Exh 3BAGENDA #3B
April 23, 2001
City of Atlantic Beach
Atlantic Beach City Commission
Staff Report
Agenda Item:
Date:
Submitted by:
Background:
Alcoholic Beverage Violations and Occupational Licenses
April 12, 2001
G~_.
David E. Thompson, Chief of Police/DPS
At the City Commission Meeting on Apri19, 2001, questions arose as to the
enforcement of alcoholic beverage laws in Atlantic Beach. The essential
questions (paraphrased) which were presented to the Police Department for
research and response were:
Is our ordinance written in such a ~vay that we could pull someone's business
license for violations of the beverage laws?
Do we have the authority to pass legislation that would give us the capability
to pull someone's business license for violations of the beverage laws?
There are several sources of information that address this question, and each source
has been reviewed and discussed with others having lrnowledge in that area of
expertise.
1. Atlantic Beach City Code
A search of the Atlantic Beach City Code does not reveal an existing mechanism for
the revocation of au occupational license for the violation of the state law or city
code.
Chapter 21 of the City Code includes the classifications and fees for various
occupational business licenses, and it includes fines for the late payment of the
prescribed fees. However, it does not provide a process or basis for the revocation of
an occupational business license:.
2. Florida State Statutes
The Florida State Statutes prohibit the sale of alcoholic beverages to minors under
Chapter 562.11. Such a violation is a second degree misdemeanor and carries a
maximum penalty of a $500 fine and imprisonment not to exceed sixty (60) days.
There is no criminal penalty for the business itself.
AGENDA #3B
April 23, 2001
Florida State Statute 562.45 provides guidelines for municipalities to regulate certain
aspects of businesses regulated by the Division of Alcoholic Beverages and Tobacco.
This statute allows local governments to restrict hours of operation, entertainment,
and. similar facets of a business.
However, it also states, "A county or municipality may not enact any ordinance that
regulates or prohibits those activities or business transactions of a licensee regulated
by the Division of Alcoholic Beverages and Tobacco under the Beverage Law.
Except as otherwise provided in the Beverage Law, a local government, when
enacting ordinances designed to promote and protect the general health, safety, and
welfare of the public, shall treat a licensee in a nondiscriminatory manner and in a
manner that is consistent with the manner of treatment of any other lawful business
transacted in this state."
This statutory language appears to limit the authority of local officials to prolu~bit or
regulate the activities which are regulated by the Division of Alcoholic Beverages and
Tobacco (DABT). When there are problems identified with businesses regulated
under DABT, an administrative course of action is followed by DABT. Iri cases of
repeated violations, DABT has the authority to revoke a liquor license.
3. The City Attorney
City Attorney Alan 7ensen has sought information from numerous sources relative to
this issue (see attachment).
Summary:
There is no current mechanism in the Atlantic Beach City Code that will allow the
City to revoke the occupational license of a business for illegally selling alcoholic
beverages to minors.
There is no clear answer to the question as to whether or not the City of Atlantic
Beach has the authority to pass a code or ordinance that would allow for the
revocation of an occupational business license applicable to a business regulated by
DABT. An answer to this question maybe presented to the State Attorney General
for clarification and direction.
Recommendations for Addressing the Problem of Alcohol Sales to Minors
The enforcement of the alcoholic beverage laws is the most effective means to
reduce the violations at the beaches. In the past, the Atlantic Beach Police
Department has periodically participated in investigations of the establishments
licensed to sell alcoholic beverages. The Florida Division of Alcoholic Beverages
and Tobacco has provided support in the way of manpower, resources, and
____ ._
AGENDA #3B
April 23, 2001
administrative follow-up. The frequency of such investigations has largely been
dependent on citizen complaints and the "success" rate during the investigations.
Based on the most recent investigations, there are currently plans to increase the
number and scope of investigations into this problem.
Since the last report received by the Atlantic $each City. Commission, there have
been follow-up investigations.. The Atlantic Beach business that had previously
violated the law, .did not engage in illegal sales during the follow-up investigation.
There are current plans to conduct additional investigations that will include
"minute markets" and "convenience stores."
With the direction and support expressed by the City Commission, the Atlantic
Beach Police Department will continue to work with the Division of Alcoholic
Beverages acid Tobacco to continually assure that the businesses selling alcoholic
beverages comply with all state and local laws.
Budget:
The increased enforcement of the alcohol beverage laws can be conducted within
the existing budget.
Recommendations: None at this time
Attachments: Report from City Attorney Alan Jensen
Reviewed" by City Manager:
Ada Item Number:
Rl_RN ~ JENSEN ATTY 577 PO1
nr,A~z e. ,~1+isE~v
Attorney at Law
935 North lbdrd Street
past Office t;ox S04S7
Jacl~ogvilie Beach, ~7grida 3:240-1W57
T'etephoge(904) 24b-7.500
DATE: April 11, 24)DI
t
TO: Chief David Tiaempson
Cityof,Atlantic ]3each nn
FRONT: Alan C. Jensen, Bsq., City Attorney V~
RPR 11'@1 15:37
AGENDA #3B
Apri123, 2001
F'acsimz"te 4904) 246.9960
FrMa~: A]'enseuI.aw@soLcom
VIA FACSIMILE
RE: Occupational License: Revacatian For Violation of Iaw
At the xegulax City Cointnission meeting on March 26, 2001, Commissiatier lvlitchelson inquired
xega,'ding the City having an ordinance in place which uwould allow fox the revocation by the City
of an occupational license when a business sells alcoholic beverages to minors. I have done an
extensive amount of xesearch into various sources, with little success.
I have been unable to find anything directly on point regarding revocation of an occupational
license of a bar or restaurant which sells alcoholic beverages to a minor. I have searched
'extensively the Florida Statutes, Florida case law, and Florida attorney general. opinions. As you
7snow, most of the ]aw in that area addresses the fact that the state has preempted nntnicipalities in
regard to control of liquor licenses, and the municzpalities are generally limited W .placing.
restrictions on the kx;ation and houzs of sale of alcoholic beverages. The only analogous situation I
s"ound vas a case regatding a city ordinance ita Tampa which permitted revocation of occnpational
licenses of owners of adult book stores and live node model photo studios on the grounds that they
or their employees had been convicted of crimes involving mozal turpitude.which were committed
1n the raurse of the licensed business. A Flozlda appeals court held that tie ordinance was not
unconstitutional. However, no liquor 3icense was involved in that case. The case is Bav Area
l+iews Inc. vs Wrtliam~oe, 364 Sa.2d S30 {l 1a 2°' DCPk 1978).
'17seze may well be some authority for the City to enact an ordinance alloying for revocation of an
occupational lii'erise of a bar or restaurant which serves alcoholic beverages to itririars. 'However, I
would strongly recommend that we seek dze opinion of the Florida Attorney General as to the
legality of any such ordinance, whether it impinges upon. the state's sight to regulate liquor licenses,
and then obtain some direction before any such ardinance is presented to the Commission, if they
sa request.
Tf you need anything further Exam me in tYds xegazd, please do not hesitate to contact roe.
Cc; James R. Hanson, City lbfanagex {via fax}
Comwissionex Theo Mitchelson {via fax)