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 beverages means all beverages containing more than one percent of alcohol by weight.

Beer means all malt beverages containing more than one percent of alcohol by weight and not over 14 percent of alcohol by weight.

Club means a bona fide club. Such a club shall consist of persons associated together under a charter as an incorporated club, incorporated under the laws of the state. Such clubs shall have a bona fide membership and shall have been in continuous existence and operation for a period of not less than two years in the city at the time of the application for such license, except municipally owned golf clubs and national veterans' and fraternal organizations.

Consumption off the premises means the selling of beers, wines and other alcoholic beverages in the original unbroken containers, to be taken by the purchaser off the premises where sold before being consumed.

Consumption on the premises means consumption of all beers, wines or other alcoholic beverages, or the right to sell such beverages by the drink or bottle.

Hotel bar means a bar operated in connection with a hotel or apartment hotel of more than 50 hotel rooms or apartments, and operated by the same management, such bar equipped with adequate and sanitary equipment.

Intoxicating beverages means all liquors, wines and beers containing more than 3.2 percent of alcohol by weight.

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

Nightclub means any place of business operating after 2:00 a.m. where alcoholic beverages are served and sold to the public for consumption on the premises.

Package store means a vendor licensed to sell all alcoholic beverages, but in sealed containers only and for consumption off the premises. The sealed package shall not be broken and the contents shall not be consumed in or on the premises under a package store license.

Restaurant bar means a bar operated in connection with a restaurant and by the same management, where the principal business is the serving of meals and where meals are actually and regularly served, having accommodations for service of 150 or more patrons at tables and occupying more than 3,000 square feet of space, such space being provided and equipped with adequate and sanitary kitchen and dining room equipment. The restaurant bar must be directly connected with such dining room. The sale of beers, wines and liquors shall be strictly incidental to the serving of food. No sign shall be displayed on the restaurant or restaurant bar to the outside, denoting that alcoholic beverages are sold there.

Vendor means any person, association of persons or corporation selling or keeping with the intention of selling or dealing in the beverages referred to in this chapter.

Wine means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe fruit, with the usual cellar treatment and necessary additions to correct defects due to climatic saccharine and seasonal conditions, including champagne, wine coolers, sparkling and fortified wine of an alcoholic content not to exceed 24 percent by volume. No other product shall be called "wine" unless designated by appropriate prefixed descriptive of the fruit or other product from which it was predominantly produced or as artificial or imitation wine.

(Code 1980, § 5-1)

Cross reference— Definitions generally, § 1-2.

State Law reference— Definitions, F.S. § 561.01 et seq.

No person shall sell or serve any intoxicating liquor, including malt beverages of legal alcoholic content, except upon the premises of a person holding a license from the state for the sale of alcoholic beverages.

(Code 1980, § 5-2)

All licensees holding licenses issued by the state for the sale of alcoholic beverages shall be required to have approval of their place of business to ensure that the place of business complies with all applicable ordinances of the city regarding zoning and hours of closing.

(Code 1980, § 5-3)

Cross reference— Zoning and land development, ch. 32.

State Law reference— Establishing hours of sale, F.S. §§ 562.14, 562.45(2); regulating location by municipality, F.S. § 562.45(2); enacting sanitary regulations, F.S. § 562.45(2).

(a)

No person licensed under the provisions of the state beverage law, or any employee of such person, shall sell, offer for sale, or deliver, or serve upon the premises of such vendor, any liquors, beer or wine, regardless of alcoholic content, on any weekday or Saturday between the hours of 2:00 a.m. and 7:00 a.m., or on Sundays between the hours of 2:00 a.m. and 1:00 p.m.; however, holders of nightclub licenses may serve, offer for sale and sell, upon the premises of such license holder, liquors, beer and wine, except between the hours of 6:00 a.m. and 7:00 a.m. on weekdays or Saturdays and 6:00 a.m. and 1:00 p.m. on Sundays. A holder of a 6:00 a.m. nightclub license may file a written request with the city manager to serve, offer for sale and sell, upon the premises of such license holder, liquor, beer and wine, between the hours of 6:00 a.m. and 7:00 a.m. on January 1. In deciding whether to grant the request, the city manager shall consider the specific criteria contained in section 5-9(a)(1—3). If the city manager denies the request, the holder of the 6:00 a.m. nightclub license may appeal the city manager's decision to the city commission. In deciding whether to uphold, modify or reverse the city manager's decision, the city commission shall consider the specific criteria contained in section 5-9(a)(1—3). The holder of the 6:00 a.m. nightclub license may seek review of the city commission's decision as provided by law.

