Title 33 · Chapter 33 - ALCOHOLIC BEVERAGES

Chapter 33 - ALCOHOLIC BEVERAGES

Section: 33

Sec. 32.17. - Right of Revision. Chapter 35 - LAKES AND BOATING Chapter 33 - ALCOHOLIC BEVERAGES[1]

Footnotes: --- (1) ---

Editor's note— Sections 33.12—33.14 were repealed by ordinance dated August 19, 1985, Doc. #19642.

All sections of ch. 33 were amended by ordinance dated December 7, 1992, Doc. #26217, deleting all references to "Director of Parks and Recreation" and all references to "Parks and Recreation Department" and substituting in lieu thereof "Director of Community and Youth Services" and "Community and Youth Services Department."

Section 33.11 was repealed and replaced by a new § 33.11 and a new § 33.12 was added by ordinance dated July 26, 1993, Doc. #26765.

Section 33.03 was amended by ordinance dated January 12, 2004, Doc. #040112905, deleting references to "Director of Community and Youth Services" and substituting in lieu thereof "Families, Parks and Recreation Director".

Sec. 33.01. - Conformity with State Law.

This Chapter shall be construed according to and in conformity with the laws and regulations of Florida concerning alcoholic beverages, commonly referred to and referred to herein as the "Beverage Law," consisting of Chapters 561-565, 567, and 568, Florida Statutes, as amended, and the Florida administrative regulations implementing the statutes, as amended.

(Ord. of 9-8-1997, Doc. #30572; Ord. No. 2013-60, § 3, 12-9-2013, Doc. #1312091201)

Sec. 33.02. - Classifications and Definitions.

The classifications and definitions contained in the Beverage Law are hereby adopted as the classifications and definitions for this Chapter. Additional definitions for this Chapter are set forth as follows:

(a)

Alcoholic beverage establishment. Alcoholic beverage establishment (also sometimes referred to as "establishment") means any establishment that possesses an alcoholic beverage license, including any establishment licensed as a bottle club, as defined in s. 561.01, Fla. Stat., issued by Florida's Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Bureau of Licensing, or successor agency.

(b)

Amway Center. Amway Center means the sports and entertainment arena located at 400 W. Church Street in Downtown Orlando.

(c)

Central Florida Fairgrounds. Central Florida Fairgrounds means the approximately 87-acre fairgrounds and exposition park located at 4603 W. Colonial Drive in Orlando.

(d)

Commercial establishment. Commercial establishment means any establishment that operates for pecuniary gain whether or not pecuniary gain is actually achieved.

(e)

Dr. Phillips Center for the Performing Arts. Dr. Phillips Center for Performing Arts means the multi-hall performing arts center located at 445 S. Magnolia Avenue in Downtown Orlando.

(f)

Dubsdread Golf Course. Dubsdread Golf Course means the public golf course located at 549 W. Par Street in Orlando.

(g)

Camping World Stadium. Camping World Stadium. (also sometimes referred to as the "Florida Citrus Bowl" or "Citrus Bowl") means the outdoor sports and entertainment stadium located at 1 Citrus Bowl Place in Downtown Orlando.

(h)

Harry P. Leu Gardens. Harry P. Leu Gardens (also sometimes referred to as "Leu Gardens") means the approximately 50-acre botanical garden located at 1920 N. Forest Avenue in Orlando.

(i)

Heritage Square. Heritage Square means the public park located next to the Orange County Regional History Center at 65 E. Central Boulevard in Downtown Orlando.

(j)

Mayor Bob Carr Performing Arts Centre. Mayor Bob Carr Performing Arts Centre (also sometimes referred to as the "Bob Carr Performing Arts Centre") means the arts and entertainment auditorium located at 401 W. Livingston Street in Downtown Orlando.

(k)

Normal business hours. Normal business hours means those hours during which the establishment may lawfully serve, dispense, permit consumption, or sell alcoholic beverages pursuant to section 33.03 of this Code.

(l)

Orlando International Airport. Orlando International Airport means the major international airport located at 1 Jeff Fuqua Boulevard in Orlando.

(m)

Premises. Premises means "licensed premises" as defined by the Beverage Law.

(n)

Principal business is the sale, service, or consumption of alcoholic beverages. Principal business is the sale, service, or consumption of alcoholic beverages means an alcoholic beverage establishment whose gross sales of alcoholic beverages, including entrance fees, cover charges, storage fees, corkage fees, or any similar fees, comprises 51% or more of the total gross sales of food, non-alcoholic beverages, and alcoholic beverages for on-premises consumption during normal business hours as defined in this section.

(o)

Prohibited hours. Prohibited hours means those hours during which the establishment may not lawfully serve, dispense, sell, or permit consumption of alcoholic beverages pursuant to this Chapter.

(p)

Responsible Person. Responsible Person means the permittee, owner, proprietor manager, assistant manager, employee, or other person exercising control over the operation of an establishment.

(Ord. of 9-8-1997, Doc. #30572; Ord. of 8-10-1998, Doc. #31423; Ord. of 11-9-1998, Doc. #31680; Ord. of 6-24-2002, § 1, Doc. #020624701; Ord. of 9-20-2010, § 1, Doc. #1009201102; Ord. No. 2013-60, § 4, 12-9-2013, Doc. #1312091201; Ord. No. 2016-67, § 1, 9-15-2016, #1609151204; Ord. No. 2022-46, § 2, 9-26-2022, Doc. #2209261202)

Editor's note— Ord. No. 2016-67, § 3, adopted September 15, 2016, Document # 160915120 states "the temporary moratorium on the opening of new afterhours nightclubs and on the expansion or relocation of any existing afterhours nightclubs, enacted pursuant to Ordinance No. 2015-58 and extended by Ordinance No. 2016-40, is hereby terminated."

Sec. 33.03. - Hours of Service, Sale, and Consumption.

Except as otherwise provided in this section, no alcoholic beverages shall be sold, consumed, or served, or permitted to be served or consumed in any place, within the City of Orlando, not including the Downtown Entertainment Area, "DEA," as described in section 42.07(6), Orlando City Code, whose principal business is the sale, service, or consumption of alcoholic beverages; or sold at any other place (collectively hereinafter "establishment") in any manner between the hours of 2:00 a.m. and 7:00 a.m., Monday through Saturday, and between the hours of 2:00 a.m. and 9:00 a.m. on Sunday.

