§ 70-883. Alcoholic beverages.

The dispensing of alcoholic beverages has the potential to contribute to undesirable impacts on adjacent or nearby properties such as litter, noise, and other disturbances. The purpose and intent of this section is to establish appropriate locational and distance standards that promote public safety and mitigate associated impacts.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alcoholic beverages means any beer, wine or liquor as defined by the state beverage law.

Business establishment means and includes any place of business, whether or not licensed under the state beverage law, of any vendor, club organization, corporation, firm, person, partnership or similar entity which dispenses alcoholic beverages. This shall include any establishment commonly known as a bottle club, which may permit persons to carry alcoholic beverages onto the premises of such establishment with the knowledge, actual or implied, that the beverages will be consumed thereon.

Dispense and dispensing means the storing, handling, preparation, distribution, serving, sale or gift of any alcoholic beverage. Permitting or allowing any person to carry alcoholic beverages onto the premises of a business establishment with the beverages to be consumed thereon shall be deemed as dispensing such beverages.

State beverage law means F.S. chs. 561—565.

(b)

Districts permitting dispensing, storage, distribution. The dispensing of alcoholic beverages for off-premises consumption only by any business establishment may be permitted only in zoning districts classified by this chapter as CN, CG, or IL. Such sales shall also be permitted within any authorized commercial building located in an RPD district. The wholesale storage and distribution only of alcoholic beverages shall be permitted in zoning district IL.

(c)

Dispensing for on-premises consumption; distance required from residential zoning districts. The dispensing of alcoholic beverages by any business establishment for on-premises consumption may be permitted only within the CN, CG and IL zoning districts. Such sales may also be permitted within any authorized commercial building located in an RPD district. No building or structure in which alcoholic beverages are sold, dispensed, or consumed under this subsection shall be located within 100 feet of any residential zoning district boundary line (in the case of a building located in an RPD commercial area, such distance shall be measured to the boundary of the nearest property used for residential or accessory residential purposes), this distance to be measured along a straight line from the nearest residential zoning district boundary to the closest portion of the building or structure dispensing the alcoholic beverage or licensed area; except that in a multitenant or multiuser building, such as a shopping center, the distance requirements shall be measured from any residential district boundary along a straight line to the unit or portion of the building or structure in which alcoholic beverages are actually sold, dispensed or consumed under this subsection. It is further provided that a building or structure, located on a bona fide golf or country club premises, in which alcoholic beverages are dispensed for consumption by the members and guests thereof only, may be located in any zoning district, but shall be located within the boundaries of the golf or country club and shall be located not less than 200 feet from any residential structure. The dispensing of alcoholic beverages for on-premises consumption in conjunction with a bona fide restaurant located within a 100-foot distance of any residential zoning district may be permitted as a special exception.

(d)

Dispensing for on-premises consumption by social clubs, or any veterans, fraternal, benevolent, civic or other organization described in F.S. § 561.20(7). Organizations described in F.S. § 561.20(7) may dispense alcoholic beverages for on-premises consumption within any zoning district or location providing such location is approved by the city council, as a conditional use pursuant to section 70-226 et seq. Temporary dispensing permits shall be approved by the city manager, or designee. This subsection shall not apply to those areas which meet the provisions of subsection (c) of this section.

(e)

Prohibition of dispensing near a religious facility use which is located within a residential or a public/semi-public zoning district or any school which is located within a public/semi-public district. The dispensing of alcoholic beverages by any business establishment shall not be permitted from that portion of any building or structure licensed for the dispensing of alcoholic beverages that is within 750 feet, measured in a straight line, from the nearest point of a religious facility which is located within a residential or a public/semi-public zoning district, or a school building or structure which is located within a public/semi-public district. In a multitenant or multiuser building such as a shopping center, the distance may be measured from the unit or portion of the building where alcoholic beverages are sold, dispensed or consumed to the boundary of any tract of land on which a religious facility or school is located or which has received legal authority to locate. This subsection shall not be retroactive; and the subsequent erection of a religious facility or school within the distance of a legally authorized business establishment shall not be cause for the revocation or suspension of any permit, certificate or license, or cause for denial of any permit or certification thereafter requested for that use.

( Ord. No. 09-2015 , § 2(Exh. A), 5-12-15)