For the purposes of this chapter, the words and phrases used in this chapter shall have the meanings ascribed to them by the state Alcoholic Beverage Code, F.S. Chapters 561 - 567. In addition to the definitions contained in the state Alcoholic Beverage Code, 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 ESTABLISHMENT. Any establishment which has as its primary business operation the consumption, sales and service of alcoholic beverages for consumption on the premises, including, but not limited to, a bottle club, cocktail bar, hotel bar or nightclub, as those terms are defined in this section.

BONA FIDE RESTAURANT. An establishment with an SRX or special restaurant license issued by the State of Florida or an establishment engaged primarily in the service of food and nonalcoholic beverages, where the sale or service of alcoholic beverages is incidental to the sale and service of food and nonalcoholic beverages and meets all of the following criteria:

(1)

A BONA FIDE RESTAURANT must, during all hours of operation, continually offer food service consisting of full course meals. Full course meals shall include a salad or vegetable, entree and beverage.

(2)

A BONA FIDE RESTAURANT must have full kitchen facilities and preparation staff capable of preparing and serving full course meals during all hours of operation for the full occupant load of its establishment.

(3)

A BONA FIDE RESTAURANT must have a customer service area consisting of tables, chairs or customer counters. The tables or customer counters within the customer service area must be of adequate size to accommodate the service of full course meals.

(4)

In order for tables, chairs or customer counters to be included in the customer service area, the service of full course meals must be available at each seat or chair at each table or customer counter in accordance with the following:

a.

The total number of seats or chairs at the tables, customer counters and bars within the customer service area must be sufficient to accommodate at least 80% of the maximum occupant load of the restaurant.

b.

The maximum occupant load shall be determined in accordance with the provisions of the Florida Building Code or its successor code.

(5)

A BONA FIDE RESTAURANT must have the appropriate license issued by the Division of Hotels and Restaurants as well as all city or county permits required by law, and must meet all local zoning requirements.

BOTTLE CLUB. Any business which does not hold a state license for the sale of alcoholic beverages, but permits its members or customers to bring their own bottles for consumption on the business premises.

COCKTAIL BAR. A place of business licensed under the state beverage law to sell any or all alcoholic beverages for consumption on the premises during the hours permitted under this chapter.

CONSUMPTION OFF THE PREMISES. Consumption of beer, wine or alcoholic beverages of any kind at a place different from the place where purchased.

(Ord. No. 21-18, § 1, 3-19-2018)

CONSUMPTION ON THE PREMISES. Consumption of beer, wine or alcoholic beverages of any kind upon premises where purchased.

(Ord. No. 21-18, § 1, 3-19-2018)

HOTEL BAR. A bar operated in connection with a hotel, apartment hotel, motor court or motel, motel rooms or separate apartments and operated by the same owner or management, such bar being equipped with adequate and sanitary equipment. The hotel bar must be directly connected with the inside of the hotel.

NIGHTCLUB. Any place of business operating after 11:00 p.m. where alcoholic beverages are served and where meals or refreshments may be served, where, in addition to the space occupied by chairs and tables for service of alcoholic beverages and meals or refreshments, there is included a floor space for dancing, a band, orchestra or other form of music or musical entertainment.

REGULATED ESTABLISHMENTS. All places or establishments, within the city, offering for sale beer, ale, wine or alcoholic liquors or beverages of any kind or places or establishments permitting patrons or customers to consume or serve others beer, ale, wine or alcoholic liquors or beverages of any kind. REGULATED ESTABLISHMENTS shall not include private residences or rooms or apartments in motels, hotels or other rentals of similar nature.

(Ord. No. 21-18, § 1, 3-19-2018)

RESTAURANT BAR. A bar operated in connection with a bona fide restaurant and by the same owner or management. A RESTAURANT BAR must be contained within the restaurant dining room or connected by an adjoining hallway or corridor. A RESTAURANT BAR shall not have a separate exterior entrance and can only be accessed by utilizing the main restaurant entrance. Stools shall be permitted at such bar, and intoxicating liquors must be sold only by the drink from such bar.

