§ 6-1. Definitions.  


Latest version.
  • For the purposes of this chapter, the words and phrases used in this chapter shall have the meanings respectively ascribed to them by the state alcoholic beverage code, F.S. Chs. 561—567. In addition to the definitions contained in the state alcoholic beverage code, the following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Alcoholic beverage means alcohol, spirits, liquor, wine or beer, regardless of amount, containing more than one percent alcohol by weight.

    Alcoholic beverage establishment means any establishment which has as its primary business operation the consumption, sales and service of alcoholic beverages for consumption on the premises, including, but not limited to, a bottle club, cocktail bar, hotel bar, nightclub, brewpub, microbrewery, micro-distillery, or micro-winery, as those terms are defined in this article. Restaurants and any other establishments in the downtown master plan area which remain open past midnight on any night and offer alcoholic beverages, beer or wine for sale and/or consumption on premises shall be considered alcoholic beverage establishments with respect to the regulations regarding extended hours permits and security requirements.

    Bakeries, cafés and coffee shops mean a small or informal restaurant or coffee bar, serving light meals and refreshments. The sale or service of beer and wine is incidental to the sale and service of food and nonalcoholic beverages and meets the following criteria:

    a.

    Only the sale of beer and wine shall be permitted for consumption upon premises with food.

    b.

    Bakeries, cafés and coffee shops shall have a customer service area consisting of tables and chairs or customer counters for customer seating and service of food.

    c.

    The hours of sale for beer or wine are Monday through Saturday 11:00 a.m. to 10:00 p.m.; Sunday 12:00 noon to 10:00 p.m.

    d.

    Bakeries, cafés and coffee shops shall have all required and appropriate state licenses, as well as all municipal or county permits required by law, and must meet all local zoning requirements.

    Bona fide entertainment establishment means any establishment in the downtown master plan area which has as its primary business operation entertainment, including, but not limited to, a movie theater, or other theater or similar establishment with seating designed for viewing a production or show.

    Bona fide restaurant means an establishment engaged primarily in the service of food and nonalcoholic beverages, where the sale or service of alcoholic beverages is incidental to the sale and service of food and nonalcoholic beverages and meets all of the following criteria:

    (1)

    A bona fide restaurant must, during all hours of operation until 12:00 a.m., continually offer food service consisting of full course meals. Full course meals shall include a salad or vegetable, entree and beverage. Customers shall generally be able to order any item on the applicable menu.

    (2)

    A bona fide restaurant must have full kitchen facilities and preparation staff capable of preparing and serving full course meals during all hours of food service for the full occupant load of its establishment.

    (3)

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

    (4)

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

    a.

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

    b.

    The full occupant load shall be determined in accordance with the provisions of the current edition of the Florida Fire Prevention Code.

    (5)

    A bona fide restaurant must have the appropriate license issued by the division of hotels and restaurants as well as all municipal or county permits required by law, and must meet all local zoning requirements.

    Bottle club means any business which does not hold a state license for the sale of alcoholic beverages but permits its members or customers to bring their own bottles for consumption on the business premises.

    Brewpub/microbrewery/micro-distillery/micro-winery means any facility for the manufacturing of malt beverages, beer, wine, and other beverages with alcoholic content. Such facilities may also offer tours, tasting rooms, bars, restaurants, package sales, and distribution components.

    Business establishment includes, but is not limited to, any place of business or any club, organization, person, firm, corporation or partnership, such as: a golf club; country club; veteran's fraternal or benevolent organization; grocery store; drug store; bar; tavern; grill; filling station; convenience store; or any other building, structure or location or portion thereof, wherein one person directly or indirectly pays another for purchase or dispensing of an alcoholic beverage.

    City block shall mean all of the land surrounded by city streets. Blocks that are bisected by alleys shall be considered as two city blocks.

    Cocktail bar means a place of business licensed under the state beverage law to sell any or all alcoholic beverages for consumption on the premises during the hours permitted under this chapter.

    Concert means a live musical performance wherein the artist(s) or act(s) is either (1) represented by a licensed talent agency and belongs to a licensed musician's union and to any of the following performing rights societies: ASCAP, BMI, or SESAC (i.e. "national act"), or (2) a local, unsigned musical artist(s) or act(s). The term "concert" shall not include or mean a disc jockey performance, a local unsigned act accompanying a disc jockey, a dance performance, a comedian, or other forms of entertainment that are not related to live musicians, whether instrumental or vocal in nature.

