21-2197 Amending Code Chapter 6 - Alcoholic Beverages ORDINANCE NO. 21-2197
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD CITY
CODE CHAPTER 6 "ALCOHOLIC BEVERAGES," PROVIDING FOR ADDITIONAL DEFINITIONS;
CLARIFYING AND AMENDING REGULATIONS RELATING TO PROHIBITED HOURS OF SALES,
OPERATIONS, AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN CERTAIN CIRCUMSTANCES;
PROVIDING OPEN CONTAINER RESTRICTIONS; MODIFYING THE SEPARATION REQUIREMENTS
BETWEEN LOCATIONS FOR ON-PREMISES ALCOHOL CONSUMPTION AND OTHER CERTAIN
USES INCLUDING SCHOOLS, CHURCHES, AND DAY CARE CENTERS; PROVIDING FOR
ENFORCEMENT PENALTIES AND REMEDIES; PROVIDING FOR CONFLICTS, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, provisions within the Florida Beverage Law as set forth in chapters 561
through 568, Florida Statutes, recognize the authority of municipalities to enact ordinances
regulating the locations and hours of business of any licensee under the Florida Beverage Law;
WHEREAS, the City of Longwood finds that it is in the best interest of and for the health,
safety, and welfare of the citizens of the City that the City's various alcohol regulations be
amended for consistency and clarification purposes;
WHEREAS, the City of Longwood desires to update the separation requirements for
locations with on-premises alcohol consumption which are nearly 40 years old to reflect current
development trends;
WHEREAS, the City of Longwood desires to establish a procedure to consider location-
specific requests for locations with on-premises alcohol consumption that would otherwise be
prohibited by separation requirements;
WHEREAS, the City desires to clarify the City's policies prohibiting venues that serve or
sell alcoholic beverages for consumption on premises from opening, remaining open, or
otherwise operating during times when the sale of alcoholic beverages is prohibited.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD,
FLORIDA,AS FOLLOWS:
SECTION 1. The Longwood City Code shall be Amended as follows (Words that are strickenut
are deletions; words that are underlined are additions; Articles, Sections, Subsections and
Provisions not referenced in this ordinance are not modified):
Chapter 6-ALCOHOLIC BEVERAGES
Ordinance No.21-2197
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Sec. 6-1. -Definitions.
For the purposes of this chapter,the following terms shall mean as defined below:
The term "alcohol" or "alcoholic beverage(s)" means distilled spirits and all beverages
containing one-half of one percent or more alcohol by volume. "Alcohol" or "alcoholic
beverages" includes, but is not limited to, beer, malt beverages, wine, fortified wine, liquors,
distilled spirits, and spirituous liquors as such terms are defined pursuant to Florida's Beverage
Law as set forth in the relevant portions of chapters 561, 563, 564, and 565, Florida Statutes.
The term "licensee" shall mean a legal or business entity, person, or persons that hold a
license issued by the Division of Alcoholic Beverages and Tobacco of the Department of
Business and Professional Regulation and meet the qualifications set forth in section 561.15,
Florida Statutes.
The term "premises" shall mean not only rooms where alcoholic beverages are stored or
sold, but also all other rooms, facilities, or improvements in or about the building or structure
which are so closely connected therewith as to admit of free passage from drink parlor to other
rooms over which the licensee has some dominion, custody, or control. The "premises" shall
also include outside areas that are contiguous to the premises if such areas are included within
the licensee's state alcoholic beverage license as the licensed premises.
The term "restaurant;" shall mean any building, vehicle, place, or structure, or any room or
division in a building, vehicle, place, or structure where food is prepared, served, or sold for
immediate consumption on or in the vicinity of the premises; called for or taken out by
customers; or prepared prior to being delivered to another location for consumption.
