title
UNDERAGE PROHIBITION IN ALCOHOLIC BEVERAGE ESTABLISHMENTS (B)
Ordinance No. 0-07-121
An ordinance of the City of Gainesville, Florida, creating a new Article III of Chapter 4 of the Gainesville Code of Ordinances entitled "Underage Prohibition in Alcoholic Beverage Establishments" which restricts patronage of persons under 21 years of age in alcoholic beverage establishments under certain conditions; providing definitions; providing criteria for issuance of an Underage Prohibition Order; providing for an administrative hearing; providing exceptions; providing penalties; amending section 2-339 of the Code of Ordinances relating to the civil citation table of applicable codes and ordinances; providing for injunctive relief; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
At its meeting of February 25, 2008, the City Commission referred to the Public Safety Committee the issue of underage drinking in the City's Hospitality Districts. The Public Safety Committee in reviewing this issue found that Gainesville's Hospitality Districts (College Park and Downtown) contain many establishments which are bars. Some of the bars only allow patrons inside who are 21 or older while others admit patrons who are 18-20 and give them a different indicator (e.g. wristband or hand stamp) that identifies them as unable to purchase or consume alcohol on the premises.
Several initiatives through the City of Gainesville and the Community Redevelopment Agency (the Gainesville Responsible Hospitality Partnership) have focused on reducing the sale to and service of alcoholic beverages to underage patrons in these establishments. At the same time, the Gainesville Police Department and Gainesville Fire Rescue have found continued problems related to the safety and security of the hospitality districts with repeat offending establishments over time.
To address the problem, the Public Safety Committee recommended that an entertainment permit be created to be issued to bars requesting to admit patrons less than 21 years of age. After a trial period and notice to the bars, bars wishing to admit underage patrons would be required to have an entertainment permit. That entertainment permit would be granted based on objective measures related to public safety issues and would be subject to revocation based on underage drinking incidents occurring at the bar.
At its November 20, 2008 meeting the City Commission approved the creation of entertainment permits for bars admitting patrons less than 21 years of age and directed the City Attorney to draft the ordinance. The City Attorney was also authorized to draft suggested changes to the dance hall ordinance to allow patrons less than 18 years of age entrance into bars for special events.
In preparing this ordinance, the Attorney's Office found that no changes were needed to the dance hall ordinance as those establishments are not permitted to serve, nor are patrons permitted to possess, alcoholic beverages. Additionally, the City Attorney's Office simplified the application of the ordinance for legal reasons that resulted in administrative and fiscal efficiencies. The ordinance does not require the ministerial issuance of an entertainment permit, and would operate to prohibit persons under the age of 21 from patronizing any Alcoholic Beverage Establishment after 9 p.m., when the establishment is the site of multiple Underage Drinking Incidents. This ordinance:
(1) Regulates the admission of persons under 21 into Alcoholic Beverage Establishments which permit consumption of alcoholic beverages on premises.
(2) Does not, at its passage, restrict admission of persons under 21 into Alcoholic Beverage Establishments.
(3) Provides that Alcoholic Beverage Establishments which are the site of specified numbers of Underage Drinking Incidents based on aggregate occupancy load shall, through issuance of an Underage Prohibition Order by the City Manager or his designee, be restricted from admitting persons under 21 into the establishment after 9:00 pm for specified periods of time ranging from 90 days to 365 days.
(4) Provides that to be subject to a Underage Prohibition Order, for any quarter period in any alcoholic beverage establishment with an maximum occupancy load of less than 201, the number of incidents must exceed 5; in any alcoholic beverage establishment with an maximum occupancy load of more than 201, the number of incidents must exceed 10.
(5) Provides exceptions to accommodate employees, service personnel, persons accompanied by parents or legal guardians and special events where alcoholic beverages are not sold, served and not otherwise available to the public.
(6) Gives the Alcoholic Beverage Establishments a right to request an administrative appeal before a hearing officer prior to the Underage Prohibition Order becoming effective.
(7) Provides for judicial review if the Alcoholic Beverage Establishment does not accept the administrative finding.
(8) Provides that Alcoholic Beverage Establishments subject to an Underage Prohibition Order must post signage at all public entrances advising of the restriction for the duration of the prohibition.
(9) Provides that Alcoholic Beverage Establishments which violate the Underage Prohibition Order are subject to Civil Citation which carries a $500.00 penalty. Continued failure to comply with the Underage Prohibition Order may subject the Alcoholic Beverage Establishment owner/manager or other employees to arrest.
(10) Will be effective citywide.
This ordinance requires two readings. Should the Commission pass this ordinance on first reading, second and final reading will be held on February 5, 2009.