§ 6.11.11. Alcoholic Beverage Use

A.

General Objectives

1.

It is the intent of this Section to provide uniform regulations pursuant to the authority granted by Section 562.45(2), Fla. Stat., for all establishments in unincorporated Hillsborough County in which the sale of alcoholic beverages or the public consumption of alcoholic beverages is to occur. Except for the temporary sale or public consumption of alcoholic beverages as provided herein, the granting of an Alcoholic Beverage Development Permit (as defined below) is a prerequisite for allowing alcoholic beverage uses to be established in Hillsborough County. It is the intent of this Code to generally permit such uses only in certain commercial, industrial, and mixed use districts with the exception of the 11-C, 11-CX, 4-COP-SGX and GC Alcoholic Beverage Development Permit Use classifications (see Section 6.11.11.C for descriptions) which will be allowed in all zoning districts. Notwithstanding, in office, residential and agricultural zoning districts where an 11-C or 4-COP-SGX permit is inapplicable, other Alcoholic Beverage Development Permit classifications may be approved for restrictive uses such as a private dining hall in a community residential home. In such cases the permit shall be subject to approval of the Land Use Hearing Officer in accordance with Part 10.02.00 of this Code, irrespective of whether the proposed use meets proximity requirements. In granting approval, the LUHO shall be required to make a finding of general compatibility with existing zonings and uses in the area, and the permit shall be conditioned to limit the sales and/or consumption of alcoholic beverages to the specifically proposed use. It is further the intent of this Section to regulate the hours of sale of alcoholic beverages in Hillsborough County.

2.

The regulations presented herein are to protect the health, safety, and welfare of the residents of Hillsborough County as stated in the purpose and intent provisions of Article 1 of this Code. It is intended that the County requirements herein be no less restrictive than those permitted by the State alcoholic beverage licenses.

3.

The procedures for applicants who desire to receive an Alcoholic Beverage Development Permit for the establishment and maintenance of a specific alcoholic beverage land use designation are described herein. However, an Alcoholic Beverage Development Permit shall not be required for the temporary sale or public consumption of alcoholic beverages, provided such sales or consumption are licensed by the State and occur no more than six times within a 12-month period at the same location. This shall not obviate the need to obtain permits that may be required by this Code or other ordinances for the host events, such as carnivals, fairs and festivals, where the temporary sale or public consumption of alcoholic beverages will occur.

B.

Application for an Alcoholic Beverage Development Permit

Any owner, lessee, or tenant who desires to have any lot, plot, or tract of land permitted for the sale or public consumption of alcoholic beverages in unincorporated Hillsborough County shall meet the application requirements for a Development Permit as specified in Part 10.01.00 of this Code (an "Alcoholic Beverage Development Permit"). Alcoholic beverage wholesale distributors that do not directly sell to the general public and only store sealed alcoholic beverage containers shall not be required to obtain an Alcoholic Beverage Development Permit.

1.

No more than one (1) Alcoholic Beverage Development Permit shall be issued to any owner, lessee, or tenant for an establishment in which the sale of alcoholic beverages or the public consumption of alcoholic beverages is to occur.

a.

Any owner, lessee, or tenant may voluntarily rescind an existing Alcoholic Beverage Development Permit when the owner, lessee, or tenant seeks to obtain a new Alcoholic Beverage Development Permit.

C.

Alcoholic Beverage Special Use Permit Classifications

1.

The Alcoholic Beverage Special Use Classification desired for the lot, plot, or tract of land on which the sale or public consumption of alcoholic beverages is to be permitted shall be one of the following:

a.

1-APS

Beer to be sold in sealed containers only for consumption off the licensed premises (package sales). Notwithstanding the provisions of general law, vendors holding malt beverage off-premises sales licenses under State beverage laws shall be subject to alcoholic beverage regulations of Hillsborough County, Florida (Ch. 81-385, Section 1, Laws of Florida).