"Restaurants" must derive at least 51 percent of their gross revenues from the sale of food and
nonalcoholic beverages. The term "restaurant" shall not include those exceptions listed in
section 509.013(5)(b)1-10, Florida Statutes, which are excluded from the definition of "public
food service establishment." The labeling or classification of a particular business, entity, or
location as a "restaurant" under other portions of this Code, including without limitation,
concerning business tax receipt classification, shall not be determinative of whether a particular
business, entity, or location is a "restaurant" for purposes of this chapter. as used in this
chapter, shall be consistent with the definition of "restaurant" as defined by Florida Statutes,
least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages. The.
The terms "sale," "sell," or "sold" shall mean any transfer of or the act of transferring an
alcoholic beverage for consideration, any gift of an alcoholic beverage in connection with, or as
a part of, a transfer of property other than an alcoholic beverage for consideration, or the
serving of an alcoholic beverage by a licensee or other entity or person within a licensee's
premises.
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The term "school" shall mean a public or private elementary school, middle school, or
secondary school pursuant to section 562.45(2)(a), Florida Statutes.
Sec. 6-2. -State beverage laws adopted.
The provisions of Florida's Beverage Law as codified in Chapters F.S. chs. 561, 562, 563, 564
and 565, Florida Statutes as may be amended from time to time, relating to alcoholic
beverages, except those sections thereof which are by their nature inapplicable to
municipalities, are hereby adopted as a part of this Code as if fully set forth herein, except any
more restrictive provisions as provided for by the charter or ordinances of the city. The city
police shall be charged with the duty of enforcing the provisions hereof and shall be vested with
the powers and authorities of state and county officials as set forth in the beverage laws of the
state in carrying out their duties hereunder.
Sec. 6-3. - Regulations and Permitted Hours of Sale of Alcoholic Beverages; Hours of business
and Operation; Open Containers.
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upon the premises; or served or permitted to be served or consumed on or at the place of
open in readiness for consumption on or at the premises where the sale or service
. .
a.m. eastern time, seven days a week.
{b) Other than as an incident to the sale of food or as an incident to the retail sale of other
from time to time by the laws of the state, i.e., restaurants, convenience stores, and
of intoxicating a alcoholic beverages a be defined from time to time b., the
of business open during the hours set forth and
enumerated i ubsection (a) of this section
(a) It shall be unlawful between the times of 2:00 a.m. and 7:00 a.m. each day for
any person to consume any alcoholic beverages in or upon any premises or place within the
territorial limits of the city that is owned or operated by a licensee or that otherwise holds or
owns an alcoholic beverage license from the state.
(b) It shall be unlawful between the times of 2:00 a.m. and 7:00 a.m. each day for
any licensee or any other person or entity to sell; serve; or permit the consumption, sale or
service of any alcoholic beverages in any premises or place within the territorial limits of the
city that is owned or operated by a licensee or that otherwise holds or owns an alcoholic
beverage license from the state.
Ordinance No.21-2197
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(c) It shall be unlawful for any alcoholic beverage to be sold between the times of
2:00 a.m. and 7:00 a.m. each day within the territorial limits of the city.
(d) Except as provided in subsection (e), it shall be unlawful for any premises or
place within the territorial limits of the city owned or operated by a licensee to remain open or
occupied between the times of 2:00 a.m. and 7:00 a.m. each day. By way of example, but not
limitation, this subsection applies to bars, bottle clubs, restaurants and any other premises or
licensee operated business that sells alcoholic beverages for on premises consumption or
allows consumption of alcohol on the premises. Notwithstanding the preceding, the provisions
of this subsection shall not be interpreted or enforced to prevent occupation of the licensed
premises by licensees and/or their officers, managers and employees for the performance of
cleaning, inventory, storage, preparation, bookkeeping or other similar tasks not involving the
service, sale or consumption of alcoholic beverages.
