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File #: R-2014-249    Version: Name: POPS Hearing on Appeal of Termination Privilege
Type: Resolution Status: Passed
File created: 8/13/2014 In control: Police Department
On agenda: 9/17/2014 Final action: 9/17/2014
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.
Attachments: 1. RESOPopsHearing.pdf, 2. FS 562.14; CITY CODE 113.25-113.26.pdf, 3. POPS CU.pdf, 4. CALLS FOR SVC. JAN-JUN.pdf, 5. INCIDENTS JAN-JUN.pdf, 6. CLARK VIOL. (NTA).pdf, 7. LIEN.pdf
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 se...

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