(1)

1-APS-IS (Incidental Sales)

The incidental sale of beer in sealed containers only for consumption off the permitted premises (package sales) in connection with a convenience store, drug store, grocery store, supermarket or similar establishment. In such case the retail display of beer, including refrigerated displays, shall occupy no more than 25 percent of the establishment's gross floor space. Additionally, the outside display of beer shall be prohibited. Notwithstanding the provisions of general law, vendors holding malt beverage off-premises sales licenses under State beverage laws shall be subject to alcoholic beverage regulations of Hillsborough County, Florida (Ch. 81-385, Section 1, Laws of Florida).

b.

2-APS

Beer and wine to be sold in sealed containers only for consumption off the licensed premises (package sales).

(1)

2-APS-IS (Incidental Sales)

The incidental sale of beer and wine in sealed containers only for consumption off the permitted premises (package sales) in connection with a convenience store, drug store, grocery store, supermarket or similar establishment. In such case the retail display of beer and wine, including refrigerated displays, shall occupy no more than 25 percent of the establishment's gross floor space. Additionally, the outside display of beer and wine shall be prohibited.

c.

3-PS

Beer, wine, and liquor to be sold in sealed containers only for consumption off the permitted premises (package sales).

d.

2-COP

Beer and wine for sale and consumption on and off the permitted premises.

e.

2-COP-X

Beer and wine for sale and consumption on the permitted premises only.

f.

2-COP-R

Beer and wine for sale and consumption on and off the permitted premises (package sales) in connection with a restaurant. At least 51 percent of the restaurant's total biannual sales shall be derived from the sale of food and non-alcoholic beverages. This requirement shall not be waived or varied.

g.

2-COP-RX

Beer and wine for sale and consumption on the permitted premises only in connection with a restaurant, as described in paragraph f. above.

h.

4-COP

Beer, wine, and liquor for sale and consumption on and off the permitted premises (package sales).

i.

4-COP-X

Beer, wine, and liquor for sale and consumption on the permitted premises.

j.

4-COP-RX

Beer, wine, and liquor for sale and consumption on the permitted premises only in connection with a restaurant. The restaurant shall have a patron seating capacity of at least 100 seats and a gross floor capacity (gross floor area plus covered patio area) of at least 2,500 square feet. Additionally, at least 51 percent of the restaurant's total biannual sales shall be derived from the sale of food and non-alcoholic beverages. These requirements shall not be waived or varied.

k.

4-COP-SX

Beer, wine, and liquor for sale and consumption on the permitted premises only when in connection with a hotel/motel. The sale and/or consumption of alcoholic beverages are limited to the main building structure and specific outdoor areas.

l.

4-COP-SBX

Beer, wine, and liquor for sale and consumption on the permitted premises only when in connection with a bowling establishment with 12 or more lanes.

m.

11-C

(1)

Social Club.

Beer, wine, and liquor for sale and consumption on the permitted premises only to members and their guests. The establishment shall be a chartered club.

(2)

Golf Club.

Beer, wine, and liquor for sale and consumption on the permitted premises to club members and their guests only. The club shall be chartered and located on a bona fide golf course owned or leased by the club consisting of at least nine holes, clubhouse, locker rooms, and attendant golf facilities comprising at least 35 acres of land. Under the 11-C classification, alcoholic beverages are to be sold only in alcoholic beverage use permitted areas at the golf club. Consumption may occur on the remainder of the golf club property. For the sale of alcoholic beverages on the golf course see paragraph n. below (11-CX).

(3)

Tennis and/or Racquetball Club.

Beer, wine, and liquor for sale and consumption on the permitted premises for club members and their guests only. The club shall be chartered and have bona fide tennis and/or racquetball facilities owned or leased by the club consisting of either:

(a)

ten regulation size tennis courts, or

(b)

ten regulation sized four-walled indoor racquetball courts, or

(c)

a combination of courts totaling at least ten regulation size courts.

The club shall include clubhouse facilities, pro shop, locker rooms, and attendant tennis or racquetball facilities.

(4)

Wedding and Special Occasion Reception Halls.

Beer, wine, and liquor for sale and consumption on premises only when the premises are leased for special events which serve alcoholic beverages and which occur more than six times per year at that specific location.

n.

11-CX

Portable Temporary Bar for Permitted Golf Clubs only.