(e) Only those licensees that sell alcoholic beverages for off premises consumption
only as an incident to the retail sale of other items not classified as alcoholic beverages may
have their premises remain open between the times of 2:00 a.m. and 7:00 a.m. subject to
compliance with other applicable laws, ordinances, rules and regulations. The provisions of
subsections (a)-(c) of this section shall apply to all businesses, vendors, and licensees within the
territorial limits of the city, including those permitted to remain open to the public during the
aforesaid times.
(f) It shall be unlawful within the territorial limits of the city for any licensee, person
or entity to purchase, use, offer for sale, possess, consume or carry in any cup, glass, can or
other open or unsealed container, any alcoholic beverage in a manner prohibited by the
Seminole County Open or Unsealed Alcoholic Beverage Ordinance. This subsection does not
prohibit outdoor seating areas for the service and consumption of alcoholic beverages within
such areas approved by the city or described as part of licensed premises. Further, this
subsection does not prohibit special event waivers in accordance with section 6-6.
(eg) A police officer or officers may enter upon and into any establishment holding an
alcoholic beverage license from the state division of beverage for inspection purposes, or other
such purpose as permitted by general law, during or immediately after business hours, or at
such time as the license holder, his agent or employee, or such other persons who may be
within the premises, to determine compliance with this section and the adopted provisions of
the Florida Beverage Law. If it reasonably appears to the officer that alcohol is being consumed,
served, or sold, past the time permitted in this section, the police are authorized to
immediately order the establishment to stop the unlawful activity and to take such further
action as authorized by law. This #Failure to comply with this section may also subject the
license holder, the owner of the business, or a tenant leasing from a license holder to any
additional penalties or other adverse consequences as may be imposed pursuant to Florida
lawby F.S. ch. 162.
Ordinance No.21-2197
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u Licensees shall be responsible for keeping adequate and accurate records
evidencing compliance with this chapter for inspection by the city. Upon request, the city shall
be granted access to and shall have the right to examine all records and source documents used
to determine compliance with the provisions of this chapter within a reasonable period of time
not to exceed ten (10) days from the date of the request. Businesses shall afford the city the
means, facilities, and opportunity to verify the accuracy of the records produced or otherwise
inspected. Any audits provided by the business, vendor, or licensee must be completed by a
Florida licensed certified public accountant.
Sec. 6-4. - Distance from dime#,place of worship or school,e
(a) ept ^~ ' ,*'^^~ that ^ licensed est urants, which derive at least 51 percent of
their ~ s from the sale ^� ^^a nd ^ alcoholic beverag *No place of business for
the on-premises consumption of alcoholic beverages on lands designate~' as ^^"• mercial,
• shall be located within 500
feet of property owned or utilized by any established church place of worship;or school,of
day care center except in the following instances:
The place of business is licensed as a restaurant, which derives at least 51
percent of its revenue from the sale of food and nonalcoholic beverages;
(2) The location of the place of business is approved by the City Commission through
a special exception or Development Agreement pursuant to section 6-4(b);
(3) If the place of worship within 500 feet of a place of business having on-premises
consumption of alcoholic beverages is not freestanding as a single principal use
on a parcel. A place of worship would not be freestanding if it is located within a
multi-unit retail or office center or development containing three or more
separate commercial businesses suites or units; or
The establishment with on-premises consumption of alcoholic beverages is
located within the principal structure, courtyard, or pool area of an approved
hotel.
(5) The licensee's place of business: (i) is located within the Downtown Historic land
use district, (ii) provides a personal service(s) as its primary business, (iii) sells
wine or beer for on-premises consumption as an accessory to a customer's
purchase of the licensee's personal services, (iv) does not derive more than 35%
of licensee's gross revenue at such place of business from the sale of wine and
beer, (v) contains a primary area for alcohol consumption that does not exceed
35% of the total building floor area, and (vi) does not sell fortified wine, liquors,
distilled spirits or spirituous liquors.
(b) The city commission may approve a location for the on-premises consumption of alcoholic
beverages that is within the required separation area provided that it approves the
location as promoting the public health, safety, and general welfare of the community
Ordinance No.21-2197
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under proceedings as provided in F.S. § 166.04(3)(c) 166.041(3)(c) through a special
exception, or as part of a Development Agreement approved by the City Commission.
