Item Q5 Q.5
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
January 18, 2023
Agenda Item Number: Q.5
Agenda Item Summary #11590
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
9:00
AGENDA ITEM WORDING: A Public Hearing to Consider an Ordinance Amending Monroe
County Code of Ordinances Chapter 3 ("Alcoholic Beverages") to Create a Definition Section,
Amend Reference(s) to License Classification Types, and Address Potential Outdoor On-Premise
Consumption.
ITEM BACKGROUND:
Monroe County ("Board of County Commissioners", "BOCC", or the "County") has existing
regulations relating to alcoholic beverages, licenses, and permits, which include(s) references to
different classifications as established by the State of Florida ("State"). Over time, the classification
types established by the State through the Florida Division of Alcoholic Beverages and Tobacco
("DABT") have changed, resulting in certain inconsistencies.
The proposed amendment(s) address(es) several issues including but not limited to the following
three. First, the Monroe County Planning and Environmental Resources Department's
("Department") professional staff are relocating existing definitions currently located throughout
Chapter 3 ("Alcoholic Beverages") to reside in a single specific location and defining alcoholic
beverage sales. Second, the proposed amendment(s) remove the reference(s) to specific
classification types and reference the DABT's Licenses and Permits for Alcoholic Beverages for
classification types. Lastly, the professional staff s proposed amendment(s) address common
situations in which the Department and/or the Monroe County Planning Commission places
conditions on alcoholic beverage use permits issued to applicants proposing outdoor on-premises
consumption, with or without music and entertainment.
PROFESSIONAL STAFF'S DRAFT CODE OF ORDINANCES TEXT AMENDMENTS
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Additions are in underlined; deletions are in st+i e f>„-etig>,. Text that has been moved is shown
as deletions double underlined and deletions in .
Chapter 3
ALCOHOLIC BEVERAGES'
Sec. 3-1 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this chapter, except where the context clearly indicates a different meaning_
yeltifne-as det2fmified in u6C-6r-da-nee, ,44 F.S. chi n4n),
arty c-crr deter-mined-riruccvrcccrrr ifieltidifte
def n 'a i F.S. P 561.0444(a4 z „tb. a .,leeb.elie bever-aee. liattid or et er irrereTdien.
Alcoholic beverage means distilled spirits and all beverages containing one-half of 1 percent or
more alcohol by volume as determined in accordance with F.S. § 561.01(4)(a). The percentage of
alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in
the beverage and comparing it with the volume of the remainder of the ingredients as though said
remainder ingredients were distilled water in accordance with F.S. § 561.01(4)(b).
Alcoholic beverwze sales means the retail sale of beer, wine, or other alcoholic beverages for on-
or off-premise consumption.
Beverage law means the provisions of F.S. Chs. 561569.
Commercial establishment barking lot means any-private or public open space appurtenant to a
commercial establishment, that is used by the public for parking of vehicles, or pedestrian access
to a commercial establishment_ including driveways_ parking areas_ sidewalks and walkways
appurtenant thereto.
Public or semipublic area open for vehicular or pedestrian travel means any private or public
road, street, highway, right-of-way, lane, alley, parking lot, or parking area on which the public
is expressly or implicitly invited to travel by motor vehicle or pedestrian means or that is
otherwise open for such travel. It does not include golf courses, private driveways, or property
serving a single dwelling unit.
Shopping center means a contiguous group of individual units, in any combination, devoted to
restaurant uses_ commercial retail low i*t r ikt , .,l retail meth:„ rt :' , ,
eemmer-eial retail hig ;„ ea4t.. uses, and office uses, as those phrases are defined in section
101-1_with immediate off-street parking facilities_ and originally planned and developed as a
single project. The shopping center's single project status shall not be affected by the nature of
State law reference(s)—Alcoholic beverages, F.S. Chs. 561-568; authority of board of county
commissioners to establish and enforce regulations for the sale of alcoholic beverages in the
unincorporated areas of the county pursuant to general law, F.S. § 125.01(1)(o).
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the ownership of any of the individual office or commercial retail units. within the shopping
center.
Vendor means any person or entity who owns or operates a business establishment whether as a
primary or accessory use, including, but not limited to, a bar, restaurant, tavern, pub. yacht or
country club_ hotel, motel or other lodging establishment that sells at retail any alcoholic
beverage for on-premises consumption. The term also includes any person or entity that owns
and operates a liquor store_ or other business establishment_ including_ but not limited to grocery
stores, drugstores, convenience stores and gas stations, that and/or has retail sale of alcoholic
beverages.
