Ordinance 2007-43
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il! ,~~ 'lSfSI ~ ~ ORDINANCE NO. 2007- 43
~~ \tt\\~~ ~ INANCE OF COLLIER COUNTY, FLORIDA, AMENDING THE
L"L"o, DE ION OF "ALCOHOLIC BEVERAGE" IN SUBSECTION (1) OF
6819 ION ONE IN ORDINANCE NO. 78-56, AND THE DEFINITION OF
"ALCOHOLIC BEVERAGES" IN SUBSECTION A OF SECTION THREE IN
ORDINANCE NO. 87-16, AS AMENDED, WHICH ARE CODIFIED IN
CHAPTER SIX OF THE COUNTY'S CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
THE EFFECTIVE DATE
WHEREAS,' Subsection (1) in SECTION ONE of Ordinance No. 78-56, that is
codified as Subsection 6-1(a)(1) in Chapter SIX of the Collier County Code of
Laws and Ordinances) defines "Alcoholic beverages"; and
WHEREAS, Subsection A in SECTION THREE of Ordinance No. 87-16, as
amended, that is codified as Subsection 6-3(c)(1) in Chapter SIX of the Collier
County Code of Laws and Ordinances), also defines "Alcoholic beverage"; and
WHEREAS, the Sheriff's staff is recommending that these two (2) definitions be
amended to coincide with Section 562.47, Florida Statutes, to thereby provide
that the stated opinion testimony is sufficient evidence to prove violations of
Chapter SIX of Collier County's Code of Laws and Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Subsection (1) in SECTION ONE of Collier County Ordi~nce ~=:;
No. 78-56, that is codified as Subsection 6-1 (a)(1) in Chapter SIX of the COltJer ~:i
County Code of Laws and Ordinances, is hereby amended to read as follows: ..
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(1) "Alcoholic beverages" and the reauisite proof thereof meoms ~
eever-alileG containinlil mor-e than one percent of alGehol by '....eight Whiskey,
moonshine whiskey, shine, rye whisky, bourbon, rum, ain. vodka. scotch~uiia,
brandy. or bv another substantiallv similar name or names. which shall Deprirna
facie evidence that such liauor is intoxicatina and contains more than 4.007
percent of alcohol bv volume; or the beveraae is in a container labeled as "beer,"
"ale," "malt liauor," "malt beveraae," "wine," or "distilled spirits" or is labeled with
any other intoxicatina liauor name and includes the manufacturer's insiania,
name, or trademark, which labelina is prima facie evidence that such is an
alcoholic beveraae; also any individual or individuals who bv experience in his or
her past bv handlina or use of such beveraae or liauor. or who bv taste. smell. or
the drinkina of such beveraae or liauor has knowledae as to the intoxicatina
nature thereof. may testify as to his or her opinion whether such beveraae or
Iiauor is or is not intoxicatina, and a verdict based upon such testimony shall be
valid.
SECTION TWO. Subsection A. IN SECTION THREE of Collier County
Ordinance No. 87-16, as amended, which is codified as Subsection (c)(1) in
Section 6-3 of the Code of Laws and Ordinances, is hereby amended to read as
follows:
A. "Alcoholic beverage~" and the reauisite proof thereof means any liquid
intemlee for human Gensl,lR'll'ltion containing R'ler-e than one percent of alcohol by
weililht all dotermined in aGGer.eanoo with F.S. ~ 5e1.Q1 (1)(13) whiskey,
moonshine whiskey, shine, rye whisky. bourbon, rum, ain, vodka, scotch, teauila,
brandy, or bv another substantiallv similar name or names. which shall be prima
facie evidence that such liauor is intoxicatina and contains more than 4.007
percent of alcohol bv volume: or the beveraae is in a container labeled as "beer,"
"ale," "malt liauor," "malt beveraae." "wine," or "distilled spirits" or is labeled with
any other intoxicatina Iiauor name and includes the manufacturer's insiania,
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Words Underlined are added; Words Struck ThreHgII. are deleted.
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name, or trademark, which labelina is prima facie evidence that such is an
alcoholic beveraae: also any individual or individuals who bv experience in his or
her past bv handlina or use of such beveraae or Iiauor. or who bv taste. smell. or
the drinkina of such beveraae or Iiauor has knowledae as to the intoxicatina
nature thereof. may testify as to his or her opinion whether such beveraae or
Iiauor is or is not intoxicatina. and a verdict based upon such testimony shall be
valid.
SECTION THREE. Conflict and Severability.
The provisions of this Ordinance shall be liberally construed to effectively carry
out its purpose in the interest of public health, safety, welfare andlor
convenience. If any section, phrase, sentence or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed separate, distinct, and an independent provision,
and such holding shall not affect the validity of the remaining portions thereof.
SECTION FOUR. Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The sections of the Ordinance
may be renumbered or relettered to accomplish such, and the word "ordinance"
may be changed to "section," "article," or any other appropriate word.
SECTION FIVE. Effective Date.
This Ordinance shall become effective upon being filed with the Department of
State.
PASSED AND DULY adopted by the Board of County Commissioners of
Collier County, Florida, this 8TH day of Mav ,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~~it~Y;(4 kBY ~
? ~.~~ka..f ~COLETTA, Chairman
s 1\ln4tllrt:~n 1 ,,' 1'1IIII ,
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ApproveCt' asLt~.fOWri and legal sufficiency:
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By: _I O\'IA .'
Thomas C. almer, Assistant County Attorney
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Words Underlined are added; Words Strack Tllnlllgll are deleted.
This ordinance filed with the
~retory of State's Off~ the /1
~ of~ L--CJ::..;;,
and ocknowl.,dgemJ~ p!~ that
filing received this ~ day
Of{AI~ ~ .
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-43
Which was adopted by the Board of County Commissioners
on the 8th day of May, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 9th
day of May, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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Teresa pdJ.aski, ,'; , '.
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Deputy Cr9'i'k
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