§ 113.21. PATRON AGE RESTRICTIONS.

(A)

Definitions.

(1)

A bona fide restaurant. In the case of hotels and other similar multiuse establishments, this restriction applies only to those areas of the establishment operating primarily as an alcoholic beverage establishment and not as a bona fide restaurant;

(a)

A bona fide restaurant shall mean an establishment engaged primarily in the service of food where the sale or service of alcoholic beverages is incidental to the sale and service of food. A cafeteria or fast-food establishment shall be deemed a bona fide restaurant for the purposes of zoning classification. All other establishments must meet the following criteria:

1.

A bona fide restaurant must during all hours of operation, continually offer food service consisting of full-course meals.

a.

Full-course meals shall include a salad or vegetable, entree, and dessert.

2.

A bona fide restaurant must have full kitchen facilities, which are located in a completely enclosed room, under roof of the main structure, or in an interior court, and food-preparation staff capable of preparing and serving full-course meals during all hours of operation.

3.

A bona fide restaurant must have a customer service area consisting of tables, chairs or customer counters. The tables or customer counters within the customer-service area must be of adequate size to accommodate the service of full-course meals.

4.

In order for tables, chairs or customer counters to be included in the customer-service area, the service of full-course meals must be available at each seat or chair at each table or customer counter in accordance with the following:

a.

The total number of seats or chairs at the tables, customer counters and bars within the customer service area must be sufficient to accommodate the maximum occupant load of the restaurant;

b.

The full occupant load shall be determined in accordance with the provisions of the Standard Florida Building Code or its successor code.

5.

A bona fide restaurant must have the appropriate license issued by the State as well as all municipal or County permits required by law, and must meet all local zoning requirements.

(B)

Regulations. It shall be unlawful for persons under the age of twenty-one (21) to enter, patronize, visit, be admitted to, or allowed access in any alcoholic beverage establishment, as defined in Section 113.20(A), except as hereinafter provided. This restriction shall not apply to:

(1)

Persons accompanied by either of their parents (natural, adoptive, or stepparent) or legal guardian (appointed by a court);

(2)

A bona fide restaurant;

(3)

An alcoholic beverage establishment during any time period in which it is not serving or selling alcoholic beverages to the public or allowing alcohol to be consumed on its premises, provided that before anyone under the age of twenty-one (21) is admitted into the establishment. All alcoholic beverages previously served to customers or being consumed by customers are removed from customer access and otherwise discarded and the establishment's entire inventory of alcoholic beverages is properly secured from public access. The sale, service or consumption of alcoholic beverages may not resume until all persons under the age of twenty-one (21) have vacated the premises;

(4)

Members of the military or armed services with proper military identification to show that they are currently on active duty with a branch of the United States military; and

(5)

Persons employed by or at the alcoholic beverage establishments.

(C)

Bona Fide Restaurant Determination. Alcoholic beverage establishments may appeal the determination by the City as to bona fide restaurant status only to the Board of Adjustment, which request must be received by the Planning and Zoning Director or his/her designee no later than ten (10) days from the date the notice of violation was issued.

(1)

There shall be a hearing scheduled before the Board of Adjustment to take place within thirty (30) days from the date of receipt of the appeal notice from the alcoholic beverage establishment. While a hearing before the Board of Adjustment is pending, the City may continue to enforce the provisions of this Section by all legal means. After hearing evidence presented by both the City and the alcoholic beverage establishment, the Board of Adjustment shall be limited to a determination of whether or not the alcoholic beverage establishment qualifies as a bona fide restaurant as defined in this Chapter.

(2)

A determination as to bona fide restaurant status shall be issued as soon as practicable by the City. The applicant must comply with all of the requirements of this Section before and after it is issued.

(D)

Enforcement and Penalties.

(1)

An offense of subsection (A) by an alcoholic beverage establishments shall be defined as one or more persons under the permitted patron age discovered on the business premises in violation of this Section. Hearings on notices of violation shall be conducted by the City's Code Enforcement Board, that may impose penalties, including fines as provided for in Chapter 37 of this Code and as set forth in state statutes, with appeal by certiorari to the Circuit Court, Appellate Division.

(2)

It shall be a defense to alleged violations of subsection (A) that the person under the age of twenty-one (21) obtained access despite the owner's reasonable efforts to prevent such access or through a fraudulent identification and the business used reasonable efforts to prevent the use of fraudulent identification. "Reasonable effort" shall include, but not be limited to, use of employees properly checking identification cards at the entrance to the subject establishment. For purposes of this subsection, "identification cards" are defined as federal, state or local government-issued identification cards.

(3)

An offense of subsection (A) by persons under the age of twenty-one (21) shall be addressed as follows: persons found in violation of this section shall be asked by the business establishment, the code enforcement division, or certified law enforcement officers to leave the premises subject to this section. Additionally, persons under the age of twenty-one (21) who gained access to the alcoholic beverage establishment by presenting fraudulent identification shall be subject to prosecution for violation of Section 322.212, Florida Statutes, or comparable provision.

(Ord. No. 45-05, § 1, passed 7/5/05)