~~~~, neither Code Section 3-40 or 3-41 contains

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1 /n ORDI~CE NO AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, m I N G TAMPA CODE SECTIONS 3-40, 3-41 AND TO PROVIDE FOR A SPECIFIED CIVIL INFRACTION PENALTY IN LIEU OF THE GENERAL PENALTY PROVISION OF TAMPA CODE SECTION 1-6 FOR CERTAIN OFFENSES RELATING TO POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY; AMENDING TAMPA CODE SECTION TO INCLUDE CODE SECTIONS 3-40, 3-41 AND AMONG THE EXISTING CODE SECTIONS THE VIOLATION OF WHICH SHALL BE A CLASS I CIVIL INFRACTION; AUTHORIZING CQMMUNITY SERVICE HOURS AS AN ALTERNATIVE PENALTY FOR A CLASS I CIVIL INFRACTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Tampa Code Section 3-40 presently provides that it is unlawful to consume any alcoholic beverage or to possess an open container of any alcoholic beverage upon any street, sidewalk, alley or other public property within the City; and WIEREAS, Tampa Code Section 3-41 presently provides that it is unlawful to consume or to possess any alcoholic beverage in any area, facility or property which is operated or supervised by the Tampa Parks and Recreation Department with certain exceptions; and ~~~~, neither Code Section 3-40 or 3-41 contains a specific provision nor does Code Chapter 3 contain a penalty provision applicable to the entire chapter. Accordingly, the general penalty provision found in Tampa Code Section 1-6 is applicable to violations of Sections 3-40 and 3-41; and WHEREAS, the applicable penalty specified in Code Section 1-6 provides for a fine not exceeding $500 or imprisonment-for a term of up to 60 days or by both such fine and imprisonment; and WHEREAS, Tampa Code Section 16-46, like Section 3-41, presently provides that it is unlawful to possess or consume alcoholic beverages on any property managed by the Parks and Recreation Department and, through Section 16-5 provides for a penalty pursuant to Code Section 1-6 to include possible imprisonment; and

2 WHERlUW, to make the penalty more commensurate with the severity of the offense, the City wishes to remove the possibility of imprisonment from the penalty applicable to violations of 3-40, 3-41 and and to make clear that violation of those ordinances shall be considered a civil infraction rather than a criminal offense; and, the Tampa City Council finds that public possession or consumption of alcoholic beverages outside of designated premises or permitted events is a serious threat to the public health, safety, or welfare and that the violation is of an itinerant or transient nature; and WHEREAS, Tampa Code Section includes a list of Code Sections for which violation is deemed to be a Class I civil infraction and must be amended to effectuate the intent of this ordinance; and WHEREAS, the City Council finds it appropriate to amend Tampa Code Section to allow the county court to imposeh a sentence consisting of community service hours in lieu of a fine for violations punishable as Class I civil infractions. BE IT ORDMMJED BY TEE CITY COUNCIL OF THE CITY OF TAMPA, FWIRIDA: Section 1. That Tampa Code Section 3-40 is hereby amended by the creation of subsections 3-40 (d)and(e) to read as follows: (d) Violation of this section is a civil infraction punishable as a Class I violation as specified in Tampa Code Section (e) A violation of this section is deemed an irreparable or irreversible violation and may result in an immediate citation. Section 2. That Tampa Code Section 3-41(a) is hereby amended to read as follows: (a) It is unlawful for any person to bring upon, possess

3 or to consume any type of alcoholic beverages in any area, facility or property which is operated or supervised by the Parks and Recreation Department, unless such property is permitted for the sale of alcoholic beverages pursuant to law, or as provided in subsection (c). Violation of this subsection is a civil infractibn punishable as a Class I violation as specified in Tampa Code Section Violation of this subsection is deemed an irreparable or irreversible violation and mav result in an immediate citation. Section 3. That Tampa Code Section is hereby amended by the creation of subsection 16-46(2) to read as follows : (2) Violation of this section is a civil infraction punishable as a Class I violation as specified in Tampa Code Section Violation of this section is deemed an irreparable or irreversible violation and may result in an immediate citation. Section 4. That Tampa Code Section (a) is hereby amended to read as follows: (a) Violations of the following sections of the Tampa City Code are considered Class I violations and will carry a fine of: For a first offense... $75.00 For a second offense For a third offense For a fourth or subsequent offense City Code Sections (10) 3-41 (a) (11) (12) (13) (15) (17) (18) (6) (9) (Vendor-All Types) Provided, however, that in lieu of the fines specified