(b)

Application for a special permit to commence sales of alcoholic beverages for consumption on the premises at 6:00 a.m. on Saturday and/or Sunday, or for sales off the premises at 7:00 a.m. on Sunday may be made by establishments upon payment of a nonrefundable application fee, on file in the city clerk's office, to defray the costs of issuance, policing and regulation of such licenses. Issuance, renewal and revocation of such special permit shall be based upon the criteria of section 5-9(a)—(c) and (e) as to nightclub licenses shall be applicable to this permit issued by the city manager; however, appeals of his decisions shall be to the city commission; and such an application shall not be reviewed by the planning and zoning board.

(c)

Application for a special permit for particular holidays or events may be made by an establishment licensed for 2:00 a.m. sales for extended hours to 4:00 a.m. upon application made at least 30 days prior to the event or holiday and payment of an application fee, which is on file in the city clerk's office.

(Code 1980, § 5-5; Ord. No. 2002-21, § 1, 12-3-2002)

State Law reference— Authority to regulate hours of sale, F.S. §§ 562.14, 562.45(2); closing by mayor in time of riot, F.S. § 562.454; closing during disorders, F.S. § 870.045.

It shall be unlawful for any owner, proprietor, operator, lessee, manager, or agent for any owner, proprietor, operator or lessee of any bar, cabaret, lounge, tavern, nightclub or other establishment where alcoholic beverages are sold or offered for sale for consumption either on or off the premises, to allow or permit any patron, customer or prospective patron or customer, or any other person except the owner, proprietor, operator, lessee, manager or agent for the owner, proprietor, operator or lessee, and the normal and ordinary employees of such establishments, to remain upon the premises longer than 20 minutes after the time set for cessation of sales of alcoholic beverages at such establishment.

(Code 1980, § 5-6)

(a)

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

Restaurant means a public food service establishment where food is regularly prepared and served for immediate consumption on the premises, duly licensed under all applicable laws, regulations and ordinances. Such establishment shall also have full kitchen facilities, and in excess of 50 percent of the establishment's gross income shall be from a source other than the sale of alcoholic beverages.

School means an organization of pupils for instructional purposes on a kindergarten, elementary or secondary level, whether public, private or parochial.

(b)

Interbusiness distances. No place of business licensed to sell beer, wine and liquor with consumption off the premises may be located within 600 feet, measured by the most direct route from main entrance to main entrance, of another place of business licensed to sell beer, wine and liquor with consumption off the premises.

(c)

Exception. Interbusiness distance requirements of this section shall not apply to any business licensed to sell beer, wine or liquor for consumption on the premises or restaurants selling alcoholic beverages as defined herein.

(d)

Place of worship, school and public park distances. No establishment, other than restaurants as defined herein, may sell alcoholic or intoxicating beverages for consumption on-premises or off-premises other than that specified in subsection (g) hereof within 500 feet of a public park or within 1,000 feet of a place of worship, school or property owned by a place of worship or school and designated for use as a place of worship or school. In order for a place of worship or school to put on notice a property owner of its intention to erect a structure on a site, it must submit an affidavit to the city clerk setting forth the legal description of its property, affirming that the property is owned by the place of worship, and which affidavit shall state the intention of the place of worship to build a structure on the site. For the purposes of this section, the distances shall be determined by the most direct route from the main entrance of the establishment to the nearest property line of the place of worship, school or public park.

(e)

Existing establishments. Nothing contained in this section shall be construed as preventing the renewal, continued use or transfer of ownership of any current licenses issued in full compliance with all laws, ordinances or regulations applicable at the time of issuance of the original license; but such licenses shall be subject to the restrictions contained in the zoning ordinance of the city. Whenever a license has been lawfully procured and thereafter a place of worship, or a school site is acquired, or a place of worship or school is constructed without compliance by such place of worship or school with the notice requirements set forth in subsection (d) of this section, such acquisition or construction shall not have any effect on the revocation, renewal or transfer of ownership of such licenses.

(f)

Zoning compliance. Nothing contained in this section is intended to affect provisions of the zoning ordinance of the city, which are reaffirmed and continued.

