1590
the applicant has or will have at the time of issuance of the
city certificate of registration a valid and current Sanford
occupational license. The application shall set forth among
other things the location by street and number of the place at
which the business is to be located and the class of certificate
desired. The application shall be approved or disapproved by
the city manager or by a duly appointed agent of the city
manager.
Sec. 3-3. Refusal of application; hearing.
If an application for a city certificate of registration is
denied, the applicant may upon written notice appeal to the city
coF~ission. Promptly after receiving such notice of appeal, the
city commission shall conduct a full and fair hearing. If in
the opinion of a majority of the city commission the issuance of
the certificate of registration is not in the general welfare of
the city, the application shall be denied.
Sec. 3-4. Transfer.
No certificate shall be transferable except upon a bona
fide sale of the business which is so registered; the vendor may
obtain a transfer of such certificate to the purchaser provided
the purchaser shall prove to the satisfaction of the city
manager that he possesses the qualifications required of a
person to whom a new certificate would be issued and that he is
duly qualified to accept such transfer under the state beverage
law and has secured permission for such transfer by the state
beverage department.
Sec. 3-5. Term.
City certificates of registration shall have a term
commencing October 1 and shall expire on September 30 of each
year.
Seco 3-6. Classification.
Registration shall be in five (5) classes, namely:
(a) Class 1, to sell only beverages containing alcohol of
more than one per cent by weight and not more than
fourteen (14) per cent by weight and wines regardless
of alcoholic content, but only in sealed containers
for consumption off premises.
(b) Class 2, to sell beverages regardless of alcoholic
content, but only in sealed containers for consumption
off premises.
(c) Class 3, to sell beverages regardless of alcoholic
content for consumption on premises.
(d) Class 4, to sell beverages with an alcoholic content
of more than one (1) per cent and not more than four
and three-tenths (4.3) per cent by weight, commonly
termed beer, in restaurants and eating establishments,
having a seating capacity of not less than twenty (20)
persons, for consumption on premises.
(e) Class 5, to sell only beverages containing. alcohol of
more than one per cent by weight and not more than
fourteen (14) per cent.by weight and wines regardless
of alcoholic content in restaurants and eating
establishments, having a seating capacity of not less
than twenty (20) persons, for consumption on premises
only.
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Sec. 3-7. Limitation of number on Class 2 and3 certificates of
registration issued.
No certificates of registration of Class 2 or Class 3 shall
be issued so that the number of such vendors shall exceed one
such vendor to each twenty-five hundred (2500) residents, or a
major fraction thereof, as shown by the last census either state
or federal; provided, however, such limitation shall in no event
be so as to prohibit the issuance of at least two (2) such
certificates.
Section 3-8. Class 3 "special" certificates of registration.
(a) There shall be no limitation of the number of Class 3
"special" certificates of registration issued to any bona fide
hotel, motel or motor court of not less than one hundred (100)
guest rooms or to any bona fide restaurant containing all
necessary equipment and supplies for and serving full course
meals regularly and having accommodations at all times for
service of two hundred (200) or more patrons at tables and
occupying more than four thousand (4000) square feet of space
and deriving not less than sixty (60) percent of its gross
income per annum from the sale of food providing that if such
restaurant ceases to be a bona fide restaurant as required as a
prerequisite for obtaining such certificate, such certificate
shall be suspended; provided further that no intoxicating
beverage shall be sold under such certificate after the hours of
serving food has ceased.
(b) Any certificate issued to any such hotel, motel, motor
court or restaurant under the provisions of this section shall
not be moved to a new location, such licenses being valid only
on the premises of such hotel, motel, motor court or restaurant.
(c) Any certificate issued for any hotel, motel, motor
court or restaurant under the provisions of this section shall
be issued only to the owner of said hotel, motel, motor court or
restaurant, or, in the event the hotel, motel, motor court or
restaurant is leased, to the lessee of the hotel, motel, motor
court or restaurant and the certificate shall remain in the name
of said owner or lessee so long as the certificate is in
existence.
(d) Any special certificate now in existence heretofore
issued under the provisions of any law of the State of Florida
which may have provided for the issuance of a special beverage
certificate cannot be renewed except in the name of the owner of
the hotel, motel, motor court or restaurant, or in the event the
hotel, motel, motor court or restaurant is leased, in the name
of the lessee of the hotel, motel, motor court or restaurant in
which the certificate is located and must remain in the name of
said owner or lessee so long as the certificate is in existence.
(e) Any certificate issued under this section shall be
marked "special."
Sec. 3-9. Registration fee.
There shall be paid to the city a fee not to exceed one
hundred dollars ($100.00) for the issuance or transfer of
certificates of registration.
Sec. 3-10. Registration-non-profit and private clubs.
