Fort Walton Beach Council agenda — 09-15-09 special-alcohol sales — reading text

AGENDA CITY OF FORT WALTON BEACH SPECIAL MEETING September 15, 2009 5: 30pm CALL TO ORDER PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA 2. ACTION - DISCUSSION 2. 1 Direction: Council to provide clear direction to the City Manager and City Attorney to make changes to the hours that alcohol may be sold in the City on Sundays. Synopsis: Current Ordinance restrictions have been challenged as being vague and unclear. ( City Attorney /City Manager) ADJOURNMENT Any person who decides to appeal any decision made with respect to any matter at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ( Chapter 286.0105 F.S.) The City of Fort Walton Beach adheres to the American with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk Helen Spencer at 850 -833- 9509 to make a request. For Hearing Impaired dial the City Hall TDD # 850- 833 -9925 or 1- 800 -955- 8771 ( TDD) or 1- 800 -955 -8770 ( Voice). Requests must be received at least 48 hours in advance of the meeting in order to allow the City time to provide requested service. City Council Special Meeting September 15, 2009  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: September 9, 2009 TO: Honorable Mayor and Council Members FROM: Robert T. Meams, City Manager SUBJECT: Alcohol Sales Hours 1. Back r ound 1. 1 On January 16, 2009 a complaint was made to the Police Department that two establishments within the city limits were selling alcohol before 1: 00 pm on Sunday using the sale of nachos to cover the food requirement stipulated in City Code Section 9. 01. 04 that states " On Sundays, no alcoholic beverages, regardless of the alcoholic content, may be sold, consumed, or served between the hours of 4: 00 a.m. and 1: 00 p.m., except that in eating places and restaurants that regularly serve full meals, no alcoholic beverages may be sold, consumed, or served between the hours of 4: 00 a. m. and 10: 00 a. m., and any sales, consumption or serving of alcoholic beverages between 10: 01 a.m. and 1: 00 p.m. are restricted to those sold in conjunction with the purchase of a full meal." 1. 2 A representative of the owner of the establishments ( the same person owns both places) responded to the complaint stating that the terms " eating places ", restaurant ", and " full meal" were not defined. 1. 3 At the Regular Council Meeting held April 28, 2009 the City Attorney briefed the Council on the issue of Sunday alcohol sales hours. Consensus of Council was that the current ordinance regarding sales of alcohol needs to be reviewed and updated, and for the City Manager to work with the City Attorney to bring an ordinance forward at a future date. 2. Discussion 2. 1 Chapter 562. 45( 2)( a), F. S. states that " Nothing contained in the Beverage Law shall be construed to affect or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the hours of business ". Based on the statutory language, the City Council may impose any hours of operation it deems appropriate. 2. 2 There are several options available to the City Council in terms of amending the existing ordinance. As suggested by the original presentation by the City Attorney the Council could:  2. 2. 1 Delete entire current section 9. 01. 04, then state " On Monday through Sunday, alcoholic beverages, regardless of the alcoholic content, may be sold, consumed, served, or permitted to be served or permitted to be consumed in any establishment holding an appropriate and valid license under the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation, between the hours of 7: 00 a.m. and 4: 00 a.m. the next morning. There would be no further distinction in hours of sales. 2. 2.2 Keep the Sunday restriction with the additional language: " On Sundays, alcoholic beverages, regardless of the alcoholic content, may be sold, consumed, or served between the hours of 1: 00 p.m. and 4: 00 a.m. the next morning, except that in establishments that have full course meals available at all times when the establishment is serving alcoholic beverages, alcoholic beverages may be sold, consumed, or served between the hours of 10: 00 a. m. and 4:00 a.m. the next morning. A " fall course meal" as required by this subsection must include a salad or vegetable, entree, beverage, and bread. 2. 2. 