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Ordinance 024-1995 Board of County Commissioners ORDINANCE NO,. 24-1995 AN ORDINANCE AMENDING SECTION 13.5-3(b), MONROE COUNTY CODE, IN ORDER TO ALLOW THE ON-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THE RESTAURANT AND RESTAURANT PATIO AREA AT HIGGS BEACH COUNTY PARK IF AUTHORIZED IN THE COUNTY/RESTAURANT LESSEE CONTRACT AND PERMITTED BY THE STATE AND THE CITY OF KEY WEST; FURTHER CLARIFYING THAT THE PROHIBITION ON ALCOHOLIC BEVERAGES AT HIGGS BEACH COUNTY PARK MAYBE WAIVED BY THE COUNTY COMMISSION ON A PER EVENT BASIS FOR NON-PROFIT GROUPS SUBJECT TO CERTAIN RESTRICTIONS INCLUDING OBTAINING WHATEVER PERMITS ARE REQUIRED BY THE CITY OF KEY WEST AND THE STATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES: AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: (b) -" Section 13.5-3(b}, Monroe County Code, is heriby~m~ed r= z :::;.. ,..,., ::8~_ Z CJ 0":;:: ~ iT.,r ,~ ""T'1 . l::-c ". C) cc~ ~ :;r.; c:: ::..., z"- Section 1. to read as follows: Prohibition on alcoholic beverages. a o (1) No person sAaU may possess any container containing N any alcoholic beverage while at Higgs Beach County Park~except 0\ for on-premise sale and consumption within the enclosed restaurant and restaurant patio area. The restaurant exception only applies if: il The County/restaurant lessee contract allows for the on-premise consumption and sale of alcoholic beveraaes: and iil The restaurant lessee has whatever approvals and permits are needed from the State of Florida and the City of Key West for the on-premise sale and consumption of alcoholic beveraaes. :-< ., : :.0 ,.." c"') C> ::0 p-. ,..; (2) The board of county commissioners may also waive the provisions prohibition of this subsection (b) (1) on a per event ba- sis upon a resolution of the board. However, any such waiver may only be granted to a nonprofit organization, sAaU must require the presence of security guards in the number the board determines necessary to preserve public order, and sAaU must require liability in- surance naming Monroe County as an additional named insured in a form and amount satisfactory to the county administrator. ~ Nothing in this subsection sAaU may be construed as waiving or exempting any nonprofit organization from whatever permits or approval may be required by the City of Key West or the State of Florida. Section 2. If any section, subsection, sentence, clause or provision of this ordi- nance is held invalid, the remainder of this ordinance shall not be affected by such inva- lidity. 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 Code of Ordinances of the County of Monroe, Florida, as an addition or amend- ment thereto, and shall be appropriately renumbered to conform to the uniform number- ing 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 18 th day of July , AD, 1995. Mayor Freeman Mayor Pro Tem London Commissioner Harvey Commissioner Reich Commissioner Douglass ~ ~ yes ~ yes B~C. &kx1~ / Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BycS'~-t~ (SEAL) Attest: DANNY L.KOLHAGE, Clerk EFFECTIVE DATE jordhiggs A~r:1rV'.~I~~ l' ~'? "'(4: ,...,-. ,... . 1Dannp 1.. }&olbage CERTIFIED MAIL RETURN RECEIPT REQUESTED CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 August 2, 1995 BRANCH OFfICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARA THON, FLORIDA 33050 TEL (305) 289-6027 Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws The Elliott Building 401 South Monroe Street Tallahassee, FL 32399-0250 Dear Mrs. Cloud: Enclosed please find certified copies of Ordinance Nos. 022,024, & 026-1995, all which are self-explanatory. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on July 18, 1995. Please file for record. Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis ~~{, C. ~/4ct/~:y / Deputy Clerk - cc: Municipal Code Corporation, Ord. #'s: 022 & 024-1995 only County Commission County Administrator County Attorney Growth Management Director, Ord. #026-1995 Tax Collector, Ord. #022-1995 Public Works Director, Ol'd. #024-1995 VFile 1:1 -. ~n -~ {', ~ '~ ,1 - ..!"."). , ~~ Y..,' .. ,~ ", C) ~ .,.s. ,.., a ," '" -1) r-;, ' ,. ,] r"::: - In r<.J ~' : ,-~ ;"'t " :.JI ;0 ,':";:1 CO d ~, ", ,..., '"" r-:1 ..... ':.) - r.::> '.... . "" ~l '" -0 "" ,- 7-<'; , ::L.' I- -, f'.~ - ;:;; % Z 39b 367 657 Receipt t :~l ',"1 C? , 1":, ~ for r:, ~;!o . -;::1 <~ '" Certified Mail "~ " ~, ...::.,;. .- '.11 ::> ..-::- lj,' , "" ;t.! 0' ....-: '"~ No Insurance Coverage :--..:, ~ ::> Provided ':7" ,-. g - (". .tl' ,'~; '" .... UNITED STATES Do not use for International Mail 1"';- "' POSTALSER\lICE ::-!:' -, " (See Reverse) ,-. .--', c~,~ '" ~. 'tl c::J '" ..... 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Publllller STATEMENT OF PROOF OF PUBLICATION ST ATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is EDITOR and PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a LEGAL ADVERTISEMENT IN THE MATTER OF_NOTICE OF INTENTION_ IN THE Court, was published in said newspaper in the issues of _ 6/29 and 7/6/95. Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. 4, fu?1~ SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS _6TH_ DAY OF __JULY_ A.D., 1995__ "-[~ /f~/? A7~ NOTARY PUBLIC ,.~~Q(.-<, MY COMMISSIO~.WEt "'-fl~. "~ '.I.r:t'i')..(}'. DAVEE R DOVE My Com.I~ OC431178 E'JCPiree Feb. 06, 1999 ElbnaecJ by ANa 800-852-5878 NO'I'ICE ot' I!CTDmOJI'IOCONSIDU Al)OPT10N OF COVNTYORDI!\IANCE NonCE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday,July 18 1995. at 10:00 A.M. atthe Holiday Inn Beachside, 3841 North Roosevek Boulevard. Key \'lest. Monroe County, Florida, the Board of County Commissioners of Moiu- County, Florida, intends to consider the adoption of the following County ~inance: ORDINANCE NO. 1995 AN ORDINANCE AMENDING SECTION 13.S-3(b). MONROE COUNTY CODE. IN ORDER TO ALLOW THE ON-PREMISE SALE AND CONSUMPTION QF ALCOLijOLIC BEVERAGES WItHIN TIlE RESTAURANT AND RESTAURANT PATIO AREA AT HIGGS BEACH COUNTY PARK IF AUTIlOIUZEI) IN TIlE COUNTY/RES- TAURANTLESSEECONTRAcrANO~D 8YTHESTA lE AND TIlE CITY OF KEY ,WEST; FURTIIER CLARIFYING TIIA T TIlE PROHIBITION ON ALCOHOLIC BEVERAOESAT HIGGS BEACH COUNTY PARK MAY BE WAIVED BY THE COUNTY COMMISSION ON A PEREVENTBASIS FORNON-PROFITGROUPS SUBJECTroCERTAINRESTRICOONS INCLUDING OBTAINING WHATEVER PERMITS ARE REQUIRED BY THE CITY OF KEY WESTANDTHE STA m; PROVIDING FOR SEVERABILITY; PRO- VIDING FOR }mPEAL OF ALL ORDINANCES INCONSISmNT HEREWlTII;PROVIDING FOR INCORPORA nON INTO THE MON- ROE COUNTY COPE; AND PROVIDING AN EFFECfIVE DAlE. PursuanHo SectionZ86_0105, Florida Statutes. notice is given that if a persotulecided to appeai any decision !JIlIde by the Board with respect to any inatter considered.. such hearing or meeting, he will need a reCord of the proceedings.. and that, for such purpose. he may need to enSlD'e that a verbatim record of thepnX:eedi~ is made. which record includes the testimony and evidence upon wbichthe appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe Coonty, Florida. DATED at Key West. Florida, this 220d day of June, 1994. DANNYL. KOLHAGE Clerk of the Circuit Court and .ex officio Clt!i-k of the " Board \>f.Coonty CornmiSllioners of MODiOe COU8~, Rorida Published: 6129 and 7/6195,. The Reporter Tavernier, FL 33070 - (/ ~J- (', (' . PR { i., Published Daily Key.