Chapter 154 - ALCOHOLIC BEVERAGES

Sec. 151.510. - Area of enforcement. Chapter 155 - ADULT ARCADE AMUSEMENT CENTER Chapter 154 - ALCOHOLIC BEVERAGES[1]

Footnotes: --- (1) ---

State Law reference— Local option, Fla. Const. Art. VIII, § 5; revocation or suspension of licenses of hotels and restaurants, F.S. § 509.261; alcoholic beverages, F.S. Ch. 561; limitation upon number of licenses issued, F.S. § 561.20; municipal license tax on alcohol prohibited, F.S. § 561.342; temporary convention alcohol permits, F.S. § 561.421; nonprofit civic organizations, temporary alcohol permits, F.S. § 561.422; selling, giving, or serving alcoholic beverages to persons under age 19 prohibited, F.S. § 562.11; possession of alcoholic beverages by persons under age 21 prohibited, F.S. § 562.111; regulating the time for sale of alcoholic and intoxicating beverages, F.S. § 562.14; vendors to be closed in time of riot, F.S. § 562.454; minors patronizing, visiting, or loitering in a dance hall, F.S. § 562.48.

PART 1. - IN GENERAL

Sec. 154.100. - Findings.

(a)

Alcoholic beverages can be addictive, dangerous and abused. Those who drink alcoholic beverages sometimes injure themselves, their family or innocent third parties.

(b)

Those who sell alcoholic beverages profit off those who consume the alcoholic beverages, whether those consumers use alcoholic beverages responsibly or abuse acholic beverages.

(c)

Due to the misuse of alcoholic beverages, the State and the City consider the sale of alcoholic beverages to be a privilege that carries with it important and sometimes burdensome responsibilities.

(d)

The City has enhanced police power over alcoholic beverages pursuant to the Twenty-First Amendment to the United States Constitution and, in enacting the provisions of this Chapter, the Council is exercising the full strength of that Twenty-First Amendment power.

(e)

Limited Sunday sales mean fewer sales of alcohol to minors, fewer drunk drivers and fewer problems caused by use of alcoholic beverages. A large percentage of problems from the sale of alcoholic beverages occur due to off-premise sale and sales at places commonly known as bars, places whose main business is the sale of alcoholic beverages. Bars are often located in neighborhoods where Sunday alcohol sales would disrupt the peace and quietude of such neighborhoods.

(f)

The purpose of Section 154.302 is to permit certain licensed vendors to sell alcoholic beverages on Sundays. These vendors include bona fide restaurants. In order to be a bona fide restaurant, the establishment must, among other things, have sales of food and nonalcoholic beverages that consistently make up at least 51 percent of the establishment's gross sales. To establish such consistency, an establishment that sells or serves alcoholic beverages on Sundays must sell 51 percent food and nonalcoholic beverages during each of the time periods referred to in Section 154.302(b). An establishment that fails to sell sufficient food and nonalcoholic beverages during any time period is prohibited from selling on Sundays until it satisfies all the sales requirements in Section 154.302(b). Licensed vendors are required to keep records and be aware of the percentage of their sales in order to be sure that they comply with the Sunday sales laws.

(g)

The sole purpose of Section 154.303 is to give to the Sheriff notice of which licensed vendors intend to sell alcoholic beverages on Sunday. This notification enables the Sheriff to concentrate resources on those who actually intend to sell alcoholic beverages on Sunday. Nothing in Section 154.303 grants the right to sell alcoholic beverages on Sunday. Only Section 154.302 grants the exceptions to Section 154.301, and therefore, only Section 154.302 allows some vendors to sell alcoholic beverages on Sunday.

(h)

Meal packages where the sale of food and alcoholic beverages are dependent on one another are used to circumvent the requirement that restaurants serve at least 51 percent food and nonalcoholic beverages. Consequently, meal packages which include alcoholic beverages are prohibited.

(Ord. 90-388-333, § 1)

Sec. 154.101. - Definitions.

(a)

Whenever used in this Chapter, the following definitions pertaining to alcoholic beverages shall apply. The determination of the percentage of alcohol by volume shall be made as provided in F.S. § 561.01.

(1)

Alcoholic beverages means and includes distilled spirits and all beverages containing one-half of one percent or more of alcohol by volume.

(2)

Fourteen percent alcoholic beverages means and includes all beverages containing more than 14 percent of alcohol by volume.

(3)

Intoxicating beverages means and includes only those alcoholic beverages containing more than 4.007 percent of alcohol by volume.

