The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverage means all beverages containing more than one-half of one percent of alcohol by volume.

Beach means the zone of unconsolidated material that extends landward from the mean low-water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves.

Beer means brewed alcoholic beverages containing malt.

Coastal barrier sand dunes means mounds or ridges of loose sand and sand-sized sediment lying upland of the beach or shore, and deposited by any natural or artificial mechanism, which support vegetation including but not limited to sea oats, spanish bayonet, railroad vine, sea grape, saw palmetto and prickly pear cactus.

Commercial establishment means a business or location that may have not only rooms where alcoholic beverages are stored or sold by a licensee, but also all other rooms in the building which are so closely connected therewith as to admit free passage from any drinking area to other rooms over which the licensee has some dominion or control, and shall also include all of the area embraced within the sketch, appearing on or attached to the application to the state department of business regulation, division of alcoholic beverages and tobacco, for the license involved and designated as such on the sketch.

Gross revenue means all money and other things of value received by or paid to the operator of a restaurant from the retail sale of beer, wine, prepared food, and non-alcoholic beverages without regard to whether such receipts are represented by check, credit, charge account, exchange, or otherwise. Gross revenue shall not include direct taxes which are passed on to and paid by the patrons (such as sales tax), or revenue generated from catering services. Gross revenue also shall not include tips and gratuities paid by customers to and retained by employees of the operator, for which such employees are not accountable to the operator, whether or not such tips are credited against wages owed by the operator to such employees. No income tax, franchise tax, tangible or intangible tax, or other tax based on the income, profits, or assets of the operator will be deducted from gross revenue. Each charge or sale on installment or credit is to be treated as a sale for the full price on the date the charge or sale is made, regardless of when the operator actually receives payment.

Liquor means those substances such as rum, whiskey, gin, mezcal, tequila, brandy, vodka, and fortified wines and which is referred to as "liquor" in the regulations of the Florida Division of Alcoholic Beverages and Tobacco.

Operator means the person or entity, or combination of persons and entities, operating a commercial establishment or restaurant on the premises who either holds or has applied for a license to sell or dispense alcoholic beverages from the premises.

Package store shall mean a licensed place of business where alcoholic beverages are sold in the original sealed containers as received from the distributor for consumption off the premises only, when such alcoholic beverages include beer, wine and liquor as defined under the rules of the Division of Alcoholic Beverages and Tobacco.

Parks includes Bay Front Park, located on Tampa Bay from Lake La Vista Channel on the southerly end to Hibiscus Road on the northerly end; Gulf Front Park, located on the Gulf of Mexico from Oak Avenue on the southerly end to Magnolia Avenue on the northerly end; City Hall Park, the land surrounding the Anna Maria City Hall, bounded by Spring Avenue, Gulf Drive, and Pine Avenue; and City Pier Park, located at the northeast corner of Pine Avenue and North Bay Boulevard.

Premises means land including buildings and its appurtenant structures; and property, so long as same are included in the licensed premises for purposes of its state alcoholic beverage license.

Restaurant means a commercial establishment engaged primarily in selling and serving prepared food and non-alcoholic beverages to the general public at retail.

Sale of alcoholic beverages means any transfer of an alcoholic beverage for a consideration, any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under the state beverage law.

Wine means all beverages made from fresh fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added, in the manner required by the laws and regulations of the United States, and includes all sparkling wines, champagnes, any combination of the aforesaid beverages, vermouths and like products. Specifically excluded from this definition are "fortified wines" containing more than 17.259% of alcohol by volume.

(a)

It shall be unlawful for any person to sell or offer for sale, serve or dispense any alcoholic beverages in the city in any place or establishment licensed by the state for the sale of alcoholic beverages except during the hours of 7:00 a.m. to 2:30 a.m. of the following day.

(b)

It shall be unlawful for patrons of establishments referred to in subsection (a) of this section to be allowed to occupy the premises beyond 3:00 a.m., which is one-half hour past the specified final hour of customer service.