(Ord. 51-75, § 1, 11-3-1975; Ord. 126-07, 11-19-2007)

(a)

Generally. Regulated establishments may sell, serve, or permit consumption of alcoholic beverages on any day between the hours of 7:00 a.m. and 2:00 a.m. of the following morning. No regulated establishment may sell, serve, or permit consumption of alcoholic beverages for consumption off the premises between 2:00 a.m. and 7:00 a.m. of any day in any zoning district. Provided they comply with the provisions of § 3-2(b) of this chapter and hold valid extended hours permits issued by the city, regulated establishments in the SC zoning district may, for consumption on the premises only, sell, serve, or permit consumption of alcoholic beverages until 3:00 a.m. on Saturday and Sunday mornings, as well as until 3:00 a.m. on the following holiday-related days:

(1)

Labor Day;

(2)

Memorial Day;

(3)

November 1 (the day after Halloween);

(4)

Thanksgiving Day; and

(5)

New Year's Day.

(b)

Extended hours requirements. In order for establishments in the SC zoning district to sell, serve, or permit consumption of alcoholic beverages only for consumption on the premises until 3:00 a.m. on Saturday and Sunday mornings, as well as on the holiday-related days identified in § 3-2(a) above, the establishments must comply with the following requirements:

(1)

During all hours of operation, the regulated establishment shall have in use a security camera system capable of recording and retrieving video images to assist in offender identification and apprehension. The cameras shall capture all ingress and egress points of and the whole interior premises of the regulated establishment as well as the entire exterior premises of the property on which the regulated establishment is located and all exterior walkways and alleyways that are immediately adjacent to the regulated establishment. Cameras must be activated and recording video during all hours of operation. The regulated establishment must ensure that the security camera system is in good working condition during all hours of operation and that the video images are capable of retrieval for a period of not less than 14 days after the images are recorded. The security camera system must be of a type and quality, as well as maintained in a working condition, such that the video images, when retrieved, provide a reasonably clear and detailed depiction of the areas and activities captured by the system. Security systems that capture cloudy, fuzzy, or blurred video images are not sufficient to constitute the security camera system required by this subsection. The owners, operators, representatives, agents, and employees of the regulated establishment shall allow access to the recordings by authorized city code enforcement and law enforcement officers without court subpoena and without prior notice during all hours that the regulated establishment is open for business.

(2)

During all hours of operation, the regulated establishment shall comply with Florida's Responsible Vendor Act as set forth in F.S. §§ 561.701 through 561.706, as same may be amended, and must submit proof that each of its employees has completed the required course of instruction that includes subjects listed in the statute dealing with alcoholic beverages. The regulated establishment must continue to be a member in the responsible vendor program as a condition of maintaining an extended hours permit.

(3)

In order to sell, serve, or permit the consumption of alcohol that is only for Consumption On The Premises past 2:00 a.m. on Saturday or Sunday mornings, respectively, or past 2:00 a.m. on the other days identified in § 3-2(a) above, the regulated establishment shall, at its expense, provide interior security personnel continually from 11:00 p.m. on Friday (for extended hours on Saturday) and from 11:00 p.m. on Saturday (for extended hours on Sunday) until closing time on Saturday or Sunday morning, respectively, as well as from 11:00 p.m. on October 31 (for extended hours on November 1), December 31 (for extended hours on New Year's Day), and the days immediately preceding Labor Day, Memorial Day, and Thanksgiving Day (for extended hours on any of those days) until closing time on November 1 and January 1 (New Year's Day), Labor Day, Memorial Day, or Thanksgiving Day, respectively, at a ratio of one security officer for every 150, or fraction thereof, allowed occupancy of the establishment, but in no event less than one. Bartenders, barbacks, and other employees of the establishment with duties unrelated to security shall not be counted as security officers. The purpose of the interior security personnel is to provide security, maintain order, deter and detect criminal activity, and protect the public health, welfare and safety, primarily in the interior of the premises of the regulated establishment and at its entrance and exit points.

