§ 33-151. Hours and days of sale.

No alcoholic beverages shall be sold or served within the unincorporated areas of Miami-Dade County except at such hours and on such days and by such vendors as set forth below:

(a)

Establishments for package sales only. Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption off the premises only, shall make no sale of alcoholic beverages on Sundays, and shall make no sale of alcoholic beverages during weekdays except between the hours of 8:00 a.m. and 10:00 p.m.; provided, however, that vendors operating stores primarily for the sale of products other than alcoholic beverages (excepting such stores as are nonconforming under the zoning regulations) may make sales of beer in sealed containers for consumption off the premises during such hours as their stores legally remain open for the sale of other goods; provided further, however, that nothing in the foregoing proviso shall be deemed to modify any of the provisions of the zoning regulations as heretofore or hereafter adopted. Vendors in bait and tackle installations and camp grounds holding a State license from the beverage department for the sale of beer in sealed containers, for consumption off the premises, shall make no sale of beverages except between the hours of 5:00 a.m. and 7:00 p.m.

(b)

Marinas, piers and fishing camps. Vendors in marinas, piers and fishing camps holding a license from the State beverage department for the sale of alcoholic beverages shall make no sale of such alcoholic beverages on week days except between the hours of 8:00 a.m. and 1:00 a.m. of the following day, and between the hours of 5:00 p.m. on Sunday and 1:00 a.m. of the following Monday; provided, however, that such vendors may make sales of beer only for consumption on the premises between the hours of 10:00 a.m. on Sunday and 1:00 a.m. of the following Monday, and for consumption off the premises between the hours of 6:00 a.m. on any day and 1:00 a.m. of the following day.

(c)

Private clubs. Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in private clubs shall make no sale of such alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. of the following day, and shall make no sale of beer on Sundays except between the hours of 10:00 a.m. and 1:00 a.m. on the following Monday; and shall make no sale of any other alcoholic beverages on Sundays, except between the hours of 5:00 p.m. and 1:00 a.m. on the following Monday.

(d)

Charter boats. Vendors holding a license from the State beverage department for the sale of beer for consumption on charter boats shall make no sale of beer on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. of the following day, and shall make no sale of beer on Sundays except between the hours of 10:00 a.m. and 1:00 a.m. on the following Monday. No such sales shall be made by any charter boat until after having put out to sea.

(e)

Hotels and motels. Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in hotels and motels which are restricted by the zoning regulations to making such sales to guests only, shall make no sales of such alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. on the following day on weekdays, and shall make no sale of beer on Sundays, except between the hours of 10:00 a.m. and 1:00 a.m. on the following Monday; and shall make no sale of any other alcoholic beverages on Sundays except between the hours of 5:00 p.m. and 1:00 a.m. on the following Monday. In hotels and motels where package sales are restricted to guests only under the zoning regulations, no such sales shall be made except between the hours of 8:00 a.m. and 10:00 p.m. on weekdays, and between the hours of 5:00 p.m. on Sunday and 1:00 a.m. on the following Monday. In hotels and motels located in a proper business zone and conforming to the zoning regulations permitting unrestricted sales of alcoholic beverages, no sales shall be made except during the times permitted under Subsection (h) hereof.

"Premises", as used in this section, shall be confined to the bar and/or cocktail lounge located in the particular hotel or motel.

(f)

Cabarets. For the purpose of this section, the term "cabaret" shall mean a place of business other than a "night club" located in a hotel or a motel having fifty (50) or more guest rooms, where liquor, beer or wine is sold, given away or consumed on the premises and where music or other entertainment is permitted or provided for the guests of said hotel or motel only, which place of business is duly licensed as a "cabaret", shall make no sales of such alcoholic beverages except between the hours of 8:00 a.m. and 3:00 a.m. on the following day on weekdays and shall make no sale of said alcoholic beverages on Sundays except between the hours of 5:00 p.m. and 3:00 a.m. on the following Monday.