(Ord. No. 475, § 1, 1-20-87; Ord. No. 524, § 3-1, 4-28-92; Ord. No. 2000-579, § 1, 3-23-00; Ord. No. 2022-901, § 2(Exh. A), 7-14-22)

Cross reference— Definitions generally, § 1-2.

Editor's note— Ord. No. 2022-901, § 2(Exh. A), adopted July 14, 2022, repealed § 114-502, which pertained to hours of business operation and derived from Ord. No. 475, § 2, 1-20-87; Ord. No. 2000-579, § 3, 3-23-00.

(a)

It shall be unlawful for any person to consume or possess open containers of beer, wine, alcoholic beverages or intoxicating liquors in, on, upon or along any street, alley, sidewalk, beach, coastal barrier, sand dune, beach access, public parking lot open to the public, or park within the city, except as provided in subsection (b) of this section. Further, it shall be unlawful for any person to consume or possess open containers of beer, wine, alcoholic beverages or intoxicating liquors in or upon any area available for use by the public for motor vehicle parking, which area or land is adjacent to, or part of the premises of, any establishment where alcoholic beverages are sold or dispensed or which area is provided for the parking of patrons of the establishment.

(b)

Exceptions. The following exceptions from the provisions of subsection (a) of this section are permitted:

(1)

The Anna Maria Island Community Center is a publicly owned recreational area within the city under lease to Anna Maria Island Community Center, Inc., a Florida nonprofit corporation. The lessee has jurisdiction and control of the property according to the terms of the lease and all applicable city ordinances, and may, in its discretion, permit beer and wine to be served and consumed on the premises. Liquor shall only be permitted as allowed by a special event permit.

(2)

The Island Players building is a publicly owned recreational area within the city under lease to The Island Players, Inc., a Florida nonprofit corporation. The lessee has jurisdiction and control of the property according to the terms of the lease and all applicable city ordinances, and may, in its discretion, permit beer and wine to be served and consumed on the premises. The Anna Maria Historical Society shall also be permitted to serve beer and wine from its location. The City of Anna Maria shall be permitted to serve beer and wine in City Pier Park. Liquor shall only be permitted as allowed by a special event permit in any of those locations.

(3)

The Anna Maria city pier is a publicly owned recreation area within the city with portions under lease. One lessee is licensed to sell beer and wine to pier patrons, and the Anna Maria city pier is excepted from the provisions of subsection (a) of this section subject to the terms and conditions of the lease and all other applicable city ordinances. No alcoholic beverages shall be consumed or possessed on the Anna Maria pier unless they were purchased or served by a pier lessee or otherwise pursuant to a special event permit.

(4)

Any publicly owned property shall be exempt from the provisions of subsection (a) of this section if specifically deemed exempted by a special event permit approved by the city.

(c)

Violation of subsection (a) of this section constitutes a noncriminal violation, punishable as provided in F.S. § 775.083.

(d)

The fine schedules for violations of subsection (a) of this section shall be as set forth by Resolution adopted by the City Commission.

(e)

Violation of subsection (a) constitutes a criminal violation, punishable as provided in F.S. § 775.082(4)(b) or 775.083(1)(e).

(Ord. No. 475, § 3, 1-20-87; Ord. No. 515, § 3-3, 2-5-91; Ord. No. 524, 4-28-92; Ord. No. 96-554, § 1, 8-27-96; Ord. No. 2000-579, § 3, 3-23-00; Ord. No. 2022-901, § 2(Exh. A), 7-14-22)

It shall be unlawful for any person or for the officers, employees, servants or agents of any person holding a vendor's alcoholic beverage license to:

(1)

Serve any alcoholic beverage to any person occupying a motor vehicle, including but not limited to curb service, or to any person within or upon any public street, alley, sidewalk, publicly owned park, public parking lot or publicly owned recreational area within the city, or to any person within or upon any area available for use by the public for motor vehicle parking which area is adjacent to, or part of the premises of, the establishment of such vendor where alcoholic beverages are sold or dispensed or which is provided for the parking of the patrons of such establishment.

