O-710-15 ORDINANCE NO. 710-15
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL,AMENDING THE
MIAMI SHORES VILLAGE CODE OF ORDINANCES BY REPEALING CHAPTER 4,
ALCOHOLIC BEVERAGES;TO ADOPT A NEW CHAPTER 4,ALCOHOLIC BEVERAGES,
TO INCLUDE INCORPORATING CERTAIN PROVISIONS CURRENTLY CONTAINED
IN THE ZONING"APPENDIX A"RELATING TO SPECIAL APPROVALS BY THE VILLAGE
COUNCIL,PROVIDING FOR CONFLICTS,PROVIDING FOR SEVERABILITY,AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, During the regularly scheduled Council Meeting of Tuesday, May 5,2015;the Village
Council directed the Administration to draft an ordinance amending the Village's Alcoholic Beverage
code;and,
WHEREAS, In accordance with the directives of the Village Council,the Administrative Staff has
cooperatively drafted an ordinance amending Chapter 4 of the Code of Ordinances; proposing to repeal
the current Chapter and replace the Chapter in its entirety; and,
WHEREAS, In conjunction with the proposed amendment to Chapter 4 of the Code of
Ordinances which incorporate certain provisions currently contained in the Zoning Appendix A,a
companion ordinance to amend the effected provisions,as well as amend the Schedule of Regulations,
Prohibited Uses,and Required Off-Street Parking sections of the Zoning Appendix A is also being
brought forward;and,
WHEREAS,Taken together,the two ordinances will properly amend Chapter 4 and the Zoning
Appendix of the Village's Code of Ordinances as requested by the Village Council;
NOW,THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL that:
Section 1. The provisions and language currently contained in Chapter 4—Alcoholic
Beverages, of the Miami Shores Village Code of Ordinances are hereby repealed in their
entirety.
Section 2. Simultaneously with the repeal effectuated by Section 1 above, Chapter 4 of the
Village Code of Ordinances is hereby amended by adopting a new Chapter 4 as set forth and
attached to this Ordinance.
Section 3. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith,are hereby repealed, but only insofar as such ordinances may be inconsistent or in
conflict with this Ordinance.
Section 4. If any section,sentence,clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction,then said holding shall in no way
effect the validity of the remaining portions of this Ordinance,which shall be deemed to be
severable therefrom.
Chapter 4 ALCOHOLIC BEVERAGES*
Sec. 4-0. - Definitions.
Words relating to liquor licensing used in this chapter, shall have the meanings ascribed to
them in State Statute. The following additional definitions shall also apply to this section and
Appendix A Zoning:
(1) Wine and Craft Beer Cafe: A duly licensed place of business serving wine and/or
craft beer for consumption on the premises where the package sale in sealed
containers of wine by the bottle and craft beer in 6 packs or greater for consumption
off-the-premises is incidental to the sale of wine and craft beer for consumption on
the premises, and that derives not less than 20 percent of its gross revenue from the
on premises sale of food and nonalcoholic beverages. A wine and craft beer cafe
shall have 20 (twenty) seats or more at standard height dining room tables or booths,
and not less than 50% of the beer sold shall be craft beer. Craft beer shall further be
defined as a beer produced by a brewery with annual production of 6 million barrels
(bbbls) of beer or less and with less than 25 percent of the craft brewery owned or
controlled (or equivalent economic interest) by a beverage alcohol industry member
that is not itself a craft brewer.
(2) Restaurant: A business advertised and held out to the public to be a place where full-
course meals are prepared, in a full service kitchen with a commercial stove,
refrigerator and oven, and served on a regular basis from a prepared menu, which
facility provides seating with standard height dining room tables or booths of
adequate size to accommodate the service of full-course meals in accordance with
the number of chairs found at the table, with such seating exclusive of seating at
bars, counters or cocktail tables. The primary operation of the restaurant shall be for
the serving of full-course meals. As required in the state alcoholic beverage laws, a
restaurant must derive at least 51 percent of its gross revenue from the sale of food
and nonalcoholic beverages. Revenue records provided to the state shall be
provided to the village, upon written request, for determination of percentage
requirements. No person shall attempt to circumvent the intent of this subsection by
any artifice or scheme, such as the serving of stock meals. The term "stock meals"
as used in this subsection, includes but is not limited to the serving of cold plates,
snacks, hors d'oeuvres, microwave oven heated foods or previously prepared
sandwiches.
