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:

Advertisement means a display, notice or other information designed to attract public attention, including but not limited to handbills, signs, billboards, soundtracks, placards, signboards and written notices.

Affiliate means a general partner, limited partner, spouse, parent, child, sibling, shareholder of a corporation, or corporation in which the licensed vendor is a shareholder.

Alcoholic beverage means any beverage containing alcohol. The presence of alcohol in a beverage may be determined by any person who by experience in the past in the handling or the use of alcoholic beverages, or who by taste, smell or the drinking of such alcoholic beverages, has knowledge as to the presence of alcohol in the subject beverage, including, beer, ale, wine, liquor, malt liquor, or other beverage containing more than one-half (½) of one (1) persent alcohol by volume.

Alcoholic beverage establishment includes any place or location, licensed or unlicensed, within the city where a person may exchange something or pay another for an article or product that is alcoholic in nature, for the purposes of consumption on premises as defined by this section. This definition, however, shall not include restaurants, as defined in this section.

Applicant means any vendor licensed by the state to sell alcoholic beverages or one who has applied to the state for such a license, and proposes to locate the license within the city and is required to obtain a location permit as provided by this chapter. It shall also include any and all persons, corporations, partnerships or other legal entities that have an ownership interest in the license or the business that is applying for the location permit.

Billiard hall means a business establishment (as defined in section 6-2 of this Code):

(1)

Having at least twelve (12) full-size pool or billiard tables;

(2)

Where the operation of pool or billiard tables is the primary attraction held out to the public and the primary amusement engaged in by patrons; and

(3)

Where at least fifty (50) percent of the square footage of the portion of the establishment open to the public is devoted to playing pool or billiards.

Bottle club means a business establishment 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.

Bowling alley means a business establishment:

(1)

Having twelve (12) or more bowling lanes and all necessary equipment to operate them;

(2)

Where bowling is the main attraction held out to the public and the primary activity engaged in by patrons; and

(3)

Where at least fifty (50) percent of the square footage of the portion of the establishment open to the public is devoted to bowling.

Establishment means any commercial business which sells alcoholic beverages for consumption solely off premises. Any establishment with an occupational license is presumed to be a commercial establishment for the purposes of this chapter.

Off-premises means off of the real property owned or controlled by the licensed vendor or his affiliate contiguous to or within five hundred (500) feet of the business for which an alcoholic beverage location permit is issued.

On-premises means within the completely enclosed building on the property where the location permit is sought or other appurtenances on the property where the location permit is sought, as approved by the city council.

Patron means any person who is physically present on the premises of a vendor or business establishment and who is not an owner, employee, agent or subcontractor of the establishment or an entertainer or performer at the establishment, regardless of an actual exchange of funds for service.

Persons means individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, government officials, government entities, and all other groups or combinations.

Premises means a physical plant or location which is enclosed by walls or any other enclosing structural device, or which is covered by a single roof, or which contains a single shared entrance. Any structures or land within three hundred (300) feet and under common ownership, control or possession with the physical plant or location described in this definition shall be deemed part of the premises for the purpose of the chapter.

Restaurant means a business with a special license issued by the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation of the State of Florida, or a business that does not otherwise qualify for a special license, but nevertheless derives at least fifty-one (51) percent of its gross revenues from the sale of food and nonalcoholic beverages and has a city occupational license as a restaurant.

(Ord. No. 07-O-01, 2-12-2007)

(a)

The city council shall establish a schedule of fees, charges and expenses, and a collection procedure for alcoholic beverage location permits and renewals of alcoholic beverage location permits and other matters pertaining to this chapter. Fees shall follow the occupational license schedule. Fees for package sales shall follow current retail merchant guidelines and shall be based on inventory value. Fees for venues with consumption on premises shall follow those for restaurants and be based on seating capacity.

(b)

An administrative processing fee of fifty dollars ($50.00) shall be charged to bona fide nonprofit civic organizations seeking a permit under subsection 3-12(a) This administrative processing fee is for the single event applied for by the nonprofit civic organization and is not renewable. Subsequent events sponsored by the nonprofit civic organization must be applied for separately in advance of those events and shall be accompanied by an administrative processing fee of fifty dollars ($50.00) for each event.

(c)

No licenses shall be issued by the city where the place of business shall be within two hundred (200) feet of any existing school or church.