(2)

Knowingly permit the consumption of any alcoholic beverage in violation of section (1) above.

(3)

Operate an establishment where alcoholic beverages are sold or dispensed within the city limits, unless a special use permit is obtained therefor.

(Ord. No. 475, § 4, 1-20-87; Ord. No. 96-550, 3-26-96; Ord. No. 2000-579, § 3, 3-23-00; Ord. No. 2022-901, § 2(Exh. A), 7-14-22)

State Law reference— Authority to regulate location of alcoholic beverage establishments, F.S. § 562.45(2)(a); curb service of intoxicating liquor prohibited, F.S. § 562.452.

(a)

Permitting indecent exposure. It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the incorporated area of the city at which alcoholic beverages are offered for sale for consumption on the premises to permit:

(1)

Any female person, while on the premises of the commercial establishment, to expose to the public view that area of the human female breast at or below the areola thereof; provided, however, this section shall not be applied to a nursing mother, immediately before, immediately after, or while nursing a baby.

(2)

Any female persons, while on the premises of the commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast at or below the areola thereof;

(3)

Any person, while on the premises of the commercial establishment, to expose to public view his or her genitals, pubic area, buttocks, anus, or anal cleft;

(4)

Any person, while on the premises of the commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, or anal cleft.

(b)

Exposing oneself.

(1)

It shall be unlawful for any female person, while on the premises of a commercial establishment located within the incorporated areas of the city at which alcoholic beverages are offered for sale for consumption on the premises, to expose to the public view that area of the human female breast at or below the areola thereof, or to employ any device or covering which is intended to give the appearance of or simulate such area of the female breast as described in this subsection provided, however, this section shall not be applied to a nursing mother, immediately before, immediately after, or while nursing a baby.

(2)

It shall be unlawful for any person, while on the premises of a commercial establishment located within the incorporated areas of the city at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his or her genitals, pubic area, buttocks, anus or anal cleft, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft.

(Ord. No. 475, § 5, 1-20-87; Ord. No. 2000-579, § 3, 3-23-00; Ord. No. 2022-901, § 2(Exh. A), 7-14-22)

State Law reference— Authority to regulate conduct, F.S. § 562.45(2)(b); lewdness, indecent exposure, F.S. § 800.02 et seq.

All establishments that sell or offer alcoholic beverages shall be located within the commercial (C-1) and/or residential-office-retail (ROR) zoned areas.

(Ord. No. 524, § 3-6, 4-28-92; Ord. No. 2000-579, § 3, 3-23-00; Ord. No. 2022-901, § 2(Exh. A), 7-14-22)

(a)

The operator of a restaurant who desires to dispense beer and wine must apply for a special use permit provided such restaurant will continuously meet the following criteria:

(1)

The restaurant shall not sell or dispense any alcoholic beverages other than beer and wine without regard to the nature or extent of the alcoholic beverage license held by the operator of the restaurant.

(2)

The restaurant shall derive at least 60 percent of its gross revenue on a bi-monthly basis from the retail sale of prepare food and non-alcoholic beverages.

(3)

Full course meals must be available at all times when the restaurant is serving beer or wine except the restaurant may continue to serve beer and wine until food service is completed to the final seating of restaurant patrons for full course meals. A full course meal as required by this subparagraph (3) must include a salad or vegetable, an entree, a beverage and bread.

(4)

The premises where the restaurant is located shall not have an area where the primary purpose is to serve beer and wine.

(5)

The restaurant shall have the burden of demonstrating that it continuously qualifies for the exclusion set forth in this paragraph (a) by maintaining the records described in paragraph (c) below.

