§ 3-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverage means and includes alcohol, spirits, liquor, wine and beer.

Bottle club means a commercial establishment, operated for a profit, whether or not a profit is actually made, wherein patrons consume alcoholic beverages which are brought onto the premises and not sold or supplied to the patrons by the establishment, whether the patrons bring in and maintain custody of their own alcoholic beverages or surrender custody to the establishment for dispensing on the premises, and which is located in a building or other enclosed permanent structure. This definition does not apply to sporting facilities where events sanctioned by nationally recognized regulatory athletic or sports associations are held, bona fide restaurants licensed by the division of hotels and restaurants of the department of business and professional regulation whose primary business is the service of full course meals, or hotels and motels licensed by the division of hotels and restaurants of the department of business and professional regulation.

Consideration shall mean:

(1)

The payment of or obligation to pay any cover charge, entrance fee, dues, membership dues, or commission for the right or privilege to enter or remain upon the premises;

(2)

The payment or obligation to pay for ice, nonalcoholic mixes or other nonalcoholic liquids used in connection with alcoholic beverage drinks;

(3)

The payment or obligation to pay for use of glassware or other containers for the consumption of alcoholic beverage drinks;

(4)

The payment or obligation to pay for food;

(5)

The payment or obligation to pay for entertainment of any kind, whether live, recorded, taped or on film; or

(6)

The payment or obligation to pay for any combination of the foregoing.

Consumption of alcoholic beverages means the drinking of or using of any alcoholic beverage.

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 Beverage Law (F.S. chs. 561—568).

State Law reference— Similar provisions, F.S. § 561.01(q).

Service of alcoholic beverages means to offer or provide alcoholic beverages.

Vendor means any person who owns or operates a business establishment which sells at retail any alcoholic beverage not for on-premises consumption including any person who owns or operates a liquor store, or other business establishment which has retail sale of alcoholic beverages. For purposes of this section, the term "vendor" shall not include bars, restaurants or other establishments which are permitted to sell alcoholic beverages for consumption on the premises.

(Ord. No. 77-3, § 2-1-77; Ord. No. 77-7, § 1, 4-26-77; Ord. No. 79-6, § III, 6-5-79; Ord. No. 82-12, § 1, 8-10-82; Ord. No. 82-16, § I, 9-7-82; Ord. No. 88-17, § 2, 4-12-88; Ord. No. 89-2, § 1, 1-10-89; Ord. No. 91-12, § 1, 3-19-91)

Cross reference

Rules of construction and definitions, § 1-2.