Item S27
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
July 20, 2016
Agenda Item Number: S.2
Agenda Item Summary #1793
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Chris Ambrosio (305) 292-3470
3:00
AGENDA ITEM WORDING:
A public hearing to consider an ordinance amending Sec. 18-2 of
the Monroe County Code to provide the County Administrator with authority to waive the
prohibitions of possession and consumption of alcoholic beverages at public beaches and parks.
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. Many 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 which is 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
ordinance that provides the County Administrator with similar authority with respect to camping in
county parks and recreational facilities and extension of park hours.
The proposed ordinance and amendments to the title and body of MCC §18-2 is attached
with words stricken are deletions and words underlined are additions.
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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
§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. 5/18/16 -
Discussion and direction by the BOCC and approval to proceed with ordinance. 6/15/16 - Approval
to advertise public hearing to consider ordinance.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval of ordinance amending MCC §18-2.
DOCUMENTATION:
Current Sec.18.2. Possession or consumption of alcoholic beverages on public beaches and parks.
Published Notice of Intention to Consider Adoption of County Ordinance auth County Administrator
to wiaive prohibition of alcoholic beverages at public facilities parks and beaches; per event basis
Ordinance amending Sec.18-2. Including underline and strike through version.
Proposed Sec. 18-2. final clean version
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: Cost to advertise
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:
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Bob Shillinger Completed 06/24/2016 9:57 AM
Chris Ambrosio Completed 06/24/2016 10:38 AM
Chris Ambrosio Skipped 06/21/2016 10:57 AM
Budget and Finance Completed 06/24/2016 12:10 PM
Maria Slavik Completed 06/27/2016 7:24 AM
Kathy Peters Completed 06/27/2016 11:51 AM
Board of County Commissioners Pending 07/20/2016 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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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERNJuly 20, 2016at 3:00
that on
P.M., or as soon thereafter as may be heard, in theMarathon Government Center, 2798 Overseas
Highway, Mile Marker 50, Marathon,Monroe County, Florida
, the Board of County
Commissioners of Monroe County, Florida, intends to consider the adoption of the following County
ordinance:
AN ORDINANCEAMENDING 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 INCONFLICT; AND
PROVIDING ANEFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decidesto appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. -5:00 p.m., no later than five (5) calendar days prior to the scheduled
meeting; if you are hearing or voice impaired, call “711”.
st
Dated at Key West, Florida, this 21day of June,2016.
AMY HEAVILIN, Clerk of the Circuit Court
(SEAL)and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Fr)6/24/16
Keynoter(Sa)6/25/16
Reporter (Wed)6/29/16
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