(6)

The operator of the restaurant must hold a license issued by the State of Florida which permits the sale of beer and wine, and must remain in full compliance with the requirements of that license.

(b)

The operator of a restaurant who desires to dispense liquor must apply for a special use permit, provided such restaurant meets and will continuously meet the following criteria:

(1)

Prior to application, the restaurant has held a special use permit for beer and wine for a minimum of five years, and has complied with all of the requirements of section 114-507(a) above.

(2)

During the five years immediately preceding the submittal of the application, the city special magistrate has not made three or more determinations during any one year period that the restaurant premises was in violation of the city's ordinances related to noise, alcoholic beverages or nuisances.

(3)

The restaurant shall continue to meet the requirements of section 114-507(a) above.

(4)

Upon approval, of the special use permit created by this paragraph, the restaurant's existing special use permit to dispense beer or wine between the hours of 7:00 a.m. and 2:30 a.m., shall be deemed abandoned. Thereafter, it shall be a condition of the special use permit created by this paragraph, that the hours of dispensing all alcoholic beverages, shall be limited to between the hours of 10:00 a.m. and 10:00 p.m.

(c)

The operator of a restaurant who is granted a special use permit to sell or dispense beer and wine and/or other alcoholic beverages pursuant to the exclusions set forth in paragraphs (a) and (b) above shall maintain books and records which clearly demonstrate that the restaurant continuously meets the requirements for the exclusion. Separate records shall be maintained for the sale of all alcoholic beverages, and for the sale of prepared food and non-alcoholic beverages. The records shall be maintained on the premises where the restaurant is located, or other designated place approved in writing by the city, and shall be open for inspection by the city during normal business hours. The records required to be kept shall be legible, clear and in the English language. Records maintained in an electronic form shall be promptly provided to the city in written form at the sole expense of the operator of the restaurant. The city shall have the right to periodically inspect the records maintained in accordance with this paragraph (c) to assure that the restaurant continuously complies with the requirements of subparagraph (a)(2) above.

(d)

Vendors operating places where beer is sold only for consumption off the premises, as authorized in F.S. § 563.02, or any successor statute, may sell wine for off the premises consumption only.

(Ord. No. 2000-579, § 4, 3-23-00; Ord. No. 03-614, § I, 12-18-03; Ord. No. 13-759, § 2, 7-25-13; Ord. No. 2022-901, § 2(Exh. A), 7-14-22)

(a)

The operator of any restaurant which desires to sell or dispense beer and wine and/or other alcoholic beverages shall first apply for and receive a special use permit in accordance with this section.

(b)

The application for a special use permit shall be in writing and shall use the application form supplied by the city if such form is available. The application shall include, and shall be subject to, the following:

(1)

The full legal name of the operator(s).

(2)

The street address of the restaurant where beer and wine and/or other alcoholic beverages will be sold or dispensed if the special use permit is granted.

(3)

The zoning district in which the restaurant is located.

(4)

a.

A copy of the alcoholic beverage license issued by the State of Florida to the operator of the restaurant, if such license has been issued at the time of application; or

b.

A copy of the application to the State of Florida for an alcoholic beverage license filed by the operator of the restaurant, and an agreement by the operator to provide a copy of the license to the city immediately after it is issued.

c.

A copy of the special use permit for beer and wine and/or other alcoholic beverages issued by the city (if applicable).

(5)

A statement by the operator setting forth in detail why the operator reasonably believes in good faith that the restaurant will be able to continuously meet the criteria set forth in section 114-507.

(6)

Such additional information as the city commission deems necessary to assure that the restaurant can be reasonably expected to continuously meet the criteria set forth in section 114-507.

(7)

The application shall be given under oath affirming that the operator is aware of the criteria set forth in section 114-507, that the operator has concluded in good faith that the restaurant can be operated in continuous compliance with the criteria set forth in section 114-507, and that the operator will maintain the records required by section 114-507 and will make those records available for inspection by the city.

