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The following are excerpts from the Florida State Statutes and the Fort Lauderdale Municipal Ordinances pertaining to the times of operation by a licensed establishment. Many club owners/managers are under the false assumption that they may remain open beyond closing under the guise of a secondary business where no alcohol is sold. Listed are the pertinent sections of law to help clarify this issue. In short, the State Statute allows the Municipal Ordinance to establish the hours a club may serve alcohol and restricts the use of the premises to those same hours. Furthermore, it should be noted that this ordinance is strictly enforced. Your cooperation in this matter is greatly appreciated.

(1) Except as otherwise provided by county or municipal ordinance, no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under the division between the hours of midnight and 7 a.m. of the following day. This section shall not apply to railroads selling only to passengers for consumption on railroad cars.

(2) Except as otherwise provided by county or municipal ordinance, no vendor issued an alcoholic beverage license to sell alcoholic beverages for consumption on the vendor's licensed premises and whose principal business is the sale of alcoholic beverages, shall allow the licensed premises, as defined in s. 561.01(11), to be rented, leased, or otherwise used during the hours in which the sale of alcoholic beverages is prohibited. However, this prohibition shall not apply to the rental, lease, or other use of the licensed premises on Sundays after 8 a.m. Further, neither this subsection, nor any local ordinance adopted pursuant to this subsection, shall be construed to apply to a theme park complex as defined in s. 565.02(6) or an entertainment/resort complex as defined in s. 561.01(18).

(3) The division shall not be responsible for the enforcement of the hours of sale established by county or municipal ordinance.

(4) Any person violating this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

FORT LAUDERDALE MUNICIPAL ORDINANCE 5-29(a)

M.O. 5-29(a) Hours during which sales, consumption and service are prohibited “No vender licensed under the state beverage law to sell beers, wines or alcoholic beverages, shall sell or offer for sale, or serve or offer to serve, any beers, wines or alcoholic beverages of any kind, regardless of alcoholic content, on any weekday between the hours of 2:00 am and 7:00 am, or on any Saturday between the hours of 3:00 am and 7:00 am or on any Sunday between the hours of 3:00 am and 12:00 noon; provided, however, that any such beverage, ordered by a patron from a vendor and served prior to 2:00 am on weekday or 3:00 am on Saturday or Sunday, may be consumed on licensed premises by a patron until no later than 2:30 am on a weekday, or 3:30 am on a Saturday or Sunday. Sale, service or consumption after the applicable hour is prohibited”.

NOTE: M.O. 5-51 through 5-57 addresses the Special Entertainment Overlay District. Businesses meeting the criteria of this ordinance may extend their hours of service.