Sec. 4-1. Consumption on premises license.
(1) It shall be unlawful for any person to sell, for consumption on the premises where
sold, any liquor, wine and beer within the village.
(2) This prohibition shall not apply:
a. To any person who was licensed to sell liquor, wine, and beer for consumption
on the premises within the village on or before February 19, 1985; or
b. Where the village has granted special approval to a person for the sale of wine
and beer for consumption on the premises of a properly licensed bona fide
Restaurant in the B-1 or B-2 districts; or
c. Where the village has granted special approval to a person for the sale of liquor,
wine and beer for consumption on the premises of a properly licensed bona fide
Restaurant in the B-1 or B-2 district; or
d. Where the village has granted special approval to a person for the sale of wine
and craft beer for consumption on the premises and for the package sale in
sealed containers of wine by the bottle and craft beer in 6 packs or greater for
consumption off-the-premises of a properly licensed Wine and craft beer cafe in
the B-1 district or B2 district; or
e. On the premises of a properly licensed village owned country club in the P
district; or
f. On the premises of a properly licensed university in the S-1 district.
Sec. 4-2. Special approval required.
Special approval by the village manager or designee is required in addition to compliance
with all state license requirements, for the sale of liquor, wine and beer for consumption on
premises and for the sale of liquor, beer and wine for off-the-premises consumption.
(1) Granting of special administrative approval to Restaurants for consumption of beer
and wine on premises. Notwithstanding anything to the contrary contained in the
Miami Shores Land Development and Zoning Code, and in the schedule and zoning
map which form a part thereof, the village manager or designee, may from time to
time, grant administrative approval hereunder to Restaurants, as defined in Chapter
4, within any B-1 or B-2 zoning district to permit such Restaurant to serve beer and
wine for consumption on premises in accordance with all state regulations pertaining
thereto. The village is authorized to charge an application fee of$500. The village
manager may determine that special administrative approval is not the appropriate
action and that the applicant must instead apply to the village council for special
approval for reasons including but not limited to a denial of a similar use in the same
location, public opposition to the location, a concentration of similar uses in the
general vicinity, record of nuisances or police reports of illegal activities at the
location.
(2) Granting of special administrative approval to Restaurants for consumption of liquor,
beer and wine on premises. Notwithstanding anything to the contrary contained in
the Miami Shores Land Development and Zoning Code, and in the schedule and
zoning map which form a part thereof, the village manager or designee, may from
time to time, grant administrative approval hereunder to restaurants, as defined in
Chapter 4, within any B-1 or B-2 zoning district to permit such restaurant to serve
liquor, beer and wine for consumption on premises in accordance with all state
regulations pertaining thereto. The village is authorized to charge an application fee
of$500. The village manager may determine that special administrative approval is
not the appropriate action and that the applicant must instead apply to the village
council for special approval for reasons including but not limited to a denial of a
similar use in the same location, public opposition to the location, a concentration of
similar uses in the general vicinity, record of nuisances or police reports of illegal
activities at the location.
(3) Granting of special administrative approval to Wine and Craft Beer Cafes for
consumption of craft beer and wine on premises and for the sale of wine and craft
beer in sealed containers for consumption off-the-premises. Notwithstanding
anything to the contrary contained in the Miami Shores Land Development and
Zoning Code, and in the schedule and zoning map which form a part thereof, the
village manager or designee, may from time to time, grant administrative approval
hereunder to wine and craft beer cafes, as defined in Chapter 4, within any B-1 or 13-
2 zoning district to permit such wine and craft beer cafe to serve craft beer and wine
for consumption on premises and for the sale of wine and craft in sealed containers
for consumption off-the-premises in accordance with all state regulations pertaining
thereto. The village is authorized to charge an application fee of $500. The village
manager may determine that special administrative approval is not the appropriate
action and that the applicant must instead apply to the village council for special
approval for reasons including but not limited to a denial of a similar use in the same
location, public opposition to the location, a concentration of similar uses in the
general vicinity, record of nuisances or police reports of illegal activities at the
location.