(8)

The application shall be accompanied by the application fee established by the city.

(c)

The city commission shall review and either approve or deny the special use permit application within a reasonable period of time following receipt. The application shall be granted if it complies with the requirements of subsection (b) above. The city commission shall not have the authority to attach conditions to the approval, waive or modify the requirements or criteria set forth in section 114-507, or exercise any discretionary authority except with regard to the completeness of the application. If the application is denied, the city clerk shall furnish the applicant with a written statement setting for the reasons for denial.

(d)

Each special use permit issued in accordance with this section shall be renewed annually by the city clerk upon receipt of (i) a copy of the operator's current alcoholic beverage license issued by the State of Florida; (ii) the operator's written affirmation under oath that the restaurant subject to the special use permit has been in continuous compliance with the criteria and record keeping requirements of section 114-507, and (iii) the renewal fee established by the city.

(e)

The special use permit shall be issued for the premises where the restaurant is located, shall not be personal to the operator of the restaurant, and shall not be transferable to another location. The special use permit shall be transferable to another operator of the restaurant which is the subject of the permit without the prior consent of the city. However, the transferee of the permit shall give the city written notice of any such transfer within ten days following the effective date of the transfer, which notice shall include a copy of the transferee's alcoholic beverage license issued by the State of Florida.

(Ord. No. 2000-579, § 4, 3-23-00; Ord. No. 13-759, § 3, 7-25-13; Ord. No. 2022-901, § 2(Exh. A), 7-14-22)

(a)

The operator of any commercial establishment which desires to sell or dispense alcoholic beverages including liquor for off -premises consumption shall first apply for and receive a special use permit in accordance with this section.

(b)

The application for a special use permit shall be in writing and shall use the application form supplied by the city if such form is available. The application shall include, and shall be subject to, the following:

(1)

The full legal name of the operator(s).

(2)

The street address of the establishment where alcoholic beverages will be sold if the special use permit is granted. The establishment must not be located within one-half mile from any other establishment that sells liquor that was permitted after June 1, 2022. Nothing herein shall be construed to affect the ability of any establishment permitted before or on June 1, 2022 to sell alcoholic beverages in the city.

(3)

The zoning district in which the commercial establishment is located.

(4)

a.

A copy of the alcoholic beverage license issued by the State of Florida to the operator of the commercial establishment, if such license has been issued at the time of application; or

b.

A copy of the application to the State of Florida for an alcoholic beverage license filed by the operator of the commercial establishment, and an agreement by the operator to provide a copy of the license to the city immekdiately after it is issued.

(5)

A site plan showing the location of the commercial establishment and the distances from any other commercial establishments (not including restaurants) that currently sell liquor. No special use permit shall be granted to a commercial establishment that is located within a radius of one-half mile from any other commercial establishment that sells liquor.

(6)

The application shall be given under oath affirming the truth of all information provided.

(7)

The application shall be accompanied by the application fee established by the city by resolution.

(c)

The commission shall review and either approve or deny the special use permit application within a reasonable period of time following receipt. The application shall be granted if it complies with the requirements of this article. The commission shall not have the authority to attach conditions to the approval, waive or modify the requirements or criteria set forth herein, or exercise any discretionary authority except with regard to the completeness of the application. If the application is denied, the city planner/clerk shall furnish the applicant with a written statement setting forth the reasons for denial.

(d)

Each special use permit issued in accordance with this section shall be renewed annually by the city clerk upon receipt of (i) a copy of the operator's current alcoholic beverage license issued by the State of Florida; and (ii) the renewal fee established by the city by resolution. Then current permit holders shall be granted 60 days after the date for renewal to complete the renewal process, after which other applicants shall be eligible to apply for a permit as if the then current permit holder did not have a permit. This provision shall not be construed to allow more than one permit within any one-half mile radius within the city.

