§ 33.03. Hours of Service, Sale, and Consumption.

Except as otherwise provided in this section, no alcoholic beverages shall be sold, consumed, or served, or permitted to be served or consumed in any place whose principal business is the sale, service, or consumption of alcoholic beverages; or sold at any other place in any manner between the hours of 2:00 a.m. and 7:00 a.m., Monday through Saturday, and between the hours of 2:00 a.m. and 9:00 a.m. on Sunday.

Within the meaning of this Chapter, sale shall be regarded as being made if the alcoholic beverage is delivered to any person during prohibited hours regardless of whether payment therefore is made at some other time. If such commercial establishment is a corporation, then the officers of such corporation shall be regarded as the owners thereof for purposes of enforcement of this Chapter. If such commercial establishment is a private club, then the officers of such club shall be regarded as the owners thereof for purposes of enforcement of this Chapter.

1.

Any person or corporation which dispenses, sells, or serves alcoholic beverages; or permits alcoholic beverages to be dispensed, sold, served or consumed in the City on the establishment's licensed premises, and whose principal business is the sale, service, or consumption of alcoholic beverages, shall be closed during the period of time outside of normal business hours, except as provided in subparagraphs 33.03(2), (3), and (4).

Any such commercial establishment shall, at the hour of 2:00 a.m., cause all outside lights on the premises occupied by it to be extinguished and shall cause all entrances and exits to such establishment to be locked, and the entrances and exits shall not be opened during the prohibited hours except to admit the proprietor and his or her employees to enter and to permit the egress of the proprietor, employees and customers or members of such place from the premises. In no instance shall open containers of alcoholic beverages be accessible to customers or members or be permitted to be in the open patronage area of the commercial establishment one-half hour after the time for cessation of alcoholic beverage sales has expired. Customers or members within the establishment shall be required by the proprietor or his or her employees to leave the establishment within one hour after the time for cessation of alcoholic beverage sales has expired. Nothing herein contained shall be construed so as to permit any place to sell, serve, or permit alcoholic beverages to be sold, consumed or served during prohibited hours.

2.

Anything herein to the contrary notwithstanding, establishments located at Orlando International Airport which sell duty-free packaged alcoholic beverages shall be permitted to sell such duty-free packaged alcoholic beverages to outgoing international passengers only, without regard to the hour of the day or the day of the week.

3.

Heritage Square, Leu Gardens, the Amway Center, Camping World Stadium, Dr. Phillips Center for the Performing Arts, Tinker Field, and the Bob Carr Performing Arts Centre, any additional Orlando Venues facilities, and events taking place at those facilities, shall be exempt from the provisions of this section.

4.

All facilities under the jurisdiction and supervision of the City Department of Families, Parks and Recreation, and events taking place at such facilities, may be exempted from the provisions of this section by the Families, Parks and Recreation Director, upon such terms and conditions as he or she may impose.

5.

The Central Florida Fairgrounds and the City streets, sidewalks, or alleys, and events taking place at such facility or on such streets, sidewalks or alleys, may be exempted from the provisions of this section by the Chief of Police upon such terms and conditions as he or she may impose; provided, however, that as to streets, sidewalks and alleys, the requirements of subsection 33.06(6) must be met.

6.

Activities sponsored or co-sponsored by a governmental entity which are held on premises where alcoholic beverages are dispensed and whose principal business is the sale of alcoholic beverages may be held outside normal business hours, provided that no alcoholic beverages are sold or dispensed during prohibited hours.

7.

Alcoholic beverages may be sold in any place holding a license from the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Bureau of Licensing, which license permits package sale of alcoholic beverages by the licensee for consumption off the premises of the licensee, but only between the hours of 7:00 a.m. and 2:00 a.m. the following day Monday through Saturday, and between the hours of 9:00 a.m. and 2:00 a.m. the following day, on Sunday.

8.

On January 1, of any year, the hours of operation to sell alcoholic beverages by any establishment licensed to sell alcoholic beverages, and the related requirements of subsection (1), are extended from 2:00 a.m. to 3:00 a.m.

9.

For special events or occasions, Council may extend the hours of alcoholic beverages sales, and the related requirements of subsection 1 of this section, by one additional hour.

(Ord. of 1-30-1984, Doc. #18332; Ord. of 9-22-1986, Doc. #20620; Ord. of 12-8-1986, Doc. #20792; Ord. of 5-7-1987, Doc. #21179; Ord. of 6-8-1987, Doc. #21256; Ord. of 9-8-1997, Doc. #30572; Ord. of 5-11-1998, Doc. #31215; Ord. of 8-10-1998, Doc. #31423; Ord. of 11-9-1998, Doc. #31680; Ord. of 9-13-1999, § 1, Doc. #32327; Ord. of 6-24-2002, § 2, Doc. #020624701; Ord. of 1-12-2004, § 2, Doc. #040112905; Ord. of 12-12-2005, § 1, Doc. #051212901; Ord. No. 2010-8, § 1, 5-24-2010, Doc. #1005241103; Ord. No. 2013-60, § 5, 12-9-2013, Doc. #1312091201; Ord. No. 2016-67, § 2, 9-15-2016, #1609151204)

Editor's note

Ord. No. 2016-67, § 3, adopted September 15, 2016, Document # 160915120 states "the temporary moratorium on the opening of new afterhours nightclubs and on the expansion or relocation of any existing afterhours nightclubs, enacted pursuant to Ordinance No. 2015-58 and extended by Ordinance No. 2016-40, is hereby terminated."