Legal Question in Business Law in Florida

In a bar after hours

I own a bar in Sebastian, Florida. I stopped in after hours with one of my employees and a friend to pick up some personal effects. Doors were locked, the bar was closed and I made a drink for myself and my friend. A Sebastian cop came and told me that I wasn't allowed to be in my own bar after hours having a drink. Is this true?


Asked on 6/07/09, 3:57 pm

2 Answers from Attorneys
Charles Gallagher Gallagher & Associates Law Firm, P.A.

Re: In a bar after hours

Depends on the city code/law. It may well be that you cannot serve alcohol after hours, even if too your frind.

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Answered on 6/07/09, 4:03 pm
Sarah Grosse Sarah Grosse, Esquire

Re: In a bar after hours

CODE OF ORDINANCES CITY OF SEBASTIAN FLORIDA, Codified through Ord. No. O-08-09, Enacted September 4, 2008:

Sec. 10-2. Prohibited hours of sale.

(a) Except as permitted pursuant to subsection (b) of this section, no alcoholic beverages shall be sold, consumed, served, permitted to be sold, permitted to be consumed, permitted to be served, offered for sale or offered for consumption at any location where alcoholic beverages are permitted to be sold or consumed pursuant to a license or permit issued by the state department of business regulation, division of alcoholic beverages and tobacco, within the city limits during the following hours of each day:

(1) Between the hours of 1:00 a.m. and 7:00 a.m. on Sundays.

(2) Between the hours of 12:01 a.m. and 7:00 a.m. on Mondays.

(3) Between the hours of 1:00 a.m. and 7:00 a.m. on Tuesdays.

(4) Between the hours of 1:00 a.m. and 7:00 a.m. on Wednesdays.

(5) Between the hours of 1:00 a.m. and 7:00 a.m. on Thursdays.

(6) Between the hours of 1:00 a.m. and 7:00 a.m. on Fridays.

(7) Between the hours of 1:00 a.m. and 7:00 a.m. on Saturdays.

(b) Notwithstanding the provisions of subsection (a) above to the contrary, alcoholic beverages may be sold, consumed, served, permitted to be sold, permitted to be consumed, permitted to be served, offered for sale or offered for consumption, at any location where alcoholic beverages are permitted to be sold or consumed pursuant to a license or permit issued by the state department of business regulation, division of alcoholic beverages and tobacco, within the city limits on New Year's Day (January 1) between the hours of 12:01 a.m. and 3:00 a.m., in addition to the hours otherwise allowed.

(found at http://www.municode.com/resources/gateway.asp?pid=10311&sid=9)

The answer is that you cannot CONSUME alcohol in your own bar after hours.

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Answered on 6/07/09, 4:48 pm


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