§ 21-96. Alcoholic beverage establishments.

(a)

Intent. It is the intent of this section to regulate alcoholic beverage establishments, as defined in Article IX of the Unified Land Development Code (ULDC), which the City Commission finds have the potential for impacts that may be injurious to surrounding land uses and to the general public if not so regulated.

(b)

Applicability.

(1)

The provisions of this section shall not apply to manufacturers, distributers, or importers of alcoholic beverages as governed by any State of Florida licensing and permitting requirements.

(2)

Where conformance to the required separation from certain uses, set forth in subsection (e) of this section, would cause unnecessary hardship, the Development Special Magistrate may issue a variance, in accordance with the procedure outlined in section 21-422 of the ULDC, provided however that, in order to issue such a variance, the Development Special Magistrate must find the existence of all of the facts and conditions identified in subsections 21-422(a), 21-422(c), 21-422(d), 21-422(e) and 21-422(f) of the ULDC, and must find that the variance, if granted, will not cause a substantial adverse impact to the certain uses in question.

(3)

The provisions of this section, except subsection 21-96(d), shall not apply to restaurants, as defined in Article IX of the ULDC. For the purpose of determining if an establishment meets this definition, the owner of the establishment shall maintain records on the premises which accurately document the gross sales of food and non-alcoholic beverages and the gross sales of alcoholic beverages for each calendar year. Upon request, the owner shall make such records available to the growth management department.

(4)

The provisions of this section, except subsection 21-96(d), shall not apply when the sales or consumption of alcoholic beverages is accessory to a permitted principal use, conducted indoors, and without direct ingress and egress to a public street. Examples of typical principal uses with accessory alcohol sales or consumption include, but are not limited to: Bowling alleys, restaurants, golf courses, hotels, bed and breakfasts, performance theaters (excluding adult entertainment), civic centers and airports.

i.

Section 21-96(b), (c) and (d) notwithstanding, any use that engages in activities consistent with a bar or nightclub, as defined in Article IX of the ULDC, and is not a legally non-conforming use of the land consistent with section 21-433, shall be considered an alcoholic beverage establishment and subject to the provisions of this section.

(5)

The provisions of this section, except subsection 21-96(d), shall not apply to special events permitted by the City on property owned by the City.

(6)

The provisions of this section, except subsection 21-96(d), shall not apply to legally non-conforming and/or legally established alcoholic beverage establishments existing at the time of the adoption of this ordinance. The forgoing notwithstanding, any legally established alcoholic beverage establishment, subject to special use approval as established by this section and pursuant to sections 21-411 through 21-418 of the ULDC, as applicable, may apply for approval pursuant to this section.

(7)

The provisions of this section, except subsection 21-96(d), shall not apply to the expansion of legally non-conforming and/or legally established alcoholic beverage establishments provided said expansion constitutes ten (10) percent or less of the existing floor or site area.

(8)

The provisions of this section shall apply to any legally non-conforming or legally established alcoholic beverage establishment that seeks to modify or obtain a different license under State law for the service or sale of intoxicating liquor. Such a change shall require approval under the provisions of this section.

(c)

Definitions. The definitions in the state alcoholic beverage code, codified in F.S. ch. 561 are hereby adopted. To the extent of any inconsistencies between the definitions in Chapter 561 and in this ULDC, the definitions in this ULDC shall control.

(d)

Hours for sale or service. Alcoholic beverages may be sold, consumed, served, or permitted to be served in any place holding a license issued by the division of alcoholic beverages and tobacco and provided such a use is a legally permitted use and/or a legally non-conforming use within the appropriate zoning district(s) within the City during the following hours.

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Monday 7:00 a.m. until 2:00 a.m. Tuesday next.

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Tuesday 7:00 a.m. until 2:00 a.m. Wednesday next.

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Wednesday 7:00 a.m. until 2:00 a.m. Thursday next.

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Thursday 7:00 a.m. until 2:00 a.m. Friday next.

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Friday 7:00 a.m. until 2:00 a.m. Saturday next.

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Saturday 7:00 a.m. until 2:00 a.m. Sunday next.

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Sunday 7:00 a.m. until 2:00 a.m. Monday next for the sale of beer and wine for off premises consumption only otherwise Sunday 12:00 noon until 12:00 midnight Sunday for the sale and service of alcoholic beverages including but not limited to liquor, beer and wine on premises.

In the event that New Year's Eve shall fall on Sunday, the hours for sale of alcoholic beverages for on-the-premises consumption as provided above shall be extended until 2:00 a.m. Monday next.

(e)

Required separation from certain uses. This provision shall not in any way affect businesses licensed on the effective date of this ordinance.