    Concert venue means an alcoholic beverage establishment which (1) produces a minimum of ten concerts in a calendar year wherein the artist(s) or act(s) is represented by a licensed talent agency and belongs to a licensed musician's union and to any of the following performing rights societies: ASCAP, BMI, or SESAC (i.e. "national act"), or (2) which has produced a minimum of ten such concerts in the preceding calendar year and which produces a minimum of ten such concerts in a calendar year. Additionally, such establishment must be a member of, and licensed by, at least one of the foregoing performing rights societies.

    Conspicuously posted means clearly visible, easily readable and immediately apparent upon viewing.

    Consumption off the premises means consumption of beer, wine or alcoholic beverages of any kind at a place different from the place where purchased.

    Consumption on the premises means consumption of beer, wine or alcoholic beverages of any kind upon premises where purchased.

    Dispense means storing, handling, apportionment, preparation, gift, distribution, or serving, directly or indirectly, of any amount of an alcoholic beverage to or for any person by any officer, owner, operator, lessee, or employee of a business establishment, alcoholic beverage establishment, bakery, café, coffee shop, bona fide entertainment establishment, bona fide restaurant, bottle club, cocktail bar, concert venue, establishment with alcohol as accessory use, hotel bar, nightclub, package store or restaurant bar. For purposes of this definition, permitting or allowing any person to carry alcoholic beverages on the premises of any such establishment to be consumed thereon shall constitute the "dispensing" of such beverages.

    Establishment with alcohol as accessory use means a retail or service establishment which offers alcoholic beverages to its customers for consumption upon the premises as an accessory service; for example, a beauty salon which offers wine to customers while providing beauty services; but consumption of alcohol is not the primary business and no more than 25 percent of the gross revenue of the business is derived from the sale of alcoholic beverages. This provision shall not apply to convenience stores as defined in section 94-611 of the zoning and land development regulations.

    Hotel bar means a bar operated in connection with a hotel, apartment hotel, motor court or motel, motel rooms or separate apartments, and operated by the same owner or management, such bar being equipped with adequate and sanitary equipment. The hotel bar must be directly connected with the inside of the hotel. More than one dispensing bar may be operated at the same location provided an appropriate state license has been obtained for such operation. The sale of beer, wine and liquor shall be prohibited except during the time that the hotel is actually engaged in and open to the public for operation of hotel business. No sign of any kind shall be permitted to be exhibited or displayed, visible to the outside, denoting that alcoholic beverages are obtainable therein.

    Minor means any individual under the legal drinking age as set forth in F.S. §§ 562.11 and 562.111, as may be amended or replaced.

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

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

    Person means an individual, person, firm, joint venture, partnership, corporation, estate, trust, business trust, syndicate, fiduciary, association, and all other groups or combinations.

    Restaurant bar means a bar operated in connection with a restaurant and by the same owner or management. A restaurant bar must be directly connected with such dining room and must be only a service bar for patrons of such restaurant. Stools shall be permitted at such bar, and intoxicating liquors must be sold by the drink only from such bar. No package goods shall be sold from such bar, nor shall a package store be permitted upon the premises. More than one dispensing bar shall be permitted to be operated at such location in connection with such dining room. The sale of beers, wines and liquors shall be prohibited except during the time the restaurant is actually engaged in and open to the public for the serving of full course meals.

    Sale means any transfer of an alcoholic beverage for consideration, or any gift of any alcoholic beverage in connection with or as a part of a transfer of any property or product for consideration.

    Shopping center means a group of commercial establishments, planned, developed, managed and operated as one unit with off street parking provided on the property in a common parking lot area.

    Vendor of alcoholic beverages means any person who owns or operates a business establishment, alcoholic beverage establishment, bakery, café, coffee shop, bona fide entertainment establishment, bona fide restaurant, bottle club, cocktail bar, concert venue, establishment with alcohol as accessory use, hotel bar, nightclub, package store or restaurant bar which sells or dispenses any alcoholic beverages for consumption on or off the premises.

(Ord. No. 4394-11, § 1, 1-23-2012; Ord. No. 4488-13, § 1, 10-28-2013; Ord. No. 4545-14, § 2, 1-5-2015; Ord. No. 4648-16, § 1, 9-26-2016; Ord. No. 4686-16, § 1, 12-19-2016)