Fort Walton Beach Council agenda — 04-28-09 regular — reading text

and he serves alcoholic beverages at them between 10: 01 am and 1: 00 pm on a Sunday, in conjunction with the purchase of a full meal, it appears that his establishments would be in complete compliance with this ordinance. A" full meal ", especially if your are a vegan, is a highly subjective term. There are no definitions for " eating place" or "full meal" that I can find in the ordinance. Please let me know when would be a good time to schedule a conference to discuss this matter as my client certainly wants to cooperate with the law and maintain his excellent record of compliance with the Division of Alcoholic Beverages and Tobacco. Sincerely, Gil Osterloh, Vice President Beverage Law Professionals 10859 US Hwy 98 # 249 Destin, FL 32550 850 - 837 - 9954 ( main) 850 - 259 - 3541 ( direct) 847 - 557 - 1415 ( fax) www. beverage - law. com From: Ryan Phillips < ryan @phillipsoil. com> To: Rose Berry < rberry@fwb. org> Cc: E1 Villas < manager@elvillas. com>; Pirates Cove Liquors < manager@piratescoveliquors. com>; bruce < bruce@varietyliquors. com>; gil @beverage - Law. com Sent: Friday, January 16, 2009 7 : 57: 57 PM Subject: RE: serving alcohol on Sundays We will be opening at 11am and will be serving Nachos and Non - Alcoholic Beverages until fpm at this time. So patrons can watch the games that begin on Television at 11: 30am) Toni Craig From: Rose Berry [ rberry@fwb.org] Sent: Friday, January 23, 2009 8:21 AM To: tonicraig @cox.net Cc: Ted Litschauer Subject: FW: Info in Reference to alcohol and hours of sale Toni, Here is the info from the Division of Alcoholic Beverages and Tobacco. Subject: Info in Reference to alcohol and hours of sale Rose Berry, Below is the information that I was able to find in reference to hours of sale in Okaloosa County. I also provided are definition of a full course meal as it applies to a restaurant with a 4COP (beer, wine, liquor consumption on premise only) SRX (special restaurant series) license and a copy of the statute we would use in reference to ABT adopting and filling an administrative case. Okaloosa County ordinance as per Municode: Sec. 4 -1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic and intoxicating beverages defined to include all beverages containing more than one percent alcohol by weight. Ord. No. 83 -23, § 2, 7- 26 -83) Sec. 4 -2. Times of sale. No alcoholic beverages shall be sold, and/or served in any establishment holding a license under the Division of Alcoholic Beverages and Tobacco or the Department of Business and Professional Regulation in the unincorporated areas of Okaloosa County except during the time and hours hereafter stated, and during the time and hours hereinafter stated, the sale of alcoholic beverages, be and hereby is, permitted and allowed: 1) Monday through Saturday, 8: 00 a.m. until 4: 00 a.m. the following morning. 2) Sunday, 1: 00 p.m. until 4: 00 a.m. the following morning, except that in eating places and restaurants that regularly serve full meals 10: 00 a.m. until 4: 00 a.m. the following morning. Ord. No. 83 -23, § 1, 7- 26 -83; Ord. No. 00 -13, § 1, 10- 17 -00; Ord. No. 01 -25, § 1, 8 -7 -01) This administrative rule applies to a SRX license ( i. e. Chili' s, Applebee' s, Hooters, TGI Friday' s etc) 61A- 3.0141 Special Restaurant Licenses. 1) Special restaurant licenses in excess of the quota limitation set forth in subsection 561. 20( l), Florida Statutes, shall be issued to otherwise qualified applicants for establishments that are bona fide restaurants engaged primarily in the service of food and non- alcoholic beverages, if they qualify as special restaurant licensees as set forth in subsection (2) of this rule. Special restaurant licensees must continually comply with each and every requirement of both subsections ( 2) and (3) of this rule as a condition of holding a license. Qualifying restaurants must meet the requirements of this rule in addition to any other requirements of the beverage law. The suffix " SRX" shall be made a part of the license numbers of all such licenses issued after January 1, 1958. 2) Special restaurant licenses shall be issued only to applicants for licenses in restaurants meeting the criteria set forth herein. a) Except in the counties of Alachua, Brevard, Broward, Citrus, for premises with a cocktail lounge or open bar, Dade, Pasco, St. Lucie, Walton, Martin, Nassau, Okaloosa, Okeechobee, Osceola, Hendry, Highlands, Hillsborough, Indian River, Lake, and Orange County with respect to Orlando, Winter Park, and Maitland, each of the above being controlled by general law or special act, a qualifying restaurant must have a service area occupying 2, 500 or more square feet of floor space. 1. The required square footage shall not include any space contained in an uncovered or not permanently covered area adjacent to the premises because food service is not available at all times. 2. The required square footage shall be contiguous and under the management and control of a single licensed restaurant establishment. 3. Kitchens, food service areas, pantries, storage rooms, offices, and toilets, used exclusively in the operation of the restaurant shall be included in the required square footage. Measurements will be taken from the outside of qualifying structures or areas. b) Except in the counties of Alachua, Brevard, Broward, Dade, Hendry, Highlands, Walton, Hillsborough, Indian River, Pasco, Martin, Nassau, Okaloosa, St. Lucie, Osceola, and Orange County with respect to Orlando, Winter Park, and Maitland, each of the above being controlled by general law or special act, a qualifying restaurant must have accommodations for the service and seating of 150 or more patrons at tables at one time. 1. The tables and seating must be located within the floor space provided for in paragraph ( 2)( a) of this rule. 2. The tables must be of adequate size to accommodate the service of full course meals in accordance with the number of chairs or other seating facilities provided at the table. 