§ 21-31.3. Warning signs required for retail sale of alcoholic beverages.  


Latest version.
  • (a)

    Definitions. For the purposes of this section the following definitions shall apply:

    (1)

    Alcoholic beverages shall mean alcoholic beverages as set forth in Section 561.01(4)(a), Florida Statutes, as same may be amended from time to time.

    (2)

    Business Establishment includes, but is not limited to, any place of business or any club, organization, person, firm, corporation or partnership such as a golf club, country club, veteran's fraternal or benevolent organization, grocery store, drug store, nightclub, bottle club, cocktail bar, hotel bar, tavern, restaurant, restaurant bar, grill, filling station, convenience store, package store, or any other building, structure, or location or portion thereof, where in one person directly or indirectly pays another for purchase or dispensing of an alcoholic beverage.

    (3)

    Conspicuously Posted means clearly visible, easily readable and immediately apparent upon viewing.

    (4)

    Dispense means storing, handling, apportionment, preparation, gift, distribution or serving, directly or indirectly, of any amount of an alcoholic beverage to or for any person by any officer, owner, operator, lessee, or employee of a business establishment. For purpose of this definition, permitting or allowing any person to carry alcoholic beverages on the premises of any business establishment to be consumed thereon shall constitute the dispensing of such beverages.

    (5)

    Minor means any individual under the legal drinking age as set forth in Florida Statutes, Sections 562.11 and 562.111 as the same may be amended from time to time.

    (6)

    Sale and sell shall mean "sale" and "sell" as set forth in Section 561.01(9), Florida Statutes, as same may be amended from time to time.

    (7)

    Retail shall mean sale to the ultimate consumer.

    (b)

    Signage required for all business establishments selling alcoholic beverages. All persons who own or operate a business establishment which sells or dispenses at retail alcoholic beverages for consumption on or off the premises shall conspicuously post a notice within said business establishment in such a place where alcoholic beverages are either displayed, purchased or consumed. The required notice shall consist of one or more signs or notices, each of which is not less than ninety-three square inches (8-1/2 x 11), with at least 30-point type, which contains the following information, clearly discernable by persons to whom alcoholic beverages may be sold or dispensed.

    (1)

    It is unlawful to purchase alcohol if you are under 21 years of age.

    (2)

    It is unlawful to sell or dispense alcohol under 21 years of age unless exempt pursuant to Section 562.11 or 562.13, Florida Statutes.

    (3)

    The penalties associated with the sale or dispensing of alcoholic beverages to persons under 21 years of age include imprisonment in a County jail and a fine.

    (4)

    A telephone number to report those who are in violation of the law. Such telephone numbers may include but are not limited to:

    a.

    305-470-6787—Division of Alcoholic Beverages and Tobacco.

    b.

    1-877-MEANS 21 (877-632-6721).

    (c)

    Signage required for business establishments selling alcoholic beverage for consumption off the premises. No person shall sell at retail any alcoholic beverage for consumption off the premises of the business establishment unless said person has posted in a conspicuous place where the sale is to occur a sign which is at least eleven (11) inches by seventeen (17) inches in size, which is plainly visible and legible to all persons entering the premises and which shall read as follows:

    HEALTH WARNING

    ALCOHOL IN BEER, WINE AND LIQUOR CAN CAUSE:

    *

    INTOXICATION

    *

    ADDICTION

    *

    BIRTH DEFECTS

    REDUCE YOUR RISKS:

    DO NOT DRINK BEFORE DRIVING OR OPERATING MACHINERY.

    DO NOT MIX ALCOHOL WITH OTHER DRUGS (IT CAN BE FATAL).

    DO NOT DRINK DURING PREGNANCY.

    Hotels, restaurants, lounges and other establishments which are permitted to sell alcoholic beverages for consumption on the premises are expressly exempt from the provisions of this subsection (c).

    (d)

    Language of signs. The owner or operator of a business establishment subject to this section shall conspicuously post translations of the required notice in Spanish and Creole.

    (e)

    Exemptions. The restrictions of subsections (b) and (c) shall not apply to a bona fide restaurant without a restaurant bar. However, such place of business shall conspicuously post a notice with the contents set forth in subsection (b) above within said business establishment where it will be visible to all employees of the business.

    (f)

    Penalties. Any person violating any of the provisions of this section shall, upon conviction of such offense, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days in the County Jail, or both, in the discretion of the court. Each day of continued violation shall be considered a separate offense.

(Ord. No. 91-49, § 1, 5-7-91; Ord. No. 16-7, § 1, 1-20-16)