Nightclub

The additional regulations set forth below shall be applicable to all alcoholic service establishments that have been designated as nightclubs.

(1)

It shall be unlawful for any person to refuse or prevent or attempt to prevent reasonable inspection of any portion of any nightclub premises by any city official during any hour in which a nightclub is open for business.

(2)

A nightclub business tax receipt issued by the city manager's designee is required in addition to any other requirement to qualify that the applicant is of good moral character. In making such determination, the applicant shall present to the city manager's designee the following qualifications:

a.

Certificate of use. Issued by the office of zoning.

b.

State licensure. Issued by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco.

c.

Business tax receipt history. Whether such applicant in previously operating in this or another state under a business tax receipt has had such business tax receipt revoked or suspended, and the reasons therefor.

d.

General personal history. Such other facts relevant to the general personal history of the applicant as necessary to make a fair determination of the eligibility of the applicant.

(3)

Nonrenewal for certain convictions during a preceding year.

a.

No nightclub business tax receipt shall be issued, renewed, or allowed a business name change at any time during a business tax receipt year at the location of any nightclub that previously possessed a nightclub business tax receipt when the holder or any managing agent or employee of the holder of a nightclub business tax receipt at such location has been convicted of a violation of this chapter or the alcoholic beverage laws of the state during the then-current business tax year or during a one-year period to any application request therefor or during the city's tax year immediately preceding such new licensing year.

b.

A designation of the conviction relied upon by the city under the foregoing paragraph may be obtained at or before the start of the business tax year or prior to the date such business tax receipt is sought by request made to the city manager or designee.

c.

Any person subject to the foregoing provision may request and obtain a hearing before the city commission. After a public hearing, the city commission may authorize or deny the issuance or renewal of new nightclub business tax receipt to such person or grant or refuse the request for a change of name on a nightclub business tax receipt providing any applicable provision of section 31-35 is fulfilled relative to such request. A holder of a nightclub business tax receipt for the year preceding the new business tax year, subject to the provisions of this section, shall not be considered to be operating without a current nightclub business tax receipt pending the hearing.

(Ord. No. 13734, § 3, 1-25-18)