Orlando Microbrewery Industry to Blossom with New City Code

Orlando is about to open the floodgates for the microbrewery, micro winery, brewpub, craft distillery industries with the approval of the City Code shown in full below. 

ORDINANCE NO. 2016-52

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORLANDO, FLORIDA, RELATING TO MICRO- BREWERIES, CRAFT DISTILLERIES, MICRO- WINERIES, AND BREWPUBS; AMENDING SECTION 58.913, ORLANDO CITY CODE, CREATING SPECIFIC ACCESSORY SERVICE USE STANDARDS FOR MICRO-BREWERIES, CRAFT DISTILLERIES, MICRO- WINERIES AND BREWPUBS; AMENDING CHAPTER 66, ORLANDO CITY CODE, DEFINITIONS; PROVIDING LEGISLATIVE FINDINGS, AND FOR SEVERABILITY, CODIFICATION, CORRECTION OF SCRIVENER'S ERRORS, AND AN EFFECTIVE DATE.

WHEREAS, there is a revival in “micro”, breweries, wineries, and distilleries nationwide; and,

WHEREAS, the City Council of the City of Orlando, Florida (the “Orlando City Council”), has determined that it is desirable and in the best interest of the public health, safety, and welfare to amend the Land Development Code of the City of Orlando (the “LDC”), to encourage and promote such business activities in the City of Orlando; and,

WHEREAS, the City can encourage and promote such business activities by allowing such business to operate as a Specific Accessory Service Use; and

ORDINANCE NO. 2016-52

WHEREAS, the LDC currently allows an accessory service use to occupy up to 25% of the floor area of the building; and

WHEREAS, micro-breweries, micro-wineries, and craft distilleries may need to allocate up to 50% of their floor area to sustain production; and

NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF ORLANDO, FLORIDA, AS FOLLOWS:

SECTION 1. SEC. 58.913. Section 58.913, Code of the City of Orlando, Florida, is hereby amended as follows:


Sec. 58.913. – Specific Accessory Service Uses.

Eating and Drinking Establishments. Eating and drinking establishments shall be permitted as accessory service uses in the IP (Industrial Park) district only if the establishment is located internally within the building site and is not located on a major thoroughfare. These establishments shall be considered under the Conditional Use provision of this Code.

Micro-breweries, micro-wineries, craft distilleries, and brewpubs. Manufacturing operations that produce alcoholic beverages for on-site consumption and off-site sales, and related uses, may be allowed as an accessory service use via zoning official determination for the following:

1) Up to 50% of the floor area in a non-residential zoning district for a micro- brewery, micro-winery, craft distillery or brewpub (or any combination thereof); or

2) Up to 50% of the floor area may be allowed as a restaurant, tasting room, or retail operation (or any combination thereof) in an industrial zoning district.

Any micro-brewery, micro-winery, craft distillery, or brewpub approved as an accessory service use by the zoning official shall comply with the following requirements:

3) Maximum Production. The maximum production per calendar year is as follows:

a. Micro-breweries-up to 15,000 barrels;
b. Brewpubs-as allowed by applicable licenses from the Florida
Department of Business and Professional Regulation, Division of
Alcoholic Beverages and Tobacco, not to exceed 15,000 barrels; c. Micro-wineries-up to 100,000 gallons; and
d. Craft distilleries-up to 15,000 gallons.

4) Hours of Operation. Micro-breweries, Micro-wineries, Craft Distilleries or Brewpubs located:

1. Outside the Downtown Entertainment Area as defined by section 42.07(6), Orlando City Code, or outside the commercial districts defined in section 64.321, Orlando City Code, must be closed to the public between midnight and 6AM.
   
2. Within the Downtown Entertainment Area as defined by section 42.07 (6), Orlando City Code, or within the commercial districts defined in section 64.321, Orlando City Code are subject to the operating hours in section 33.03, Orlando City Code. 

5) Parking and Loading. Parking and loading must be provided according to Part 3, Chapter 61, Orlando City Code, (e.g. the eating/drinking portion of the establishment provides 5.0 spaces/1,000 square feet and the manufacturing and processing operations provide 1.5 spaces/1,000 square

feet).

6) Classification of Use. For purposes of Figure 3, Chapter 58, Orlando City Code, micro-breweries, micro-wineries, craft distilleries, and brewpubs will be classified based on the use that constitutes the majority of the floor area, (e.g. a brewpub that has a restaurant use and a craft brewing operation in a commercial zoning district where the use devotes the greatest amount of space to a restaurant will be classified as a restaurant).

Notwithstanding any other provision of this Code, the following uses are hereby prohibited as accessory service uses:

1. Adult Entertainment Establishments
2. Body Scrub Facilities
3. Commercial Physical Contact Establishments
4. Escort Services
5. Fortune Telling/Psychic Service Establishments
6. Health Spas
7. Massage Establishments
8. Modeling Centers
9. Pawn ShopsTattoo Parlors/Body Art Shops
10. Temporary Labor Facilities
11. Pain Management Clinics

SECTION 2. Part 2, Chapter 66, Code of the City of Orlando, Florida, is hereby amended as follows:

Brewpub: A restaurant that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to produce malt beverages for onsite consumption.

Craft Distillery: An establishment that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to produce distilled spirits. The establishment may also include a tasting room and retail space to sell spirits produced on the premises along with related retail items and food.

Micro-Brewery: An establishment that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to manufacture malt beverages. The establishment may also include a tasting room and retail space to sell malt beverages produced on the premises along with related retail items and food.
Micro-Winery: An establishment that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to produce wine. The establishment may also include a tasting room and retail space to sell wine produced on the premises along with related retail items and food.

SECTION 3. CODIFICATION. The city clerk and the city attorney shall cause the Code of the City of Orlando, Florida, to be amended as provided by this ordinance and may renumber, re-letter, and rearrange the codified parts of this ordinance if necessary to facilitate the finding of the law.

SECTION 4. SCRIVENER'S ERROR. The city attorney may correct scrivener's errors found in this ordinance by filing a corrected copy of this ordinance with the city clerk.

SECTION 5. SEVERABILITY. If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.

SECTION 6. EFFECTIVE DATE. This ordinance is effective upon adoption.