Jason Wagner
In Brevard County, Florida, you can now buy beer 24 hours a day, seven days a week. This is because, in May 2021, the County Commission approved a new ordinance eliminating restrictions on the hours that alcoholic beverages could be sold at licensed establishments in unincorporated parts of the county. This means that bars and liquor stores can sell alcohol around the clock. However, the change does not impact Brevard's cities and towns, which continue to regulate their own alcohol sales.
| Characteristics | Values |
|---|---|
| Location | Unincorporated Brevard County |
| Time of sale | 24 hours a day, 7 days a week |
| Previous time restrictions | 2 a.m. to 7 a.m. |
| Applicable to | Licensed establishments including bars and liquor stores |
| Not applicable to | Cities and towns within Brevard County |
What You'll Learn
24-hour booze sales in Brevard County
In May 2021, the Brevard County Commission approved 24-hour alcohol sales at licensed establishments in unincorporated parts of the county. This means that bars and liquor stores in these areas can sell alcoholic beverages around the clock. However, this change does not affect Brevard's cities and towns, which continue to regulate their own alcohol sales.
Prior to this decision, the sale of alcohol in Brevard County was restricted between 2 a.m. and 7 a.m., with an exception made until 4 a.m. on New Year's Eve. The new ordinance amends the Brevard County Code of Ordinances Section 6-3, which previously allowed alcohol sales from 7 a.m. to 2 a.m.
The decision to approve 24-hour alcohol sales was not unanimous, with Commissioner Bryan Lober voting against it. Lober raised concerns about the potential increase in drunk drivers during school commute hours. He referenced a 2015 pilot programme in Cape Coral, Florida, that extended drinking hours from 2 a.m. to 4 a.m. for one year. The programme was discontinued after a reported rise in DUIs and service calls during extended hours.
Supporters of the 24-hour alcohol sales ordinance, such as Commissioner John Tobia, argued that it was a way to reduce unnecessary government regulation. They suggested that businesses would make their own decisions based on market demand and that there was no evidence of negative impacts. In response to Lober's concerns, Commission Chair Rita Pritchett stated that she would support revisiting the ordinance if compelling reasons or increased statistics of adverse effects were presented.
It is worth noting that while Brevard County has approved 24-hour alcohol sales in unincorporated areas, the actual implementation of extended hours may vary among establishments. Some bar owners in Brevard County have expressed mixed reactions, with some planning to take advantage of the new hours while others cite staffing and customer base constraints as reasons for maintaining their previous operating hours.
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Alcohol sales in Brevard County cities and towns
Alcohol sales laws in Brevard County, Florida, vary between unincorporated areas and individual cities and towns.
Unincorporated Brevard County
In May 2021, the County Commission approved 24-hour alcohol sales in licensed establishments in unincorporated parts of the county. This means that bars and liquor stores can sell alcoholic beverages at any time of the day or night. Prior to this, alcohol sales were restricted between 2 a.m. and 7 a.m., except on New Year's Eve when sales were allowed until 4 a.m. on January 1.
Brevard County Cities and Towns
The 24-hour alcohol sales ordinance does not apply to the cities and towns within Brevard County, which have the authority to regulate their own alcohol sales. These local jurisdictions can set their own hours and days for alcohol sales, which may vary from one city or town to another.
Statewide Default Hours
In the absence of local regulations, Florida law establishes default hours for alcohol sales between 7:00 a.m. and midnight every day. This applies to both on-premise and off-premise sales, including restaurants, bars, and retail stores.
County and Municipal Variations
However, many counties and municipalities in Florida have implemented their own restrictions or extensions to the default hours. Some allow sales until 2:00 a.m. or 3:00 a.m., while others may have even earlier closing times. A few specific counties, like Miami-Dade, permit 24/7 sales in certain areas.
Therefore, the specific regulations for alcohol sales in each city or town within Brevard County may differ, and it is advisable to check the local laws or contact the local Alcoholic Beverage Control (ABC) board for the most accurate information.
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The legal drinking age in Florida
In the state of Florida, the legal drinking age is 21 years old. This means that any individual under 21 cannot purchase, possess, or consume alcoholic beverages and are strictly prohibited from alcohol possession. Additionally, individuals under 21 are not allowed to enter establishments that sell alcohol unless they are accompanied by an adult (over 21).
Florida Statutes 562.11 establishes that anyone who sells, gives, or serves alcohol to a person who’s under 21 years of age does so illegally. Therefore, a business owner, bartender, or cashier has a legal duty to verify that the person they are serving is 21 or older. The same statute also makes it illegal for anyone to allow an underage individual access to an alcoholic beverage – even a parent permitting their own child. A parent may face hefty fines or potential jail time if caught violating this law and can also be held responsible should the minor cause injury while under the influence of said alcohol.
There are some exceptions to the rule regarding underage consumption of alcohol in Florida. For example, certain religious ceremonies may involve individuals under 21 consuming wine for ritualistic purposes. Another exception is that someone under 21 can also taste alcohol if it is part of post-secondary education, but only if it is a curriculum requirement and the institution is accredited by an organization recognized by the U.S. Department of Education.