(b)

For the purposes of this Part, the following terms, phrases, words, and their derivations, as listed in alphabetical order herein, shall have the meaning contained below:

(1)

Approved Container means a cup that bears the Jacksonville Riverwalk Logo, is no larger than 16 ounces and is approved by the City for sale and use in the Jacksonville Riverwalk Specialty Center.

(2)

Licensed premises means the area licensed by the state for the sale of alcoholic beverages, pursuant to Florida Statutes, as amended.

(3)

Licensee means a legal or business entity, person, or persons that hold a license issued by the Florida Division of Alcohol and Tobacco for the sale of alcoholic beverages.

(4)

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

(5)

Jacksonville Riverwalk Open Container Area means the Riverwalk, and the Riverwalk Connectors, as shown in Figure 1 of Section 154.115 below, where possession and consumption of alcoholic beverages, in conformance with this Part, are permitted between the hours of 11:00 a.m. 10:00 p.m. Sunday through Thursday, and 11:00 a.m. midnight on Friday and Saturday, unless otherwise posted by the Director of the Parks, Recreation and Community Services Department.

(6)

Jacksonville Riverwalk Specialty Center means the area shown in Figure 1 of Section 154.115 below, that includes licensed premises on or near the Jacksonville Riverwalk where one may exit the licensed premises with open containers onto the Jacksonville Riverwalk Open Container Area.

(Code 1965, § 1-4; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2023-863-E, § 1)

Note— Former § 2.102.

Sec. 154.102. - Responsibility of licensed vendor.

Where the term licensed vendor or licensed business is used in this Chapter, it shall mean a vendor or business licensed by the State to sell alcoholic beverages. Each licensed vendor shall be responsible for his licensed business through his agent, servant or employees, and any person using the premises with his knowledge and consent, so that conviction of any of the above of any offense under this Chapter shall subject the licensed vendor to penalties as provided in Section 154.306.

(Code 1965, § 4-5; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-132-66, § 3; Ord. 83-591-400, § 1; Ord. 85-1567-819, § 1)

Note— Former § 412.101.

Sec. 154.103. - Reserved.

Editor's note— Ord. 2020-186-E, § 1, amended the Code by repealing former § 154.103, which pertained to female employees mingling with patrons, and derived from the Code of 1965, § 4-6; Ord. 70-650-526; Ord. 71-397-181; and Ord. 83-591-400, § 1. Formerly § 412.102.

Note— Former § 412.102.

Sec. 154.104. - Serving persons under 21 years of age.

(a)

It shall be unlawful for any owner or other person to sell, give, serve or permit to be served, alcoholic beverages to a person under 21 years of age. This Section shall not apply to the parent, legal guardian or spouse of the person under 21 who has received the alcoholic beverages.

(b)

(1)

It shall be unlawful for any owner to permit a person under 21 years of age to possess or to consume alcoholic beverages on the owner's premises.

(2)

As used in this Section, owner shall mean and include the manager, owner, possessor or other person in operation or control of any premises where a person under 21 years of age possesses, purchases, receives or consumes alcoholic beverages; however, owner shall not include the parent, legal guardian or spouse of the person under 21 years of age.

(c)

As used in this Section, person shall mean any natural person, firm, association, partnership, corporation or any other entity.

(d)

Upon the first conviction for violation of this Section, the convicted person shall be punished by a fine of $500 and 72 hours of community service.

(e)

Upon the second conviction for violation of this Section, the convicted person shall be punished with a fine of $500 and 144 hours of community service.

(f)

Upon the third and subsequent convictions for violation of this Section, the convicted person shall be punished with a fine of $500 and 144 hours of community service and from three to 30 days' imprisonment.

(g)

This Section shall not apply to the use of alcoholic beverages at constitutionally protected religious observances.

(h)

All acts of any servants, agent or employee, paid or unpaid, of an owner shall be imputed to the owner and be deemed to be an act of the owner if done within the scope of such servant, agent or employee's scope of authority under the owner.

(Code 1965, § 4-7; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 89-949-459, § 1)

Note— Former § 412.103.

Sec. 154.105. - Use of premises as disorderly place or public nuisance.

It shall be unlawful for any vendor to permit prostitution or solicitation of prostitution on a premises licensed for the sale of alcoholic beverages or within the same building as licensed premises, or to permit the premises to be operated as a disorderly place or public nuisance or to permit therein any violation of any City ordinance regulating moral decency.

(Code 1965, § 4-10; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 412.104.

Sec. 154.106. - Use of premises for gambling.

It shall be unlawful for any vendor to permit gambling or solicitation of gambling on a premises licensed for the sale of alcoholic beverages or within the same building as licensed premises.

(Code 1965, § 4-11; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 412.105.

Sec. 154.107. - Sale and consumption of alcoholic beverages in municipal parks, on City-owned or -leased property, or airports; penalty.