\Vest, I\'Io~roe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE: Before' the undersigned authority personally appeared Randy Erickson, who on oath says that he is AdveDising 'Manager of The Key Vvest Citizen', a daily nev,Ispaper published at Key West in Monroe County, Florida; that the attached copy of the advertisement, being a 1802.1 notice i~H',ematterof NtJ~lt-e o~ 1hie","]wr-. I j.Jy f'i:, lotq~ ()r&rnaC-<- Qn-,~f/IA{'Y?r <;.eC-il'o~ Is-S{1-,J ' in tha h (eA.. court, 'Nas published in said newspaper in the issuss ci j{~ I/J~ '). (, J I qq.{, . Aff},?~t, f,urt.~,er .q'?-ys th,at the said T~e ;<61 '//25t 9itizen'is a neYl~pape~ p~b.!ished at Key vYest"in s'aid)Vlonroe County, F1or:02., 2nd th~t the s2.id.n'ewsp2.per h'as heretofore'been continuousiy published' in' said lvionroe County, F!orida, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a p~riod of 1 year next preceding the first public2.t1on of the atte.ched copy or e.dveriisement; and affiant further says the.! he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securir;g this advertisement for publication in the said newspaper, Oq<l533 _,199-5 S\....orn to and subscribed before me thi S:.~L l~i;~Ji ~ ~ ~g~~~;f~iJ%;j~~"~ . 'otary PubHc) Expires: \d'#;>- Personally I<no\'m ~ or Produced !dentiHcation Type of Identification Produced I Notery PubHc) . 'NOTICE OF INTENTION TO CON- , . SIDER APTION N F COUNTY NOTICE IS HEREBY GIVEN TO WHOM IT`MAYCCONCgER 5, at hat on; Tuesday,the 18, Inn Beachside, - a.m� at the Holiday 3841 'North. Roosevelt Boulevard, ,rd r .Key West, Monroe County, the Board of County ii s rid rs 'of Monroe County, - consider the adoption of the.follow- . . ing County ordinance: ORDINANCE NO-1995 • AN ORDINANCE AMENDING SEC- ', TION,13.5-3(b),MONROE COUNTY •CODE,IN ORDER TO ALLOW THE ON-PREMISE SALE AND.CON- SUMPTION OF ALCOHOLIC BEV- ERAGES WITHIN THE RESTAU- - RANT AND RESTAURANT PATIO AREA AT HIGGS BEACH COUNTY PARK IF AUTHORIZED IN THE V . COUNTY/RESTAURANT LESSEE'• i . ' CONTRACT AND PERMITTED BY .THE STATE AND THE CITY OF KEY'i WEST;FURTHER CLARIFYING ,I THAT THE PROHIBITIONN. ON AL- -COHOLIC BEVERAGES„ . .BEACH COIINTY'P'ARK MAYBE• WAIVED BY,THE COUNTY.COM= MISSION'ON,A PER EVENT BASIS ' :`\ G FOR NON-PROFIT GROUPS SUB • ERTAIN RESTRICT EJECT ITON LUDING OBTAINING IONS WHATEVER PERMITS ARE RE-` • QUIRED BY THE CITY OF KEY'- . WEST AND THE STATE;PROVID- r ING FOR SEVERABILITY;PROVID • - ' INGFOR THE.REPEAL OF ALL OR- .DINANCES INCONSISTENT HERE- • *WITH;PROVIDING FOR INCORPO RATION INTO THE MONROE ti COUNTY CODE OF ORDINANCES; w AND PROVIDING FOAAN EFFEC- TIVE DATE, Pursuant to Ssction 2S6•a•05, Flor- ida Statutes, notice is give%fhat i a person decides to appeal a. deci-' I. -,sion made by the Board with'; ect to any matter considered at the ar- he will need a record of the . 'ceedings~' Sb�e that a eP�,h.` he may need.:_ e t s rb 1 tim record of the. proceeding •__, made;which record incl onewhch the timony and evidence up • , 'appeal is to be based. • Copies of the above refn ubllc libraries' in Monroe nanceare available for ere review ced at theordi- �, various. p.County,Florida. , Florida, this DATED at Key West, Flor 995. 