(Code 1964, § 3-12; Ord. No. 07-O-01, 2-12-2007)

Whenever any riot or mob violence has occurred, or there is reasonable cause to apprehend an outbreak thereof within the city, or in the vicinity thereof, the mayor, vice mayor, or city manager may immediately issue a proclamation ordering the closing of all places within the city licensed to sell, or in any way deal in liquors, wines, beer or other beverages containing more than one-half (½) of one (1) percent of alcohol by weight, until such time as, in his judgment, the public peace and safety no longer requires such restriction.

(Code 1964, § 3-24; Ord. No. 07-O-01, 2-12-2007)

Editor's note— Section 1 of Ord. No. 96-0-10, adopted Oct. 28, 1996, repealed § 3-5 in its entirety. Formerly, said section pertained to females soliciting drinks and derived from § 3-26 of the 1964 Code.

(a)

Prohibition. It shall be unlawful for persons under the age of twenty-one (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.

(b)

Exceptions. The prohibition in subsection (a) above shall not apply to:

(1)

Persons employed by or at the alcoholic beverage establishments in compliance with Chapter 562 of the Florida State Statutes;

(2)

Persons accompanied by either of their parents (natural, adoptive, step-parent or legal guardian);

(3)

A bona fide restaurant (as defined in this section);

(4)

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 twenty-one (21) 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 twenty-one (21) have vacated the premises; and

(5)

Members of the military or armed forces with proper military identification to show that they are currently on active duty with a branch of the United States Military.

(6)

A bowling alley (as defined in this section).

(7)

A billiard hall (as defined in this section).

(c)

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

(Ord. No. 07-O-01, 2-12-2007)

The hours and times during which alcoholic and intoxicating beverages may be sold, consumed or served, or permitted to be served or consumed, in any place or on any premises defined as a business establishment shall be:

(1)

Alcoholic beverages may be sold in sealed containers for consumption off premises any day of the week, between the hours of 7:00 a.m. and 12:00 a.m. the following day.

(2)

Alcoholic beverages may be sold for consumption on premises any day of the week between the hours of 7:00 a.m. and 2:00 a.m. the following day.

(3)

No person shall sell, consume, serve, or permit to be served or consumed, in any place holding a license issued by the state division of alcoholic beverages and tobacco, any alcoholic beverages in violation of this section or during times other than those set forth in this section.

(4)

Any person, firm or corporation violating any provision of this section shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00).

(Ord. No. 68-0-4, §§ 1, 2, 5-20-68; Ord. No. 96-0-10, § 2, 10-28-96; Ord. No. 07-O-01, 2-12-2007; Ord. No. 11-0-12, § 3, 7-11-2011)

Permission may be given by the council, at its discretion, to extend closing hours on special occasions, providing that request for such permission be made at least five (5) days prior to the next regular council meeting.

(Code 1964, § 3-22)

(a)

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

(1)

To suffer or permit any female person, while on the premises of said commercial establishment, to expose to the public view that area of the human female breast at or below the areola thereof;

(2)

To suffer or permit any female person, while on the premises of said 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 as described in subsection (a)(1) above;

(3)

To suffer or permit any person, while on the premises of said commercial establishment, to expose to public view his or her genitals, pubic area, buttocks, anus, or anal cleft or cleavage;

(4)

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

(b)

It shall be unlawful for any female person, while on the premises of 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 expose to 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 or simulate such areas of the female breast as described herein.

(c)

It shall be unlawful for any person, while on the premises of 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 expose to public view his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage, 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 or cleavage.

(d)

Any person who shall violate any subsection of this section shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), or imprisonment in the county jail not to exceed sixty (60) days, or both.

(Ord. No. 79-0-1, §§ 1—3, 5-7-79; Ord. No. 07-O-01, 2-12-2007)

Editor's note— Editor's note: Ord. No. 79-0-1, §§ 1—3, adopted May 7, 1979, was nonamendatory of the Code; hence, codification herein as § 3-11 is at the discretion of the editor.

Cross reference— Cross references: Adult entertainment establishments, § 11-21 et seq.

(a)

Prohibited. It shall be unlawful for any person to consume or to have, hold, carry or possess, or sell in any open or unsealed container, any alcoholic beverage upon any public street, public sidewalk, public park, public beach or public parking lot within the city, except in a licensed sidewalk cafe or at an approved special event on city-owned or private property. Otherwise unlawful consumption or possession, and sales shall be lawful during approved special events in cordoned-off areas on city-owned or private property if sold by licensed vendors currently licensed to sell alcohol in the cordoned-off area, or contiguous thereto. Such special events must be recognized by resolution of the city council after a public hearing at least two weeks prior to the proposed special event. If the special event will use any city-owned property, then the cordoned-off area during the special event shall be patrolled by a city police officer who shall be paid by the promoter of the special event. If the special event will be completely on private property, then the chief of police may, after an evaluation of the security needs of the promoter and the safety of the public, waive the patrol requirement. The number of police officers required at any special event shall be determined by the chief of police based on an evaluation of the security needs of the promoter and the safety of the public. Such promoter must be licensed to sell alcohol in or contiguous to the cordoned-off area. It shall be unlawful to consume or be in possession of any alcoholic beverage within a cordoned off and controlled section of any approved special event, which was not sold by the licensed vendor for that event.

