Chapter 3 ALCOHOLIC BEVERAGES

Sec. 3‑1. State definitions adopted.

 Words and phrases used in this chapter shall have the meanings ascribed to them by Florida Statutes, Sections 561.01, 563.01, 564.01 and 565.01.

Sec. 3‑2. Hours regulated.

 It shall be unlawful for any retail vendor of alcoholic beverages holding a license issued by the state to sell, serve or to permit the sale or service of any alcoholic liquors or beverages within the town except during the following hours:

(a)    On any day from 8:00 a.m. until 2:00 a.m. the following day.

(b)    Customers, patrons, visitors and any other person may remain in any bar, cocktail lounge, or cabaret for the purpose of consuming beverages purchased prior to the established closing hour for a reasonable period of time, not to exceed one‑half (1/2) hour beyond the designated closing hour. The above hours shall not be construed to apply to the license holder, manager, or his agent or agents when engaged in the legitimate pursuit of business.

(Code 1962, 3‑3; Ord. No. 116, 1, 5‑19‑70; Ord. No. 92-7, 1, 4-21-92; Ord. No. 97-1, 1, 12-3-96; Ord. No. 17-02, 2, 2-8-17)

Sec. 3‑3. Extending hours on special occasions.

 Permission may be given by the town manager at his discretion to extend the closing hours on special occasions, providing that request for such permission is made at least forty‑eight (48) hours in advance. (Code 1962, 3‑4; Ord. No. 247, 8, 5‑15‑79)

 Sec. 3‑4. Sales to under‑age persons.

 No person shall sell, give, serve or permit to be served any alcoholic beverage to any under‑age person. “Under‑age person” means any person who has not yet attained the age at which sales to him are lawful under the laws of the state. (Code 1962, 3‑9)

State law reference‑Salesto under‑age persons. F.S. 562.11.

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*Cross reference–Regulation of beverage establishment employees, 10‑23; declaration of states of emergency, 10‑25.

State law reference‑‑State beverage law, F.S. Chs. 561‑‑565.

Sec. 3‑5. False representations of age.

No under‑age person shall make false statements as to his age or identity, or furnish, present or exhibit any fictitious or false registration card, identification card, or other document for the purpose of procuring the sale, gift or delivery of alcoholic beverages. (Code 1962, 3‑10)

State law reference‑‑Similar provisions, F.S. 562.11(2).

Sec. 3‑6. Consuming, in vicinity of beach and parks.

(a)      Definition. The term “alcoholic beverage” as used in this section shall mean any beer, wine, liquor or other beverage meeting the definition of alcoholic beverage set out in Section 561.01(4), Florida Statutes, and as hereafter from time to time duly amended.

(b)            Consuming; Possession. It shall be unlawful for any person to drink, consume or possess an open container of an alcoholic beverage on or in any:  public street or right-of-way including but not limited to while being located in a parked motor vehicle, public boardwalk, public sidewalk, public beach, public park, public parking area, public driveway, or undeveloped lot open to the public, located within the area of the town identified in subsection (c) hereof.  An open container shall be considered to be in the possession of a person, including the passenger of a motor vehicle, if the container is in the physical control of the person.  An open container shall be considered to be in the possession of the operator of a motor vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked non-passenger area of the motor vehicle.  This section shall not apply to drinking, consumption, or possession of an open container of an alcoholic beverage in or on a moving or parked motor vehicle on a public right-of-way to the extent that same is regulated pursuant to section 316.1936, Florida Statutes).  During any special event so declared as such by the town council, the town manager may issue a notice of non-enforcement of any portion of this sub-section by conspicuously posting said notice at town hall.  Said notice shall specify the portion of this sub-section that is not to be enforced, and the location and the time during which said portion of this sub-section shall not be enforced.  During said time the town shall not enforce the affected portion of this sub-section.  Said notice of non-enforcement may not be revoked without at least twenty-four (24) consecutive hours of notice to the general public given in the same manner as the notice of non-enforcement is noticed.

