Ordinance 2007-66
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NOV 2007 ~ ORDINANCE NO. 2007 _ ~
RECHVEll ~/~RDINANCE OF THE COLLIER COUNTY BOARD OF COUNTY
. ..... ~MMISSIONERS AMENDING PROVISIONS OF THE COLLIER
.,<.<\....~"......,.lr;i,\3~~OUNTY CODE OF LAWS AND ORDINANCES, (CODE OF LAWS)
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~-_/ CHAPTER 98, PARKS AND RECREATION, ALSO KNOWN AS
ORDINANCE NO. 76-48, AS AMENDED, PERTAINING TO PARK USE;
PROVIDING FOR ADDITIONAL DEFINITIONS IN ARTICLE III,
SECTION 98-57; ADDING AN EXCEPTION TO SECTION 98-58,
PROHIBITED ACTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE. '-1 . :::;
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WHEREAS, the Registry Resort was sold and the current concession agr~ent~twe:eJi
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the Registry Resort and Collier County needs to be updated with the new owner lfP, the pJ:~peljlr;;
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LeHill Partners, LLC (hereafter "Naples Grande"); and ~.. . ',CJ
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WHEREAS, the new owner, Naples Grande, wishes to enter into a ten (10) year lease with
renewal options for the beach facility at Clam Pass Park; and
WHEREAS, Naples Grande wishes to provide up to Two Hundred Thousand Dollars
($200,000) in capital improvements to the beach facilities at Clam Pass Park; and
WHEREAS, as the part of the operation of the beach facilities, Naples Grande would like to
serve alcoholic beverages, at the beach facilities at Clam Pass Park; and
WHEREAS, current Collier County Ordinance prohibits the carrying, possession of
drinking of any alcoholic beverage in any park with the exception of the Golden Gate Community
Center; and
WHEREAS, this existing exception allows the possession and consumption, as well as the
sale of alcoholic beverages at the Golden Gate Community Center; and
WHEREAS, this amendment would provide an additional limited exception to the
prohibition against carrying, possession or drinking of any alcoholic beverage in any public park.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: DEFINITIONS.
Ordinance No. 76-48, as amended, also known as Section 98-57(b), Collier County Code of
Laws and Ordinances is hereby amended to add the following definitions:
ill Deoartment means the Collier County Parks and Recreation Department.
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Words sEmsk tl!rElllgl! are deleted; words underlined are added.
ill Director means the director of the Collier County Parks and Recreation Department.
SECTION TWO: Ordinance No. 76-48, as amended, also known as Chapter 98, Article III,
Section 98-58, Collier County Code of Laws and Ordinances is hereby amended to add the
following:
Section 98-58 Prohibited Acts:
(10) Carry, possess, or drink any alcoholic beverage in any park except as provided in the
exemption set forth in subsection (b) of this section or except at such times and in such manner as
then not prohibited by law and to the extent expressly authorized in advance and in writing by
permit issued by the director of the Department in strict adherence with policy rules of the
Department approved by resolution of the Board of County Commissioners.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the eyent this Ordinance conflicts with any ordinance of an applicable Municipal
Corporation or of Collier County, or with any superseding statutory provision, the more restrictive
shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FOUR: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES.
The provision of this Ordinance shall become and be made a part of thc Code of Laws and
Ordinances of Collier County, Florida. Provisions of this Ordinance may be renumbered or
relettered to accomplish same, including the word "ordinance" may be changed to "section",
"subsection", "article", or other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
Count y,Florida, this :2"3 day of Oc...i-obe.-- ,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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By: Clu.,u ~_O(.
Attest. II to Df.m ~ ~lerk
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By:
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This ordinance filed wllh me.
Secretory of State's Offiel! HI@
...1ft!l'day of rr~, ~_
and acknowledgement of tho!
Words strllck tl!rollgl! are deleted; words underlined are added. filing received this ~ dt:l\ol
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By~ ;vI4,.
[)ep\Jty C k
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Approved as to form and
Legal sufficiency:
a~~
R bert N. aChary
Assistant County Attorney
CP\07 -PKR-OO I OO\Ord\NaplesGrande
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Words stmsk tl!fElllgl! are deleted; words underlined are added.
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 2007-66
Which was adopted by the Board of County Commissioners
on the 23rd day of October, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th
day of October, 2007,
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Bo,a,!\"tdl:;Q:e "
Cou ty Commiss.;[b,her"S' /('/:_
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By: Martha
Deputy
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