HomeMy WebLinkAboutO-1399ORDINANCE NO. 1399
AN ORDININANCE OF THE CITY OF FAIRHOPE, ALABAMA,
TO AMEND ORDINANCE NO. 1397 TO EXTEND THE REGULATION OF
THE HOURS OF SALE FOR ALCOHOL MORATORIUM
WHEREAS, the City Council of the City of Fairhope, Alabama (the "City") adopted Ordinance
No. 1397 on July 27, 2009, which imposed a moratorium on the regulation of noise and the
hours of sale for alcohol within the city limits and within the police jurisdiction; (the
"Moratorium") for a period of time extending until September 26, 2009; and
WHEREAS, the purposes of the Moratorium were to give the City an opportunity to address
issues related to the regulation of noise and the hours of sale for alcohol within the city limits
and within the police jurisdiction; and give ample time to study these issues; and
WHEREAS, the City has been pursuing the Purposes with due diligence, but has been and will
be unable to materially complete the Purposes regarding the regulation of the hours of sale for
alcohol within the city limits and within the police jurisdiction, within the current time frame of
the Moratorium; and
WHEREAS, the City Council has determined that the extension of the Moratorium hereinafter
set forth will promote the general health, safety, and welfare of the City as a whole.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF FAIRHOPE, ALABAMA, AS FOLLOWS:
Section 1. Moratorium Extended. Except as hereinafter set forth, Section 2 of Ordinance
No. 1397 is hereby amended so that the Moratorium regarding the regulation of
the hours of sale for alcohol within the city limits and within the police
jurisdiction is extended until December 31, 2009.
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of
this ordinance be pre-empted by state or federal law or regulation, such decision
or pre -exemption shall not affect the validity of the remaining portions of this
ordinance or its application to other persons or circumstances.
Section 3. Effective Period of Moratorium. This ordinance shall take effect
immediately upon its due adoption and publication as required by law.
ADOPTED THIS 28TH DAY OF SEPTEMBER, 2009
ATTEST:
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�Aanl�s, City Clerk