(1)

Public street is defined as any street within the city owned by the city or maintained by the city as a public thoroughfare.

(2)

Public park is defined as any park owned or operated by the city or county for recreational purposes.

(3)

Public beach is defined as any beach owned or operated by the city or county for recreational purposes.

(4)

Public sidewalks include sidewalks on public property or private property used for pedestrian traffic by the general public.

(5)

Public parking lots shall include parking lots owned by the City of Crystal River and utilized for parking purposes, and parking lots owned privately, where the general public is invited to park for any purpose other than residential purposes. Public parking lots are to be construed within this section so as to include adjacent sidewalks, walk areas and contiguous undeveloped properties, such that separation strips and buffer areas are included as a portion of a public parking lot.

(6)

Alcoholic beverage means distilled spirits and all beverages containing one-half (½) of one (1) percent or more alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water.

(b)

Consumption on property licensed for off-premises consumption. No person shall consume any alcoholic beverages on any property which is only licensed to sell alcoholic beverages in sealed containers for off-premises consumption.

(c)

A violation of this section will be assessed a base fine of fifty dollars ($50.00) In addition to the base fine, the city shall assess additional fees as follows: Fifteen dollars ($15.00) to be placed in a fund for maintenance of public park facilities; and as outlined in F.S. § 938.15, a two dollar ($2.00) fee to support the city's school crossing guard program.

(Ord. No. 07-O-01, 2-12-2007)

Recognizing that the sale of alcoholic beverages can lead to abuse and associated problems, such as, but not limited to fights, brawls, affrays, drug use, drug sales, illegal sexual activity, adult use violations, and violations of this ordinance related to the sales of alcohol, the City of Crystal River has established that it is the responsibility of the owners, management, and employees of establishments outlined in this chapter to conduct business in a responsible manner. Those establishments which consistently, by carelessness or intentional design, conduct business in such a manner as to create an environment which fosters illegal activity outlined above may be deemed nuisance establishments.

(1)

Class A triggering violations. Any establishment as outlined which suffers or permits four (4) incidences of one or more of the following acts in a calendar year may be deemed a nuisance establishment: Fights involving less than four (4) participants; underage sales; underage patronage; violations related to hours of operation; adult use, fire code, building codes, occupational licensing and permitting, the illegal use of drugs as outlined in Chapters 893 and 877 of Florida Statutes, or any one (1) or more of the listed Class B triggering events.

(2)

Class B triggering violations. Suffers or permits two (2) or more of any of the following violations in a calendar year: Affrays, riots, or large fights consisting of more than four (4) combatants; acts of prostitution as outlined in Chapter 796 of the Florida Statutes; sales of drugs as outlined in Chapter 893 of the Florida Statutes; or the commission of any other felony directly related to the operation of the business may be declared a nuisance establishment.

(3)

Declaration. Prior to any action being brought against the owner or management of such establishment, the chief of police shall, upon the third Class A triggering violation, or the first Class B triggering violation, notify said owners or management in writing by certified mail of a potential violation of subsection (1) or (2).

(4)

Those owners and or managers of establishments in violation of subsection (1) or (2) shall be cited using established city ordinance violation forms with a mandatory hearing before the city's code enforcement special hearing master. At that time evidence of the allegations shall be presented and defense arguments heard. A failure to appear at said hearing may result in a trial in absentia and if guilt is found, the assessment of a fine as outlined in subsection (7), plus a thirty-day suspension of the occupational license of the owner, owners, or lessees of the establishment. Should the special master find that the owners and or managers are guilty of operating a nuisance establishment; the following actions shall be taken.

(5)

First time offenders shall be placed on six (6) months probation and all fines held in abeyance pending successful completion of the probationary period. If the offenders have not obtained "responsible vendor" status as outlined in Chapter 561 of Florida Statutes, the offender shall be ordered to conduct the required training at the offender's expense. All costs must be borne by the owner of the business and may not be passed on or deducted from employees' pay. In addition, said training will be scheduled and noticed to the police department and the business owner shall pay for an officer to monitor the training at the special duty rate established by the police department and the city.

