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HomeMy WebLinkAbout3271 ORDINANCE NO. 3271 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, DELETING THE CITY CODE CHAPTER 3, ALCOHOLIC BEVERAGES, SECTION 3-1 THROUGH 3-23; ADOPTING A CITY CODE CHAPTER 3, PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ENACrMD BY ~ PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: The Alcoholic Beverage Ordinance of the City of Sanford, Florida, Section 3-1 through 3-23 of the City Code, be and the same is hereby deleted. SECTION 2: That the City Code is hereby amended by the addition of Chapter 3, Alcoholic Beverages. SECTION 3: Definitions. The definitions contained in the beverage law of the state (F.S. §561.01 et seq.) shall apply to the terms used in this chapter. The meaning and intent of the words and terms used in the beverage law of the state as the same have been interpreted by the courts of this state, the Attorney General, and the State Director of the Division of Alcoholic Beverages and Tobacco of the Department of Business Regulation, shall be the same for the City. SECTION 4: Required. (A) No beverages containing alcohol of more than one percent by weight shall be held and kept for sale within the City, except by persons holding a valid certificate of registration issued by the City, permitting the sale of such beverages. (B) Each certificate shall be valid and operative for only one place of business, the location of which shall be described in the certificate and no beverages shall be permitted to be sold except at such place. (C) The fee for the certificate shall be set by resolution of the City Commission. SECTION 5: Hours of Sale. (A) Generally. No alcoholic beverage may be sold, consumed or served or permitted to be served or consumed in any place holding a beverage license under the laws of the state between the hours of 2:00 a.m. and 7:00 a.m. immediately following on Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, Or Saturday, or between the hours of 7:00 a.m. and 10:00 a.m. on Sunday. All time is Eastern standard time or Eastern daylight saving time, whichever is in effect. (B) Prohibited sales. No beverage license under the laws of the state, nor any agent or employee of a licensee, shall sell, offer for sale, deliver, serve or permit to be consumed or taken away, any alcoholic beverages of any kind during the prohibited hours as stated in this chapter. (C) It shall be a violation to sell or purchase alcoholic beverages within the City at any other time than as set forth in Subsection (A) of this Section. A violation of this Section shall be punishable as prescribed by state law. SECTION 6: Closing hours and procedures. (A) All persons holding a beverage license and operating a place of business in which alcoholic beverages are sold within the City shall not keep the place open except during the hours authorized in Section 5 unless the establishment is to be kept open for purposes other than the sale of alcoholic beverages. (1) Any establishment solely in the business of selling alcoholic beverages, such as bars, saloons, taverns, pubs, lounges, package stores, entertainment establishments and the like, shall, at the time for closing specified in Section 5, cause all outside lights on the premises occupied to be extinguished and shall cause all entrances and exits, other than fire exits, to be locked. The entrances and exits shall not be opened thereafter during the prohibited hours except to admit the owner and his employees or to allow their egress or the egress of customers. (2) Businesses selling goods other than alcoholic beverages shall secure their alcoholic beverage stock so that customers may not obtain access thereto during the hours prohibited by Section 5. However, if securing the stock is not practical, the owner shall, during the prohibited hours, post conspicuous and clearly legible notices advising customers that the alcoholic beverages may not be sold and advising customers that it is a misdemeanor to sell or purchase alcoholic beverages during the hours prohibited by Section 5. (B) Customers who are within the establishment at the required --2-- Ordinance No. 3271 time of closing who have prior thereto purchased or have been served with any single drink of alcoholic beverage and have not completed the consumption thereof shall be permitted to remain an additional 30 minutes for the purpose of consumption. The customers shall then be required to leave the establishment by the owner or his employees unless the establishment is to remain open for purposes other than the sale of alcoholic beverages. In that event, the owner or his employees shall not be required to extinguish exterior lights or lock the doors of the establishment, but they shall remove all drinks containing alcoholic beverages from all tables and bars and shall require all customers to surrender all drinks containing alcoholic beverages to them for removal within 30 minutes after closing time. Nothing in this Section shall be construed to permit any establishment or person to sell or serve alcoholic beverages during prohibited hours. SECTION 7: Distance restrictions. (A) Between Bottle Clubs4 No certificate Of registration for a bottle club shall be issued to any applicant to operate a business at a location within one thousand (1,000) feet of any location for which a certificate of registration for a bottle club has already been issued and is in force. (B) Churches. No certificate of registration for the sale of beer, wine and liquor for consumption on the