BOYNTON.3 Chapter 3
ALCOHOLIC BEVERAGES*
*Cross references - License tax for nightclubs, §
13 - 22(211); authority to close beverage Person means any natural person,
establishments in civil emergency, § 15 - 45(b); corporation, partnership, association, or entity.
consuming alcoholic beverages at beaches, parks, §
16 - 38. Public or semi - public area open for vehicular
S tate law reference - State beverage law, F.S. travel means all public and private roads, streets,
Chs. 561 — 565. 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
Sec. 3 - 1. Definitions. otherwise open for vehicular travel. It shall not
in clude areas (1) such as golf courses, go - cart tracks,
For the purpose of this chapter: moto - cross tracks, and similar areas; and (2) private
driveways or property serving a single dwelling unit.
Alcoholic beverages means all beverages
containing more than one (1) per cent of alcohol by Wine means all beverages made from fresh
weight. fruits, berries or grapes, either by natural fermen tation
State law reference - Similar provisi ons, F.S. or by fermentation with brandy added, in the manner
§ 561.01(4). required by the laws and regulations of the United
States, and includes all sparkling wines, champagnes,
Beer means all brewed beverages containing combination of the aforesaid beverages, vermouths,
malt. and like products. Sugar, flavors, and co loring
State law reference - Similar provisions, F.S. materials may be added to wine to make it conform to
§ 563.01. the consumer's taste, except that the ultimate flavor or
the color of the product may not be altered to imitate
Beverage law means Florida Statutes, a beverage other than wine or to change the character
Chapters 561, 562, 563, 564, 565, 567, 568. of the wine.
State law refere nce - Similar provisions, F.S. §
Commercial establishment parking lot mean s 564.01.
any private or public area appurtenant to commercial
establishments used by the public for parking for, and Vendor means all persons who sell beverages
pedestrian access to, commercial establishments, herein referred to at retail. (Code 1958, § 3 - 1; Ord.
including drives, parking areas, and sidewalks and No. 86 - 9, § 1, 5 - 20 - 86)
walkways appurtenant thereto.
Container mean s any can, bottle, carton, or Secs. 3 - 2, 3 - 3. Reserved.
other vessel of alcoholic beverage.
Editor's note - Ord. No. 85 - 45, Attach. (b),
Liquor includes “distilled spirits” and shall adopted Aug. 20, 198 5, repealed §§ 3 - 2, 3 - 3. Prior to
include all spirituous beverages created by repeal, § 3 - 2 prohibited sale of alcoholic beverages
distillation, and by mixture of distilled beverages by to minors, drunkards and incompetents and was
what is commonly termed “blending.” derived from the 1958 Code, § 3 - 2; § 3 - 3 prohibited
State law reference - Similar provisions, F.S. the solicitation or allowing solicitation of drinks, as
§ 565.01. derived from th e 1958 Code, § 17 - 42.
Motor vehicle means any vehicle which is
not powered by muscular power.
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2 Boynton Beach Code
Sec. 3 - 4. Hours of sale. Sec. 3 - 5. Possession or consumption
prohibited.
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) Alc oholic 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, servi ce 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 consumptio n 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 alcoho l 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).
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Alcoholic Beverages
3
permanent tables provided by an possession of, or engaged in the
establishment licensed to sell alcoholic
beverages. Provided, howeve r, 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 beverage s 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
require ments 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, n or 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 purp oses.
(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) g love
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
consumption of, any alcoholic beverage or
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Editor's note p - It should be noted that form er §§
3 - 6 and 3.7 were deleted by Ord. No. 92 a - 53, §§ 1, 2,
adopted Nov. 4, 1992. Prior to deletion, such sections n
pertained to proximity of beer and wine sales to other y
establishments and location of liquor establishments, .
as derived from the 1958 Code, §§ 3 - 19 and 3 - 21.
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Boynton Beach Code
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