§ 5-56. Alcoholic beverage sales within the district.

(a)

Minimum distance requirements. There shall be no minimum distance required between any place of business within the district licensed by the state to sell alcoholic beverages either for consumption on or off premises and any other place of business similarly licensed within the district. For the purpose of minimum distance requirements between establishments licensed to sell alcoholic beverages in a district and establishments similarly licensed outside of the district, the physical location of any place of business so licensed within a district shall be considered to extend to the outside perimeter boundary of the district, and the entire district shall thereafter be considered one (1) establishment licensed to sell alcoholic beverages. There shall be no minimum distance requirement between any establishment licensed to sell alcoholic beverages either for consumption on or off premises within the district and establishments similarly licensed outside of the district at the time of designation of the district.

(b)

Hours of operation. The hours during which sales, consumption and service of alcoholic beverages, beers and wines are prohibited within the district are as set forth in section 5-29 of the City Code, provided however:

Upon written notice provided by the district representative to the city manager one (1) or more establishments licensed by the State of Florida to sell alcoholic beverages either on or off premises within the district, may be designated by the district representative as late night licensed establishments and establishments so designated, shall be prohibited from selling, offering to sell, or serving any beers, wines or alcoholic beverages of any kind regardless of alcoholic content for consumption on or off premises on weekdays and Saturdays between the hours of 4:00 a.m. and 7:00 a.m.; and any such alcoholic beverage ordered by a patron from a vendor and served prior to 4:00 a.m. may be consumed within the district premises until no later than 4:30 a.m.

(c)

Sales of alcoholic beverages within the district. If permitted in accordance with state permitting requirements, alcoholic beverages sold for consumption on the premises by a vendor within an area designated as a district pursuant to this article, may be consumed, held, carried and transported in the original or substitute container, at any location within the district, either indoors, outdoors or aboard boats moored at docks located within the district to the extent it is permitted by the state.

(d)

Hours for music and entertainment. Music, singing and other forms of entertainment whether amplified or not, shall be permitted indoors at any time during business hours of any facility or business enterprise within the district, and in addition music, singing and entertainment shall be permitted outdoors within the district, however, such outdoor music, singing and entertainment shall not be permitted later than the hours of 12:00 a.m. during weekdays and 1:00 a.m. on legal holidays as provided by state law, Fridays, Saturdays and Sundays, notwithstanding anything to the contrary in section 17-10 of the Code.

(e)

Alcoholic beverage consumption on vessels within the district. Owners of pleasure or excursion boats or barges who are licensed under the state beverage laws to sell alcoholic beverages for consumption on premises, may sell beers, wines and alcoholic beverages of any type, regardless of alcoholic content, on such vessels within the district subject to the provisions of this article.

(f)

Outdoor sales of alcoholic beverages. Those persons or entities within the district licensed under the state beverage license laws, may sell and serve beers, wines and alcoholic beverages of any type regardless of alcohol content at any location within the district licensed for such sale and under the control of such licensee, including, but not limited to, sidewalk cafes, outdoor areas designed for food or beverage consumption or both adjacent to and operated in concert with a business operated within enclosed premises, licensed freestanding structures including outdoor bars and kiosks selling food or beverages including alcoholic beverages and pushcart type vehicles, provided that all such operators of such outdoor facilities vending and serving alcoholic beverages shall be duly licensed by the state and permitted to operate pursuant to the City Code.

(g)

Addition of property to districts. Subsequent to the designation of a district pursuant to the provisions of this article upon application to the city, additional lands may be added to a district providing that the property proposed to be added to the district:

(1)

Is adjacent to the district; for purposes of this provision, properties shall be deemed "adjacent" to a district if they are directly contiguous to any perimeter boundary of the district or separated from the district solely by any publicly dedicated thoroughfare or pedestrian walkway;

(2)

Is under common ownership or control by the district representative; and

(3)

Meets the criteria set forth in section 5-54(1), (4) and (8).

(Ord. No. C-92-17, § 1, 4-7-92)