Miami-Dade Legislative Item
File Number: 053134
   

File Number: 053134 File Type: Ordinance Status: Adopted
Version: 0 Reference: 05-182 Control:
File Name: POST ALCOHOL WARNING SIGNS PROHIBIT DRINKING 100 FT OF STORE Introduced: 11/7/2005
Requester: NONE Cost: Final Action: 10/18/2005
Agenda Date: 10/18/2005 Agenda Item Number: 7A
Notes: THIS IS FINAL VERSION AS ADOPTED. (also see 052098) 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 [SEE ORIGINAL ITEM UNDER FILE NO. 052098]
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

County Attorney 11/7/2005 Assigned Thomas W. Logue 11/7/2005

Board of County Commissioners 10/18/2005 7A Amended Adopted as amended P
REPORT: Assistant County Attorney Thomas Logue read into the record an amendment to the foregoing proposed ordinance, as proposed by Commissioner Souto. Commissioner Diaz asked to be listed as a Co-sponsor of this ordinance. The Board adopted the foregoing proposed ordinance as amended to provide that in Section 1 of this ordinance, any person(s) in violation of subsections (b)(1) and (b)(2) shall upon conviction of such offense, be penalized 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; and any person(s) in violation of subsections (b)(3) and (b)(4) shall be penalized as follows: first violation will be punishable by a fine of fifty dollars ($50.00); a second violation will be punishable by a fine of one hundred dollars ($100.00); the third and each additional violation 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 (30) days in jail, or both.

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 offense 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 violation of subsection (b) (3) and (b) (4) shall be penalized as follows: a:<< [[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.>>A violation of subsections (b) (1) and (b) (2) shall be penalized as follows: any person 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.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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