(a)

Except as provided in this Section, it shall be unlawful and a class B offense for any person to sell, serve or consume any alcoholic beverage upon public streets or sidewalks, at any City park or playground, at or in any City building or on any property owned, leased or occupied by the City. Property leased by the City means property not owned by the City but subject to a lease agreement granting the City the right to possess or occupy the property. Property occupied by the City means property neither owned nor leased by the City but in or upon which the City has an apparent right of occupancy.

(b)

The City shall have no duty to provide notice or otherwise post warnings or signs at any park, playground, building, sidewalk, street, or other structure or property to validate or enable the enforcement of the prohibitions on the sale, service or consumption of alcoholic beverages on City property as set forth herein. Persons desiring to sell, serve, or consume alcoholic beverages have the duty to determine the status and ownership of the property on which they desire to do so.

(c)

Alcoholic beverages, which have been purchased or served from a City-owned or -leased location, may be sold, served and consumed at any time at the following locations:

(1)

Jacksonville Veterans Memorial Arena;

(2)

Times Union Center for the Performing Arts;

(3)

EverBank Field;

(4)

Amphitheater;

(5)

Covered Flex Field;

(6)

Baseball Grounds of Jacksonville;

(7)

Metropolitan Park;

(8)

St. Johns River Park (a.k.a. Friendship Park);

(9)

St. Johns Marina;

(10)

James P. Small Park;

(11)

Prime F. Osborn, III Convention Center;

(12)

Drew Park;

(13)

Ritz Theatre and LaVilla Museum;

(14)

The Equestrian Center;

(15)

Hanna Park;

(16)

Sister's Creek Marina;

(17)

The Jacksonville Main Library;

(18)

Jacksonville Skeet and Trap Club, Inc. facility located at 12125 New Berlin Road;

(19)

Lonnie Miller Regional Park; and

(20)

Unity Plaza Park; Notwithstanding the preamble in paragraph (c) above, in connection with Unity Plaza Park, alcoholic beverages may be sold, served and consumed within Unity Plaza Park as authorized by the manager of Unity Plaza Park and as otherwise consistent with State of Florida law and City Municipal Code requirements.

(21)

Any other property owned or leased by the City where the Mayor, or his authorized designee, determines that the sale, service or consumption of alcoholic beverages would be in the best interest of the City. The best interest of the City means that the Mayor, or his designee, has reviewed the following factors and determined that their net overall impact is beneficial to the City and the public as a whole:

(i)

The likely public safety, public health, economic, and other similar or related impacts on the property and surrounding community;

(ii)

The availability of law enforcement and fire-rescue personnel and insurance and indemnification for events on or about the property; and

(iii)

The likely fiscal/economic impacts on the City; arising from a designation that the property be available for the sale, service or consumption of alcoholic beverages.

(d)

Notwithstanding the provisions for the sale of alcoholic beverages as set forth in subsection (c) of this Section, the sale, service and consumption of alcoholic beverages shall not be allowed at the following types of events:

(1)

Any event at which the average age of the participants or the spectators, in the opinion of the Mayor, or his authorized designee, is under the age of 21;

(2)

Any event sanctioned by a governing body when the rules of that body prohibit the sale, service and consumption of alcoholic beverages at such events;

(3)

Any event at which the City, lessee, or sponsoring organization of the event specifically requests in writing to the Mayor, or his authorized designee, that alcoholic beverages not be sold, served or consumed at such event; and

(4)

Any events at which the sale, service and consumption of alcoholic beverages is otherwise prohibited by local, State or federal law.

(e)

Nothing in this Section shall be interpreted as permitting any person or entity, other than the City, to sell, serve or consume alcoholic beverages on public streets or sidewalks, at any City park or playground, at or in any City building, or at or on any other City-owned or -leased property unless that person or entity has first obtained by lease, permit, contract or other agreement the right to be on and utilize that City property, has executed a hold harmless agreement indemnifying the City and has obtained adequate insurance coverage. The hold harmless agreement and proof of insurance coverage shall both be approved in form and content by the Office of General Counsel and by the Risk Management Activity. Based on the information presented to him by the person wishing to utilize the City-owned or -leased premises, the Mayor, or his authorized designee shall, prior to the grant of a right to use the property, make a determination as to whether the provisions of subsection (b) apply to that event. If any of such information, as it pertains to the prohibitions of subsection (b) of this Section, is found to be false or incorrect, the right to utilize the premises may be revoked or cancelled by the Mayor, or his authorized designee.