Sec. 3-2. Special beverage licenses.
All special beverage licenses issued prior to October 25, 1977, under the provisions of Laws
of Fla. ch. 61-597 in this county shall be henceforth recognized as valid and shall be renewable
as a matter of right so long as the holder of the license does not permit it to lapse.
Sec. 3-43. Hours of sale.
(a) Within the unincorporated limits of the county, no alcoholic beverages may be sold,
consumed, served, or permitted to be served or consumed in any place holding a license
under the Division of Alcoholic Beverages and Tobacco of the Department of Business and
Professional Regulation of the State of Florida between the hours of 4:00 a.m. and 7:00 a.m.
of the same day.
(b) Any person violating this section shall be guilty of a misdemeanor of the second degree,
punishable as provided in F.S. § 775.082 or F.S. § 775.083. In addition, any person or
establishment violating this section shall have revoked any previous rights granted to it by
the county under section 3-6.
State law reference(s) Regulation of the time for sale of alcoholic beverages, F.S. § 562.14.
Sec. 3-34. Authority to approve per event sale of alcoholic beverages.
The county administrator may approve the per event sale of alcoholic beverages for
consumption on county-owned property if the following terms and conditions are met:
(1) The sale of the alcoholic beverages is by, or on behalf of, a nonprofit charitable
organization with the profits from alcoholic beverage sales going to that organization's
charitable purposes; or
(2) The sale and consumption of alcoholic beverages is part of a social event, such as a
wedding or birthday party, the duration of which may not exceed four hours; and
(3) Depending on the size of the expected crowd, the event sponsor must agree to furnish a
sufficient number of off-duty law enforcement personnel for crowd and traffic control,
the number to be determined by the county administrator, and to provide evidence
satisfactory to the county administrator that the law enforcement personnel have in fact
been hired; and
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(4) The sponsor of the event has furnished to the county's risk manager evidence that the
sponsor has obtained event liability insurance, naming the county as an additional co-
insured, in an amount satisfactory to the risk manager.
Sec. 3-45. Consumption of alcoholic beverages; possession of open containers of alcoholic
beverages.
(a) Defin4hqns. The fellewi*g words, terms a-Rd phrases, whe*tised iff�his seetieff, shall hw�,e
Walkways RPP#Ff@14a*f
(ba) Prohibition. It is unlawful for any person to possess or drink from an open container of an
alcoholic beverage while upon a public or semipublic area open for vehicular or pedestrian
travel, or a commercial establishment parking lot; except in those areas in which such
consumption is permitted pursuant to the beverage law, other state statutes, state
administrative rule, or county ordinance or resolution.
(sb) Specific exceptions. The prohibition contained in subsection (ha) of this section does not
apply to:
(1) Any person engaged in picking up empty beverage containers for the purpose of
collecting the deposit or value of the bottle or can itself, or any person taking part in a
litter control campaign;
(2) Passengers in vehicles as set forth in F.S. § 316.1936(5);
(3) Any person engaged in fishing from a bridge, at a location where fishing is not
prohibited by law; and
(4) Social and fundraising events conducted by charitable and/or nonprofit organizations
approved by the county administrator.
(dc) Other exceptions. Nothing in subsection (ba) of this section may be construed to prevent the
possession of an open container by a member of the public upon county property when that
possession is specifically authorized by an applicable provision of this Code.
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Sec. 3-56. Requirement for warning signs at point of sale of alcoholic beverages.
(a) Definitioni. The fellewing words, ter-fns a*d phrases, when tised in t4is seetion, shall hai,e
tit
(ba) Warning sign.
(1) All vendors of alcoholic beverages shall have posted in a conspicuous place in their
premises a sign that is clearly visible and legible to all patrons entering the premises
that shall read as follows:
HEALTH WARNING
Drinking distilled spirits, beer(including non-alcoholic), coolers, wine and other alcoholic
beverages during pregnancy may increase the risk of permanent birth defects.
(2) Alternatively, a sign provided by the Florida Keys Healthy Start Coalition may be
used.
(3) The sign in subsection (b)(1) of this section shall be a minimum size of 81/z inches by
11 inches.
(eb) Applicability. This section shall be applicable countywide. Notwithstanding this provision,
all incorporated municipalities within the county may by resolution or ordinance of their
governing body exempt vendors of alcoholic beverages within their municipal limits from
the provisions of this section.