Within the DEA, no alcoholic beverages shall be sold, consumed, or served, or permitted to be served or consumed in any place licensed for on-premises consumption, whose principal business is the sale, service, or consumption of alcoholic beverages; or sold at any other place for on-premises consumption in any manner between the hours of 12:00 a.m. and 7:00 a.m., Monday through Saturday, and between the hours of 12:00 a.m. and 9:00 a.m. on Sunday.

Notwithstanding the above, within the DEA, alcoholic beverages may be sold, consumed, or served, or permitted to be served or consumed in any place licensed for on-premises consumption between the hours of 12:00 a.m. and 2:00 a.m. if permitted in accordance with this section or exempted from such requirement by this section. Any establishment located within the DEA that is exempted or otherwise not required to obtain a permit under this section shall be governed by the same hours of sale otherwise applicable within the City of Orlando.

(A)

Permit Required. Any establishment within the DEA that is licensed under the state beverage laws and desires to remain open for the purpose of the sale, service, or consumption of alcoholic beverages between the hours of 12:00 a.m. and 2:00 a.m., may make application with the City of Orlando for an After Midnight Alcohol Sales Permit, "Permit." However, civic auditoriums and sports arenas, as defined by Chapter 159, Fla Stat., public lodging establishments regulated by Chapter 509, Fla. Stat., and motion picture theaters, as defined by Chapter 540, Fla. Stat., are exempted from the Permit requirement so long as their principal business is not the sale, service, or consumption of alcoholic beverages. No Permit may be issued to an establishment that has any outstanding obligations to the City, including but not limited to any code violations or liens.

(B)

Application Form. The Application Form for a Permit shall be provided by the City and will require information about the establishment, including, though not exclusively, the name and address of the establishment, the name(s) and address(es) of the owner(s) of the establishment and the property on which the establishment is located, the name(s) of the Responsible Person(s), the maximum occupancy of the establishment, the amount of required parking, if any, the type of alcohol license possessed by the establishment, and the name and address where notices related to enforcement of this section are to be mailed or delivered. Permit holders are required to amend their Permit application that is on file with the City within ten (10) days of any change in the information set forth on the application form.

(C)

Permit Application Fee. Prior to the issuance of a new or renewal Permit under this section, the applicant shall be required to pay a fee as set forth by resolution of the City Council for the City of Orlando. The application fee will be utilized to reimburse the City for its costs to administer the Permit program, as well as inspecting and regulating the use that has been authorized under a Permit.

(D)

Public Safety Measures.

(i)

Police Protection and Security. The Chief of Police shall determine whether and to what extent state-licensed private security or police protection is reasonably necessary inside and outside of permitted establishments for the purpose of traffic control and public safety. The Chief of Police shall base this decision on the occupancy, type of alcohol license, traffic control, history of violent incidents that have previously occurred at or were related to the establishment, and any other factor reasonably related to public safety. If such police protection or security is deemed necessary by the Chief of Police, the City will inform the Permit applicant, specifying the number of state-licensed security that are necessary to be placed inside the establishment, the number of police officers that are necessary to be placed outside of the establishment and the number, and the particular time and days that such state-licensed security or police officers are required. Officers placed outside the establishment may be deployed anywhere within the Downtown Entertainment Area by the Chief of Police, or his or her designee, to most effectively provided for traffic control and public safety. The applicant shall secure the police protection or state-licensed private security deemed necessary by the Chief of Police at the sole expense of the applicant.

(ii)

Weapons Detection System. The Chief of Police shall determine whether and to what extent a weapons detection system, e.g., metal detectors, are reasonably necessary within the establishment. The Chief of Police shall base this decision on the occupancy, type of alcohol license, history of violent incidents that have previously occurred at or were related to the establishment, and any other factor reasonably related to public safety. If a weapons detection system is deemed necessary by the Chief of Police, the City will inform the applicant of the minimum requirements and quantity of weapons detectors needed, the necessary detection abilities of the system, and the particular days and times that the system is required to be used.

Each patron who enters the establishment without being checked by the weapons detection system as required by their Permit shall be considered a separate violation of the terms of the Permit.

(iii)

Identification Scanners. The Chief of Police shall determine whether and to what extent identification (ID) scanners are reasonably necessary within the establishment. The Chief of Police shall base this decision on the occupancy, type of alcohol license, history of underage drinking at the establishment, history of violent incidents that have previously occurred at or were related to the establishment, and any other factor reasonably related to public safety.

If ID scanners are deemed necessary by the Chief of Police, the City will inform the applicant of the minimum requirements and quantity of ID scanners needed, and the particular days and times that ID scanners are required to be used.

Each patron who enters the establishment whose ID is not scanned as required by the Permit shall be considered a separate violation of the terms of the Permit.

(iv)

Occupancy Load Monitoring. Each establishment shall employ a verifiable occupancy load monitoring system within the establishment and keep a count of all individuals within the establishment between 10:00 p.m. and the time of closing. Such count must be readily provided to any officer of the City acting in their official capacity by the establishment upon request.

(E)

Permit Review. The City's Chief Administrative Officer, or his or her designee, will review the Permit Application and, if the application is complete, a Permit shall be issued to the establishment authorizing it to sell alcohol between the hours of 12:00 a.m. (midnight) and 2:00 a.m., subject to the conditions of the Permit, as well as the provisions of this section and applicable laws, rules, and regulations.

(F)

Conditions of Permit. Each establishment must abide by all reasonable conditions placed upon the After Midnight Alcohol Sales Permit, including, but not limited to the Public Safety Measures outlined in this section, and any requirements associated with such establishment's Retail Beverage license and Chapter 562, Fla. Stat.

(G)

Display of Decal. Upon the issuance of a Permit under this section, the City shall also issue a decal to the establishment indicating the establishment's hours of operation, occupancy, and the expiration of the Permit. Such decal shall be conspicuously displayed at or about the primary place of ingress of the establishment in a fashion that it is visible from outside the establishment.

(H)

Permit Effective Term. The Permit is effective for a 12-month term, unless revoked or suspended as provided herein, or in the event the establishment ceases to operate at the Permit location. Each Permit issued under this section must be renewed annually. In addition, within ten (10) days after a change in ownership or a change in location of the establishment during the term, the establishment must submit a new application for a Permit.

(I)

Prohibition. Except as otherwise provided in this section, no establishment may sell, serve, or permit to be served or consumed, alcoholic beverages between the hours of 12:00 a.m. (midnight) and 7:00 a.m. Monday through Saturday or between the hours of 12:00 a.m. (midnight) and 9:00 a.m. on Sunday in the DEA, unless it is operating under a valid and effective Permit.

