It shall be unlawful for any person or entity to sell any type of alcoholic beverage from any parcel of land within the city, unless the parcel of land has been granted a permit for the sale of alcoholic beverages, pursuant to the provisions of this chapter.

(a)

Specified districts are the Central Business District (CBD), Channel District (CD), and Ybor City Historic District (YC), as described in this chapter.

(b)

Conditions for approval in the specified districts above. Whenever the subject property of an application is located within a specified district, and it is approved for alcoholic beverage sales for any classification involving on-site consumption, the following conditions shall automatically be imposed:

Security. If, at any time, the property use is a bar/lounge or club, as these terms are defined in this chapter, the following security shall be provided:

(1)

Exterior security officers consisting of off-duty (extra-duty) sworn law enforcement officers, of a number as determined appropriate in an application to the law enforcement agency requesting the same, which number shall not be less than two (2); provided however, one (1) exterior security officer may be permitted in the event two (2) immediately adjacent establishments mutually utilize the same two (2) officers, and said arrangement is approved by the law enforcement agency assigning said officers. Exterior security officers shall only be required if the number of occupants exceeds two hundred fifty (250) persons.

(2)

Interior security personnel of a number equaling one (1) security officer per one hundred fifty (150) occupants.

(3)

When required, interior and exterior security personnel shall be provided seven (7) days a week.

(a)

Expiration, posting of notice, resumption of sales.

(1)

An approval for alcoholic beverage sales shall expire if alcoholic beverages sales do not occur for sixty (60) consecutive days, subject to the provisions below.

(2)

Posting of notice. The property shall be posted with notice, as defined below, immediately upon a determination by the zoning administrator that the sale of alcoholic beverages has been discontinued. The posted notice shall contain at a minimum:

NOTICE

Pursuant to Chapter 27, City of Tampa Code of Ordinances, if no alcoholic beverages are sold for sixty (60) consecutive days beginning (date), the approval for alcoholic beverage sales for this location will automatically expire on (date).

To apply for a one hundred twenty-day administrative extension of time for the expiration, contact the Land Development Coordination Division, (phone number), prior to the expiration date on this NOTICE. Application for the administrative extension of time must be made prior to (date).

a.

The land development coordination division, no later than two (2) business days after the notice is posted, shall send a copy of the notice to the property owner, per the most recent tax roll, and the holder of the alcoholic beverage license, via certified mail.

b.

Within sixty (60) consecutive days of the date that the property was posted (the "posting period"), the property owner or the holder of the alcoholic beverage license shall either produce evidence of sales of resumption or request an administrative extension. If the property owner or the holder of the alcoholic beverage license does not provide any evidence or request the administrative extension within the posting period, which shall constitute the clear intention to abandon the sales of alcoholic beverages and the approval for said sales shall expire.

1.

Evidence of resumption of sales of alcoholic beverages. If the sale of alcoholic beverages has resumed within the posting period, the written notification and associated documentation as described below must be filed with the zoning administrator, prior to the expiration of the posting period. The following documentation, if applicable to the subject property, shall be submitted as evidence that the sale of alcoholic beverages has resumed:

i.

A notarized "Resumption of Sales" form identifying the date alcoholic beverages sales resumed (blank forms are provided by the land development coordination division); and,

ii.

The most current invoices, delivery receipts, and payments to a distributor of alcoholic beverages; and,

iii.

The most current records of state sales tax payments; and,

iv.

The most current records of electric usage, consumption, and payment of same for the property or establishment; and

v.

The most current records of water usage, consumption, and payment of same for the property or establishment; and

vi.

Photographs of the property or establishment that demonstrate compliance with property maintenance and structural standards in Chapter 19; and

vii.

Copy of a valid and current alcoholic beverage sales license from the State of Florida; and

viii.

Copy of valid and current city business tax receipt; and,

ix.

Copy of valid and current occupational license.

The documentation, collectively, must at a minimum demonstrate on going sales activity, the possession of a valid state and local license, and continual operation and maintenance of the property. The zoning administrator shall review and evaluate the documentation provided and determine whether the sales of alcoholic beverages have resumed in accordance with this chapter. The zoning administrator shall advise the property owner and the holder of the alcoholic beverage license in writing of his/her determination. While the documentation is under review, the posting period shall be tolled.

2.

Administrative extension of posting period. The property owner or the holder of the alcoholic beverage license may apply to extend the posting period for an additional one hundred twenty (120) days without affecting the status of the approval. Applications shall be legible and notarized, on a form provided by the land development coordination division and shall, at a minimum, include the following:

i.

