11-Chapter 3 Alcoholic BeveragesChapter 3 - ALCOHOLIC BEVERAGESU
Footnotes:
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Editor's note—Ord. No. 10-04-22, § 2, adopted May 10, 2004, repealed former §§ 3-1-3-11, and
enacted similar provisions as set out herein. Former §§ 3-1-3-11 derived from Code 1970; Ord. No. 10-
80-13, 4-28-80; Ord. No. 10-82-14, 1-24-83; Ord. No. 10-83-15, 2-14-83; Ord. No. 10-85-16, 9-23-85;
Ord. No. 10-93-17, 2-8-93; Ord. No. 10-94-19, 12-12-94; Ord. No. 10-97-20, 1-27-97; Ord. No. 10-02-21,
1-28-02; and Ord. No. 90-82-73, 7-28-02.
State Law reference— Liquors and beverages, F.S. § 561.01 et seq.
Sec. 3-1. - Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them within this section. Where applicable and appropriate to the context,
definitions and provisions as set forth within chapters 561-565, Florida Statutes, shall be used in
conjunction with these terms and the requirements of this chapter.
Alcoholic beverage license shall mean that license issued to a person or location by the state
division of alcoholic beverages and tobacco of the department of business and professional regulation
(division).
Alcoholic beverages shall mean distilled spirits and all beverages containing one-half of one (1)
percent or more alcohol by volume. The percentage of alcohol by volume shall be determined by
measuring the volume of the standard ethyl alcohol in the beverage and compairing it with the volume of
the remainder of the ingredients as though said remainder ingredients were distilled water.
Licensed premises shall mean not only rooms or portions of a building where alcoholic beverages
are stored or sold by the licensee, but also all other portions of the premises, which are closely connected
so as to admit free passage from any bar or drinking room to any other portion of the premises over which
the licensee has some dominion or control.
Licensee shall mean a business or a legal entity, or person(s) that holds a license issued by the
division, and which meets the qualifications as set forth in section 561.15, Florida Statutes.
Off -premises consumption shall mean consumption of alcoholic beverages not occurring on the
licensed premises.
On -premises consumption shall mean consumption of alcoholic beverages occurring on the licensed
premises.
Sale or sell shall mean any transfer or dispensing of an alcoholic beverage for any form of fee,
consideration, or gift.
Special event permit shall mean a permit approved by the City of Atlantic Beach, signed by the city
manager or his designee, as authorized under section 3-9(b) of this chapter.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Cross reference— Definitions and rules of construction generally, § 1-2.
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Sec. 3-2. - Hours of sale.
(a) It shall be unlawful for any licensee to sell, offer for sale, serve, give away, dispense or dispose of
alcoholic beverages, or permit the same to be consumed upon any licensed premises between the
hours of 2:00 a.m. and 7:00 a.m. all days of the week.
(b) The licensed premises where any alcoholic beverages are kept, except for restaurants, grocery
stores and markets where the primary business is the sale or serving of food, shall be closed for
business between the hours of 2:00 a.m. and 7:00 a.m. all days of the week. No person shall be
permitted on the premises of such business during such hours, except to clean up the premises, to
perform necessary functions for closing the establishment, or to perform necessary maintenance.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
State Law reference— Authority to regulate hours of sale, F.S. §§ 562.14(1), 562.45(2).
Sec. 3-3. - Persons not holding an alcoholic beverage license.
It shall be unlawful for any person(s) or business operating for profit, but not licensed to sell alcoholic
beverages within the city, to sell, serve, give away or dispense alcoholic beverages or allow the same to
be consumed upon any business premises between the hours of 2:00 a.m. and 7:00 a.m. all days of the
week.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Sec. 3-4. - Premises where retail sales for off -premise consumption are permitted.
(a) Retail sale, limited to beer as defined by section 563.01, Florida Statutes, and wine as defined by
section 564.01, Florida Statutes, shall be permitted only upon the following licensed premises.
(1) Business within the commercial general zoning district abutting Atlantic Boulevard or Mayport
Road or businesses located within the central business district; and
(2) Establishments in locations presently open for business and where a current valid alcoholic
beverage license exists as of the effective date of this amended ordinance.