(c)   Area described. The provisions of this section shall apply to those parts of the town described as follows:

1.   Within the area described as commencing at the intersection of the paved portion of the East side of A1A (Miramar Avenue) and the northern Lot line of Lot 8, Block 66, Indialantic by the Sea, according to the plat thereof, as described in Plat Book 3, Page 39, Public Records of Brevard County, Florida; then run East along the aforesaid North line of Lot 8 to the Atlantic Ocean and the corporate limits of the Town; thence run south-southeasterly along the shore of the Atlantic Ocean and the eastern corporate limits of the town to North line of Lot 3, Block 99, Indialantic by the Sea, according to the plat thereof, as described in Plat Book 3, Page 91, Public Records of Brevard County, Florida; thence run West along the aforesaid North line of Lot 3 to the East side of the paved portion of A1A (Miramar Avenue); thence run North-Northwesterly along the East side of the paved portion of A1A to the POINT OF BEGINNING.  This area includes Nance Park, Wavecrest Avenue a/k/a Wave Crest Street or Wave Crest, that portion of the rights‑of‑way east of A1A (Miramar Avenue) of 5th Avenue, 8th Avenue, 11th Avenue, 14th Avenue;

2.  That portion of the rights‑of‑way east of A1A (Miramar Avenue) of Watson Drive and Tampa Avenue; and

3.  Within the following public parks not described in paragraph 1. above: Dewey, Indian River, Lily, Gus Carey, Orlando, Riverside, Tradewinds, Sunset, Wavecrest, Sunrise, Sea, and Douglas.

(d)      Posting. The town public works director is hereby directed to erect and maintain conspicuous signs to the public designating the restricted area described in subsection (c) above.

(e)       Violations. Any person violating any of the provisions of this section shall be guilty of a municipal ordinance and shall be punished as provided in section 1-9, town code. No person, however, shall be cited or arrested for violation of this section without first being given a verbal warning and reasonable opportunity to comply with said warning by an Indialantic police officer or other sworn law enforcement officer duly requested to assist. (Code 1962, 3‑19; Ord. No. 215, 1, 9‑20‑77; Ord. No. 281, 2‑6, 6‑23‑80; Ord. No. 81‑290, 1, 2‑3‑81; Ord. No. 89‑16, 1, 6‑20‑89; Ord. No. 02-14, 1, 6-18-02; Ord. 04-11, 1, 8-17-04)

Sec. 3‑7. Loafing, loitering in establishment.

No person shall loaf or loiter in or near any establishment where alcoholic beverages are sold or dispensed. No proprietor of any such establishment shall permit any person to loaf or loiter in or near such establishment. (Code 1962, 3‑6)

Sec. 3‑8. Repealed.
(Code 1962, 3‑7; Ord. 14-08, 1, 4-21-14)

Sec. 3‑9. Employing certain persons prohibited and regulated.

It shall be unlawful for any vendor under the state beverage law to employ any person in violation of Florida Statutes, Section 562.13. (Code 1962, 3‑5)

Sec. 3-10.  Possession of open container; Consumption in public places.

(a)       Alcoholic beverage defined. The term “alcoholic beverage” as used in this section shall mean any beer, wine, liquor or other beverage meeting the definition of alcoholic beverage set out in Section 561.01(4), Florida Statutes.

(b)      Prohibition; exception. It shall be unlawful for any person to drink, consume or possess an open container of an alcoholic beverage in any public park or at any public beach or on the premises outside of, or on any streets, alleys, sidewalks or parking areas open to the general public, and located within one hundred (100) yards of any building containing an establishment open to the general public which engages in the sale of alcoholic beverages in the town.  No person, however, shall be cited or arrested for violation of this section without first being given a verbal warning and reasonable opportunity to comply with said warning by a town police officer or other sworn law enforcement officer duly requested to assist.  During any special event so declared as such by the town council, the town manager may issue a notice of non-enforcement of any portion of this sub-section by conspicuously posting said notice at town hall.  Said notice shall specify the portion of this sub-section that is not to be enforced, and the location and the time during which said portion of this sub-section shall not be enforced.  During said time the town shall not enforce the affected portion of this sub-section.  Said notice of non-enforcement may not be revoked without at least twenty-four (24) consecutive hours of notice to the general public given in the same manner as the notice of non-enforcement is noticed.

(c)       Signage required. Any establishment engaged in the sale of alcoholic beverages shall, at all times when such establishment is open to the public or is selling alcoholic beverages, have a sign

located where it can be readily seen and read by all customers of the establishment which is at least six by eight and one-half inches (6″ x 8 ½”) in size and with seven-sixteenth inch minimum lettering containing the following information:

IT IS UNLAWFUL TO CONSUME OR POSSESS OPEN CONTAINERS OF ALCOHOLIC BEVERAGES OUTSIDE OF AND WITHIN 100 YARDS OF THIS ESTABLISHMENT.  INDIALANTIC TOWN CODE SEC. 3-10.

(Ord. No. 97-1, 2, 12-3-96; Ord. No. 02-14, 2, 6-18-02; Ord. No. 04-11, 2, 8-17-04)