(f)

Any person selling or serving alcoholic beverages on public streets or sidewalks, at any City park or playground, at or in any City building, or at or on any City-owned or -leased property pursuant to this Section shall, prior to any such sale or service, obtain, if required, the proper permit or license from the State.

(g)

The provisions of this Section shall not apply to any lease, permit, contract or other agreement approved by the Council, which contains provisions concerning the sale, service and consumption of alcoholic beverages therein that are contrary to or conflict with the provisions of this Section; the provisions, as they relate to alcoholic beverages, in such lease, permit, contract or other agreement shall be controlling.

(h)

Any officer or employee of the City violating any provision of this Section shall also be subject to suspension or dismissal.

(i)

Alcoholic beverages, whether purchased or served from a City-owned or -leased location or not, may be consumed within the Sports Complex Area (Figure 1) during the Event Period at the following events:

(1)

The Florida Georgia Football Game;

(2)

Atlantic Coast Conference (ACC) Championship(s);

(3)

The Gator Bowl;

(4)

World of Nations;

(5)

Jacksonville Jazz Festival;

(6)

Spring Music Festivities;

(7)

Skyblast/July 4th;

(8)

12 Ticket Events at Metropolitan Park;

(9)

Bethune-Cookman Events;

(10)

FAMU Events;

(11)

Fairground Events;

(12)

Jacksonville Suns games;

(13)

Jacksonville Jaguar games;

(14)

Baseball Grounds of Jacksonville events;

(15)

Alltel Stadium events;

(16)

Arena Events; or

(17)

Any other events at City facilities within the Sports Complex Area the Council of the City deems special.

The "Alltel Stadium Event Period" means the time period running from 8:00 a.m. the day before an event to 11:59 p.m. the day after the event. The provisions of Section 154.108 are waived during this time period.

(j)

Alcoholic beverages, which have been purchased or served under the authority of any alcohol license issued to the Jacksonville Aviation Authority pursuant to F.S. § 561.17, may be sold, served and consumed at the Jacksonville International Airport located at 2400 Yankee Clipper Drive and as otherwise consistent with State of Florida law and City Municipal Code requirements, including but not limited to, Section 154.301 pertaining to hours of operation for the sale, consumption and service of all alcoholic beverages. Jacksonville Aviation Authority owns and operates Jacksonville International Airport pursuant to Chapter 2001-319 Laws of Florida.

(k)

Nothing contained in this Section is intended to encourage, promote or otherwise sanction or provide a defense for conduct that is unlawful under federal, State or local law including, but not limited to, disorderly intoxication, driving under the influence of alcohol, or possession of illegal substances.

(l)

Nothing contained in this Section is intended to limit the lawful discretionary authority of the Jacksonville Sheriff's Office, the Jacksonville Aviation Authority police or federal or state law enforcement agencies to enforce or not enforce the provisions herein as permitted by statute, case law or other legal enactment.

(m)

Nothing contained in this Section is intended to affect the prosecution of selective enforcement claims under the federal or State constitutions based on race, gender, ethnicity or other suspect categories as such claims are currently defined under well-established case law.

(Code 1965, § 4-15; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-998-398, § 1; Ord. 79-586-294, § 1; Ord. 83-591-400, § 1; Ord. 83-1156-554, § 1; Ord. 83-1238-644, § 1; Ord. 84-252-108, § 1; Ord. 85-127-64, § 1; Ord. 85-1567-819, § 2; Ord. 95-379-292, § 3; Ord. 1999-776-E, § 3; Ord. 2005-647-E, § 1; Ord. 2005-783-E, § 1; Ord. 2006-237-E, § 3; Ord. 2006-1376-E, § 1; Ord. 2014-612-E, § 2; Ord. 2016-729-E, § 3; Ord. 2017-588-E, § 2; Ord. 2017-657-E, § 1; Ord. 2024-731-E, § 1)

Editor's note— Section 1 of Ord. 81-568-224, effective July 29, 1981, provides as follows: "The prohibition contained in Section 412.106, Ordinance Code [this Section] against the sale and consumption of alcoholic beverages on property leased, owned or otherwise occupied by the City (except for certain facilities not relevant in this ordinance) shall not apply to the annual `Mayport and All That Jazz Festival.' The Council specifically authorizes the sale and consumption of alcoholic beverages, except 14 percent or more by weight alcoholic beverages, during the festival by persons providing food and drink and by persons attending the festival."

Note— Former § 412.106.

Sec. 154.108. - Consumption on vendor's premises.

(a)

As used in this Section, vendor shall mean a vendor of alcoholic beverages licensed by the State to sell at retail alcoholic beverages.

