Submitted By: Tye Chighizola
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-83 to allow a Downtown Event Zone with regulations consistent with House Bill 1429 adopted in the 2022 Florida Legislative Session
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
The Division of Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation of the manufacturing, packaging, distribution, and sale of alcoholic beverages within the state. The Ocala Code of Ordinances, Chapter 6, addresses the City’s role in regulating the sale of alcoholic beverages for on and off premise consumption.
Current code, Section 6-7, provides for City Council to approve by resolution temporary alcoholic beverage permits for consumption or possession in public places during special events. The resolution specifies the non-profit entity organizing the special event, the days and times, the geographic event area, and a map identifying any necessary street closures. Temporary alcoholic beverage permits for such events are also required to be obtained from DBPR. City staff signs the application to DBPR after City Council approves the resolution. The City and DBPR require that a uniform, identifiable beverage cup be used to ensure that consumption is contained within the designated area. Many such events have been approved by the City and DBPR over the years, mainly in the Downtown.
During the planning of these events, staff heard from alcohol businesses in the Downtown that they would like the ability to participate. That has not been possible under state statutes as only one alcohol permit can be issued for a designated geographic area. Non-profits have also expressed interest in the alcohol businesses participating so that the non-profit does not have to pull the DBPR permit and staff sales tents. In pursuing this end result, City staff learned that pursuing a local legislative bill could allow such permitting.
City staff worked with our legislative delegation beginning in the fall of 2021 to create a bill that would allow for alcohol sales by merchants inside a designated zone for special events like the Fine Arts for Ocala (F.A.F.O.) Art Show. House Bill 1429 passed the House on March 2, 2022, and subsequently passed the Senate on March 10, 2022.
The bill creates a special zone in the city known as the downtown event zone and establishes the maximum boundaries of the event zone. The bill creates an exception to chapter 561 of the Florida Statutes and requires DBPR to issue a special permit to vendors located within the event zone that are licensed to sell alcoholic beverages to patrons for consumption on the licensed premises, to sell beverages to patrons for consumption off the licensed premises, but still within the event zone as defined by the City of Ocala Code of Ordinances.
FINDINGS AND CONCLUSIONS:
Under the current ordinance, a non-profit, like F.A.F.O., would be required to get approval from City Council and DBPR to purchase and sell alcohol for a limited event (less than three days). Many non-profits found it difficult to be the party purchasing and selling alcohol. The non-profit would often compete with the downtown merchants selling alcohol. Plus, the downtown merchants would have to ensure that alcoholic beverages were not brought into their business or leave the business. Allowing that to occur could result in the downtown merchant being in violation of its state permit.
Special events held in compliance with the bill will operate very much like all other events that have been granted temporary alcohol permits by the City and DBPR. Special event organizers will petition City Council for approval of a resolution closing certain streets on certain day(s) and allowing for the consumption of alcohol within a defined event zone. No event may exceed three days just like in existing City code. Uniform, identifiable event beverage cups are required to be used. The only difference is that issuance of the temporary alcohol permit is not restricted to non-profit organizations. Alcohol businesses within the defined event zone that wish to participate will need to opt-in and be identified in the City Council resolution. Those businesses will need to seek a special permit from DBPR for the event.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance is pending review by the City Attorney, Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2022-83
AN ORDINANCE OF THE CITY OF OCALA, FLORIDA, CONCERNING ALCOHOLIC BEVERAGES; ADDING SECTION 6-9 PROVIDING FOR REGULATIONS ESTABLISHING A DOWNTOWN EVENT ZONE TO ALLOW ON-PREMISES LICENSED VENDORS IN THE EVENT ZONE TO SELL ALCOHOL FOR CONSUMPTION OFF-PREMISES DURING SPECIAL EVENTS IN THE EVENT ZONE SUBJECT TO APPROVAL BY THE OCALA CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the city started working with our legislative delegation in the fall of 2021 to create a bill that would allow for alcohol sales for consumption by on-premises licensed vendors inside a designated zone in downtown Ocala for special events; and
WHEREAS, House Bill 1429 passed the House on March 2, 2022, and subsequently passed the Senate on March 10, 2022, establishing a designated zone in the city known as the Downtown Ocala Event Zone; and
WHEREAS, the governor of the State of Florida signed House Bill 1429 into law on May 18, 2022; and
WHEREAS, the city shall establish regulations in the code of ordinances to implement House Bill 1429.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Ocala, Florida as follows:
Section 1. That Section 6-9 of the Code of Ordinances, City of Ocala, Florida, is hereby added to read as follows:
Sec. 6-9. Downtown event zone.
(a) This section shall be known as the downtown event zone ordinance.
(b) The area of the downtown event zone is described as follows: Commencing at the intersection of the centerline of NW 2nd Avenue and NW 1st Street; thence east along the center line of NW 1st Street and NE 1st Street to the center line of NE Watula Avenue; thence south along the center line of NE Watula Avenue and SE Watula Avenue to the center line of SE 5th Street; thence west along the center line of SE 5th Street to the center line of SE Osceola Avenue; thence north along the center line of SE Osceola Avenue to the center line of SE 3rd Street; thence west along the center line of SE 3rd Street and SW 3rd Street to the center line of SW 2nd Avenue; thence north along the center line of SW 2nd Avenue and NW 2nd Avenue to the point of beginning.
(c) Notwithstanding chapter 561, Florida Statutes, the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation (DBPR) shall issue special permits to on-premises licensed vendors located within the downtown event zone subject to the criteria set forth herein. In order to be eligible for such special permit, City Council must first adopt a resolution approving such special event and street closure during an advertised public hearing, finding that the following criteria have been satisfied by an applicant or vendor and including the information set forth in subsection (3), below:
(1) Special events allowed under Section 6-9 shall only include alcohol sales by on-premises licensed vendors located within the downtown event zone. If participating in a special event and approved by City Council, the on-premises licensed vendor is allowed to sell alcohol for consumption anywhere in the event zone. All participating license vendors will be required to get a special permit from DBPR for each event. Non-participating licensed vendors in the event zone can only sell alcohol for consumption on-premises during the event.
(2) Special events shall include security and incident plans approved by the Chief of Police.
(3) Special events shall include a resolution approved by City Council after a public hearing at least one week prior to the event. The resolution shall include the following:
a. Type/name of the special event
b. The area within the downtown event zone being used for the special event
c. Time, date, and duration of the special event
d. A layout/map of the event area as an exhibit to the resolution
e. List of all on-premises licensed vendors in the downtown event zone who will be participating in the special event
f. List of all on-premises licensed vendors in the downtown event zone who will not be participating in the event
g. All street closures and detours
h. The number of police officers and security working an event
i. The type and color of open containers being used by the special event
(4) All special event permits allowed under Section 6-9 shall not exceed 12 outdoor events per calendar year. Each event is valid only for the duration approved by City Council.
(d) The special permits authorized by this section shall be granted in addition to any other temporary permits authorized pursuant to chapter 561, Florida Statutes.
(e) Licensed vendors shall comply with all other requirements of chapter 561, Florida Statutes while conducting business pursuant to special permits authorized by this section.
Section 2. Severability Clause: Should any provision or section of this ordinance be held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. This ordinance shall take effect upon approval by the Mayor or becoming law without such approval.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Ire Bethea Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2022.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
Robert W. Batsel, Jr.
City Attorney
Ordinance No: 2022-83
Introduced: 8/16/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.