§ 4.3.4. Alcoholic beverages.

A.

No commercial establishment used for the on premises sale and consumption of beer, wine, liquor or other intoxicating beverages shall be permitted to locate within 1,000 feet of any church, school or public park in existence on the date the alcoholic beverage permit is issued.

B.

No establishment used for the sale of liquor or other intoxicating beverages for off premises consumption shall be located within 500 feet of any church, school, or public park in existence on the date the alcoholic beverage permit is issued. Exempted from this subsection is the sale of beer and wine for off premises consumption.

C.

The term "public park" as used in this section shall mean a park open to the general public owned either by Federal, State, County or City Governmental Agencies or church parks adjacent to churches.

D.

Establishments existing on the effective date of this Code which do not meet the above requirements shall be deemed non-conforming uses.

E.

For the purposes of this section, a church, school or establishment shall be deemed to be existing if all necessary permits for construction have been acquired and remain active.

F.

For purposes of distance limitations, the measurement shall be made by extending a straight line from the nearest building line point of the regulated establishment to the nearest property line point of improved school or church grounds used as part of the school or church; or the nearest property line point of the park grounds.

G.

If a school, church or park is located within the limits of an incorporated city or town or within another county, the requirements specified in Sections 4.3.4.A, 4.3.4.B and 4.3.4.F above shall apply.

H.

On premises sale and consumption of beer, wine, liquor or other intoxicating beverages may be permitted by right in golf course clubhouses, subject to the requirements of this section and the State of Florida.

I.

On premises sale and consumption of beer, wine, liquor or other intoxicating beverages may be permitted by right and exempt from spacing requirements in a restaurant establishment where the requirements of the State of Florida License include a majority of the sales to be food items and the restaurant floor space is a minimum of 2,500 square feet in size with at least 150 seats.

J.

Special events requiring a temporary one-, two-, or three-day permit from the State of Florida for on premises alcohol consumption and Churches or other Houses of Worship holding celebrations requiring the same State of Florida permit shall be exempt from the spacing requirements above.

K.

An applicant may request a SUP for an establishment proposing sales of alcohol where the above referenced spacing requirements cannot be met. Notification of all church, school, or public park facilities within the prescribed spacing distances above is required.

(Ord. No. 17-08, § 2(Exh. A), 4-11-2017)