boynton03 Chapter 3
ALCOHOLIC BEVERAGES*
*Cross references-License tax for nightclubs, § 13-22(211); authority to close beverage establishments in civil emergency, § 15-45(b); consuming alcoholic beverages at beaches, parks,
§ 16-38.
State law reference-State beverage law, F.S. Chs. 561—565.
Sec. 3-1. Definitions.
For the purpose of this chapter:
Alcoholic beverages means all beverages containing more than one (1) per cent of alcohol by weight.
State law reference-Similar provisions, F.S. § 561.01(4).
Beer means all brewed beverages containing malt.
State law reference-Similar provisions, F.S. § 563.01.
Beverage law means Florida Statutes, Chapters 561, 562, 563, 564, 565, 567, 568.
Commercial establishment parking lot means any private or public area appurtenant to commercial establishments used by the public for parking for, and pedestrian access to, commercial
establishments, including drives, parking areas, and sidewalks and walkways appurtenant thereto.
Container means any can, bottle, carton, or other vessel of alcoholic beverage.
Liquor includes “distilled spirits” and shall include all spirituous beverages created by distillation, and by mixture of distilled beverages by what is commonly termed “blending.”
State law reference-Similar provisions, F.S. § 565.01.
Motor vehicle means any vehicle which is not powered by muscular power.
Person means any natural person, corporation, partnership, association, or entity.
Public or semi-public area open for vehicular travel means all public and private roads, streets, highways, lanes, alleys, parking lots, and parking areas on which the public is expressly
or implicitly invited to travel by motor vehicle or which is otherwise open for vehicular travel. It shall not include areas (1) such as golf courses, go-cart tracks, moto-cross tracks,
and similar areas; and (2) private driveways or property serving a single dwelling unit.
Wine means all beverages made from fresh fruits, berries or grapes, either by natural fermentation or by fermentation with brandy added, in the manner required by the laws and regulations
of the United States, and includes all sparkling wines, champagnes, combination of the aforesaid beverages, vermouths, and like products. Sugar, flavors, and coloring materials may be
added to wine to make it conform to the consumer's taste, except that the ultimate flavor or the color of the product may not be altered to imitate a beverage other than wine or to change
the character of the wine.
State law reference-Similar provisions, F.S. § 564.01.
Vendor means all persons who sell beverages herein referred to at retail. (Code 1958, § 3-1; Ord. No. 86-9, § 1, 5-20-86)
Secs. 3-2, 3-3. Reserved.
Editor's note-Ord. No. 85-45, Attach. (b), adopted Aug. 20, 1985, repealed §§ 3-2, 3-3. Prior to repeal, § 3-2 prohibited sale of alcoholic beverages to minors, drunkards and incompetents
and was derived from the 1958 Code, § 3-2; § 3-3 prohibited the solicitation or allowing solicitation of drinks, as derived from the 1958 Code, § 17-42.
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Sec. 3-4. Hours of sale.
It shall be unlawful to sell, deliver or consume or permit the sale, delivery, service or consumption on the premises where such licensed business is conducted, of:
(a) Alcoholic beverages of more than one per cent (1%) of alcohol by weight between the hours of 2:00 a.m. and 12:00 noon Sunday; it being the intent of this provision that the sale,
service and consumption of alcoholic beverages shall be permitted between 12:00 noon Sunday and 2:00 a.m. the succeeding Monday.
(b) Alcoholic beverages of more than one per cent (1%) of alcohol by weight between the hours of 2:00 a.m. and 8:00 a.m. on all days except Sunday; it being the intent of this provision
that the sale, service and consumption of alcoholic beverages shall be permitted between the hours of 8:00 a.m. and 2:00 a.m. on the following day except as modified hereinabove with
reference to Sunday.
(c) The above time limitations prohibiting sale, delivery or consumption of alcoholic beverages of more than one per cent alcohol by weight, between the hours of 2:00 a.m. and 8:00 a.m.
on all days except Sunday shall not be applicable on January first of each year.
