§ 3-1. Definitions.

As used in this article and unless the context clearly requires otherwise, the following terms and phrases shall have the meanings herein ascribed:

Alcohol zone is an area, confined within a physical barrier, where the sale, possession, and consumption of alcoholic beverages is allowed. Such barrier shall be of sufficient height and strength to prohibit access to the alcohol zone other than through the designated entry and exit point. The designated entry and exit point shall be staffed by the applicant to ensure entry is only allowed by those legally able to purchase, possess, and consume alcohol.

Alcoholic beverage means distilled spirits and all beverages containing one-half (½) of one (1) per cent or more alcohol by volume.

Alcoholic beverage establishment means a place, business, or other establishment selling and serving alcoholic beverages for consumption on premises.

Amateur means a person who is not a professional as defined in Section 548.002, Florida Statutes, and who engages in a pugilistic exhibition.

Applicant means the individual(s) or entity that makes application to Clay County for the issuance of a permit to provide for the sale, possession and consumption of alcoholic beverages at a function being hosted on county property. The applicant(s) shall be responsible for compliance with the terms and conditions set forth in the permit and the requirements set forth in this article.

Application means a written application for a proposed permit to provide for the sale, possession and consumption of alcoholic beverages at a function being hosted on county property. The application form shall be provided by the parks and recreation division of the department of facilities operation and maintenance.

Beer means all brewed beverages containing malt.

Clay County or county means Clay County, Florida, a political subdivision of the State of Florida acting by and through the Clay County Board of County Commissioners.

Fees mean those fees set forth by the Clay County Board of County Commissioners by resolution in connection with a permit, including a permit application fee and all costs to be assessed or required by Clay County to authorize the sale, possession and consumption of alcoholic beverages at a function being hosted on county property.

Licensed premises means the licensed premises of an alcoholic beverage establishment within the meaning of Section 561.01(11), Florida Statutes, or its successor in function.

Licensee means a person holding a license issued by the State of Florida authorizing the selling and serving of alcoholic beverages for consumption on the premises of an alcoholic beverage establishment.

Limited hours establishment means any alcoholic beverage establishment to which all three (3) of the following criteria apply:

(1)

It is situated in whole or in part within the Wells Road Corridor;

(2)

It is operating under a 4COP quota license issued by the state division of alcoholic beverages and tobacco or its successor in function; and

(3)

The area of its licensed premises is greater than four thousand seven hundred fifty (4,750) square feet.

Permit means a permit issued by Clay County for the purpose of authorizing the sale, possession and consumption of beer and wine at a function being hosted on county property and which may include requirements and conditions for such in addition to those set forth in this article.

Permitting committee means the committee comprised of the county manager, representatives from the parks and recreation division, representatives from the Clay County Sheriff's Office, representatives from the Clay County Public Safety Department, and other persons or entities as deemed appropriate by the county manager or permit coordinator. The function of the permitting committee shall be to provide recommendations regarding requirements and conditions in connection with the issuance of a permit for the board's consideration.

Permit coordinator means the person appointed by the county manager to coordinate the management of functions on county property where a permit is sought by an applicant for the sale, possession and consumption of alcoholic beverages at the function, including but not limited to administration of a permit application, coordination of the permitting committee, review of a permit application, preparation of any requirements or conditions in connection with a permit application, presentation of the permit application to the board, monitoring of any requirements or conditions in connection with an approved permit, and informing the sheriff's office, the public safety department, and county manager of the status of such functions.

Person means any natural person, and any artificial entity, including but not limited to any corporation, partnership, joint venture or trust.

Promoter means any person, including any officer, director, employee or stockholder of a corporate promoter, who produces, arranges or stages a pugilistic exhibition in an alcoholic beverage establishment.

Pugilistic exhibition means a "fight night" or other similar event or function, by whatever name, in which amateurs are allowed, engaged, encouraged or compensated for fighting, boxing, wrestling, kickboxing or using martial arts skills in a combative manner creating a public display, and which is intended or purported to serve as entertainment.

Resolution means a resolution by Clay County Board of County Commissioners setting forth the dollar amount of fees and costs associated with a permit, which resolution may be amended from time to time by the board of county commissioners of Clay County, Florida.

Sheriff's office means the Clay County Sheriff's Office.

User means the party who entered into a written agreement with the Clay County Board of County Commissioners for the use of county property.

User agreement means a written agreement between the user and the Clay County Board of County Commissioners for the use of county property.

Wells Road Corridor means that portion of the unincorporated area of the county that lies within five hundred (500) feet of any portion of the right-of-way of the section of Wells Road extending from the municipal limits of the Town of Orange Park west to a line across the width of said right-of-way that is perpendicular to the centerline thereof and passes through the point on said centerline that lies seven hundred fifty (750) feet west of the intersection of the centerlines of Wells Road and State Road 21, all as now established.

Wine means all beverages made from fresh fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added, in the manner required by the laws and regulations of the United States, and includes all sparkling wines, champagnes, combination of the aforesaid beverages, vermouths, and like products. Sugar, flavors, and coloring materials may be added to wine to make it conform to the consumer's taste, except that the ultimate flavor or the color of the product may not be altered to imitate a beverage other than wine or to change the character of the wine.

(Ord. No. 2017-27, § 1, 8-8-17)