(b)

It is unlawful for any person to consume any alcoholic beverages, including beer and wine, on the premises of any vendor, except within the building which is the address of such vendor, on a patio adjacent to such building, or within a recreational area contiguous and attached to the building, and maintained and controlled by the vendor exclusively for recreational purposes, including but not limited to, golf facilities, tennis facilities, boating and fishing facilities, swimming facilities or other recreational purposes; provided, that such patio or recreational area meets the distance limitations of Chapter 656. As it relates to locations within the Downtown Overlay, as defined by Section 656.361.2 of this Code, alcoholic beverages may also be consumed as part of the operation of a downtown sidewalk café or bar as set forth in Part 8 of Chapter 250 of this Code, and as it relates to those shopping districts described in Section 209.902 of this Code, alcoholic beverages may also be consumed as part of the operation of a sidewalk café as set forth in Part 9 of Chapter 250 of this Code.

(c)

This Section shall not be construed to authorize consumption of any intoxicating liquor on any premises where such consumption would otherwise be prohibited by the provisions of an alcoholic beverage license or by a zoning regulation of the City.

(d)

Violation of this Section is a class D offense.

(Ord. 70-854-511, §§ 1—3, 5; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-484-252, § 1; Ord. 74-1034-525, § 1; Ord. 81-783-385, § 1; Ord. 83-591-400, § 1; Ord. 85-1567-819, § 3; Ord. 2025-772-E, § 1)

Note— Former § 412.107.

Sec. 154.109. - Preventing access to premises where alcoholic beverages served or consumed.

It shall be unlawful and a class D offense for any person operating an establishment which is open to members of the general public and where any alcoholic beverage is served or consumed on the premises to lock any main entranceway to the premises or otherwise prevent free and open access to the premises from the outside through a main entrance at any time when such establishment is open for the carrying on of business.

(Ord. 77-120-36, § 1; Ord. 83-591-400, § 1)

Note— Former § 412.108.

Sec. 154.110. - Special license for City; use of license.

(a)

The Mayor is authorized and directed to make application to the State Division of Alcoholic Beverages and Tobacco for the issuance to the City, as the legal successor to Duval County, of the special license permitted under F.S. § 561.20(2)(h). The license shall be issued in the name of the Jacksonville Civic Center and Sports Arena Authority in accordance with the City ordinance establishing such Authority.

(b)

The special license(s) shall be applicable only in and for facilities which are owned and operated by the City and in which the sale and consumption of alcoholic beverages are not otherwise prohibited. The Director designated by the Mayor shall be the executive officer in whose custody the special license shall be placed when it is received from the State, and he or she shall be responsible for making the necessary reports and giving necessary information to the State, when and as required by law or regulation. The Director, designated by the Mayor, shall be responsible for notifying the State whenever the special license is transferred from one qualified facility to another. The Director, designated by the Mayor, shall prescribe rules and procedures to implement this subsection.

(Ord. 84-862-439, § 1; Ord. 95-379-292, § 4)

Sec. 154.111. - Health dangers of consuming alcoholic beverages; health warning sign.

(a)

For the purposes of this Section, the following terms shall be defined and applied as follows:

(1)

Alcoholic beverage means and includes alcohol, spirits, liquor, wine and beer.

(2)

Vendor means any person who owns or operates a business establishment such as a bar or restaurant, which sells at retail any alcoholic beverage for on-premises consumption; and any person who owns or operates a liquor store or any other business establishment which has retail sales of alcoholic beverages.

(b)

All vendors shall have posted in a conspicuous place in their premises and in all restrooms a sign which is clearly visible and readable to all persons entering the premises which shall read as follows:

HEALTH WARNING

DRINKING ALCOHOLIC BEVERAGES SUCH AS BEER, WINE AND LIQUOR:

1.

DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.

2.

CAN CAUSE INTOXICATION.

3.

CAN CAUSE ADDICTION.

REDUCE YOUR RISKS

DO NOT DRINK BEFORE, OR WHILE, DRIVING OR OPERATING MACHINERY.

DO NOT MIX ALCOHOL WITH OTHER DRUGS (IT CAN BE FATAL).

DO NOT DRINK DURING PREGNANCY.

(c)

Violation of this Section shall be punishable by a fine of not more than $100 or by imprisonment for not more than 30 days, or both; provided, however, that the first offense cited at any location shall not constitute a violation pursuant to this Section and the vendor shall in such case only receive a warning notice for the first offense.

(Ord. 85-1156-766, § 1; Ord. 89-1305-650, § 1)

Sec. 154.112. - Consumption while operating a motor vehicle.

It shall be unlawful and a class D offense for any person to consume any alcoholic beverage while operating a motor vehicle on the public streets of the County. For the purpose of this Section, motor vehicle means the same as motor vehicle as defined in F.S. § 320.01, together with mopeds and any other motorized vehicle.

