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05. 06. a2 0 1 : 33PM E' C1
Please Type or Print in Ink
Appliaation Fed $75. 0;
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Chapter 3
ALCOHOLIC BEVERAGES*
Sec. 3-L Definition&
For the purposes of this chapter, the foliowing words and phrases shall have the mean-
ings respectively ascribed to them by this section.
Alcoholic beverage license shall mean that license issued to a personor location by the
state division of alcoholic beverages and tobacco of the department of business regulations.
All other words used in this chapter shall be as defined in The Beverage Law(F.S. Chs.
561-568).
(Ord. No. 10-80-13, § 3-1,4-28-80)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 3-2. Hours of sale.
It shall be unlawful for any person licensed to sell alcoholic beverages in the city to sell,
offer` for sale, serve, give away, dispense or dispose of alcoholic beverages or permit the same
to be consumed upon his premises,between the hours of 2:00 a.m. on Christmas Day and 7:00
a.m. on the day following Christmas Day, and between the hours of 2:00 a.m.on Sundays and
1:00 p.m. on Sundays, except that a restaurant holding a valid athd current beverage license
may, beginning at 10:00 a.m. on Sundays, serve for consumption on premises only, cham-
pagne or beer, provided that champagne or beer may only be served with a meal, this being
commonly known as a champagne brunch, and between the hours of 2:00 a.m. and 7:00 a.m.
on all other days. The 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, and no person shall be permitted therein during such hours for any purpose
whatsoever, except to clean up the premises or to perform necessary functions for closing the
establishment.
(Code 1970, § 3-1; Ord. No. 10-80-13,'§ 3-2,4-28-80; Ord. No. 10-83-15, § 1, 2-14-83)
State law reference—Authorit4 to regulate hours of sale,F.S. §§ 562.14(1), 562.45(2).
Sec. 3-3. Persons not holding licenses to sell.
It shall be unlawful for any person 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 between the hours of 2:00 a.m. on Christmas Day and 7:00
a.m. on the day following Christmas Day,and between the hours of 2:00 a.m. on Sundays and
1:00 p.m. on Sundays, and between the hours of 2:00 a.m. and 7:00 a.m. on all other days.
(Code 1970, § 3-2; Ord. No. 10-80-13, § 3-3,4-28-80)
'State law reference—Liquors and beverages,F.S. § 561.01 et seq.
245
•
§ 3-4 ATLANTIC BEACH CODE
Sec. 3-4. Premises where sales permitted. --r
Sales of alcoholic beverages are permitted on the following premises:
(1) The premises commonly known as Le Chateau;
(2) The clubhouse site and pro shop site of the Selva Marina Country Club;
(3) The premises commonly known as the Sea Turtle;
(4) The premises located and fronting on Atlantic Boulevard from a point two hundred
(200)feet east of the center line of a street designated Sylvan Drive, west to the city
limits;
(5) All premises located and fronting on the Mayport Road and in compliance with
chapter 24;
(6) The premises commonly known as Letizia's Italian Restaurant so long as the sale for
consumption on premises of alcoholic beverages is incidental to the sale of food.
(Code 1970, § 3-3; Ord. No. 10-80-13, § 3-4, 4-28-80)
State law reference—Authority to regulate location of alcoholic beverage establish-
ments, F.S. § 562.45(2).
Sec. 3-5. Locations where on-premises sales prohibited.
No vendor of alcoholic beverages containing alcohol of not more than fourteen(14)percent
by weight and wines, regardless of alcoholic content, for consumption on premises, shall be
permitted to conduct his place of business in the CG zone east of a line two hundred(200)feet
east and parallel to the center line of a street designated as Sylvan Drive,unless such place of
business is a restaurant or delicatessen and the sale of beer and wine is incidental to the sale
of food.
(Code 1970, § 3-4; Ord. No. 10-80-13, § 3-5,4-28-80)
State law reference—Authority to regulate location of alcoholic beverage establish-
ments, F.S. §562.45(2).
Sec. 3-6. Restrictions on location of establishments.
(a) Notwithstanding the provisions of this chapter, no location shall be approved for an
alcoholic beverage license, whether for on-or off-premises consumption, unless the location is
not less than:
(1) One thousand five hundred(1,500) feet from any othei location where there exists a
current alcoholic beverage license; or
(2) One thousand five hundred(1,500)feet from any established school or church.
