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 Orlando
 Code of Ordinances
 Chapter 33. ALCOHOLIC BEVERAGES

  § 33.04. Rules of Evidence and Enforcement of this Chapter.  

Latest version.

  • (a)

    In all prosecutions for violations of this Chapter, the manufacturer's label on the beverage container shall be prima facie evidence that the substance in such container was and is an alcoholic beverage.

    (b)

    Any person who by experience in the handling or use of alcoholic beverages, or who by taste, smell, or the drinking of such beverages has knowledge as to the alcoholic nature thereof, may testify as to his or her opinion whether such beverage is or is not alcoholic, and a verdict based upon such testimony shall be valid.

    (c)

    If an establishment is owned or operated by a corporation, then the officers of the corporation shall be regarded as the owners or operators of the establishment for purposes of enforcement of this Chapter. If an establishment is a private club, then the officers of such club shall be regarded as the owners of the private club for purposes of enforcement of this Chapter.

    (d)

    In all prosecutions for violations of this Chapter, an alcoholic beverage establishment licensed by the State of Florida to dispense alcoholic beverages on the premises shall be rebuttably presumed to be an establishment at which alcoholic beverages are sold, consumed, or served or permitted to be sold, consumed, or served. Evidence that a business has been issued a license by the State of Florida Division of Alcoholic Beverages and Tobacco shall be prima facie evidence that a business is an alcoholic beverage establishment as defined in this Chapter.

    (e)

    In all prosecutions for violations of this Chapter, an alcoholic beverage establishment which has been issued an "Alcoholic Beverage" or "Bar/Lounge Retail" business tax receipt pursuant to Chapter 36 of this Code shall be rebuttably presumed to be an alcoholic beverage establishment at which alcoholic beverages are sold, consumed, or served or permitted to be sold, consumed, or served. Evidence that a business has been issued an "Alcoholic Beverage" or "Bar/Lounge Retail" business tax receipt pursuant to Chapter 36 of this Code shall be prima facie evidence that a business is an alcoholic beverage establishment as defined in this Chapter.

(Ord. No. 2013-60, § 6, 12-9-2013, Doc. #1312091201)

Editor's note

Ord. No. 2013-60, § 6, adopted Dec. 9, 2013, changed the title of § 33.04 from " "Alcoholic Beverages" Defined; Rules of Evidence in Prosecutions for Violations of Chapter" to "Rules of Evidence and Enforcement of this Chapter."