22nd day of•JunDANNY L.KOLHAGE Clerk of the.Circut Court and ' ex officio Clerk of the Boo dpf County Commissioners of Florida. , County, 1995 - • June 26th, ' . • PROOF OF PUBLICATION T • THE FLORIDA KEYS KEYNOTER . Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared Tom Schumaker who on oath, says that he/she is • Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice Of Intention To Consider_-Adoption,_Of- Co-u-n-ty--Ordin-a-nce IN THE MATTER OF: An Ordinance Amending Section 1 3 . 5-3 (b ) Monroe County_Coithe �N . Court was published in said newspaper in the issues of • no.7576100 • June 28 , "..July 5 , 1995 NOTICE OF INTENTION TO CONSIDER ADOPTION. OF COUNTY ORDINANCE • NOTICE IS HEREBY GIVEN TO Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper + WHOM IT MAY CONCERN that on Tuesday, July 18, 1995, at 10:00 a.m. at the Holiday Inn at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- Beachside, 3841 North Roose- velt Boulevard,Key West,Mon.- paper has heretofore been continuously published in said MONROE COUN- roe County,Florida,the Board of County Commissioners of Mon- roe County, Florida, intends to TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been consider the adoption of the fol- lowing County ordinance: entered as second class mail matter at the post office in MARATHON, in ORDINANCE NO. -1995 said MONROE COUNTY, FLORIDA, for a period of one year next preceding AN ORDINANCE AMENDING SECTION 13.5-3(b), MONROE CUNTY CODE,IN ORDER TO AL- the first.-publication of the attached copy of advertisement; and affiant fur- LOW THE ON-PREMISE SALE AND CONSUMPTION OFALCO- ther says that he has•neither paid.nor promised any person, firm, or corpo- THIN • - 'SHEIC BEVERAGES RESTAURANT AND IRES- ration any discount, rebate, commission or refund for the purpose of secur GS BEACRANT COUNATIO Y PARK KI F GS BEACH COUNTY IF AUTHORIZED IN THE COUNTY/ ing this advertisement for publication in the said newspaper.(SEAL) RESTAURANT LESSEE CON- TRACT AND PREMITTED BY THE STATE AND THE CITY OF KEY WEST;FURTHER CLARIFY- ING THAT THE PROHIBITION ON I ALCOHOLIC BEVERAGES AT' HIGGS-BEACH COUNTY PARK I MAY BE WAIVED BY THE , COUNTY COMMISSION- ON A PER EVENT BASIS FOR NON- ' ' PROFIT GROUPS SUBJECT TO' - CERTAIN RESTRICTION IN- CLUDING OBTAINING WHAT- ' EVER PERMITS ARE REQUIRED ' MiC'tFFiAL R.FO RES EL BY THE CITY OF KEY WEST, oIl_a). - AND THE STATE; PROBIDING I 4, 4 My Comm Exp. 1/03/99 ' FOR SEVERABILITY; PROVID- ���\\`, - ING FOR THE REPEAL OF ALL' (Se .#��iii.�a.h� ��Bonded By Service Ins ORDINANCES INCONSISTENT I PUBLIC yHEREWITH;PROVIDING FOR IN-I No. CC431326 CORPORATION INTO THE MON- ROE COUNTY CODE OF ORDI- • *enmity I]Other LD. • t`'ANCES;AND PROVIDING AN ' . EFFECTIVE DATE. Pursuant to Section 286.0105, SWORN TO AND SUBSCRIBED BEFORE ME THIS 6 th Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board • with respect to any matter con- sidered at the hearing, he will need a record of the proceedings, July M A.D. 19 9 5 may ne©d to ensure the Pa verbs DAY OF --_—_— ' tim record of the proceedings is made,which record includes the, testimony and evidence upon which the appeal is to be based. j Copies of the above-referenced' ___ _�� _ ordinance are available for review' at the various public libraries in' Monroe County,Florida. - - DATED at Key West,Florida,this 22nd day of June,1995. I DANNY L.KOLHAGE j Clerk of the Circuit Court' and ex officio Clerk of the Board of County Commissioners - 4_ of Monroe County,Florida 1 Publish:June 28,July 5,1995 .. 'B,o c c. . 13'~ 4 ~ Published Daily Key..