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Ordinance 88-007ORDINANCE NO. 88- 7 ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 76-48, (AS AMENDED HY COUNTY ORDINANCE NO. 81-3) BY AMENDING SECTION THREE PROHIBITED ACTS TO PROVIDE AN EXEMPTION TO PERMIT THE SALE, CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES IN THE GOLDEN GATE COMMUNITY CENTER UNDER CERTAIN CONDITIONS; SETTING FORTH CONDITIONS FOR THE SALE, CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES AT THE GOLDEN GATE COMMUNITY CENTER; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ~,~, the Board of County Commissioners of Collier F~orida, enacted Ordinance No. 75-4 which created the Golden Gate Municipal Services Taxing District (MSTD) and which provided the authority to finance, operate and maintain the Golden Gate Community Center; and WHEREAS, in addition to MSTD taxes, the Golden Gate Conxnunity Center has derived a portion of its operating income from the annual rental of the facilities for special functions that include the consumption of alcoholic beverages; and WHEREAS, the Golden Gate Con~unity Center is one of the few facilities in Golden Gate where large special functions can be accommodated; and ~, alcoholic beverages have been served at the Golden Gate Community Center for numerous past years; and WHEREAS, the Golden Gate Advisory Committee has recommended to the Board of County Commissioners that the serving of alcoholic beverages be allowed to continue at the Golden}~ate~ Community Center; and:r.~}:.': ~ "~ WHEREAS, the Board of Co~ty C~issioners de~ i~.~. ~ ,~ appropriate and in the best interest of the County and citizens to pe~it the sale, ~ssession and cons~ptionE~ alcoholic beverages within the Golden Gate Co,unity Center for various occasions and functions; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUntrY COMI4ISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Section Three of Ordinance No. 76-48 as amended by Ordinance No. 81-3 is hereby amended to read as follows: 1 (Words st=mek-threuqh are deleted; words underlined are added. Section Thr~e~ Prohibited Acts. {1~ No person shall, within County Park boundaries: A. Disobey the lawful and reasonable order of a police officer or county park employee in the discharge of his duties or disobey or disregard the notices, prohibitions, instruction or direction on any park signs, including rules and regulations posted on the grounds or buildings in said parks. B. Willfully, mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving, or paving material, water line or other public utility or parts appurtenant thereof, signs, notices or placard whether temporary or permanent, m~numents, stakes, posts, or other boundary markers or other structures or equipment, facilities or park property or purtenances whatsoever, either real or personal. C. Interfere with, encumber, obstruct or render dangerous any part of the park. D. Climb or lie upon any walls, fence, shelter, seat, statue, monument, or any other structure. E. Cut, break, inure, disturb, sever from the ground or removu any growing thing, including but not limited to, any plant, flower, flower bed, shrub, tree, growth or any branch, item, fruit or leaf thereof~ or bring into or have in his possession in any county park any tool or instrument intended to be used for the cutting thereof, or any garden or agricultural implements or tools which could be used for the removal thereof~ or pile or maintain any material or debris of any kind against or upon the same or attach any rope, cable or other contrivance thereto~ or set fire to any trees, shrubs, plants, flowers, grass, plant growth or living timber, or suffer any fire upon land to extend into park lands~ or go upon any prohibited lawn, grass plot or planted area, except at such times and in such matter as the Director of the Parks and Recreation Department may 2 (Words s~ek-~h=e~gh are deleted~ words underlined are added. designate. F. Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay, or other body of water in or adjacent to any county park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters. G. Disturb the peace, use any profane, obscene or blasphemous language or do any indecent act. H. Endanger the safety of any person by any conduct or act. I. Con, nit any assault, battery or engage in fighting. J. Carry, possess, or drink any alcoholic A~a~ beverage in any park, except as provided in the exemption set forth in subsection (2) of this Section. K. Enter or exit any park facility except at established entrance ways or exits, or at established times. L. Attach any posters or directional signs to trees. M. Cause or permit a dog or other domestic animal to enter. N. Build fires except in specified areas in county parks on cooking grills provided therein. O. Drive any unauthorized vehicle on any area within the park except the paved park roads or parking areas; park an authorized vehicle in other than an established or designated parking area; park any unauthorized vehicle in the county park area overnight. P. Ride a bicycle on other than a paved vehicular road or path designated for that purpose; leave a bicycle in a place other than a bicycle rack when such is provided, or leave a bicycle lying on the ground or paving or any place or position so as to present any obstruction to pedestrian or vehicular traffic. Q. Prevent any person from using any park, or any of its facilities, or interfere with such.use in compliance with this Ordinance and the rules applicable to such use. (Words st~uek-thre~h are deleted~ words