(g)

Restaurants. Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in restaurants, which are restricted by the zoning regulations to making such sales with the service of food only, shall make no sales of such alcoholic beverages on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. on the following day, and shall make no sales of beer on Sundays except between the hours of 10:00 a.m. and 1:00 a.m. on the following Monday; and shall make no sales of other alcoholic beverages on Sundays except between the hours of 1:00 p.m. and 1:00 a.m. on the following Monday. Sales of alcoholic beverages for consumption off the premises shall not be permitted. Vendors in restaurants located in a proper business zone and conforming to the zoning regulations permitting unrestricted sales only during the times permitted under Subsection (h) hereof.

(h)

Bars and cocktail lounges. Vendors having a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in those bars and cocktail lounges that are not restricted by the zoning regulations to guests only, or to service with food, or the like, shall make no sales of such alcoholic beverages on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. of the following day; and shall make no sales of beer on Sundays except between the hours of 10:00 a.m. and 1:00 a.m. of the following Monday; and shall make no sales of any other alcoholic beverages on Sunday except between the hours of 5:00 p.m. and 1:00 a.m. of the following Monday; sales of beer for consumption off the premises shall not be made on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. of the following day; and shall not be made on Sundays except between the hours of 10:00 a.m. and 1:00 a.m. of the following Monday. Sale of other alcoholic beverages for consumption off the premises shall not be made on weekdays except between the hours of 8:00 a.m. and 10:00 p.m.; and shall not be made on Sundays.

(i)

Night clubs. Upon written application to the Board of County Commissioners and upon paying of the Board of County Commissioners the sum of five hundred dollars ($500.00), any person holding a license under the State beverage department for sale of alcoholic beverages on the premises, and which place of business so conducted by such vendor classified as a night club, as defined in Section 33-1, shall be issued a special permit to operate as a night club. Such special permit shall be paid for on or before the first of October and shall expire the first of the succeeding October; provided that any person beginning business after the first of October may obtain a special permit upon the payment of the annual fee of five hundred dollars ($500.00), and such permit shall expire on the first of the succeeding October; provided further that any person beginning such business on or after the first of April of any year may procure a special permit expiring the first of October of the same year on the payment of one-half (½) the fee herein required for the annual special permit. Such special permit shall be posted at a conspicuous place in the place where such night club operates.

Any night club, as defined in section 33-1, which holds a night club license from this Board and which holds a license from the State beverage department for the sale of alcoholic beverages on the premises, shall be permitted to remain open, and sell alcoholic beverages for consumption on the premises from 8:00 a.m. to 4:50 a.m. of the following day during week days, and on Sundays to remain open and sell beer for consumption on the premises from 10:00 a.m. to 4:50 a.m. of the following Monday; and to remain open and sell other alcoholic beverages on Sunday for the consumption on the premises from 5:00 p.m. to 4:50 a.m. of the following Monday; and except that where the alcoholic beverages are served with meals at tables, the same may be served from 1:00 p.m. on Sunday to 4:50 a.m. on the following Monday. It is specifically provided, however, that each and every night club that may operate in the unincorporated areas of Miami-Dade County in accordance with this section shall close its doors and have all its patrons off its premises by not later than 5:00 a.m. of each day.

(j)

Miami International Airport and County-owned airports. Vendors authorized by the Board of County Commissioners to sell alcoholic beverages upon the property and premises of the Miami International Airport or County-owned airports, and holding appropriate licenses from the State of Florida, Department of Business Regulation, Division of Beverage for the sale of alcoholic beverages for consumption on the premises, shall make no sale of such alcoholic beverages except between the hours of 8:00 a.m. and 4:50 a.m. the following day. Authorized vendors holding appropriate licenses from the State of Florida, Department of Business Regulation, Division of Beverage for the sale of alcoholic beverages for consumption off the premises only shall make no sale of alcoholic beverages except between the hours of 8:00 a.m. and 10:00 p.m.

(k)

Motels and hotels in North Miami Beach service area. Anything in this section to the contrary notwithstanding, hotels and motels located in that portion of the "North Miami Beach service area" bounded on the north by the County line, on the west by the Intracoastal Waterway, on the east by the Atlantic Ocean, and on the south by Bakers Haulover Park, shall be entitled to make sales of alcoholic beverages and package sales to guests on Sunday commencing at 1:00 p.m., and continuing until 1:00 a.m. on the following Monday.