(4) Each applicant for special approval under Sec. 4-2 shall submit a form provided by
the village that includes but is not limited to the following information:
a. The name, address, telephone number and email address of the applicant. If
the applicant is a corporation, the applicant shall set forth the name of the
corporation exactly as shown in its articles of incorporation. The applicant
corporation or partnership shall designate one of its officers or general
partners to act as its responsible management officer.
b. The name, address, telephone number and email of the person who shall
manage and operate the establishment for which the permit is requested. The
name and address of a person authorized to accept service of legal notices.
c. The name, address, telephone number and email address of the owner of the
premises, if not the applicant.
d. The operation of an alcoholic beverage establishment shall be the
responsibility of the permittee personally(if an individual is the permittee) or a
manager or designated responsible employee of the permittee at all times.
The permittee shall designate the names of all such managers and
designated responsible employees in the application.
e. The proposed business name of the alcoholic beverage establishment.
f. The location of the site where the alcoholic beverages are to be sold and
consumed.
g. Type of state alcoholic beverage license being applied for or held and the
type of special approval being requested.
h. The type of alcoholic beverages to be sold and consumed on-the-premises.
L For a wine and craft beer cafe, the approximate number of different wines
and craft beers to be sold by the glass or bottle for consumption on the
premises and the approximate anticipated ratio of wine sales to craft beer
sales.
j. A copy of the applicant's state alcohol beverage license or a copy of the
applicant's state alcohol beverage license application for the location being
applied for.
k. A business plan that describes the business, the number and type of seating,
identifies the proposed hours of operation, number of employees, menu items
and pertinent characteristics of the business.
I. The applicant shall provide the Village with a detailed security plan for the
facility, including, but not limited to, a policy, security procedures, the periods
of time and staffing levels for security personnel, duties, responsibilities and
qualifications of security staff for review and recommendation by the Village
Chief of Police.
m. A notarized document from the property owner authorizing the applicant to
apply for a special approval at the specified location.
n. A site plan drawn to scale showing the property, all buildings with the location
of all entrances and exits identifying those to be used by the public, a parking
plan identifying the number of parking spaces and including all ingress and
egress points.
o. An alternative plan to accommodate customer parking if customer parking is
not provided or is insufficient to accommodate customers. An alternative plan
may include the location and number of contracted off-site parking spaces or
details of valet parking to be provided.
p. A scaled and dimensioned floor plan of the establishment identifying each
area by use including seating area, bar area, food prep, kitchen, storage, etc.
q. A sanitation plan, which addresses on-site facilities and off-premises issues
resulting from the operation of the establishment.
r. Proposed location of future outdoor seating. Open air cafe (outdoor seating)
shall require village council approval and shall be subject to the submittal
requirements under Sec. 541 and the restrictions under Sec. 4-2 (8) b.
s. Identify proximity of business to residential areas on a map.
t. If the proposed establishment is within 200 feet of a residential uses, a
noise attenuation plan.
u. Proximity to licensed childcare facilities located within 500 feet.
v. The proximity to schools located within 500 feet.
(5) Notice requirement. Notice of the request shall be advertised on the front page of the
Miami Shores Village web site at least 14 days prior to a determination by the village
manager on a request for special administrative approval under this Section. Upon
receipt of a written request by the owner of a property within 500 feet of the
application location in opposition to the granting of the special administrative
approval, the village manager shall refer the application for special administrative
approval to the village council for a decision.
