Ordinance No. 10-04-22ORDINANCE NUMBER 10-04-22
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, AMENDING THE CODE OF ORDINANCES FOR THE
CITY OF ATLANTIC BEACH, CHAPTER 3, ALCOHOLIC BEVERAGES TO
REPEAL AND REPLACE SECTIONS 3-1 THROUGH 3-11 WITH NEW SECTIONS
3-1 THROUGH 3-9, PROVIDING DEFINITIONS AND ESTABLISHING
REGULATIONS FOR THE LICENSING AND SALE ALCOHOLIC BEVERAGES;
ESTABLISHING APPROPRIATE BUSINESS LOCATIONS FOR ON-PREMISE
AND OFF-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES;
AND REGULATING THE CONSUMPTION AND POSSESSION OF ALCOHOLIC
BEVERAGES UPON PUBLIC PROPERTY; PROVIDING FOR RECORDATION
AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida, hereby
finds that the public health, the public safety and the general welfare of citizens are protected
and enhanced by appropriate regulation of the sale, consumption and possession of Alcoholic
Beverages within the City.
WHEREAS, after required notice was published, a public hearing was held on the
10th day of May, 2004 at 7:15 p.m. to hear and enact revisions to Chapter 3, Alcoholic
Beverages, as previously enacted within the Code of Ordinances for the City of Atlantic
Beach, Florida.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The above Recitals are hereby incorporated as Findings of Fact in
support of this Ordinance.
SECTION 2. Chapter 3, Alcoholic Beverages is hereby repealed in its entirety and
replaced with new Chapter 3, attached hereto as Exhibit A.
SECTION 3. The sale, consumption and possession of Alcoholic Beverages shall be
ftu~ther regulated by Chapters 561-565, Florida Statutes. Any other local regulations and
ordinances, which may indirectly regulate the sale, consumption and possession of Alcoholic
Beverages, remain in effect.
Ordinance Number 10-04-22 Page 1 of 2
SECTION 4. This Ordinance shall take effect immediately upon its final passage
and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of
Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes.
Passed on first reading by the City Commission of the City of Atlantic Beach this 26th
day of April, 2004. Passed on final reading and public hearing this 10th day of May,
2004.
Ap roved as to form and correctness:
AN SEN, ESQUIRE
City A~ rney
ATTEST:
MA EN KINO ~, ~.
City Clerk ~
Ordinance Number 10-04-22 Page 2 of 2
EXHIBIT A
Chapter 3
ALCOHOLIC BEVERAGES
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 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.
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).
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-premise Consumption shall mean consumption of Alcoholic Beverages not occurring on
the Licensed Premises.
On-premise 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.
Page 1 of 4
Exhibit A to Ordinance Number 10-04-22
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.
Sec. 3-3. Persons not holding an Alcoholic Beverage License.
a) 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.
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) 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 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, F.S, in addition to beer and wine, shall be permitted only under the following conditions
and upon the following Licensed Premises.
1) Businesses properly licensed by the City of Atlantic Beach for the retail sale of
Alcoholic Beverages, and
2) Businesses located within the Commercial General Zoning District only and
subject to approval of aUse-by-Exception in accordance with Section 24-63 of
the City Code.
Page 2 of 4
Exhibit A to Ordinance Number 10-04-22
Sec. 3-5. Premises where sales for On-premise Consumption are permitted.
a) 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, 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 aUse-by-Exception in accordance with Section 24-63.
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 CityCode.
Sec. 3-7. Lighting requirements on premises.
Businesses 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.
Sec. 3-8. Consumption on Licensee's premises.
a) It shall be unlawful for any person(s) to consume Alcoholic Beverages on anyLicensedPremisesexcept:
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
3) within an outdoor seating or dining area contiguous to the building that is owned
or leased, and maintained and controlled by the Licensee.
Sec. 3-9. Consumption and possession of open container upon public property.
a) Except in accordance with following paragraph (b), it shall be unlawful for any
person(s) to consume Alcoholic Beverages upon public properties within the City, or for any
Page 3 of 4
Exhibit A to Ordinance Number 10-04-22
person(s) to be in possession of any open container of an Alcoholic Beverage upon public
properties within the City. Such public 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.
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.
3) The applicant fora 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 interests 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.
Page 4 of 4
Exhibit A to Ordinance Number 10-04-22