You are on page 1of 6

Agendaltem #: 4B-1 PALMBEACHCOUNTY BOARD COUNTY OF COMMISSIONERS AGENDA ITEMSUMMARY

Meeting Date: March6,2012 Department SubmittedBy: COUNTY ATTORNEY

I] tI

Consent Ordinance

txl Regular tI PublicHearing

I. EXECUTIVE BRIEF Motionand Title: Staffrecommends motionto: approveon preliminary readingand advertise public hearingon March20,2012 9:30a.m.: An ordinance theBoard for at of of CountyCommissioners Palm Beach County,Florida,pertaining postingof of to underage drinking providing general signs;providing definitions; for for requirements; providing enforcement; for providing severability; providing repeal lawsin conflict; for for of providing inclusion the Code of Laws and Ordinances; for in providing captions; for providing applicability; providing an effective for and for date. Summary:The Board County of Commissioners PalmBeach of County, Florida, having beenmadeaware thatunderage drinking service alcoholic and is of beverages minors to problem PalmBeachCounty, an increasing in has determined an effective that way to combat problem to makethegeneral this is prohibitions public general aware the of against serviceof alcoholto minorsand the penalties associated with such service. This Ordinance requires posting signs the of withsuchinformation vendors certain by and other dispensers alcoholic of beverages warning the prohibition against and the penalties of associated the saleor provision alcoholic with (LB) of beverages minors.Countywide to Backgroundand Policy lssues: Medical studies and highway statistics noteserious healthrisksand adverse effects associated consumption alcoholic with of beverages by minors.The PalmBeachCounty Substance AbuseAwareness Coalition endorsed has posting the typeof signsrequired thisOrdinance an effective of by as measure generate to awareness and deterrence the provision alcoholic of beverages minors. This of to Ordinance requires dispensers alcoholic of beverages postsignsstating it is illegal to that for minors purchase to alcohol, that it is illegal sell alcohol minors, penalties to the to associated selling with alcohol minors, to and telephone numbers that may be called to report thosewho are in violation the law. of Attachment: Proposed Ordinance

Recommended by:

M/A&^^l-z
CountyAttorney

rlL*|,Date

Approvedby:

n/a Date

II. FISCAL IMPACT ANALYSIS A. FiveYearSummaryof Fiscallmpact: FiscalYears 2012 2013 2014 2015 2016

CapitalExpenditures Operating Costs ExternalRevenues ProgramIncome(County) ln-KindMatch(County) NETFISCAL IMPACT

* pJ o* b,G.")

# ADDITIONAL FTE POSITIONS (Cumulative)_ ls ltem Included GurrentBudget? in BudgetAccountNo.: Fund _ Yes Department_
No

unit

object_

ReportingCategory_ B. C. Recommended sourcesof Funds/summary Fiscallmpact: of Departmental FiscalReview: III. REVIEW COMMENTS A. OFMBFiscal * -Tw&/ ts no or Contract Developmen! ControlComments: and
aJt
,

nqpoLcf oa, -+{r,rs


ll i

.Je*a.

.5
Control

B.

Legal Suffib

#,pr,k
ttorney

Go
;2-a E t,A

IA

L.?'

stantGou

C.

OtherDepartment Review:

Department Director

THISSUMMARY NOTTO BE USEDAS A BASISFORPAYMENT. IS

G:\WPDATA\LANDUSE\LBERGER\Underage Drinking Signs AtS.docx

ORDINANCE NO. 2012. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, PERTAINING TO POSTING OF UNDERAGE DRINKING SIGNS; PROVIDING FOR DEF.INITIONS; PROVIDING FOR GENERAL REQUIREMENTS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CAPTIONS; PROVIDING F.OR APPLICABILITY; AND PROVIDING F'ORAN EFFECTIVE DATE.
WHEREAS, the Board of County Commissionersof Palm Beach County, Florida, finds that underage drinking and service of alcoholic beveragesto minors is an increasing problem in Palm Beach County; and :

2
a J

4 5 6 7 8 9 l0 11 t2
IJ

t4 l5 l6 t7 l8 t9 20 2l 22
z3

WHEREAS, medical studies and highway statistics note serious health risks and adverseeffects associated with consumptionof alcoholic beverages minors; and by WHEREAS, the general public should be informed regarding the law prohibiting serviceof alcoholic beverages minors; and to WHEREAS, the general public should be informed regarding the penalties associated with the sale or provision of alcoholic beverages minors; and to WHERAS, the posting of signs with such information by vendors and certain other dispensers of alcoholic beverages warning of the prohibition against and the penalties associatedwith the sale or provision of alcoholic beveragesto minors will make the public awareof the possible consequences providing alcoholic beverages underageminors; and of to WHEREAS, the Palm Beach County Substance Abuse Awareness Coalition has

24 25 26
)7

endorsedposting of these types of signs as an effective measure to generateawarenessand deterrenceof the provision of alcoholic beverages underageminors; and to WHEREAS, the Board of County Commissionersfinds that it will serve the public health, safety and welfare of the citizens of Palm Beach County to inform the public as to penaltiesassociated with selling alcoholto minors. NOW' THEREFORE' BE IT ORDAINED BY THE PALM BEACH COUNTY

28 29 30 3l 32

BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FI,ORIDA, that:

34 35 36

Section 1. Definitions The following words, phrases,or terms when used in this Ordinance shall, unless the content otherwise indicates, have the meaningsprovided below. No attempt is made to define

