§ 2-3-1. Definitions.

(a)

Definitions. The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning:

(1)

Alcoholic beverage means any spirit, wine, beer, ale or other beverage containing one-half of one (0.5) per cent or more of alcohol by volume. This definition does not include any medicine, including cough syrup, designed and sold for medical purposes.

(2)

Alcoholic beverage establishment or establishment dealing in alcoholic beverages means any person, group, or legal entity licensed by the state division of alcoholic beverages and tobacco for the sale of alcoholic beverages and who sells or otherwise trades, transfers, gives or dispenses alcoholic beverages to customers, patrons, members or other persons, including any bottle club, hotel, motel, restaurant, night-club, or similar establishment. This definition does not include private residences and social, fraternal or civic associations or organizations, which only occasionally provide facilities for on-premises consumption of alcoholic beverages for members and their guests and which are not licensed to sell alcoholic beverages.

(3)

Operator means any person physically present and managing or in charge of operations of an alcoholic beverage establishment.

(4)

Open container means any container of alcoholic beverage immediately capable of being consumed from, or the seal of which has been broken.

(5)

Premises means the physical building or other structure, including any porch, patio, balcony, rooftop, or tent, and includes any privately-owned parking areas adjacent to the building or structure.

(6)

Stand alone bar or nightclub means any licensed premises devoted during any time of operation predominantly or totally to serving alcoholic beverages, for consumption on the licensed premises; in which the serving of food, if any, is merely incidental to the consumption of any such beverage; and the licensed premises is not located within, and does not share any common entryway, or common indoor area with, any other enclosed indoor workplace, including any business for which the sale of food or any other product or service is more than an incidental source of gross revenue. A place of business constitutes a stand alone bar or nightclub in which the service of food is merely incidental in accordance with this definition if the premises derives no more than ten (10) per cent of its gross revenue from the sale of food consumed on the licensed premises. This definition shall be construed consistent with any judicial construction given to F.S. § 386.203(11). This definition does not include sporting facilities where events sanctioned by nationally recognized regulatory athletic or sports associations are held; nor hotels, motels, and bona fide restaurants whose primary business is the service of full course meals, where such businesses are licensed by the state's division of hotels and restaurants. This definition does not include any airport vendor holding a special airport license, as defined by F.S. § 561.01(13).

(b)

Words or phrases not herein defined but which are defined within F.S. Chs. 561 through 565, the Florida Beverage Law, shall be given their statutory meaning. Words or phrases not defined herein nor in the Florida Beverage Law shall be given their ordinary meaning.

(Ord. No. 06-42, § 3, 5-23-06)