At the request of Commissioner David Richardson, the above agenda item has been placed on the May 4, 2022 City Commission meeting agenda as a referral to the Planning Board.

On November 9, 2016, the City Commission adopted Ordinance No. 2016-4054, amending the hours of operation, and location and use restrictions for alcoholic beverage establishments located south of Fifth Street. The Ordinance provides that alcoholic beverage establishments shall cease operations no later than 2:00 a.m. each night. The Ordinance also established the following regulations on outdoor operations:

(ii)        Operations in outdoor or open air areas of an alcoholic beverage establishment shall cease no later than 12:00 a.m., except as otherwise provided herein.

(iii)       Alcoholic beverage establishments with sidewalk cafe permits shall only serve alcoholic beverages at sidewalk cafes during hours when food is served, shall cease sidewalk cafe operations no later than 12:00 a.m. (except as otherwise provided herein), and shall not be permitted to have outdoor speakers.

Commissioner Richardson would like the City Commission to refer an Ordinance to the Planning Board, amending the PS Performance Standard District regulations for properties within the South of Fifth neighborhood, in order to adopt uniform hours for the outdoor sale and consumption of alcoholic beverages at alcoholic beverage establishments, with such outdoor sale and consumption of alcohol to terminate at midnight. This will include amendments to the 2016 applicability clause, to require existing establishments to comply with the 12:00 a.m. termination time for sidewalk cafes and outdoor areas on private property.  

On April 6, 2022, a related ordinance repealing the 2016 exception altogether was adopted at First Reading. This new referral would affect outdoor service only, and would not impact the ability of establishments, existing as of 2016, to continue to serve alcohol until 5:00 a.m. indoors.

The outdoor sale and consumption of alcoholic beverages during the early morning hours is disruptive to residents, generates undesirable noise, and results in increased calls for service to the Police and Fire Departments. Accordingly, this Ordinance will be narrowly tailored to only address outdoor service in the South of Fifth neighborhood – which is primarily residential –  where the impacts of late-night drinking are most acutely felt.

Please do not hesitate to contact me if you have any questions.