(4)

The establishment shall provide adequate buffering of noise impacts from open-air areas, if any, and assure compliance with approved site plan conditions, if any, regarding ingress and egress of vehicle and pedestrian traffic. The establishment shall have no negative effect on neighboring properties with respect to excessive noise. All efforts shall be made to prevent nuisances both inside and outside the establishment.

(5)

The establishment shall conduct a "last call" for service of alcoholic beverages, requiring the establishment to cease the sale and service of alcoholic beverages 15 minutes prior to closing on Saturday and Sunday mornings as well as on the mornings of any of the holiday-related days identified in § 3-2(a) above.

(6)

The owner, agent, or authorized representative of a regulated establishment must meet with the police chief, or the Police Chief's designee, at least once a month concerning issues related to the extended hours of operation and how those issues may be mitigated.

(7)

The regulated establishment must meet all of the requirements of local, state, and federal law and obtain and maintain all associated licenses in order to serve, sell or permit the consumption of alcohol on the premises. Furthermore, the establishment must have both a valid business tax receipt and a valid extended hours permit issued by the City of Cape Coral.

(c)

Extended hours permits.

(1)

Extended hours permit a privilege subject to revocation. The ability to sell, serve, or permit the consumption of alcohol that is only for consumption on the premises beyond the hour of 2:00 a.m. on any day permitted as identified in this section within the SC zoning district is hereby declared to be and is a privilege subject to suspension, revocation, and the imposition of criteria and conditions, and no person or entity may reasonably rely upon the continuation of that privilege. Any person or entity wishing to remain open beyond 2:00 a.m. to sell, serve, or permit the consumption of alcohol that is only for consumption on the premises shall be required to make an application and receive approval for an extended hours permit.

(2)

Application and review procedures. An application for an extended hours permit shall be submitted, on a form furnished by the city, to the Director of Community Development, or the Director's designee. In the application, the applicant shall provide information to show compliance with the requirements of § 3-2(b). The Director of Community Development, or the Director's designee, may require the applicant to supplement the information initially provided, if such additional information is deemed necessary to determine whether the requirements of § 3-2(b) are met. City Council shall have the authority to adopt by resolution fees, if any, for a permit application.

(3)

Extended hours permit. Any establishment located in the SC zoning district holding a license duly granted by the State of Florida to sell, serve, or permit the consumption of alcohol that is only for consumption on the premises may apply for an extended hours permit. Such application shall be processed using the procedures and criteria listed in this chapter. For establishments located within the SC zoning district, an extended hours permit shall allow and extend the hours in which the licensee may remain open for sale, service of, and consumption on the premises only of alcoholic beverages until 3:00 a.m. on any day permitted as identified in this section. An extended hours permit shall expire one year from the date of issuance. City Council shall have the authority to adopt by resolution fees, if any, for an extended hours permit.

(4)

Approval. The Director of Community Development, or the Director's designee, may approve an application for an extended hours permit upon a determination that the subject application complies with the criteria identified in § 3-2(b) above.

(5)

Denial. An application which fails to comply with the criteria identified in § 3-2(b) shall be denied. If the Director of Community Development, or the Director's designee, denies the application, the applicant shall have 30 days from the date of the notice of denial to appeal the decision to the City Council pursuant to the appeal procedure contained in § 3-2(c)(8).

(6)

Renewal of extended hours permit. Each extended hours permit shall be required to be renewed no later than one year following the date of initial granting of the permit. An application for renewal of an extended hours permit shall be submitted, on a form furnished by the city, to the Director of Community Development, or the Director's designee. Terms for approval or denial of the application shall be as stated above in subsections (4) and (5). City Council shall have the authority to adopt by resolution fees, if any, for the renewal of an extended hours permit.

(7)

Revocation or suspension.

a.

