Draft Alcohol Ordinance

Ordinance No. 2020-____

An Ordinance Repealing Section 78-109 of the Code of Ordinances of Brevard County, Florida; Prohibiting Glass Containers on Beaches; Providing for Conflicting Provisions; Providing for Severability; Providing for an Effective Date.

WHEREAS, Section 78-109 of the Brevard County Code of Ordinances prohibits the possession or consumption of alcoholic beverages in parks, recreational facilities, or department-managed land except in areas designated and permitted for such purpose; and

WHEREAS, Section 78-109 has created confusion in where alcohol may be lawfully consumed in Brevard County, particularly on beaches; and

WHEREAS, Brevard County is home to highly reputable local businesses which sell alcohol products including, but not limited to, Intracoastal Brewing Company, Bugnutty Brewing Company, Charlie and Jake’s Brewery Grille, Hell n’ Blazes Brewing Company, Dirty Oar Beer Company, Playalinda Brewing Company, Florida Beer Company, Cocoa Beach Brewing Company, and BeachFly Brewing Company; and

WHEREAS, Section 78-109 serves no legitimate purpose; whatever its original intent, it now serves only as a mechanism to institute red-tape and fees which prevent residents and visitors from engaging in otherwise lawful behavior; and

WHEREAS, the Board of County Commissioners of Brevard County, Florida finds that Section 78-109 provides an actual or perceived opportunity for pretextual and/or discriminatory enforcement by the various law enforcement agencies responsible for enforcement now and in the future; and

WHEREAS, the risk of injury to residents and visitors of Brevard County from broken glass on its beaches is of legitimate concern; and

WHEREAS, municipalities within Brevard County remain free to regulate alcohol on beaches and parks within their jurisdictions, including within Brevard County Parks.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, as follows:

SECTION 1.  Recitals.  The foregoing recitals are incorporated by reference into this Ordinance.

SECTION 2.  Repeal.  Section 78-109 of the Brevard County Code of Ordinances is hereby repealed.

SECTION 3.  Prohibition of glass containers on beaches.  It shall be unlawful for any person to be in possession of, or throw, cast, lay, or deposit, glass containers on the beach arks or on the beach.  This provision shall be applicable countywide throughout all of Brevard County, except in municipalities which have adopted an ordinance that directly conflicts with this section.

SECTION 4.  Conflict.  All resolutions, ordinances, and agreements, or parts thereof, that may be determined to be in conflict with this Ordinance are hereby repealed.

SECTION 5.  Severability.  If any section, subsection, sentence, clause or provision of this Ordinance shall be declared invalid, the remainder of this Ordinance shall be construed as not having contained said section, subsection, sentence, clause, or provision and shall not be affected by such holding.

SECTION 6.  Effective Date.  This ordinance shall take effect immediately upon adoption.  A certified copy of this Ordinance shall be filed with the Office of the Secretary of State, State of Florida within ten (10) days of enacted.

DONE, ORDERED, AND ADOPTED this, in regular session this 4th day of August, 2020

BREVARD COUNTY                                                                  ATTEST:

 

 

BY:___________________________                       _________________________

BRYAN ANDREW LOBER, CHAIRMAN                     SCOTT ELLIS, CLERK

(As approved by the Board on August 4, 2020)         

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Brevard County Board of County Commissioners

2725 Judge Fran Jamieson Way Viera, FL 32940,
711 FLORIDA RELAY
(800)-955-8771

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