(1)

It shall be unlawful for any person to operate any alcoholic beverage establishment, either in person or by agent, within four-hundred (400) feet of any church or school without first having obtained approval via a variance from the Development Special Magistrate in accordance with the procedure outlined in section 21-422 of the ULDC, provided however that, in order to issue such a variance, the Development Special Magistrate must find the existence of all of the facts and conditions identified in subsections 21-422(a), 21-422(c), 21-422(d), 21-422(e), and 21-422(f) of the ULDC, and must find that the variance, if granted, will not cause substantial adverse impact to the certain uses in question and meet any other applicable rules, regulations and requirements pertaining thereto.

(2)

For the purpose of administering the separation distance, the term "school" used herein means any public, private or parochial school, elementary, middle, junior high, or high school which is accredited or registered with the Florida Department of Education.

(3)

This distance shall be measured by following the shortest route of ordinary and legal pedestrian travel along a public thoroughfare, in the case of a church from the main entrance of the alcoholic beverage establishment to the main entrance of the church, and in the case of a school from the main entrance of the alcoholic beverage establishment to the nearest point of the school property.

(f)

Standards for all zoning districts. All alcoholic beverage establishments shall obtain approval from the City in accordance with the following requirements and procedures:

(1)

Small-scale drinking establishment (all distances in this section are measured property line to property line).

i.

Location and approval.

a.

Small-scale drinking establishments located more than one hundred fifty (150) feet from property zoned AG1, RE, R-1, R-2 or RM zoning districts, or within a shopping center, shall be permitted within the C-1, C-3, C-4, I-1 and 1-2 zoning districts.

1.

In addition to the requirements for site plans contained in the ULDC, owners and/or agents of small-scale drinking establishments shall submit a written security plan acceptable to the Chief of Police or his designee.

b.

Small-scale drinking establishments located within one hundred fifty (150) feet of property zoned AG1, RE, R-1, R-2 or RM zoning districts, and not inside a shopping center, shall be reviewed by the planning commission as a special use within the C-1, C-3, C-4, I-1 and 1-2 zoning districts pursuant to sections 21-411 through 21-418 of the ULDC.

c.

In addition to the requirements for a special use contained in the ULDC, the application shall include, at a minimum, the following additional information:

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Name of drinking establishment owner and operator;

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Name of alcoholic beverage license owner;

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Total square footage including patios, courtyards, restrooms, offices, storage and similar areas;

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A written security plan that will be acceptable to the Chief of Police or his designee;

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Identification of any outdoor seating area or space for entertainment;

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Interior floor plan of the proposed building(s), including occupancy loading and use classification, and proposed seating; and

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Other information as determined necessary by the City to evaluate the proposed property usage impacts.

ii.

Minimum design and operation criteria.

a.

Unless otherwise exempt by this code and/or applicable law, a minimum of one (1) off-street parking space per seventy (70) square feet of gross floor area shall be provided either on-site or within three hundred (300) feet as measured by way of ordinary and legal pedestrian travel utilizing sidewalks and marked crosswalks. Parking spaces shall meet the standards contained in Article III of the ULDC.

b.

No outside seating or entertainment areas shall be located within one hundred (100) feet of property zoned AG1, RE, R-1, R-2 or RM zoning districts.

c.

No outside seating or entertainment areas shall be located within fifty (50) feet of property zoned R-3, R-4 or R-5 zoning districts.

d.

Outside seating or entertainment areas located more than fifty (50) feet but less than one hundred (100) feet of property zoned R-3, R-4 or R-5 zoning districts shall be permitted subject to the following:

1.

A buffer consisting of a minimum six-foot fence, or wall, with appropriate landscaping as determined on a case by case basis is provided;

2.

There shall be no amplified outdoor entertainment.

e.

Outside music or entertainment shall be limited to the hours of 12:00 noon until 12:00 a.m.; and shall comply with the City's noise requirements contained in Chapter 12, Article II of this Code of Ordinances.

f.

Televisions may be located in outdoor seating areas provided that they are not oriented toward the public rights-of-way.

1.

Televisions shall not be considered amplified outdoor entertainment and may be located in approved and/or permitted outdoor seating areas pursuant to this ULDC and/or Code provided the sound volume level is plainly audible for the convenient hearing of voluntary listeners on the premises and not unreasonably loud, raucous, jarring, disturbing, or a nuisance.

(2)

Large-scale drinking establishments/nightclubs (all distances in this section are measured property line to property line).

i.

Location and approval.

a.

Large-scale drinking establishments/nightclubs located more than one hundred fifty (150) feet from property zoned AG1, RE, R-1, R-2, or RM zoning districts, or within a shopping center, shall be reviewed by the planning commission as a special use in the C-1, C-3, C-4, I-1 and I-2 zoning districts pursuant to sections 21-411 through 21-418 of the ULDC.

b.