3 Keep the Sunday restriction with the additional language: " On Sundays, alcoholic beverages, regardless of the alcoholic content, may be sold, consumed, or served between the hours of 1: 00 p.m. and 4: 00 a.m. the next morning, except that in establishments with more than fifty— one percent ( 51%) of total gross revenue derived from retail sales of food consumed on the licensed premises, alcoholic beverages may be sold, consumed, or served between the hours of 10: 00 a.m. and 4: 00 a.m. the next morning. The percentage of food sales shall be computed by dividing gross revenues from the sale of food consumed on the premises by the gross revenue of the licensed premises." 3. Recommendation 3. 1 Staff requests that the City Council provide clear direction to the City Manager and City Attorney as to what language it desires to have included in the Alcohol Sales Ordinance to bring forward for City Council action. 2-  OFFENSES § 9. 01. 04 CHAPTER 9. 00. GENERAL Sec. 9. 00. 01. Violations. Unless stated otherwise, violations of this chapter are punishable as provided in section 1. 05. Sec. 9. 00. 02. State Misdemeanors Incorporated. No person shall commit, within the city, any act which is recognized by the laws of the state as a misdemeanor, and the commission of any such act is hereby prohibited. CHAPTER 9. 01. ALCOHOLIC BEVERAGES Sec. 9. 01. 01. Adoption of Statutes. Those provisions of the Florida Statutes relating to intoxicating beverages, including liquor, beer and wine, as amended through the date of the adoption of this Code, are hereby adopted as fully as if set out at length in this chapter, unless hereinafter modified, and shall be controlling in the traffic of alcoholic beverages in the city. The definitions of intoxicating liquor, wine and beer shall be the same in this chapter as the definitions set forth in general law. Sec. 9. 01. 02. Prohibited Locations for Sales. The sale of alcoholic beverages is prohibited by any business that principally engages in dispensing alcoholic beverages at any lot or parcel of land that is within 500 feet of a boundary or property line of a lot or parcel of land on which a school or church is located. As used in this section, principally engaged" means greater than 50 percent of gross receipts. The distance between such properties shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the property line of the place of business to the property line of the school or church. In shopping centers, the property line of the place of business shall be deemed to be the actual boundary of the premises leased or owned by the business, not including common area used for access and parking of such business and other businesses occupying the shopping center. For the purpose of this section, the distance from the actual boundary of the place of business leased or owned by the occupant, to the property line of the church or school, shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare or access road in the shipping center used for ingress and egress. Sec. 9. 01. 03. Exceptions to Prohibited Locations for Sales. The distance requirement of this chapter does not pertain to vendors who are handling malt beverages and wine for off -premises consumption prior to March 8, 1988. However, distance requirements set forth in subsection ( b) of this section shall apply to businesses that commence to principally engage in handling malt beverages and wine for off -premises consumption on such effective date and thereafter. No existing establishment or its successors in interest at the same location shall be prohibited from dispensing alcoholic beverages as a result of this section. Sec. 9. 01. 04. Hours for Sales. No alcoholic beverages may be sold, consumed, served, or permitted to be served or permitted to be consumed in any establishment holding a license under the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation, between the hours of 4: 00 a. m. and 7: 00 a. m. on Monday through Saturday. During any other portion of these days, Volume II -163 3-  9. 01. 04 FORT WALTON BEACH CODE alcoholic beverages, regardless of the alcoholic content, may be sold, consumed, or served by licensees pursuant to this section. On Sundays, no alcoholic beverages, regardless of the alcoholic content, may be sold, consumed, or served between the hours of 4: 00 a. m. and 1: 00 p. m., except that in eating places and restaurants that regularly serve full meals, no alcoholic beverages may be sold, consumed, or served between the hours of 4: 00 a. m. and 10: 00 a. m., and any sales, consumption or serving of alcoholic beverages between 10: 01 a. m. and 1: 00 p.m. are restricted to those sold in conjunction with the purchase of a full meal. Sec. 9. 01. 05. Conduct in Sales Establishments. It is hereby declared that the following prohibited acts encourage conduct in and around establishments dealing in alcoholic beverages which results in violation of law and is