4 above the court may impose community service hours to be performed by the defendant as directed by the court, to be credited at the then applicable minimum wage rate specified by 29 U.S.C. S 206(a) (1). Section 5. That this ordinance shall take effect immediately upon becoming a law. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON OCT. 6, 2911 CHAIRMAN P: -TEM, cim comc~l ATTEST : ++ APPROVED BY ME ON PREPARED AND APPROVED BY: KIRBY C. RAPNSBERGER ASSISTANT CITY ATTORNEY

5 ORDINANCE NO /a AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, MAKING REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 22 (STREETS AND SIDEWALKS); AMENDING SECTION , INSTALLATION AND DIMENSION REQUIREMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tampa directed the Legal Department to prepare the following amendment to Chapter 22, Code of Ordinances; and, WHEREAS, the City Council of the City of Tampa has determined that the following amendment promotes and protects the general health, safety and welfare of the residents of the City of Tampa; and, WHEREAS, duly noticed public hearings as required by law were held by the City Council of the City of Tampa, at which public hearings all residents and interested persons were given an opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That "Sec Installation and dimension requirements." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Installation and dimension requirements. (a) Banners shall be permitted to be installed and maintained only on underground fed light poles that support no utility other than a street light at the following locations within the City of Tampa: (1) Ashley Drive between Tyler Street and Whiting Street; and (2) Tampa Street between Tyler Street and Whiting Street; and (3) Franklin Street between Tyler Street and Jackson Street; and (4) Florida Avenue between Tyler Street and Jackson Street; and (5) Madison Street between Ashley Drive and Jefferson Street; and

6 Jackson Street between Ashley Drive and Jefferson Street; and Kennedy Boulevard between Hoover Avenue and Channelside Drive; and Nick Nuccio Parkway between Nebraska Avenue and Palm Avenue; and Channelside Drive between Franklin Street and Adamo Drive; and Ice Palace Drive between Franklin Street and Channelside Drive; and South Franklin Street between Whiting Street and Ice Palace Drive; and Dale Mabry Hwy. between Interstate 275 and Hillsborough Avenue; and 30th Street between Busch Blvd. and Fowler Avenue; and Boyscout Blvd between Westshore Blvd. and Dale Mabry Hwy.; and Fowler Avenue between Interstate 275 and Interstate 75; and Fletcher Avenue between Interstate 275 and Interstate 75;& (17) Davis Islands Boulevard between Barbados Avenue and Chesapeake Avenue. Banners shall be permitted to be installed and maintained only on light poles as described in subsection (a) herein that are affixed with brackets installed by or at the direction of the Tampa Electric Company, at no cost to the city, and installed in compliance with the current edition of the National Electric Safety Code as it may be amended from time to time; and Banners shall not exceed thirty (30) inches in width and ninety (90) inches in height; and Banners permitted to be installed and maintained shall not extend beyond the edge of pavement or the back of the curb and be a minimum of fourteen and one-half (14.5) feet in height from the grade of the street; and Banners shall be made of material commonly used in the industry capable of withstanding wind loads as prescribed by the Florida Department of Transportation and/or the owner of the light pole(s); and Sponsor identification, if any, shall not exceed ten (10) percent of the face of the banner; and Banners shall be erected by a properly licensed electrical contractor."