(g)

Off-premises beer establishments. Subsection (d) of this section shall not apply to establishments licensed under F.S. § 563.02 to sell beer off the premises; however, such establishments located within 1,000 feet of a school measured in the manner set forth in subsection (d) of this section shall be prohibited from selling beer between the hours of 7:00 a.m. and 9:00 a.m., and 11:00 a.m. and 4:00 p.m. on days when school is in session, and establishments located within 1,000 feet of a place of worship measured in the manner set forth in subsection (d) of this section shall be prohibited from selling beer between the hours of 8:00 a.m. and 1:00 p.m. on Sundays.

(h)

Waivers.

(1)

The planning and zoning board may grant a waiver to any of the provisions contained in this section, subject to the following limitations:

a.

The applicant shall file an application and pay an application fee. Such fee is on file in the city's fee booklet. The applicant shall furnish a certified survey from a registered land surveyor indicating the distance between the proposed premises and any other specified use.

b.

The planning and zoning board must hold a public hearing with prior written notice by first class and certified mail being given to the affected parties. With respect to a waiver from the establishment separation requirement, the notice shall be to any such establishment within the specified distance. With respect to the separation requirements from schools, notice shall be sent to the school, as appropriate. With respect to public schools, notice shall be sent to the principal and to the school board of the county.

c.

All waivers granted are subject to revocation by the city commission if adverse effects on the affected parties result.

d.

The applicant is required to demonstrate that the granting of the waiver will not have any substantial or material adverse effect on the parties sought to be protected by the particular provision sought to be varied, and that the spirit and intent of this section will not be violated.

(2)

An administrative waiver from the separation requirements for any establishment for consumption off-premises within the specified distance and a place of worship; or, between an establishment not considered a restaurant that serves alcoholic beverages on-premises and a place of worship, school or public park may be granted by the director of the department of sustainable development upon the following:

a.

Submittal of an application and payment of filing fee. The applicant shall include information specified in subsections 5-6(h)(1)(a) and (d) of this section.

b.

The filing fee for administrative waiver requests shall be the as specified in the city's fee schedule for alcoholic distance waiver.

c.

The city shall notify the affected place of worship, school or public park by mail. Such notice shall be sent as a courtesy by first class and certified mail stating the nature of the administrative waiver being considered; the place and time the application may be reviewed; and, notification that any protest by the affected party of the granting of the waiver will be required in writing within 20 working days of the date of the notice.

d.

If an affected party submits a written protest, the applicant may withdraw the application or elect to submit the application to the planning and zoning board at a public hearing.

(3)

The granting of the authority to the planning and zoning board to grant waivers to this section is expressly declared to be nonseverable from the requirements and limitations imposed on the exercise of that authority, and the invalidity of any of those provisions shall result in the invalidity of that grant of authority.

(Code 1980, § 5-7; Ord. No. 2001-7, § 1, 6-5-2001; Ord. No. 2012-17, § 1, 8-1-2012; Ord. No. 2019-017, § 2, 11-20-2019; Ord. No. 2025-027, § 2, 11-5-2025)

Cross reference— Zoning use districts, app. A, art. IV, § 20.09.

State Law reference— Persons holding off-premises beer sale licenses not subject to zoning, F.S. § 563.02(1)(a); authority to regulate location, hours, etc., F.S. § 562.45(2).

(a)

No person licensed under the state alcoholic beverage law shall allow or permit between the hours of 12:00 p.m. and 7:00 a.m. the following morning, instrumental music, singing or other forms of entertainment (whether live or mechanical) in any room where alcoholic beverages are sold or offered for sale, indoors or outdoors, of such a loud and noisy nature as to disrupt the peace and quiet of the neighborhood or of such nature as to annoy or disrupt any citizen of ordinary sensibility in his residence in the city.

(b)

If during the hours specified in subsection (a) of this section such instrumental music, singing or other forms of entertainment (whether live or mechanical) is plainly audible at a distance of 300 feet from the building or structure in which it is located, such shall be prima facie evidence of a violation of this section. It is not intended by this section to sanction or condone noisy, annoying and disturbing music, singing and other forms of entertainment (whether live or mechanical) at hours other than the time designated in this section; nor is it intended to allow music, singing and other forms of entertainment (whether live or mechanical) at any hours other than the hours in which alcoholic beverages may be lawfully sold.

