§ 6-4. Hours of sale.

(a)

No alcoholic beverages shall be sold, consumed or served or permitted to be served or consumed in any place holding a state license between the hours of 2:00 a.m. and 7:00 a.m. of the same morning, except as provided in this section.

(b)

Within the meaning of this section, a sale shall be regarded as being made if the alcoholic beverage is delivered to any person during prohibited hours, regardless of whether payment therefor is made at some other time. If any such licensed vendor is a corporation, the officers of such corporation shall be regarded as the owner thereof for purposes of enforcement of this section. All vendors holding state licenses to operate places of business shall not keep such places of business open for business during prohibited hours. If any door of such place of business is opened during prohibited hours except to admit the owner or one of his regular employees or if any person other than the owner or one of his regular employees enters into such place of business during prohibited hours, it shall be prima facie evidence that such place is open for business. Any place of business holding a state license shall, at the hour of 2:00 a.m., cause all outside lights on the premises occupied by it to be extinguished and shall cause all entrances and exits to such establishment to be locked, and the entrances and exits shall not be opened during the prohibited hours, except to admit the proprietor of such place of business and his employees to enter and to permit the egress of the proprietor, employees and customers of such place of business from the premises. Customers within the place of business at the hour of 2:00 a.m. who have prior thereto purchased any single drink of alcoholic beverage and have not completed the consumption thereof shall be permitted to complete the consumption of such alcoholic beverage and shall be required by the proprietor or his employees to leave the place of business as soon as may be reasonably possible. Nothing contained in this chapter shall be construed so as to permit any place of business to sell or serve or permit alcoholic beverages to be sold or served during prohibited hours.

(c)

However, licensees for the sale of alcoholic beverages in the city shall, on that date known as New Year's Eve (December 31), be permitted to remain open for such sales for one hour after the regular closing time established by this section.

(d)

Restaurants shall be permitted to serve alcoholic beverages between the hours of 11:00 a.m. and 2:00 a.m.

(e)

Upon application for a city occupational license, the licensee must sign an affidavit attesting that the sale of food and nonalcoholic beverages consumed on the licensed premises will exceed 51 percent of the gross revenue of the business. To keep or renew this designation and occupational license, the licensee must file an affidavit verifying that the sale of food and nonalcoholic beverages consumed on the premises for the preceding 12 months exceeded 51 percent of the gross revenue of the business.

The city shall have access and the right to examine all records and source documents used to determine compliance with this rule. Licensees must give the city the means, facilities, and opportunity to verify the accuracy of these records. If a business holding a license to sell alcohol with the State of Florida sells less than 51 percent food for consumption of food on the premises compared with sales of alcohol in any year or in any two months preceding any audit, the business is ineligible to be deemed a restaurant pursuant to this section and may not be deemed a restaurant pursuant to this section until the business meets the definition of a restaurant in this section for 12 consecutive months after examination of the records by the city.

All audits provided by the licensee must conform to the requirements of the State of Florida, Department of Business and Professional Regulation.

(Code 1988, § 4-4; Ord. No. 05-28, § 3, 7-14-05; Ord. No. 08-54, § I, 11-13-08)