(J)

Prior to Midnight. The provisions of this section shall not impair or impact an establishment's right to remain open and sell, serve, or permit to be served or consumed, alcohol between the hours of 7:00 a.m. and 12:00 a.m. (midnight) Monday through Saturday and between the hours of 9:00 a.m. and 12:00 a.m. (midnight) on Sunday, if otherwise authorized by law.

(K)

No Right to Permit. The ability to sell, offer for sale, provide service, or permit to be served or consumed upon the premises of any establishment, any alcoholic beverage between the hours of 12:00 a.m. (midnight) and 2:00 a.m. within the DEA is hereby declared to be and is a privilege subject to suspension or revocation by the City, and no person may reasonably rely on a continuation of that privilege.

(L)

Suspension of Permit.

(i)

An establishment's After Midnight Alcohol Sales Permit shall be suspended if a hearing officer appointed by the City, finds that:

a.

On any occasion the establishment's agents, officers, employees, or contractors, including but not limited to promoters operating at an establishment, while working at or on behalf of the establishment have:

i.

Knowingly, recklessly, or negligently permitted the establishment to be the site of violation of any provision of Chapter 790, Fla. Stat., relating to Weapons and Firearms;

ii.

Knowingly, recklessly, or negligently permitted the establishment to be the site of any violation of any provision of Chapter 794, Fla. Stat., relating to Sexual Battery; or

iii.

Knowingly, recklessly, or with gross negligence permitted the establishment to be the site of the violation of any provision of Chapter 893, Fla. Stat., relating to the sale or delivery of a controlled substance.

b.

On any occasion, the establishment has been the site of:

i.

Any violation of any provision of Chapter 782, Fla. Stat., relating to Homicide.

c.

On two (2) occasions within a consecutive three-month period, the establishment's agents, officers, employees, or contractors, including but not limited to promoters operating at an establishment, while working at or on behalf of the establishment have:

i.

Knowingly, recklessly, or with gross negligence failed to comply with any condition of the After Midnight Alcohol Sales Permit;

ii.

Knowingly, recklessly, or with gross negligence permitted the establishment to be the site of the violation of any provision of Section 43.06, Orlando City Code, relating to Disorderly Conduct;

iii.

Knowingly, recklessly, or with gross negligence permitted the establishment to be the site of any violation of any provision of sections 784.011 or 784.021, Fla. Stat., relating to Assault or Aggravated Assault;

iv.

Knowingly, recklessly, or with gross negligence permitted the establishment to be the site of any violation of any provision of sections 784.03, 784.041, or 784.045, Fla. Stat. relating to Battery, Felony Battery, Domestic Battery by Strangulation, or Aggravated Battery;

v.

Knowingly, recklessly, or with gross negligence permitted the establishment to be the site of the violation of any provision of Chapter 849, Fla. Stat., relating to Gambling;

vi.

Negligently permitted the establishment to be the site of any violation of any provision of Chapter 893, Fla. Stat., relating to the sale or delivery of controlled substances

vii.

Knowingly, recklessly, or with gross negligence permitted the establishment to be the site of the violation of any provision of Chapter 893, Fla. Stat., relating to possession of a controlled substance.

d.

On two (2) occasions within a consecutive three-month period, the establishment has been the site of:

i.

Any violation of any provision of Chapter 790, Fla. Stat., relating to Weapons and Firearms; or

ii.

Any violation of any provision of Chapter 794, Fla. Stat., relating to Sexual Battery.

e.

On three (3) occasions within a consecutive three-month period, the establishment's agents, officers, employees, or contractors, including but not limited to promoters operating at an establishment, while working at or on behalf of the establishment have.

i.

Negligently failed to comply with any condition of the After Midnight Alcohol Sales Permit; or

ii.

Knowingly, recklessly, or negligently permitted the establishment to be the site of a violation of any provision of Chapter 42, Orlando City Code, relating to Noise;

iii.

Negligently permitted any violation of any provision of section 43.06, Orlando City Code, relating to Disorderly Conduct;

iv.

Negligently permitted any violation of any provision of sections 784.011 or 784.021, Fla. Stat., relating to Assault or Aggravated Assault;

v.

Negligently permitted any violation of any provision of sections 784.03, 784.041, or 784.045, Fla. Stat. relating to Battery, Felony Battery, Domestic Battery by Strangulation, or Aggravated Battery;

vi.

Negligently permitted any violation of any provision of Chapter 849, Fla. Stat., relating to Gambling; or

vii.

Negligently permitted any violation of any provision of Chapter 893, Fla. Stat., relating to the possession of a controlled substance.

(ii)

Duration of Suspension:

a.

Suspensions shall be for a period of thirty (30) days, beginning on the date of the finding of suspension by the hearing officer appointed by the City.

b.

Should additional grounds for suspension occur while the establishment's Permit is suspended, any additional period of suspension proscribed by this section shall be served consecutively.

(iii)

Prior to or during a suspension for a specific violation, an establishment may submit to the City a mitigation plan that has cured or is reasonably designed to cure or otherwise prevent future occurrences of the violation(s) which constituted the grounds for suspension. In determining if the mitigation plan submitted by the establishment has cured or is reasonably designed to cure or otherwise prevent future occurrences of the violation, the City may consider any relevant information, including but not limited to, input from the Orlando Police Department, Code Enforcement, the Fire Marshall, and citizen complaints regarding the establishment.

(iv)

If the City finds that the establishment has a mitigation plan that has cured, is reasonably designed to cure, or otherwise taken reasonable actions to prevent future occurrences of the violation, then, in lieu of a suspension, if it has not yet been imposed, or otherwise in lieu of the remainder of the suspension, the City may amend the establishment's After Midnight Alcohol Sales Permit to include, as a condition thereof, the mitigation plan. No establishment has a right to alter the conditions of the Permit in lieu of suspension.

(v)

If the same type of violation has occurred three or more times at an establishment, it shall be prima facie evidence that the establishment has negligently permitted the establishment to be the site of such violation. Evidence that the establishment immediately reported a violation to the police shall be evidence rebutting such presumption.

(vi)

Where multiple violations have occurred at an establishment, different violations may be combined to form the minimum required number of violations, however, such combination of violations must have occurred the minimum number of times of the least restrictive violation thereof.

(M)

Revocation of Permit. The City shall revoke the Permit if:

(i)

Information provided in the application for the Permit, including a renewal Permit, is false, deceptive, willfully incorrect, or intentionally misleading; or

(ii)

The establishment's After Midnight Alcohol Sales Permit has been suspended three (3) times within a consecutive 12-month period.

(N)

Procedures.

