§ 5-2. Definitions.  

Effective on Tuesday, November 1, 2022
  • The definitions in the Florida Statutes known as the state beverage law, as amended from time to time, are adopted by the City Commission and made a part of this chapter by reference.    

    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.

    Bar means any establishment with a principal or predominant use of selling, providing or allowing the consumption of alcoholic beverages on the premises.

    Wine and beer bar means any establishment devoted during any time of operation predominantly or totally to serving alcoholic beverages excluding liquor or distilled spirits, 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; Ord. No. 2020-04, § 2, 1-21-20; Ord. No. 2022-46, § 1, 11-01-22)