Chapter 5. Alcoholic Beverages  


§ 5-1. Legislative findings and intent.
Latest version.

Alcohol abuse is a factor in violent crimes such as assault and battery and increases the frequency and severity of vehicle crashes. A disproportionate number of calls for service received by the police department originate from establishments that permit the consumption of alcoholic beverages on the premises. An unreasonable amount of law enforcement resources are allocated to these establishments to preserve the public peace. Accordingly, the regulation of alcoholic beverages may reduce crime and disorder.

In accordance with authority granted by F.S. § 562.14, this chapter is intended to regulate the hours during which alcoholic beverages may be sold, consumed, served or permitted to be served within the city limits at any establishment holding a license from the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulation.

In accordance with authority granted by F.S. § 562.45, this chapter is intended to regulate the location within the city limits of any establishment holding a license from the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulation.

This chapter is further intended to establish prohibited acts relating to the sale, service, possession or consumption of alcoholic beverages within the city limits.

All police powers granted by F.S. ch. 562 shall be exercised by the city to protect the health, safety and welfare of the public.

(Ord. No. 2009-25, § 1, 10-20-09)

§ 5-2. Applicability.
Latest version.

In addition to all provisions of chapters 561 and 562, Florida Statutes, hereinafter referred to as the Florida Beverage Law, the provisions of this chapter shall apply to the sale, service, possession and consumption of alcoholic beverages within the corporate limits of the city.

(Ord. No. 2009-25, § 1, 10-20-09)

§ 5-3. Definitions.
Latest version.

As used in this section, the following terms shall have the meanings ascribed as follows:

Alcoholic beverages means distilled spirits and all beverages containing one-half (½) of one (1) percent or more alcohol by volume.

Beer means all brewed beverages containing malt.

Bottle club means a commercial establishment, operated for a profit, whether or not a profit is actually made, wherein patrons consume alcoholic beverages which are brought onto the premises and not sold or supplied to the patrons by the establishment, whether the patrons bring in and maintain custody of their own alcoholic beverages or surrender custody to the establishment for dispensing on the premises, and which is located in a building or other enclosed permanent structure.

Fraternal or civic organization means a lodge or club of a national fraternal or benevolent association.

Open container means an unsealed alcoholic beverage contained in a bottle, can, cup, glass or other container.

Operator means the corporation, firm or person legally responsible for the daily operation of an establishment where alcoholic beverages are sold, served or consumed.

Owner means any corporation, firm or person having lawful possession of an establishment where alcoholic beverages are sold, served, or consumed.

Restaurant means a public eating place holding a valid local business tax receipt issued by the city and a valid license from the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation where meals are prepared, served or sold for immediate consumption on the premises or called for or taken out by customers that derives at least fifty-one (51) percent of its gross revenue from the sale of food and nonalcoholic beverages.

Retail sales establishment means a business that is engaged primarily in the retail sale of consumer goods or services. Convenience stores and retail service stations are included in the definition of a retail sales establishment.

Sale and sell means any transfer of an alcoholic beverage for a 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 a consideration, or the serving of an alcoholic beverage by a club licensed under the Florida Beverage Law.

Wine means all beverages made from fresh 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, combination of the aforesaid beverages, vermouths and like products. Sugar, flavors and coloring materials may be added to wine to make it conform to the consumer's taste, except that the ultimate flavor or the color of the product may not be altered to imitate a beverage other than wine or to change the character of the wine.

Wine and beer bar means any establishment devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or any combination thereof, for consumption on the licensed premises. The serving of food, if any, is merely incidental to the consumption of any such beverage.

(Ord. No. 2009-25, § 1, 10-20-09; Ord. No. 2011-03, § 1, 3-1-11)

§ 5-4. Hours of sale.
Latest version.

(a) Alcoholic beverages may be consumed, permitted to be served, served or sold with a meal at a restaurant holding a valid license from the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulation and local business tax receipt issued by the city between the hours of 8:00 a.m. and 2:00 a.m. of the following day.

(b) Alcoholic beverages may be sold at a retail sales establishment holding a valid license from the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulation and local business tax receipt issued by the city between the hours of 6:00 a.m. and 2:00 a.m. of the following day.

(c) Alcoholic beverages may be consumed, permitted to be served, served or sold at a wine and beer bar holding a valid license from the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulation and local business tax receipt issued by the city between the hours of 8:00 a.m. and 2:00 a.m. of the following day.

(d) Alcoholic beverages may be consumed, permitted to be served, or served at a fraternal or civic organization holding a valid license from the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulations and a local business tax receipt issued by the city between the hours of 8:00 a.m. and 2:00 a.m. the following day.

(e) It shall be unlawful for a person to consume, permit to be served, serve or sell an alcoholic beverage at any restaurant, retail sales establishment, stand-alone bar or wine and beer bar outside the regulations established above.

(Ord. No. 2009-25, § 1, 10-20-09; Ord. No. 2011-03, § 2, 3-1-11)

§ 5-5. Consuming alcoholic beverages and possessing an open container in public areas.
Latest version.

It shall be unlawful for any person to consume an alcoholic beverage or possess an open container upon any public alley, highway, right-of-way, roadway, street, public or private parking lot used by the public, public park or any other public open space except as provided below:

(1) A person may consume an alcoholic beverage or possess an open container in public open space approved for such purpose by the city commission under the provisions of chapter 23

(2) A person may drink or consume an alcoholic beverage or possess an open container on a public alley, highway, right-of-way, roadway, street, public or private parking lot used by the public, public park or any other public open space with the approval and issuance of a special event permit by the city commission. In conjunction with the application, the applicant must 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 applicant shall be responsible for providing notice to participants that alcoholic beverages may only be consumed in a clear plastic container not in excess of sixteen (16) ounces of capacity and within the area approved by the city commission.

(Ord. No. 2009-25, § 1, 10-20-09; Ord. No. 2011-03, § 3, 3-1-11)

§ 5-6. Consumption, sale and service of alcoholic beverages within five hundred (500) feet of a church or school prohibited.
Latest version.

(a) No alcoholic beverages shall be sold or consumed or permitted to served or consumed within the corporate limits of the city at any place of business, location or establishment holding a valid license for the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulations within five hundred (500) feet of any real property that comprises an established church or private or public elementary, middle or secondary school; provided, however, that the above and foregoing shall not apply to a restaurant, as restaurant is defined in state law and section 5-3 herein, where alcoholic beverages are sold as a part of a meal served on the restaurant premises, to any duly licensed grocery store selling wines or beers in packages for consumption off the premises and the requirement for a five-hundred-foot distance from a church shall not apply to wine and beer bars or to fraternal or civic organizations.

(b) The distance of five hundred (500) feet shall be measured as follows:

(1) Pertaining to established schools. Five hundred (500) feet from the nearest point of the building of the place of business, location or establishment to the nearest point of the real property containing school facilities.

(2) Pertaining to established church. Five hundred (500) feet from the nearest point of the building of the place of business, location or establishment to the nearest point of the church building or buildings.

(3) Measurement. The distance of five hundred (500) feet shall be measured in a straight line.

(Ord. No. 2009-25, § 1, 10-20-09; Ord. No. 2009-29, § 1, 11-17-09; Ord. No. 2011-03, § 4, 3-1-11)

§ 5-7. Bottle club prohibited.
Latest version.

A bottle club may not be located or operated within the corporate limits of the City of Lake Wales.

(Ord. No. 2009-25, § 1, 10-20-09)