(i)

Notice and Opportunity to be Heard

a.

A hearing before a hearing officer appointed by the City will be held whenever grounds for suspension or revocation exist pursuant to this section. The permittee must be advised in writing of the date, time, and place of such hearing either by personal service upon a Responsible Person at the establishment or by notice mailed by certified mail to the address provided on the Permit, no later than seven (7) days before the date of the hearing.

b.

The hearing will be conducted in accordance with the principles of due process and shall not be subject to the formal rules of evidence. The City bears the burden to prove the basis for suspension or revocation by a preponderance of the evidence. It is the responsibility of any party wishing to have a transcript of the proceedings to provide a stenographer at their own expense.

c.

The hearing officer shall base the order on the criteria listed in this section. For the purposes of suspension or revocation under this section, calculation of the time periods will be construed from the date each violation occurred. Guilty pleas, no contest pleas, default judgments, payment of citations, or any other finding of a violation by a court of competent jurisdiction or by the procedure provided within City Code shall constitute proof of a prior violation, regardless of whether adjudication was withheld or not. Nothing in this section shall be deemed to allow permittees to relitigate previously adjudicated violations. Code enforcement officers may bring proof of separate violations to the hearing officer which, if proven by a preponderance of the evidence to have occurred, shall be counted towards the total number of violations.

(O)

Appeal. Within fourteen (14) days after the issuance of an order of suspension or revocation, the establishment may request a hearing before the Code Enforcement Board to appeal the suspension or revocation. The request for a hearing in front of the Code Enforcement Board must be in writing and shall not stay the effect of a Suspension or Revocation Order. The request must allege findings of fact and conclusions of law supporting the establishment's challenge. The Code Enforcement Board will hear the challenge at its next available regular meeting and shall conduct a de novo hearing in accordance with its regular rules of evidence and procedure.

(P)

Decision on Appeal. Upon conclusion of the hearing, the Code Enforcement Board shall make findings of fact, conclusions of law, and issue an order either upholding the suspension or revocation of the Permit or quashing the suspension or revocation. The finding by the Code Enforcement Board shall be the final action by the City.

(Q)

Suspension and Revocation Not Exclusive Enforcement Mechanisms. Nothing in this section shall be construed or interpreted to prohibit the City from enforcing its codes and ordinances by means other than those provided by this chapter, including without limitation, by summons, notice to appear in court, arrest, issuance of a citation, a civil action, stop work order, statutory code enforcement proceedings, or demolition.

(R)

Exhaustion of Administrative Remedies. Judicial review of a Permit revocation is available only after all applicable administrative appeal remedies provided by this chapter have been exhausted. Filing a petition for judicial review or other such pleading shall not stay a suspension or revocation unless so ordered by the circuit court.

(S)

Reapplication for Permit. After an establishment's Permit has been revoked for a period of not less than three hundred sixty-five (365) days, the establishment may reapply for a Permit to sell alcoholic beverages between 12:00 a.m. (midnight) and 2:00 a.m. In addition to all other required information, an establishment whose Permit has previously been revoked shall include information explaining the actions they have taken to prevent the violations that resulted in the past revocation(s).

Within the meaning of this Chapter, sale shall be regarded as being made if the alcoholic beverage is delivered to any person during prohibited hours regardless of whether payment therefore is made at some other time. If such commercial establishment is a corporation, then the officers of such corporation shall be regarded as the owners thereof for purposes of enforcement of this Chapter. If such commercial establishment is a private club, then the officers of such club shall be regarded as the owners thereof for purposes of enforcement of this Chapter.

1.

Any person or corporation which dispenses, sells, or serves alcoholic beverages; or permits alcoholic beverages to be dispensed, sold, served or consumed in the City on the establishment's licensed premises, and whose principal business is the sale, service, or consumption of alcoholic beverages, shall be closed during the period of time outside of normal business hours, except as provided in subparagraphs 33.03(2), (3), and (4).

Any such commercial establishment shall, at the time of cessation of alcoholic beverage sales, cause all outside lights on the premises occupied by it to be illuminated, except that the establishment shall extinguish any lighted signs indicating the establishment is open. No person, except the proprietor, his or her employees, law enforcement or other emergency personnel, or code enforcement officers, may be permitted to enter the establishment after the cessation of alcoholic beverage sales.

In no instance shall open containers of alcoholic beverages be accessible to customers or members or be permitted to be in the open patronage area of the commercial establishment one-half hour after the time for cessation of alcoholic beverage sales has expired. Customers or members within the establishment shall be required by the proprietor or his or her employees to leave the establishment within one hour after the time for cessation of alcoholic beverage sales has expired. Nothing herein contained shall be construed so as to permit any place to sell, serve, or permit alcoholic beverages to be sold, consumed or served during prohibited hours.

2.

Anything herein to the contrary notwithstanding, establishments located at Orlando International Airport which sell duty-free packaged alcoholic beverages shall be permitted to sell such duty-free packaged alcoholic beverages to outgoing international passengers only, without regard to the hour of the day or the day of the week.

3.

Heritage Square, Leu Gardens, the Amway Center, Camping World Stadium, Dr. Phillips Center for the Performing Arts, Tinker Field, and the Bob Carr Performing Arts Centre, any additional Orlando Venues facilities, and events taking place at those facilities, shall be exempt from the provisions of this section.

4.

All facilities under the jurisdiction and supervision of the City Department of Families, Parks and Recreation, and events taking place at such facilities, may be exempted from the provisions of this section by the Families, Parks and Recreation Director, upon such terms and conditions as he or she may impose.

5.

The Central Florida Fairgrounds and the City streets, sidewalks, or alleys, and events taking place at such facility or on such streets, sidewalks or alleys, may be exempted from the provisions of this section by the Chief of Police upon such terms and conditions as he or she may impose; provided, however, that as to streets, sidewalks and alleys, the requirements of subsection 33.06(6) must be met.

6.

Activities sponsored or co-sponsored by a governmental entity which are held on premises where alcoholic beverages are dispensed and whose principal business is the sale of alcoholic beverages may be held outside normal business hours, provided that no alcoholic beverages are sold or dispensed during prohibited hours.

7.

Alcoholic beverages may be sold in any place holding a license from the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Bureau of Licensing, which license permits package sale of alcoholic beverages by the licensee for consumption off the premises of the licensee, but only between the hours of 7:00 a.m. and 2:00 a.m. the following day Monday through Saturday, and between the hours of 9:00 a.m. and 2:00 a.m. the following day, on Sunday.

8.

