3271 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
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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
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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
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Ordinance No. 3271