(Ord. 85-1567-819, § 4)

Sec. 154.113. - Certain practices prohibited.

(a)

Within the licensed premises or in any room or part thereof, it shall be unlawful and a class D offense for any vendor of alcoholic beverages licensed by the State to sell and serve alcoholic beverages for on-premise consumption, or for his employees or agents to:

(1)

Dispense any alcoholic beverages for consumption on the premises free of charge or at any time during a calendar week at a price other than the vendor's initial price that week for substantially the same amount and the same brand of alcoholic beverage dispensed, except at private functions not open to the public, which shall mean any function wherein the vendor has agreed to the use of all or part of his licensed premises by a person, firm, or organization for a set period of time for a valuable consideration;

(2)

Deliver more than two alcoholic beverage drinks to one person at one time for consumption by that one person;

(3)

Sell, offer to sell or deliver to any person or group of persons any alcoholic beverage drinks at a price less than that regularly charged for such drinks during the same calendar week, except at private functions not open to the public, as defined in subsection (1);

(4)

Sell, offer to sell or deliver to any person any unlimited number of alcoholic beverage drinks during any set period of time for a fixed price, except at private functions not open to the public, as defined in subsection (1);

(5)

Sell, offer to sell or deliver alcoholic beverage drinks to any persons on any one day or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not open to the public, as defined in subsection (1);

(6)

Sell, offer to sell or deliver malt beverages or mixed alcoholic beverage drinks by the pitcher except to two or more persons at any one time;

(7)

Increase the volume of alcoholic beverages contained in a drink without increasing proportionately the price regularly charged for such drink during the same calendar week;

(8)

Encourage, conduct, permit or authorize, on the vendor's premises, any game or contest which involves consumption of alcoholic beverages or the awarding of alcoholic beverages as prizes;

(9)

Encourage, conduct, permit or authorize, on the vendor's premises, "fight nights" or other similar amateur events, by whatever name, in which persons are allowed, engaged, encouraged or compensated for fighting, boxing, wrestling, kick boxing or using martial arts skills in a combative manner creating a public display and intended or purported to serve as entertainment, except as permitted in Section 154.113(c) hereof.

(10)

No vendor, his employees or agents, shall advertise or promote in any way, whether within or without the vendor's premises, any of the practices prohibited by subsections (1) through (9) of this Section.

(b)

Nothing contained in this Section shall be construed to prohibit vendors from offering free food or entertainment at any time; or to prohibit a vendor from including an alcoholic beverage drink as part of a meal package; or to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals or to more than one person; or to prohibit free wine tastings conducted or sponsored by an authorized agent of a distiller or wholesale or retail distributor; or to provide room services to registered guests.

(c)

The provisions of Section 154.113(a)(9) shall not be construed to apply to any match, contest or exhibition in a licensed premises, or in any location in which alcoholic beverages are served, in which:

(1)

The contestants are all amateurs. For purposes hereof, an amateur means a person who is not a professional as defined in F.S. § 548.002 and who engages in a match, contest or exhibition that is governed and authorized by USA Boxing, American Boxing and Athletic Association, International Sports Combat Federation, International Kickboxing Federation or Jacksonville Fraternal Order of Police Consolidated Lodge 5-30; and

(2)

The match, contest or exhibition is governed and authorized by USA Boxing, American Boxing and Athletic Association, International Sports Combat Federation, International Kickboxing Federation or Jacksonville Fraternal Order of Police Consolidated Lodge 5-30; and

(3)

The contestants, and any alternates, have registered and are matched at least seven days before the match, contest or exhibition; and

(4)

The contestants have not consumed, used or are under the influence of any alcoholic beverage or illegal drug; and

(5)

The following items are posted at the entrance to the licensed premises at least one hour before and throughout the duration of each match:

(i)

Original written certification that the match or contest is sanctioned by one of the organizations listed in Section 154.113(c)(2);

(ii)

A list of the matched pairings for each contest, including a list of alternates and the pairings for which the alternates qualify; and

(iii)

A sworn statement, certified by a notary public licensed by the State of Florida, that the matched pairings for each contest were established at least seven days before the contest. The sworn statement shall be certified and dated at least seven days before the match.

In addition to the provisions of Section 154.113(a), any promoter or person participating in a match, contest or exhibition in violation of Sections 154.113(a) or 154.113(c) shall be guilty of a Class D offense. In addition to the foregoing penalty, if a law enforcement officer determines that the requirements of Sections 154.113(a)(9) and 154.113(c) have not been satisfied, the law enforcement officer may immediately terminate the fight, contest or exhibition. For purposes hereof, the term "promoter" means any person, including any officer, director, employee or stockholder of a corporate promoter, who produces, arranges or stages any match, contest or exhibition in a licensed premises.