Large-scale drinking establishments/nightclubs shall not be located within one hundred fifty (150) feet of property zoned AG1, RE, R-1, R-2, or RM zoning districts, unless within a shopping center in which case they shall be reviewed by the planning commission as a special use pursuant to sections 21-411 through 21-418 of the ULDC.

c.

In addition to the requirements for a special use contained in the ULDC, the application shall include, at a minimum, the following information:

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Name of drinking establishment owner and operator;

•

Name of alcoholic beverage license owner;

•

Total square footage including patios, courtyards, restrooms, offices, storage and similar areas;

•

Number of employees;

•

A written security plan that will be acceptable to the Chief of Police or his designee;

•

Identification of any outside seating area or space for entertainment;

•

Interior floor plan of the proposed building(s), including occupancy loading and use classification and proposed seating; and

•

Other information as determined necessary by the City to evaluate the proposed property usage impacts.

ii.

Minimum design and operation criteria.

a.

Unless otherwise exempt by this code and/or applicable law, a minimum of one (1) off-street parking space per seventy (70) square feet of gross floor area shall be provided either on-site or within three hundred (300) feet as measured by way of ordinary and legal pedestrian travel utilizing sidewalks and marked crosswalks. Parking spaces shall meet the standards contained in Article III of the ULDC; and

b.

No outside seating or entertainment areas shall be located within one hundred fifty (150) feet of property zoned AG1, RE, R-1, R-2 or RM zoning districts.

c.

No outside seating or entertainment areas shall be located within one hundred (100) feet of property zoned R-3, R-4 or R-5 zoning districts.

d.

Outside seating or entertainment areas located more than one hundred (100) feet but less than one hundred fifty (150) from property zoned R-3, R-4 or R-5 zoning districts shall be permitted subject to the following:

1.

A buffer consisting of a minimum six-foot fence or wall with appropriate landscaping as determined on a case by case basis is provided;

2.

There shall be no amplified outdoor entertainment;

e.

Outside music or entertainment shall be limited to the hours of 12:00 noon until 12:00 a.m.; and shall comply with the City's noise requirements contained in Chapter 12, Article II of the Municipal Code of Ordinances.

f.

Televisions may be located in outdoor seating areas provided that they are not oriented toward the public rights-of-way.

1.

Televisions shall not be considered amplified outdoor entertainment and may be located in approved and/or permitted outdoor seating areas pursuant to this ULDC and/or Code provided the sound volume level is plainly audible for the convenient hearing of voluntary listeners on the premises and not unreasonably loud, raucous, jarring, disturbing, or a nuisance.

(3)

Bottle clubs and banquet halls (all distances in this section are measured property line to property line).

i.

Location and approval.

a.

Bottle clubs and banquet halls located more than one hundred fifty (150) feet from property zoned AG1, RE, R-1, R-2 or RM zoning districts, or within a shopping center, shall be permitted within the C-1, C-3, C-4, I-1 and I-2 zoning districts.

1.

In addition to the requirements for site plans contained in the ULDC, owners and/or agents of bottle clubs and banquet halls shall submit a written security plan acceptable to the Chief of Police or his designee.

b.

Bottle clubs and banquet halls located within one hundred fifty (150) feet of property zoned AG1, RE, R-1, R-2 or RM zoning districts, and not inside a shopping center, shall be reviewed by the planning commission as a special use within the C-1, C-3, C-4, I-1 and I-2 zoning districts pursuant to sections 21-411 through 21-418 of the ULDC.

ii.

Minimum design and operation criteria.

a.

Bottle clubs and banquet halls shall adhere to the minimum design and operation criteria, established herein, for either small scale or large scale drinking establishments/nightclubs, based upon their comparable size and intensity.

(4)

Package store.

i.

Location and approval.

a.

Package stores shall be permitted within the C-3, C-4, I-1 and I-2 zoning districts.

b.

Package stores located within the C-1 and/or C-2 zoning districts shall be reviewed by the planning commission as a special use pursuant to sections 21-411 through 21-418 of the ULDC.

(g)

Security plan. Where required herein, a written security plan approved by the chief of police, or his designee as part of a special use and/or a site plan submission shall be maintained on-site and available to employees at all times. Any approved security plan may only be amended with the written approval of the chief of police, or his designee. A security plan shall include, but is not limited to, the following:

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Name and contact information for the owner and manager/proprietor;

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An emergency evacuation plan consisting of a diagram/layout showing at a minimum building exits, parking areas and property boundaries;

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Total allowed maximum occupancy per the Florida Fire Prevention Code and City of Winter Haven Fire Marshal;

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The contact information for insured/bonded security companies/officers;

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Procedures for inspection of identification so as to not allow underage consumption;

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Exit plan for a gradual staged exit prior to, and at closing time, to establish and maintain order inside and outside the premises;

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When security staff is utilized, the location of security staff inside and outside the establishment;

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Number and locations of security cameras;

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Depiction of signage displaying a patron code of conduct or statement of enforcement of the rules of conduct, including a statement to be respectful of neighbors (especially nearby residential) when they leave the establishment;

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Procedures for the following:

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Rendering aid/calling 911 for injuries or illness;

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Interacting with and/or removing disorderly patrons;

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Response to physical and/or verbal altercations;

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Response to weapons;

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Mitigation of noise off-site;

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Mitigation of loitering in parking areas during or after hours of operations;

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Reporting of drug use;

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Reporting of underage drinking.

