§ 6-5. Open containers.
(a)
[Definitions.] The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Alcoholic beverages means distilled spirits and all beverages containing one-half of one percent or more alcohol as determined in accordance with F.S. § 561.01(4)(b).
Bona fide restaurant is a business establishment that serves food on premises for an adequate seating for a minimum of 25 persons and that derives at least 51 percent of its gross revenues from the sale of food and not from the sale of alcoholic beverages.
Convenience store means a business that is engaged primarily in the retail of sale of groceries or motor fuels or special fuels and may offer food services to the public, in addition it may offer beer and wine for sale for consumption off premises.
Container means any can, bottle, carton, or other vessel of alcoholic beverage.
Open container means any container which has the original seal broken or which has been otherwise opened, punctured or altered so as to allow the consumption of its contents.
Lounge means any licensed premises devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or intoxicating liquors, or any combination thereof, for consumption on the licensed premises; in which the serving of food, if any, is merely incidental to the consumption of any such beverage; and the licensed premises is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including any business for which the sale of food or any other product or service is more than an incidental source of gross revenue.
Package store means a licensed place of business where alcoholic beverages are sold in the original sealed containers as received from the distributor for consumption off the premises only.
Premises means, not only rooms where alcoholic beverages are stored or sold by the licensee, but also all other rooms in the building which are so closely connected therewith as to admit of free passage from drink parlor to other rooms over which the licensee has some dominion or control and also includes all of the area embraced within the sketch, appearing on or attached to the application for the license involved and designated as such on the sketch, in addition to that included or designated by general law.
(b)
Consumption within certain distance of licensed establishment. It shall be unlawful for anyone to possess or to consume the contents of open containers of alcoholic beverages off the premises of an establishment dealing in alcoholic beverages and within 500 feet of the premises which is licensed for the sale of such alcoholic beverages. The distance set forth in this subsection shall be measured by following a straight line from that portion of any building which is part of the establishment dealing in alcoholic beverages to the location of the violation of this section.
(c)
Sign prohibiting consumption near establishment. Each establishment dealing in alcoholic beverages shall, at all times when such establishment is open to the public or is dispensing or selling alcoholic beverages, have located in the interior as well as the exterior portions of the building licensed for the sale of such alcoholic beverages, at a location from which it can be readily seen and read by customers of the establishment, a sign prominently displayed of a size at least one foot by two feet containing the following information:
IT IS UNLAWFUL TO CONSUME OR POSSESS ALCOHOLIC BEVERAGES WITHIN 500 FEET OF THIS ESTABLISHMENT AND OFF OF THESE LICENSED PREMISES. CITY CODE SEC. 6-5.
All signs previously erected pursuant to this section are ratified.
(d)
Location of signs. The city manager or his designee shall prescribe by rule the location for the signs and the size of the lettering, following as guidelines the criteria set forth in this section. It shall be unlawful for the owner of any establishment dealing in alcoholic beverages to fail to comply with this section or for any person to sell, dispense or serve alcoholic beverages in any establishment which is not in compliance with this section. The requirements of this section shall apply to all establishments dealing in alcoholic beverages. However, these signage requirements shall not apply to private clubs which are open only to members and their guests.
(e)
Exemptions. The following shall be exempt from the provisions of this section:
(1)
Consumption or possession within enclosed buildings.
(2)
Consumption upon private residential property by owners or residents of that property and their guests.
(3)
Consumption upon the property and within the buildings of an establishment properly licensed for on-the-premises consumption of alcoholic beverages; however, consumption of such beverages shall not be permitted within the parking lot of any such approved establishment.
(f)
Violation. Any person who is convicted of a violation of this section shall be punished as provided in section 1-6.
(Code 1958, § 5-8; Ord. No. 1047-2012 , 8-28-12)