Name and address of property owner;

ii.

Copy of the original ordinance granting the sales of alcoholic beverages from the subject property; and,

Only one (1) one hundred twenty-day administrative extension may be granted by the land development coordination division to extend the initial posting period. Failure to timely file a complete application shall result in the expiration of the approval for alcoholic beverage sales. The zoning administrator may consider additional administrative extensions of the initial posting period, not to exceed one hundred eighty (180) consecutive days per extension period, the applicant must provide evidence that supports an intent not to abandon the sales of alcoholic beverages as part of the application. Examples of evidence include, but are not limited to:

i.

Active building permits or application for variance or zoning approval;

ii.

Active listing or contract for lease/sale of property and/or business for similar use; or

iii.

Active litigation involving the property and/or business.

c.

Exemptions. Public cultural facilities and public golf courses shall be exempt from the posting period.

Alcoholic beverage sales approvals, which have been suspended pursuant to section 27-318(b) shall be exempt from the expiration provisions of this section during the period of the suspension.

(b)

Expiration, voluntary extension.

(1)

If a property has not been posted pursuant to subparagraph (a) above, a property owner may apply to the zoning administrator for a voluntary extension of time, not to exceed one hundred eighty (180) consecutive days upon the initial approval of the extension. The owner must provide evidence that supports an intent not to abandon the sales of alcoholic beverages as part of the application. Examples of evidence include, but are not limited to:

a.

Active building permits or application for variance or zoning approval;

b.

Active listing or contract for lease/sale of property and/or business for similar use; or

c.

Active litigation involving the property and/or business.

(2)

If approved, the site will not be posted within the one hundred eighty-day extension period; however, if the circumstances change within this period, the property may be subject to (a) above.

(3)

The extension may be renewed for no more than one hundred eighty (180) consecutive days upon resubmittal and submission of additional evidence supporting (1) above.

(c)

Revocation or suspension of sales for cause.

(1)

Revocation or suspension of sales for cause. The city council, after conducting a public hearing as provided for in section 27-318(d) is authorized to suspend or revoke the ability to sell alcoholic beverages from property which has previously been granted an approval. In order for city council to suspend or revoke, it must determine that the property owner, holder of the alcoholic beverage license, operator of the establishment, or any agent or employee thereof, have been found to have violated or have been convicted of any one (1) or more of the following:

a.

Commission of an act, on or about the property, amounting to a felony under the laws of the state or the United States. For purposes of this section, the term 'on or about' shall include, but not be limited to, activities directly attributable to the approval to sell alcoholic beverages on the property, which occur on or about all adjacent sidewalks, rights-of-way and parking areas, both public and private, which patrons or employees may utilize to provide transportation to or from the property;

b.

The maintaining of a nuisance on the property (as said term is defined by this code or common law);

c.

Engaging in or permitting disorderly conduct on or about the property;

d.

Operation of the establishment in a manner that repeatedly, or on an ongoing basis, has negative secondary effects on surrounding property, including but not limited to violations of city code, ordinance or state law related to noise, parking, or trash and debris, after having received reasonable notice to terminate or correct any condition that is in violation of such code, ordinance or law;

e.

Failing to comply with any of the provisions of the fire prevention ordinance after having received reasonable notice to eliminate or correct any condition existing on the property that is in violation of such ordinance;

f.

Failing to comply with any of the provisions of the health and sanitation ordinances of the city, the county or laws of the state after having received reasonable notice to eliminate or correct any condition existing on the property that is in violation of such ordinances or laws;

g.

Conviction for selling, giving, serving or permitting to be served alcoholic beverages to persons under twenty-one (21) years of age or permitting a person under twenty-one (21) years of age to consume alcoholic beverages on such property, in accordance with state law;

h.

Revocation of a license for the sale of alcoholic beverages by the state department of business and professional regulation, division of alcoholic beverages and tobacco;

i.

The inclusion of false information in applying for an approval to sell alcoholic beverages;

j.

Conviction or withholding of adjudication or finding of delinquency of any patron of the property for underage possession of any alcoholic beverage;

k.

Allowing the sale of alcoholic beverages at or from an establishment, while the license for the sale of alcoholic beverages is suspended by the state department of business and professional regulation, division of alcoholic beverages and tobacco;

l.

Been convicted of the exterior maximum sound levels as provided for in Chapter 14, noise;

m.

Violated any part of section 27-319; Records; annual reports; revocation of "R" classification zoning;

n.

