§ 10-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alcoholic beverages, including beer, wine and mixed beverages, shall have the meanings in F.S. §§ 561.01, 563.01, 564.01 and 565.01, unless the context clearly indicates or requires a different meaning.
Bar means any place of business where wine, beer, or alcoholic beverages are sold or offered for sale for consumption on the premises, and where the sale of food is incidental to the sale of these beverages, or where no food is sold. Every place of business that sells or permits alcoholic beverages to be consumed on premises that is not specifically defined in this section shall be considered a bar under this chapter for the purposes of regulation.
Cigar store and smoking lounge means a retail establishment that sells tobacco products, provides an area for smoking tobacco, and serves beer and wine for consumption on the premises. To do business within the city, a cigar store and smoking lounge must be approved as a "special exception use" by the city council under section 78-36 of the Hialeah Gardens Code of Ordinances. A cigar store and smoking lounge may be approved as a "special exception" use in the city's General business district (B-2), Commercial business district (B-3), or Light industrial business district (IN-1). The city council may condition its "special exception" approval upon whatever directives or limitations it believes are reasonably necessary to protect the interest of its citizens and property owners. Additional specific conditions precedent to "special exception" approval by the city council are:
(1)
The "cigar store and smoking lounge" shall be not less than 1,000 square feet in size and may not be a "restaurant," "bar," "nightclub," or "show club" as defined in section 10-1 of chapter 10 of the Hialeah Gardens Code of Ordinances.
(2)
Food service in the establishment is limited to inside service of light snacks and sandwiches incidental to the operation of the cigar store and smoking lounge. Outside service of food is not permitted.
(3)
In the event the sale of tobacco products is discontinued or terminated, then the smoking lounge use is terminated and the sale of alcoholic beverages (beer and wine) is no longer permitted.
(4)
The cigar store and smoking lounge shall not be freestanding and must be located in an existing shopping center, a commercial building, or a warehouse.
(5)
Service of alcoholic beverages (beer and wine) shall be subject to all conditions and restrictions set forth in chapter 10 (alcoholic beverages) of the Hialeah Gardens Code of Ordinances as well as applicable state licensing rules and regulations governing the sale of alcoholic beverages.
Consumption off premises means the selling of beers, wines, or alcoholic beverages in the original unbroken containers, to be taken by the purchasers off the premises where sold before being consumed.
Consumption on premises means consumption of all beers, wines, or alcoholic beverages of every kind, or the right to sell by the drink, bottle, or can these beverages for consumption on the licensed premises only.
Full-course meals means a meal consisting of salad, entree, dessert, beverage, and bread and butter, all prepared on the premises. Fast foods, sandwiches, frozen foods, or any other services not requiring the utilization of a full-time chef are not considered full-course meals.
Hotel or motel bar means a bar operated in connection with a hotel, motel, or apartment hotel of more than 25 hotel or motel rooms or apartments, and operated by the same management, the bar being equipped with adequate and sanitary equipment. The sale of beer, wine and alcoholic beverages shall be strictly incidental to the principal use as a hotel or motel.
Liquor means and includes any and all distilled or rectified spirits, brandy, whiskey, rum, gin, cordials, or similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing.
Nightclub means any place of business operating after 9:00 p.m., where full-course meals, alcoholic beverages, and refreshments are continuously available and served and sold to the public until at least one hour before the authorized closing time in connection with dancing, vaudeville, theatrical, or similar entertainment; and where, in addition to the space occupied by chairs and tables for service of meals, there is provided a floor space of at least 400 square feet prepared for dancing, free from chairs, tables, or other obstructions at all times. Music shall be provided continuously from 9:00 p.m. except for reasonable break periods, the sum of which shall not exceed one-half of the time between 9:00 p.m. and the authorized closing time, by a live band, orchestra, or musical instruments being played by at least two musicians at the same time. However, should the band, orchestra, or musical entertainment not perform on any evening between the hours of 9:00 p.m. and the authorized closing time, the nightclub shall be regulated as a bar, as defined in this section.
Package store license means a vendor's license to sell alcoholic beverages in sealed containers only and for consumption off the premises. The sealed package must not be broken and the contents must not be consumed in or on the premises under a package store license.
Person or vendor includes all persons selling, offering, or keeping with the intention of selling or dealing the beverages defined in this chapter.
Restaurant bar means a bar operated in connection with a restaurant and by the same management, where the principal business is the serving of full-course meals and where full-course meals are actually and regularly served, having accommodations for 150 or more patrons at tables and occupying more than 2,500 square feet of space, the space being provided and equipped with adequate and sanitary kitchen and dining room equipment. The restaurant bar must be directly connected with the dining room. The sale of beer, wine and alcoholic beverages shall be strictly incidental to the serving of food. The sale of beer, wine and alcoholic beverages shall be prohibited except during the time the restaurant is actually engaged in, and open to the public for, the serving of meals.
Show club means any place of business operating after 9:00 p.m. where alcoholic beverages and refreshments or full-course meals are continuously served until at least one hour before the authorized closing time in connection with vaudeville, theatrical, or similar entertainment. Musical or theatrical performances shall be provided continuously after 9:00 p.m. except for reasonable break periods, the sum of which shall not exceed one-half of the time between 9:00 p.m. and the authorized closing time, by live performers or by a live band, orchestra, or musical instruments being played by at least two musicians at the same time.
(Code 1985, § 110.01; Ord. No. 2015-18, § 4, 12-1-15)
Cross reference
Definitions generally, § 1-2.