If the Director of Community Development, the Director's designee, the Chief of Police, or the designee of the Police Chief, believe that any extended hours permit holder has failed to comply with the criteria of its permit, or is operating in a manner harmful to the public health, safety or welfare, the Director of Community Development, the Director's designee, the Chief of Police, or the designee of the Police Chief, shall prepare a report which provides facts, reasons, and an analysis for believing violations exist. The Director or Police Chief shall submit the report to City Council and a public hearing shall be held to determine whether the extended hours permit should be revoked based upon the failure to meet the criteria established in § 3-2(b) above. The report shall be provided to the permit holder at least ten days prior to the public hearing. A notice containing the date of the public hearing shall be personally served upon the permit holder or posted in a conspicuous place at the establishment of the permit holder at least ten days prior to the public hearing. The City Council may reschedule or continue the date of the public hearing for good cause shown upon the request of either the permit holder, the Director of Community Development, or the Police Chief. At the public hearing, the permit holder shall be afforded a reasonable opportunity to speak and present evidence on his/her behalf. Evidence that the regulated establishment has been operating in a manner detrimental to the public health, safety, and welfare includes, but is not limited to, the following:

1.

The occurrence of three felony convictions, regardless of whether adjudication has been withheld, that are the result of criminal activity on the premises of the regulated establishment. The convictions must be the result of incidents of criminal activity that occurred during the period from the time the regulated establishment opened for business on the day before through the close of business on the morning of the extended hours, and within a consecutive 12-month period, regardless of when the convictions actually occurred. The convictions must be of individuals who were employees or patrons of the regulated establishment at the time the criminal activity occurred and the conviction of multiple individuals for the same incident of criminal activity shall be deemed one conviction and not separate convictions; or

2.

The occurrence of three criminal convictions, regardless of whether adjudication has been withheld, involving possession or sale of a controlled substance on the premises of the regulated establishment. The convictions must be the result of incidents of criminal activity that occurred during the period from the time the regulated establishment opened for business on the day before through the close of business on the morning of the extended hours, within a consecutive 12-month period, regardless of when the convictions actually occurred. The convictions must be of individuals who were employees or patrons of the regulated establishment at the time the criminal activity occurred and the conviction of multiple individuals for the same incident of criminal activity shall be deemed one conviction and not separate convictions; or

3.

Three convictions, regardless of whether adjudication has been withheld, of any owner, operator, agent or employee of the regulated establishment for criminal activity related to the sale or possession of alcoholic beverages at the regulated establishment, such as sales of alcoholic beverages outside of the permitted hours of sale, sale to an underage person, etc.; or

4.

Repeated instances or a demonstrated pattern by a regulated establishment of allowing, condoning, participating in, or failing to correct conduct or activity that created a nuisance or resulted in a negative impact on the health, safety and welfare of the public generally, or of the patrons of the regulated establishment. Examples of such conduct or activity would include, but not be limited to, whether the regulated establishment has taken all reasonable precautions to discourage unlawful activity including vandalism, persons and property crimes, disturbances, littering by patrons, unlawful drug use, noise, vehicular use by intoxicated patrons, and illegal activity of any kind by employees, patrons or others associated with the regulated establishment and whether the regulated establishment has taken all reasonable efforts to prevent nuisances both inside and outside the establishment, particularly with respect to whether the regulated establishment has complied with any recommendations by the Police Chief or the Chief's designee concerning possible corrective action or mitigation efforts.

5.

Failure or refusal, without good cause shown, to meet with the Police Chief or the Chief's designee as required in § 3-2(b)(7) of this Chapter.

b.