On January 1, of any year, the hours of operation to sell alcoholic beverages by any establishment licensed to sell alcoholic beverages, and the related requirements of subsection (1), are extended for one hour past the regular time of cessation of alcoholic beverage sales.

9.

For special events or occasions, Council may extend the hours of alcoholic beverages sales, and the related requirements of subsection 1 of this section, by one additional hour.

(Ord. of 1-30-1984, Doc. #18332; Ord. of 9-22-1986, Doc. #20620; Ord. of 12-8-1986, Doc. #20792; Ord. of 5-7-1987, Doc. #21179; Ord. of 6-8-1987, Doc. #21256; Ord. of 9-8-1997, Doc. #30572; Ord. of 5-11-1998, Doc. #31215; Ord. of 8-10-1998, Doc. #31423; Ord. of 11-9-1998, Doc. #31680; Ord. of 9-13-1999, § 1, Doc. #32327; Ord. of 6-24-2002, § 2, Doc. #020624701; Ord. of 1-12-2004, § 2, Doc. #040112905; Ord. of 12-12-2005, § 1, Doc. #051212901; Ord. No. 2010-8, § 1, 5-24-2010, Doc. #1005241103; Ord. No. 2013-60, § 5, 12-9-2013, Doc. #1312091201; Ord. No. 2016-67, § 2, 9-15-2016, #1609151204; Ord. No. 2023-8, § 1, 3-20-2023, eff. 5-1-2023, Doc. #2303201211)

Editor's note— Ord. No. 2016-67, § 3, adopted September 15, 2016, Document # 160915120 states "the temporary moratorium on the opening of new afterhours nightclubs and on the expansion or relocation of any existing afterhours nightclubs, enacted pursuant to Ordinance No. 2015-58 and extended by Ordinance No. 2016-40, is hereby terminated."

Sec. 33.04. - Rules of Evidence and Enforcement of this Chapter.

(a)

In all prosecutions for violations of this Chapter, the manufacturer's label on the beverage container shall be prima facie evidence that the substance in such container was and is an alcoholic beverage.

(b)

Any person who by experience in the handling or use of alcoholic beverages, or who by taste, smell, or the drinking of such beverages has knowledge as to the alcoholic nature thereof, may testify as to his or her opinion whether such beverage is or is not alcoholic, and a verdict based upon such testimony shall be valid.

(c)

If an establishment is owned or operated by a corporation, then the officers of the corporation shall be regarded as the owners or operators of the establishment for purposes of enforcement of this Chapter. If an establishment is a private club, then the officers of such club shall be regarded as the owners of the private club for purposes of enforcement of this Chapter.

(d)

In all prosecutions for violations of this Chapter, an alcoholic beverage establishment licensed by the State of Florida to dispense alcoholic beverages on the premises shall be rebuttably presumed to be an establishment at which alcoholic beverages are sold, consumed, or served or permitted to be sold, consumed, or served. Evidence that a business has been issued a license by the State of Florida Division of Alcoholic Beverages and Tobacco shall be prima facie evidence that a business is an alcoholic beverage establishment as defined in this Chapter.

(e)

In all prosecutions for violations of this Chapter, an alcoholic beverage establishment which has been issued an "Alcoholic Beverage" or "Bar/Lounge Retail" business tax receipt pursuant to Chapter 36 of this Code shall be rebuttably presumed to be an alcoholic beverage establishment at which alcoholic beverages are sold, consumed, or served or permitted to be sold, consumed, or served. Evidence that a business has been issued an "Alcoholic Beverage" or "Bar/Lounge Retail" business tax receipt pursuant to Chapter 36 of this Code shall be prima facie evidence that a business is an alcoholic beverage establishment as defined in this Chapter.

(Ord. No. 2013-60, § 6, 12-9-2013, Doc. #1312091201)

Editor's note— Ord. No. 2013-60, § 6, adopted Dec. 9, 2013, changed the title of § 33.04 from " "Alcoholic Beverages" Defined; Rules of Evidence in Prosecutions for Violations of Chapter" to "Rules of Evidence and Enforcement of this Chapter."

Sec. 33.05. - Consumption or Possession at Citrus Bowl Prohibited.

It is hereby made unlawful and a violation of this section to consume or possess alcoholic beverages at the Florida Citrus Bowl if any part of the venue is being used for an event by a private or public elementary, middle, or high school.

(Ord. of 12-12-1983, Doc. #18227; Ord. of 12-8-1986, Doc. #20792; Ord. No. 2013-60, § 7, 12-9-2013, Doc. #1312091201)

Editor's note— Ord. No. 2013-60, § 7, adopted Dec. 9, 2013, changed the title of § 33.05 from "Consumption or Possession at Stadium Prohibited" to "Consumption or Possession at Citrus Bowl Prohibited."

Sec. 33.06. - Open Containers of Alcohol on Public Property Prohibited; Exceptions. modified

(a)

It is hereby made unlawful and a violation of this subsection to sell, consume, or possess any alcoholic beverage in any open or unsealed container, at or within any public property within the corporate limits of the City, including, but not limited to, any public building, facility, park, playground, recreational facility, street, sidewalk, right-of-way, parking lot, and any other property owned or controlled by the City of Orlando.

(b)

The following locations are exempt from the prohibitions of subsection (a) above:

1.

The sale, consumption, and possession of alcoholic beverages is permitted at or within a public building or facility when specifically authorized by the terms of any lease, concession agreement, or other agreement approved by City Council, and in compliance with the Beverage Laws.

2.

The sale, consumption, and possession of alcoholic beverages is permitted at or within Leu Gardens when specifically authorized by the Executive Director of Leu Gardens, or his or her designee, under such terms as the Executive Director, or his or her designee, may impose for the protection of the health, safety, and welfare of the public, and in compliance with the Beverage Laws.

3.

The sale, consumption, and possession of alcoholic beverages is permitted at or within Heritage Square when specifically authorized by the Executive Director of the Orange County Regional History Center, or his or her designee, under such terms as the Executive Director, or his or her designee, may impose for the protection of the health, safety, and welfare of the public, and in compliance with the Beverage Laws.

4.

The sale, consumption, and possession of alcoholic beverages is permitted at or within the following locations when specifically authorized by the Director of the Orlando Venues Department, or his or her designee, under such terms as the Director, or his or her designee, may impose for the protection of the health, safety, and welfare of the public, and in compliance with the Beverage Laws;

A.

The Amway Center.

B.

The Florida Citrus Bowl.

C.

The Mayor Bob Carr Performing Arts Centre.

D.

