The following words, terms and phrases when used in this article shall have the meanings as set forth below except where the context clearly indicates a different meaning.

Alcoholic beverages means distilled spirits and all beverages containing one-half (½) of one (1) percent or more alcohol by volume.

Bottle club as found in Fla. Stat. §561.01(15) means a commercial establishment, operated for a profit, whether or not a profit is actually made, wherein patrons consume alcoholic beverages which are brought onto the premises and not sold or supplied to the patrons by the establishment, whether the patrons bring in and maintain custody of their own alcoholic beverages or surrender custody to the establishment for dispensing on the premises, and which is located in a building or other enclosed permanent structure. This definition does not apply to sporting facilities where events sanctioned by nationally recognized regulatory athletic or sports associations are held, bona fide restaurants licensed by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation whose primary business is the service of full course meals, or hotels and motels licensed by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.

Bona fide restaurant means a restaurant having at least two thousand five hundred (2,500) square feet of customer service area, which is equipped to serve one hundred fifty (150) persons full course meals at tables at one (1) time, consistently serves full course meals at all times that the establishment is open for business, and derives at least fifty-one (51) percent of its gross revenue from the sale of food and nonalcoholic beverages.

Club, private means an association or organization of a fraternal or social character, not operated or maintained for profit. The term "private club" shall not include casinos, night clubs, restaurants, other institutions operated as a business.

Consumption on premises means sale or service of alcoholic beverages for the purpose of consumption within the same premises, excluding private clubs as defined herein.

Liquor means any and all distilled or rectified spirits, brandy, whisky, rum, gin, cordials, or similar distilled alcoholic beverages, including all dilutions and mixtures of one (1) or more of the foregoing.

Package liquor store means a vendor licensed to sell liquor in sealed containers for consumption off the premises only.

Person or vendor shall include all persons selling, offering or keeping with the intention of selling, or dealing in, the beverages defined in this chapter.

Premises means the furthest horizontal extent of a business involving the sale or consumption of alcoholic beverages, including all areas where alcoholic beverages are authorized to be sold, consumed or stored, including outdoor customer service areas if applicable, but excluding parking and loading areas.

(Ord. No. 2016-020, § 2(Exh. A), 8-17-16; Ord. No. O2018-011, § 2(Exh. A), 4-4-18)

(A)

No service to intoxicated persons. No person licensed hereunder and no agent, servant or employee of any licensee hereunder shall give, sell, deliver, serve, or permit to be served any alcoholic beverage to any person who is intoxicated.

(B)

Bottle clubs. No bottle clubs will be licensed or authorized to do business within the town and they are prohibited.

(Ord. No. 2016-020, § 2(Exh. A), 8-17-16)

(A)

Package liquor stores. Package liquor stores shall be subject to the following limitations and requirements:

1.

The premises shall be separated at least one thousand two hundred (1,200) feet from the premises of any other package liquor store.

2.

The premises shall be separated at least one thousand two hundred (1,200) feet from any elementary, middle or high school, whether public, private or parochial, or any place of public assembly. The required separation shall be measured in a straight line from the furthest extension of the premises of the package liquor store to the nearest primary or accessory building associated with an elementary school, middle school, high school, or place of public assembly.

(B)

Consumption on-premises. Places for the sale and consumption on premises of alcoholic beverages shall be subject to the following limitations and requirements:

1.

Any portion of the premises which is not fully enclosed (with solid roof, walls, windows and doors) shall be separated at least five hundred (500) feet from any lot zoned or used for residential purposes. The distance requirement shall not apply in cases where the unenclosed portion of the premises is separated from residential property by a street or by an intervening building which effectively acts as a sound barrier. For purposes of this paragraph, a premises is considered unenclosed if doors or windows are left in the open position on a continual basis during operating hours.

2.

The premises shall be separated at least one thousand two hundred (1,200) feet from any elementary, middle or high school, whether public, private or parochial, or any freestanding place of public assembly. The required separation shall be measured in a straight line from the furthest extension of the premises to the nearest primary or accessory building associated with an elementary school, middle school, high school or place of public assembly.

(C)

Exceptions.

1.

Paragraph (B) above, shall not be applicable to establishments which are part of and inside of a hotel having more than fifty (50) guest rooms, the entrance to the premises [of which] is from within the hotel with no outside direct entrance to the establishment and there is no sign or other indication of the existence of the establishment visible from the exterior of the building.

2.

Paragraph (B) above, shall not be applicable to private clubs where only members and their guests are served and there is no sign or other indication on the exterior of the building that alcoholic beverages may be served therein.

3.

Paragraph (B)1, above, shall apply to lands within a Regional Activity Center or Transit Oriented Corridor zoning district except that the separation distance shall be one hundred (100) feet from any lot used exclusively for residential.

4.

