Revised alcohol ordinance will impact all of Winter Garden

Winter Garden businesses have myriad concerns regarding a proposed alcohol ordinance set to come before the City Commission for discussion later this month. 

Becky Roper, owner of Pilars Martini  & Loft, spoke to residents at her venue informing them of the ordinance following the most recent commission meeting Sept. 26.

“There is an ordinance out there now that is only affecting a couple of businesses in Winter Garden, and I’m one of them, because we’re open after midnight,” she said. “The new ordinance is proposing that all alcohol sales stop at midnight in the city of Winter Garden. … This was sent out to us just a few days ago, and we went to the commission meeting tonight to ask them for an extension so that we can learn more about this. 

“If you live in Winter Garden and you think that 2 a.m. is an OK time to quit selling alcohol, then write your commissioner,” she said. “Write all of them, and just let them know what you think about this. I won’t ever tell anyone what to do, but I think there’s a lot of people in Winter Garden (who) enjoy coming here at midnight when they get off work. I know who is here at midnight, because I’m here throughout the week, and I don’t think there’s anything particularly nefarious, evil or anything to be concerned about going on here. We are providing a place for people to come when they get off work who have to work late, where midnight is their 5 p.m. These people in our community deserve to have a place to go. This is a place where we can serve people who serve us all day long.”

ORDINANCE CHANGES

The Observer reported in August about the new proposed alcohol ordinance following an email sent to downtown Winter Garden stakeholders from city staff Aug. 17.

In the original email, city staff wrote 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.” 

Following the email, several downtown business owners raised multiple concerns, including the long-term economic impact the ordinance could have on the area.

Although the amendment elements for the ordinance have not yet been discussed or approved by the City Commission, city officials wanted to share a preview with the stakeholders regarding impending changes that would have impacted primarily the downtown district.

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

On Sept. 24, the city sent another email with proposed revisions and amendments to the proposed ordinance.

“This has truly been an interactive and transparent process that brought about inputs and engagement from many business/community stakeholders, which has now led us to the final version attached,” city officials wrote in the email. “We met and heard the voices of many constituents during this process and feel that this final version is a thoughtful and measured step forward in striking the right balance with promoting economic vitality for our local businesses, while at the same time upholding the standards for public safety and preserving a high quality of life for all of Winter Garden.

“The primary reason for the proposed ordinance revision comes from recent changes in the state of Florida law regarding serving of alcohol,” officials wrote. “These amendments not only bring alignment between the state law, the City Code and the City Charter but also provide an opportunity to refine definitions and offer more clarity in areas not sufficiently covered as the business environment evolves.”

LOOMING CONCERNS

Many Winter Garden businesses and stakeholders have even more concerns with the ordinance than before.

The area affected under the original ordinance has been expanded to the entire city, as opposed to the previous downtown area only. 

During the public comment portion of the Sept. 26 meeting, resident Jack Butler, director of legislative affairs for a national professional association and a certified planning consultant for some of the local affected businesses, spoke.

“We just got a copy of major changes to the ordinance,” he said. “When we first started discussing this with city staff back in August, we put in a public-records request to get some background information, so we were better informed about the motivation. … We still have many items to be provided through the public-records request, and because you’re going through such an open process to discuss this with the citizens and the affected businesses, we wanted to ask that you allow us time to complete this public-records process, so that we can fully participate in the dialogue when you do come to the public hearing period.”

The changes in the ordinance include that restaurants serving beer and wine for on-premises consumption must derive more than 51% of the establishment’s annual revenue from the sale of food and nonalcoholic beverages; restaurants serving beer, wine and liquor for on-premises consumption must derive more than 51% of the establishment’s annual revenue from the sale of food and non-alcoholic beverages served, as well as provide a minimum of 120 physical seats available for use by restaurant patrons during all hours that alcoholic beverages are served; a clearer definition and process for fine dining establishments, with which at least four of five criteria must be met to be classified as a fine dining establishment; operating hours for the sale of alcohol; and an extension of hours permit for any establishment desiring to sell and serve alcohol after midnight.

The ordinance is scheduled to go before the Planning and Zoning Board Oct. 7. The ordinance then will go before the City Commission for a first reading Oct. 10 and a second reading Oct. 24.