(l)

Additional interpretations. Wherever in this section it is provided that weekday sales of alcoholic beverages are permitted between any certain hour and a stated time on the following day, the term "following day" shall be deemed to include Sunday.

(m)

Package sales on Christmas Eve and New Year's Eve and on Sundays during the month of December. All vendors in the unincorporated areas of Miami-Dade County holding valid, current licenses from the State beverage department for the sale of alcoholic beverages for consumption off the premises (establishments for package sales only) may make sales and keep their places of business open until 12:00 midnight on Christmas Eve (December 24th) and New Year's Eve (December 31st), and between the hours of 8:00 a.m. and 10:00 p.m. on Sundays during the month of December, the provisions of Subsection (a) of this section to the contrary notwithstanding.

(n)

Excursion, sightseeing or tour boats. Vendors holding a license from the State beverage department for the sale of beer, wine and liquor for consumption on excursion, sightseeing or tour boats shall make no sale of such beer, wine and liquor on week days except between the hours of 8:00 a.m. and 1:00 a.m. of the following day, and shall make no sale of such beer, wine and liquor on Sundays except between the hours of 10:00 a.m. and 1:00 a.m. on the following Monday. No such sales shall be made by any excursion, sightseeing or tour boats while moored at docks or wharves. The term "charter boats" as it is commonly used and as it is used in Subsection 33-151(d) is expressly excluded from the operation of this subsection.

(o)

Golf course clubhouse and ancillary refreshments stands. Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in lounges in golf course clubhouses shall make no sales of such alcoholic beverages on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. on the following day, and shall make no sales of beer on Sundays in such lounges except between the hours of 8:00 a.m. and 1:00 a.m. on the following Monday and shall make no other sales of alcoholic beverages on Sundays except between the hours of 1:00 p.m. and 1:00 a.m. on the following Monday. Sale of beer from ancillary golf course refreshment stands shall be made only between the hours of 8:00 a.m. and 1:00 a.m. the following day, including Sundays.

(p)

Not-for-profit theaters with live performances. Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in State-chartered not-for-profit theaters with live performances shall make no sale of alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. on the following day, and shall make no sales of beer on Sundays except between the hours of 10:00 a.m. and 1:00 a.m. on the following Monday, and shall make no sale of any other alcoholic beverages on Sundays, except between the hours of 6:00 p.m. and 1:00 a.m. on the following Monday.

(q)

Any adult entertainment club, which has a Certificate of Use and which holds a license from the State beverage department for the sale of alcoholic beverages on the premises, shall be permitted to remain open, and sell alcoholic beverages for consumption on the premises from 8:00 a.m. to 4:50 a.m. of the following day during week days, and on Sundays to remain open and sell beer for consumption on the premises from 10:00 a.m. to 4:50 a.m. of the following Monday; and to remain open and sell other alcoholic beverages on Sunday for the consumption on the premises from 5:00 p.m. to 4:50 a.m. of the following Monday. It is specifically provided, however, that each and every adult entertainment club that may operate in the unincorporated areas of Miami-Dade County in accordance with this section shall close its doors and have all its patrons off its premises by not later than 5:00 a.m. of each day.

(r)

Brewery (not farm related), brew pub, distillery (not farm related), or winery (not farm related). Notwithstanding any other provisions of this chapter to the contrary, a brewery (not farm related), brew pub, distillery (not farm related), or winery (not farm related), along with any accessory uses, shall make no sales of alcoholic beverages on weekdays or weekends except between the hours of 8:00 a.m. and 1:00 a.m. on the following day.

(Ord. No. 57-19, § 5(J), 10-22-57; Ord. No. 65-20, § 1, 4-6-65; Ord. No. 65-40, §§ 1—3, 5-18-65; Ord. No. 71-1, §§ 3, 4, 1-6-71; Ord. No. 73-67, § 1, 7-17-73; Ord. No. 75-110, § 5, 12-2-75; Ord. No. 78-21, § 2, 4-4-78; Ord. No. 82-107, § 1, 11-16-82; Ord. No. 91-30, § 2, 3-5-91; Ord. No. 02-230, § 1, 11-19-02; Ord. No. 16-134, § 2, 12-6-16)

Cross reference

Solicitation of drinks by hosts, waitresses, entertainers and others prohibited, § 21-21.