Paragraph (B)2, above, shall not apply to lands within any Regional Activity Center zoning district or the Griffin Corridor Downtown Zone.

5.

Paragraph (B)2, above, shall not apply to restaurants which:

a.

Operate pursuant to a 2COP (beer and wine) license from the State of Florida.

b.

Offer, serve or sell alcoholic beverages (beer or wine) only to patrons who have also purchased a meal at the establishment.

c.

Offer, serve or sell alcoholic beverages (beer or wine) while meals are being served in the restaurant.

6.

Paragraph (B) shall not apply to any one-, two- or three-day state license issued to a bona-fide non-profit civic organization pursuant to F.S. § 561.422, provided that the premises is on a lot zoned for commercial or institutional purposes.

7.

None of the foregoing exceptions are intended to supersede the provisions of [F.S.] section 562.45(2)(a) concerning minimum distance separations from schools.

(D)

Application to new schools, places of public assembly and residential districts. Where an establishment as defined under paragraph (A) or (B) above is located and begins operation in conformity with the separation requirements applicable at that time, the subsequent locating of a school, place of public assembly or residential district within the currently required separation zone shall not be construed to put such existing establishment in violation of this section, unless the alcoholic beverage establishment is discontinued for a period of more than one (1) year.

(E)

Measurement. Where distance separation requirements apply, the applicant shall furnish a certified survey from a land surveyor registered in the State of Florida, indicating the distance between the proposed premises and any other specified uses. In lieu of a survey, the applicant may furnish a map acceptable to the town administrator or designee, provided that such map is scalable and utilizes the current parcel boundaries as provided by the Broward County Property Appraiser.

(F)

Special Regional Activity Center standards. In addition to all other standards of this Article (XVIII), establishments within the portion of the RAC-TC and RAC-TOS districts lying between SW 39 ^th Street and Orange Drive, shall be subject to the following:

1.

Package liquor stores are prohibited.

2.

No establishment shall provide liquor for consumption on premises unless the establishment is a bona fide restaurant, as defined in section 12-601, or meets the criteria for one (1) or more of the exceptions set forth in section 12-603(0)1,2 or 6.

(Ord. No. 2016-020, § 2(Exh. A), 8-17-16; Ord. No. O2019-004, § 2(Exh. A), 1-23-19; Ord. No. O2021-005, § 2(Exh. A), 2-3-21; Ord. No. O2021-008, § 2(Exh. A), 4-7-21)

(A)

Applicability.

1.

Declaration of privilege. The right to sell, offer for sale, deliver or permit to be consumed upon the premises any alcoholic beverage between the hours of 2:00 a.m. and 7:00 a.m. on any day of the week is hereby declared to be and is a privilege, subject to suspension, termination, and the imposition of conditions by the town, and no person may reasonably rely on a continuation of that privilege.

2.

No legal non-conformities. Except as specifically provided in paragraph 3, below, the provisions of this section (12-604) shall apply to all lands within the Town of Davie, regardless of regulations which may have existed at the time of the establishment of any particular alcoholic beverage establishment.

3.

Repeal of prior approvals and extensions; exceptions. This article shall serve to repeal all former approvals and extensions with regard to the hours of sale, service or consumption of alcoholic beverages, provided that any judicial order entered by a court of competent jurisdiction or any court-ratified settlement agreement shall remain in full force and effect.

(B)

Retail sales. No person shall sell alcoholic beverages at retail between the hours of 2:00 a.m. and 7:00 a.m.

(C)

Consumption on premises.

1.

Hours of sale and consumption. Except as otherwise provided in this section, no person shall sell or offer for sale, deliver or service or permit to be consumed upon the premises of such vendor, any alcoholic beverages on:

a.

Sunday between the hours of 2:00 a.m and 10:00 a.m.; or

b.

Monday through Saturday, between the hours of 2:00 a.m. and 7:00 a.m.

2.

Last call and closure. All establishments subject to limitations on hours of sale pursuant to this paragraph (C) shall:

a.

Conduct a "last call" for service of alcoholic beverages, ensuring that the establishment ceases the sale and service of alcoholic beverages no less than fifteen (15) minutes before the time periods set forth in paragraph (C)1 above.

b.

Prohibit patrons from consuming alcoholic beverages outside of the hours allowed by this section (12-604), regardless of when such alcoholic beverages were ordered or sold.

c.

Prohibit patrons from remaining on or within the premises of an alcoholic beverage establishment, other than a bona fide restaurant, during such times that the sale, delivery, service or consumption of alcoholic beverages on premises is restricted by this paragraph (C). This is not intended to prohibit owners and employees of the establishment from remaining within the establishment during the restricted hours provided that alcoholic beverages are not consumed on the premises.

(D)

Exceptions. The following are standard exceptions to the hours of limitation set forth in paragraph (C) above.

1.

