§ 6-3. Drinking in public.
(a)
General prohibition. It shall be unlawful for any person to possess any open container of alcoholic beverage or to consume any alcoholic beverage on the streets, sidewalks or thoroughfares, or on any public property, including, but not limited to, any public building, facility, park, playground, recreational facility, right-of-way, parking lot, and any other property owned or controlled by the City of Port Orange, unless expressly permitted in compliance with provisions of this section. This prohibition shall not apply to and no permit shall be required for possession or consumption of an alcoholic beverage at the following properties:
(1)
The municipal golf course;
(2)
The premises located at Riverside Pavilion and legally described in a lease agreement between the city and an organization which is incorporated and active as a corporation not for profit pursuant to F.S. ch. 617;
(3)
The Palmer College of Chiropractic, Florida campus located on City Center Parkway as described in that certain referenced lease agreement recorded in Official Records Book 4944 at Page 1791 of the Public Records of Volusia County, Florida; and
(4)
Upon any public property in the city utilized for functions held by the city, Florida League of Cities, Volusia League of Cities, Volusia Council of Governments or other governmental entities.
(b)
Definitions. For the purposes of this section, the following words, terms and phrases shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
Alcoholic beverage means any beverage which contains more than one percent of alcohol by weight.
Beverage law means the laws and regulations of the State of Florida concerning alcoholic beverages, consisting of F.S. chs. 561—565, 567, and 568, as amended, and the Florida administrative regulations implementing the statutes, as amended.
Private social event means any event held by an individual or organization on property owned or controlled by the city at which the general public is not invited to attend. This includes, but is not limited to, the following types of events: dinners, dances, weddings, banquets and receptions.
Public social event means any event held by an organization or group of organizations on property owned or controlled by the city at which the general public is invited to attend.
(c)
Permit application.
(1)
Private social event. An application to hold a private social event at which any alcoholic beverage is to be consumed or possessed shall be made in writing to the director of parks and recreation, or the director's designee, using such form and including such information as deemed necessary to determine compliance with the requirements of this section and the beverage laws. The application shall be submitted at least 60 calendar days before the event commences to allow for sufficient staff review. At a minimum, the application shall include the following:
a.
The applicant's name, proposed location and description of the event, and days and hours proposed.
b.
Method of dispensation, size of containers in which alcohol will be dispensed, and measures taken by the applicant to prevent underage alcohol consumption and prevent excessive alcohol consumption.
c.
Executed indemnification and hold harmless agreement on form provided by city.
d.
The alcohol permit fee as established by resolution of the city council.
(2)
Public social event. An application to hold a public social event at which any alcoholic beverage is to be sold, consumed or possessed shall be made in writing to the director of parks and recreation, or director's designee, using such form and including such information as deemed necessary to determine compliance with the requirements of this section. The application shall be submitted at least 60 calendar days before the event commences to allow for sufficient staff review. At a minimum, the application shall include the following:
a.
The applicant's name, proposed location and description of the event, and days and hours proposed.
b.
A site plan specifying the location and contour of the event area, pedestrian access, the number and location of merchant display areas designated, barricades, special signage and other devices necessary to maintain public safety, and indicating traffic and parking patterns.
c.
Outline of alcohol dispensing plan detailing the number of dispensing stations, method of dispensation, size of containers in which alcohol will be dispensed, cost per unit of alcohol dispensed, times at which alcohol will be dispensed, and measures taken by the applicant to prevent underage alcohol consumption and prevent excessive alcohol consumption.
d.
The alcohol permit fee as established by resolution of the city council.
(d)
Application review criteria. The director of parks and recreation, or the director's designee, shall review the application submitted for completeness. The director of parks and recreation, or the director's designee, is hereby authorized to reject any application, which is not complete, or which is not received by the specified deadline, or which is not accompanied by the requisite permit fee. All applications shall be subject to facility availability and shall be processed on a first come, first served basis. Completed applications for alcohol permits shall be reviewed to determine the anticipated impact on public health, safety or welfare and for compliance with this section and the beverage laws. An application may be denied if it is determined that any of the following are true:
(1)
The proposed event cannot be conducted in such a manner as to ensure the public health, safety or welfare consistent with the provisions of this section, or the event could be conducted in such manner as to ensure public health, safety or welfare only with certain conditions attached and the applicant refuses to accept such conditions as conditions of a permit.
(2)
The applicant previously failed to clean up the site of the proposed special event, other property owned by the applicant, or properties adjacent to such site or such other property, of garbage, waste, trash or debris associated with a previous special event, and at the time of application such conditions have been remedied by the city, but the applicant has failed to fully reimburse the city for the costs of such remedy.
(3)
The applicant has previously violated this section or had an alcohol permit revoked within the last five years.
(e)
Application review process. A completed application shall be processed as follows: The director of parks and recreation, or the director's designee, shall ensure that the application is reviewed by all affected city departments. The director of parks and recreation may approve or deny such application, or may attach such conditions to an approval based on the review criteria set forth herein. Appeals from the decision of director of parks and recreation, or the director's designee, shall be made to the city manager. The city manager's determination whether to grant or deny an application for a local special event shall be final.
(f)
Permit conditions.
(1)
Every alcohol permit issued pursuant to this section shall contain the following conditions:
a.
The permit holder shall comply with all applicable city ordinances.
b.
The permit holder shall be responsible for compliance with all other applicable federal, state and local rules, regulations, codes and ordinances, and specifically the beverage laws.
c.
The permit holder shall provide proof of insurance and maintain said insurance in an amount deemed necessary by the risk manager to protect the city against potential liability, if applicable, prior to commencing the event.
(2)
Every alcohol permit for a public social event pursuant to this section shall include the following conditions as additional conditions which shall be met prior to commencing the event:
a.
The permit holder shall provide proof of a one-, two- or three-day alcoholic beverages permit issued by the Florida Department of Business and Professional Regulation, Division of Alcohol Beverages and Tobacco in accordance with the beverage laws.
b.
The permit holder shall execute a temporary license agreement which includes indemnity and hold harmless provisions on a form provided by the city.
c.
The permit holder shall submit all marketing and advertising materials promoting alcohol sales on city property to the director of parks and recreation for review and approval prior to distribution.
(3)
The director of parks and recreation shall have the authority to impose additional condition(s) on any alcohol permit issued pursuant to this section if deemed necessary to ensure the public health, safety or welfare.
(g)
Permit revocation. An alcohol permit may be revoked if determined by the director of parks and recreation that any of the following violations have occurred:
(1)
One or more city ordinance violations, state law violations, or beverage law violations have taken place during the event.
(2)
The director of parks and recreation has determined that an intervening public health, safety or welfare issue has occurred that requires the permit to be revoked.
(3)
The permit holder has failed to comply with one or more permit conditions.
Once a permit has been revoked, the permit holder shall immediately discontinue the sale, consumption or possession of alcohol, and shall not reconvene without the express written authorization of the director of parks and recreation.
(Code 1981, § 4-3; Ord. No. 1992-16, § 1, 6-23-92; Ord. No. 1993-44, § 1, 10-12-93; Ord. No. 1997-9, § 1, 4-1-97; Ord. No. 2003-26, § 1, 7-15, 2003; Ord. No. 2006-37, § 1, 9-26-06; Ord. No. E2010-1, § 1, 1-26-10; Ord. No. 2010-36, § 1, 1-18-11; Ord. No. 2015-6 , § 1, 5-5-2015)