(6) Investigation. Except as provided herein, on receipt of an application for any
approval authorized to be issued pursuant to this Chapter, the village manager shall
cause an investigation to be undertaken of the individual applicant, or of the
principals of an applicant which is a corporation or a partnership. The investigation
shall include a background check conducted by the Miami Shores Village Police
Department and such other matters as the village manager deems appropriate. If the
applicant is a corporation or limited liability corporation, background checks may be
conducted of applicant's officers, directors, and any stockholder(s) or members
owning in the aggregate more than fifteen percent (15%). If the applicant is a
partnership, background checks will be conducted of all general partners, and any
limited partner.
(7) Evaluation criteria: Without limiting the generality of the following, an evaluation of
the application by the village manager/designee and any evaluation by council shall
consider the following:
a. The report of the Miami Shores Village Police Chief.
b. Petitions and testimony from persons who are in favor of or opposed to the
issuance of a license, and who reside in, own or lease property in close
proximity.
c. The number and series of licenses in close proximity.
d. Evidence that all necessary licenses and permits have been obtained from
the state and all other governing bodies.
e. The residential and commercial population of the community and its
likelihood of increasing, decreasing or remaining static.
f. Residential and commercial population density in close proximity.
g. Evidence concerning the nature of the proposed business, its potential
market, and its likely customers.
h. Effect on vehicular traffic in close proximity.
i. Parking provided by the applicant, available parking in the area, alternative
parking plans for off-site parking, valet parking and other options to
accommodate customer transportation needs.
j. The compatibility of the proposed business with other activity in close
proximity.
k. The likely effect or impact of the proposed premises on business or the
residential neighborhood whose activities might be affected by granting the
license.
I. The history for the past five years of liquor violations and reported criminal
activity at the proposed premises or premises in close proximity, the
applicant shall be provided a copy of the report prior to the decision of the
village manager or designee.
m. Comparison of the hours of operation of the proposed premises to the
existing businesses in close proximity.
n. Proximity to licensed childcare facilities.
o. The proximity to schools located within 500 feet.
p. The compatibility of the use and the extent to which it may disrupt the
normal activity of the neighborhood shall be considered.
q. The security plan for the business.
r. The burden of proof that the grant of the special approval will not have an
adverse effect on surrounding properties lies with the applicant.
(8) In approving the issuance of a special permit under Chapter 4, the village manager,
designee, or village council if the issuing authority may impose any reasonable
conditions or additional provisions that are deemed necessary to serve the purposes
of the Miami Shores Village Code of Ordinances as set forth in Appendix A, Zoning,
and Section 100 thereof. Said permits shall be non-assignable, shall create no
vested rights and are subject to being revoked by the village council upon such terms
and conditions as may be specially provided for therein. Without limiting the
generality of the forgoing, the village manager, designee or village council if the
issuing authority shall at a minimum, attach the following conditions to the granting of
a special approval under Sec. 4-2:
a. The applicant shall provide the village with a copy of the alcohol beverage
license and any renewal thereof for the location that is the subject of this
request within 10 working days of its granting by the state.
b. Open air cafe (outdoor seating) shall be referred to the planning and zoning
board for a recommendation and requires village council approval. An open
air cafe in conjunction with a special approval granted or applied for under
Chapter 4 is subject to the requirements of Appendix A, Sec. 541 for both
public and private property. In addition to the requirements of Appendix A,
Sec. 541, outdoor seating shall be restricted to building frontage directly on
NE 2nd Avenue and shall not be permitted along building frontages on side
streets or on the Biscayne Boulevard right-of-way. Outdoor seating shall not
be permitted on private property behind buildings, on roof decks or on
balconies in the B1 or B2 districts.
c. The operation of an alcoholic beverage establishment shall be the
responsibility of the permittee personally(if an individual is the permittee) or a
manager or designated responsible employee of the permittee, at all times.