Emergency public hearing on suspension or imposition of conditions. If the Police Chief, or Police Chief's designee, believes that an immediate serious danger to the public health, safety or welfare requires emergency suspension of the extended hours permit, or that a permit holder no longer has a valid alcohol license, the Police Chief, or Police Chief's designee, may summarily order said suspension. The Police Chief, or the Police Chief's designee, shall take only that action necessary to protect the public interest. The Police Chief, or Police Chief's designee, shall provide the permit holder with the specific facts and reasons for finding an immediate danger to the public health, safety or welfare exists and the reasons for concluding that the action taken is necessary to protect the public interest. The notice of immediate action shall be personally served upon the permit holder or posted in a conspicuous place at the establishment of the permit holder. The notice shall also advise the permit holder that he/she may request a public hearing before the City Council challenging the need for summary action, (an "emergency public hearing") by making a written request to the City Manager within 30 days of being served with the notice. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to timely request an emergency public hearing shall result in the automatic revocation of the license without further action by the City. If the permit holder requests an emergency public hearing, the public hearing shall be conducted by the city council within 21 calendar days of the City's receipt of the request, unless extended by agreement of the permit holder. At the emergency public hearing, the permit holder shall be afforded a reasonable opportunity to speak and present evidence on his/her behalf.

c.

The public hearings pursuant to § 3-2(c)(7)a, and 3-2(c)(7)b, above, shall be quasi-judicial hearings. After consideration of the matter, and after allowing City staff and the permit holder to address the City Council, and allowing all others wishing to speak to do so, the City Council may make any of the following determinations:

1.

If a suspension has been imposed pursuant to § 3-2(c)(7)b, above, suspension of the permit may be lifted and the permit upheld with no further action required by the permit holder, or suspension of the permit may be continued pending correction of the violation.

2.

Allow the permit holder to continue operating during extended hours, subject to any reasonable additional conditions deemed necessary to mitigate or eliminate the adverse effects of such extended hours. Conditions may include, but are not limited to, provision by the permit holder, at its expense, of additional security personnel, sound-proofing or noise reduction, and outside lighting.

3.

The permit may be suspended for any time period less than one year.

4.

The permit may be revoked and subject to renewal pursuant to the terms of § 3-2(c)(6) of this Chapter.

d.

Should the extended hours permit be revoked, no reapplication shall be considered for that location within a 12-month period following the date of revocation. No revoked extended hours permit shall be reinstated until all applicable conditions of the permit are met.

e.

Emergency suspension of extended hours operations. In the event that the Police Chief, or the Police Chief's designee, finds that conditions exist in the SC zoning district anytime during the period from Friday evening at 7:00 p.m. through 3:00 a.m. on Monday morning that are so deleterious to the public health, safety, and welfare as to constitute an emergency condition that would be aggravated if regulated establishments were to sell, serve, or permit the consumption of alcohol for consumption on the premises after 2:00 a.m. on Saturday or Sunday of that weekend, as well as on the mornings of any of the holiday-related days identified in § 3-2(a) above then the Police Chief, or the Police Chief's designee, may order the immediate emergency suspension of all extended hours permits without notice and without any right to a hearing. The emergency conditions required by this subsection shall not necessarily be the result of the operation or activities of any single regulated establishment or even directly related to the sale or consumption of alcoholic beverages. Regulated establishments with valid extended hours permits shall be allowed to resume business operations, as allowed by their extended hours permits, the following weekend, unless they are provided with notice of suspension or revocation as otherwise identified in this chapter.

(8)

Appeal procedure.

a.

An applicant for an extended hours permit may appeal to the City Council, consistent with these provisions, any decision rendered by the Director of Community Development, or the Director's designee, to deny an extended hours permit, or the renewal of an extended hours permit. Within ten days of the decision, the applicant may request an appeal in writing to the City Manager who shall schedule a public hearing by the City Council as soon as practicable. Notice shall be given and a public hearing shall be held as prescribed by subsection (7)a of this section. The City Council shall consider the appeal and make a decision based on the criteria set forth in subsection (b).

b.

Appeal of any City Council decision regarding an extended hours permit or an application for an extended hours permit shall be to the Circuit Court in and for Lee County, in the manner provided by state law. In accordance with state law, failure to appeal within 30 days of the rendition of the decision shall result in the applicant waiving his right to appeal.