Beer, wine, and liquor for sale and consumption from portable or temporary bars on a golf course which is part of a golf club which has an 11-C Alcoholic Beverage Development Permit.

o.

Bottle Clubs

A business establishment where no alcoholic beverages are sold but where patrons may keep or bring their alcoholic beverages for consumption on the premises. Non-alcoholic mixers or so-called "set-ups" may be provided by the club. Bottle club permits may not be requested after February 1, 2006. Notwithstanding Section 11.03.02.D of this Code, bottle clubs permitted on or before February 1, 2006 are deemed legal nonconforming uses as of October 1, 2006 and shall be regulated in accordance with Part 11.03.00 of this Code.

p.

4-COP-SGX

Beer, wine and liquor for sale or consumption on the permitted premises for patrons of a public (non-chartered) golf club. The club shall be located on a bona fide golf course owned or leased by the club that has at least nine holes and comprises a minimum of 35 acres of land. Alcoholic beverages shall be sold only within the permitted areas of the club, although consumption may occur on the remainder of the club property. For the sale of alcoholic beverages from mobile carts and temporary bars on the golf course, see paragraph q. below.

q.

GC

Beer, wine and liquor for sale or consumption from mobile carts and temporary bars on a golf course, as defined in Section 12.01.00, that is part of a public golf club which has a 4-COP-SGX Alcoholic Beverage Development Permit.

D.

Standard Distance Requirements for the Alcoholic Beverage Development Permit

No Alcoholic Beverage Development Permit shall be approved for the sale or consumption of alcoholic beverages unless the minimum distance separation requirements set forth below for the requested permit classification are exceeded or met. However, Alcoholic Beverage Development Permit requests for lots, plots, or tracts of land that are zoned residential or defined as a community use do not require waivers from themselves.

1.

Definitions.

a.

"Proposed structure" shall be defined as the specific structure(s) and/or areas (e.g., a pool) identified in an Alcoholic Beverage Development Permit.

b.

"Certain community uses" shall include churches/synagogues, schools, child care centers, public libraries, community recreational facilities and parks.

c.

For purposes of this regulation, "residentially zoned" shall include districts expressly defined as residential in Part 12.01.00 of this Code and all mixed-use districts permitting residential uses. However, any portion of a mixed-use district developed with non-residential uses only or with mixed-use buildings containing residential and non-residential uses, or if undeveloped, which requires residential uses to be located in mixed-use buildings with non-residential uses, shall not be deemed residentially zoned.

2.

1-APS and 2-APS

a.

The distance from the proposed structure to certain community uses shall be 500 feet.

b.

The distance from the proposed structure to residentially zoned property shall be 50 feet from the side yard(s) and 20 feet from the functional rear yard.

3.

1-APS-IS and 2-APS-IS

a.

The distance from the proposed structure to schools shall be 500 feet.

4.

2-COP-R, 2-COP-RX, 4-COP-RX, 4-COP-SGX and 11C (Golf Clubs, Tennis and Racquetball Clubs, Wedding and Special Occasion Reception Halls).

a.

The distance from the proposed structure to certain community uses shall be 500 feet.

b.

The distance from the proposed structure to residentially zoned property shall be 150 feet.

5.

3-PS, 2-COP, 2-COP-X, 4-COP, 4-COP-X, 4-COP-SX, 4-COP-SBX, 11-C (Social Clubs) and Bottle Clubs.

a.

The distance from the proposed structure to certain community uses shall be 500 feet.

b.

The distance from the proposed structure to residentially zoned property shall be 250 feet.

c.

There shall be no more than three approved 3-PS, 2-COP, 2-COP-X, 4-COP, 4-COP-X, 4-COP-SX, 4-COP-SBX, 11-C (Social Club) or bottle club alcoholic beverage uses within 1,000 feet of the proposed alcoholic beverage use as measured from the proposed structure to the existing alcoholic beverage use. An Alcoholic Beverage Development Permit application shall reference all alcoholic beverage conditional uses or wet zonings that were approved under previous zoning regulations as well as nonconforming wet zoned establishments.

E.

Waiver Provision.

1.

Generally.

