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O-2016-33 CITY OF CLERMONT ORDINANCE No. 2016-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 54, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES; CREATING ARTICLE IV, DOWNTOWN AND WATERFRONT ENTERTAINMENT DISTRICT; AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES; PROVIDING FOR SEVERABILITY CONFLICT,O CT, CODIFICATION, AND EFFECTIVE DATE. WHEREAS, the Downtown Clermont Redevelopment Agency's Redevelopment Plan encourages economic development opportunities, and WHEREAS, a designated Entertainment Distnct would encourage downtown and waterfront growth, foster community cooperation, and encourage mutually sponsored events among the downtown merchants, and WHEREAS, the Downtown and Waterfront economic vitality would benefit from the establishment of this Entertainment Distnct, and WHEREAS, the Clermont Histonc Downtown is located along a navigable waterway, Lake Minneola, providing over two miles of waterfront enjoyment, and WHEREAS, the City of Clermont has determined that the proposed revisions are consistent with the City's Comprehensive Plan and in accordance with protecting the health, safety and welfare of the community, NOW, THEREFORE, be it resolved and enacted by the City Council of the City of Clermont, Lake County, Flonda Section 1. That the City of Clermont Code of Ordinances be amended by creating Article IV of Chapter 54 as follows Chapter 54 Article IV: Downtown & Waterfront Entertainment District Section 54-110 Purpose The purpose of this Article is to encourage the location of entertainment, retail and restaurant uses within a limited defined area of the City hereafter referred to as the Downtown and Waterfront Entertainment Distnct The regulations within this Article create an opportunity to offer a vanety of amenities to the public in a convenient physical location which will promote pedestrian use with an attendant decrease in vehicular traffic, provide for more efficient and 1 CITY OF CLERMONT ORDINANCE No. 2016-33 effective public safety enforcement in a defined area, foster a mutual relationship among downtown merchants and property owners, and encourage private development of entertainment facilities which enhanceand a d complement the use of the public facilities Section 54-111 District Boundaries The Downtown and Waterfront Entertainment District shall mean an area depicted in `Exhibit A' of this Ordinance, and generally described as Lake Ave shall be the eastern boundary, Desoto St the south boundary, West Ave the west boundary and include Minneola Ave to Victory Way north to the Clermont Trail, then east to West Ave , to the northern boundary being the shore of Lake Minneola, and back to Lake Ave It shall also include those properties directly adjacent to the described district boundaries for the purposes of uses described herein Section 54-112 Outside Consumption in the Entertainment District Within the Downtown and Waterfront Entertainment Distnct, the following shall apply (a) For the purpose of this section and the on-sidewalkossession/consumption of p alcoholic beverages as authorized herein, alcoholic beverages shall be defined as beer and wine beverages and shall specifically not include liquor or distilled beverages (b) On-sidewalk Possession/Consumption Hours On-sidewalk possession/consumption of any alcoholic beverage dispensed or sold by an establishment licensed to sell alcoholic beverages is authorized Sunday through Saturday between the hours of loam to 11 pm Extended hours for City or City-sponsored events may be granted with prior approval by the City Council, not to exceed Chapter 6 Alcoholic beverages, Section 6-2 Hours of Sale (c) On-sidewalk Drink Limit Any establishment licensed to dispense or sell alcoholic beverages by the drink for consumption on the premises is authorized to dispense an alcoholic beverage in a container for removal from the premises, provided, however, that no establishment shall dispense to any person more than two such alcoholic beverages at a time for removal from the premises, and no person shall remove at one time more than two such alcoholic beverages from the licensed premises (d) Location of Outside Open Alcoholic Beverage Containers 1 Alcoholic beverages dispensed or sold for outside consumption must be consumed within the Entertainment District 2 CITY OF CLERMONT ORDINANCE No. 2016-33 2 Sidewalks shall be accessible in accordance with City Codes and the Americans with Disabilities Act (ADA) Patrons and building owners or tenants shall not block the sidewalk, in accordance with Chapter 122, Division 12, CBD Central Business District, Section 122-243, Permitted Uses, (d) Sidewalk Use 3 During a City approved event when streets are closed, alcoholic beverages in open containers may continue to be consumed away from the dispensing establishment (e) Size Limited to 20 Fluid Ounces No person shall hold in possession on the streets and sidewalks, in parks and squares, or in other public places within the defined Downtown and Waterfront Entertainment District, any open alcoholic beverage container which exceeds 20 fluid ounces in size, and which is not in a container as approved by the City Manager or his designee (0 Drinking from a Bottle or Glass Container is Prohibited It shall be unlawful for any person to dnnk any alcoholic beverage from a bottle or glass container, or to possess in an open bottle or glass container any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private, except as authorized and approved as outdoor dining (g) Special Event permits shall be required for activities in the Downtown & Waterfront Entertainment Distnct as required and approved by the City Open container use may be approved separately for those events which may, or may not require containers as approved by the City Manager or his designee (h) City buildings are excluded from the Entertainment District alcoholic beverage use unless approved by the City Manager or City Council through a Special Events Permit Section 54-113 Hours for Music and Entertainment. Music, singing and other forms of entertainment, whether amplified or not, shall be permitted indoors at any time during business hours of any facility or business enterprise within the district, however, such outdoor music, singing and entertainment shall be in compliance with Chapter 34, Environment, Article II Noise, and Article III Nuisances 3 CITY OF CLERMONT ORDINANCE No. 2016-33 Section 54-114 Games, Sporting Events and Entertainment Games, sporting events, artistic performances, farmer's markets and other such forms of organized entertainment and community events are encouraged and allowed within the Downtown and Waterfront Entertainment District, subject to compliance with all applicable health and safety regulations and approved through the permitting process Section 54-115 