§ 110-50. Proximity of alcoholic beverage establishments to other establishments and uses.

(A)

[Applicability.] The distance separation requirements of this section shall not apply to:

(1)

The sale of beer or wine or both for consumption off-premises; and

(2)

Restaurants and cafes (including outdoor or open-air cafes specifically approved by the city commission) serving beer, wine, and liquor, for consumption on the premises only, that are located within the Community Redevelopment Area form-based code districts; and

(3)

Vendors operating in compliance with Design Development Guidelines (DDG) approved for property zoned Planned Mixed-Use Development District (PMUD).

(B)

[Prohibited locations.] The sale of alcoholic beverages for consumption on or off the premises, other than as provided in subsection (A), shall be prohibited at any location within one thousand (1,000) feet of any of the following listed uses:

(1)

Academic schools;

(2)

Places of worship;

(3)

Theaters;

(4)

Playhouses;

(5)

Lodge halls;

(6)

Private clubs;

(7)

Amusement arcades;

(8)

Meeting halls;

(9)

Any other alcoholic beverage establishment with a valid or renewable license to serve liquor for consumption on or off the premises, provided that the owner of an existing license shall have a vested right to transfer the license to another location within one thousand (1,000) feet of the existing licensed location.

(C)

[Measurement of separation.] The distance separation shall be measured from the building or portion of such building where an alcoholic beverage establishment is proposed, to the building or portion of such building containing another alcoholic beverage establishment or a use listed use in subsection (B), except as follows, using the measurement methodology of section 700-140 (Measurements):

(1)

Where the measurement is to a school, the distance shall be measured from the building or portion of such building where an alcoholic beverage establishment is proposed, to the school grounds used as part of the school's facilities.

(2)

Where the measurement is to an existing alcoholic beverage establishment that is licensed to serve liquor on or off premises, the distance separation shall be measured from the main entrance of the proposed establishment to the main entrance of the existing establishment using the shortest route by pedestrian travel.

(D)

[Nonconformity.] Whenever a permit or license for an alcoholic beverage establishment has been lawfully procured, and thereafter, a listed use in subsection (B) is to be established within one thousand (1,000) feet of the alcoholic beverage establishment, the establishment of the listed use shall not cause the alcoholic beverage establishment to become nonconforming.

(E)

Waiver of distance requirements for establishments licensed to serve liquor on premises. An applicant for a license to sell liquor, in addition to beer and wine, within one thousand (1,000) feet of another place of business so licensed, may apply for a waiver of the proximity requirements set forth in subsection (B)(9). An application for a waiver of the proximity requirements shall be processed as set forth in this section.

(1)

[Waivers.] A waiver of the proximity requirements for establishments licensed to serve liquor on premises shall be granted only upon the applicant demonstrating by a preponderance of the evidence that all of the following criteria are met:

(a)

That the waiver maintains the stability and appearance of the community; and

(b)

That the waiver will not adversely impact the public interest or adjacent property and all necessary alternative measures shall be taken by the applicant to prevent any such impact; and

(c)

That the sale of liquor in addition to beer and wine at the requested location will not cause a detrimental impact to the value of existing contiguous uses, to uses in the general area and to the zoning district where the sale is to be located; and

(d)

Any applicant for a waiver of the proximity requirement must be enrolled in the Florida Responsible Vendor Program administered by the Division of Alcoholic Beverages and Tobacco, and must continue to be a member in the responsible vendor program as a condition of obtaining the waiver.

(2)

Application required. An applicant for a waiver of the proximity requirements under this subsection shall submit an application to the community development department specifying the request and addressing all issues described in subparagraphs (1)(a) through (d) above.

(3)

Fee required. An applicant for a waiver of the proximity requirements under this section shall be accompanied by an application fee as may be established by the city commission from time to time. In addition to the application fee, any administrative review and processing costs incurred by the city shall be paid by the applicant pursuant to article 685 (Cost Recovery).

(4)

Burden of proof. The applicant shall have the burden of showing that all standards, requirements and criteria of this subsection have been met. The applicant shall have the burden of going forward with evidence to show these elements, and shall have the burden of persuasion on all questions of fact which are to be determined by the city commission.

(5)

Planning and zoning board review. Each application for a waiver of the proximity requirements shall be referred to the planning and zoning board for recommendation.

(6)

[Resolution to grant waiver.] If the city commission determines that the application for a waiver meets the criteria provided in this section, the city commission shall approve the application by entering a resolution granting the waiver and imposing such conditions and safeguards as are appropriate. The resolution granting the waiver shall include a time period, not to exceed one hundred eighty (180) days, within which a building permit shall be secured if one is required to implement the use for which the waiver is granted. The waiver shall expire if the building permit to implement the improvements authorized by the waiver is not secured within the time frame specified in the resolution. Violation of any condition of a resolution granting a waiver under this subsection shall be a violation of the code, and the resolution may be revoked by the city commission at any time upon a determination that the applicant is not in compliance with the resolution or the code.

(F)

Definitions used in this section.

(1)

Alcoholic beverages. All beverages containing more than one-half (½) of one (1) percent of alcohol by weight.

(2)

Liquor. That substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures, from whatever source or by whatever process produced and includes any and all distilled or rectified spirits, brandy, whiskey, rum, gin, cordials, or similar distilled alcoholic beverages.

(3)

Wine. Beverages made by the fermentation of fresh fruits, berries or grapes including champagne, sparkling and fortified wine, vermouths, and like products.

(4)

Beer. All brewed alcoholic beverages containing malt.

(5)

Consumption on premises. Consumption of all beers, wines or alcoholic beverages of every kind, or the right to sell by the drink or bottle such beverages.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)

(G)

[Regulation of alcoholic beverage establishments.] Chapter 4, "Alcoholic Beverages" of the Code of Ordinances regulates the operation of alcoholic beverage establishments.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2011-024, § 4, 8-9-11; Ord. No. 2015-022, § 3, 10-13-15; Ord. No. 2016-007, § 3, 3-22-16)