Sec. 3-67. Regulation and control over sale.
(a) Establishment of use permit procedure. This section is designed and intended to provide for
reasonable regulation and control over the sale of alcoholic beverages within the
unincorporated areas of the county by establishing an alcoholic beverage use permit
procedure and providing criteria to be used to ensure that all future proliferation of alcoholic
beverage use enterprises within the unincorporated areas of the county be compatible with
adjoining and surrounding land uses and the county's comprehensive plan, and that
alcoholic beverage use permits not be granted where such uses will have an adverse impact
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upon the health, safety and welfare of the citizens and residents of the county. All persons,
firms,partnerships or corporations who have received approval from the zoning board or
board of county commissioners under the former provisions of section 19-218 of the
Monroe County Code, as same heretofore existed, shall retain all rights and privileges
heretofore granted under such section.
(b) New applicants for permit. All persons desiring to sell alcoholic beverages upon any
premises located within the unincorporated areas of the county and who desire to do so
upon a premises not heretofore approved by the zoning board or board of county
commissioners under the former section 19-218, shall obtain an alcoholic beverage use
permit using the procedure outlined in subsection (d) of this section.
(c) Classifications. -aAlcoholic beverage license classifications fas
herefefere ard hereafter are adopted by the sState of Florida_ tise
The Florida
Division of Alcoholic Beverages and Tobacco Licenses and Permits for Alcoholic
Beverages, available through the Florida Department of Business and Professional
Regulation, identifies and establishes alcoholic beverage license classifications. Alcoholic
beverage use permits issued by the County under this section shall be for a specific
classification consistent with those identified by the State.
;
;
(4) 2 R Beer- a*d wi x .ses a*d p ekage;
(5) 6`RBee� :ter, en pr-emises d puekeg
(ti�)6GOP SRX: Res aekage sales;
(7) 6GOP SR: Rest-atir-ant, paekage-sale;
4�)6GOP S Metel, paekage-sales;
sales;
sales;
;
(13) 12RT-: Raeet+aek ier ne paekage-saw
(d) Procedure. The following procedure shall be followed on any application for an alcoholic
beverage use permit hereafter made:
(1) Applications for alcoholic beverage use permits shall be submitted to the director of
planning or his or her designeeplanning in writing on forms provided by the planningin writing on forms provided by the planning director.
Such applications must be signed by the owner of the real property for which the
permit is requested. Lessees of the premises may apply for such permits,provided that
proper authorization from the owner of the premises is given and the application for
permit is cosigned by such owner.
(2) Upon receipt of a properly completed and executed application for an alcoholic
beverage use permit stating the exact classification requested along with the necessary
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fee and identifyingthe he specific premises to be licensed, the director of planning or his
or her designee shall schedule a public hearing before the planning commission and
shall advise the applicant of the date and place of the public hearing.
(3) Notice of the application and of the public hearing thereon shall be mailed by the
director of planning or his or her designee to all owners of real property within a radius
of 500 feet of the affected premises. In the case of a shopping center, the 500 feet shall
be measured from the perimeter of the entire shopping center itself rather than from the
individual unit for which approval is sought.
wtail , Notice shall also be provided in a
newspaper of general circulation in the manner prescribed in section 110-5.
(4) At the hearing before the planning commission, all persons wishing to speak for or
against the application shall be heard. Recommendations or other input from the
director of planning or his or her designee may also be heard prior to any decision by
the planning commission.
(e) Criteria. The planning commission shall give due consideration to the following factors as
they may apply to the particular application prior to rendering its decision to grant or deny
the requested permit:
(1) The effect of such use upon surrounding properties and the immediate neighborhood as
represented by property owners within 500 feet of the premises. For the purposes of
determining property owners within 500 feet for this subsection, the term "premises"
means the entire project site of a shopping center;
(2) The suitability of the premises in regard to its location, site characteristics and intended
purpose. Lighting on the permitted premises shall be shuttered and shielded from
surrounding properties, and construction of such permitted properties shall be
soundproofed. In the event music and entertainment are permitted, the premises shall
be air conditioned, so as to allow windows and doors to remain closed to better shield
light and sound from surrounding properties; if the alcoholic beverage use permit is
proposed to allow on-premise consumption in outdoor areas, with our without music
and entertainment, the proximity to existing residential uses shall be considered and
conditions may be applied accordingly;
(3) Access, traffic generation, road capacities, and parking requirements;
(4) Demands upon utilities, community facilities and public services; and
(5) Compliance with the county's restrictions or requirements and any valid regulations.