New Year's Day. Except where such privilege is suspended in writing by the Town of Davie, any establishment otherwise licensed and permitted to serve alcoholic beverages for consumption on premises shall be permitted to serve alcoholic beverages from 2:00 a.m. to 4:00 a.m. on January 1 without need to obtain an extended hours license.

2.

Special event or temporary use permits. Except where such privilege is suspended in writing by the Town of Davie, a business or organization operating by way of a special event permit (Chapter 20 of the Town Code) or a temporary use permit (Section 12-318 of the Town Code) shall be governed by the hours of sale and consumption as expressly provided in such special event permit or temporary use permit, provided that in no case shall the sale or consumption of alcoholic beverages be permitted between the hours of 12:00 a.m. and 10:00 a.m.

3.

Golf clubs. The owners and operators of golf clubs, which are defined as establishments where the primary activities include the operation of an outdoor golf course, and where food and beverages are served in a restaurant clubhouse, may allow consumption on premises on any Sunday between the hours of 7:00 a.m. and 10:00 a.m., provided the operator of such golf club holds a state beverage department license for the sale of such alcoholic beverages. For the purposes of this section, an "outdoor golf course" shall mean any bona fide, standard golf course consisting of at least nine (9) holes, along with clubhouse, locker rooms and attendant golf facilities.

4.

Bona fide restaurants. A bona fide restaurant may allow consumption on premises on any Sunday between the hours of 7:00 a.m. and 10:00 a.m.

(Ord. No. 2016-020, § 2(Exh. A), 8-17-16)

(A)

In general.

1.

An extended hours license approved in accordance with this section shall authorize such licensed establishment to conduct the sale of alcoholic beverages for consumption on premises from 2:00 a.m. to 4:00 a.m. provided that such establishment otherwise remains in compliance with the provisions of section 12-604(C)2.

2.

Extended hours licenses shall have an initial term of three (3) years based on [the] town's fiscal year, which commences on October 1 ^st , provided that the initial license will expire on the third (3 ^rd ) September 30 ^th following the license approval date. Upon proper application and demonstration of compliance with the requirements section 12-606, an unexpired extended hour license may be renewed for a subsequent term of three (3) fiscal years.

(B)

Application process.

1.

Applications shall be submitted to the town on forms provided by the town administrator or designee, along with a non-refundable application review fee or an annual fee as set by resolution of the town council.

2.

The application form shall include a statement indicating that the licensee recognizes that the granting of an extended hours license is a privilege, not a right, and that failure of the licensee to strictly observe all of the conditions of the license shall be grounds for revocation or non-renewal of such license.

3.

The town administrator shall be authorized to suspend review of any application where the premises is the subject of an unresolved notice of violation or which is contrary to a final order by the special magistrate pursuant to chapter 6, division 1 of the Town Code.

4.

The town administrator or designee shall be authorized to require such documentation, drawings, reports or studies as may reasonably require to demonstrate compliance with the provisions of this article. The town administrator or designee shall inform the applicant in writing of any incompleteness.

5.

Upon notice of an incomplete application, the applicant shall have sixty (60) calendar days to correct the deficiencies or the application will be considered withdrawn.

6.

Once deemed complete by the town administrator or designee, the application shall be forwarded for review by town departments as determined appropriate by the town administrator or designee.

(C)

Review criteria. The following are the minimum criteria for consideration of an application for an extended hours license:

1.

The nature, amount and degree of law enforcement activities generated by the operation of such establishment within the three (3) years prior to its application; by previous establishments in the same location; or at any establishment involving the same owner or managers, or any other person with a proprietary interest in the establishment. Consideration will be given as to whether the calls are initiated by the establishment and what efforts have been taken to reduce or prevent unlawful activity at establishments owned or managed by the applicant.

2.

Whether owners or managers, or any other party with a proprietary interest in the establishment have been convicted of criminal offenses.

3.

Whether the effects of the extended hours may place an undue burden on the neighborhood in proximity to the establishment, especially with respect to patron activities and effects of noise, parking, and vehicular use.

(D)

(Reserved.)

(E)

Notice to surrounding properties; public comment. As soon as practicable after an application is determined complete for review, the town administrator or designee shall cause a "notice of application" to be mailed to surrounding property owners in the manner set forth in section 12-306(E), except that the notification distance shall be five hundred (500) feet from the premises that is the subject of the application. The notice shall indicate where members of the public may submit written comments in relation to the application. The applicant for the extended hours license shall be responsible for the cost of the "notice of application."

(F)

Final decision. No sooner than twenty (20) but no later than thirty (30) days after the mailing of the "notice of application," the town administrator or designee shall consider any public comments or additional information submitted in relation to the application and render a final decision, setting out in writing the reasons for such approval or denial, and any conditions of approval.