The permittee shall designate the names of all such managers and
designated responsible employees and shall advise the village manager in
writing whenever any change is made.
d. The applicant shall provide the village with a copy of any notice of violation
issued for the premises by the county, state or federal government within
three days of its issuance.
e. Outdoor sound systems shall be prohibited.
f. No dance floor, dancing or live entertainment shall be permitted.
g. The licensee shall provide the Village (and effectively implement) a detailed
security plan for the facility, including, but not limited to, a policy, security
procedures, the periods of time and staffing levels for security personnel,
duties, responsibilities and qualifications of security staff within fourteen (14)
days of this special administrative approval. The information shall be kept
current and all changes immediately provided to the village manager.
h. The licensee shall provide twenty-four (24) hour emergency contact
information to the Village's Police and Fire Departments and shall keep this
information updated.
i. The restaurant and wine and craft beer cafe applicant shall retain and keep
appropriate business records concerning purchase of liquor, wine and beer
and sales receipts. Such business records shall be organized and maintained
according to standard business practices and in such form as to be auditable
for purposes of confirming that the licensee satisfies the sales ratio of
alcoholic beverages to the sale of food and nonalcoholic beverages. A
licensee who fails to maintain the business records required by this section,
or to otherwise make such records available to the Village upon reasonable
request to do so, is subject to revocation of this approval. The applicant shall
yearly provide the village with an opinion by certified public accountant
indicating that he or she has reviewed the books and records of the licensee
and that the restaurant or wine and craft beer cafe licensee complies with
Sec. 4-2 (8) j. 1. or Sec. 4-2 (8) k. 1. as appropriate, for the most recent 12
month period.
j. Restaurants shall comply with the following:
I. At least 51% of the restaurant's total gross monthly revenues shall come
from the retail sale on the licensed premises of food and non-alcoholic
beverages.
2. The restaurant shall not sell liquor, beer and wine for consumption off-the-
premises.
k. Wine and craft beer cafes shall comply with the following:
1. At least 20% of the wine and craft beer cafe's total gross monthly
revenues shall come from the retail sale on the licensed premises of food
and non-alcoholic beverages.
2. A wine and craft beer cafe or wine cafe shall have a food and beverage
menu, but food may be limited to hors d'oeuvre or cold sandwiches,
snacks, appetizers, small plates / tapas, or other similar offerings, and
shall have the food and non-alcoholic beverages identified on the menu
available for sale on the premises and available during business hours.
3. The wine and craft beer cafe or wine cafe shall have an area for the
preparation of food to be served.
I. This approval is for the use and type of alcoholic beverage license
specified only. A new special approval shall be required for any change in
use or change in type of alcoholic beverage license for the premises.
(9) Expiration of approval. After the following time periods, the special approval of a
location for the sale or consumption of alcoholic beverages on the premises granted
in accordance with this section shall expire, and become null and void:
a. In the case of an existing structure, the approval shall expire six months from
the date of approval unless, within that period of time, operation of the
alcoholic beverage establishment has commenced. For purposes of this
subsection, the term "operation" shall be defined as the sale of alcoholic
beverages in the normal course of business.
b. In the case of a new structure, the approval shall expire one year from the
date of approval unless, within that period of time, operation of the alcoholic
beverage establishment has commenced. For purposes of this subsection,
the term "operation"shall be defined as the sale of alcoholic beverages in the
normal course of business. The village manager/designee may grant one
extension of up to six months if construction is substantially complete.
(10) Expansion of area designated for permit. The area designated for special approval
cannot be expanded without filing a new application for special approval in
accordance with the requirements contained in this chapter. The new application
must cover both the existing designated area as well as the proposed expanded
area. All areas approved must be under the same alcoholic beverage license and
subject to uniform rules and regulations.
(11)The village manager or designee shall render a decision within 45 calendar days of
receipt of a complete application for special approval under this Chapter 4 unless the
special approval is referred to the village council for review and approval or the
applicant agrees to allow additional time for the village manager or designee to
consider the application.
