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ORDINANCE NO. 2841-82
AN ORDINANCE OF'? THE CITY OF CLEARWATER, FLORIDA,
REPEALING CHAPTER 72, ALCOHOLIC BEVERAGES, OF
TITLE VII, BUSINESSES AND BUSINESS REGULATIONS, OF
THE CODE OF ORDINANCES, CITY OF CLEARWATER, IN
ITS ENTIRETY; ENACTING A NEW CHAPTER 72, ALCOHOLIC
BEVERAGES, OF TITLE VII, BUSINESSES AND BUSINESS
REGULATIONS, OF THE CODE OF ORDINANCES, CITY OF
CLEARWATER, TO PROVIDE FOR THE PURPOSES THEREOF
AND TO SET FORTH DEFINITIONS AND DESIGNATIONS OF
LICENSE CLASSIFICATIONS; PROVIDING FOR OPERATION
REGULATIONS, INCLUDING HOURS OF SALE, GUIDELINES
AND EMPLOYEE REQUIREMENTS; PROVIDING FOR
CERTAIN PROHIBITIONS; PROVIDING FOR REVERSION
PROCEDURES, INCLUDING PUBLIC HEARING REQUIRE-
MENTS AND REAPPLICATION PROVISIONS; PROVIDING
FOR THE SEPARABILITY OF THE PROVISIONS HEREOF;
PROVIDING FOR PROPER NOTICE OF PROPOSED ENACT-
MENT; AND PROVIDING FOR THE EFFECTIVE DATE OF
THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Chapter 72, Alcoholic Beverages, of Title VII,
Businesses and Business Regulations, of the Code of Ordinances, City of
Clearwater, is hereby repealed in its entirety.
Section Z. A new Chapter 72, Alcoholic Beverages, of Title VII,
Businesses and Business Regulations, of the Code of Ordinances, City of
Clearwater, is hereby enacted to read as follows:
CHAPTER 72 - ALCOHOLIC BEVERAGES
ARTICLE I - GENERAL
Section 72.01. Purpose,
(a) To provide uniform regulations pursuant to the
authority granted by Section 562.45 (2), Florida
Statutes, for all establishments.in the City- of 'Clearwater
dealing directly or indirectly with the sale or consumption
of alcoholic beverages and that the ordinance be construed
to effectuate this purpose.
(b) Any person(s) before engaging in any business dispensing
alcoholic beverages subject to licensing by the City for
any license year shall file with the City Clerk an application
to conduct such business at a definite location on the form
provided by the City with all requested information furnished,
as follows:
1. The name and address of the applicant;
2. If the applicant is the lessee or tenant, a notarized
statement by the owner consenting to the application;
Ord; .2841-82
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1. The legal description of the lot, plot or tract to be
designated for alcoholic beverages, including a survey
of the property which clearly sets out the location of
the building;
4. The street address of the lot, plot or tract to be no
designated;
5. The alcoholic beverage designation raquested,for'the lot,'
plot or tract;
6. That the building where the establishment will be located
exists or that building plans for such building have been
filed and a building permit obtained;
7. The fee for such application shall be $100, 00 and each
request must be approved by the City Commission.
(c) Application will be reviewed by the Police, Building, and Traffic
Engineering Departments and forwarded to the City Commission
at the time of first reading of the Ordinance establishing the
designation.
(d) The Chief of Police or his authorized representative, or
the Fire Chief or his authorized representative, shall be
authorized to make inspection of each establishment to
determine whether or not the provisions of this Chapter
or any other municipal code section or State statute are
being fully complied with. Where the Chief of Police or
his authorized representative, or the Fire Chief or his
designated representative are refused entry, then, where
the subject matter pertains to this code or to the fire,
health, zoning, electrical or plumbing codes, an
administrative search warrant shall be obtained pursuant
to Section 933. 21, Florida Statutes.
Section 72. 02. Definitions.
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Ord; 2841 -82
(a) The following words and terms are hereby defined as follows
and shall be interpreted as such throughout this chapter;
1. CHURCH - A place where persons regularly assemble
for religious instruction.
2. CLUB - A group of persons associated together as a
duly chartered or incorporated club. Such bona fide
chartered or incorporated clubs at the time of their
application for a license to sell alcoholic beverages
shall have been in continuous active existence and
operation for a period not not less than two (2) years
in the City.
