Ordinance 85-41ORnI~ANCE NO. 85- ~.
~ AN~OR~NANCE RRGULATING CONSUMPTION OF ALCOHOLIC
BE._~ES AND DRUGS BY MINORS AT "OPEN HOUSE
PA~ES"~ PROVIDING DEFINITIONS~ PROHIBITING
OPeN HOUSE PARTIES AND PRFSENCE OF MINORS WHERE
ALCOROLIC BEVERAGES OR DRUGS ARE POSSESSED OR CON-
SU.MED BY MINORS~ PROVIDING EXCEPTIONS; PROVIDING
PENALTIES~ PROVIDING FOR CONFLICT AND SEVERANCE~ AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the unregulated consumption of alcohol and drugs by
minors creates social problems in many communities throughout the
United States, including Collier County~ and
WHEREAS, adults could significantly alleviate alcohol and
drug problems by assuming responsibility for open house parties
which occur at their residences~
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF~COLLIER COUNTY, FLORIDA~
SECTION ONE: Definitions.
For purpose~ of this Ordinance, the following tetras shall bm
defined as followsz
(a) "Adult" means a person not legally prohibited by reason
of age from possessing alcoholic beverages p~lrsuant to Chapter
562, Florida Statutes, as the same may be amended ~rom time to
time.
(b) "Alcoholic Beverage" means any beverage containing more
than one percent (1%) of alcohol by weight. The percentage of
alcohol by weight shall be determined in accordance with the
provisions of Section 561.01(4) (b), Florida Statutes, as the same
may be amended from time to time.
(c) "Drug" means "controlled substance" as that term is
defined in Sections 893.02(3) and 893.03, Florida Statutes, as
the same may be amended from time to time.
(d) "Minor" means a person not legally permitted by reason
of age to possess alcoholic beverages pursuant to Cha~er
Florida Statutes, as the same may be amended from tame
(e) "Residence" means a home, apartment, condominium or
other dwelling unit.
(f) "Open House Party" means a social gathering at a
SECTION TWOI
Open House Party And Presence Of Minors
Prohibited Where Alcoholic Beverages Or
Dru~s Possessed Or Consumed By Minors.
No adult having control of any residence shall allow an open
house party to take place at said residence if any alcoholic
beverage or drug is possessed or consumed at said residence by
any minor where the adult knew or reasonably should have known
that an alcoholic beverage or drug was in the possession of or
being consumed by a minor at said residence.
SECTION THREE~ Exception.
The provisions of this Ordinance shall not apply to legally
protected relig~bus observances or activities.
SECTION FOUR~ Penalties.
The penalties for violation of this Ordinance are as
follows:
(a) For the first violation, a fine not exceeding Five
Hundred Dollars ($500.00).
(b) For subsequ6nt violations, a fine not exceeding Five
Hundred Dollars ($500.00) or' imprisonment in the County Jail for
a term not to exceed sixty (60) days, or by both such fine and
imprisonment.
.~.,,.~,~SECTION FIVE:...~onflict and Severance
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, 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 SIX~ Effective Date.
This Ordinance shall become effective 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 Commis,ionera
of Collier County, Florida, this 6~h day of Ausust , 1985.
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~I LL~ ~K]~EA~A/, C lark
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Approved ~s to form an~
legal sufficiency ~
~nnoth B.
Assistant Count~' Attorney
STAT". OF FLORIDA )
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~J~VOSS
FREDE~/iCK . , Chairman
This or~inor~e flied with the
o~fory of _Slote's Of.rice
d~y o~,
.~ oCknow~edge~e~t ~j thol
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing ia a
tgue original of:
ORDINANCE NO. 85-&1
which was adopted by the Board of County Commissioners during Resular Session
on the 6th day of August, 1985.
WItlESS my hand and the official seal of the Board of County Co~alssioners
of Collier County, Florida, this 7th day of August, ~985.
WILLIAM J. REAGAN ,
Clerk of Courts and Clerk .%~ ,';~l ,~.'.
Ex-Officio to Board of '~ i:.,~'~.. ~.
County Commissionera *" ,':'"'~ "~'
Vtrgtq~Magri, Del~uty Cl~
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