(b) Retail sale of alcoholic beverages, which includes liquor as defined by section 565.01, Florida
Statutes, in addition to beer and wine, shall be permitted only under the following conditions and
upon the following licensed premises.
(1) Business properly licensed by the City of Atlantic Beach for the retail sale of alcoholic
beverages, and
(2) Business located within the commercial general zoning district only and subject to approval of a
use -by -exception in accordance with section 24-63 of the city code.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
State Law reference— Authority to regulate location of alcoholic beverage establishments, F.S.
§ 562.45(2).
Sec. 3-5. - Premises where sales for on -premises consumption are permitted.
The sale of any alcoholic beverages for on -premise consumption, including beer, wine and liquor
shall be properly licensed by the City of Atlantic Beach, and shall be limited only to restaurants, cafes,
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bars and private clubs within commercial general and commercial limited zoning districts or the central
business district in compliance with chapter 24 of the city code and subject to approval of a use -by -
exception in accordance with section 24-63.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
State Law reference— Authority to regulate location of alcoholic beverage establishments, F.S.
§ 562.45(2).
Sec. 3-6. - Existing establishments and alcoholic beverage licenses previously issued.
(a) Businesses, where a current valid alcoholic beverage license and a current valid occupational
license exist as of the effective date of this amended ordinance, may continue to operate in
accordance with this chapter, and the right to renew such licenses shall not be changed by
provisions of this chapter, provided that such business is in compliance with other applicable
provisions of the city code.
(b) A current valid alcoholic beverage license may be transferred to a new location within the city
provided that such new location is in compliance with chapter 24 of the City Code. The number of
times the license may be transferred shall not be limited as long as each new location meets the
requirements of this chapter and other applicable provisions of the city code.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Sec. 3-7. - Lighting requirements on premises.
Business licensed to sell alcoholic beverages within the city, shall maintain sufficient lighting for the
safety of patrons and employees during all times that the business is open or occupied by employees.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Sec. 3-8. - Consumption on licensee's premises.
It shall be unlawful for any person(s) to consume alcoholic beverages on any licensed premises
except:
(1) Inside of the building that is the licensed premises; or
(2) Within a recreation area contiguous to the building that is owned or leased, and maintained and
controlled by the licensee and used exclusively for recreational purposes including but not
limited to golf facilities, tennis facilities, swimming facilities, or other recreational purposes; or
Within an outdoor seating or dining area contiguous to the building that is owned or leased, and
maintained and controlled by the licensee.
(3)
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Sec. 3-9. - Consumption and possession of open container upon public property.
(a) Except in accordance with following subsection (b), it shall be unlawful for any person(s) to consume
alcoholic beverages upon public properties within the city, or for any person(s) to be in possession of
any open container of an alcoholic beverage upon public properties within the city. Such public
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property shall include, but not be limited to, streets, sidewalks, highways, parks, waterways and the
ocean or beach.
(b) The city manager may, for special events, grant a special event permit to allow the consumption of
beer and wine and the possession of open containers of beer and wine upon public properties within
the city, subject to the following conditions.
(1)
No beer or wine shall be consumed out-of-doors in any public park areas, except that up to four
(4) festivals in any one (1) calendar year may be approved. However, consumption out-of-doors
shall be allowed for special, permitted events at the Adele Grage Center, provided such out-of-
doors consumption is limited and restricted to the decks, porches and verandas of the Adele
Grage Center on the south, west and north sides of the building that are covered and under the
roof of the building.
(2) All public consumption of beer and wine upon any city property, as may be permitted by this
section, shall end no later than 11:00 p.m.
The applicant for a special event permit shall sign a written agreement committing to comply
with any reasonable conditions as deemed necessary by the city manager to protect the best
intests of the city and its residents, and shall as a condition of the special event permit, agree to
hold the city harmless and assume all liability for any damage to public property or any incident
occurring as a direct or indirect result of the special event.
(3)
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04; Ord. No. 10-08-23, § 1, 1-28-08)
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