§ 38-1414. Prohibited areas for package sale of alcoholic beverages.

(a)

Definition. In this chapter, unless the context requires otherwise, "package sale vendor" means a person licensed pursuant to the Beverage Law [F.S. chs. 561-568] with a 3PS quota class alcoholic beverage license or a 4COP quota class alcoholic beverage license.

(b)

Package sale vendor; distance separation requirements. Subject to section 38-865.d(10) of the Orange County Code relating to the I-Drive District Overlay Zone, within the unincorporated area of the county a package sale vendor may be permitted to operate its business of package sales at a location no closer than five thousand (5,000) feet of any preexisting package sale vendor's place of business within the unincorporated area of the county, and no closer than seven hundred and fifty (750) feet of any preexisting package sale vendor's place of business within a municipality in the county.

(c)

Criteria. The following criteria shall be met in order for a package sale vendor to obtain county zoning approval and commence package sales at a location:

The county shall be satisfied that the package sale vendor's location meets the applicable distance separation requirements set forth in subsection (b). However, if all preexisting package sale vendors within the applicable distance relinquish or commit to relinquish, in writing with a notarized statement, the right to carry out package sales at their respective location(s), the county may issue zoning approval contingent upon such other location(s) ceasing package sales prior to the commencement of package sales at the location, provided the land use and zoning of the location otherwise permits package sales. Once county zoning approval to allow package sales at the location is issued, failure to commence the package sales business shall not be a basis for the county to terminate or revoke zoning approval for package sales, provided the applicant undertakes and continues to make good-faith efforts necessary to construct and/or open the applicant's location for package sales.

(d)

Distance requirements not applied to renewal, change in name or ownership, or change in certain licenses. The distance requirements set forth above in subsections (b) shall not be applied to the location of an existing package sale vendor when there is:

(1)

A renewal of an existing license;

(2)

A transfer in ownership of an existing license;

(3)

A change in business name; or

(4)

A change in a state issued 4COP license for an existing package and lounge business, which did not choose to forego package sales, to a 3PS license, and any decrease in the numerical designation of a state issued license which is of the same series (type); provided the physical location of the package sale vendor establishment does not change. No increase in the numerical designation of a series (type) of state issued license which is of the same series (type) shall be permitted at or for a location (new or existing) except in compliance with the provisions of sections 38-1414 and 38-1415.

(e)

Measurement of distances. The distances referenced in subsection (b) shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the proposed main entrance of a package sale vendor who proposes to operate the place of business to the main entrance of any other package sale vendor who is operating such a business.

(f)

Exemption for on-premises consumption only.

(1)

In those situations in which the package sale vendor has a 4COP quota class license (for both on-premises and off-premises consumption sales), such licensee may choose to expressly forego off-premises consumption sales for the location of business requested. In such a case, the licensee will not be deemed a package sale vendor under this section for such a location and will not be subject to the distance requirements set forth in subsections (b). To ensure that the public, safety and welfare are preserved, any licensee choosing to forego package sales for off-premises consumption, and thereupon not be deemed a package sale vendor at such location, shall so agree in writing with a notarized statement, as a condition of obtaining zoning approval, and prominently display at all times within the establishment in the vicinity of the main cash register a sign with letters no smaller than three (3) inches and printed in a legible style, stating "No Package Sales."

(2)

Such a 4COP quota class licensee may resume package sales for off-premises consumption at such location if:

a.

it relocates its business to a site that satisfies the distance requirements in subsection (b); or

b.

it rescinds in writing its earlier decision to forego package sales for off-premises consumption and satisfies the distance separation requirements in subsection (b).

(Ord. No. 2018-05 , § 1, 2-6-18; Ord. No. 2018-24 , § 1, 10-30-18)

Editor's note

Ord. No. 2018-05 , § 1, adopted Feb. 6, 2018, amended § 38-1414 in its entirety to read as herein set out. Former § 38-1414 pertained to prohibited areas for sale of alcoholic beverages generally and derived from P & Z Res., art. XXV, § 15; Ord. No. 91-29, § 2(Exh. A), adopted Dec. 10, 1991; Ord. No. 92-7, § 1, adopted March 3, 1992; Ord. No. 93-01, § 2, adopted Jan. 19, 1993; Ord. No. 2004-01, § 15, adopted Feb. 10, 2004; and Ord. No. 2016-19 , § 35, adopted Sep. 13, 2016.