Temporary Street Closures Authonzed temporary street closures in the district area will be limited to City events, City sponsored events, or City approved events, as authorized by the City Council or the City Manager Section 2. That the City of Clermont Code of Ordinances, Chapter 6, Section 6-3 Drinking in Public, be amended as follows Chapter 6 Alcoholic Beverages Section 6-3. - Consumption or Possession Upon Public Property; Penalty (a) Generally It shall be unlawful for any person to consume any alcoholic beverage, including beer and wine, upon any City owned parks and beaches, City property or street, alley or sidewalk of the City, except as provided for in Article IV, Downtown & Waterfront Entertainment Distnct This Section 6-3 (a) shall not apply to any City owned property which is subject to a management contract, or sidewalk cafés For those properties, alcohol consumption shall be governed by rules established jointly by the managing entity and the City Manager Further, this Section shall not apply to those portions of the above named properties included within the boundaries established by the City Council for a special event for which permission to consume alcoholic beverages is given in conjunction with the permission for the event In addition, the City Council shall have the right to limit the type of alcoholic beverage to be consumed when granting any such permit 4 CITY OF CLERMONT ORDINANCE No. 2016-33 (b) Carrying Open Containers It shall be unlawful for any person to carry an opened bottle, can, or other container containing an alcoholic beverage, including beer and wine, upon any City parks, City beaches, City property or street, alley or sidewalk of the City, except as provided for in Article IV, Downtown & Waterfront Entertainment District as descnbed in Section 6-3 (c) Further, this Section (b) shall not apply to those portions of the above named properties included within the boundanes established by the City Council for a special event for which permission to carry open containers of alcoholic beverages is given in conjunction with the permission for the event, or sidewalk cafés In addition, the City Council shall have the nght to limit the type of alcoholic beverage to be consumed when granting any such permit In no event will consumption occur directly from glass containers (c) Downtown and Waterfront Entertainment Distnct Open containers for alcoholic beverages may be permitted within the Downtown and Waterfront Entertainment Distnct as descnbed in Chapter 54, Article IV Downtown and Waterfront Entertainment Distnct of this Code (d) Permits, Procedure Notwithstanding Subsections (a) and (b) of this Section, permits for the consumption of alcoholic beverages in parks and recreation areas may be obtained by application to the City Manager or the City Manager's designee in accordance with the following procedure (1) A person seeking issuance of a permit shall file an application stating the following a The name, address and age of the applicant b The name and address of the person or association sponsoring the activity, if any c The day and hours for which the permit is desired d The park or portion thereof for which the permit is desired e Any other information reasonably necessary to a determination as to whether a permit should be issued f Variances required from park rules 5 CITY OF CLERMONT ORDINANCE No. 2016-33 (2) A use permit shall issue if the City Manager determines a The proposed activity or use of the park will not unreasonably interfere with or detract from the general public's enjoyment of the park b The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation c The proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct d The proposed activity will not entail extraordinary or burdensome expense or police operation by the City e The facilities desired have not been reserved for other use on the date and hour requested in the application (e) Appeal Within ten days after the receipt of an application the City Manager shall inform an applicant in writing of the City Manager's decision to grant or deny a permit For denial, the notification shall include the reason for the denial Any person denied a permit shall have the right to appeal to the City Council by serving written notice thereof on the City Clerk within five working days of such refusal A copy of the notice of appeal, the application, and the reasons for the City Manager's refusal shall immediately be forwarded by the City Clerk to the City Council (0 The City Council shall rule on the appeal within ten days from the receipt of the appeal by the City Clerk or at its first meeting after the appeal, whichever is later The decision of the City Council shall be final The appeal to the City Council shall be de novo (g) Compliance with Park Rules A permittee shall be bound by all park rules and all applicable ordinances fully as though such were inserted in such permits (h) Insurance Requirements An applicant for a permit shall be required to submit evidence of liability insurance in the amount of$1,000,000 00 covering injuries to members of the general public arising out of such permitted activities 6 s+ CITY OF CLERMONT ORDINANCE No. 2016-33 (i) Revocation The City Council shall have the authonty to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown (1) Penalties A violation of this section shall constitute a second degree misdemeanor and shall be punishable in accordance with state statutes prescnbing punishment for a second degree misdemeanor as of the date of the infraction SECTION 3 Conflict All Ordinances or parts of Ordinances, all City Code Sections or parts of City Code Sections, and all Resolutions or parts of Resolutions in conflict with this Ordinance are hereby repealed to the extent of such conflict SECTION 4 Severability Should any provision of this Ordinance be declared by a court of competent Junsdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part declared to be invalid SECTION 5 Codification The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code The codifier is authonzed to make editonal changes not effecting the substance of this Ordinance by the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such editonal license SECTION 6 Effective Date This Ordinance shall be effective upon final adoption 7 CITY OF CLERMONT ORDINANCE No. 2016-33 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Flonda on this 23rd day of August, 2016 , ,""" _ CITY OF CLERMONT r Gil L As 7 Mayor -ATTEST Ariat Tracy Ac oyd H•we, City Clerk Approv-: as to form and legality Dam .n'tzars, City Attorney Exhibit "A" 1 lirlJ�i 110 II\ + , W v. r 3A /3 } mIN asa J 0 0 c).\"-\\.,,,, e- , g , 1- 0 2 0 d �' J C, 0 m " i.tI wtx0 Jt4 I . ! {. 3 3 1S ON033S ,y 1- � �� 1 S aN033S 0. 1C0 Q j um a NI go N"\\*), `� •� 7x, . 0 . 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