3. Seating at counters used to serve food shall be included in the minimum seating requirements. c) Except in those counties and municipalities controlled by general law or special act, as set forth in paragraph ( 2)( b) of this rule, a qualifying restaurant must have all equipment for the service of 150 full course meals on the premises at one time. d) An applicant for an SRX license must either hold, or have applied for, the appropriate restaurant license issued by the Division of Hotels and Restaurants prior to issuance of the temporary SRX license. The restaurant must hold the appropriate restaurant license before it will be eligible for a permanent SRX license. e) A qualifying restaurant must comply with all fire safety laws relating to the operation of a restaurant. 3) Qualifying restaurants receiving a special restaurant license after April 18, 1972 must, in addition to continuing to comply with the requirements set forth for initial licensure, also maintain the required percentage, as set forth in paragraph (a) or (b) below, on a bi- monthly basis. Additionally, qualifying restaurants must meet at all times the following operating requirements: a) At least 51 percent of total gross revenues must come from retail sale on the licensed premises of food and non -alcoholic beverages. Proceeds of catering sales shall not be included in the calculation of total gross revenues. Catering sales include food or non -alcoholic beverage sales prepared by the licensee on the licensed premises for service by the licensee outside the licensed premises. 1. Qualifying restaurants must maintain separate records of all purchases and gross retail sales of food and non -alcoholic beverages and all purchases and gross retail sales of alcoholic beverages. 2. The records required in subparagraph ( 3)( a) 1. of this rule must be maintained on the premises, or other designated place approved in writing by the division for a period of 3 years and shall be made available within 14 days upon demand by an officer of the division. The division shall approve written requests to maintain the aforementioned records off the premises when the place to be designated is the business office, open 8 hours per work day, of a corporate officer, attorney, or accountant; the place to be designated is located in the State of Florida; and the place to be designated is precisely identified by complete mailing address. 3. Since the burden is on the holder of the special restaurant license to demonstrate compliance with the requirements for the license, the records required to be kept shall be legible, clear, and in the English language. 4. The required percentage shall be computed by adding all gross sales of food, non -alcoholic beverages, and alcoholic beverages and thereafter dividing that sum into the total of the gross sales of food plus non -alcoholic beverages. b) Restaurants issued special restaurant licenses prior to April 18, 1972 but after September 1, 1969 shall be required to derive at least 30 percent of gross revenues from the sale of food and non -alcoholic beverages. c) Restaurants holding special restaurant licenses issued prior to September 1, 1969 are not required to derive any fixed amount of gross revenue from the sale of food and non -alcoholic beverages but must operate as a bona fide restaurant and meet the other requirements of this rule. d) Full course meals must be available at all times when the restaurant is serving alcoholic beverages except alcoholic beverage service may continue until food service is completed to the final seating of restaurant patrons for full course meals. A full course meal as required by this rule must include the following: 1. Salad or vegetable; 2. Entree; 3. Beverage; and 4. Bread. e) For purposes of determining required percentages, an alcoholic beverage means the retail price of a serving of beer, wine, straight distilled spirits, or a mixed drink. 4) Establishments obtaining and operating under a temporary initial license as provided in Section 561. 181( 2), Florida Statutes, or under a temporary transfer license as provided in Section 561. 331, Florida Statutes, shall be investigated by the division during said operation and prior to issuance of a permanent license to insure that the establishment is a bona fide restaurant primarily engaged in food and non -alcoholic beverage sales and service and that the requirements of this rule have been met. The failure of an establishment to operate as a bona fide restaurant during said period of time shall result in denial of the application for a special restaurant license. An application for a special restaurant license from an establishment which has had a prior application for a special restaurant license denied during the previous 30 -day period will be accepted by the division. The recent denial of the prior application will, however, be deemed a disclosure on the face of the subsequent application of a reason to deny such subsequent application. Accordingly, in such cases, no temporary initial license will be issued for a period of 30 days to allow the division inspectors to ensure that the reason to deny has been abated. Specific Authority 561. 11 FS. Law Implemented 561. 20(2)( a)4. FS. History -New 8- 23 -90, Amended 5- 19 -91, 10- 22 -91, Formerly 7A- 3. 0141. This is the statute that we would use in reference to a county or city ordinance violation. In order for us to file the