The provisions of Section 154.113(c) shall not apply to:

(i)

Any match, contest or exhibition governed by F.S. Ch. 548, or

(ii)

Professional wrestling events governed and authorized by a nationally recognized sanctioning body in which the contestants derive at least 50 percent of their annual gross income from professional wrestling.

(Ord. 85-1567-819, § 5; Ord. 2002-516-E, § 1; Ord. 2002-619-E, § 1)

Sec. 154.114. - Special License for Ritz Theatre and LaVilla Museum; Use of License.

(a)

The Mayor is authorized and directed to make application to the State Division of Alcoholic Beverages and Tobacco for the issuance to the City, as the legal successor to Duval County, of the special license permitted under F.S. § 561.20(2)(j) (performing arts centers). The license shall be issued in the name of the City of Jacksonville.

(b)

The special license shall be applicable only in and for the Ritz Theatre and LaVilla Museum. The Executive Director of the Ritz Theatre and LaVilla Museum, as designated by the Mayor, shall be the executive officer in whose custody the special license shall be placed when it is received from the State, and he or she shall be responsible for making the necessary reports and giving necessary information to the State, when and as required by law or regulation. The Executive Director of the Ritz Theatre and LaVilla Museum, as designated by the Mayor, shall prescribe rules and procedures to implement this subsection.

(c)

Any revenue received from the sale of alcoholic beverages sold under the license authorized by this Section shall be deposited into the LaVilla Cultural, Historical and Heritage District Trust Fund established in Section 111.150, Ordinance Code.

(Ord. 2005-647-E, § 1; Ord. 2006-422-E, § 124)

Sec. 154.115. - Jacksonville Riverwalk Specialty Center.

(a)

Creation of Jacksonville Riverwalk Specialty Center. Pursuant to F.S. § 561.20(2)(b), the City does hereby create and establish a specialty center along and contiguous to the Northbank and Southbank Riverwalks adjacent to the St. Johns River Downtown with the areas and boundaries as set forth and designated in Figure 1 below, to be called the Jacksonville Riverwalk Specialty Center.

(b)

Possession of open containers of alcohol within the Jacksonville Riverwalk Open Container Area.

(1)

A person who legally obtains an alcoholic beverage from a licensed premises within the Jacksonville Riverwalk Specialty Center may possess and/or consume the alcoholic beverage within the Jacksonville Riverwalk Open Container Area so long as the alcoholic beverage is in an Approved Container.

(2)

A person may only enter a licensed premises with an alcoholic beverage if the alcoholic beverage is in an Approved Container and only into that portion of the licensed premises that extends into the Jacksonville Riverwalk Open Container Area.

(3)

No person may possess more than two open containers of alcoholic beverage in an Approved Container while in the Jacksonville Riverwalk Open Container Area.

(c)

Open container in public parks not allowed. Except by valid permit or license, no person shall possess or consume in any public park within the Jacksonville Riverwalk Specialty Center any open container of alcoholic beverage. However, if an event is permitted by the City which allows alcoholic beverages in a park within the Jacksonville Riverwalk Specialty Center, then that park may be included within the Jacksonville Riverwalk Open Container Area for the duration of the event, provided such is requested by the event permit holder and approved as part of the event permit. During the time of such event, alcohol may be consumed in the Jacksonville Riverwalk Open Container Area in an approved container issued by the holder of the event permit.

(d)

Open containers of alcoholic beverages purchased outside the Jacksonville Riverwalk Specialty Center not allowed in the Jacksonville Riverwalk Specialty Center. Except as provided in this Section, possession of any open container containing an alcoholic beverage within the Jacksonville Riverwalk Specialty Center shall be unlawful and punishable in accordance with the appropriate laws.

Figure 1: Jacksonville Riverwalk Open Container Area

(Ord. 2023-863-E, § 2)

PART 2. - BOTTLE CLUBS

Sec. 154.201. - Definition.

For the purposes of this Part "bottle club" means a commercial establishment, operated for a profit, whether or not a profit is actually made, wherein patrons consume alcoholic beverages which are brought onto the premises and not sold or supplied to the patrons by the establishment, whether the patrons bring in and maintain custody of their own alcoholic beverages or surrender custody to the establishment for dispensing on the premises, and which is located in a building or other enclosed permanent structure. This definition does not apply to sporting facilities where events sanctioned by nationally recognized regulatory athletic or sports associations are held, bona fide restaurants licensed by the State Division of Hotels and Restaurants of the Department of Business and Professional Regulation whose primary business is the service of full course meals, or hotels and motels licensed by the State Division of Hotels and Restaurants of the Department of Business and Professional Regulation.