In the event that the Alcoholic Beverage Development Permit application meets all of the requirements for an Alcoholic Beverage Development Permit with the exception of (a) the distance requirements from certain community uses, (b) the distance requirements from residentially zoned property and/or (c) the maximum number of alcoholic beverage establishments within 1,000 feet, the applicant shall have the right to apply for a waiver of the outstanding proximity requirement(s).

2.

Special Use.

A waiver shall be a special use as prescribed by 6.11.01.B. Waiver applications shall be considered by the Land Use Hearing Officer pursuant to 10.02.00.

3.

Criteria.

The Land Use Hearing Officer shall consider the following criteria in connection with each waiver application:

a.

Whether special or unique circumstances exist such that the proposed use does not have significant negative impacts on surrounding land uses; and,

b.

Whether certain circumstances exist such that the necessity for the specified distance requirements is negated.

In approving a waiver application, the Hearing Officer may impose reasonable conditions on the Alcoholic Beverage Development Permit. However, in no case shall the conditions for non-restaurant category permits govern the percentage of gross sales which must be derived from food and non-alcoholic beverages.

4.

Examples.

Examples of circumstances that may be considered in support of a waiver request include, but are not limited to, the following. However, the presence of any such circumstances shall not guarantee approval of the requested wavier.

a.

The alcoholic beverage use applied for is of a lesser intensity than the existing alcoholic beverage use (e.g. from a 4-COP classification to a 2-COP-X classification).

b.

The commercial activity associated with the alcoholic beverage use is of a lesser intensity than the use that currently exists or that previously existed (e.g. the site was an auto body repair shop with noise impacts).

c.

The alcoholic beverage use is designed to be an integral part of a mixed use planned development project.

d.

The proposed structure is located in a shopping center or other non-residential development which has a wall, natural feature or other travel barrier separating it from the residentially zoned property and/or the community use, resulting in a normal route of travel between the proposed alcoholic beverage use and residentially zoned property and/or community use which meets or exceeds the required separation distance.

e.

A building containing non-residential use(s) is located between the proposed structure and the residentially zoned property.

5.

Procedures.

If a waiver is sought, the following procedures must be followed:

a.

The Administrator must determine that the Alcoholic Beverage Development Permit application meets all of the requirements for the Alcoholic Beverage Development Permit applied for with the exception of one or more of the proximity requirements.

b.

The applicant must provide, in writing, the justification for the granting of the waiver which shall consist of an explanation of how the two criteria are met as to each requested waiver; and

c.

The applicant shall notify all of the affected owners of certain community uses or residentially zoned property within the established distance requirements for the particular Alcoholic Beverage Development Permit requested of the date and time of the hearing at which the waiver is being sought and the type of Alcoholic Beverage Development Permit requested. Said notice shall be sent by proof of mailing no later than 20 days after the cut-off date for filing a special use application pursuant to 10.02.00.

F.

Restaurant Classification Guidelines

The owner or operator of a restaurant from which alcoholic beverages sales and/or consumption are made pursuant to an "R" category Alcoholic Beverage Development Permit (2-COP-R, 2-COP-RX, 4-COP-R, and 4-COP-RX) shall maintain records to verify that total biannual sales at the restaurant are derived primarily from the sale of food and nonalcoholic beverages, as required by the permit category. The records shall distinguish the gross sales of alcoholic beverages and the gross sales of food and nonalcoholic beverages for each half of a calendar year, or portion thereof, the restaurant is in operation. The records shall be preserved for a minimum of three years, beginning February 1, 2009. Within 14 days of a request by Hillsborough County, the restaurant owner or operator shall provide a summary sales report for review verifying the restaurant's sales for the period of time requested by Hillsborough County. The report shall separately identify the gross sales of alcoholic beverages and the gross sales of food and nonalcoholic beverages during that period, or portion thereof, the restaurant has been in operation. The report shall include a signed affidavit from the restaurant owner or operator, or the accountant or bookkeeper who prepared the report, attesting to its accuracy. If Hillsborough County determines the report needs further verification, an Independent Certified Audit shall be provided by the owner or operator of the restaurant at his expense in a timely manner. Failure to provide the sales report and/or Independent Certified Audit when requested, or failure of the owner or operator to adequately demonstrate the restaurant has had at least 51 percent of total sales derived from the sales of food and nonalcoholic beverages on a biannual basis, shall constitute grounds for the Board of County Commissioners to revoke the "R" category Alcoholic Beverage Development Permit of the property on which the restaurant operates.