3. ESTABLISHMENT DEALING IN ALCOHOLIC BEVERAGES -
Any business or establishment licensed by the State for
the sale of any alcoholic beverages.
4. GOLF CLUB - Any club organized and existing for the
purpose of providing a golf course and clubhouse on the
same premises for its members or patrons.
5. PREMISES - That portion of the property where the licensed
activity is to take place.
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6. COP Liquor - Consumption on premises - Package sales
7. COPSRX Consumption on premises - Special restaurant
8. 11C Chartered, incorporated, social and golf clubs
9. Warehouse District - Bowling alleys, tennis and racquetball clubs
ARTICLE II - OPERATION REGULATIONS
Section 72.04. Hours.
(a) There are hereby established the following hours of closing:
1. All establishments in the City dealing in alcoholic
beverages, public or private, either directly or indirectly,
shall remain closed from the hour of 2:00 A. M. to
8:00 A. M. on each day of the week except Sunday.
2. All such business establishments shall remain closed
on each Sunday from the hour of 2:00 A. M. to 1:00 P. M.
3. Nothing contained in this section shall be construed to
prevent a vendor of any establishment dealing in alcoholic
beverages, or firemen or law enforcement officers (in
'the performance of their duties) from entering, being
or remaining in such establishment and engaged in duties
other than the sale or serving of alcoholic beverages.
6. RESTAURANT - An establishment having necessary
equipment to cook, prepare, and serve full course meals.
7. SCHOOL - A place of instruction or education whether
maintained at public or private expense whose primary purpose
is the instruction or education of persons under the age of
eighteen (18), not to include nursery schools.
(b) The terms "manufacturer", 't distributort', and "vendor"
shall be defined as they are defined by Florida Statutes
561. 01 to 568. 14.
,Section 72.03. Designations - License Classifications.
The following shall govern in establishing alcoholic beverage
designations within the City:
1. LAPS Beer - Package sales
2. 1COP Beer - Consumption on premises, package sales
3. ZAPS `Beer and Wine - Package sales
4. ZCOP Beer and Wine - Consumption on premises - package
sales
5. PS Liquor - Package sales
grd_ 2841'
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This subsection shall not be construed to impose a
requirement other than that the business establishment
may not sell or dispense alcoholic beverages except
during the hours provided herein.
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(b) Exceptions.
1. E stabliahments licensed under Florida Statutes
§ §563.02 (1) (a), 564.02 (1) (a) and 565.02 (1) (a)
for package sales only, are specifically included in
the provisions of this section with the exception that such
establishments shall not dispense:
a. Beer or wine between the hours of 12:00 midnight
and 8:00 A. M. each weekday, and between the hours
of 12:00 midnight Saturday and 1:00 P.M. Sunday; or
b. Liquor between the hours of 12:00 midnight and
8:00 A. M. each weekday, and between the hours of
12:00 midnight Saturday and 8:00 A. M. Monday.
2. Establishments licensed to sell alcoholic beverages for
consumption on the premises shall not dispense liquor
between the hours of 1:00 P.M. Sundays and 2:00 A. M.
Mondays for consumption off the premises. However,
such establishments may dispense packaged beer or wine
during such hours for consumption off the premises.
3. Drugstores or prescription shops dealing only in medicine
and drugs dispensed for medical purposes are precluded
from this section.
Section 72.05. Guidelines.
(a) Districts:
1. An alcoholic beverage establishment shall be permitted
in areas already zoned CG, CTF, CSC, CP, CS and DD.
2. An alcoholic beverage establishment may be established
as a permitted use in conjunction with the final site plan
approval in an area zoned CPD. Such permitted use as a
part of the final site plan approval shall be subject to the
approval procedure provided in Section 131. 110.
3. No alcoholic beverage establishment may be established
in an area zoned predominantly for residential use.
(b) Site and Structure Requirements:
4.
Ord: 2841-82.
1. All alcoholic beverage establishments must front on an
expressway, thoroughfare, arterial, major or minor
collector as identified on the thoroughfare plan of the City.
2. Premises where beer, wine or liquor is to be consumed
thereon shall contain a minimum of fifty (50) seats within
the enclosure.
3. The establishment located or to be located on the subject
property identified in the application shall have a minimum
interior floor area of one thousand (1, 000) square feet of space.