The Mennello Museum.

E.

Tinker Field.

F.

The Orlando soccer stadium.

G.

Public parking lots and pedestrian areas immediately adjacent and contiguous to the Amway Center, the Florida Citrus Bowl, the Orlando soccer stadium, and Tinker Field.

5.

The sale, consumption, and possession of alcoholic beverages is permitted at or within buildings, facilities, parks, and recreational facilities owned or controlled by the City when specifically authorized by the Chief Administrative Officer, or his or her designee, under such terms as the CAO, or his or her designee, may impose for the protection of the health, safety and welfare of the public, and in compliance with the Beverage Laws; provided, however, that authorization by the CAO is not required if the sale, consumption, and possession of alcoholic beverages is authorized pursuant to subsections 1, 2, 3, or 4 above.

6.

The sale, consumption, and possession of alcoholic beverages is authorized on any public street, sidewalk, alley, or right-of-way under any of the following circumstances:

A.

When authorized by a sidewalk café permit issued pursuant to section 54.28 of this Code, and in compliance with the Beverage Laws.

B.

When authorized by an outdoor public assembly permit issued pursuant to Chapter 18B of this Code, and in compliance with the Beverage Laws.

C.

When specifically authorized by the Chief of Police, or designee, under such terms as the Chief of Police, or designee, may impose for the protection of the health, safety, and welfare of the public, and in compliance with the Beverage Laws.

(Ord. of 6-24-2002, § 5, Doc. #020624701; Ord. of 6-21-2004, § 1, Doc. #040621912; Ord. No. 2012-31, § 1, 4-22-2013, Doc. #1304221204; Ord. No. 2013-60, § 8, 12-9-2013, Doc. #1312091201; Ord. No. 2025-31, § 6, 11-10-2025, Doc. #25111012a)

Sec. 33.07. - Late Night Alcohol Uses in the Downtown Entertainment Area.

All proposed and existing establishments serving or selling alcoholic beverages for onsite consumption after midnight within the Downtown Entertainment Area, as described in section 42.07(6), Orlando City Code, shall comply with the following by November 1, 2022:

(1)

Responsible Person. Each establishment selling alcohol after midnight within the Downtown Entertainment Area shall identify a Responsible Person for operating the establishment at any time that alcohol is sold or provided on the site. Each Responsible Person shall register with the Code Enforcement Division. The Responsible Person must remain on-site during all operations of the establishment until closing.

(2)

Promoters Required to Obtain BTR. Any person involved in promoting the establishment shall be an employee of the establishment or register separately for a Business Tax Receipt from the City of Orlando pursuant to Section 36.03 Orlando City Code.

(3)

Trash and Litter. All litter shall be removed from the exterior of the property in the immediate public rights-of-way prior to 4:00 a.m. each operating night.

(4)

Permit Documents. All local licenses and permit requirements for the establishment, including a list of the Responsible Persons registered with the Code Enforcement Division, shall be kept on the premises of the establishment and provided upon demand to any agent of the City, including and not limited to Code Enforcement, Police, and Fire or Building inspectors.

(Ord. No. 2022-46, § 2, 9-26-2022, Doc. #2209261202)

Sec. 33.08. - Reserved.

Editor's note— Ord. of 6-21-2004, § 1, Doc. #040621912, repealed § 33.08 in its entirety. Former § 33.08 pertained to consumption in public view on streets, sidewalks, and alleys prohibited while in/on any vehicle.

Sec. 33.09. - Sales and Consumption Restricted to Licensed Premises; Exceptions.

(a)

It is hereby made unlawful and a violation of this subsection for any vendor or for any agent, servant, or employee of any such vendor, to permit the consumption of any alcoholic beverages in or upon any parking or other area outside of the building, room, or other premises provided for in his or her license certificate as the address thereof, when any part of such parking or other area is adjacent to the building or premises in which the business licensed under such section is operated, and when such parking or other area is owned, rented, leased, regulated, controlled, or provided, directly or indirectly, by such licensed vendor or by any agent, servant, or employee of such licensed vendor; provided, however, that if such licensed vendor had posted and maintained a legible, painted or printed sign in at least two separate prominent places in or on such parking or other area, with sufficient light directed thereon to be visible during the hours of darkness while such place of business is open, in letters of not less than three inches in height, stating:

"WARNING DRINKING ALCOHOLIC BEVERAGES ON THIS LOT PROHIBITED—$500.00 FINE OR 60 DAYS IN JAIL—CITY ORDINANCE"

the same shall constitute prima facie evidence that such vendor is not operating in violation of this subsection.

(b)

It is hereby made unlawful and a violation of this subsection to consume any alcoholic beverage in or upon any parking or other area outside of and adjacent to a vendor's licensed premises when such parking or other area is owned, rented, leased, regulated, controlled, or provided, directly or indirectly, by such vendor.

(c)

If any licensed vendor mentioned herein be a corporation, then the officers of such corporation shall be regarded as the owners and vendors thereof, for the purposes of enforcement of this section.

(Ord. No. 2013-60, § 9, 12-9-2013, Doc. #1312091201)

Editor's note— Ord. No. 2013-60, § 9, adopted Dec. 9, 2013, changed the title of § 33.09 from "Sales and Consumption Restricted to Licensed Building; Exceptions" to "Sales and Consumption Restricted to Licensed Premises; Exceptions."

Sec. 33.10. - Removal of Alcoholic Beverages in Open or Unsealed Container from Licensed Premises.

It is unlawful for any vendor or his agents or employees, licensed to sell beer, wine, liquor or other alcoholic beverages within the City, to knowingly allow any person to take from the licensed premises any opened beer, wine, liquor, or other alcoholic beverage container, or to knowingly allow any person to take from the licensed premises any glass or other open or unsealed container of an alcoholic beverage or any mixture containing an alcoholic beverage.

Sec. 33.11. - Reserved.

Editor's note— Ord. No. 2013-60, § 10, adopted Dec. 9, 2013, repealed § 33.11, which pertained to Bottle Clubs Prohibited and derived from an ordinance adopted July 26, 1993, Doc. #26765.

Sec. 33.12. - Providing Alcoholic Beverages for Unlawful Use; Prohibited.

It is hereby made unlawful and a violation of this section for any person to provide, dispense, distribute, or deliver alcoholic beverages to any other person or commercial establishment when that person knows or has reason to know that the alcoholic beverages being so provided will be consumed or otherwise used in violation of any provision of this chapter, or in violation of the Beverage Law.