(G)

Appeal to Town Council. Any applicant aggrieved by a final decision pursuant to paragraph (F) rendered by the town administrator or designee in regard to this article shall have thirty (30) calendar days to file an appeal to the town council. Upon receipt of such appeal, the town administrator or designee shall schedule a public hearing at the next available, regularly scheduled town council meeting.

(Ord. No. 2016-020, § 2(Exh. A), 8-17-16; Ord. No. O2018-011, § 2(Exh. A), 4-4-18; Ord. No. O2023-006, § 2(Exh. A), 5-17-23)

To ensure public health and safety, the establishment shall comply with the following conditions during all hours of operation:

(A)

Security cameras. A security camera system capable of recording and retrieving video images to assist in offender identification and apprehension shall be provided. The system must capture entrances and exits, cash registers and parking lots. Camera must be activated and recording video during all hours of operation and recorded videos and images shall be retained for no less than fourteen (14) days on the licensed premises before discarding by the licensee.

(B)

Signage. The establishment shall participate in the Town of Davie "No Trespassing" program.

(C)

Responsible vendor program. Any applicant for an extended hours license must comply with Florida's Responsible Vendor Act as set forth in F.S. §§ 561.701 through 561.706, and must submit proof that each of its employees has completed a course of instruction dealing with alcoholic beverages, and must continue to be a member in the responsible vendor program as a condition of maintaining an extended hours license. Those applicants seeking approval must become members of the State of Florida Responsible Vendor Program prior to the extended hours license being issued.

(D)

Security detail. As a condition of any extended hours license, the town may require that the landowner provide, at the landowner's expense, private duty police detail officer(s), Florida licensed security guard(s), or any combination thereof, during the hours of operation covered by the extended hours license. If security personnel are required, the number and type of security personnel shall be at the discretion of the chief of police or his/her designee. After the issuance of an extended hours license, the chief of police or his/her designee may periodically review and adjust the security requirement based on the availability of off-duty police officers and/or current security conditions in and around the establishment.

(E)

On-premises manager. The licensee shall designate an on-premises manager with the capacity to act on behalf of the licensee or applicant for the receipt of service of notices related to the extended hours license and related enforcement by suspension, revocation, or termination of the extended hours license by the town or in any enforcement action; in addition, the town may also post in a conspicuous location upon the licensed premises a notice that carries out any immediate legal action for the purpose of taking immediate enforcement action applicable to the extended hours license should said manager fail to appear or be identified

(F)

State licenses. The establishment shall meet all state licensing requirements necessary to serve, sell or allow the consumption of alcoholic beverages on the premises.

(G)

Town business requirements. The establishment shall maintain the required business tax receipt pursuant to Chapter 13 of the Town Code, including any associated annual building and fire inspections.

(H)

Change of ownership. Any extended hours license issued or an application seeking approval for an extended hours license shall be deemed null and void immediately upon the change of ownership in any alcoholic beverage establishment.

(I)

Posting of license. An official copy of the extended hours license shall at all times be conspicuously displayed near the main customer entrance of the establishment so that it is viewable without having to enter the establishment.

(Ord. No. 2016-020, § 2(Exh. A), 8-17-16; Ord. No. O2018-011, § 2(Exh. A), 4-4-18)

(A)

Summary action to suspend extended hours license. In addition to any other enforcement actions available to the town, if at any time during the operation of an alcoholic beverage establishment, the Chief of Police or his/her designee determines that the licensee has violated any of the statutes, codes or regulations of the state, county or town, including any conditions of approval of the town's extended hours license, the Chief of Police or his/her designee may take summary action to suspend the extended hours license by providing written notice to the on-premises manager of the establishment.

(B)

Administrative appeal of summary action to suspend extended hours license. An extended hours license holder who is aggrieved by a summary action taken pursuant to paragraph (A) above may file a written appeal to the Town Administrator or designee within thirty (30) calendar days. The Town Administrator shall consider the appeal no later than two (2) business days after receipt of the written appeal unless a later date is mutually agreed by the town and the appellant. Upon consideration of the appeal, the Town Administrator shall have the authority to overturn the summary action to suspend the extended hours license, to establish new conditions of approval for the extended hours license, or to revoke the extended hours license.

(C)

Appeal to Town Council. An extended hours license holder who is aggrieved by a decision of the Town Administrator made pursuant to paragraph (B) above may file a written appeal to the Town Council or within thirty (30) calendar days. The appeal process shall be the same as set forth in Section 12-605(G). Upon consideration of the appeal, the Town Council shall have the authority to overturn the summary action to suspend the extended hours license, to establish new conditions of approval for the extended hours license, or to revoke the extended hours license.

(D)

Revocation of license. Wherever an extended hours license is revoked in accordance with this section (12-607), the licensee shall be prohibited from re-applying for one (1) year from the date of the revocation.

(Ord. No. 2016-020, § 2(Exh. A), 8-17-16)