No alcoholic beverage establishment shall be established
within a five hundred (500) foot radius of a church, school,
or other alcoholic beverage establishment. The subject
property identified in the zoning petition or application shall
not be located within five hundred (500) feet of any property
zoned for residential purposes. Variances to the residential
measurement requirement may be approved by the City
Commission where the City Commission finds that an un-
necessary hardship exists and that the grant of the variance
will not be injurious to the neighborhood.
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5. All alcoholic beverage establishments must comply,
with the off-street parking requirements for areas
zoned CO, CTF, CSC, CP, CS and DD, or in the case
of CPD, a permitted use in conjunction with a final
Bite plan for an area zoned CPD, as such requirements
are set out in Article V of Chapter 131 or as provided
by the provisions of Division 15 of Article III of Chapter
131.
6. The restrictions contained in subsection (4) shall not
apply to any alcoholic beverage establishment holding
an alcoholic beverage license where the business location
was in existence prior to the erection or establishment
of a school, church or residential area. Such prior
existing business location shall be permitted to continue
and renew its alcoholic beverage license and shall not
be subject to the distance limitations imposed by this
section. Any successor business or change in principal
shall be subject to all other requirements contained in
this section.
(c) Except for the site and structure requirements set forth in
subparagraph (b) of this section, private clubs where alcoholic
beverages are provided or sold to members or their guests,
but not to the public generally, shall not be subject to any
other requirements set forth in this section unless the club has
been inactive for a period of one (1) year or more or when it
ceases to be a private club.
(d) Businesses located in shopping malls already designated shall
not have to meet requirements in Section 72. 05 (b) (4), but
must file an application and pay the required fee.
Section 72.06. Employee Requirements.
(a) Any person employed in any capacity in any establishment
or place of business, where alcoholic beverages are being
sold and dispensed for consumption on'the premises, is
hereby required within five (5) working days from the time
of his employment, to be fingerprinted and photographed by
the Police Department and the failure of such employee to
comply shall be unlawful.
(b) It shall be unlawful for any employer, whether it be a person,
firm, or corporation, to continue to employ any person in
violation of subsection (a).
(c) The registrants arc hereby required to carry the identification
cards issued by the Police Department on their persons at all
times during their hours of employment in such establishments
selling or dispensing alcoholic beverages for consumption on
the premises.
(d) If any registrant changes his place of employment from one
establishment to another, then he shall be required, within
five (5) working days of such change of employment, to
register with the Police Department.
(e) The Chief of Police, with the approval of the City Manager,
shall make a nominal charge to each person registered as
hereinabove required, which charge shall be sufficient to
cover the cost involved in such procedure, including the
cost of the identification card furnished to the registrant.
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ARTICLE III - PROHIBITIONS , ? y ? ?';??• ??;,? Y''
Section 72.07. Unlawful Possession or Consumption on
Premises or in Public Area
(a) It shall be unlawful for anyone who sells or causes to be
sold any intoxicating liquors, wines or beer to permit such - '
intoxicating liquors, wines or beer to be consumed on the
premises where the intoxicating liquors, wines or beer sold
or on any other promisee under the control, whether directly
or indirectly, of the licensee, except within the area which
is licensed for such sales; however, a licensee who also sally - ,
food for consumption on the premises may designate an
outside area for the consumption of food and alcoholic beverages.
(b) It shall be unlawful for anyone to consume any intoxicating
liquors, wines or beer on the premises where intoxicating
liquors, wines or beer are cold or on any other premises
under the control, either directly or indirectly, of the licensee,
except within the area which Is licensed for such sales or in
an area designated for outside consumption of food and beverages
by a licensee who also sells food for consumption on the premises.
(c) It shall be unlawful for anyone to consume any intoxicating
liquors, wines or beer off a licensed premises except within
enclosed buildings or on premises occupied solely by residential
structures.
(d) It shall be unlawful for any person to sell, service, dispense,
use, consume or drink any beer, wine, or other alcoholic
beverages, or to possess any opened or unsealed container
containing beer, wine, or other alcoholic beverage within the
following places:
1. On or in any public beach. A person is on or in a public
beach when such person is walking or physically located
on the sand area comprising the beach or is located in or
upon a vehicle or any other form of conveyance,
2. On or in any street, alley, sidewalk, parking lot or right-
of-way. A person walking, standing or otherwise physically
located within the places enumerated herein, or a person
located in or upon any vehicle or other form of conveyance
shall be considered a person on or in any street, alley,
sidewalk, parking lot or right-of-way;
3. On or in any street end fronting on the Gulf of Mexico in
the City. A person walking, standing, or otherwise physically
located within the area designated herein, or a person located
in or upon any vehicle or other form of conveyance shall be
considered a person on or in any street end fronting an the
Gulf of Mexico in the City;
4. On or in any public park or mini-park in the City.
For the purposes of this section, the term "park" shall
be construed to mean all dedicated parks and athletic
fields, and all grounds used by the City for park or play-
ground purposes, but exclusive of any permanent structures
erected thereon at which alcoholic beverages are sold.'
