Item 8E
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Proposed amendments to Chapter 3, Alcoholic Beverages
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director
~ Chief David Thompson, Public Safety Director
DATE: Apri102, 2004 ,,~,~
AGENDA ITEM #8E
APRIL 12, 2004
BACKGROUND: Chapter 3 of the City Code, which establishes conditions and
permissible locations for the sale of alcoholic beverages, is a very outdated section of the City
Code. Attached is a strikethrough and clean review draft of a proposed re-write of this entire
Chapter. Upon direction of the Commission, staff will publish proper notice and submit the
proposed changes in ordinance form along with any appropriate revisions as requested by the
Commission.
BUDGET: No budget issues.
RECOMMENDATION: Direction to staff to notice and schedule ordinance readings and
public hearing to enact proposed revisions to Chapter 3.
ATTACHMENTS: strikethrough and clean draft of chapter 3, Alcoholic Beverages.
REVIEWED BY CITY MANAGER:
April 12, 2004 regular meeting
AGENDA ITEM #8E
APRIL 12, 2004
Chapter 3 ALCOHOLIC BEVERAGES*
*State law references: 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 coniunction with these terms and the requirements of this Chapter
(a) (1-}--Alcoholic beverages shall mean distilled spirits and all beverages containing one-
half of one 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 comparing it with the volume of the remainder of the ingredients as though
said remainder ingredients were distilled water.
(-~Aleoholic 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 Regulations.
Licensed premises shall mean not only rooms where alcoholic beverages are stored or
~ sold by the licensee, but also all other rooms in the building which are so closely
connected t~-so as to admit free passage from drinlcing~arlor to other rooms over
which the licensee has some dominion or control.
~}(b) "Licensee" means a legal or business entity person or persons that hold a license
issued by the division and meet the Qualifications set forth ins 561 15
c) "Sale" and "sell" shall mean any transfer of_an alcoholic beverage for a
^. consideration, any gift of an alcoholic beverage in connection with or as a part of a
transfer of property other than an alcoholic beverage for a consideration or the serving of
an alcoholic beverage by a club licensed under the Beverage Law
+~* mo(d) "Suecial Event Permit" means an approved City of Atlantic Beach permit
signed by the City Manager or his designee as authorized under Section 3-9 (b) of this
Chapter of the Cit~de.
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(Ord. No. 10-80-13, § 3-1, 4-28-80)
'~" Cross references: Definitions and rules of construction generally, § 1-2.
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Sec. 3-2. Hours of sale.
AGENDA ITEM #8E
APRIL 12, 2004
(a) It shall be unlawful for any licensee p°r~^„'~^°~~°a +^ ~°» '°^~^~~° ~
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"" #~e-e~y to sell, offer for sale, serve, give away, dispense or dispose of alcoholic
beverages or permit the same to be consumed upon the licensed premises during the days
and times listed below:
(1) Between the hours of 2:00 a.m. on Christmas Day and 7:00 a.m. on the
day following Christmas Day.
(2) Between the hours of 2:00 a.m. and 7:00 a.m. on all other days.
'~ (b) The licensed premises in which any of the alcoholic beverages are kept, except
such premises as are primarily used and conducted as grocery stores, markets or primarily
~ for the sale and serving of prepared foods for consumption thereon shall be securely
closed during such hours (between 2:00 a.m. on Christmas Dav and 7.00 a m on the day
following Christmas, and between the hours of 2:00 a m and 7.00 a m on all other da~~,
and no person shall be permitted therein during such hours ~~~^~~ ~•~-~-^~° ~ '~ + ,
except to clean up the premises, to perform necessary functions for closing the
establishment, or to perform necessary maintenance.
(Code 1970, § 3-1; Ord. No. 10-80-13, § 3-2, 4-28-80; Ord. No. 10-83-15, § 1, 2-14-83; Ord. No.
10-93-17, § 1, 2-8-93; Ord. No. 10-97-20, § 1, 1-27-97; Ord. No. 10-02-21, § 1, 1-28-02)
State law references: Authority to regulate hours of sale, F.S. §§ 562.14(1), 562.45(2).
Sec. 3-3. Persons not holding alcoholic beverase licenses to sell-
(a) It shall be unlawful for any person or business operating for profit, but not licensed to
sell alcoholic beverages in the city, to serve, give away or dispense alcoholic beverages
or permit the same to be consumed upon his premises b~oo~°e i the hnu-~ ~ ~;nn
.,.,a ~.nn „ ..,., ,.~ .,>> ^+,-°.. a.,. . During the days and times listed below:
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(1) Between the hours of 2:00 a.m. on Christmas Day and 7.00 a m on the
day following Christmas Dav.
(2) Between the hours of 2:00 a.m. and 7.00 a m on all other dam
(Code 1970, § 3-2; Ord. No. 10-80-13, § 3-3, 4-28-80)
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Sec. 3-4. Premises where retail sales for off-premise consumption are permitted
AGENDA ITEM #8E
APRIL 12, 2004
(a) Retail sales, limited to beer as defined by Section 563.01 F S and wine as defined by
Section 564.01, F.S, shall be permitted only upon the following_premises•
(1) Businesses 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 existed on Insert Date
(b) Retail sales of alcoholic beverages which include liquor as defined by Section
565.01, F.S, in addition to beer and wine, shall be permitted only under the following
conditions and upon the following premises.
