Sec. 250.801. - Definitions.

Adjacent means being located in the area bounded by the café, bar or restaurant property, the invisible line extending from the property side lot lines to the street, and the street, and any sidewalk extension that provides more space and amenities for people using the street for extended seating, as approved by DIA. For those café, bar or restaurant properties that are located at the intersection of two or more streets, the area includes that portion of the sidewalk located between the invisible line extending from the two property front lot lines to the street. Bar means a bona fide standard bar which does not have a requirement to derive any portion of its sales from food or other non-alcoholic beverages located within the Downtown Overlay as defined by Section 656.361.2 and shall be subject to the following criteria: a. All beverages (including alcoholic beverages) are prohibited from being prepared outside the main structure on the premises of the bar (including the sidewalk area or alleyway) and all beverages (including alcoholic beverages) must be served from within the main structure on the premises of the bar. b. The bar shall be properly licensed by the State of Florida to serve alcoholic beverages (including those served in the sidewalk cafe area or alleyway). c. The bar owner shall, in addition to all other requirements of law, take reasonable steps to insure that alcoholic beverages are consumed only by patrons of the bar who are of legal age and not by passersby or persons who are not of legal age or who are obviously intoxicated. Patrons of the bar shall not be allowed to leave the bar or sidewalk cafe area while drinking alcoholic beverages. Reasonable steps shall include the use of moveable barriers, such as moveable planters or fences to define the permitted area, supervision of the outside area by security or staff personnel, and/or surveillance by electronic monitors. Failure by the bar owner to take such reasonable steps and use them at all times that alcoholic beverages are consumed in the sidewalk cafe area is grounds for termination of the sidewalk cafe permit and shall not be deemed an adverse action against the issuance of any future the sidewalk cafe permit. Cafe or restaurant means a bona fide standard cafe or restaurant located within the boundaries of the Downtown Overlay as defined by Section 656.361.2 , (and meeting the definition of commercial zone) and shall be subject to the following criteria: a. All food must be prepared on the premises of the cafe or restaurant (excluding the sidewalk area) and all food and beverages must be served from the premises of the cafe or restaurant. b. The cafe or restaurant shall, on an annual-calendar year-basis, derive not less than 51 percent of its gross income from the sale of food and nonalcoholic beverages prepared, sold and consumed on the premises and sidewalk area. c. The cafe or restaurant shall be open for the sale and purchase of prepared food at any time alcoholic beverages are available for sale and purchase. d. The cafe or restaurant owner shall comply at all times with the Downtown Property Maintenance Code. Commercial zone means abutting property which is zoned CCBD, CCG-1 or CCG-2 pursuant to City Code Chapter 656 , Zoning Code or any other zone which may be created as a successor zone to such existing commercial zones within the jurisdictional area of the Jacksonville Downtown Development Authority (herein, DIA). Community event means an event wherein the DIA anticipates crowds sufficient to necessitate utilization of all of the sidewalk area or alleyway for pedestrian or crowd control needs. A community event may be restricted to some or all areas wherein sidewalk cafe permits have been issued. Operate a downtown sidewalk cafe or bar means serving food or beverage (including alcoholic beverages) if the cafe or restaurant, or bar is legally authorized to serve same) from a cafe, restaurant or bar to patrons seated at tables located within the sidewalk area or alleyway adjacent to the café, bar or restaurant frontage. Excluded and precluded from this definition is the preparation or storage of food/beverage (including alcoholic beverages) on the sidewalk or alleyway. Such approved and valid sidewalk cafe or bar permitted areas are deemed part of the permitted premises for all requirements of the law. Sidewalk means the paved pedestrian walkway alongside the street. (Ord. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2; Ord. 2011-443-E, § 2; Ord. 2011-727-E, § 1; Ord. 2012-364-E, § 10; Ord. 2025-772-E , § 2)