The penalties for violating underage drinking laws in Florida can be severe. A first violation constitutes a felony, facing a penalty of a $500 fine and 60 days in jail. A second violation carries a $1,000 fine and up to a year in prison. These penalties increase for multiple violations within five years. Additionally, there may be other legal repercussions such as the suspension of a driver's license and probationary periods. Furthermore, these violations will show up on a criminal record, which can affect future employment and educational opportunities.
In Brevard County, Florida, 24-hour alcohol sales have been approved in unincorporated areas. This means that bars and liquor stores can sell alcohol around the clock, seven days a week. However, this repeal of restrictions on alcohol sales hours does not impact Brevard's cities and towns, which continue to regulate their own alcohol sales.
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Florida's alcohol sales laws
Where to Buy Alcohol:
Beer, wine, and liqueurs can be purchased from convenience stores, supermarkets, and retail stores in Florida. Spirits or liquors, on the other hand, are typically sold only in retail package stores.
Hours of Sale:
Generally, Florida establishments do not sell, serve, or allow the consumption of alcoholic beverages between 12 a.m. and 7 a.m. However, this can vary by location. For example, in Miami-Dade County, alcohol can be purchased 24 hours a day, seven days a week. Some counties permit sales from 7 a.m. to 3 a.m., while others may have their own specific restrictions or extensions.
It's important to note that Brevard County, which includes both incorporated and unincorporated areas, previously restricted alcohol sales between 2 a.m. and 7 a.m., with an exception on New Year's Eve. However, in May 2021, the County Commission approved 24-hour alcohol sales in unincorporated Brevard County, eliminating restrictions on licensed establishments. This change did not impact Brevard's cities and towns, which continue to regulate their own alcohol sales.
Days of Sale:
Alcohol sales are generally permitted on Sundays in Florida, but this can also vary by location. While some counties allow 24-hour sales, seven days a week, others may have restrictions on Sunday sales. For example, Baker and Polk counties previously prohibited alcohol sales on Sundays until noon, but Polk County has since extended its hours to allow sales from 7 a.m. on Sundays.
Age Restrictions:
The legal drinking age in Florida is 21, and the penalties for purchasing or consuming alcohol under the age of 21 are strict. A first violation carries a penalty of a $500 fine and 60 days in jail, while a second violation can result in a $1,000 fine and up to a year in prison. It is also illegal to use a fake or borrowed ID to purchase alcohol, with potential penalties of up to five years in prison and a $5,000 fine.
The minimum age to sell alcohol varies depending on the type of alcohol and the establishment. For packaged liquor, the minimum age is 18, while employees must be at least 18 to work in areas of an establishment that sell or serve alcohol for consumption. Bartenders and servers in venues that sell alcohol for on-site drinking can be as young as 18.
Open Container Laws:
Florida has strict open container laws. Previously opened bottles of alcohol must be carried in the trunk of a vehicle, and open container violations can result in fines for both drivers and passengers.
Blood Alcohol Content (BAC) Limits:
Florida has strict laws regarding driving under the influence (DUI). The state's maximum blood-alcohol content (BAC) limit is .08 percent for drivers. Underage drivers (21 or younger) have a lower limit of .02 percent, and any ingestion of alcohol above this limit is considered "per se intoxicated," leading to DUI convictions without further evidence.
Other Restrictions:
Florida drinking laws prohibit the consumption of alcohol on public property, including streets, sidewalks, parking lots, and beaches. This prohibition also extends to private property if the owner has not given permission. Additionally, it is illegal to sell any of the large celebratory Champagne bottle sizes in the state.
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Florida's drinking laws
In Florida, the default hours for selling alcohol are 7:00 a.m. to 12:00 a.m. each day. However, some counties and municipalities have made changes to these hours. For example, in Brevard County, there are no restrictions on the hours that alcoholic beverages can be sold at licensed establishments in unincorporated parts of the county. On the other hand, Miami-Dade County permits 24/7 alcohol sales in certain areas.
Regardless of the area, Florida law prohibits the sale of alcohol to anyone under the age of 21. The penalty for buying or attempting to buy alcohol with a forged ID is a maximum of five years in prison and a $5,000 fine. The penalty for lending someone your ID is a $500 fine and 60 days in jail.
The legal alcohol limit in Florida is 0.08 grams per 100 milliliters of blood. This limit applies to both blood alcohol levels and breath alcohol levels. Driving with a blood alcohol content of 0.08 percent or higher is illegal in Florida and can result in a DUI charge.
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Frequently asked questions
In unincorporated parts of Brevard County, beer can be purchased 24 hours a day, seven days a week.
The 24-hour alcohol sales ordinance does not apply to incorporated towns and cities within Brevard County, which have their own regulations for alcohol sales.
In incorporated parts of Brevard County, beer can be purchased from 7 a.m. to 2 a.m.
Beer can be purchased every day of the week in Brevard County, including Sundays.