(6)

All first offenders, regardless of current responsible vendor status, must meet with the chief of police or his or her designee to develop a plan to improve the security, safety, and compliance with this and all other applicable city ordinances. Said plan shall than be presented at a scheduled hearing of the special master for approval. Once approved, the offender shall bear all the costs associated with implementing said plan.

(7)

Failure to comply with any or all of the terms set forth in subsection (5) or (6) shall result in the immediate imposition of a five hundred dollar ($500.00) fine. Subsequent instances of Class A or Class B events during the probation period shall require a separate hearing before the special master, at which time the special master may terminate the probation and impose the full fine of five hundred dollars ($500.00), or extend the probation up to an additional six (6) months.

(8)

Second offenders shall be noticed as outlined in subsection (3) and subsection (4). They shall also be required to attend a mandatory hearing of the special master. If sustained, they shall be assessed a fine of one thousand dollars ($1,000.00) and a two-month revocation of their occupational licenses.

(9)

Third offense violators shall be noticed as outlined in subsection (3) and subsection (4) and shall appear before the special hearing master. If sustained, they shall be assessed a fine up to three thousand dollars ($3,000.00) and a revocation of their occupational licenses of up to six (6) months shall be imposed.

(10)

Fourth offense violators shall be noticed as outlined in subsection (3) and subsection (4) and shall appear before the special hearing master. If sustained, they shall be assessed a fine of up to five thousand dollars ($5,000.00) and a permanent revocation of their occupational license shall be imposed.

(11)

The chief of police and his or her designee, code enforcement officers, and city manager shall have the power to enforce the suspension provisions of this section by lawful means not limited to: cease and desist orders and notices of violations.

(12)

All persons, business owners, corporate entities, and partnerships, except those cited for violations of section 13-1 Nuisance establishments, shall have the option of paying the assessed fine or seeking a hearing through the city's code enforcement special hearing master, as outlined in section 2-111.

If the owner, operator, lessor, lessee, manager, employer or any other person participating in the maintenance or operation of a commercial establishment at which alcoholic beverages are, or are available to be, sold, dispensed, consumed, possessed or offered for sale or consumption on the premises is convicted of a violation of section 3-13, resulting in the suspension or revocation of their occupational license, who fails to abide by said ruling by conducting business faces additional fines of one thousand dollars ($1,000) per day of operation, and permanent revocation of their license, any occupational license or location permit issued by the city.

(13)

If at any time the license of a commercial establishment is revoked pursuant to subsection (3) of this section, at least six (6) months shall elapse before another license may be issued to the same establishment. Such license may be issued only after a public hearing held before the city council.

(Ord. No. 07-O-01, 2-12-2007)

(a)

There is hereby established a "Downtown Crystal River Entertainment District" within the lands more particularly described as follows:

Commencing at the northeast corner of the intersection of US Hwy 19 and NW 1st Ave Crystal River, Florida; thence north along the eastern right-of-way of NW 1st Ave to the northwest corner of lot 26, Sylvan Glen Addition to Crystal River, PB 1 PG 26; thence east along the northern line of lot 26 to the northeast corner of lot 26; thence north along the western boundary of lots 18, 17, 16, 15, 14, and 13 Sylvan Glen Addition to Crystal River, PB 1 PG to the northwest corner of lot 13, Sylvan Glen Addition to Crystal River, PB 1 PG 26; thence east along the north boundary of lot 13 to the northeast corner of lot thence due east across North Citrus Ave to a point along the eastern right-of-way of North Citrus Ave and western boundary of a parcel further described in OR BK 1172 PG 527, Public Records of Citrus County; thence north along the eastern right-of-way line of Citrus Ave to the northwest corner of said parcel; thence east along the north boundary of said parcel to the northeast corner of said parcel; thence south along the east boundary of said parcel to the southeast corner of said parcel; thence east along the northern boundary of a parcel further described in OR BK 1132 PG 776, Public Records of Citrus County; to the northeast corner of a said parcel; thence south along the eastern boundary of said parcel to the southeast corner of said parcel; thence south along the eastern boundary of a parcel further described in OR BK 3114 PG 1511, Public Records of Citrus County to the north right-of-way of US Hwy 19; thence due south across US Hwy 19 to the southern edge of pavement of US Hwy 19; thence east along the edge of pavement to the intersection of the eastern extension of the right-of-way of the crosstown trail as described in OR BK 555 PG 1789, Public Records of Citrus County; thence south along the eastern boundary of the right-of-way of the crosstown trail to the southwest corner of lot 32 of Boellerts Addition to Crystal River as described in Plat Book 1, Page 28 of the Public Records of Citrus County; thence southwesterly across the crosstown trail to the southeast corner of Lot 17 of Barcos Addition to Crystal River as described in Plat Book 2, Page 2 of the Public Records of Citrus County; thence west along the southern boundary of 17, 16, 15, 14, 13, 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 to the southwest corner of Lot 1 of Barcos Addition to Crystal River as described in Plat Book 2, Page 2 of the Public Records of Citrus County; thence south along the eastern boundary of the right-of-way of North Citrus Ave to the southeast corner of the intersection of Citrus Ave and NE 3rd street; thence westerly across Citrus Ave to the southwest corner of the intersection of NW 3rd Street and Citrus Ave; thence west along the southern right-of-way of NW 3rd Street to the northwest (westernmost) corner of Lot 18 Springs on Kings Bay as described in Plat Book 15, Page 30 of the Public Records of Citrus County; thence generally westward and northward and meandering along the water's edge of Kings Bay, or the outer edge of the Kings Bay Riverwalk, whichever is more waterward, to the northeast corner of a parcel further described in OR BK 2834 PG 493, Public Records of Citrus County; thence west then north, then west along the northern boundary of said parcel to its intersection with the eastern boundary of right-of-way of NW 7th Avenue; thence north along the eastern boundary of the right-of-way of NW 7th Avenue to its intersection with the northern boundary of the right-of-way line of NW 6th Street; thence east to the southwest corner of the intersection of NW 6th St and US Hwy 19; thence north to the southern edge of pavement of US Hwy 19; thence easterly along the southern edge of pavement of US Hwy 19 its intersection with the northern extension of the east right-of-way of NW 1st Ave; thence north across US Hwy 19 to the point of beginning, all located within the city limits of Crystal River, Florida.

(b)

A depiction of the foregoing Downtown Entertainment District boundaries shall be maintained by the city planning and zoning department.

(Ord. No. 23-O-10, § 2, 1-9-2023)

The purpose of this article is to encourage a location of safe and vibrant entertainment, retail and restaurant uses within a defined area of the city herein referenced as the Downtown Crystal River Entertainment District. The regulations within this article are enacted:

(1)

To enable a variety of amenities to be offered to the public, in a convenient physical location, which will promote pedestrian use with an attendant decrease in vehicular traffic;

(2)

To foster a mutual relationship among downtown merchants; and

(3)

To encourage private development of entertainment facilities which enhance and complement the use of the public facilities within the Downtown Crystal River Entertainment District.

(Ord. No. 23-O-10, § 3, 1-9-2023)

Any establishment, licensed to dispense alcoholic beverages, which is located within the Downtown Crystal River Entertainment District and desires to participate in the privileges granted by this article must first register with the city. The registration process shall be determined by the city manager. Such establishments shall be referred to herein as a registered participant.

(Ord. No. 23-O-10, § 4, 1-9-2023)

Possession of any open alcoholic beverage container shall be permitted in the public areas of the Downtown Entertainment District under the following conditions:

(1)

The open alcoholic beverage was purchased from or served by an establishment that is a registered participant.

(2)

The open alcoholic beverage is being held in and consumed from a plastic container approved by the city manager, not exceeding sixteen (16) ounces in size, which also contains some form of marking to identify the registered participant from which it was purchased.

(3)

No registered participant may dispense more than two (2) open alcoholic beverages intended for outdoor consumption to any one (1) person at a time.

(4)

No person may possess more than two (2) open alcoholic beverages at any one time within the Downtown Crystal River Entertainment District boundary.

(5)

It shall be unlawful for any person to possess any open alcoholic beverage contained in a can, bottle or glass, except as authorized within the premises of an establishment including an approved outdoor dining area or sidewalk cafe.

(6)

Open alcoholic beverages may be purchased and consumed in the Downtown Crystal River Entertainment District at any time, except for between the hours of 2:00 a.m. and 7:00 a.m. of the same day.

(Ord. No. 23-O-10, § 5, 1-9-2023)

This article shall not affect the rights or obligations of the city, or any person or sponsor, arising under chapter 23, special events, or concerning the requirement to obtain or comply with a special event permit issued thereunder.

(Ord. No. 23-O-10, § 6, 1-9-2023)