\Vest, I\'Io~roe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE: Before' the undersigned authority personally appeared Randy Erickson, who on oath says that he is Advei}ising 'Manager of The Key '.Vest Citizen., a daily nevJspaper published at Key West in Monroe County, Florida; that the aiiached copy of the advertisement, being a legal notice in the matter of ~~\(-e S-ec. -=L,'u0 () ~ 1 V'\ 1..e /t\ ~ vV) 13. ~ -5 C6) ~Vl"-~({\6.t 'ns in the h (0.... issues of ~C<-/i} ~ 10 ,\- ~ court, was cublished in said ne':vsoaoer in the . . . S i cqq ~ , , Aii.i,?~t.f.urt.~.e ~ A?<ys th.at the said Ti;e ;~ey V'/est 9itizen is a ney'/~pape~ p~b.lished at I<ey vY,est.,jn s'aid Jvionroe County, Florida, end th2t the said, n'evJspaper h'as heretofore been continuousiy publish~d' in' said Monroe County, F!orida, each day (except Saturdays and speciiied holidays) and has been entered as second-class mail matter at the post office in Key V'/est, in said Monroe County, F!oridc, for a p~ricd of 1 year next preceding the Hrst publication of the attached copy of adveriis8lT;snt; and affiant further says that he has neither paid nor promised any person, iirm or corporation any discount, rebate, commission or refund for the purpose of securir:g this E.dvertisement for publication in the said newspaper. Sworn to 2nd subscribed before me thi (Sign2ture or I~iiiant) _,199'5 <<::'. --.... f#;NG) ,: I MY C.OMMISSION If CC 354124 EXPiRES: Marcil 9. 1998 P-onft1d Thru NnGt'Y Public Underwriters Expires: ~# /' . Personally I~b 'm /' or Produced'ldentiiicE.iion Type of Identific2~ion Produced ......~.J..,..~.-J~'..".':O-<."8 Name of Not2ry Public) .^ \ NOTICE OF|NT[`NT|ONTOCON' , OF COUNTY | ' ' | ---P0 GIVEN TO � ,WHOM IT iMAY CONCERN that on p,rh, at the Holiday inn Beachsl&�, ,38,41 Narth Roosevelt 'Boulevard. Key West, Monroe,County, Florida, the-Board of County Commissioners consider the adoption of the follow- .ing County ordinance: doc)� IN ORDER TO ALLOW THE ON-�REMiSE SALE AND CON SUMPTION OF ALCOHOLIC BEV- R*n'AND RESTAURANT PATIO.. EAC�QQUNfY | AREA AT ""~.,. ...E-.._RANT LESSEE ! CONTRACT AND PERMITTED BY, E-ANDTHE{CITY � r*ATTHE PROHIBITION DNAL BEVERAGES*/ m � - BEACH COUNTY PARK MAY BE: ` WAIVED BY THE COUNTY O8M- ' m/SS/vmu. A PER EVENT BASIS: FOR NON-PkOFIT GROUPS SUB'- / RE- QUIRED 8Y THE CITY OFKEY, ` | PROV\D^ ING FOR THE REPEAL OF ALL OR DI,NANCES INCONSISTENT HERE- / w///H;PROVIDING FOR".""., O� ' RATON|NTOTHEMONROE ' ' ` COUNTY CODE 0FORDINANCES; AND PROVIDING FOR AN EFFEC- TIVE DATE, Pursuant to,section 1 Flor- ida Statutes, is given that it a erson decides to appeal-,any deci- sion made by the Board with respect to any matter considered at..th6 hear- ing he will need a record at the.0�0- ....-"_._ he may need to ensure that a verba'%, proceedingsof the tim record made,which record timony and evidence upon which appeal is to be based. the Copies of the above-referenced ordi- � nahoe ' various public nu="= .. Monroe� , County,Florida_ Florida, � DATED at Key West, . 22nd day of June, 1985. . DaNNYL,KOLH8sE Court and ^==.. .the Circuit ex omom Clerk". "= � County nroe ^- - I County,�ohda June 26th, NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, July 18, 1995, at 10:00 a,m. at the Holiday Inn Beachside, 3841 North Roosevelt Boulevard, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO -1995 AN ORDINANCE AMENDING SECTION 13.5-3(b), MONROE COUNTY CODE, IN ORDER TO AtLOW THE ON-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THE RESTAURANT AND RESTAURANT PATIO AREA AT HIGGS BEACH COUNTY PARK IF AUTHORIZED IN THE COUNTY/RESTAURANT LESSEE CONTRACT AND PERMITTED BY THE STATE AND THE CITY OF KEY WEST; FURTHER CLARIFYING THAT THE PROHIBITION ON ALCOHOLIC BEVERAGES AT HIGGS BEACH COUNTY PARK MAY BE WAIVED BY THE COUNTY COMMISSION ON A PER EVENT BASIS FOR NON- PROFIT GROUPS SUBJECT TO CERTAIN RESTRICTIONS INCLUDING OBTAINING WHATEVER PERMITS ARE REQUIRED BY THE CITY OF KEY WEST AND THE STATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, 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. