Winter Garden’s New Midnight Alcohol Curfew Sparks Debate

The Winter Garden City Council recently passed Ordinance 24-40, which stops the sale and consumption of alcohol at midnight in all establishments city-wide, unless they have an approved time extension application. This ordinance also mandates that restaurants halt alcohol sales and service when on-site food services are unavailable. These new regulations, along with a three-strike and suspension policy enforced by code enforcement, will take effect on January 1, 2025.

This ordinance comes after a year of discussions and revisions regarding alcohol sales in Winter Garden. Initially, in May 2022, the city had placed a moratorium on new permits for on-site alcohol service at future restaurants in its historic downtown. The moratorium aimed to address concerns about public intoxication and the potential for retail businesses to reclassify as restaurants to sell alcohol for on-premise consumption. However, the planning board recommended against the moratorium due to concerns about giving existing businesses an unfair advantage and potentially discouraging new businesses.

The conversation about alcohol regulations resurfaced in August 2024, with a new city-wide ordinance proposed to regulate alcohol sales beyond existing rules. The city cited changes in Florida state law regarding alcohol sales and licensure as the impetus for the ordinance, stating it was necessary to align with state statutes and refine definitions to offer more clarity in evolving business environments. The proposed ordinance underwent several revisions, incorporating feedback from stakeholders, including restaurant owners.

The city justified the measure by pointing to $77,000 spent on policing between February and August 2024. However, this figure encompassed costs for policing from 6 p.m. to 2 a.m., not solely after midnight. Additionally, the city cited the number of police calls as a contributing factor, but a review of police service calls between mid-February and mid-August revealed only five calls after midnight related to alcohol.

The city also claimed that it received dozens of complaints related to or involving alcohol, although no specific evidence or complaints were presented during the meeting where the ordinance was passed.

The ordinance has faced opposition from several business owners, who argue that the new regulations are stricter than state-enforced code regulations. Some view the midnight cutoff as arbitrary and another hurdle imposed by the city, especially given that state law already allows establishments to stay open and sell alcohol until 2 a.m.. Restaurant owners also expressed concerns about the potential economic impact of the ordinance, particularly for businesses that cater to late-night crowds. Additionally, the ordinance's expansion to encompass the entire city, rather than just the downtown area, raised concerns among stakeholders.

The ordinance's passage marks a significant change in Winter Garden's approach to alcohol regulation. While the city maintains that the ordinance strikes a balance between promoting economic vitality and upholding public safety, the concerns raised by business owners highlight potential challenges and unintended consequences. Only time will tell how these new regulations will affect the city's nightlife and the overall business environment.