(Ord. of 8-19-1985, Doc. #19642; Ord. of 7-26-1993, Doc. #26765; Ord. No. 2013-60, § 11, 12-9-2013, Doc. #1312091201)

Editor's note— Ord. No. 2013-60, § 11, adopted Dec. 9, 2013, changed the title of § 33.12 from "Transfer or Delivery of Alcoholic Beverages for Unlawful Use; Prohibited" to "Providing Alcoholic Beverages for Unlawful Use; Prohibited."

Secs. 33.13, 33.14. - Reserved.

Editor's note— Former §§ 33.13 and 33.14, which derived from Ord. of 4-5-1982, Doc. #16891, were repealed by Ord. of 8-19-1985, Doc. #19642.

Sec. 33.15. - Certain States of Undress Prohibited on Premises of Commercial Establishments where Alcoholic Beverages are Possessed, Consumed, Purchased, Sold, Dispensed or Given Away.

(1)

For the purposes of this section, the following definitions shall apply:

(a)

Areola. The term "areola" shall mean the circular colored area which surrounds the nipple of a human female breast.

(b)

At or Below the Areola. The term "at or below the areola" shall mean the areola, the nipple of a human female breast, or that area of a human female breast below the areola thereof.

(c)

Commercial Establishment. The term "commercial establishment" shall mean any establishment which operates for pecuniary gain.

(d)

Premises. The term "premises" shall mean a building that is under one roof or has common entrances and the area immediately surrounding the building.

(2)

It shall be unlawful for any person maintaining, owning, operating or managing a commercial establishment at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises of that establishment to:

(a)

suffer or permit any female person to expose to public view that area of her breast at or below the areola, including but not limited to exposure by the use of transparent tape; or

(b)

suffer or permit any female person to employ pasties or any similar device or covering which is intended to give the appearance of or simulate that area of her breast at or below the areola; or

(c)

suffer or permit any person to expose to public view his or her genitals, pubic hair, pubic area, vulva, buttocks or anus; or

(d)

suffer or permit any person to employ any device or covering which is intended to give the appearance of or simulate his or her genitals, pubic hair, pubic area, vulva, buttocks or anus.

(3)

It shall be unlawful for any person, while on the premises of a commercial establishment, at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises to:

(a)

expose to public view his or her genitals, pubic hair, pubic area, vulva, buttocks, or anus; or

(b)

employ any device or covering which is intended to give the appearance of or simulate his or her genitals, pubic hair, pubic area, vulva, buttocks or anus.

(4)

It shall be unlawful for any female, while on the premises of a commercial establishment at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises to:

(a)

expose to public view that area of her breast at or below the areola; including but not limited to exposure by the use of transparent tape; or

(b)

employ pasties or any similar device or covering which is intended to give the appearance of or simulate that area of her breast at or below the areola.

(5)

For purposes of this section, a commercial establishment licensed by the State of Florida to dispense alcoholic beverages on the premises shall be rebuttably presumed to be a "commercial establishment at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises." Any establishment which has received an occupational license to operate commercially is presumed to be a commercial establishment.

(6)

Any person violating any of the provisions of this section shall, upon conviction, be punished as provided in Section 1.08 of this Code.

(Ord. of 4-5-1982, Doc. #16891)

Sec. 33.16. - Certain Types of Conduct Prohibited on Premises of Commercial Establishments where Alcoholic Beverages are Possessed, Consumed, Purchased, Sold, Dispensed or Given Away.

(1)

For the purposes of this section, the following definitions shall apply:

(a)

Commercial Establishment. The term "commercial establishment" shall mean any establishment which operates for pecuniary gain.

(b)

Lap. The term "lap" shall mean the area between a person's knees and his or her waist.

(c)

Patron. The term "patron" shall mean any person who is physically present on the premises of a commercial establishment and who is not an owner, employee, agent or subcontractor of said establishment or an entertainer or performer at said establishment.

(d)

Premises. The term "premises" shall mean a building that is under one roof or has common entrances and the area immediately surrounding the building.

(e)

Touching. The term "touching" shall include any form of intentional, interpersonal, physical, bodily contact, whether or not exposed or unclothed parts of the body are involved.

(2)

It shall be unlawful, while on the premises of a commercial establishment at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises, for any owner, employee, agent or subcontractor of said establishment or for any entertainer or performer at said establishment:

(a)

to sit on or in or otherwise occupy the lap of any patron of said establishment; or

(b)

to touch the clothed or unclothed breast of any female patron; or

(c)

to touch the clothed or unclothed body of any patron at any point below the waist and above the knee of said patron; (provided, however, this provision shall not apply to a masseur licensed under the laws of the State of Florida while giving a bona fide massage); or

(d)

to suffer or permit himself or herself to be touched by any patron in either of the following clothed or unclothed areas of the body:

(i)

at any point below the waist and above the knee; or

(ii)

on the breast, if the owner, employee, agent, subcontractor, entertainer, or performer so touched is a female.

(3)

It shall be unlawful, while on the premises of a commercial establishment at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises for any patron of said establishment:

(a)

to sit on or in or otherwise occupy the lap of any owner, employee, agent or subcontractor of said establishment or of any entertainer or performer at said establishment; or

(b)

to touch the clothed or unclothed breast of any female owner, employee, agent or subcontractor of said establishment or of any female entertainer or performer at said establishment; or

(c)

to touch the clothed or unclothed body of any owner, employee, agent, subcontractor, entertainer or performer below the waist and above the knee of said owner, employee, agent, subcontractor, entertainer or performer; or

(d)

to suffer or permit himself or herself to be touched by any owner, employee, agent or subcontractor of said establishment or by any entertainer or performer at said establishment in either of the following clothed or unclothed areas of the body:

(i)

at any point below the waist and above the knee;

(ii)

on the breast, if the patron is a female.

(4)

It shall be unlawful for any person maintaining, owning, operating or managing a commercial establishment at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises of that establishment:

(a)

suffer or permit any employee of or entertainer at said establishment to sit on or in or otherwise occupy the lap of any patron of said establishment; or

(b)

suffer or permit any employee of or entertainer at said establishment to touch the clothed or unclothed breast of any female patron; or

(c)

suffer or permit any employee of or entertainer at said establishment to touch the clothed or unclothed body of any patron at any point below the waist and above the knee of said patron; or

(d)

suffer or permit any employee of or entertainer or performer at said establishment to suffer or permit himself or herself to be touched by any patron in either of the following clothed or unclothed areas of the body:

(i)

at any point below the waist and above the knee; or

(ii)

on the breast, if the employee, entertainer, or performer so touched is a female.