(1) Businesses properly licensed by the City of Atlantic Beach for the retail sale of
alcoholic bevera eg s, and
(2) Businesses located only within the Commercial General Zoning District and
,~, subject to approval of aUse-bv-Exception in accordance with Section 24-63 of
the City Code.
Sec. 3-5. Premises where sales for on-premise consumption are permitted.
~. (a) Sales 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, 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-b~Exception in accordance
with Section 24-63.
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(Code 1970, § 3-3; Ord. No. 10-80-13, § 3-4, 4-28-80)
State law references: Authority to regulate location of alcoholic beverage establishments, F.S. §
562.45(2).
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AGENDA ITEA1 #8E
APRIL 12, 2004
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Sec. 3-86. Conditions of existing establishments.
(a) Establishments in locations presently open for business and where a current valid
alcoholic beverage license existed as of the Effective Irate of this amended Ordinanceex~
AGENDA ITEM #8E
APRIL 12, 2004
!n„~ n-~±°, may continue to operate under this chapter AYri'= ?4, 1940_~l~^"-~~=~.
*"' ===,a.u=er be of ~ctea'~" +'~'~ ^"^~+°~ ~''°" ^ 'and no right of renewal of such licenses
shall be altered or changed by th° a:~+^r^° '~-~~+^*~^~ ,-- Lh~T provisions of this
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chapter.
(b) Notwithstanding the limitations of this chapter, any location shall be approved for
an alcoholic beverage license if in compliance with the with Chapter 24 of the Cites
peg-cede and the license is being transferred o~~ from a location where a current
valid license existed prior to as of the Effective Date of this amended Urdinancel~et~
nor shall the number of times the license may be transferred or
moved be limited so long as each new location meets the requirements of this chapter
---- - --r - - - -- -- --"--"--" "- ----._ -_.~.., .............., ... ..<>..,.....b ........aa..=a.. vv . vau6v uvvuoaJO.
(Ord. No. 10-80-13, § 3-8, 4-28-80)
Sec. 3-~7. Lighting requirements on premises.
Each vendor licensed to sell alcoholic beverages in the city, during all times his premises are
open for business or in which members of the public are admitted, shall maintain sufficient
lighting for the safety of patrons and employees. r°*'°~~ t?:~a fi.'e !~~ ~n *^~~a'~~ ~'' ~* ' "
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(Code 1970, § 3-5; Ord. No. 10-80-13, § 3-9, 4-28-80)
Sec. 3-~98. Consumption on vendor's premises
It shall be unlawful for any person to consume any alcoholic beverages on t"° ~~°~~~°~ ^~ ^~~'
licensed premises ~ except within:
(~-a) The building which is the address of the licensed vendor; or
,~ (~~ Within a recreation area contiguous to the building, and maintained and controlled
by the licensed vendor exclusively for recreational purposes including but not limited to
golf facilities, tennis facilities, swimming facilities, or other recreational purposes.
,~. (Code 1970, § 3-7; Ord. No. 10-80-13, § 3-11, 4-28-80; Ord. No. 10-85-16, § 1, 9-23-85)
Editor's note: Ord. No. 10-85-16, § 1, adopted September 23, 1985, repealed former § 3-10 and
renumbered § § 3 -11, 3 -12 as § § 3 -10, 3 -11. Former § 3 -10 was concerned with the use of sound-
. producing equipment outdoors, and derived from Code of 1970, § 3-6, and Ord. No. 10-80-13, §
3-10, adopted April 28, 1980.
{c) Within a seating area contiguous to the building and maintained and controlled
by the licensed vendor.
Sec. 3-x-1-9. Consumption, possession of open container upon public property.
~.
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AGENDA ITEA~I #8E
APRIL 12, 2004
~• (a) It shall be unlawful for any person to consume alcoholic beverages upon the
public properties within the city, or for any person to be in possession of an open
container of an alcoholic beverage upon the public properties within the city. Such public
property shall include, but not be limited to, roads, streets, sidewalks, highways, parks
and the ocean beach.
~" (b) The city manager may, for special events, grant a Special Event Permit for the
consumption of beer and wine and the possession of open containers of beer and wine
upon public properties within the city, provided:
(1) No beer or wine ~s13e1 shall be consumed out of doors in public or park
areas, except [that] for up to four (4) festivals in any one (1) calendar year~eer
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(2) All public consumption of beer and wine upon city properties, as
permitted hereunder, shall end no later than 11:00 p.m.
(3) The applicant for a City Special Event Permit agrees to comply with any
~• reasonable conditions deemed necessary by the city manager to protect the best
interests of the city and its residents.
(Code 1970, 3-8; Ord. No. 10-85-16, § 1, 9-23-85; Ord. No. 10-94-19, § 1, 12-12-94)
Note: See editor's note to § 3-10.