(e)

The special use permit shall be issued for the premises where the commercial establishment is located, shall not be personal to the operator of the commercial establishment, and shall not be transferable to another location. The special use permit shall be transferable to another operator of the special use permit which is the subject of the permit without the prior consent of the city. However, the transferee of the permit shall give the city written notice of any such transfer within ten days following the effective date of the transfer, which notice shall include a copy of the transferee's alcoholic beverage license issued by the State of Florida.

(Ord. No. 2022-901, § 2(Exh. A), 7-14-22)

Editor's note— Ord. No. 2022-901, § 2(Exh. A), adopted July 14, 2022, repealed the former § 114-509, and enacted a new § 114-509 as set out herein. The former § 114-509 pertained to enforcement and derived from Ord. No. 2000-579, § 4, 3-23-00; Ord. No. 13-759, § 4, 7-25-13.

(a)

The operator of any commercial establishment which desires to sell or dispense beer and wine, but not including liquor, for off-premises consumption shall first apply for and receive a special use permit in accordance with this section.

(b)

The application for a special use permit shall be in writing and shall use the application form supplied by the city if such form is available. The application shall include, and shall be subject to, the following:

(1)

The full legal name of the operator(s).

(2)

The street address of the establishment where alcoholic beverages will be sold if the special use permit is granted.

(3)

The zoning district in which the commercial establishment is located.

(4)

a.

A copy of the alcoholic beverage license issued by the State of Florida to the operator of the commercial establishment, if such license has been issued at the time of application; or

b.

A copy of the application to the State of Florida for an alcoholic beverage license filed by the operator of the commercial establishment, and an agreement by the operator to provide a copy of the license to the city immediately after it is issued.

(5)

A site plan showing the location of the commercial establishment and the distances from any other commercial establishments (not including restaurants) that currently sell liquor.

(6)

The application shall be given under oath affirming the truth of all information provided.

(7)

The application shall be accompanied by the application fee established by the city by resolution.

(c)

The commission shall review and either approve or deny the special use permit application within a reasonable period of time following receipt. The application shall be granted if it complies with the requirements of this article. The commission shall not have the authority to attach conditions to the approval, waive or modify the requirements or criteria set forth herein, or exercise any discretionary authority except with regard to the completeness of the application. If the application is denied, the city planner/clerk shall furnish the applicant with a written statement setting forth the reasons for denial.

(d)

Each special use permit issued in accordance with this section shall be renewed annually by the city clerk upon receipt of (i) a copy of the operator's current alcoholic beverage license issued by the State of Florida; and (ii) the renewal fee established by the city by resolution.

(e)

The special use permit shall be issued for the premises where the commercial establishment is located, shall not be personal to the operator of the commercial establishment, and shall not be transferable to another location. The special use permit shall be transferable to another operator of the special use permit which is the subject of the permit without the prior consent of the city. However, the transferee of the permit shall give the city written notice of any such transfer within ten days following the effective date of the transfer, which notice shall include a copy of the transferee's alcoholic beverage license issued by the State of Florida.

(Ord. No. 2022-901, § 2(Exh. A), 7-14-22)

Sections relating to special use permits shall be enforceable by the city's special magistrate which is hereby given the specific power to suspend or revoke a special use permit issued in accordance with this article, in addition to all other powers granted to the special magistrate by the city's code of ordinances. The city's special magistrate is specifically authorized to suspend or revoke a special use permit for all alcoholic beverages issued in accordance with this article upon making three or more determinations during any one-year period that the restaurant or commercial establishment premises was in violation of the city's ordinances related to noise, alcoholic beverages or nuisances. Alternatively, the city may commence a civil action in circuit court against the operator of the restaurant or commercial establishment to enjoin a violation of this article, suspend or revoke a special use permit issued pursuant to this article, and obtain such other relief as may be appropriate.

(Ord. No. 2022-901, § 2(Exh. A), 7-14-22)