§ 23-342. Alcoholic beverage sales and service.  


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  • Zoning approval of applications for state alcoholic beverage licenses shall be granted only in accordance with the provisions of this chapter and chapter 5, Alcoholic Beverages, and with the following conditions:

    a. Retail sales: The retail sale of alcoholic beverages for consumption off-premises is permitted at a legally established "store," as defined in this chapter. Retail sales of alcoholic beverages for consumption off-premises is permitted as an accessory use, subject to the provisions of section 23-541, Accessory uses—Nonresidential properties.

    b. Restaurants: The sale or service of alcoholic beverages for consumption on premises is permitted at a legally established restaurant, including outdoor service areas, provided the establishment meets the definitions of "restaurant" in this chapter and in chapter 5, Alcoholic Beverages, and provided the outdoor service area is defined by a fence or other barrier approved by the administrative official.

    c. Wine and beer bars: The sale or service of wine and beer for consumption on premises is permitted at a legally established wine and beer bar, including outdoor service areas, provided the establishment meets the definitions of "wine and beer bar" in this chapter and in chapter 5, Alcoholic Beverages, and provided the outdoor service area is defined by a fence or other barrier approved by the administrative official and provided the business floor area of the wine and beer bar shall be not less than one thousand (1,000) square feet in size and not more than five thousand five hundred (5,500) square feet in size.

    d. Clubs: The sale or service of alcoholic beverages for consumption on premises is permitted at a legally established club, provided the establishment meets the definition of "club" in this chapter and the definition of "fraternal or civic organization" in chapter 5, Alcoholic Beverages.

    e. Outdoor seating areas on public sidewalks: The sale or service of alcoholic beverages by a legally established food or beverage business in an outdoor seating area on a public sidewalk is permitted in the C-1 (downtown) zoning district only upon approval by the city commission. Approval shall be contingent upon compliance with the conditions for an outdoor seating area in this chapter (section 23-353, Outdoor seating area). The city commission may place special conditions on the approval and reserves the right to limit the number of establishments providing such service on public sidewalks. In conjunction with the application, the owner or operator of the business shall provide to the city indemnification in a form acceptable to the city and must also secure a policy providing commercial general liability insurance in an amount not less than one million dollars ($1,000,000.00) naming the City of Lake Wales as an additional insured. The business shall be responsible for providing notice to its customers that alcoholic beverages may be consumed or possessed only within the public open space approved by the city commission for consumption of such beverages. Approval shall be contingent upon the establishment's obtaining and holding a valid state alcoholic beverage license for service in the outdoor area.

(Ord. No. 2009-14, § 1, 10-20-09; Ord. No. 2011-04, § 1, 3-1-11)