Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ENACT Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES; AMENDING SECTIONS 3-1 THROUGH 3-3 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); REPEALING SECTIONS 3-4, 3-21, AND 3-22 OF THE CODE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
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Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners (“Board”) at its meeting of September 17, 2024.
What Action Accomplishes
Allows for the Board’s consideration of the proposed Ordinance.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
At the direction of the Board, the County Attorney’s Office has been preparing for Board consideration a series of Ordinances to amend or repeal outdated or obsolete provisions of the Broward County Code of Ordinances (“Code”).
The proposed Ordinance amends Sections 3-1 through 3-3 of the Code, regarding the hours of operation for establishments selling alcoholic beverages, unlawful alcohol consumption in public places, and possession of an open container, for consistency with current Florida law and the County’s current enforcement practices. Other than revisions to streamline the language, the only substantive changes in the amended provisions are to (1) expressly incorporate the applicable statutory definitions, (2) modify the opening time for affected establishments to be no earlier than 10 a.m. on Sundays (previously no earlier than 12 p.m.); and (3) expressly state the applicable enforcement mechanisms.
The proposed Ordinance repeals Sections 3-4, 3-21, and 3-22 of the Code, regarding patron age restrictions and bottle clubs, which are obsolete and no longer consistent with the County’s current enforcement practices.
A prior version of the Ordinance appeared on a Board agenda earlier this year but was withdrawn for further review, including for staff to conduct community outreach. As a result of that additional review and outreach, the proposed Ordinance (1) retains the existing categories of establishments (i.e., based upon beverage type and floor area) to determine the required closing hour; and (2) modifies the permitted opening times on Sundays as referenced above (from 12 p.m. to 10 a.m.) to be consistent with local practice.
Source of Additional Information
René D. Harrod, Chief Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Per the Office of Management and Budget, the estimated impact on the budget does not exceed the threshold required for a Fiscal Impact Statement.