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 St. Petersburg
 Code of Ordinances
 Chapter 3. ALCOHOLIC BEVERAGES

§ 3-1. Definitions.  

Latest version.

  • The words, terms, and phrases used in this section shall mean those as defined in the State statutes regulating alcoholic beverages, or in chapters 1 and 16. In addition, the following words, terms and phrases, when used in this section, shall have the following meaning except where the context clearly indicates a different meaning:

    Club means any holder of a license to sell alcoholic beverages in accordance with F.S. § 565.02 and shall also mean those organizations described in F.S. § 561.20.

    Establishment dealing in intoxicating beverages means any business or establishment licensed by the State for the sale or service of alcoholic beverages and includes the term "licensed premises" as defined in State statues. However, the term "establishment dealing in intoxicating beverages" when applied to hotels, clubs or restaurants (eating and drinking establishments) means that area or part of such hotels, clubs or restaurants (eating and drinking establishments) in which alcoholic beverages are kept, stored or prepared for service except when such area is capable of being closed or in some other manner set apart and forbidden to access.

    Incidental to means that less than 50 percent of the gross sales of the establishment shall be from the sale of alcoholic beverages.

    License means a permit issued by the State pursuant to F.S. ch. 561, 562, 563, 564 or 565 or other applicable statute regulating the sale of alcoholic beverages.

    Open or unsealed containers includes any alcoholic beverage container where the factory seal has been broken notwithstanding the fact that the container may have been recapped or covered, such as an open bottle or can. An alcoholic beverage which has been transferred from the container into which it was placed by the manufacturer for retail sale to the general public into another container, such as a cup, shall be deemed to be an alcoholic beverage in an unsealed container notwithstanding the fact that the new container may be capped.

    Possession means actual possession which means that the alcoholic beverage is in the hands of or on the person, or the person was observed relinquishing possession (e.g., setting the container down, handing it to another person, throwing it away). Constructive possession is not sufficient.

    Restaurant means an eating and drinking establishment serving alcoholic beverages that is governed by either:

    (1)

    A State series SRX alcoholic beverage license; or

    (2)

    By another State consumption on premises license and which maintains a greater than 50 percent ratio of food and nonalcoholic beverage gross sales relative to total food and beverage gross sales as measured on an annual basis.

    Vendor means any person who keeps for sale, sells, offers for sale, serves or dispenses alcoholic beverages in any quantity in any place of business licensed by the State for the sale of alcoholic beverages or any person who holds a license from the State for the sale of alcoholic beverages, including the owner, manager, operator, proprietor or licensee, or the servant, agent or employee of any owner, manager, operator, proprietor or licensee, of such a place of business.

(Code 1973, § 5-1; Code 1992, § 3-1; Ord. No. 1198-F, § 1(5-1), 9-6-1990; Ord. No. 2064-F, § 1(5-1), 6-20-1991; Ord. No. 482-G, § 1, 7-5-2001; Ord. No. 568-G, § 1, 11-21-2002)