7 Section 2. That should a court of competent jurisdiction declare any part of this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by such determination as to the invalid part. Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. law. Section 4. That this ordinance shall take effect immediately upon becoming a PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON 0CT ATTEST: CITY COUI~CIL APPROVED AS TO LEGAL SUFFICIENCY BY: EIS JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY

8 ORDNANCE NO /2/ AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, MAKING IIEVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 3 (ALCOHOLIC BEVERAGES); CREATING SEC DEALING WITH POSTING OF CONDITIONS FOR THE SALE OF ALCOHOLIC BEVERAGES; AND, CHAPTER 27 (ZONING); AMENDING SEC , CLASSES OF SPECLAL USE PERMITS; AGENT OR BODY RESPONSIBLE FOR EACH GENERAL PROCEDURE; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEIIEAS, the City has the authority under Florida Statutes to regulate the hours of businesses, the location of businesses, and to prescribe sanitary regulations on establishments licensed by the state to sell alcoholic beverages; and, WHEREAS, the City has the authority under Florida Statutes to regulate the type of entertainment and conduct permitted in such establishments; and WHEREAS, the City, in approving specific locations for the sale of alcoholic beverages, has placed certain conditions on the approval to ensure compatibility of the location; and, WHEIIEAS, the City has determined that the posting of such conditions that are specific to a particular establishment is necessary to ensure enforcement of and compliance with such conditions; and, WHEREAS, the City has determined that issuance of a standardized posting placard by the City for all future approvals for alcoholic beverage sales provides uniformity and consistency in such posting; and, WHEREAS, the City Council of the City of Tampa has determined that the following ordinance promotes and protects the general health, safety, and welfare of the residents of the City of Tampa; and, WHEREAS, a duly noticed public hearing as required by law was held by the City Council of the City of Tampa, at which public hearing all residents and interested persons were given an opportunity to be heard.

9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLOEUDA: Section 1. That "Sec Posting on premises of specific conditions relating to establishments that sell alcoholic beverages." is hereby created to read as follows: "Set Posting on premises of specific conditions relating to establishments that sell alcoholic beverages. Upon issuance by the City, all establishments within the City that legally engage in the sales of alcoholic beverages, shall post a placard ["AB Conditions Placard"] that states all conditions relating to the City's approvai for said sales. The placard must conform to the following: The AB Conditions Placard shall be in a form created by the City. The AB Conditions Placard, typically placed on a standard letter sized sheet, shall be posted in a conspicuous place near the main exit from the establishment, in a location that can be readily seen and read by customers of the establishment. The posting shall be maintained in a legible form at all times. Posted conditions shall include the following items, as applicable: The number of the ordinance approving the property for the sale of alcoholic beverages, the date the ordinance was approved by City Council, and the special use application case number if appkable; The alcoholic beverage classification granted to the location by said ordinance; The total square footage (indoor and outdoor) approved by said ordinance for the sale of alcoholic beverages; Any conditions contained in said ordinance or the attached site plan related to noise, inchding but not limited to noise attenuation, sound level limits, and amplification prohibitions; Any conditions contained in said ordinance or the attached site plan relating to the provision of extra security, including but not limited to the provision of off-duty (extra-duty) sworn law enforcement officers and other security personnel;

10 (6) Any conditions contained in said ordinance or the attached site plan related to hours of operation; (7) Any conditions contained in said ordinance or the attached site plan related to exterior lighting. (d) The posting must also include the following statement: There may be additional conditions imposed by the City of Tampa related to the ability to sell alcohol from a particular location. Such conditions are contained in the ordinance approving the location, and all attached exhibits." Section 2. That "Sec Classes of special use permits; agent or body responsible for each general procedure." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Classes of special use permits; agent or body responsible for each general Classes of special permits, the agent or body responsible for each and general provisions regarding the procedure are as follows: (1 S-1 special me permits; administered by zoning administrator; no formal public notice or hearing. It is intended that S-1 permits be required in relation to certain temporary uses and occupancies or where specified uses or characteristics of use could have adverse effects on adjacent properties unless special requirements are met. a. Administration by zoning administrator. The zoning administrator shall be responsible for the administration, processing, review and determination on applications for S-1 special use permits. Recommendations fiom other departments or agencies may be requested by the zoning administrator where necessary to establish conditions or to establish compliance with the conditions. b. Time fi-ames for S-1 special use permit review by the zoning administrator. i. The zoning administrator, or any department or agency requested to review the S-1 special use application, shall review and issue a determination within thirty (30) working days of receipt. The review and determination period may be extended at the request of the applicant an additional fifteen (15) working days. If the application is in conformity with the terms and requirements of this chapter or if specified conditions and safeguards as provided for

