§ 38-1415. Distances between places of business for sale of alcoholic beverages and religious institutions, schools and adult entertainment establishments.

(a)

Places of business for the sale of alcoholic beverages containing more than three and two-tenths (3.2) percent of alcohol by weight for consumption on or off the premises may be located in the unincorporated areas of the county in accordance with and subject to this chapter and specifically those zoning regulations regulating the location of places of business selling alcoholic beverages containing fourteen (14) percent or more alcohol by weight. No such place of business shall be established within one thousand (1,000) feet of an established religious institution or school; except as follows:

(1)

Such a place of business that is licensed as a restaurant and derives at least fifty-one (51) percent of its gross revenues from the sale of food and nonalcoholic beverages, pursuant to F.S., ch. 509, and the sale of alcoholic beverages is for on-premises consumption only, may be established no closer than five hundred (500) feet of the school, except that such a place of business that is located on property designated as activity center mixed use in the county's comprehensive plan may be established no closer than three hundred (300) feet of the school; or

(2)

Such a place of business that is located on property designated as activity center mixed use, does not derive at least fifty-one (51) percent of its gross revenues from the sale of food and nonalcoholic beverages, and is licensed for the sale of alcoholic beverages for on-premises consumption only, may be established no closer than five hundred (500) feet from the school, except that such a place of business may be established no closer than three hundred (300) feet from the school, provided that the county, pursuant to F.S. § 562.45(2)(a), approves the location as promoting the public health, safety, and general welfare of the community under proceedings as provided in F.S. § 125.66(4).

These distance separations shall not apply to vendors of beer and wine containing alcohol of more than one (1) percent by weight for consumption off the premises only.

(b)

No place of business that in any manner sells or dispenses alcohol for on-premises consumption shall be established within two hundred (200) feet of an adult entertainment establishment, as defined in section 38-1.

(c)

Distance from such a place of business to a religious institution, school, or adult entertainment establishment shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of the place of business to the main entrance door of the religious institution, the main entrance door of the school (except as may be otherwise provided by applicable state law), or the main entrance door of the adult entertainment establishment. Notwithstanding the foregoing, the distance from a package sale vendor's location to a school shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of the place of business to a public right-of-way entrance to the property that is used by students, with "property" being defined as the property owned or leased by the school.

(d)

The location of all existing places of business subject to this section shall not in any manner be impaired by this section, and the distance limitation provided in this section shall not impair any existing licensed location heretofore issued to and held by any such vendor nor shall such vendor's right of renewal be impaired by this section; provided, however, that the location of any such existing license shall not be transferred to a new location in violation of this section.

(e)

Distance requirements not applied to renewal, change in name or ownership, or change in certain licenses. The distance requirements set forth above in subsections (a) and (b) shall not be applied to the location of an existing 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 that 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 that the physical location of the vendor establishment does not change. No increase in the series (type) of state issued license shall be permitted at or for a location (new or existing) except in compliance with the provisions of sections 38-1414 and 38-1415.

(f)

Subsequent establishment of religious institution or school. Whenever a vendor of alcoholic beverages has procured a license permitting the sale of alcoholic beverages and, thereafter, a religious institution or school is established within the applicable distance separation requirement set forth in subsection (a), the establishment of such religious institution or school shall not be cause for the discontinuance or classification as a nonconforming use of the business as a vendor of alcoholic beverages. In such a situation, an existing vendor licensed for on-site consumption may only increase a 1COP license (on-site beer consumption) to a 2 COP (on-site beer and wine consumption). Also, in the event a vendor for on-site consumption only ceases to operate at the location after the religious institution or school is established within the applicable distance separation requirement set forth in subsection (a), a new vendor with an equal or lesser series license for on-site consumption only may be established at the same location within five (5) years of the date when the previous vendor ceased to operate at the location. The burden of proving that the requirements for opening a new establishment have been met rests with the new vendor for on-site consumption.

(g)

Proposed location prior to building permit/construction. When a location for an alcoholic beverage license is submitted to the zoning division for review and there is no building permit for the use at the location, the applicant shall stake the location of the main entrance and submit a certified survey demonstrating the distances to all established religious institutions, schools and adult entertainment establishments. A construction sign as defined in chapter 31.5 which includes reference to the sale and consumption of alcoholic beverages shall be erected on the site within thirty (30) days of zoning approval and shall not be removed until permanent on site signage is erected.

(Ord. No. 2018-05 , § 2, 2-6-18)

Editor's note

Ord. No. 2018-05 , § 2, adopted Feb. 6, 2018, amended § 38-1415 in its entirety to read as herein set out. Former § 38-1415 pertained to same—distances from religious institutions, schools and/or adult entertainment establishments and derived from P & Z Res., art. XXV, § 14; Ord. No. 92-7, § 2, adopted March 3, 1992; Ord. No. 93-01, § 3, adopted Jan. 19, 1993; Ord. No. 2008-06 , § 23, adopted May 13, 2008; and Ord. No. 2016-19 , § 36, adopted Sep. 13, 2016.