(Ord. 75-678-577, § 1; Ord. 83-591-400, § 1)

Note— Former § 412.301.

Sec. 154.202. - Certain regulations to apply.

No owner of a bottle club nor his agents, servants, employees or any other person or persons using the premises with the owner's knowledge and consent shall permit alcoholic beverages to be served to minors; in addition, no owner of a bottle club nor his agents, servants, employees or any other person or persons using the premises with the owner's knowledge and consent shall permit prostitution or solicitation of prostitution on a premises operated as a bottle club, permit gambling or solicitation of gambling on the premises, permit the premises to be operated as a disorderly place or public nuisance or permit therein a violation of any City ordinance regulating moral decency.

(Ord. 75-678-577, § 1; Ord. 83-591-400, § 1)

Note— Former § 412.302.

Sec. 154.203. - Hours of operation.

Bottle clubs, as hereinbefore defined, shall be open for operation or have patrons on the premises on Monday through Saturday only from 6:00 a.m. until 2:00 a.m. the following day, local time. No bottle club shall operate or have patrons on the premises during any hours except those established herein.

(Ord. 75-678-577, § 1; Ord. 83-591-400, § 1)

Note— Former § 412.303.

Sec. 154.204. - Penalty.

It is unlawful and a class D offense for a person or corporation operating a bottle club to violate any provision of this Part. A person and, in the case of a corporation, the officer thereof, violating the provisions of this Part, shall, upon conviction, be punished as provided for a class D offense.

(Ord. 75-678-577, § 1; Ord. 76-270-286, § 1; Ord. 83-591-400, § 1)

Note— Former § 412.304.

Sec. 154.205. - Construction.

This Part shall not be construed to authorize the operation of a bottle club or the consumption of any alcoholic beverage on any premises where the operation or consumption is otherwise prohibited by a zoning regulation of the City.

(Ord. 75-678-577, § 1; Ord. 76-270-286, § 1; Ord. 83-591-400, § 1)

Note— Former § 412.305.

PART 3. - HOURS OF SALE[2]

Footnotes: --- (2) ---

Editor's note— Former §§ 154.302 through 154.306, relative to Sunday sales of alcoholic beverages, were repealed by § 1 of Ord. 90-582-338. Former §§ 154.302 through 154.306 derived from §§ 2—4 of Ord. 69-28-41; §§ 1, 2 of Ord. 69-115-74; § 1 of Ord. 69-540-346; Ord. 70-650-526; Ord. 71-397-181; § 5 of Ord. 72-132-66; § 1 of Ord. 72-622-315; § 1 of Ord. 74-1335-615; § 1 of Ord. 81-739-383; § 1 of Ord. 83-591-400; §§ 7—10 of Ord. 85-1567-819; §§ 2—4 of Ord. 90-388-333.

Sec. 154.301. - Hours of operation.

The sale, consumption and service of all alcoholic beverages, including liquor, beer and wine, in all establishments licensed by the State to sell alcoholic beverages is permitted on Monday through Sunday from 6:00 a.m. until 2:00 a.m. the following day, local time, provided, however, and in standing with the provisions of F.S. § 562.14, such establishments may remain open and be utilized between the hours of 2:00 a.m. and 6:00 a.m. as long as no alcoholic beverages are sold, served or consumed on the licensed premises during that time period.

(Ord. 69-28-41, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-132-66, § 4; Ord. 83-591-400, § 1; Ord. 85-1567-819, § 6; Ord. 90-582-388, § 2; Ord. 97-1051-E, § 1)

Note— Former § 412.401.

Secs. 154.302—154.306. - Reserved.

PART 4. - GENERAL PENALTIES

Sec. 154.401. - Penalties.

(a)

It is unlawful for any person to violate any provision of this Chapter.

(b)

Unless otherwise specified elsewhere in this Chapter, any person violating any of the provisions of this Chapter shall upon conviction be punished by a fine in the amount from $250 to $500 and shall be required to perform from 72 to 720 hours of community service and may be punished by imprisonment of not more than ten days.

(c)

Reserved.

(d)

All sentences for violations of this Chapter shall run consecutively.

(Ord. 90-388-333, § 5)

Sec. 154.402. - Civil remedies.

In addition to all other relief available, the General Counsel is authorized to seek injunctive relief to remedy any violation of this Chapter.

(Ord. 90-388-333, § 5)

Sec. 151.510. - Area of enforcement. Chapter 155 - ADULT ARCADE AMUSEMENT CENTER