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 beverage establishment means any business or commercial establishment, whether open to the public at large or entrance is limited by cover charge or membership requirements,
including those licensed by the State for sale and or service of alcoholic beverages, which include, but are not limited to, any stand-alone bar, bottle club, hotel, motel, restaurant,
night club, country club, cabaret, and meeting facility located in the City of Boynton Beach in which alcoholic beverages, beer or wine are, or are available to be, sold, dispensed,
served, consumed, provided, possessed or offered for sale or consumption on the premises.
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.
Nudity is the exposing to public view of the human male or female genitals, pubic area, cleavage of the human buttocks, or that portion of the human female breast encompassed within
an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple).
Partial nudity is the exposing to public view of the human male or female cleavage of the human buttocks or that portion of the human female breast encompassed within an area falling
below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple) with less than a full opaque covering;
or the depiction of covered human male genitals in a discernibly turgid state.
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.
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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; Ord. No. 10-030, § 2, 12-7-10)
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.
Sec. 3-4. Hours of sale.
(a) For purposes of this section, alcoholic beverage(s) means distilled spirits and all beverages containing one-half of one percent (0.5%) or more alcohol by volume.
(b) It shall be unlawful to sell, deliver or consume, or permit the sale, delivery, service or consumption of, alcoholic beverages on the premises where such licensed business is conducted,
between the
hours of 2:00 a.m. and 7:00 a.m., on any day of the week, except New Year’s Day.
(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; Ord. No. 08-023, § 2, 9-18-08)
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 hundred (500) feet of a commercial establishment parking lot in the City of Boynton
Beach, except in those areas in which consumption is permitted pursuant to the beverage law; special or general act of the state legislature; the Florida Administrative Code; or city
ordinance, resolution or administrative approval. Nothing herein shall prohibit consumption on private property within five hundred (500) feet of a commercial establishment parking lot;
provided that the owner or person in control of said private property has explicitly consented to such consumption.
(2) It shall be unlawful for any person to possess any alcoholic beverage in or within five hundred (500) feet of a commercial establishment parking lot in the City of Boynton Beach
except in those areas in which such possession is permitted pursuant to beverage law; special or general act of the state legislature; the Florida Administrative Code; or city ordinance,
resolution or administrative approval unless
such alcoholic beverage is in the original container with the seal unbroken.
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(3) It shall be unlawful for any person to possess any container of alcoholic beverage, except an original container with the seal unbroken, or to consume any alcoholic beverage in or
on a motor vehicle being operated on a public or semi-public area open for vehicular travel.
(4) It shall be unlawful for any person to consume or possess any alcoholic beverage upon the public streets or alleys of the City, or outside of any building in a nonresidential zone
of the City, unless there are seating arrangements for patrons at permanent tables provided by an establishment licensed to sell alcoholic beverages. The City Manager may grant a permit
for a Special Event in a defined location for a period not to exceed twelve (12) hours per day, allowing the serving and consumption of alcoholic beverages on public or private, nonresidentially
zoned property. To receive such a permit, an applicant must submit the request at the time of Special Event application. 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 company; 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 company. The operator must have in his possession evidence of employment
by a bona fide chauffeur service, limousine service, taxicab company, or bus company. (Code 1958, § 3-6; Ord. No. 86-9, § 2, 5-20-86; Ord. No. 15-015, § 6, 6-16-15)
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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Sec. 3-6. Prohibition of nudity, partial nudity, sexual conduct.
(1) No person shall engage in nudity or partial nudity in any alcoholic beverage establishment.
(2) No employee of, or person having an independent contractual relationship with, the owner or operator of an alcoholic beverage establishment shall engage in nudity or partial nudity
in any alcoholic beverage establishment.
(3) No person maintaining, owning or operating an alcoholic beverage establishment shall suffer or permit any employee or person having an independent contractor status as to the owner
or operator of the alcoholic beverage establishment to engage in nudity or partial nudity within any alcoholic beverage establishment.
(4) No person shall engage in and no person maintaining, owning or operating an alcoholic beverage establishment shall suffer or permit any sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation, any sexual act which is prohibited by law, touching, caressing or fondling of the breasts, buttocks, or any portion thereof, anus or genitals
or the simulation thereof, within any alcoholic beverage establishment.
(Ord. No. 10-030, § 3, 12-7-10)
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