(f) Approval by planning commission. The planning commission may grant approval based on
reasonable conditions considering the criteria outlined herein. Approval of an alcoholic
beverage special use permit shall not in any way exempt a property from any other
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requirement of the Monroe County Code of Ordinances, including but not limited to
Chapter 17, Article IV. -Noise.
(g) Where permitted. Alcoholic beverage use permits may be granted in the following land use
districts: urban commercial; suburban commercial; Commercial 1, Commercial 2; suburban
residential where the site abuts U.S. 1; destination resort; mixed use; industrial,and
maritime industries. Notwithstanding the foregoing, alcoholic beverage sales may be
permitted at restaurants, hotels, marinas and campgrounds regardless of the land use district
in which they are located. Nothing contained herein shall exempt an applicant from
obtaining a major or minor conditional use approval when such is otherwise required by the
county development regulations in part II of this Code. Nothing contained herein shall
exempt an applicant from complying with any conditions set forth within prior conditional
use or building permits) on the subject propeM.
(h) Transferability. Alcoholic beverage use permits issued by virtue of this section shall be
deemed to be a privilege running with the land. The sale of the real property that has been
granted an alcoholic beverage use permit shall automatically vest the purchaser thereof with
all rights and obligations originally granted or imposed to or on the applicant. Such
privilege may not be separated from the fee simple interest in the realty.
(i) Appeals. All persons aggrieved by the actions of the planning commission in granting or
denying requested alcoholic beverage permits may request an appeal hearing before a
hearing officer under Land Development Code chapter 102, article VI, division 2 by filing
the notice required by that article within 30 days after the date of the written decision of the
planning commission.
(j) Successive applications. Whenever any application for alcoholic beverage approval is
denied for failure to meet the substantive requirements of these regulations, an application
for alcoholic beverage approval for all or a portion of the same property shall not be
considered for a period of two years unless a super-majority of the planning commission
decides that the original decision was based on a material mistake of fact or that there exists
changed conditions and new facts, not existing at the time of the original decision, that
would justify entertaining a new application before the expiration of the two year period.
However, in the case of a shopping center, as def4ned in 4 seetio (d`«` ofthi:
this subsection shall only apply to the commercial retail unit within the shopping center for
which approval was sought and not the entire shopping center site itself.
ANALYSIS OF PROPOSED AMENDMENT
Definitions, Sec 3-1
The definitions are proposed to be reorganized so that all definitions are listed in the first section
rather than being scattered throughout the chapter. Definitions for licensed premises and licensee
are added, based on the state's corresponding definition. The definition for alcohol beverage sales is
added based on the corresponding definition in the planner dictionary. The definition of alcohol
vendor is simplified.
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Regulation and Control Over Sale, Sec 3-6
The Department's professional staff has proposed changing the classifications section to reference
rather than list the state licenses so that the County's Code of Ordinances will no longer need to be
updated each time the state's license categories update.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC last updated Code of Ordinances Chapter 3 in 2007. BOCC Ordinance No. 006-2007
required warning signs at the point of sale.
On December 7, 2022, the BOCC approved a request to advertise the proposed Ordinance amending
the alcohol beverage regulations.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval with the edits recommended by the Planning and
Environmental Resources Department's professional staff.
DOCUMENTATION:
2022-038 Ordinance
FINANCIAL IMPACT:
Effective Date: n/a
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: No If yes, amount: n/a
Grant: n/a
County Match: n/a
Insurance Required: N/A
Additional Details:
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REVIEWED BY:
Emily Schemper Completed 12/29/2022 3:06 PM
Peter Morris Completed 01/03/2023 9:53 AM
Purchasing Completed 01/03/2023 10:08 AM
Budget and Finance Completed 01/03/2023 10:21 AM
Brian Bradley Completed 01/03/2023 10:35 AM
Lindsey Ballard Completed 01/03/2023 10:51 AM
Board of County Commissioners Pending 01/18/2023 9:00 AM
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2023
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AMENDMENT OF M
MONROE COUNTY CODE OF ORDINANCES CHAPTER 3 .2
("ALCOHOLIC BEVERAGES") TO REVISE THE 0
REGULATIONS OF ALCOHOL SALES AND CONSUMPTION,
INCLUDING UPDATING THE LICENSE CATEGORIES FROM ;
FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND
TOBACCO; PROVIDING FOR SEVERABILITY AND REPEAL
OF INCONSISTENT PROVISIONS; PROVIDING EFFECTIVE
DATE; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES.