premises or for a bottle club shall be issued to any applicant to operate a business at a location within two thousand (2,000) feet of any established (as opposed to temporary) church, which distance shall be measured by following the shortest route of ordinary pedestrian travel along a public right-of-way from the proposed main entrance of the applicant to the main entrance of any established church. A temporary church is one located for a limited period of time in a building typically utilized for other purposes. The provisions of this section shall not apply to vendors who are also licensed by the State of Florida and the City of Sanford as a restaurant and whose state alcoholic beverage license requires that a certain percentage of the business sales be derived from --3-- Ordinance No. 3271 food sales. (C) Schools. No certificate of registration for the sale of beer, wine and liquor for consumption on the premises or for a bottle club shall be issued to any applicant to operate a business at a location within two thousand (2,000) feet of a public or a private school, duly accredited and offering any of the grades from kindergarten through the twelfth grade, which distance shall be measured by following the shortest route of ordinary pedestrian travel along a public right-of~way from the proposed main entrance of the applicant to the nearest point of the school grounds normally and regularly used in connection with the school program. The provisions of this section shall not apply to vendors who are also licensed by the State of Florida and the City of Sanford as a restaurant and whose state alcoholic beverage license requires that a certain percentage of the business sales be derived from food sales. SECTION 8: Consumption, possession generally. (A) Parks, similar areas. It shall be unlawful for any person to consume or to have in his/her possession any alcoholic beverages in a publicly owned park or recreation area, or on any public school property, or at any municipally owned and operated recreation centers or swimming pools. (B) Other areas generally: (1) It shall be unlawful for any person to consume or have in his/her possession any alcoholic beverages in any open container on any public street, thoroughfare, sidewalk (except in a licensed sidewalk care), or on any public or semi- public parking facility in the City. It shall be unlawful for any person to have in his/her possession any alcoholic beverages in any open container while in or on any motor vehicle on any public or semi-public parking facility in the city. Pursuant to a special event permit approved by the city commission or its designee the dispensing and consumption of beer, as defined in state law, and/or wine, as defined in state law, will be permitted in public or semi-public areas under the following conditions: (a) The special event permit Ordinance No. 3271 shall have a duration of no longer than two (2) days (forty-eight (48) hours); however, the number and hours during which the dispensing of the alcoholic beverage(s) may occur each day shall be determined by the City Manager. (b) The persons responsible for dispensing the alcoholic beverages permitted shall comply with all local, state and federal laws related to the dispensing and consumption of the permitted alcoholic beverages. (2) In addition to the prohibitions contained in subsection (B)(1), no person shall consume or have in his/her possession any alcoholic beverages in an open container on any other privately owned property, except as a lawful guest and with the consent of the owner or person in charge of such privately owned property. SECTION 9: Bottle Clubs. (A) The term "bottle clubs" is defined herein as it is defined in the Florida Statutes. (B) As relates to a bottle club, the following are prohibited: (1) Possession on the premises of the bottle club of untaxed beverages as defined in F.S. ~ 562.01; (2) Storage of alcoholic beverages on the premises of the bottle club during the hours when the premises are closed; (3) The entry and presence of persons under twenty-one (21) years of age during the hours when alcoholic beverages are permitted on the premises of the bottle club; (4) A bottle club also operating as a teen center must close for four (4) hours after operating as a teen center and before doing business as a bottle club. SECTION 10: Revocation; notice; hearing. All certificates shall be revocable by the City Commission upon sufficient cause appearing on the violation by any vendor of Ordinance No. 3271 this Code or of any laws of the state; or of such vendor maintaining a nuisance or unsanitary premises or engaging in or permitting disorderly conduct on the premises. No certificate, however, shall be revoked except after notice given to the vendor, and, if requested by the vendor, a public hearing before the City Commission. SECTION 11: SEVERABILITY. If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section Or part of this ordinance. SECTION 12: CONFLICTS. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 13: EFFECTIVE DATE. That this ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this ~ day of October, A.D., 1995. ATT~ ~ - DEpLjTyA~y~LER~(( ,- ~ ~ City of Sanford, Florida CERTIFICATE Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. j~/, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the q/~ day of October, 1995, was posted at the front door of the City Hall in the City of Sanford, Florida, on the Y~ ~ day Of October, 1995. As t~ty Clerk of the City of Sanford, Florida --6-- Ordinance No. 3271