§ 6-13. Enforcement and penalties.

(a)

In addition to any other penalty available under state law or this Code, any person or establishment dealing in alcoholic beverages violating this article shall be guilty of a misdemeanor. Any violation of this chapter is punishable pursuant to section 1-13. In addition to any other penalty provided in this section, a person violating this article shall be subject to the penalties and procedures set forth in F.S. §§ 162.22 and 162.23. Unless otherwise specifically authorized and provided by law, a person convicted of violating this article may be sentenced to pay a fine, not to exceed $500.00, and may be sentenced to a definite term of imprisonment, not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. Each day any violation of this article shall continue shall constitute a separate offense.

(b)

Under age violations .

i.

An offense of section 6-5(a) by an alcoholic beverage establishment shall be defined as one or more persons under the age of 21 discovered on the business premises in violation of the section. Hearings on notices of violation shall be conducted by a special master, who may impose penalties and, in addition, may impose suspension or revocation of the establishment's certificate of use, with appeal by certiorari to the circuit court.

ii.

It shall be a defense to alleged violations of section 6-5(a) that the person under the age of 21 obtained access despite the owner's reasonable efforts to prevent such access, or through a fraudulent identification, and the business used reasonable efforts to prevent the use of fraudulent identifications. "Reasonable efforts" shall include, but not be limited to, use of employees properly checking identification cards at the entrance to the subject establishment. Presentation of a proposed business security plan to prevent future violations may be considered as a mitigating factor. For purposes of this subsection, "identification cards" are defined as federal, state or local government-issued identification cards.

iii.

An offense of section 6-5(a) by persons under the age of 21 shall be addressed as follows: persons found in violation of this section shall be asked by the business establishment, the code enforcement division, or certified law enforcement officers to leave the premises. Failure to leave the premises will subject the violator to criminal penalties as provided by Florida law. Additionally, persons under the age of 21 who gained access to the alcoholic beverage establishment by presenting fraudulent identification shall be subject to prosecution for violation of F.S. § 322.212, or comparable provision.

(c)

Open containers . Violations of section 6-6(a) of this chapter shall be punishable pursuant to the section 1-13. Violations of subsections 6-6(b), (c), and (d) of this chapter shall be as provided in sections 26-33, 26-36 and chapter 26, article III, of this Code including suspension or revocation of the business's certificate of use.

(d)

Extended hours permits . Hearings on notices of violation of section 6-8 of this chapter shall be conducted by a special magistrate, who may impose penalties. If the police department has documented three or more verified police incidents within a 30-day period, the special magistrate may: (i) require a plan to prevent future violations; (ii) require additional security measures; (iii) require all persons acting as security personnel on Fridays and/or Saturday nights to have a current class "D" security officer license issued by the department of agriculture and consumer services, division of licensing; (iv) place the establishment on probation pending permit suspension; or (v) suspend the establishment's extended hours permit for a period not to exceed 90 days. Presentation of a proposed plan to prevent future violations may, if the plan is acceptable to the city, be considered as a mitigating factor. The extended hours permit may also be suspended or revoked by the special magistrate through issuance of a chronic nuisance service order.

(Ord. No. 4394-11, § 1, 1-23-2012; Ord. No. 4545-14, § 4, 1-5-2015)