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WHEREAS,the purpose of this ordinance is in the interest of the health, safety,peace and 0
general welfare of the residents of the County, and under the authority of the County to regulate
the sale and consumption of alcoholic beverages within the limits of unincorporated Monroe
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County; and
WHEREAS, the intent of the Monroe County Board of County Commissioners is to 00
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establish reasonable and uniform regulations with regards to location and hours of operation that
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will protect the health, safety,property values, and general welfare of the people, businesses, and N
industries of unincorporated Monroe County; and N
WHEREAS, this ordinance was written in accordance with Florida State Statutes E
Chapter's 561, 562, 563, 564, 565, 567 and 568; and collectively referred to as "Florida Beverage
Law"; and <
WHEREAS, at a regularly scheduled meeting on the 181h day of January, 2023,the BOCC
held a public hearing to consider adoption of the proposed text amendment;
WHEREAS,based upon the information and documentation submitted,the BOCC makes
the following findings of fact and conclusions of law:
1. The proposed amendment is consistent with Florida Beverage Law; and
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2. The proposed amendment provides consistency with the types of licenses authorized
by the State of Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals and
determinations are true and correct and are hereby incorporated as if fully stated
herein.
Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows
(deletions are shown st,-ieke„ th-,,,,n>,; additions are shown underlined):
02
0
2
Additions are in underlined; deletions are in st ike t>„-etig>,. Text that has been moved is shown
as deletions double underlined and deletions in U
Chapter 3
ALCOHOLIC BEVERAGES'
Sec. 3-1 Definitions. 00
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The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this chapter, except where the context clearly indicates a different meaning_ N
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i,,,, t>, F.S. 56 044),
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accrTceccc-oc-vcTrc�racc craec-caccccvaccmro-i c-percvnc-vx <J
80448. 1iEl z ,,.a beer- . a ,v,l,in do of.,1...hel ,-;tom liat e zine and bee
Alcoholic heverwze means distilled spirits and all beverages containing one-half of 1 percent or
more alcohol by volume as determined in accordance with F.S. § 561.01(4)(a). The percentage of
State law reference(s)—Alcoholic beverages, F.S. Chs. 561-568; authority of board of county
commissioners to establish and enforce regulations for the sale of alcoholic beverages in the
unincorporated areas of the county pursuant to general law, F.S. § 125.01(1)(o).
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alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in
the beverage and comparing it with the volume of the remainder of the ingredients as though said
remainder ingredients were distilled water in accordance with F.S. § 561.01(4)(b).
Alcoholic beverage sales means the retail sale of beer, wine, or other alcoholic beverages for on-
or off-premise consumption.
Beverage law means the provisions of F.S. Chs. 561569.
Commercial establishment barking lot means any private or public open space appurtenant to a
commercial establishment, that is used by the public for parking of vehicles, or pedestrian access
to a commercial establishment_ including driveways_ parking areas_ sidewalks and walkways
appurtenant thereto. as
Public or semipublic area open for vehicular or pedestrian travel means any private or public
road_ street_ highway_ right-of-way-lane, alley_ parking lot_ or parking area on which the public 0
is expressly or implicitly invited to travel by motor vehicle or pedestrian means or that is 0
otherwise open for such travel. It does not include golf courses_ private driveways_ or property .2
serving a single dwelling unit.
Shobbing center means a contiguous group of individual units_ in any combination_ devoted to
restaurant uses, commercial retail low into city e e al retail ,nedi,,,,
eemmer-eial retail hig ftie 4ty uses, and office uses, as those phrases are defined in section
101-1_ with immediate off-street parking facilities_ and originally planned and developed as a CU
single project. The shopping center's single project status shall not be affected by the nature of
the ownership of any of the individual office or commercial retail units_ within the shopping CU
center.
Vendor means any person or entity who owns or operates a business establishment whether as a
primary or accessory use, including, but not limited to, a bar, restaurant, tavern, pub. yacht or
country club_ hotel, motel or other lodging establishment that sells at retail any alcoholic CU
beverage for on-premises consumption. The term also includes any person or entity that owns 'a
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and operates a liquor store_ or other business establishment_ including_ but not limited to grocery CO
stores. drugstores, convenience stores and gas stations, that and/or has retail sale of alcoholic 9
beverages. CCN
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Sec. 3-2. Special beverage licenses.