(12)Appeals from the decision of the village manager or designee under the provisions
of Chapter 4 Sec. 4-2 shall be heard and determined by the Village Council, and
written notice of such an appeal shall be filed with the village clerk no later than 30
days after the date the decision being appealed. Such notice of appeal shall be in
such form as the village manager may specify for all such appeals, and shall state
fully the grounds of the appeal, including a statement of why the party bringing the
appeal believes that the decision appealed from is unreasonable or is not in accord
with the purposes of this ordinance. The village council may not consider any such
appeal unless it includes the aforesaid statement. The council, if it decides, for stated
reasons, that the decision being appealed was unreasonable or was not in accord
with the purposes of this ordinance, may overrule or modify such decision.
Sec. 4-3. Revocation of special approval.
The village council shall give the holder of a special approval or special administrative
approval at least 14 days' notice of any hearing to revoke said approval and has the authority
to revoke an alcoholic beverage special approval or special administrative approval, or other
approval upon any of the following grounds:
(1) A determination that Information contained in the application or supplemental
information requested from the applicant was willfully false in any material detail.
(2) Violation by the permit holder of any provision of this chapter, or any provision of
the Miami Shores Code of Ordinances which results in the imposition of fines, or
violation of any state statute which results in the revocation of the permit holder's
state alcoholic beverage license by the state alcoholic beverage license board or
any successor regulatory authority.
(3) The premises where the alcoholic beverage establishment is or will be located is
determined to not comply with applicable laws, including, but not limited to,
building, health, zoning and fire codes and ordinances.
(4) Repeated violation of any village ordinance at the location within the 12-month
period preceding notice of the revocation hearing.
(5) Willful violation by the permit holder of any condition imposed upon the issuance
of the special exception or administrative approval.
(6) Willful violation of any of the minimum standards of the special approval.
(7) Willful failure to comply with any of the conditions of granting the special approval.
(8) Failure to renew a state liquor license, or written declaration of abandonment by
the tenant and owner of the premises if under lease, or by the owner himself if not
under lease. An establishment which continually maintains (renews) its state liquor
license, even though it has suspended active business with the public, shall not be
deemed to have been abandoned for purposes of this subsection.
(9) Revocation by the state of the state liquor license for the business.
(10) Existence upon the premises of nuisances or criminal activities, including:
a. Any condition or activity which is a "nuisance" or a "public nuisance" or which
is specifically declared to constitute a nuisance or public nuisance by any
statute of the State of Florida or by any ordinance of Miami Dade County or
Miami Shores Village.
b. The frequent gathering, or coming and going, of people who have intent to
purchase or use controlled substances on the premises.
c. The making or continuing, or causing to be made or continued, of any loud,
unnecessary or unusual noise upon the premises which disturbs the peace
and quiet of the neighborhood or which causes discomfort or annoyance to
any reasonable person of normal sensitivity residing in the area.
d. The occurrence of criminal activity at the location/premises which threatens the
life, health, safety or welfare of the residents of the premises, neighbors or the
public.
e. A disproportionate need for law enforcement resources, as determined by the
Police Department, based on police responses to the location (i.e. police
reports, illegal activity on premises, calls for service, etc.) and a failure of the
establishment to take reasonably requested corrective measures.
f. The maintenance, use, rental or lease of the premise, or sub-unit thereof in a
fashion where persons are allowed to congregate, gather or loiter in such a
manner as to disturb the peace of other persons lawfully on the property itself
or lawfully in the vicinity of the property.
g. The use of the premises for the purpose of unlawfully selling, serving, storing,
keeping, manufacturing or giving away any controlled substance, precursor, or
analog as those terms are defined by State law.
(11) Immediate revocation of approval. The village council has the authority to
revoke an alcoholic beverage special administrative approval, special approval
or other approval upon any of the following grounds: Conviction of the
permit/approval holder, in any court of any violation of this Chapter shall have
the effect of automatically revoking the license of the person or entity
convicted, and such revocation shall continue operative until said case is
finally disposed of, and if the defendant is finally acquitted, he/she may apply
for and receive a license hereunder, upon paying the regular license charge
therefor.
Sec. 4-4. Consumption off premises license.
Retail package beverage stores licensed to sell liquor, wine and beer for consumption off
premises may be permitted in the B-2 district subject to approval by the Planning and Zoning
Board.