G.

Expansion of Alcoholic Beverage Development Permits

Except for bottle club permits, the expansion of an Alcoholic Beverage Development Permit shall require a new application in accordance with this Section. Expansion of a bottle club permit shall require application for a nonconformity special use permit in accordance with Section 11.03.06.J of this Code.

H.

Revocation of Alcoholic Beverage Development Permits

Any Alcoholic Beverage Development Permit may be reviewed for revocation by the Board of County Commissioners. The violation of any of the provisions stated in subsection 1, below, shall be grounds for the revocation of an Alcoholic Beverage Development Permit. At least sixty (60) days prior to the setting of a date for a revocation hearing, notice of the alleged violation(s) shall be sent to the property owner at the property owner's address and the address of the alleged violations via certified mail (return receipt requested) by the party petitioning the Board of County Commissioners to revoke the Alcoholic Beverage Development Permit. The Board of County Commissioners shall hold a public hearing, pursuant to subsection 2, below, before any Alcoholic Beverage Development Permit may be revoked.

1.

The Board of County Commissioners shall hold a public hearing to consider the revocation of any Alcoholic Beverage Development Permit if it is alleged that the owner of the property, his or her agents, lessees, or employees, while on the subject property, has violated any of the conditions listed below. For the purposes of this provision, "employees" means any person who performs a service on the premises of an establishment dealing in alcoholic beverages on a full time, part time, or contract basis, regardless of whether the person is denominated as an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

a.

Conviction of any felony under Florida law or the laws of the United States; or

b.

Conviction of any misdemeanor relating to prostitution, obscenity, nuisance, indecent exposure, disorderly conduct, or gambling; or

c.

Failure to comply with Hillsborough County Ordinance 06-26, prohibiting paid physical contact between patrons and employees of establishments serving alcoholic beverages; or

d.

Operating the subject establishment in a manner other than that expressly permitted by § 6.11.11 of the Land Development Code, under which the Alcoholic Beverage Development Permit was granted or any other manner prohibited by law; or

e.

Failing to comply with any Florida law, Hillsborough County Ordinance, or Hillsborough County Land Development Code provision, which relates to alcoholic beverages, including selling, giving, serving, or permitting alcoholic beverages to be served to persons under twenty-one (21) years of age, or permitting a person under twenty-one (21) years of age to consume alcoholic beverages on the subject property; or

f.

Revocation of a license for sale of alcoholic beverages by Florida's Department of Business & Professional Regulation, Division of Alcoholic Beverages and Tobacco; or

g.

Allowing the sale of alcoholic beverages at or from the subject establishment while the license for the sale or alcoholic beverages is suspended by Florida's Department of Business & Professional Regulation, Division of Alcoholic Beverages and Tobacco; or

h.

The inclusion of material, false information in any application or petition filed under any section of this Land Development Code relating to an Alcoholic Beverage Development Permit.

2.

Any hearing wherein the Board of County Commissioners is to consider the revocation of an Alcoholic Beverage Development Permit shall be held under the following criteria:

a.

Notice - Notice of the hearing shall be sent by the petitioner to the property owner at the property owner's address and the address of the alleged violations via certified mail (return receipt requested). Notice shall be sent at least thirty (30) days prior to the date of the hearing. The notice provided shall specifically state:

(i)

The date, time, and place of the hearing

(ii)

The purpose of the hearing

(iii)

The alleged violations for which the Alcoholic Beverage Development Permit's revocation is sought

(iv)

That the property owner will be afforded the opportunity to present evidence as to why the Alcoholic Beverage Development Permit should not be revoked, to introduce supporting testimony, and to cross-examine opposing witnesses.

Additionally, upon establishment of a hearing date, notice of the hearing shall be given by the Administrator, causing the publication of a notice one time at least 15 calendar days prior to the public hearing date in a newspaper of general circulation in Hillsborough County.

b.