(9)

Transferability. An extended hours permit shall not be transferable to a different location or to different business owners. However, if an establishment is sold and the operation of the business remains identical to that described on the approved extended hours permit, then the new owners will be required to apply for a new extended hours permit, within 30 days of the purchase, but the City shall limit its review to:

a.

The amount and degree of law enforcement activities generated by the operation of the establishment. Any calls for service between the date of application and the date of approval may be grounds for denial; and

b.

A review of any other regulated establishments offering consumption on the premises that are owned or operated by the owners or managers, or any other party with a proprietary interest in the new owner's establishment to determine the amount and degree of law enforcement activities at such establishments; and

c.

Verification that the establishment remains in compliance with the requirements of § 3-2(b).

(10)

Voluntary relinquishment. Except as otherwise provided herein, the holder of a valid extended hours permit in good standing may voluntarily relinquish the permit by notifying the city in writing of the permit holder's intention to relinquish the permit and the date upon which the relinquishment will take effect. Once relinquished, the extended hours permit is of no further force and effect and the regulated establishment shall be deemed to have forfeited the privilege of selling, serving, or permitting consumption of alcoholic beverages only for consumption on the premises until 3:00 a.m. on Saturday or Sunday mornings as well as on the mornings of any of the holiday-related days identified in § 3-2(a) above. If the permit holder or regulated establishment desires to resume selling, serving, or permitting the consumption of alcohol that is only for consumption on the premises past 2:00 a.m. on any day permitted as identified in this section, then the permit holder or regulated establishment must submit a new application for an extended hours permit in accordance with the requirements of this chapter. If suspension or revocation proceedings are pending concerning an extended hours permit, or if a permit is in revoked or suspended status, or if a permit holder has been notified that any suspension or revocation proceedings are being initiated by the city pursuant to the provisions of this chapter, then the permit holder shall not be able to voluntary relinquish the extended hours permit until the suspension or revocations issues have been resolved and the extended hours permit is once again in good standing.

(Ord. 3-71, § 21, 3-22-1971; Ord. 28-71, § 2, 5-3-1971; Ord. 51-75, § 1, 11-3-1975; Ord. 44-07, 4-16-2007; Ord. 126-07, 11-19-2007; Ord. 50-09, 8- 17-2009; Ord. 12-15, 4-7-2015; Ord. No. 21-18, § 1, 3-19-2018)

State Law reference— Authority to regulate hours, see F.S. §§562-14(3), 562.45(2)

Persons licensed to sell any alcoholic beverages within this city shall be permitted to make deliveries thereof away from their place of business.

(Ord. 3-71, § 22, 3-22-1971; Ord. 126-07, 11-19-2007)

The premises of any regulated establishment within this city shall be subject to inspection during business hours.

(Ord. 3-71, § 23, 3-22-1971; Ord. 51-75, § 2, 11-3-1975; Ord. 126-07, 11-19-2007)

It shall be unlawful for any person while in a regulated establishment to sell, give, serve or permit to be served intoxicating liquors or beverages to any person under the age of 21.

(Ord. 3-71, § 26, 3-22-1971; Ord. 51-75, § 3, 11-3-1975; Ord. 44-07, 4-16-2007; Ord. 126-07, 11-19-2007)

It shall be unlawful for any person while in a regulated establishment to sell, furnish or deliver, or permit any person in his or her employ to sell, furnish or deliver, any intoxicating liquor or beverage, or any alcoholic beverage of any kind, whether or not intoxicating, in any quantity to any person who is intoxicated or whom the person reasonably believes to be intoxicated.

