[HISTORY: Adopted by the Town Council of the Town of Zolfo Springs 4-30-2001 by Ord. No. 2001-03. Amendments noted where applicable.]
Pursuant to authority vested in the Town through F.S. Ch. 562, the Town Council finds that it is necessary to the public safety, health and welfare of Town residents to regulate aspects of the sale of alcoholic beverages within the Town limits. It is the Council's intent that this chapter not be inconsistent with general or special laws of the State of Florida but supplement those laws or possibly be more stringent when authorized by the Florida Statutes.
This chapter shall be referred to as the "Alcoholic Beverage Regulation Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGES
- All distilled spirits and other beverages containing 1/2 of 1% or more alcohol by volume.
- All brewed beverages containing malt.
- Alcoholic beverages sold or served by a business regardless of whether they are served as a part of a sale or the business receives any form of compensation.
- ESTABLISHMENT DEALING IN ALCOHOLIC BEVERAGES
- Any business or commercial establishment, whether open to the public at large or where entrance is limited by a cover charge or membership requirement, including those licensed by the state for sale and/or service of alcoholic beverages, and any bottle club, hotel, motel, restaurant, nightclub, country club, cabaret, meeting facility utilized by any religious, social, fraternal or similar organization, or business or commercial establishment where a product or article is sold, dispensed, served or provided with the knowledge, actual or implied, that the product or article will be or is intended to be mixed, combined with or drunk in connection or combination with an alcoholic beverage on the premises of the business or commercial establishment.
- Any person or entity lawfully operating under a license issued by the Florida Department of Regulation, Division of Alcoholic Beverages and Tobacco.
- OPEN CONTAINER
- Any container or vessel other than the original, unbroken, sealed container, or any container which is immediately capable of being consumed from, containing an alcoholic beverage.
- SEMIPUBLIC PARKING FACILITY
- Any privately owned area wherein motor vehicles may be parked by the public in conjuncture with any business enterprise, commercial establishment, office building or multiple-family residential building.
- All beverages made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added, in the manner required by the laws and regulations of the United States, and includes all sparkling wines, champagnes, combinations of the aforesaid beverages, vermouths, and like products.
Prohibitions. It shall be unlawful for any establishment dealing in alcoholic beverages to sell alcoholic beverages by the package, bottle or original container, offer for sale, serve, or permit the consumption of any alcoholic beverages, either on or off the premises, during the following hours (time is local time):
New Year's Eve. It shall not be unlawful for any establishment dealing in alcoholic beverages to dispense alcoholic beverages from 1:00 p.m. on December 31 until 2:00 a.m. January 1, regardless of the day of the week on which those days fall each year.
Prohibition. No establishment dealing in alcoholic beverages shall dispense alcoholic beverages within 500 feet of an established church or established school.
Measurement. Measurement of the location of the vendor shall be by measuring the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of said place of business to the main entrance of the church or the nearest point of the school grounds in use as part of the school facilities.
All vendors of alcoholic beverages shall have posted in a conspicuous place in their premises a sign written in both the English and the Spanish languages, which is clearly visible and readable to all persons entering the premises, which shall warn of the dangers of consuming alcoholic beverages during pregnancy. This sign shall read as follows:
The warning sign is to be of the same dimensions as the vendor's alcoholic beverage license. The phrase "Warning to Pregnant Women" is to be printed in thirty-six-point type. The words "The consumption of alcohol may be hazardous during your pregnancy (especially during the first 13 weeks)" are to be printed in eighteen-point type.
Possession of open containers unlawful in certain locations. It shall be unlawful for any person to consumer or have in his or her possession any alcoholic beverages in any open container on any public street, thoroughfare, or sidewalk (except in a licensed sidewalk cafe) or on any public or semipublic parking facility in the Town, except as specified in Subsection D below. It shall be unlawful for any person to have in his or her possession any alcoholic beverages in any open container while in or on any motor vehicle on any public or semipublic parking facility in the Town. The term "semipublic parking facility" shall include any privately owned area wherein motor vehicles may be parked by the public in conjunction with any business, enterprise, commercial establishment, office building or multiple-family residential building.
Consumption on certain premises prohibited during certain hours. In addition to the prohibitions contained in Subsection A, no person shall consume or have in his or her possession any alcoholic beverages in an open container on any other privately owned property, except as a lawful guest and with the consent of the owner or person in charge of such privately owned property.
The provisions of this section shall apply whether the location owner holds a valid beverage license or not.
Exceptions. This section shall not apply to:
Any person engaged in picking up empty beverage containers for the purpose of collecting deposits or value of the bottle or can itself, nor to any person taking part in a litter control campaign.
The possession of any open container by any licensed distributor or licensed vendor of alcoholic beverages, provided that such alcoholic beverage is being transported solely as part of the licensed business activity.
The transportation of any open container of an alcoholic beverage in or on any motor vehicle, provided that such container is in a compartment of the vehicle not readily accessible to the driver or passengers, such as a locked (not merely latched) glove compartment, trunk or other nonpassenger or nondriver area of the motor vehicle.
The transportation of any open container or consumption of an alcoholic beverage in or on any motor vehicle duly licensed and operated for hire to transport passengers, such as charter buses, regularly scheduled buses, taxicabs, and the separate passenger compartments of limousines, provided that the operator thereof is not in immediate possession of or engaged in the consumption of any alcoholic beverage or open container of an alcoholic beverage. The operator must have in his possession evidence of employment by a bona fide chauffeur's service, limousine service, taxicab company or bus company.
Violation of this chapter is a misdemeanor and is punishable pursuant to the provisions of F.S. § 162.22 by imprisonment for up to 60 days or a fine of up to $500 or both such imprisonment and fine.