§ 74-194. Hours of operation.

(a)

Package and retail stores. Vendors designated by the city and holding a corresponding license from the state division of alcoholic beverages and tobacco shall make no sale of alcoholic beverages during weekdays except between the hours of 8:00 a.m. and 11:00 p.m. Retail stores may make sales of beer and wine in sealed containers for consumption off the premises during such hours as the stores legally remain open for the sale of other goods. Nothing in the foregoing provision shall be deemed to modify any of the provisions of the zoning regulations as heretofore or hereafter adopted. Vendors in bait and tackle installations and camp grounds holding a state license from the division of alcoholic beverages and tobacco for the sale of beer in sealed containers, for consumption off the premises, shall make no sale of beverages except between the hours of 5:00 a.m. and 7:00 p.m. Package and retail store vendors may sell alcoholic beverages and keep their places of business open until 12:00 midnight on national holidays and on the eve of national holidays.

(b)

Private clubs. Vendors holding a license from the state division of alcoholic beverages and tobacco for the sale of alcoholic beverages for consumption on the premises in private clubs shall make no sale of such alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. of the following day.

(c)

Hotels and motels. Vendors holding a license from the state division of alcoholic beverages and tobacco or the sale of alcoholic beverages for consumption on the premises in hotels and motels which are restricted by the zoning regulations to making such sales to guests only, shall make no sales of such alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. on the following day on weekdays. In hotels and motels where package sales are restricted to guests only under the zoning regulations, no such sales shall be made except between the hours of 8:00 a.m. and 11:00 p.m. on weekdays. In hotels and motels located in a proper business zone and conforming to the zoning regulations permitting unrestricted sales of alcoholic beverages, no sales shall be made except during the times permitted under subsection (f) below hereof. Premises, as used in this section, shall be confined to the bar or cocktail lounge located in the particular hotel or motel.

(d)

Restaurants. Vendors holding a license from the state division of alcoholic beverages and tobacco for the sale of alcoholic beverages for consumption on the premises in restaurants, which are restricted by the zoning regulations to making such sales with the service of food only, shall make no sales of such alcoholic beverages on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. on the following day. Sales of alcoholic beverages for consumption off the premises shall not be permitted. Vendors in restaurants located in a proper business zone and conforming to the zoning regulations permitting unrestricted sales only during the times permitted under subsection (h) hereof.

(e)

Alcoholic beverage establishments. Vendors having a license from the state division of alcoholic beverages and tobacco for the sale of alcoholic beverages for consumption on the premises in those alcoholic beverage establishments that are not restricted by the zoning regulations to guests only, or to service with food, or the like, shall make no sales of such alcoholic beverages on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. of the following day.

(f)

Entertainment establishments, except adult entertainment venues. Upon written application to the planning and zoning department and upon paying the sum of $500.00, any person holding a license under the state division of alcoholic beverages and tobacco for sale of alcoholic beverages on the premises, and which place of business so conducted by such vendor classified as an entertainment establishment, shall be issued a special permit to operate as an entertainment establishment. Such special permit shall be paid for on or before October 1 and shall expire the succeeding October 1; provided that any person beginning business after October 1 may obtain a special permit upon the payment of the annual fee of $500.00, and such permit shall expire on October 1; provided further that any person beginning such business on or after April 1 of any year may procure a special permit expiring October 1 of the same year on the payment of one-half the fee herein required for the annual special permit. Such special permit shall be posted at a conspicuous place in the place where such nightclub operates. Any entertainment establishment, which holds a city-issued special permit and which holds a license from the state division of alcoholic beverages and tobacco for the sale of alcoholic beverages on the premises, shall be permitted to remain open from 8:00 a.m. to 4:00 a.m., and sell alcoholic beverages for consumption on the premises from 8:00 a.m. to 3:50 a.m. of the following day during weekdays.

(g)

Manufacturers of alcoholic beverages. All vendors holding valid, current licenses from the state division of alcoholic beverages and tobacco for the sale of alcoholic beverages for consumption on the premises and/or off the premises as a manufacturer of alcoholic beverages shall make no sales of such alcoholic beverages on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. on the following day.

(h)

Golf course clubhouse and ancillary refreshments stands. Vendors holding a license from the state division of alcoholic beverages and tobacco for the sale of alcoholic beverages for consumption on the premises in lounges in golf course clubhouses shall make no sales of such alcoholic beverages on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. on the following day. Sale of beer and wine from ancillary golf course refreshment stands shall be made only between the hours of 8:00 a.m. and 1:00 a.m. the following day.

(i)

Entertainment venues. Vendors holding a license from the state division of alcoholic beverages and tobacco for the sale of alcoholic beverages for consumption on the premises in entertainment venues, shall make no sale of alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. on the following day.

(j)

Entertainment establishment—Adult entertainment venue. Upon written application to the planning and zoning department and upon paying the sum of $500.00, any person holding a license under the state division of alcoholic beverages and tobacco for sale of alcoholic beverages on the premises, and which place of business so conducted by such vendor classified as an adult entertainment venue shall be issued a special permit to operate as an adult entertainment venue. Such special permit shall be paid for on or before October 1 and shall expire the succeeding October 1; provided that any person beginning business after October 1 may obtain a special permit upon the payment of the annual fee of $500.00, and such permit shall expire on October 1; provided further that any person beginning such business on or after April 1 of any year may procure a special permit expiring October 1 of the same year on the payment of one-half the fee herein required for the annual special permit. Such special permit shall be posted at a conspicuous place in the place where such adult entertainment venue operates. Any adult entertainment venue, which holds a city-issued special permit, a certificate of use and a license from the state division of alcoholic beverages and tobacco for the sale of alcoholic beverages on the premises, shall be permitted to remain open, and sell alcoholic beverages for consumption on the premises from 8:00 a.m. to 3:50 a.m. of the following day during weekdays. It is specifically provided, however, that each and every adult entertainment club that may operate in the city in accordance with this section shall close its doors and have all its patrons off its premises by not later than 4:00 a.m. of each day.

(k)

Alcoholic beverage distributor. Vendors holding a license from the state division of alcoholic beverages and tobacco for the sale of alcoholic beverages at whole sale shall have no time limitations on the sale of alcohol.

(Ord. No. 2007-12, exh. A(ch. VI, § 5(l)), 8-22-2007; Ord. No. 2016-23 , § 2, 9-28-2016)

State law reference

Authority to regulate hours of sale, F.S. § 562.14.