All social, fraternal or civic associations or
organizations which occassionaly or intermittently provide
facilities for on premises consumption of alcoholic beverages by
its members and their guests and private clubs as defined in
~561.20(7)(a), Florida Statutes, which are subject to licensing
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by the Florida State Division of Alcoholic Beverages and Tobacco
must obtain a certificate of registration from the city,
however, the registration fee may be waived in the discretion of
the city commission.
Sec. 3-11. Revocation; notice; hearing.
All certificates shall be revocable by the city commission
upon sufficient cause appearing on the violation by any vendor
of 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 certified 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.
ARTICLE II. REGULATING SALE
Sec. 3-12. Hours of sale.
No alcoholic beverages shall be sold, consumed or served,
or permitted to be served or consumed, in any place holding a
certificate under this chapter between the hours of 2:00 a.m.
and 8:00 a.m. the following morning, nor between 2:00 a.m.
Sunday and 8:00 a.m. of the following Monday except as otherwise
provided herein.
(a) In the following classes of establishments, vendors
holding special certificates of registration
permitting the sale of alcoholic beverages regardless
of alcoholic content and where consumption on the
premises only is specified, shall be permitted to sell
and serve alcoholic beverages for consumption prior to
the established closing hour, during the hours of 8:00
a.m. to 2:00 a.m. of the following morning, Monday
through 2:00 a.mo Sunday:
(1) Hotels, motels or motor courts of not less than
one hundred (100) guest rooms.
(2) Restaurants containing all necessary equipment
and supplies for, and serving full course meals
regularly and having accomodations at all times
for two hundred (200) or more patrons at tables
and occupying more than four thousand (4000)
square feet of floor space.
(b) Vendors, including but not limited to those referred
to in (a) above, who hold Class 1 and Class 2
certificates of registration, may sell alcoholic
beverages for consumption off premises during the
hours of 8:00 a.m. to 2:00 a.m. the following morning,
Monday through 2:00 a.m. Sunday.
(c) Vendors who hold Class 1 certificates of registration
may also sell alcoholic beverages for consumption off
premises from 12:00 noon Sunday to 2:00 a.m. Monday.
(d) Vendors who hold Class 3 "special," Class 4 and Class
5 certificates of registration as described in
sections 3-6 and 3-8(a) shall also be permitted to
sell and serve alcoholic beverages for consumption on
the premises only and for consumption prior to the
established closing hour during the hours of 12:00
noon Sunday and 2:00 a.m. Monday.
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The sale, serving or consumption of alcoholic beverages in
any establishment registered to sell alcoholic beverages in
accordance with the provisions of this chapter, during hours
other than those specified herein, is strictly prohibited.
Within the meaning of this section a sale shall be regarded as
being made if the alcoholic beverage is delivered to any person
during prohibited hours, regardless of whether payment therefor
is made at some other time. If any such vendor be a
corporation, then the officers of such corporation shall be
regarded as the owners thereof for purposes of enforcement of
this chapter.
Sec. 3-13. Location of vendors near school or church.
No Class 3 certificate of registration shall be issued to
any applicant to operate any such business at a location within
one thousand (1000) feet of any location for which a Class 3
certificate of registration has already been issued and is in
force; or within two thousand (2,000) feet of any established
school or church. However, the provisions of this section shall
not apply to vendors either holding or meeting the requirements
to hold a Class 3 "special" certificate of registration, as
provided for in this chapter. The distances required in this
section 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 church or Class 3 vendor, and in the case of a school, to
the nearest point of the school grounds in use as part of the
school facilities.
Sec. 3-14. Minors.
It shall be unlawful:
(a) For any minor of less than nineteen (19) years of age
to enter the premises of any vendor for the purpose of
purchasing or having served or delivered to him or her
any liquor, wine, beer or alcoholic beverage.
(b) For any minor of less than nineteen (19) years of age
to misrepresent his or her age for the purpose of
inducing any vendor or any employee of the vendor to
sell or serve any liquor, beer, wine or alcoholic
beverage to him or her.
(c) For any minor of less than nineteen (19) years of age
to purchase, or attempt to purchase or have another
purchase for him or her any liquor, wine, beer or
other alcoholic beverage at the premises of a vendor.
(d) For any parent or guardian to intentionally permit any
minor child of whom he or she may be a parent or
guardian to violate the provisions of this section.
(e) For any vendor to fail to display at all times in a
prominent place in the place of business of such
vendor a printed card which shall read substantially
as follows:
"WA~qING TO MINORS
Male or female persons under 19 years of age under
city ordinance, are subject to fine if they:
(1) Enter any premises to buy or have served to
them alcoholic beverages.
(2) Purchase or attempt to purchase or get another to
purchase alcoholic beverages.
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(3) Misrepresent their age for the purpose of
purchasing or obtaining alcoholic beverages."