(d) Alcoholic beverages of more than one per cent of alcohol by weight in sealed containers for consumption off the premises between the hours of 2:00 a.m. and 8:00 a.m. on all weekdays
and Saturdays, and on Sundays between the hours of 2:00 a.m. and 12:00 noon. (Code 1958, § 3-3; Ord. No. 80-22, § 1, 6-3-80; Ord. No, 82-2, § 1, 1-19-82; Ord. No. 84-17, § 1, 3-20-84)
State law reference-Authority to regulate hours, F.S. § 562.45(2).
Sec. 3-5. Possession or consumption
prohibited.
(a) The following unlawful acts are prohibited:
(1) It shall be unlawful for any person to drink or consume any alcoholic beverage in or within five hund
red (500) feet of a commercial establishment parking lot in the City of Boynton Beach, except in those are
as in which consumption is permitted pursuant to the beverage law; special or general act of the state leg
islature; the Florida Administrative Code; or city ordinance, resolution or administrative approval. Nothi
ng herein shall prohibit consumption on private property within five hundred (500) feet of a commercial es
tablishment parking lot; provided that the owner or person in control of said private property has explici
tly consented to such consumption.
(2) It shall be unlawful for any person to possess any alcoholic bevera
ge in or within five hundred (500) feet of a commercial establishment parking lot in the City of Boynton B
each except in those areas in which such possession is permitted pursuant to beverage law; special or gene
ral act of the state legislature; the Florida Administrative Code; or city ordinance, resolution or admini
strative approval unless such alcoholic beverage is in the original container with the seal unbroken.
(3)
It shall be unlawful for any person to possess any container of alcoholic beverage, except an original con
tainer with the seal unbroken, or to consume any alcoholic beverage in or on a motor vehicle being operate
d on a public or semi-public area open for vehicular travel.
(4) It shall be unlawful for any person to co
nsume or possess any alcoholic beverage upon the public streets or alleys of the city, or outside of any b
uilding in a nonresidential zone of the city, unless there are seating arrangements for patrons at
Alcoholic Beverages 3
permanent tables provided by an establishment licensed to sell alcoholic beverages. Provided, however, that the city manager may grant a permit for a special event (such as a building
dedication, nonprofit activity, or the like) in a defined location for a period not to exceed twelve (12) hours permitting the serving and consumption of alcoholic beverages on private,
nonresidentially zoned property. To receive such a permit, an applicant must make application at least seven (7) days prior to the event. Any permit granted hereunder may be conditioned
upon the applicant complying with such terms and requirements as are necessary to protect the public health, safety and welfare.
(b) This section shall 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, nor to any person taking part in a litter
control campaign.
(2) The possession of any open container by any licensed distributor or licensed vendor of alcoholic beverages provided that such alcoholic beverage is being transported solely for commercial
purposes.
(3) The transportation of any open container of alcoholic beverage in or on any motor vehicle provided that such container is in a compartment of the vehicle not readily accessible to
the driver or passengers, such as a locked (not merely latched) glove compartment, trunk, or other nonpassenger or nondriver area of the motor vehicle.
(4) The transportation of any open container or consumption of alcoholic beverage in or on any motor vehicle duly licensed and operated for hire to transport passengers, such as charter
buses, regularly scheduled buses, taxi cabs, and the separate passenger compartments of limousines; provided the operator thereof is not in immediate possession of, or engaged in the
consumption of, any alcoholic beverage or open container of alcoholic beverage.
(5) The operation, for a consideration, of any motor vehicle by an
individual duly licensed and supplied by a chauffeur service, limousine service, taxicab company, or bus c
ompany; provided the operator thereof is not in immediate possession of, or engaged in the consumption of,
any alcoholic beverage or open container of alcoholic beverage, and is operating the vehicle while under,
and in the scope of, the employment of a chauffeur service, limousine service, taxicab company, or bus co
mpany. The operator must have in his possession evidence of employment by a bona fide chauffeur service, l
imousine service, taxicab company, or bus company. (Code 1958, § 3-6; Ord. No. 86-9, § 2, 5-20-86)
Editor's note-It should be noted that former §§ 3-6 and 3.7 were deleted by Ord. No. 92-53, §§ 1, 2, adopted Nov. 4, 1992. Prior to deletion, such sections pertained to proximity of
beer and wine sales to other establishments and location of liquor establishments, as derived from the 1958 Code, §§ 3-19 and 3-21.
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