ANNA MARIA – Mayor Dan Murphy today vetoed an alcoholic beverage ordinance adopted by the City Commission that would have required males to wear shirts or upper body coverings even in the outdoor areas of establishments that sell alcohol for on-premise consumption.
An underlying ordinance prohibited businesses that sell alcohol on site from allowing women customers to expose portions of their breasts. Commissioners amended that ordinance on Thursday, July 30 by a 4-1 vote to expand the prohibition to males.
Commissioner Jon Crane cast the only opposition vote due to his concerns about the new gender-neutral language recommended by the Planning and Zoning Board replacing the word “female” with the words “person” or “persons.”
The adopted, amended ordinance required Murphy’s signature before it took effect and late Monday morning he informed city commissioners and Planning and Zoning Board members of his decision to veto the ordinance.
“I regret that I did not weigh in on this ordinance at that time and apologize to all of you for not having done so. However, after reviewing this ordinance in detail and its implications both from an applicability as well as an enforcement perspective, I have come to the following conclusions:
- “The ordinance has far-reaching effects on the restaurant business. More public and impacted business owner input should be sought in this matter and considered during a re-write of this ordinance.
- “In that we live in a beach community, the social expectations and requirements for attire in all public places tends to be less stringent than in a more formal environment.
- “The enforcement of this ordinance would be difficult and could lead to charges of selective enforcement or ‘targeting,’ ” Murphy’s email said.
“In accordance with Article IV, 4.03, e. of our City Charter, I am opting to exercise a veto to this ordinance for the above stated reasons and ask that you reconsider and modify this ordinance in the very near future. Under Article III, Sec. 3.13, of our City Charter, you may opt to exercise your authority to override this veto,” Murphy’s email concluded.
Murphy told The Sun this was the first time he’s vetoed a commission action and he’s not aware of any of his mayoral predecessors exercising their veto power.
According to the city charter, the commission could override the veto with a 4-1 supermajority vote of the commission at a future meeting.
Exposure concerns
Before the ordinance was amended, the existing ordinance read, “It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the incorporated area of the city at which alcoholic beverages are offered for sale for consumption on the premises to permit any female, while on the premises of the commercial establishment, to expose to the public view that area of the female breast at or below the areola.”
The amended ordinance referred to not permitting any “person” to expose their breast while at a bar or restaurant that serves alcohol. Similar provisions pertained to the exposure any person’s genitals, pubic area, buttocks, anus or gluteal cleft.
“This gender-neutral thing, which I admire theoretically, is problematic,” Crane said.
He cited as an example a construction worker wearing a shirt with cut-out armholes coming in for a beer after work and possibly getting fined or arrested because his breast is visible. He cited as another example someone who wears their shorts too low.
“That’s anal cleft. I don’t want to arrest him either,” Crane said.
“Can I go to the Sandbar and sit outside and just have my swimming trunks on? If I don’t have a shirt on, is that allowed?” Commissioner Joe Muscatello asked.
“This would not allow a man wearing a bathing suit to join his family sitting at one of the tables where they’re selling alcoholic beverages,” Vose responded.
“Is this geared from keeping topless bars from happening? I don’t think we’re in danger of that,” Commissioner Amy Tripp said.
“The purpose is to prevent topless bars,” City Attorney Becky Vose said. “I’m all for equal rights, but a female breast is a sexual organ. A male breast is not.”
Commissioners Carol Carter and Mark Short supported the gender-neutral language.
“If I’m sitting at a table in the sand at the Sandbar, I don’t know if I would enjoy sitting beside somebody who didn’t have a shirt on,” Short said.
The gender-neutral provision would have applied city-wide if implemented. The amended ordinance did not specify the age at which a person would be required to cover their upper body while visiting an establishment that serves alcohol.
When contacted Sunday, Sandbar owner Ed Chiles said his restaurant does not prohibit males from coming off the beach in their bathing suits and entering the outdoor beachfront area that now includes a walk-up service window.
“I was shocked, amused and perplexed when I heard about this. I think the commission needs to take a step back and think about doing something that would not reflect well on the city of Anna Maria and the way of life we’ve had here for generations,” Chiles said.
When contacted Sunday, Planning and Zoning Board member Barbara Zdravecky shared her insight on the board’s recommendation.
“It was about making the ordinance gender-neutral, as well as for safety and hygiene. It probably needs to come back because the implication of indoor bars versus outdoor beachside bars was not specified. Neither was the age of the patrons,” Zdravecky said.
Other changes
Additional changes to the ordinance could still be adopted if and when a revised ordinance is brought back to the commission.
The ordinance amended last week would have required the operator of a restaurant who wants to sell alcohol to obtain a special use permit from the city. A special use permit would not be required for existing establishments already permitted for alcohol sales.
During public comment, former city commissioner Doug Copeland sought clarification regarding bars and package liquor stores.
“If I buy a 4COP license or a 2COP license and I want to have just a bar, can I open a bar?” he asked. “I don’t want to see the city open up the ability to have a late-night bar.”
City Planner Chad Minor said bars, taverns and saloons are already prohibited uses in the zoning ordinance pertaining to the C-1 and ROR zoning districts that include Pine Avenue.
“It’s got to include food sales according to our zoning ordinance,” Minor said.
“Does it have the requirement that 50% of your sales have to be from food?” Vose asked.
“Yes,” Minor replied.
It was noted Bortell’s Lounge, closed for renovation, is allowed to operate without selling food because that use was grandfathered in many years ago.
“How about package stores?” Copeland asked.
“They wouldn’t be prohibited. They would need a special use permit,” Vose said regarding package liquor sales.
“There’s an exception in the Florida Statutes that says the sales of beer for off-premise consumption cannot be subject to zoning. You could sell beer anywhere in the ROR or the commercial zones and we can’t require a special use permit. You don’t need a special use permit for off-premise sales of beer or wine, but for everything else you do have to have your special use permit.”
Vose also noted the provision that prohibited alcohol sales within 2,500 feet of a church was removed from the amended ordinance.