underlined are added.) R. Violate any rule for the use of the park which has been posted in a particular par~ pursuant to approval by the Board of County Commissioners. S. Possess, carry and/or transport on or about their person or discharge any firearm, as defined in Chapter 790.001(6), Florida Statutes, excluding duly authorized law enforcement officers in the lawful performance of their duties. T. Possess, carry, and/or transport on or about their person any glass container in any beach access area. (2} Exemption to Prohibited Acts An exemption to Section Three (1) (J} is hereby declared and established to permit the sale, consumption or possession of alcoholic beverages within the Golden Gate Community Center in accordance with the following conditions: 1. The sale, consumption or possession of alcoholic beverages shall be permitted only in conjunction with or accessory to a primary function for which the Community Center has been rented (e.g. wedding, office party, holiday partyt charitable functions, etc.). 2. Any permit or temporary license for the sale of alcoholic beverages required by the Division of Alcoholic 3everages and Tobacco including~ but not limited to, Section 561.422~ Florida Statutes, shall be a prerequisite to the sale or service of alcoholic beverages. It shall be the sole responsibility of the person, group or organization requesting permission to serve alcoholic beverages to acquire all such permits or licenses and neither the Golden Gate Municipal Services Taxing District nor the County shall have any obligation or responsibil!ty to obtain or provide such permits or licenses. 3. The person, group or organization requesting ~ermission to serve alcoholic beverages and all persons consuming or possessing alcoholic beverages at the Golden Gate Community Center shall comply with all statutory requirements relating to the sale or possession of alcoholic ,oo, 029-'.:286 (Words si'.~ek-*~h~et~h are deleted; words underlined are added. b~er~es as set forth ~ Chapters 561 and 562, Florida Statutes, as .applicable. Specifically, no minors shall possess or consume alcoholic beverages at the Community Center. 4. Arrangements for permission to sell or serve alcoholic beverages at the Golden Gate Community Center shall be made through the Director of the Co~uunity Center, or his or her designee. 5. The regularly established hours for the Golden Gate Con~unity Center shall be observed with regard to the sale, consumption or possession of alcoholic beverages within the Golden Gate Community Center, or his or her designee. 6. The sale, consumption or possession of alcoholic beverages shall be permitted only within the Golden Gate Co~uunity Center Building. 7. The person, group or organization requestin~ permission to serve alcoholic beverages at the Golden Gate Community Center shall provide proof of insurance as a prerequisite to the sale or serving of alcoholic beverages. Such proof of insurance may take the form of a separate liquor liability insurance policy, liquor liabiiity rider to homeowners insurance, or. other insurance approved by the Collier County Risk Manager. In the event that general liquor liability insurance is provided by Collier County for all functions which sell or serve alcoholic beverages, any person, group or organization conducting such function shal~ pay a proportional share of the cost of such insurance as determined by the Collier County Risk Manager and the Director of the Community Center. 8. Either the Director of the Golden Gate Community Center, or his or her designee, or a person designated by the Collier County Department of Parks and Recreation shall be present during the course of any function or activity at which alcoholic beverages are sold,.consumed or possessed at the Community Center. Such person shall have the authority to immediately terminate or cause the termination (Words s~ruek-~h~e~h are deleted; words underlined are added.) of the sale, consumption or ~ossession of alcoholic beverages where it is determined that any requirement of this ordinance has been violated. 9. Such other rules, regulations or conditions as may be adopted by the Board of County Convnissioners by resolution. SECTION TWO. Conflict and Severability In the event this ordinance conflicts with other applicable law, the more restrictive shall apply. If any portion of this ordinance is in conflict with an ordinance of any municipality within Collier County, it shall not be effective within the municipality to the extent of such conflict. If any section, s~bsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision of such holding and shall not affect the validity of the remaining portion thereof. SECTION THREE. Effective Date This Ordinance shall take effect upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~day of Kenneth B.' Cuyler County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ARNOLD LEE GLASS, Chairman (Words st~ek-th=e~gh are deleted; words underlined are added. ) STATE OF FLORIDA COUNTY OF COLLIER I, JANES C. GILES, Clerk of Courts tn and for the Twent/eth Jud/ctal C/rcutt, Collier County, Florida, do hereby certify that the foregoing la a true copy of= Ordinance No. 88-7 wh/ch was adopted by ~he Board of County Commissioners on the 12th day of January, 1988, dur/ng Regular Session. WITNESS my hand and the off/c/al seal of the Board of County 'Commissioners of Collier County, F~orida, this 14th day o~ January, 1~88, JAMES C. GILES Clerk of Courts and Clerk Zx-off/cto to Board of Cou~,y~ommlsstoners By: Virginia Magrt Deputy Clerk 029,, ,:259'