(Code 1980, § 5-8)

(a)

The consumption, holding or carrying of any alcoholic beverage in an open bottle, glass or other drinking container shall be unlawful if conducted outside of an enclosed or walled structure or patio portion of premises licensed under this chapter. It shall be unlawful to carry on such activities while upon any public street, thorough-fare, park, sidewalk or other public place or area regularly devoted to public vehicular or pedestrian use. The service of alcoholic beverages shall be restricted to on-premises consumption by customers within a licensed outdoor café.

(b)

Notwithstanding the prohibitions set forth in paragraph (a), the city may enter into an agreement with a vendor for service of alcoholic beverages for possession and consumption in designated areas of the city's beach parks including the sandy beach portion.

(c)

Any violation of subsection (a) shall be deemed to be a second degree misdemeanor punishable by up to 60 days incarceration and/or a fine not to exceed $500.00 or both.

(Code 1980, § 5-9; Ord. No. 2013-04, § 1, 6-19-2013; Ord. No. 2015-05, § 1, 5-20-2015)

Cross reference— Streets, sidewalks and other public ways, ch. 25.

(a)

A person licensed under the provisions of the state beverage law may file an application with the city for a nightclub license to enable the applicant to serve, offer for sale, and sell upon the applicant's premises, liquor, wine and beer, until the hours of 4:00 a.m. or 6:00 a.m. Upon receipt of an application for a nightclub license, the development services department director shall place the application on the planning and zoning board agenda for a hearing and notify the applicant of the date of such hearing. At the time of the hearing, the planning and zoning board shall recommend to the city commission that the commission grant the license, deny the license, or grant the license subject to certain conditions. Once the planning and zoning board has made its recommendation, the application shall be placed on the city commission agenda, and the city commission shall hear the application after proper notice to the applicant of the date of such hearing. At the time of the hearing, the city commission may grant the license, deny the license, or grant the license subject to specific conditions. The applicant may seek review of the city commission's decision, as provided by law. In considering the application, the planning and zoning board and the city commission shall base their decisions on the following criteria:

(1)

The amount of off-street parking in relation to the demands created by the extra hours of operation, especially with regard to any spillover effect creating illegal or hazardous parking or parking in adjacent residential areas.

(2)

The amount and degree of law enforcement activities generated by the extra hours of operation, both inside and outside the particular location, with particular reference to noise, vehicular use by patrons, and illegal activity of any kind by employees, patrons or others associated with the establishment, during or within one hour after the extended hours of operation.

(3)

The adverse effects, if any, that the extended hours of operation will have on neighboring properties, especially with respect to the effects of noise, parking and glare from headlights or exterior lighting, on nearby residential properties.

(b)

The city commission may require, as a condition of the privilege of extended hours of operation, compliance with any reasonable conditions deemed by the commission to be necessary to mitigate or eliminate the adverse effects of that operation. These conditions may include, without being limited to, provision by the owner or operator or the licensee, at his expense, of additional off-street parking, security personnel, and screening and buffering from nearby properties.

(c)

The granting of extended hours of operation, either citywide or to a particular licensee, has been and continues to be a privilege subject to modification or termination by the city commission each year at renewal time; and no person may reasonably rely on the continuation of that privilege.

(d)

All nightclub licenses shall expire at 11:59 p.m. on September 30 of each year unless previously renewed by the city commission. The development services director shall place all current nightclub licenses on the agenda for the first regular city commission meeting in August and shall notify all licensees of that date. The city commission may deny renewal, grant renewal or grant conditional renewal. The specific criteria for city commission consideration in making the decision shall be the same criteria set forth in subsection (a) of this section for the original issuance.

(e)

If prior to renewal time the city manager determines that any licensee has either violated a condition of renewal or is operating in a manner harmful to the public health, safety or welfare, he may place on the city commission agenda the matter of revoking the nightclub license, providing at least ten days written notice to the licensee of the charges against him and the date, time and place of the agenda item, and, after consideration of the matter, and allowing the licensee to be heard, the city commission may revoke, modify or condition the nightclub license. In deciding whether to revoke the license, the city commission shall consider the specific criteria contained in section 5-9(a)(1—3). The licensee may seek review of the city commission's decision as provided by law.

(f)

In addition to the business tax, each licensee shall pay an annual nonrefundable application fee and, in the event of approval, a regulatory fee to defray the costs of policing and regulation. Such fees are on file in the development services department.

(g)

A nightclub business license issued under the provisions of this section may not be assigned or transferred without consent of the city commission.

(Code 1980, § 5-13; Ord. No. 2002-21, § 1, 12-3-2002; Ord. No. 2018-011, § 2, 5-2-2018)