Continuances - The public hearing may be continued by the petitioner or the respondent to a date certain if the continuance request is filed with the Administrator no less than 14 calendar days before the public hearing date. The party requesting the continuance shall send notice of said continuance to all previously noticed parties via certified mail (return receipt requested) no less than 11 calendar days before the public hearing.

c.

Participants - The participants in the Alcoholic Beverage Development Permit revocation hearing shall be the petitioner, the respondent property owner, County staff, County agencies, and witnesses with relevant testimony.

d.

Order of Presentation - The order of and total time allotments shall be as follows, although the Board may grant additional time for good cause shown:

(i)

Petitioner and witnesses: 15 minutes

(ii)

Respondent property owner and witnesses: 15 minutes

(iii)

Public testimony: 15 minutes

(iv)

Petitioner's rebuttal and summation: 5 minutes

(v)

Respondent's rebuttal and summation: 5 minutes

e.

Nature of Hearing - The hearing shall be informal to the maximum extent practicable. Commissioners may ask questions during the presentations of the petitioner and the respondent, respectively. Following direct testimony, the petitioner and respondent may cross-examine each other's witnesses.

f.

Evidence - Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Any part of the evidence may be received in written form, and all testimony shall be under oath.

g.

Record of Hearing - The hearing shall be recorded by the Clerk, and shall consist of the application and accompanying documents, all exhibits and documentary evidence, and the recording of testimony at the hearing. Any person who decides to appeal the decision of the Board of County Commissioners will need a record of the proceedings, and for such purposes may need to insure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is based.

h.

Board Decision - The Board of County Commissioners shall take one of the following actions upon the conclusion of the hearing:

(i)

Maintain the Alcoholic Beverage Development Permit.

(ii)

Maintain the Alcoholic Beverage Development Permit, subject to additional conditions that are deemed reasonable and necessary by the Board in order to ensure compliance with Florida law, Hillsborough County ordinance, and the Hillsborough County Land Development Code.

(iii)

Revoke the Alcoholic Beverage Development Permit.

i.

Appeals - The final decision of the Board of County Commissions may be appealed in any manner provided by law.

3.

In those instances where an Alcoholic Beverage Development Permit is revoked pursuant to the terms of this Section, no petition requesting an Alcoholic Beverage Development Permit shall be considered by the Administrator for said property for a period of 12 months from the date of final action on the revocation.

4.

The Board of County Commissioners may revoke an Alcoholic Beverage Development Permit if the sale of alcoholic beverages has been discontinued for a continuous period of at least six months. Said review of revocation shall occur in the same manner as referenced above.

I.

Hours of Sale

All places with the exception of bottle clubs within the unincorporated area of the County permitted to sell alcoholic beverages may be open for business and sell and serve such alcoholic beverages, during the following hours:

1.

From Monday through Saturday of each week: between 7:00 a.m. and 3:00 a.m. of the following day.

2.

On Sundays: between 11:00 a.m. and 3:00 a.m. of the following day.

With the exception of bottle clubs, no alcoholic beverages may be sold, served or consumed at alcoholic beverage permitted establishments at any other times than those specified above.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 99-26, § 2, 11-18-99; Ord. No. 00-21, § 2, 5-18-00; Ord. No. 02-13, § 2, 8-1-02; Ord. No. 04-31, § 2, 6-10-04; Ord. No. 04-46, § 2, 11-4-04; Ord. No. 05-22, § 2, 11-17-05; Ord. No. 06-18, § 2, 8-1-06; Ord. No. 07-2, 1-23-07, eff. 1-29-07; Ord. No. 08-29, § 2, eff. 2-1-09; Ord. No. 09-51, 5-21-09, eff. 5-26-09; Ord. No. 10-26, § 2, Exh. A(10-0744), eff. 2-11-11; Ord. No. 11-5, § 2(Exh. A)(10-0722), 5-26-11, eff. 10-1-11; Ord. No. 13-1, § 2(Exh. A), 1-15-13, eff. 1-24-13; Ord. No. 16-21, (Exh. A)(Item I-01)(16-1069), 10-11-16, eff. 10-18-16)