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All special beverage licenses issued prior to October 25. 1977. under the provisions of Laws
of Fla. ch. 61-597 in this county shall be henceforth recognized as valid and shall be renewable
as a matter of right so long as the holder of the license does not permit it to lapse. <
Sec. 3-43. Hours of sale.
(a) Within the unincorporated limits of the county, no alcoholic beverages may be sold,
consumed, served, or permitted to be served or consumed in any place holding a license
under the Division of Alcoholic Beverages and Tobacco of the Department of Business and
Professional Regulation of the State of Florida between the hours of 4:00 a.m. and 7:00 a.m.
of the same day.
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(b) Any person violating this section shall be guilty of a misdemeanor of the second degree,
punishable as provided in F.S. § 775.082 or F.S. § 775.083. In addition, any person or
establishment violating this section shall have revoked any previous rights granted to it by
the county under section 3-6.
State law reference(s) Regulation of the time for sale of alcoholic beverages, F.S. § 562.14.
Sec. 3-34. Authority to approve per event sale of alcoholic beverages.
The county administrator may approve the per event sale of alcoholic beverages for
consumption on county-owned property if the following terms and conditions are met:
a�
(1) The sale of the alcoholic beverages is by, or on behalf of, a nonprofit charitable
organization with the profits from alcoholic beverage sales going to that organization's
charitable purposes; or
2
(2) The sale and consumption of alcoholic beverages is part of a social event, such as a 0
wedding or birthday party, the duration of which may not exceed four hours; and 0
(3) Depending on the size of the expected crowd, the event sponsor must agree to furnish a <
sufficient number of off-duty law enforcement personnel for crowd and traffic control,
the number to be determined by the county administrator, and to provide evidence U
satisfactory to the county administrator that the law enforcement personnel have in fact
been hired; and
(4) The sponsor of the event has furnished to the county's risk manager evidence that the
sponsor has obtained event liability insurance, naming the county as an additional co-
insured, in an amount satisfactory to the risk manager.
Sec. 3-45. Consumption of alcoholic beverages; possession of open containers of alcoholic 0
beverages.
(a) Definitioni. The fellewing words, ter-fns a*d phrases, when tised in t4is seetiell, shall hai,e
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{ba) Prohibition. It is unlawful for any person to possess or drink from an open container of an
alcoholic beverage while upon a public or semipublic area open for vehicular or pedestrian
travel, or a commercial establishment parking lot; except in those areas in which such
consumption is permitted pursuant to the beverage law, other state statutes, state
administrative rule, or county ordinance or resolution.
(sb) Specific exceptions. The prohibition contained in subsection (ha) of this section does not
apply to:
(1) Any person engaged in picking up empty beverage containers for the purpose of
collecting the deposit or value of the bottle or can itself, or any person taking part in a
litter control campaign;
(2) Passengers in vehicles as set forth in F.S. § 316.1936(5);
a�
(3) Any person engaged in fishing from a bridge, at a location where fishing is not
prohibited by law; and 0
(4) Social and fundraising events conducted by charitable and/or nonprofit organizations 0
approved by the county administrator. <
cli
(dc) Other exceptions. Nothing in subsection (ba) of this section may be construed to prevent the d
possession of an open container by a member of the public upon county property when that
possession is specifically authorized by an applicable provision of this Code.
Sec. 3-56. Requirement for warning signs at point of sale of alcoholic beverages.
(a) Defin4hqns. The fellewi*g words, terms a-Rd phrases, whe*tised i*�his seetie*, shall hw�,e
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(ba) Warning sign.
(1) All vendors of alcoholic beverages shall have posted in a conspicuous place in their
premises a sign that is clearly visible and legible to all patrons entering the premises
that shall read as follows:
HEALTH WARNING
Drinking distilled spirits, beer(including non-alcoholic), coolers, wine and other alcoholic
beverages during pregnancy may increase the risk of permanent birth defects.
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(2) Alternatively, a sign provided by the Florida Keys Healthy Start Coalition may be
used.
(3) The sign in subsection (b)(1) of this section shall be a minimum size of 81/z inches by
11 inches.
(sb) Applicability. This section shall be applicable countywide. Notwithstanding this provision,
all incorporated municipalities within the county may by resolution or ordinance of their
governing body exempt vendors of alcoholic beverages within their municipal limits from
the provisions of this section.