11 .. n.. - under section , if attached, would result in such conformity, the zoning administrator shall grant the special use permit with the necessary safeguards and conditions. If the application is not in conformity with the terms and requirements of this chapter, or if the applicant will not comply with any specified conditions as provided for under section , the application shall be denied. Applications for temporary alcoholic beverage sales special use permits must be submitted at least five (5) working days prior to the date of the event. The zoning administrator shall review and issue a determination no less than one (1) working day prior to the date of the event. If an applicant does not meet the application submittal deadlines prescribed herein, the zoning administrator may consider an application filed after the submittal deadline as a request for an expedited review with payment for review at triple the fee of a standard review. certification of the special use site ~lan and issuance of an a~uroval for alcoholic beverape sales, the zoning administrator or desimee shall issue an "AB Conditions Placard" to the applicant, which reflects the information recluired bv sec U~on c. No formal public notice or hearing. Formal public notice and public hearing are not required and shall not be held in connection with the zoning administrator's review or determination of an application for an S-1 special use permit as provided for in this section. (2) 5-2 special use permits; procedure for submission and consideration of decision by city council. It is intended that S-2 special use permits be required where specified uses or occupancies involve matters deemed to be of citywide or area-wide importance. The city council shall be solely responsible for decisions on all applications for S-2 special use permits. a. Application submitted to zoning administrator. An application for approval of S-2 special uses shall be filed with the zoning administrator, who shall, before accepting any application, ensure that it contains all required information, as specified elsewhere in this chapter. b. Zoning administrator analysis and report. The zoning administrator shall cause an analysis to be made of the application

12 and, based on that analysis, prepare a report-for consideration by the city council. c. Public hearing required; notice specif;ed. Prior to consideration of the application for approval of a special use, a public hearing thereon shall be held by the city council. Applicants for approval of special uses, the city clerk and the zoning administrator shall, for special use public hearings, meet the same requirements as are established for public notice and final site plan deadlines for parcel rezonings (see Article WI and XVI). d. Action on the application. After completion of the public hearing, the city council shall take action on the application. This action shall be one (1) of the following: I. Approval; 2. Approval with conditions attached; 3. Approval with waiver(s) to criteria set forth in sec (with or without conditions attached); 4. Denial. City council shall grant waivers if city council frnds that the application, after granting the waiver, is consistent with the applicable general standards set forth in sec e. Action subsequent to city council action. The 7 citv clerk shall cause notice of the disposition of the application to be sent to the applicant and a copy of the decision to be filed in the ofice of the zoning administrator. As apvlicable, the following.. additional actions shall occur: 1. The zoning administrator or designee, in the case of approval or auproval with conditions. shall issue the necessary permit in accord with the city council's actions; 2. Upon certification of the special use site vlan and issuance of an auvroval for alcoholic beverage sales, the zoning

13 administrator or designee shall issue an "AB Conditions Placard" to the a~vlicant. which reflects the information required by sec Effect of denial by city council. A denial of an S-2 suecial use permit shall preclude consideration of an application which has a substantially similar reauest as described in the auulication involving the same lands or any portion thereof for a ueriod of twelve (12) months from the date of denial of the previous a~vlication. The citv council may determine that this time ueriod does not auuly if the new S-2 application has addressed the grounds for denial identified durinn the uublic hearing." Section 3. That should a court of competent jurisdiction declare any part of this Ordinance invalid the remaining parts shall not, in any way, be affected by such determination as to the invalid part. Section 4. That all ordinances or parts of ordinances in conflict are hereby repealed to the extent of any conflict. law. Section 5. That this ordinance shall take effect immediately upon becoming a PASSED AND ORDAINED BY T TAMPA, FLORIDA, ON ATTEST: ocr - 6 2m CITY COUNCIL OF THE CITY OF n / ~ z H ~ I R ~ R M APRO-TEM N CITY COUNCIL APPROVED AS TO LEGAL SUFFICIENCY BY: E/S REBECCAKERT ASSISTANT CITY ATTORNEY