Handout- Betsy Cosgrove 10-10-16 1 4 /
Alcohol Beverage Sales in Atlantic Beach 1,-. <p ®,�
• 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)
• Sec. 3-4. - Premises where retail sales for off-premise consumption are permitted.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
(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.
Note: Code effective May 10, 2004
Additional codes:
• Sec. 1-6. - Effect of Code on prior acts or rights.
Nothing in this Code or the ordinance adopting this Code shall effect any offense or act
committed or done or any penalty or forfeiture incurred or any contract or right established
or accruing before the effective date of this Code; nor shall it affect any prosecution, suit or
proceeding pending or any judgment rendered prior to the effective date of this Code.
(Ord. No. 47-70-1, § 3)
• Sec. 24-16 (f)
Unless the context clearly indicates the contrary, where a regulation involves two (2) or
more items, conditions, provisions or events connected by the conjunction "and," "or" or
"either . . . or," the conjunction shall be interpreted as follows:
(1) "And" indicates that all the connected items, conditions, provisions or events shall
apply.
Sec. 3-4. - Premises where retail sales for off-premise consumption are permitted.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
(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.
(b)
(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.
Retail Sales of Beer and Wine
Licensed premises
(1) (2)
Businesses in CG Establishments
zoning abutting already open
Atlantic Blvd or And and current
Mayport or CBD beverage license
exists as of eff
date of this nrd
Note: Code effective May 10, 2004
Section 24-16 (f)
Unless the context clearly indicates the contrary, where a regulation involves two (2) or more
items, conditions, provisions or events connected by the conjunction "and," "or" or "either . . .
or," the conjunction shall be interpreted as follows:
(1) "And" indicates that all the connected items, conditions, provisions or events shall apply.
*********************************************************A*.'k*.*****Yt**'k'kicirit*.Ye.*************.it***.***
Scenario 1:
New business in CG zoning on Atlantic Blvd....does not have current beverage license as of date
of this ordinance (5/10104). Can they sell beer and wine?
Answer: No because the ordinance says both conditions must be met and the business
is not presently open and they did not have a beverage license as of 5/10/04.
Scenario 2:
Business in CL zoning not on Atl Blvd/Mayport Rd/CDB ....does have current beverage license as
of 5/10/2004..Can they still sell beer and wine?
Answer: Yes —grandfather in via Sec. 1-6 — Effect of Code on prior acts or rights.
Hours of Operation and the Sale of Alcoholic Beverages
Section 3-2 and Section 3-4
What is the primary purpose on the premises of your business?
Is it a restaurant,grocery Is it a business other than
store or market which primarily selling or serving
primarily sells or serves food? food?
Choose your operating
Do you plan to be open 24 hours in a way to not Do you plan to be open 24
hours a day? cause an adverse effect hours a day?
to the surrounding
neighborhood.(i.e.No
extreme hours of
operation Sec.24-
111(b))
Do you plan to sell alcoholic _ j.- Do you plan to sell alcoholic
beverages for offsite �; °> No beverages for offsite
consumption? consumption?
Business maybe open
Is your Business within the CG 24x7 subject to Sec 24- Is your Business within the CG
zoning and abuts Atlantic 1' 111(b) but no sales of f -.7 zoning and abuts Atlantic
Blvd,Mayport Rd or within —--- alcoholic beverages are s> Blvd,Mayport Rd or within
the Central Business District? allowed.(Does not meet the Central Business District?
requirements of Sec 3-4
(a),b)).
Is your establishment Business may be open Is your establishment
presently open for business? 24x7 but no sales of presently open for business?
alcoholic beverages are
allowed.(Does not meet
requirements of Sec 3-4
(a),b)).
Is there a current alcoholic Is there a current alcoholic
beverage license in effect as of beverage license in effect as of
May 10,2004?(date of May 10,2004?(date of
ordnance per Sec 3-4((b)(2). ordnance per Sec 3-4((b)(2).
Retail sale,limited to beer Retail sale,limited to beer and
and wine is permitted.(Sec wine is permitted(Sec 3-
3-4(a).Business may be 4(a)). All business
open 24x7 but No sales or operations must be closed
service of alcoholic between for business from 2 am to 7
the hours of 2 am and 7 am all am all days of the week.(Sec
days of week. (Sec 3-2(a)(b)) 3-2(b)).