(Ord. 3-71, § 27, 3-22-1971; Ord. 51-75, § 4, 11-3-1975; Ord. 126-07, 11-19-2007)

State Law reference— Similar provisions, see F.S. § 562.50

It shall be unlawful for any person to own or possess within this city any alcoholic beverage containing more than 1% of alcohol by weight, unless full compliance has been had with the pertinent provisions of the beverage law as to payment of excise taxes on beverages of like alcoholic content; provided, that this section shall not apply to manufacturers or distributors licensed under the beverage law, to state bonded warehouses or to common carriers; provided further, this section shall not apply to persons possessing not in excess of one gallon of the beverages, provided the beverages shall have been purchased by the possessor outside of the state in accordance with the laws of the place where purchased and shall have been brought into this city by the possessor. The burden of proof that the beverages were purchased outside the state and in accordance with the laws of the place where purchased shall in all cases be upon the possessor of the beverages.

(Ord. 126-07, 11-19-2007)

State Law reference— Similar provisions, see F.S. § 562.15

It shall be unlawful for any person to drink or consume alcoholic beverages, including liquor, beer or wines, on any public street, in any public park or in any other public place, unless the place is licensed by the city for the sale of alcoholic beverages for consumption in the place.

(Ord. 14-71, § 1(a), 7-26-1971; Ord. 126-07, 11-19-2007)

(a)

It shall be unlawful for persons under the age of 21 years to enter or remain in any alcoholic beverage establishment or to be permitted to do so by owners, managers, employees or independent contractors of alcoholic beverage establishments except as hereinafter provided This restriction shall not apply to:

(1)

Persons employed by or at alcoholic beverage establishments and/or persons attending job training or orientation in reference to their employment at the alcoholic beverage establishment;

(2)

Persons accompanied by a parent (natural, adoptive, step-parent) or legal guardian;

(3)

An alcoholic beverage establishment during any time period in which it is not serving or selling alcoholic beverages to the public, provided that, before anyone under the age of 21 years is admitted into the establishment, all alcoholic beverages previously served to customers are consumed, removed from customer access and otherwise discarded, and the establishment's entire inventory of alcoholic beverages is properly secured from public access. The sale, service or consumption of alcoholic beverages may not resume until all persons under the age of 21 years have vacated the premises.

(4)

An alcoholic beverage establishment that serves full course meals to the public and provided that said establishment has full kitchen facilities and preparation staff. Full course meals shall include a salad or vegetable, entree and beverage.

(b)

The provisions of § 3-9(a) above shall not apply to persons in a bona fide restaurant as defined in § 3-1.

(c)

It shall be a defense to alleged violations of this section that a person under the age of 21 years obtained access to an alcoholic beverage establishment by use of a fraudulent identification and the business used reasonable efforts to determine and prevent the use of fraudulent identifications. Under these circumstances, only the person who gained access to the alcoholic beverage establishment by presenting fraudulent identification shall be considered in violation of this section.

(d)

Any person under the age of 21 and/or alcoholic beverage establishment that is found to be in violation of this section shall be issued a citation in conjunction with any other legal action (citation, notice to appear, etc,).

(e)

Any violation of this section shall be presented before the Special Magistrate or County Court Judge. Any hearing before the Special Magistrate shall be conducted pursuant to City of Cape Coral Code § 2-86.

(f)

A final order finding that a person under the age of 21 and/or an alcohol beverage establishment is in violation of this section and issued by the Special Magistrate or County Court Judge may be appealed to the Circuit Court. A notice of appeal shall be filed with the City Clerk with a copy to the Circuit Court, within 30 days of the execution of the final order to be appealed.

(Ord. 126-07, 11-19-2007; Ord. 3-08, 1-28-2008)

Any person or regulated establishment dealing in alcoholic beverages violating this chapter shall be guilty of a municipal ordinance violation. Any violation of this chapter shall be punishable pursuant to § 1-14 of the City of Cape Coral Code of Ordinances.

(Ord. 126-07, 11-19-2007)

In addition to the enforcement procedures provided for in this chapter, regulated establishments, which would include alcoholic beverage establishments, not in conformity with these requirements shall be subject to the appropriate civil action in a court of appropriate jurisdiction. The city may sue any person or entity found to be in violation of this chapter to enjoin, either temporarily or permanently, any of the activities prohibited by this chapter.

(Ord. 126-07, 11-19-2007)