§ 23-342. Alcoholic beverage sales and service.

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.

c. Bars, including wine and beer bars: The sale or service of alcoholic beverages for consumption on premises is permitted as described below:

1. A legally established "bar" that meets the definitions in this chapter and in chapter 5, Alcoholic Beverages may be permitted in the Downtown Historic Overlay. Up to 3 establishments may be permitted at one time, as tracked by the City by business tax receipt; additional establishments may be permitted by Special Exception.

2. The sale or service of wine and beer for consumption on premises at a legally established “wine and beer bar” that meets the definitions in this chapter and in chapter 5, Alcoholic Beverages, shall be permitted in the Downtown Historic Overlay. A wine and beer bar may be permitted in the D-MU outside of the Downtown Historic Overlay by Special Exception.

3. Outdoor service areas are permitted for bars / wine and beer bars. The business floor area of the bar / 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 upon approval of the Administrative Official in the Downtown Historic Overlay; and in the C-1 and D-MU (downtown and downtown mixed-use) zoning districts 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; Ord. No. 2022-37, § 1, 9-7-22)