Violated any section of Chapter 14 or Chapter 27, any condition, limitation or restriction imposed by city council or the zoning administrator at time of approval, or any other section of the City of Tampa Code relating to alcoholic beverages.

City council may suspend the ability to sell alcoholic beverages for up to thirty (30) days for the first (1st) violation, sixty (60) days for the second (2nd) violation, and ninety (90) days for the third (3rd) violation. Upon the fourth (4th) or subsequent violation, city council may consider revocation of the approval to sell alcoholic beverages. In determining whether to suspend or revoke an approval to sell alcoholic beverages, city council shall consider:

a.

The gravity of the violation;

b.

Any actions taken by the violator to correct the violation; and

c.

Any previous violations committed by the violator.

Unless a public record is exempt from disclosure pursuant to F.S. Ch. 119, the owner of property shall be provided written notice of a violation by the city.

(2)

For purposes of this section, the terms "convicted" or "conviction" shall mean being found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a violation of a municipal or county ordinance or state or federal law, as provided herein. The terms "violation" or "violated" shall mean being found in non-compliance with any part of this Code as determined by the reviewing city department or city council.

(d)

Notice to owner and licensee of intention to revoke or suspend; public hearing. Prior to revoking or suspending, city council shall hold a noticed public hearing. The city clerk shall notify the owner of the property and the holder of the alcoholic beverage license by certified mail pertaining to the property of its intention to revoke or suspend the sale of alcoholic beverages from the subject property. City council shall grant the affected party a public hearing at a time and place to be specified in the notice and at a time not less than thirty (30) days from the date of the notice. Whenever city council determines that conditions are so unsafe as to immediately endanger life, limb, health or property, city council shall grant that affected party an emergency public hearing at a time and place to be specified in the notice at a time not less than fifteen (15) days from the date of the notice. If city council suspends or revokes the sale of alcoholic beverages from a property, the city shall cause the subject property to be posted with a notice of such suspension or revocation.

(Ord. No. 2019-130, § 3, 10-17-2019; Ord. No. 2022-136, § 1, 8-25-2022)

(a)

The property owner or the holder of the alcoholic beverage license of a business from which alcoholic beverage sales are made pursuant to an "R" zoning, "R" special use permit, or "alcoholic beverage sales special restaurant" or "alcoholic beverage sales restaurant" special use requirements, as defined in section 27-43 and subject to 27-132, is subject to the following requirements:

(1)

The property owner or the holder of the alcoholic beverage license shall:

a.

Keep and maintain separate books and records on the premises from which the alcoholic beverage sales are made or provide a certified copy of the books and records to PDD within ten (10) days of the request to view said documents;

b.

The books and records shall be of such a nature as to accurately identify each daily sale of food and each daily sale of alcoholic beverages (i.e. pre-numbered and dated sale slips; cash register tapes or machine printouts that date and identify each sale as being food or alcoholic beverages, etc.);

c.

The books and records shall reflect the gross sale of food and the gross sale of alcoholic beverages for each calendar year; and,

d.

The books and records shall, at a minimum, reflect that the combined gross sales of the business are not less than fifty-one (51) percent attributable to the sale of food during each calendar year.

(2)

The property owner or the holder of the alcoholic beverage license shall:

a.

Submit a signed (hand or electronic accepted) statement to PDD reflecting separately the gross sale of food, and the gross sale of alcoholic beverages made from the business for the preceding annual period; and,

b.

Submit the statement electronically, by hand-delivery, or via mail and postmarked on or before the thirty-first (31st) day of January of each year; and,

c.

Include with the signed statement above, a legible copy of the most current commercial insurance audit statement for the subject establishment.

(b)

Failure to comply with any part of subsection (a) shall result in the following actions:

(1)

PDD shall immediately call for and/or perform an inspection of the premises; and,

(2)

PDD shall immediately issue a "notice of non-compliance and late fee" to the business and property owner by certificate of mail, and shall impose and collect an administrative fee from said business, of one hundred dollars ($100.00) for the 1st occurrence within the filing history of that business, and five hundred dollars ($500.00) for each subsequent occurrence. The required documentation and late fee shall be submitted and paid to PDD. Said documentation and fee shall be either hand-delivered or sent via certified mail and postmarked on or before the thirtieth (30th) calendar day following the original required due date as stated in section 27-319(a)(2)b.

(c)

Non-compliance with any part of this section shall be deemed a violation of this section and are subject to the provisions of section 27-318.

(Ord. No. 2014-89, § 1, 9-18-2014)