How will Winter Garden’s alcohol ordinance impact downtown businesses?

Downtown Winter Garden stakeholders on Wednesday, Aug. 17, received an email from city staff about a new proposed alcohol ordinance.

 

In the email, city of Winter Garden staff said Florida amended the law and requirements for alcohol sales and licensure last year. Therefore, the ordinance is being proposed “to ensure sufficient alignment with the state statute, while at the same time include considerations that are both right for Winter Garden and preserve what we’ve collectively worked so hard to nurture in vibrancy and family-friendliness.” 

However, several downtown business owners have multiple concerns regarding the ordinance, including the long-term economic impact the ordinance could have on the area if approved. 

“The evolution in downtown from a focus on the land and agriculture to the people who live there was largely driven by what was needed by the community: the West Orange Trail, an improved streetscape, the farmers market and the Garden Theatre,” said Becky Roper, owner of Pilars Martini  & Loft in downtown Winter Garden. “All of these changes started bringing thousands of new faces to our town, but it was evident there was still something missing and more that needed to evolve with the change in times. 

 

“That’s when the creation of new businesses — which many never imagined would open and thrive in this buzzing, diverse welcoming hometown full of joy for both old and new families curious about the sense of place being crafted — began popping up,” she said. “Business leaders started to notice that our small city was being recognized on a larger scale as a place to be proud of, largely because it quickly responded to the organic growth and provided our community what it needed. The Sunday Garden Theatre matinee or the after-evening-show theater guests were initially greeted by a ghost town. 

“That is until ‘blue laws’ were lifted, which immediately allowed a vibrancy and flexibility to build a thriving city, seven days a week,” Roper said. “This opened the doors to encourage diverse dining, shopping provided by small vendors and coffee shops and late night spots to thrive all hours of the day and into the night in a new and exhilarating Winter Garden. The proposed alcohol ordinance slams the door shut on this incredible progress and, more importantly, does not serve this new community as a whole, but solely a small segment of a Winter Garden of a different time.”

THE PROPOSAL

While the amendment elements for the ordinance have not yet been discussed or approved by the City Commission, staff said they wanted to share a preview with the stakeholders regarding impending changes that will primarily impact the downtown district.

The email included three attachments: a fact sheet, the complete revised ordinance and a map outlining the city’s downtown district. 

Courtesy image

The fact sheet addresses topics such as opening a business that serves alcohol, opening a bar, serving beer and wine at a restaurant, serving alcohol at a restaurant, opening a brewery or distillery, getting approved as a fine-dining establishment, and serving alcohol at a special event.  

The new ordinance discusses governing items, such as business establishment locations near a church or school, hours of sale and service of alcoholic beverages; and it requires restaurants to discontinue selling and serving alcoholic beverages when food service is not available via onsite food preparation facilities. 

City Manager Jon C. Williams said the goal of the ordinance is to align the City Code with the City Charter and state law, as well as address “the deleterious effects of serving alcoholic beverages after midnight.” 

He said these effects include loud and raucous behavior by patrons; causing a shift in patronage from shopping, dining and family entertainment to purchasing and consuming alcohol; requiring the city to expend increased resources upon police patrols and other law-enforcement actions; and creating an environment inconsistent with a healthy environment and family-oriented focus.

The city’s charter states: “All regulations affecting the location of any establishment selling intoxicating liquor, wine or beer for consumption on the premises shall be subject to a referendum of the voters,” and “except for restaurants that derive more than 51% of their annual revenue from the sales of food and non-alcoholic beverages served for consumption on the premises, any establishment selling intoxicating liquors, wine or beer, for consumption on the premises shall not be located less than 1,200 feet from a school or an established church within the corporate limits of the city.”

State law prior to July 1, 2023, places the following requirements for a Special Food Service Liquor License: derives at least 51% of gross food and beverage revenue from the sale of food and nonalcoholic beverages; contains 2,500 square feet of service area; and is equipped to serve 150 persons at one time.

State liquor license requirements as of July 1, 2023, include: derives at least 51% of gross food and beverage revenue from the sale of food and nonalcoholic beverages; are a bona fide food service establishment that has a least 2,000 square feet of service area; and equipped to serve meals to 120 people at one time, has at least 120 physical seats available for patrons to use during operating hours and holds itself out as a restaurant.

Alcohol beverage and tax regulations provide that a “bona fide restaurant” is a premises that holds itself out to be primarily a restaurant, advertises as a full-service restaurant and offers a complete menu as opposed to snacks or fast foods.

In addition, a bona fide food service establishment must hold a Permanent Food Service license issued by the Florida Division of Hotels & Restaurants. However, the Division of Alcoholic Beverages and Tobacco regulations indicated that a public food service establishment licensed by the Division of Hotels & Restaurants is not conclusive in determining whether or not a public food service establishment is a bona fide restaurant.

“It is our hope that you will find the proposed changes both appropriate and fair in terms of the way forward for our city and our cherished downtown,” Economic Development Director Marc Hutchinson wrote in the email. “Again, we are grateful for your patience and supportive stance in the development of this amendment. We look forward to your feedback.”

City staff said there has not yet been a date set for the ordinance to be discussed by the City Commission.

‘THIS IS DETRIMENTAL TO DOWNTOWN’

Winter Garden resident Jack Butler, director of legislative affairs for a national professional association, is a certified planning consultant for some of the local affected businesses.

He believes when considering any changes of the type proposed in the draft ordinance, it is vital to understand fully the nature and extent of the issues the city staff is trying to address. He said without this information, the public and affected businesses will have many unanswered questions.

“The city has been very open about (its) desire for input and is encouraging discussions to craft a better ordinance that can overcome some of the issues present in this first draft,” he said. “That is a great attitude, but we may need to go back a step. Before trying to solve ‘the problem,’ a better understanding of what that problem might be is required.”

Butler said it is important to recognize the environment for regulating businesses that serve alcoholic beverages is created by the interaction of state licensing laws and a local government’s ordinances setting opening hours and restricting business locations. 

“The bottom line is that affected businesses and citizens cannot endorse a proposed solution if they don’t agree on what the problem actually is,” he said. “That common understanding does not currently exist. That needs to be fixed first.”

Both Roper and Pam Thomas, owner of Pammie’s Sammies in downtown Winter Garden, said they have rarely, if ever, observed unruly interactions late at night in reference to alcohol that were not solved in an appropriate manner by local law enforcement.

“Is the old adage, ‘Nothing good happens after midnight,’ enough to suggest implementing such extreme changes to a very special combination we have in this ‘crown-jewel’ of a community?” Roper asked. “Restricting small businesses with a targeted curfew and imposing dining requirements purely intended to restrict state allowable business practices and the sale of alcohol does not reflect who we are now or who we have become.

“Working, visiting and living in a place where you can plan a one-stop inclusive experience is what Winter Garden has become,” she said. “Now, we have a place that offers world-class music, concerts, high-quality theatrical productions and a wonderful dinner out  — an enviable destination.”

Thomas believes the proposed ordinance is confusing and alarming.

“It seems to be targeting specific places in the downtown area,” she said. “There’s just so many things about it that I think are very detrimental to downtown. ... I’m worried for all of our businesses that will be impacted. These places will lose significant income. People who work at these places will lose their jobs, and people who come to the downtown area will choose other places. … I just can’t figure out what the city’s intention here is. There has to be a better way.”