ANNA MARIA – The city has a new alcohol ordinance that addresses liquor sales, package liquor stores – and requires some patrons to cover up.
The city commission adopted Ordinance 2022-901 on its second and final reading during the July 14 meeting.
City Attorney Becky Vose presented the final draft of the ordinance previously discussed by the city commission and the Planning and Zoning Board. Their efforts date back to 2020 when Mayor Dan Murphy vetoed the previously proposed ordinance that would have prohibited males from going shirtless in any establishment that served or sold alcohol, including the outdoor or beachfront areas of those establishments.
The newly adopted ordinance prohibits females from exposing their breasts, with an exception provided to mothers who are nursing their children.
During Thursday’s meeting, Vose reviewed the many changes made to the ordinance based on previous commission, planning board and citizen input. She revised the city’s proposed definition of liquor due to Planning and Zoning Board member David Haddox’s concerns about it not specifically exempting prescription drugs and over-the-counter medicines containing alcohol.
The revised definition reads: “Liquor means those substances such as rum, whiskey, gin, mezcal, tequila, brandy, vodka and fortified wines and which is referred to as ‘liquor’ in the regulations of the Florida Division of Alcoholic Beverages and Tobacco.”
Vose said the Division of Alcoholic Beverages and Tobacco does not regulate prescription drugs or over-the-counter medicines and she feels comfortable with the definition.
The adopted ordinance includes a new definition for package stores: “Package store shall mean a licensed place of business where alcoholic beverages are sold in the original sealed containers as received from the distributor for consumption off the premises only, when such alcoholic beverages include beer, wine and liquor as defined under the rules of the Division of Alcoholic Beverages and Tobacco.”
The ordinance allows beer and wine to be served and sold at The Center of Anna Maria Island, The Island Players theater, the Anna Maria Island Historical Museum and City Pier Park, but liquor sales and service at those locations will require a commission-approved special event permit.
According to the ordinance, only alcohol purchased from the City Pier tenant, the City Pier Grill & Bait Shop, will be allowed on the pier.
According to the ordinance, all alcoholic beverage establishments shall be located within the commercial (C-1) and/or residential-office-retail (ROR) zoned areas.
As was the case with the previous ordinance, the new ordinance states, “The operator of any restaurant which desires to sell or dispense beer and wine and/or other alcoholic beverages shall first apply for and receive a special use permit.”
Different than a special event permit, a special use permit for alcohol sales must be approved by the city commission and renewed annually by the city clerk. The new ordinance does not require existing alcohol vendors or establishments to do anything different than what they’ve done in the past.
Regarding takeout package stores, the ordinance says a commercial establishment that wishes to sell liquor for off-premises consumption shall first apply for and receive a city commission-approved special use permit. The ordinance states no special use permit shall be granted to a commercial establishment located within one-half mile of any other commercial establishment, not including restaurants, which sells liquor – meaning a new package store will not be allowed within a half-mile of an existing one.
Commissioner Mark Short asked about a reference to clubs contained in the existing definition of the sale of alcoholic beverages which says, “Sale of alcoholic beverages means any transfer of an alcoholic beverage for a consideration, any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under the state beverage law.”
Vose said the club references pertain to clubs and organizations such as an Elk’s club that holds a license that permits them to serve and sell alcohol under different scenarios with a different type of license. Vose said she wasn’t aware of any club licenses currently existing in the city of Anna Maria, but she noted that could change.
“I understand there may be one very near in the future,” Murphy said.
The fines assessed for a violation of the new alcohol ordinance will now be established by city resolution rather than in the ordinance itself.