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Sec. 3-67. Regulation and control over sale.
(a) Establishment of use permit procedure. This section is designed and intended to provide for
reasonable regulation and control over the sale of alcoholic beverages within the
unincorporated areas of the county by establishing an alcoholic beverage use permit
procedure and providing criteria to be used to ensure that all future proliferation of alcoholic
beverage use enterprises within the unincorporated areas of the county be compatible with
adjoining and surrounding land uses and the county's comprehensive plan, and that
alcoholic beverage use permits not be granted where such uses will have an adverse impact
upon the health, safety and welfare of the citizens and residents of the county. All persons,
firms,partnerships or corporations who have received approval from the zoning board or
board of county commissioners under the former provisions of section 19-218 of the
Monroe County Code, as same heretofore existed, shall retain all rights and privileges
heretofore granted under such section. c�
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(b) New applicants for permit. All persons desiring to sell alcoholic beverages upon any a
premises located within the unincorporated areas of the county and who desire to do so
upon a premises not heretofore approved by the zoning board or board of county
commissioners under the former section 19-218, shall obtain an alcoholic beverage use
permit using the procedure outlined in subsection (d) of this section.
(c) Classifications. G,,t+esr,,,,ding t t4ese a s heretofore ,*,a hereafter-adopted by toe st e 4
el ssi f4e,a as folio The types of specific classifications of alcoholic beverage use permits CU
issued by the County under this section shall match the alcoholic beverage license
classification types issued by the Florida Division of Alcoholic Beverages and Tobacco CU
Licenses and Permits for Alcoholic Beverages, through the Florida Department of Business
and Professional Regulation. 0
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(,0) 6GOP SPX: Beat, ne r ekage-sz
(12) 3N4: Additional lreense for-6GOP ever-t4ro
sales.
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Q.5.a
(d) Procedure. The following procedure shall be followed on any application for an alcoholic
beverage use permit hereafter made:
(1) Applications for alcoholic beverage use permits shall be submitted to the director of
planning or his or her designee in writing on forms provided by the planning_director.
Such applications must be signed by the owner of the real property for which the
permit is requested. Lessees of the premises may apply for such permits,provided that
proper authorization from the owner of the premises is given and the application for
permit is cosigned by such owner.
(2) Upon receipt of a properly completed and executed application for an alcoholic
beverage use permit stating the exact classification requested along with the necessary
fee and identifying the he specific premises to be licensed, the director of planning or his
or her designee shall schedule a public hearing before the planning commission and
shall advise the applicant of the date and place of the public hearing.
(3) Notice of the application and of the public hearing thereon shall be mailed by the a
director of planning or his or her designee _to all owners of real property within a radius all owners of real property within a radius 0
of 500 feet of the affected premises. In the case of a shopping center, the 500 feet shall <
be measured from the perimeter of the entire shopping center itself rather than from the
individual unit for which approval is sought.
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Notice shall also be provided in a 0
newspaper of general circulation in the manner prescribed in section 110-5.
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(4) At the hearing before the planning commission, all persons wishing to speak for or
against the application shall be heard. Recommendations or other input from the
director of planning or his or her designee _may also be heard prior to any decision by 0
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the planning commission.
(e) Criteria. The planning commission shall give due consideration to the following factors as
they may apply to the particular application prior to rendering its decision to grant or deny
the requested permit:
(1) The effect of such use upon surrounding properties and the immediate neighborhood as
represented by property owners within 500 feet of the premises. For the purposes of
determining property owners within 500 feet for this subsection, the term "premises"
means the entire project site of a shopping center;
(2) The suitability of the premises in regard to its location, site characteristics and intended
purpose. Lighting on the permitted premises shall be shuttered and shielded from
surrounding properties, and construction of such permitted properties shall be
soundproofed. In the event music and entertainment are permitted, the premises shall
be air conditioned, so as to allow windows and doors to remain closed to better shield
light and sound from surrounding properties; if the alcoholic beverage use permit permit is
Packet Pg. 3231
Q.5.a
proposed to allow on-premise consumption in outdoor areas, with our without music
and entertainment, the proximity to existing residential uses shall be considered and
conditions may be applied accordingly;
(3) Access, traffic generation, road capacities, and parking requirements;
(4) Demands upon utilities, community facilities and public services; and
(5) Compliance with the county's restrictions or requirements and any valid regulations.
