§ 5-36. Patron age restrictions.

(a)

Definitions. For the purposes of this section, the following definitions shall apply:

Alcoholic beverage establishment shall mean a bottle club, cocktail bar, hotel bar or nightclub, as those terms are defined in section 5-1 of the Code of Ordinances of the City of Fort Lauderdale, Florida.

Bona fide restaurant means an establishment engaged primarily in the service of food and non-alcoholic beverages, where the sale or service of alcoholic beverages is incidental to the sale and service of food and non-alcoholic beverages and meets all of 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 beverage.

(2)

A bona fide restaurant must have full kitchen facilities and food preparation staff capable of preparing and serving full course meals during all hours of operation for the full occupant load of its establishment;

(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 Florida Building Code or its successor code.

(5)

A bona fide restaurant must have the appropriate license issued by the division of hotels and restaurants as well as all municipal or county permits required by law, and must meet all local zoning requirements;

(6)

Customer service area, kitchen facilities, restroom facilities, pantries, and storage rooms must comprise no less than seventy-five (75) percent of the gross floor area of a bona fide restaurant;

Customer service area is the area of an establishment available for food or beverage service or consumption, or both, calculated by measuring all areas covered by customer tables and counter surfaces and any floor area within five (5) feet of the edge of said tables and counter surfaces, measured in all directions where customer mobility is permitted. Customer service area shall include any outdoor or patio floor area used or designed for food service or consumption, or both, measured as specified above. Areas between tables or bars which overlap in measurement with another table shall only be counted once.

Floor area, gross means the sum of the floor areas of all floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings. In restaurants, gross floor area shall also include any outdoor or patio floor area used or designed for use for customer food service.

(b)

It shall be unlawful for persons under the age of twenty-one (21) to enter or remain in any alcoholic beverage establishment, or to be permitted to do so by owners, managers, employees or independent contractors of alcoholic beverage establishments, except as hereinafter provided. This restriction shall not apply to:

(1)

Persons employed by or at the alcoholic beverage establishments; and

(2)

Persons accompanied by either of their parents (natural, adoptive, step-parent or legal guardian); and

(3)

A bona fide restaurant; and

(4)

An establishment with an "SRX" or special restaurant license issued by the State of Florida; and

(5)

An alcoholic beverage establishment during any time period in which it is not serving or selling alcoholic beverages to the public, provided that before anyone under the age of twenty-one (21) is admitted into the establishment, all alcoholic beverages previously served to customers are consumed, 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; and

(6)

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

(c)

It shall be a defense to alleged violations of this section that the person under the age of twenty-one (21) obtained access through a fraudulent identification, and the business used reasonable efforts to prevent the use of fraudulent identifications. Under these circumstances, only the persons who gained access to the alcoholic beverage establishment by presenting fraudulent identification shall be considered in violation of this section.

(d)

Upon reaching a determination that an alcoholic beverage establishment that claims an exemption from this section as a bona fide restaurant is not in fact operating as a bona fide restaurant, the city shall issue a notice of violation in conjunction with any other legal action (citation, notice to appear, etc.). This notice of violation shall clearly state that the alcoholic beverage establishment is in violation of this section for failure to operate as a bona fide restaurant and shall state the reason why that conclusion was reached.

(e)

Alcoholic beverage establishments may appeal the city's determination as to bona fide restaurant status only, to a special magistrate, pursuant to section 11-3 of the Code of Ordinances of the City of Fort Lauderdale, by submitting a request for a special magistrate hearing by certified mail to the City Clerk, 100 N. Andrews Avenue, Fort Lauderdale, Florida 33301, which request must be received by the city clerk no later than ten (10) days from the date the notice of violation was issued. There shall be a hearing scheduled to take place within thirty (30) days from the date of receipt of the appeal notice from the alcoholic beverage establishment. While a special magistrate appeal 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 special magistrate shall be limited to a determination of whether or not the alcoholic beverage establishment qualifies as a bona fide restaurant as defined in this section.

(f)

Any alcoholic beverage establishment may, at its option, request a determination from the city that the establishment qualifies as a bona fide restaurant for purposes of this section, by submitting a completed application for such a determination to the City Clerk's Office, 100 N. Andrews Avenue, Fort Lauderdale, Florida, 33301. No establishment is required to obtain a determination, and alcoholic beverage establishments must continue to comply with all provisions of this section in order to maintain their exemption. The request for a determination shall include the following information:

(1)

Name and address of the alcoholic beverage establishment;

(2)

The written consent of the property owner, if different from the applicant;

(3)

A copy of a valid business tax receipt for the restaurant at the property that is the subject of the application;

(4)

A copy of the valid certificate of occupancy for the restaurant/building which is the subject of the application;

(5)

A drawing (minimum scale of one-fourth (¼) inch equals one (1) foot) showing the layout and dimensions of the restaurant, locations of all tables, countertops and chairs (including the number of tables and chairs to be provided), customer service areas, gross floor area, kitchen facilities with sufficient detail to establish that it is sufficient to serve full meals to the full occupant load of the establishment, as well as any other information relevant to a determination of compliance with the provisions of this section;

(6)

Number of full time and number of part time kitchen and food preparation staff to be employed by the bona fide restaurant;

(7)

A copy of the menu of food items being offered and served or to be offered and served, excluding daily specials, if any;

(8)

Any permits or approvals required from any other governmental agency necessary to operate a restaurant.

(g)

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. The establishment making the request may appeal the city's determination, as provided for in subsection (e) above, subject to the same time frames and limitations.

(Ord. No. C-00-54, § 1, 10-3-00; Ord. No. C-00-73, § 1, 11-21-00; Ord. No. C-03-23, § 2, 7-1-03 ; Ord. No. C-04-63, § 1, 12-21-04 ; Ord. No. C-06-45, § 2, 1-4-07 )