(f) For any vendor to sell, serve or distribute in any
form or by any method any alcoholic beverage to any
minor of less than nineteen (19) years.
Sec. 3-15. Sales prohibited to habitual drunkard or intoxicated
person; written notification by next of kin.
(a) No person shall sell or furnish any intoxicating
liquors, wines or beer in any quantity to a habitual drunkard
personally known to him, her, it or them, or of whose
intemperate habits such seller has been notified in writing
protesting against the selling or furnishing of such
intoxicating liquors, wine or beer, by the spouse, father,
mother, brother or sister of such drunkard.
(b) No person shall sell or cause to be sold or furnished
or permit any person in his, her, its or their employ to sell or
furnish any minor, female, or any person who is at the time
intoxicated or drunk, intoxicating liquor, wine or beer, in any
quantity.
Sec. 3-16. Revenue stamps required.
It shall be unlawful for any person to sell or offer for
sale or to have in his possession within the city any beverages
on which state and federal revenue stamps are required unless
the bottle or container in which said beverages are contained
shall have affixed to it the required stamps.
Sec. 3-17. Inspection and search of premises without warrant.
Every holder of a certificate of registration under this
chapter shall, by accepting the certificate, agree that the
place of business specified in the certificate shall during
business hours, always be subject to be inspected and searched
without search warrant by any police officer of the city.
Sec. 3-18. Disorderly maintenance of premises.
It shall be unlawful for the holder of any certificate
under this chapter to permit, allow or suffer the place of
business specified in the certificate to become disorderly or
disreputable or so noisy as to annoy or disturb residents in the
vicinity thereof, or to become a nuisance in any respect.
Sec. 3-19. Illegal transportation; forfeiture.
Any vehicle, vessel, aircraft or any animal used in the
transportation or removal of, or for the deposit or concealment
of any illicit liquor still or stilling apparatus or any mash,
wort, wash or other fermented liquids capable of being distilled
or manufactured into an alcoholic beverage containing more than
one per cent alcohol by weight, or any alcoholic beverage,
con~only known and referred to as moonshine whiskey, where
seized by a municipal officer within the corporate limits of the
city shall be forfeited, as provided for by the general state
law, and all sums received therefrom shall go into the general
operating fund of the city.
Sec. 3-20. Bottle clubs prohibited.
(a) Definitions. For the purpose of this section the
following definition of terms shall control:
(1) Bottle club shall mean and include any place or
establishment:
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a. For the purposes of this part, a "bottle club" is
a business establishment providing facilities for
the consumption of alcoholic beverages by its
patrons on the premises, but not registered to
sell alcoholic beverages, without regard as to
whether the patrons are required to be members of
the bottle club. A "bottle club" does not
include a social, fraternal or civic association
or organization which only ocassionally or
intermittently provides facilities for
on-premises consumption of alcoholic beverages by
its members and their guests and is not
registered to sell alcoholic beverages. Nor
shall this definition be deemed to preclude o5
prohibit the operation of private clubs as
defined in Section 561.20(7)(a), Florida
Statutes.
b. Alcoholic beverage shall mean and include all
beverages containing more than one per cent of
alcohol by weight.
(b) All bottle clubs are prohibited from operation in the
City of Sanford, Florida.
(c) This section shall not be construed to affect, nor is
it intended to affect, those places or establishments whose
hours are established or controlled pursuant to Chapter 562.14,
Florida Statutes.
Sec. 3-21. Violation of state law a violation of this chapter.
Each and every violation of the laws of the state relating
to the sale of alcoholic beverages, is hereby specifically made
a violation of this chapter and subject to the same penalties as
provided by state law with the same force and effect as if the
provisions of the laws were fully set forth herein.
Sec. 3-22. Penalty for violations.
Any person who shall violate any of the provisions of this
chapter shall be punishable as provided by section 1-8 of this
Code, and in case the offender is the holder of a vendor's
certificate the city commission may also revoke such
certificate.
SECTION 2: If any section or portion of a section of
this ordinance proves to be invalid, unlawful, or
unconstitutional, it shall not be held to invalidate or impair
the validity, force or effect of any other section or part of
this ordinance.
SECTION 3: All ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
SECTION 4: This ordinance shall become effective
immediately upon its passage and adoption.
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PASSED AND ADOPTED this 22nd day of February ,
A.D. 19.82 -
he
City of Sanford, Florida
CERTIFICATE
I, H. N. Tamm, It., City Clerk of the City of Sanford,
!Florida, do hereby certify that a true and correct copy
of the foregoing Ordinance No. 1590, PASSED and ADOPTED
by the City Commission of the City of Sanford, Florida,
on the 22nd day of February, 1982, was POSTED at the
front door of the City Hall in the City of Sanford,
Florida, on the 24th day of February, 1982.
City of Sanford, Florida
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