Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering A Request For An Appeal Of The Termination Of Privilege To Sell, Offer For Sale Or Deliver, Or Permit To Be Consumed On The Premises Any Liquor, Beer Or Wine Beyond 12 Midnight On Any Day Of The Week At Pops Old Time BBQ, Pursuant To Section 113.25 Of The City Of Hollywood Code Of Ordinances.
Body
Staff Recommends: Approval of the attached Resolution.
Explanation:
Section 562.14, Florida Statutes, prohibits the sale of alcoholic beverages between the hours of midnight and 7 a.m. the following day. However, this section permits a municipality to enact an ordinance to allow such sale of alcoholic beverages during these hours.
Section 113.25 (A) of the Hollywood Code of Ordinances allows holders of the requisite state license the privilege to sell alcoholic beverages until 2 a.m. Further, Section 113.25(A) (3) gives the Chief of Police the authority to suspend or terminate such a privilege of selling, offering for sale, delivering or permitting to be consumed upon the premises of such person or vendor any liquor, beer or wine if the Chief of Police determines that any person or vendor is operating in a manner harmful to the public health, safety or welfare based upon the provisions in this section and Section 113.26(B).
Pops Old Time BBQ is located at 2602 N. 22nd Avenue within the City of Hollywood. This establishment currently has an alcoholic beverage license from the State of Florida and its hours of operation include staying open until 2 a.m. Over the past six (6) months, the City's Police Department has been handling an increased amount of law enforcement activities and incidents occurring on or about Pops Old Time BBQ. Due to these activities and incidents, the Chief of Police determined that Pops Old Time BBQ is operating in a manner harmful to the public health, safety and welfare of the residents of the City. On June 13, 2014 a notice was sent to Pops Old Time BBQ advising that its privilege to sell, offer for sale, deliver or permit to be consumed upon the premises of any liquor, beer or wine, regardless of the alcoholic content, had been terminated.
In accordance, with Section 113.25(4), Pops Old Time BBQ has filed a written request for a de novo hearing before the City Commission. At the conclusion of the hearing, the City Commission's determination shall be based upon the criteria set forth in Section 113.26(B), with emphasis on: the amount of law enforcement activities generated by the operation of the establishment, both outside and inside, with particular emphasis on the vandalism, noise, vehicular use by patrons and illegal activity of any kind by employees, patrons or others associated with the establishment; and, the adverse effects, if any, the extended hours of operation or other applicable issues have on neighboring properties, especially with respect to patron activities and effects of noise, parking, exterior lighting on nearby residential properties and the city's economic redevelopment efforts, as evidenced by the attached Exhibits and additional testimony and evidence at time of the hearing.
Additionally, pursuant to Section 113.25, notice of the hearing has been publicly advertised and sent to Pops and to the owners of all properties located within 300 feet of the establishment.
The City Commission may restore, terminate, suspend the privilege or otherwise impose conditions or restrictions on Pop's privilege to sell, offer for sale, deliver or permit to be consumed liquor, beer or wine beyond 12 midnight on any day of the week, in accordance with Section 113.25 (4).
Recommended for inclusion on the agenda by:
Cathy Swanson-Rivenbark, City Manager
Frank G. Fernandez, Chief of Police