I 2
a J

ordinary words which are used in accordancewith their establisheddictionary meaning except when necessary avoid misunderstanding. to a) Alcoholic Beveruge means alcohol, spirits, liquor, wine or beer, regardless of amount, containing more than one percent (1%) alcohol by weight. b) BusinessEstabtishment includes,but is not limited to, any place of businessor any club, organization,person,firm, corporation or partnership,such as: a golf club; country club; veteran's fraternal or benevolent organization; grocery store; drug store; night club; bottle club; bar; tavem; restaurant;grill; filling station; conveniencestore; or any other building, structure or location or portion thereof wherein one person directly or indirectly pays anotherfor the purchaseor dispensingof an alcoholic beverage. c) Conspicaously posted means clearly visible, easily readable and immediateiy apparentupon viewing. d) Dispense meansthe storing, handling, apportionment,preparation,gift, distribution, or serving, directly or indirectly, of any amount of an alcoholic beverageto or for any person by any officer, owner, operator, lessee,or employee of a businessestablishment. For purposes of this definition, permitting or allowing any person to carry alcoholic beverageson the premises of any businessestablishmentto be consumedthereon shall constitute the "dispensing" of such beverages. e) Minor means any individual under the legal drinking age as set forth by Florida Statutes 562.1| and562.111, as may be amended replaced. ss. or f) Person means an individual, person, firm, joint venture, partnership, corporation, estate, trust, business trust, syndicate, fiduciary, association, and all other groups or combinations, g) Sale meansany transfer of an alcoholic beveragefor consideration,or any gift of an alcoholic beverage in connection with or as a part of a transfer of any property or product for consideration. h)

4 5 6 7 8 9 l0 1l 12 l3 14 l5 l6 t7 l8 l9 20 2l 22
z5

24 25 26
)7

Vendorof Alcoholic Beverages means personwho ownsor operates business any a establishment which sells or dispenses alcoholicbeverages consumption or any for on off the premises. Section GeneralRequirements 2.

28 29 30
JI

a)

All persons who own or operate business a establishment PalmBeachCountvwhich in

I 2
J

sells or dispenses alcoholic beverages consumption or off the premisesshall for on conspicuously post a notice within said businessestablishment where alcoholic beverages displayed, are purchased, consumed.Failureto post suchrequired or notice pursuantto the requirements this Section2, shall constitutea violation of this of Ordinance. b) Required noticeshallconsistoneor moresignsor notices, eachof which is not lessthan fifteen square inches(8-Il2"xl1"), with at leasta l4-point type, which contains the

4 5 6

8 9 l0 ll t2 l3 t4 t5 l6 t7 l8 l9 20 21 22

following information, clearlydiscernable persons whom alcoholicbeverages by to may be soldor dispensed: 1. 2. It is unlawfulto purchase alcoholif you areunder21 yearsof age. It is unlawful to sell or dispense alcohol to personsunder21 yearsof age;unless exempt pursuant Sections to 562.11 562.13, or FloridaStatutes. 3. The penaltiesassociated with the sale or dispensing alcoholic of beverages persons to under2l years ageincludeimprisonment county of in jail for a periodof up to 60 daysa fine up to $500,or both. 4A telephone number reportthosewho arein violationof the law. Such to telephone numbers may includebut arenot limited to: a. b. 211, PalmBeachCounty 561-650-6840Officeof AlcoholicBeverages Tobacco. and

Section Enforcement 3. It is unlawful to violate any provisionsof this Ordinance. Such violationsmay be enforcedby all meansavailableat law including but not limited to enforcement proceedings beforePalmBeachCountyCodeEnforcement Special Masters, prosecution violationsin the of

24 25 26 27 28 29 30 31

the name of the Stateof Florida pursuantto the authority grantedby Sec. 125.69, Florida Statutes, may be amended, any otherlawful actionsasarenecessary preventor remedy as or to anyviolationof this Ordinance.
Section 5. Severability If any section, paragraph,sentence, clause,phrase,or word of this Ordinanceis for any reason held by a Court of competentjurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remainderof this ordinance.

I 2 ) 4 5 6

Section Repealof Laws in Conflict 6. All local laws and ordinances conflict with any provisionsof this Ordinance in are hereby repealed the extentof suchconflict. to
Section 7. Inclusion in the Code of [,aws and Ordinances The provisions of this Ordinance shall become and be made a part of the Palm Beach County Code. The sectionsof this Ordinancemay be renumberedor re-letteredto accomplish such, and the word "ordinance" may be changed to "section," "article," or other appropriate

8 9 l0 ll l2 l3 t4 l5 t6 t7 l8 t9 20 2l 22
ZJ

word. Section8. Captions The captions, section headings,and section designationsused in this Ordinance are for convenience only and shall have no effect on the interpretation of the provisions of this Ordinance. Section 9. Anplicability All provisions of this Ordinance shall apply to the unincorporatedareasof Palm Beach County, Florida, and to all municipalities within Palm Beach County that elect to have the provisions of this ordinance apply within their respectivejurisdictions. Section 10. Effective Date The provisions of this Ordinanceshall becomeeffective on

2012.

APPROVED andADOPTEDby the Boardof CountyCommissioners PalmBeachCounty, of Florida, thisthe on


day of

2012.
PALM BEACH COLINTY, FLORIDA,BY ITS BOARD OF COUNTYCOMMISSIONERS By:
Shelley Vana, Chair

SHARONR. BOCK CLERK & COMPTROLLER

24 25 26 27 28 29 30 3l 32
JJ

DeputyClerk

APPROVED TO FORM AS AND LEGAL SUFFICIENCY

)+

35 36
JI

Assistant CountyAttorney Filed with the Department State the of on

38 39

day of

20t2.