Bradenton police seek to regulate post-midnight alcohol sales

An “increase in violent and criminal activity” after midnight in Bradenton is prompting police to propose a change in the law around alcohol sales. Under the proposal, Bradenton businesses would need to file for an “after-midnight permit” to sell alcohol after 12 a.m.

Florida state law prohibits the sale of alcohol between midnight and 7 a.m.; however, municipal ordinances can allow for the sale of alcohol during those hours. Previously, the city of Bradenton enacted an ordinance permitting alcohol sales from midnight to 2:30 a.m. for licensed establishments.

In an ordinance that will be proposed at the July 24 meeting of the Bradenton City Council, police say the uptick in violent and criminal activity as well as “an increase in other issues related to public safety and crowd control” led authorities to pursue a change in the law.

Particularly around Old Main Street this year, the Bradenton Police Department has responded to intoxicated people refusing to leave establishments and fights, typically outside popular bars, according to Bradenton police spokesperson Meredyth Censullo. 

“Ultimately, we want residents and visitors to feel safe and comfortable while enjoying a night out,” Censullo says.

To that end, the police department is proposing that to remain open for the sale, service and consumption of alcohol from midnight to 2:30 a.m., an establishment would be required to get an after-midnight permit. Obtaining the permit would require filling out an application with information like the name of the owner, occupancy, name of a responsible person and type of liquor license, as well as paying an application fee, which would be determined by the City Council.

Those granted after-midnight permits would be provided with mandatory window decals that include hours of operation, occupancy and expiration of the after-midnight permit.

Under the proposed ordinance, all after-midnight permit-holders would be required to keep a count of their customers after 10 p.m. and provide that information to police if asked.

In some cases, the chief of police may require state-licensed security personnel inside the business applying for an after-midnight permit, based on occupancy, type of liquor license and history of violent incidents at an establishment, the proposal states. A weapons detection system could also be required. Identification scanners may also be mandatory for some businesses that have a history of permitting underage drinking, according to the proposed ordinance.

An after-midnight permit may be suspended if the establishment is the site of a homicide or if it knowingly allowed violations of weapons, sexual battery or controlled and dangerous substance laws. If there are multiple cases of assault, disorderly conduct, battery, noise violations, gambling, weapons violations or controlled and dangerous substances in a three-month period, the business may also have its after-midnight permit suspended. Permit suspensions would last for a period of 30 days. Three suspensions within a 12-month period would lead to a revocation. 

In general, officials determined that “additional parameters are required to be in place to preserve public safety and better balance resources city-wide, while allowing the sale of alcoholic beverages between the hours of midnight and 2:30 a.m.,” according to the proposed ordinance.

Under the proposal, entities selling alcohol for consumption off premises as well as civic auditoriums and sports arenas would not have to obtain after-midnight permits.

The police department’s proposal is set to have a first reading at the July 24 Bradenton City Council meeting. If the council approves, it would be set for a second reading and public hearing on Aug. 14.