§ 3-11. Review criteria for extended hours licenses.

(a)

Review criteria. An application for an extended hours license shall be submitted for review by the development review committee based on the criteria of this subsection and consistency of the application with the public health, safety, and welfare of the city. The development review committee shall review the application and make recommendation to the director of community development, who shall prepare a report to the city commission recommending approval, approval with conditions, contingent approval, or denial, based upon the following criteria:

(1)

The amount and degree of law enforcement activities generated by the operation of such establishment; by previous establishments in the same location; or at any establishment involving the same owner or managers, as defined in section 3-8, or any other person with a proprietary interest in the establishment. Consideration will be given as to whether the calls are initiated by the establishment and what efforts have been taken to reduce or prevent unlawful activity at establishments owned or managed by the applicant.

(2)

A criminal background check of all owners or managers, as defined in section 3-8, or any other party with a proprietary interest in the establishment, shall be conducted in order to provide assurances that such persons have not been convicted of criminal offenses;

(3)

The adverse effects of the extended hours of operation shall not place an undue burden on the neighborhood in proximity to the establishment, especially with respect to patron activities and effects of noise, parking, and vehicular use;

(4)

The proposed extended hours of operation must be compatible with the existing uses in the neighborhood in proximity to the establishment;

(5)

During all hours of operation the establishment shall comply with the following conditions:

a.

A security camera system capable of recording and retrieving video images to assist in offender identification and apprehension shall be provided. The system must capture entrances and exits, cash register and parking lot. Camera must be activated and recording video during all hours of operation.

b.

The establishment shall post exterior warning signage stating that loitering is prohibited and shall participate in the City of Sunrise No Trespassing Program.

c.

Any applicant for an extended hours license must comply with Florida's Responsible Vendor Act as set forth in F.S. §§ 561.701 through 561.706, and must submit proof that each of its employees has completed a course of instruction dealing with alcoholic beverages, and must continue to be a member in the responsible vendor program as a condition of maintaining an extended hours license. Those applicants seeking contingent approval must become members of the State of Florida Responsible Vendor Program prior to the extended hours license being issued.

d.

The licensee or applicant with contingent approval shall not relinquish control of the operation or management of the establishment to any other person or entity.

e.

The establishment shall demonstrate that it offers free taxicab service or free towing to intoxicated patrons. The establishment shall display signage on the premises to notify patrons of the availability of the taxi service or towing program. Such signage shall be a minimum of thirty-six (36) inches by thirty-six (36) inches and shall be visible from all areas in which alcoholic beverages are served and consumed.

f.

The establishment shall permanently display at all entrances a city provided sign indicating the maximum capacity (persons) for the establishment, as set by the building and fire officials through fire, building, structure, and other relevant regulatory considerations.

g.

The establishment meets all of the requirements of local, state, and federal law and provides all associated licenses in order to serve, sell or allow the consumption of alcohol on the premises.

h.

During extended hours operation, the applicant shall, at its expense, provide the required minimum number of off-duty police officers for a minimum of four (4) hours, licensed Florida security guards, or a combination thereof, as determined and for the period of time approved by the chief of police or his designee. The chief of police or his designee may periodically review and adjust its recommendation as to the required staffing and minimum required hours for off-duty police or security officers, based on the availability of off-duty police officers and current security conditions at the establishment and within its vicinity.

(6)

The applicant shall demonstrate compliance and assurance of continued compliance with the conditions of approval, as may be imposed by the city commission based on the evidence presented at the public hearing, including the report of the director of community development. The city commission shall consider whether or not, in light of the size of an applicant's establishment, its operational history, or any other relevant factor, any of the following conditions should be included in the approval of the extended hours license:

a.

The applicant shall provide adequate buffering of noise impacts from open-air restaurant areas, if any, and assure compliance with approved site plan conditions regarding ingress and egress of vehicle and pedestrian traffic;

b.

Whether any additional security provisions should be required.

c.

The applicant shall demonstrate that a minimum of forty (40) percent of the gross sales of each establishment applying for an extended-hours license shall be derived from the sale of food. Full course meals shall be served during all business hours and in accordance with the provisions below:

1.

The establishment shall have a food service area occupying one thousand five hundred (1,500) or more square feet of contiguous floor space, excluding kitchens, food service areas, pantries, storage rooms, offices, bathrooms (used exclusively by employees of the restaurant), and any space contained in the outdoor areas adjacent to the premises; and

2.

The establishment has accommodations for the service and seating at tables of seventy (70) or more patrons at one (1) time, exclusive of seating at bars or counters used primarily to serve alcoholic beverages. The tables and seating must be located within the floor space provided in this section, and which must be of adequate size to accommodate the service of full course meals to the number of persons that could be seated at the table; and

3.

The establishment has a full service kitchen for the service of at least seventy (70) full course meals on the premises at one (1) time; and

4.

The establishment meets all of the requirements of local, state, and federal law in order to store, prepare, serve, sell or allow the consumption of food on the premises.

(7)

An establishment granted an extended hours license which allows operation until 3:00 a.m. the following morning Sunday through Thursday and until 4:00 a.m. the following morning on Fridays and Saturdays, shall conduct a "last call" for service of alcoholic beverages, requiring the establishment to cease the sale and service of alcoholic beverages at 2:45 a.m. the following morning Sunday through Thursday, and at 3:45 a.m. on the following morning Friday and Saturday.

(Ord. No. 153-08-A, § 3, 1-22-08; Ord. No. 153-09-A, § 4, 1-24-09; Ord. No. 153-11-A, § 4, 4-26-11; Ord. No. 153-12-B, § 4, 4-24-12; Ord. No. 153-13-A, § 4, 4-23-13)