(b) The foregoing provisions of this section shall not apply to any restaurant ("restau-
rant" is defined for purpose of this section as being an enterprise involved solely in the
preparation, and serving of food within the physical confines of that establishment) which
246
ALCOHOLIC BEVERAGES § 3-9
derives not less than fifty (50) percent of gross income from the sale of food prepared, and
served on the premises, provided that such a restaurant with a beverage license permitting
consumption on the premises of alcoholic beverages including liquor(hard liquor)shall have a
seating capacity of not less than one hundred fifty(150)seats and overall floor area of not less
than three thousand (3,000) square feet; nor shall the foregoing provisions of this section
apply to grocery stores or drugstores licensed to sell alcoholic beverages for off-premises
consumption only.
(Ord. No. 90-82-73, § 1, 7-28-82; Ord. No. 10-82-14, § 1, 1-24-83)
State law reference—Authority to regulate location of alcoholic beverage establish-
ments, F.S. § 562.45(2).
g..
Sec. 3-7. Measurement of distances.
All distances provided in this chapter shall be measured as follows:
(1) With respect to the distance between a location for which an alcoholic beverage
license is proposed and a location where such a license exists, the distance shall be
measured by following a straight line from the nearest point of the building or
portion of a building which is the proposed license premises to the nearest point of the
building or portion of a building which is the existing licensed premises.
(2) With respect to the distance between a location for which an alcoholic beverage
license is proposed and an established church or school, the distance shall be mea-
sured by following a straight line from the nearest point of the building or portion of
a building to be used as a part of the proposed location to the nearest point of the
grounds contiguous to and a part of the church or school facilities.
(Ord. No. 10-80-13, § 3-7,4-28-80)
Sec. 3-8. Conditions of existing establishments.
(a) Establishments in locations presently open for business and where a current valid
alcoholic beverage license existed on April 28, 1980, shall not in any manner be affected by
this chapter, nor shall any right of renewal of such licenses be altered or changed by the
distance limitations or any other provision of this chapter.
(b) Notwithstanding the limitations of this chapter,any location shall be approved for an
alcoholic beverage license if in compliance with the zoning code and the license is being
transferred or moved from a location where a current valid license existed prior to April 28,
1980 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 with respect to locations of
churches,schools or existing alcoholic beverage licenses.
(Ord. No. 10-80-13, § 3-8,4-28-80)
Sec. 3-9. 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 not less
than five(5)footcandles of light in all parts of his premises to which members of the public are
Supp.No.3
247
� I
§ 3-9 ATLANTIC BEACH CODE
admitted and where the sale of the beverages is made or the beverages dispensed or con-
sumed. It shall be unlawful for any such vendor to sell, offer for sale, serve or dispense or
permit to be consumed any alcoholic beverages upon part of his premises unless the same is
then and there lighted with not less than five(5)footcandles of light.
(Code 1970, § 3-5; Ord.No. 10-80-13, § 3-9,4-28-80)
Sec. 3-10. Consumption on vendor's premises. 4
It shall be unlawful for any person to consume any alcoholic beverages on the premises of
any licensed vendor except within:
(1) The building which is the address of the licensed vendor; or
(2) 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.
Sec. 3-11. Consumption,possession of open container upon public property.
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,highways,parks and the ocean beach.
(Code 1970, 3-8; Ord. No. 10-85-16, § 1,9.23-85)
Note—See editor's note to § 3-10.
Supp.No.s (The next page is 299]
248
CITY OF N° 5 1 5 9
ATLANTIC BEACH
FLORIDA
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NAME 0 L //1-eat4cj era-4_7"X
ADDRESS (Q 3 --/41 e /&;,G'C-G2,!/�"`4
CITY C�i'.� `a t 5 c c/, F L 322 3 3
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VALIDATF DATE: 05/08/92
TIME: 08:12 AM
MIA( $75.00
= $75.00
RECEIPT _rR: 0557M
When Signed, Dated and Numbered, This Becomes an Official Receipt
MAKE CHECKS PAYABLE TO Received Payment
CITY OF ATLANTIC BEACH, FLORIDA TREASURER