Commissioners voted this week to push back the allowable start time of alcohol sales in retail stores including grocery, convenience stores and gas stations from 8:00 am to 10:00. Previously sales were allowed between 8:00 am and midnight. The change was recommended by the Committee on the Homeless in an attempt to encourage the homeless to get services during these hours rather than drinking and to reduce the presence of drunkenness during the hours when parents are taking children to school.
The Commission discussed carving out large grocery stores, where the homeless are less likely to buy alcohol, however the City’s attorney advised large and small grocery stores could not be treated differently. One of the biggest issues is the sale of single cans of beer and small bottles of wine, which is allowed under state law and cannot be controlled by the City. Despite an offer of a voluntary ban on selling single serve cans and small bottles by Publix, Commissioners determined that was not enforceable and the ordinance passed as written to include grocery stores in the limitation. Commissioners agreed to review the results in six months to determine if any changes or rollbacks needed to be made.
Also approved were reduced hours and other regulations for new establishments that plan to serve alcohol in two areas of the City:
41st Street: 2:00 am closing time, sidewalk café service ends at midnight and no outdoor speakers are permitted. Rooftop operations must end at 11:00 pm on weekdays and midnight on weekends and are only permitted to have "ambient, background music". Outdoor bar counters are not permitted.
South of Fifth Street: 2:00 closing time, outdoor or open areas must close by midnight, outdoor bar counters are prohibited, sidewalk café operations must end at midnight and no outdoor speakers are permitted.
These regulations apply only to new businesses. Established businesses may continue to operate under the old code, which among other things allows a 5:00 am closing time.
Similar regulations have been put in place in Sunset Harbour and North Beach and there is pending legislation for the west side of Alton Road.
prohibitions discussed for ocean drive, mxe, sunset harbour