Sec. 4-5. Proximity to each other of package stores for the sale of liquor, for
consumption off premises.
No package store liquor license for the sale of liquor, for consumption off premises shall be
issued to any person where the place of business designated in the application therefor is within
500 feet of the place of business where a package store liquor license for the sale of liquor, for
consumption off premises has previously been issued and is in force and effect, and the method
of measurement shall be made by straight line from the main front entrance of the one to the
main front entrance of the other.
Sec. 4-6. Hours of sale and commercial deliveries.
Liquor, wine and beer may be sold by the vendors and commercial deliveries may be made
to the vendors hereinafter specified at the times fixed in this section and at no other time:
(1) Grocery stores selling beer and wine for consumption off the premises:
a. Monday through Saturday between 7:00 a.m. and 1:00 a.m.;
b. On Sundays between 1:00 p.m. and 1:00 a.m.
(2) Package stores selling liquor, beer and wine for consumption off the premises:
a. Monday through Saturday between 7:00 a.m. and 1:00 a.m.;
b. On Sundays between 12:00 p.m. (noon) and 7:00 p.m.
(3) Country club/University: During the hours at which the club is in operation and
licensed vendors on university premises during the hours the vendor is operating.
(4) Restaurants and Wine and Craft Beer Cafes in the B1 district for consumption on the
premises and package sale of wine in sealed containers by a Wine and Craft Beer
Cafe for off-the-premises consumption: Monday through Sunday between the hours
of 7:00 a.m. and 12:00 a.m.
(5) Restaurants and Wine and Craft Beer Cafes in the B2 district for consumption on the
premises and package sale of wine in sealed containers by a Wine and Craft Beer
Cafe for off-the-premises consumption: Monday through Sunday between the hours
of 7:00 a.m. and 1:00 a.m.
(6) Deliveries from commercial suppliers to restaurants, and Wine and Craft Beer Cafes
in the B1 district and delivery activities: Deliveries shall not restrict traffic and all
deliveries and delivery activities shall occur Monday through Sunday between the
hours of 9:00 a.m. and 9:00 p.m.
State Law reference—Authority to regulate hours of sale of alcoholic beverages, F.S. §§
562.14(1), 562.45(2).
Sec. 4-6. Violation of state law deemed violation of chapter.
Every violation of the laws of the state relating to the possessing, sale, gift, service or
permitting the service of alcoholic beverages, whether heretofore or hereafter enacted, is
hereby specifically made a violation of this chapter.
Sec. 4-7. Prohibiting sales during emergency.
(1) Whenever, in the opinion and judgment of the Village Manager, a public emergency
shall be created or exist in the Village which causes or tends to cause public
disorder, lawbreaking, and confusion, the Village Manager is authorized and
empowered to prohibit, by and through the issuance of his official decree, the sale,
serving, or consumption of beer, wine, spirituous and other intoxicating liquors and
beverages for and during a period of 24 hours as may be described in the decree, at
all licensed premises and at any other place in the Village where such beer, wine,
spirituous and other intoxicating liquors and beverages are sold, served, or otherwise
dispensed. In issuing the decree, the Village Manager shall have the fact of the
issuance and the contents of the decree broadcast by police and commercial radio
stations and otherwise given publicity as quickly and as widely as feasible.
(2) It is illegal for any operator, employee, or controller of any of the licensed premises or
other places described in this section to sell, serve, or permit the consumption of
intoxicating liquors or alcoholic beverages on the premises during the period
described in the decree of the Village Manager.
(3) Each violation of, or noncompliance with, any of the provisions of this section shall
constitute a separate offense.
Section S. This Ordinance shall become effective immediately upon second and final reading.
APPROVED ON FIRST READING this 21st day of July ,2015.
ADOPTED ON SECOND AND FINAL READING this 3'd day of November ,2015.
— I A" & "—
Alice Burch, Mayor
ATTEST:
Iva Notc
Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
e ,
Richard Sarafan,Village Att rney