The definitions contained in the beverage law of the State are the same definitions of terms as are used in this chapter.

(Code 1976, § 4-1; Ord. No. 34, § 1(1), 11-6-1963; Ord. No. 12-19, § 1, 6-25-2012; Ord. No. 18-06, § 3(Exh. A), 2-12-2018)

(a)

Authority. Pursuant to F.S. § 562.14(1), the City Commission, in this chapter establishes and prescribes the only hours during which alcoholic beverages may be purchased, sold, served, or consumed, or permitted to be served or consumed on premises located within the incorporated area of the City of Alachua and holding an alcoholic beverage license under the laws of Florida.

(b)

Permitted hours of sale for off-premises consumption.

(1)

Hours of sale for off-premises consumption of all alcoholic beverages shall only be permitted on Monday through Saturday between hours of 7:00 a.m. and 2:00 a.m. on the following day.

(2)

Hours of sale for off-premises consumption of all alcoholic beverages shall only be permitted on Sunday between the hours of midnight and 2:00 a.m. and 7:00 a.m. and 11:00 p.m.

(c)

Prohibited hours of sale for on-premise consumption at business or club. It shall be unlawful for any person to sell to or to consume or to permit the consumption of any alcoholic beverage on the premises of any business or club open to the public, which business or club is licensed by the State and caters to or allows the on premise consumption of alcoholic beverages, between the hours of 2:00 a.m. and 7:00 a.m. on Tuesday, Wednesday, Thursday, Friday, Saturday or Sunday and between the hours of 11:00 p.m. on Sunday and 7:00 a.m. on the following Monday. However, when December 31 occurs on a Sunday, such sale, consumption or service of alcoholic beverages shall be permitted to continue from 11:00 p.m. of that Sunday until 2:00 a.m. immediately following on Monday. All time is Eastern Standard Time or Eastern Daylight Saving Time, whichever is in effect. Within this section, the term "premises" shall mean the physical facilities, improvements, or buildings where the business or club is located and conducted, and any parking lot or other real property available to the business or club. As used herein, the terms "business" and "club" shall mean any place which is open to the public or to which the public is invited.

(Code 1976, § 4-2; Ord. No. 34, § 1(5), 11-6-1963; Mo. of 4-8-1968; Ord. No. O-76-5, §§ 1, 2, 12-2-1975; Ord. No. O-79-2, § 2, 12-18-1978; Ord. No. 12-19, § 1, 6-25-2012; Ord. No. 18-06, § 3(Exh. A), 2-12-2018)

State Law reference— Local regulation of hours of sale, F.S. §§ 562.14(1), 562.14.

It is unlawful for any sale of alcoholic beverage to take place or occur, whether for consumption on or off a premises, within 450 feet of a religious institution, as defined by the City's Land Development Regulations unless authorized by a special event permit issued pursuant to Section 4.6, special events, of the Land Development Regulations (LDRs), or unless authorized for a temporary event where the sale of alcoholic beverages will not exceed a period of three days for a single event. Such distance shall be measured from the center of the main entrance of the licensed premises and follow the most direct public route of pedestrian travel to the center of the main entrance of the religious institution. However, this section shall not apply to those sales of beer and malt beverages for consumption off the premises and for locations that are licensed as restaurants which derive at least 51 percent of gross revenue from the sale of food and nonalcoholic beverages or for a premises licensed on or before July 1, 1999 and continuously operating.

(Code 1976, § 4-3; Ord. No. 34, § 1(5), 11-6-1963; Ord. No. O-76-5, § 2, 12-2-1975; Ord. No. 18-06, § 3(Exh. A), 2-12-2018)

State Law reference— Authority to regulate location of business, F.S. §§ 562.14(2), 562.45(2).

(a)

Except as specifically permitted as set forth in Section 4-4(c), Section 4-3, or as authorized by a special event permit issued in accordance with Sections 2.4.13 and 4.6 of the Land Development Regulations, it shall be unlawful for any person to sell, serve, deliver to another, consume or to have in his or her possession any alcoholic beverage in a municipal park or recreation area or at or on any municipally owned, leased, operated or controlled property or area.

(b)

Except as specifically permitted as set forth in Section 4-3, Section 4-4(c), or as authorized by a special event permit issued in accordance with Sections 2.4.13 and 4.6 of the Land Development Regulations, it shall be unlawful for any person to consume or have in his possession any alcoholic beverage in an open container on any public street, thoroughfare, sidewalk, or on any public parking facilities in the City; nor shall any person consume or have in his possession any alcoholic beverage in an open container on any private property, except as a lawful guest and with the consent of the owner and person in charge of such private property.

(c)

The prohibition of selling, serving, delivering to another, consumption or possession of alcoholic beverage on municipally owned park, recreation area, or property as set forth in Section 4-4(a) shall not apply to the following municipally owned parks, recreation areas, or properties: The Swick House facility, located at 15010 NW 142 Terrace; Alan Hitchcock Park, also known as Theatre Park, located at 14894 Main Street; or Legacy Park and the Legacy Park Multipurpose Center, located at 15400 Peggy Road. The provisions of this section shall be applicable during an event for which one of the municipally owned parks, recreation areas, or facilities as described in this section are facility is rented used in accordance with the following:

(1)

Sale, service, or delivery of any alcoholic beverage for individual personal consumption at a fundraising event sponsored by a governmental entity;

(2)

Sale, service, or delivery of any alcoholic beverage for individual personal consumption by a not for profit entity that charges admission for the event but does not charge for the delivery of alcoholic beverages; or

(3)

As permitted in accordance with a duly executed rental agreement which specifies such terms and conditions and permits the sale, service, or delivery for individual personal consumption during the period of the rental agreement.

(Code 1976, § 4-5; Ord. No. O-75-9, §§ 2, 3, 9-23-1975; Ord. No. 15-07, § 1, 7-13-2015; Ord. No. 18-06, § 3(Exh. A), 2-12-2018; Ord. No. 24-08, § 3(Exh. A), 4-22-2024)

State Law reference— Authority to regulate hours of sale, F.S. §§ 562.14(1), 562.45(2).