Laws prohibiting smoking and permitting alcohol sales at Venice beaches pass first reading

VENICE – Smoking will be prohibited at city beaches and alcohol sales allowed permanently by vendors under ordinances approved this week by the Venice City Council.

The council also approved an agreement preserving public access to the beach on the west end of Alhambra Road.

The smoking ordinance – which applies to city beaches and parks – was crafted by staff, following a legislative referral made by the board on Sept. 13.

It would follow the protections from second-hand smoke as outlined in the Florida Clean Air Act that went into effect July 1.

Previous coverage: Venice council approves one-year trial for daytime alcohol at the beach

Related: City anticipates $17.7 million bill for Hurricane Ian cleanup

Just as with the Florida Clean Air Act, the ban carves out an exemption for unfiltered cigars.

Both the city of Sarasota and town of Longboat Key have passed similar ordinances, while Sarasota County is still researching the issue, which will be considered at a future meeting.

Beach alcohol sales would be allowed permanently

The council is removing a clause of an ordinance that allowed for alcohol sales by vendors at Venice Beach and the South Jetty, but only through Feb. 28, 2023.

The new law will permanently allow the owner of Jetty Jack’s at Humphris Park and the proprietors of the Venice Pilot House on Venice Beach to see alcohol in daylight hours.

The board agreed Oct. 24 on a 5-1 vote, wit Member Mitzie Fiedler in dissent, to direct staff to remove that provision.

At that meeting both Police Capt. Andy Leisenring and Assistant City Manager James Clinch told the board that there had been no incidents or increased trash related to the alcohol sales.

The primary objection to the sales had been complaints of noise, trespassing and trash left behind by residents of Jetty Villas – which is adjacent to Humphris Park.

Bathers and surfers use an easement just west of the condominium property to access the beach.

At that meeting, Chris Johnson, the owner of Jetty Jack’s told the council that his employees had been collecting trash off the area – regardless of whether it originated from sales at his establishment or brought to the park by visitors.

At the Nov. 29 meeting, Police Chief Charlie Thorpe said he would check with Leisenring but said that there had been no incidents.

Based on that assessment, Fiedler changed her vote so the approval was unanimous.

Both the smoking ban and alcohol sales ordinances will go before the City Council for a second reading and possible adoption on Dec. 13.

Informal beach access codified

The beach access agreement off of Alhambra Road involves an easement agreement with Gregory Kaplan, who owns a dune lot. Kaplan is also building a beachfront home just east of the lot.

All three miles of beach in the city of Venice are considered public, since the city receives federal funding for renourishment projects.

Clinch noted that it’s essentially a passive beach access like Chauncy Howard Park, which has no designated beach parking.

As part of the agreement, Kaplan will allow public access, while the city will limit liability for the public use and install additional “No Parking” signs around his new residential structure.

The Alhambra Road access, which should only be used by neighbors walking to the beach, has been in the news recently, because of road damage suffered near there and the parking lot of Venice Sands Condominium.

In other action

Also on Nov. 29, the City Council:

• Approved on a 6-1 vote, with Dick Longo in dissent, a 5% raise for City Manager Ed Lavallee plus a one-time $2,500 stipend and a 5% raise for City Clerk Kelly Michaels. Prior to the raise, Lavallee – who has been with the city for 10 years – was making $215,745. Michaels – who has only been in Venice one year but has been a city clerk 20 years – was making $130,000. The council had been considering a 9% raise, which is the same percentage as AFSCME employees will receive, but scaled that back after a brief discussion, which included Council Member Rachel Frank pointing out that the median household income in Venice is only $62,000 a year.

• Recognized former mayor Ron Feinsod for three years of service.

• Elected Jim Boldt as vice mayor.

Earle Kimel primarily covers south Sarasota County for the Herald-Tribune and can be reached at earle.kimel@heraldtribune.com. Support local journalism with a digital subscription to the Herald-Tribune.

This article originally appeared on Sarasota Herald-Tribune: Venice, Florida to ban smoking and allow alcohol sales at city beaches