(f) Approval by planning commission. The planning commission may grant approval based on
reasonable conditions considering the criteria outlined herein. Approval of an alcoholic
beverage special use permit shall not in any way exempt a property from any other
requirement of the Monroe County Code of Ordinances, including but not limited to
Chapter 17, Article IV. -Noise. >
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(g) Where permitted. Alcoholic beverage use permits may be granted in the following land use 2
districts: urban commercial; suburban commercial; Commercial 1, Commercial 2; suburban 0
residential where the site abuts U.S. 1; destination resort; mixed use; industrial,and 0
maritime industries. Notwithstanding the foregoing, alcoholic beverage sales may be <
permitted at restaurants, hotels, marinas and campgrounds regardless of the land use district
in which they are located. Nothing contained herein shall exempt an applicant from U
obtaining a major or minor conditional use approval when such is otherwise required by the
county development regulations in part 11 of this Code. Nothing contained herein shall
exempt an aplicant from complying with any conditions set forth within prior conditional
use or building permit(s) on the subject property-
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(h) Transferability. Alcoholic beverage use permits issued by virtue of this section shall be
deemed to be a privilege running with the land. The sale of the real property that has been
granted an alcoholic beverage use permit shall automatically vest the purchaser thereof with 0
all rights and obligations originally granted or imposed to or on the applicant. Such
privilege may not be separated from the fee simple interest in the realty.
(i) Appeals. All persons aggrieved by the actions of the planning commission in granting or
denying requested alcoholic beverage permits may request an appeal hearing before a 0
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hearing officer under Land Development Code chapter 102, article VI, division 2 by filing 9
the notice required by that article within 30 days after the date of the written decision of the N
planning commission. N
(j) Successive applications. Whenever any application for alcoholic beverage approval is
denied for failure to meet the substantive requirements of these regulations, an application E
for alcoholic beverage approval for all or a portion of the same property shall not be
considered for a period of two years unless a super-majority of the planning commission
decides that the original decision was based on a material mistake of fact or that there exists
changed conditions and new facts, not existing at the time of the original decision, that
would justify entertaining a new application before the expiration of the two year period.
However, in the case of a shopping center,
this subsection shall only apply to the commercial retail unit within the shopping center for
which approval was sought and not the entire shopping center site itself.
Packet Pg. 3232
Q.5.a
Section 3. Construction and Interpretation. The construction and interpretation of this
ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building Code,
Florida Statutes, and Monroe County Code provision(s)whose interpretation arises out of,
relates to, or is interpreted in connection with this ordinance shall be liberally construed and
enforced in favor of Monroe County, and shall be construed in favor of the BOCC and such
construction and interpretation shall be entitled to great weight in adversarial administrative
proceedings, at trial, bankruptcy, and on appeal.
Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed
to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
governmental, and any other similar defense, immunity, exemption, or protection against
any suit, cause-of-action, demand, or liability.
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Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is 0
held to be invalid or unenforceable by any administrative hearing officer or court of
competent jurisdiction, the invalidity or unenforceability of such provision, or any part or cli
portion thereof, shall neither limit nor impair the operation, enforceability, or validity of any d
other provision of this ordinance, or any remaining part(s) or portion(s)thereof. All other
provisions of this ordinance, and remaining part(s) or portion(s)thereof, shall continue
unimpaired in full force and effect.
Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not
repeal the repealing clause of such ordinance or revive any ordinance which has been
repealed thereby. 0
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Section 7. Filin2 and Effective Date. This ordinance shall take effect immediately upon
receipt of official notice from the Office of the Secretary of State of the State of Florida that
this ordinance has been filed with said Office. 0
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Section 8. Inclusion in the Monroe County Code. The provisions of this Ordinance shall N
be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, Q
as an addition to amendment thereto, and shall be appropriately renumbered to conform to 4i
the uniform marking system of the Code.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the day of January, 2023.
Mayor Craig Cates
Mayor Pro Tern Holly Merrill Raschein
Commissioner Michelle Lincoln
Commissioner James Scholl
Commissioner David Rice
Packet Pg. 3233
Q.5.a
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Craig Cates
P T ORNEY
P ,TO FORM
(SEAL)
ATTEST: KEVIN MADOK, CLERK _.._. "mm . _. _........ _ a
PE-11"'EP MORRIS
ASSISTANT UN TT RNE y
Dater
As Deputy Clerk 0
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