(h)

Expiration. The special use approval for any alcoholic beverage establishment shall expire and be null and void if the following conditions are found:

(1)

If a permit for construction or renovation work has not been obtained within one hundred eighty (180) consecutive days from the date of the rendering of an order granting a special use approval; or

(2)

If construction or renovation has commenced and is abandoned for more than one hundred eighty (180) consecutive days; or

(3)

If the use has not commenced within one hundred eighty (180) consecutive days from the date of the rendering of an order granting a special use approval; or

(4)

If the use commenced but has since been abandoned or ceased for one hundred eighty (180) consecutive days.

(i)

Revocation. The planning commission may revoke a special use approval if the alcoholic beverage establishment violates the provisions and conditions of any applicable special use approval; or if it is determined that the owner of the licensed property, or the operator of the establishment, their agents or employees, have been convicted of, or have allowed, or caused or permitted to exist, one (1) or more of the grounds for revocation. However, the existence of one (1) or more of the grounds for revocation does not require revocation.

(1)

Grounds for revocation: The activities described herein must be directly traceable to the particular establishment against whom action is being taken and also must be verified by law enforcement or code enforcement officers, depending on the activity.

i.

The alcoholic beverage establishment receives notice of five (5) or more City of Winter Haven Code Enforcement cases attributed to the establishment in any twelve-month period as result of the violation of any provisions of the City's Code of Ordinances or condition(s) of approval;

ii.

The alcoholic beverage establishment receives notice of five (5) or more reported incidents and/or calls for service to/from law enforcement, attributed to the establishment in a given twelve-month period. Under these circumstances, the City may consider the following factors:

a.

Whether the need for law enforcement involvement was the result of the alcoholic beverage establishments failure or inability to maintain proper order and control;

b.

Complaints verified by law enforcement, arising from adverse effects of the alcoholic beverage establishments operation upon neighboring properties, including excessive noise, parking, vandalism, or loitering by intoxicated persons; and

c.

Failure to establish and implement the approved security plan.

iii.

Failure to comply with any of the provisions of the fire prevention code after having received reasonable notice to eliminate or correct any condition existing on the property upon which an alcoholic beverage establishment is being operated;

iv.

Failure to comply with any of the provisions of the health and sanitation ordinances of the City or laws of the state after having received reasonable notice to eliminate or correct any condition existing on the property upon which an alcoholic beverage establishment is being operated;

v.

Failure to maintain appropriate licensing;

vi.

Conviction for knowingly and willfully giving, selling or permitting to be served alcoholic beverages to persons under, or suspected to be under, twenty-one (21) years of age or permitting a person under twenty-one (21) years of age to consume alcoholic beverages on the premises upon which an alcoholic beverage establishment is being operated; or

vii.

Documented instances of encouraging, promoting or allowing public nudity and exposure of certain specified body parts as defined by chapter 9, section 9-252 of the Winter Haven Code of Ordinances, by employees, independent contractors, or patrons of the alcoholic beverage establishment.

(2)

Any action taken to revoke a special use approval shall be placed on the appropriate planning commission agenda to consider the revocation of a permit.

i.

Such agenda item shall be publically advertised in accordance with requirements established by Article VIII, Division 7, of the ULDC, and written notice of the charges against the alcoholic beverage establishment shall be provided to the legal owner in advance of the hearing.

ii.

After consideration of the matter and allowing the alcoholic beverage establishment representative to be heard, the planning commission may take no action, add conditions, place on probation, suspend, or revoke the special use approval as deemed appropriate.

iii.

The planning commission may require compliance with any reasonable condition(s) determined to be necessary to mitigate or eliminate the adverse effects.

(3)

Any alcoholic beverage establishment that has an approval revoked cannot avoid the consequences of the City's action by changing the name or corporate status. Upon a showing to the planning commission that there has been a legitimate change in ownership at the location affected by the City's action, then the planning commission may consider approval of a new application for a special use permit, as provided under this code, subject to applicable conditions, if any, to prevent a recurrence of the harms that caused the prior action.

i.

Any alcoholic beverage establishment owner who has had their special use approval revoked, shall not be permitted to apply for a new special use approval for one (1) year from the date the previous special use approval was revoked.

(Ord. No. O-17-06 , § 5, 5-22-17; Ord. No. O-18-67 , § 2, 9-25-18)