(5)

It shall be unlawful for any person maintaining, owning, operating or managing a commercial establishment at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises of that establishment to:

(a)

suffer or permit any patron of said establishment to sit on or in or otherwise occupy the lap of any employee of or entertainer or performer at said establishment; or

(b)

suffer or permit any patron of said establishment to touch the clothed or unclothed breast of any female employee of or entertainer or performer at said establishment; or

(c)

suffer or permit any patron of said establishment to touch the clothed or unclothed body of any employee of or entertainer or performer at said establishment below the waist and above the knee of said employee, entertainer or performer; or

(d)

suffer or permit any patron of said establishment to suffer or permit himself or herself to be touched by any employee of or entertainer or performer at said establishment in either of the following clothed or unclothed areas of the body:

(i)

at any point below the waist and above the knee; or

(ii)

on the breast, if the patron is a female.

(6)

For purposes of this section, a commercial establishment licensed by the State of Florida to dispense alcoholic beverages on the premises shall be rebuttably presumed to be a "commercial establishment at which alcoholic beverages are possessed, consumed, purchased, sold, dispensed or given away on the premises." Any establishment which has received an occupational license to operate commercially is presumed to be a commercial establishment.

(7)

Any person violating any of the provisions of this section shall, upon conviction, be punished as provided in Section 1.08 of this Code.

(Ord. of 4-5-1982, Doc. #16891)

Sec. 33.17. - Possession, Consumption, Purchase, Sale, Dispensing or Giving Away of Alcoholic Beverages Prohibited on Premises of Certain Commercial Establishments.

(1)

For the purposes of this section, the following definitions shall apply:

(a)

Areola. The term "areola" shall mean the circular colored area which surrounds the nipple of a human female breast.

(b)

At or Below the Areola. The term "at or below the areola" shall mean the areola, the nipple of a human female breast, or that area of a human female breast below the areola thereof.

(c)

Commercial Establishment. The term "commercial establishment" shall mean any establishment which operates for pecuniary gain.

(d)

Lap. The term "lap" shall mean the area between a person's knees and his or her waist.

(e)

Patron. The term "patron" shall mean any person who is physically present on the premises of a commercial establishment and who is not an owner, employee, agent or subcontractor of said establishment or an entertainer or performer at said establishment.

(f)

Premises. The term "premises" shall mean a building that is under one roof or has common entrances and the area immediately surrounding the building.

(g)

Touching. The term "touching" shall include any form of intentional, interpersonal, physical, bodily contact, whether or not exposed or unclothed parts of the body are involved.

(2)

It shall be unlawful for any person to possess, consume, purchase, sell, dispense, or give away alcoholic beverages on the premises of any commercial establishment where such person knows or has reason to believe that:

(a)

any person is engaging in the actual or simulated display of his or her genitals, pubic hair, pubic area, vulva, buttocks or anus to public view; or

(b)

any female is engaging in the actual or simulated display of the area of her breast at or below the areola to public view; or

(c)

within the past two hours, any person has engaged in the actual or simulated display of his or her genitals, pubic hair, pubic area, vulva, buttocks or anus to public view; or

(d)

within the past two hours, any female has engaged in the actual or simulated display of the area of her breast at or below the areola to public view;

(e)

any employee of or entertainer or performer at said establishment is sitting on or in or otherwise occupying the lap of any patron of said establishment; or

(f)

any employee of or entertainer or performer at said establishment is touching the clothed or unclothed breast of any female patron; or

(g)

any employee of or entertainer or performer at said establishment is touching the clothed or unclothed body of any patron at any point below the waist and above the knee of said patron; or

(h)

within the past two hours, any employee, entertainer or performer has sat on or in or otherwise occupied the lap of any patron of said establishment; or

(i)

within the past two hours, any employee, entertainer or performer has touched the clothed or unclothed breast of any female patron; or

(j)

within the past two hours, any employee, entertainer or performer has touched the clothed or unclothed body of any patron at any point below the waist and above the knee of said patron; or

(k)

any patron of said establishment is sitting on or in or otherwise occupying the lap of any owner, employee, agent or subcontractor of said establishment or of any entertainer or performer at said establishment; or

(l)

any patron of said establishment is touching the clothed or unclothed breast of any female owner, employee, agent or subcontractor of said establishment or of any female entertainer or performer at said establishment; or

(m)

any patron of said establishment is touching the clothed or unclothed body of any owner, employee, agent, subcontractor, entertainer or performer below the waist and above the knee of said owner, employee, agent, subcontractor, entertainer or performer; or

(n)

within the past two hours, any patron of said establishment has sat on or in or otherwise occupied the lap of any owner, employee, agent or subcontractor of said establishment or of any entertainer or performer at said establishment; or

(o)

within the past two hours, any patron of said establishment has touched the clothed or unclothed breast of any female owner, employee, agent or subcontractor of said establishment or of any female entertainer or performer at said establishment; or

(p)

within the past two hours, any patron of said establishment has touched the clothed or unclothed body of any owner, employee, agent, subcontractor, entertainer or performer below the waist and above the knee of said owner, employee, agent, subcontractor, entertainer or performer.

(3)

The following presumptions shall apply to this section:

(a)

Any establishment which has received an occupational license to operate commercially is presumed to be a commercial establishment.

(b)

Any person who enters a commercial establishment which displays on the premises, by sign or otherwise, advertisement that reasonably indicates that nude or semi-nude activity takes place at the establishment is presumed to be aware that the activity defined in Subsection (2) above is taking place in the establishment.

(4)

Any person violating any of the provisions of this section shall, upon conviction, be punished as provided in Section 1.08 of this Code.

(Ord. of 4-5-1982, Doc. #16891)

Sec. 33.18. - Possession and Consumption Prohibited in Public Parking Lots and Certain Private Places; Consumption Prohibited in Vehicles in Public Parking Lots and Certain Private Places.

(1)

It shall be unlawful for any person to possess in any open container or to consume any alcoholic beverage or any mixture containing an alcoholic beverage in or upon any parking area open to public use, or in or upon any private property without the consent of the owner, tenant or other person lawfully in possession of said property.

(2)

It shall be unlawful for any person to consume any alcoholic beverage or any mixture containing an alcoholic beverage while such person is in or on any vehicle which is located in or upon any parking area open to public use, or in or upon any private property without the consent of the owner, tenant or other person lawfully in possession of said property.

(Ord. of 1-30-1984, Doc. #18333)

Sec. 32.17. - Right of Revision. Chapter 35 - LAKES AND BOATING