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this 22nd day of June, 1995. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Board of County Commissioners ORDINANCE NO -1995 AN ORDINANCE AMENDING SECTION 13,5-3(b}, MONROE COUNTY CODE, IN ORDER TO ALLOW THE ON-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THE RESTAURANT AND RESTAURANT PATIO AREA AT HIGGS BEACH COUNTY PARK IF AUTHORIZED IN THE COUNTY/RESTAURANT LESSEE CONTRACT AND PERMITTED BY THE STATE AND THE CITY OF KEY WEST; FURTHER CLARIFYING THAT THE PROHIBITION ON ALCOHOLIC BEVERAGES AT HIGGS BEACH COUNTY PARK MAY BE WAIVED BY THE COUNTY COMMISSION ON A PER EVENT BASIS FOR NON-PROFIT GROUPS SUBJECT TO CERTAIN RESTRICTIONS INCLUDING OBTAINING WHATEVER PERMITS ARE REQUIRED BY THE CITY OF KEY WEST AND THE STATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1, Section 13.5-3(b}, Monroe County Code, is hereby amended to read as follows: (b) Prohibition on alcoholic beverages, ( 1 ) No person sAaU may possess any container containing any alcoholic beverage while at Higgs Beach County Park except for on-premise sale and consumption within the enclosed restaurant and restaurant patio area, The restaurant exception only applies if: il The County/restaurant lessee contract allows for the on-premise consumption and sale of alcoholic beveraaes; and ii1 The restaurant lessee has whatever approvals and permits are needed from the State of Florida and the City of Key West for the on-premise sale and consumption of alcoholic beveraaes. (2) The board of county commissioners may also waive the provisions prohibition of this subsection (bH 11 on a per event ba- sis upon a resolution of the board. However, any such waiver may only be granted to a nonprofit organization, sAaU must require the presence of security guards in the number the board determines necessary to preserve public order, and sAaU must require liability in- I ' surance naming Monroe County as an additional named insured in a form and amount satisfactory to the county administrator, ~ Nothing in this subsection sAeU may be construed as waiving or exempting any nonprofit organization from whatever permits or approval may be required by the City of Key West or the State of Florida, Section 2. If any section, subsection, sentence, clause or provision of this ordi- nance is held invalid, the remainder of this ordinance shall not be affected by such inva- Iidity. Section 3. All ordinances or parts of ordinances in confiict 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 Code of Ordinances of the County of Monroe, Florida, as an addition or amend- ment thereto, and shall be appropriately renumbered to conform to the uniform number- ing 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 day of , AD, 1995. Mayor Freeman Mayor Pro T em London Commissioner Harvey Commissioner Reich Commissioner Douglass (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairman EFFECTIVE DATE jordhiggs "',..,,,,r"'.-\/,....., 1':'''7''~ ,...,......". r~.-"" ,....,-:-- . /. ;7 --- - c:;-__ / '-9 ,s--= I '