STATEMENT OF ISSUE
In 1984, the City Commission adopted section 3-4 (formerly section 4-5) of the Tallahassee City Code that prohibited the sale of alcoholic beverages between 2:00 a.m. and 6:00 a.m. on each day. In addition, section 3-5 (formerly 4-6) of the City Code required any vendor of alcoholic beverages to close for business at 2:30 a.m. until 6:00 a.m. The ordinance provides that it does not apply “to holders of special restaurant hotel licenses”, which Staff has interpreted to mean to holders of special restaurant OR hotel licenses. The exception was ostensibly created to allow hotel guests to remain on the premises, and to allow restaurants to remain open 24 hours a day to serve food.
Over the past few years, the City has become aware of vendors of alcoholic beverages who have specifically obtained a special restaurant license in order to remain open past 2:30 a.m. for the purpose of allowing patrons to continue to congregate and dance while music is still playing. Alcoholic beverages are sold or provided at the establishments until 2:00 a.m., and the patrons are encouraged to remain at the establishments after the hours of 2:30 a.m., contrary to the intent of the alcoholic beverage code. The City is aware of at least three (3) establishments that have previously or are currently advertising that they specifically are open past 2:30 a.m. for the public, and in two (2) cases there was or is no legitimate food service.
This practice has created additional service calls and enforcement problems related to the consumption of alcoholic beverages for the Tallahassee Police Department. To address this problem, the ordinance amendment will require establishments with special restaurant licenses to close between the hours of 2:30 a.m. and 6:00 a.m., just as other alcoholic beverage vendors are now required to do.
The Commission previously approved this amendment in Ordinance No. 09-O-71 on January 28, 2009. However, due to an oversight, notice of the change to remove this exception was not contained in the heading of the agenda item and ordinance as advertised. This item is being brought before the Commission to allow public comment on this specific issue.
Commissioner Lightsey is sponsoring this ordinance.
RECOMMENDED ACTION
Option 1. Introduce Ordinance No. 09-O-16 and set for public hearing on April 22, 2009.
James R. English, City Attorney
For Information, please contact: Jim English, City Attorney, Ext. 8554
SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY/FACTS & ISSUES
In 1984, the City Commission adopted section 3-4 (formerly section 4-5) of the Tallahassee City Code that prohibited the sale of alcoholic beverages between 2:00 a.m. and 6:00 a.m. on each day. In addition, section 3-5 (formerly 4-6) of the City Code required any vendor of alcoholic beverages to close for business at 2:30 a.m. until 6:00 a.m. The ordinance provides that it does not apply “to holders of special restaurant hotel licenses”, which Staff has interpreted to mean to holders of special restaurant OR hotel licenses. The exception was ostensibly created to allow hotel guests to remain on the premises, and to allow restaurants to remain open 24 hours a day to serve food.
Over the past few years, the City has become aware of vendors of alcoholic beverages who have specifically obtained a special restaurant license in order to remain open past 2:30 a.m. for the purpose of allowing patrons to continue to congregate and dance while music is still playing. Alcoholic beverages are sold or provided at the establishments until 2:00 a.m., and the patrons are encouraged to remain at the establishments after the hours of 2:30 a.m., contrary to the intent of the alcoholic beverage code. The City is aware of at least three (3) establishments that have previously or are currently advertising that they specifically are open past 2:30 a.m. for the public, and in two (2) cases there was or is no legitimate food service.
This practice has created additional service calls and enforcement problems related to the consumption of alcoholic beverages for the Tallahassee Police Department. To address this problem, the ordinance amendment will require establishments with special restaurant licenses to close between the hours of 2:30 a.m. and 6:00 a.m., just as other alcoholic beverage vendors are now required to do.
FISCAL IMPACT
None.
OPTIONS
1. Introduce Ordinance No. 09-O-16 and set for public hearing on April 22, 2009.
2. Do not introduce Ordinance No. 09-O-16 and direct staff.
ATTACHMENTS/REFERENCES