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1. Will this ordinance close down bars on St. Augustine at 10 p.m.?

No. The ordinance does not close down bars at all. It only requires establishments that want to continue serving alcohol after midnight to get an after-hours permit from the City to operate from midnight until 2 a.m. The permit will cost less than $140 per year. If your establishment does not operate after midnight, the ordinance does not apply to you at all. The cost of the permit is to offset a portion of the cost of the nighttime manager for the program.

2. Are bar owners going to be responsible for bad actions of their patrons once they leave the bar?

No. After the City held a workshop to hear from the business community, the draft ordinance was changed to remove all references to off-site activity.

3. If I taste a cocktail as I make it, will I be in violation of the ordinance?

No. The ordinance does require that as a condition of having the after-hours permit, staff not drink while working (shift drinking), but it does allow for tasting the ingredients of a cocktail as you prepare it, or tasting the beer, cider, wine, or spirits as you describe it to your customers for a tasting. This was another change that the City made in response to feedback from the industry at the workshop.

4. Aren't the requirements for training and security really complicated?

No. As the City Commission heard from the industry at its workshop and first reading, it is common industry practice to train your staff to recognize when to stop serving, how to check I.D.s for underage drinking, how to handle difficult customers, etc. State agencies already have similar training programs and the City’s requirements are even less rigorous. The City would accept the equivalent state agency or commercially available programs for training staff. The requirement for security during hours of operation are also already what the industry uses, as was stated by many speakers during the public hearings. The ordinance only requires the use of security staff or gives the option instead to use security cameras. The industry professionals who spoke at the meetings confirmed that they all already use either, or both, of these security measures, so the ordinance may not require anything more.

5. Is it a violation if a hotel guest drinks from the mini bar in their room?

No. The ordinance regulates businesses who serve alcohol for consumption on site to the general public, not private charges to a hotel room by the person staying in the room.

6. How does this apply to a private reception?

The ordinance does not regulate state caterer permits for private receptions.

7. If we try to comply with all the rules and we make a mistake, can the City revoke the permit?

The ordinance has a gradual enforcement mechanism. For the first violation you will only get a warning to fix the error within 10 days. The purpose of the ordinance is to get everyone to follow the industry best practices and comply with existing rules and regulations. The City wants this to be a successful program that makes our nighttime economy even better, creating a safer, more enjoyable environment for more repeat customers to all establishments.

8. Do I need an after hours permit if I only have late night service for New Year's Eve?

No. The ordinance allows for a one-day temporary use, up to four times per year, without the need to get the after-hours permit. This was another change that the City made based on feedback from the industry.

9. What if there is an emergency curfew or an evacuation order because of a hurricane?

You will have to follow the emergency order rules. The after-hours permit does not allow you to avoid evacuation orders or emergency curfews necessary in the unfortunate event that the City suffers from another hurricane. Evacuation orders and curfews are only used to save the lives of the public and the first responders who have to go save them.

10. Does the ordinance have a bunch of new requirements that my bar has to follow?

The ordinance will just standardize the same best practices for all that want to sell and serve alcohol late at night, leveling the playing field and treating all the same. The permit is not discretionary, if you meet these basic requirements, your business will be given the after-hours permit. The City is not picking and choosing which establishments can get the license.

Other than filling out the form and paying the annual fee, there are very few requirements of the permit that aren’t already things the industry should do. 

• Fire safety and crowd manager requirements are already required by state law.
• Security and training requirements are already the industry practice
• Last call procedures mirror best practices in the industry. 
• Establishments already have to follow the existing noise ordinance.

11. What about other recommendations that came our of the stakeholder meetings held by the Responsible Hospitality Institute and its report?

The City is also actively looking at many of those recommendations, such as better lighting, longer hours for public restrooms, extra litter and clean up crews, more police presence with its new downtown unit, a homeless drop-in center, transportation hubs, and a nighttime enforcement officer who can better enforce existing ordinances.

12. Where can I read the latest version of the ordinance and when is it going for second reading and public hearing?

The ordinance is scheduled to be heard for public hearing and possible adoption on September 25th at 5 p.m. at City Hall (75 King St.). If you have suggestions to improve the ordinance, please share them with the City Manager at cosa@citystaug.com or participate in the public hearing. The link for the current ordinance is here: ORD 2023-27.