Miami-Dade Legislative Item
File Number: 052098
Printable PDF Format Download Adobe Reader  

File Number: 052098 File Type: Ordinance Status: Before the Board
Version: 0 Reference: Control: County Commission
File Name: POST ALCOHOL WARNING SIGNS PROHIBIT DRINKING 100 FT OF STORE Introduced: 7/27/2005
Requester: NONE Cost: Final Action:
Agenda Date: 10/18/2005 Agenda Item Number: 7A
Notes: SEE 053134 FOR FINAL VERSION AS ADOPTED Title: ORDINANCE AMENDING THE PENALTY PROVISION OF SECTION 21-31.2 OF THE MIAMI-DADE COUNTY CODE WHICH REQUIRES CERTAIN STORES TO POST ALCOHOL WARNING SIGNS AND PROHIBITS THE DRINKING OF ALCOHOLIC BEVERAGES OR POSSESSION OF OPEN CONTAINERS WITHIN 100 FEET OF LOCATIONS INCLUDING AMONG OTHER THINGS PACKAGE STORES AND RELIGIOUS PROPERTIES; PROVIDING, SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: ALCOHOL
Sponsors: Sen. Javier D. Souto, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 10/18/2005 7A Amended
REPORT: (See Agebda Item 7A; Legislative File No. 053134.)

Community Outreach, Safety & Healthcare Admin Cmte 9/14/2005 2G Forwarded to BCC with a favorable recommendation P

Board of County Commissioners 8/23/2005 Scheduled for a public hearing Community Outreach, Safety & Healthcare Admin Cmte 9/14/2005

Board of County Commissioners 8/23/2005 4J Adopted on first reading 9/14/2005 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Community Outreach, Safety and Healthcare Administration Committee on September 14, 2005 at 2:00 p.m.

County Attorney 7/27/2005 Assigned Community Outreach, Safety & Healthcare Admin Cmte 9/14/2005

County Attorney 7/27/2005 Assigned Thomas W. Logue

Legislative Text


TITLE
ORDINANCE AMENDING THE PENALTY PROVISION OF SECTION 21-31.2 OF THE MIAMI-DADE COUNTY CODE WHICH REQUIRES CERTAIN STORES TO POST ALCOHOL WARNING SIGNS AND PROHIBITS THE DRINKING OF ALCOHOLIC BEVERAGES OR POSSESSION OF OPEN CONTAINERS WITHIN 100 FEET OF LOCATIONS INCLUDING AMONG OTHER THINGS PACKAGE STORES AND RELIGIOUS PROPERTIES; PROVIDING, SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
WHEREAS, the current penalty provisions provide for penalties for a first offence of $50 and a second offense of $100 and the Courts have indicated that they will not enforce such penalties because they believe they are civil infractions; and
WHEREAS, Section 21-31.3 of the Miami-Dade County Code has a similar sign provision with a penalty of $500 or sixty days in jail; and
WHEREAS, it is important that the provisions for drinking in public have a criminal penalty so that such conduct remains an arrestable offense so that it can be enforced by the police department,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Section 21-31.2 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 21-31.2. Sec. 21-31.2. Consumption or possession of alcohol in open containers near store selling alcoholic beverages, religious property, and other locations. Signs required in such stores.

* * *

(d) Penalties. [[A first violation of this section will be punishable by a fine of fifty dollars ($50.00); a second violation of this ordinance will be punishable by a fine of one hundred dollars ($100.00); the third and each additional violation of this section will be punishable by a fine not less than one hundred fifty dollars ($150.00) or greater than three hundred dollars ($300.00), or by imprisonment not less than ten (10) days or greater than thirty (30) days in jail, or both.]]>>Any person violating any of the provisions of this section shall, upon conviction of such offense, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days in the County Jail, or both, in the discretion of the court.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site 2014 Miami-Dade County.
All rights reserved.