A person walking, standing, or otherwise physically located
within the area designated herein, or a person located in or
upon any vehicle or other form of conveyance shall be considered
a person on or in any public park or mini-park in the City; or
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5. On or in the exterior doorways and entrances to all
buildings except residential buildings. This prohibition
shall not be construed to apply to that portion of any
building or dweD.ing licensed for the sale and consumption
of beer, wine, ot- other alcoholic beverages,
(e) A container shall be considered opened or unsealed if the seal
has been broken or the pop top can or top has been opened.
(f) There shall be no bottle clubs.
(g) Package sales designees may only disperse beer, wine or
liquor in the manufacturer's container.
ARTICLE IV - REVERSION PROCEDURES
Section 72.08. Reversion--Alcoholic Beverage Designation.
(a) Any property initially designated for the sale or consumption
of alcoholic beverages, and in which after sixty (60) days of
such designation no alcoholic beverages have been sold, or
consumed thereon, shall revert to an undesignated dry status
by vote of the City Commission.
(b) The City Commission, after conducting a public hearing as
provided in Section 72. 10 and by majority vote is authorized
to revert to an undesignated status any property which has
been designated for the sale of any type of alcoholic beverages
or from which any type of alcoholic beverages may be lawfully
sold or consumed within the corporate limits of the City,
whenever it is determined that the owner of such property or the
owner or holder of the alcoholic beverage license pertaining
to such property, their agents or employees, have committed,
or have been convicted of, or have allowed or caused or per-
mitted to exist any one or more of the following:
1. Commission of an act amounting to a felony under the
laws of the State or the United States of America, whether
convicted or not.
2. The maintaining or allowing of a nuisance on such property
as that term is defined in Section 71. 12 (a) (1) hereof.
3. Engaged in or permitted disorderly conduct on or about
such property.
4. Failed to comply with any of the provisions of the fire
prevention code after having received reasonable notice
to eliminate or correct any condition existing on such
property that is in violation of such code.
5. Conviction for selling, giving, serving, or.permitting
to be served alcoholic beverages to persons under nineteen
(19) years of age, except military personnel, or permitting
a person under nineteen (19) years of age, except military
personnel, to consume alcoholic beverages on such property.
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Section 72.09. Noti':e of Intent to Redesignate Property.
Public Hearing.
Whenever the City Commission shall find that the owner of any
property which has been designated for the sale of any type of
alcoholic beverages or from which any type of alcoholic beverages
may be lawfully sold or consumed, or the holder of the alcoholic
beverage license pertaining to such property, their agents or
employees, has committed or has been convicted of, or has
allowed or caused or permitted to exist any one or more of the
enumerated items contained in Section 72. 08 (b) of the Code of
Ordinances, it shall notify the owner of such property or the
holder of the alcoholic beverage license pertaining to such property
of its intention to consider removing the alcoholic beverage
designation attaching to such property, and shall grant the affected
party a public hearing at a time and place to be specified in such
notice and at a time not less than fifteen (15) days from the date
of such notice.
Section 72. 10. Reapplication for Alcoholic Beverage Designation.
Whenever the alcoholic beverage designation applicable to any
property has been removed pursuant to Sections 72.08 and 72. 09,
such property shall not thereafter be designated for alcoholic
beverages under this Chapter for a period of two (2) years from
the date that such property reverted to a status that did not include
alcoholic beverage designation.
Section 72, 11. Reserved.
Section 3. Should any section, paragraph, sentence, phrase,
clause, or other part or provision of this ordinance be declared by any
court to be invalid, the same shall not affect the validity of the ordinance
as a whole, or any part thereof, other than the part declared to be invalid.
Section 4. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166. 041, Florida Statutes.
Section 5. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING October 7, 1982
PASSED ON SECOND AND FINAL
READING AND ADOPTED
.fittest: '
City Clerk
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October 21, 1982
Mayor- Commissioner
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