(c) The distances in subsection (a) of this section shall be measured along the ordinary
pedestrian walkway, sidewalk or public thoroughfare from the front door of said
establishment to the front door of said church, place of worship or school or day care
center. The front door of said buildings shall be the normal front door in the front of the
building. If there is no front door, the distance shall be measured from the middle of the
front of the building directly to the street or sidewalk.
(d) The distance requirements shall not apply to any establishment operating under a valid
state license on July 1, 1999, and located closer than the restricted distances to any church,
place of worship or school or day care center.
(e) Any such establishment selling alcoholic beverages, and operating under a valid state
license, which is located closer to a church, place of worship or school or day care center
than as provided in this section, shall not be permitted to expand or enlarge the existing
square footage of the building.
(f) Any establishment selling alcohol which is located closer to a church, place of worship or
school or day care center than as provided may continue such use so long as the owner or
occupant holds a valid alcoholic beverage license from the state. However, if another use is
made of the location, such location shall not thereafter be reestablished for the sale of
alcoholic beverages, unless in compliance with this section.
(g) Retail establishments with package sales of alcoholic beverages shall have no separation
requirements from places of worship or schools.
Sec. 6-5. -Sale of prohibited beverages.
It shall be unlawful for any licensee, entity, person, distributor, vendor,
or club s44a44 to sell any alcoholic beverage unless same is authorized for sale by the laws of the
United States and the state.
Sec. 6-6. -Waiver of requirements.
To the extent not otherwise prohibited by law, Tthe city commission may waive any
requirement of this chapter as it relates to hours of business or distance for the purpose of
special events held on city owned or controlled rights-of-way, sidewalks, property, or e+ty
ewned buildings.
Sec. 6-7. Remedies and penalties.
In the event that a violation of this article occurs,the city shall have the right to one or
more of the following remedies or actions:
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(a) Institute code enforcement proceedings and prosecute code violations against
the violator and the property owner of the real property where the violation occurs;
(b) Arrest and/or prosecute the violator for a criminal misdemeanor punishable by a
fine not exceeding$500.00 or imprisonment for a term not exceeding 60 days, or by both such
fine and imprisonment in the discretion of the court;
(c) Institute any appropriate action to bring about compliance or remedy, including
but not limited to, instituting an action in court to enjoin violating actions, in which case the
violating person shall be liable to the city for reimbursement of the city's attorneys'fees and
costs concerning such action; and
(d) Take any other action or remedy authorized by law or in equity, in which case
the violating person shall be liable to the city for reimbursement of the city's attorneys'fees
and costs concerning such action.
SECTION 2. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance
shall control to the extent of the conflict.
SECTION 3: CODIFICATION. Section 1 of this Ordinance shall be codified; and any sections,
subsection, paragraph, or subparagraph may be renumbered or re-lettered as appropriate and
to accomplish the intent of this Ordinance.
SECTION 4: SEVERABILITY. The provisions of this Ordinance are declared to be separable and if
any section, paragraph, sentence or word of this Ordinance or the application thereto any
person or circumstance is held invalid, that invalidity shall not affect other sections or words or
applications of this Ordinance. If any part of this Ordinance is found to be preempted or
otherwise superseded, the remainder shall nevertheless be given full force and effect to the
extent permitted by the severance of such preempted or superseded part.
SECTION 5: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption.
FIRST READING: February 15,2021
SECOND READING AND ADOPTION: March 1,2021
PASSED AND ADOPTED THIS 1st DAY OF March,2021
Ordinance No.21-2197
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L—
RICHARD DRUMMOND, MAYOR
ATTEST: -
r -
MICHEL LONGO, CMC, FCRM, CITY CLERK
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
DANIEL W. LA L ,ail✓ YORNEY
Ordinance No.21-2197
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