATE
. This Ordinance shall take effect upon the filing with the Department
of State as provided in F.S. §125.66(2).
PASSED AND ADOPTED
by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the _____th day of _______, 2016.
Mayor Heather Carruthers _______
Mayor Pro Tem George Neugent _______
Commissioner Danny Kolhage _______
Commissioner David Rice _______
Commissioner Sylvia Murphy _______
(
SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
By: ______________________________ By: _________________________________
Deputy Clerk Mayor
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