§ 6-2. Areas within which licenses shall not be issued.
(a)
Downtownm master plan area .
(1)
The sale of liquor, beer, wine and ale for consumption off the premise shall not be allowed within the Northwest Neighborhood District.
(2)
The sale of beer, wine and ale for consumption off the premises shall not be allowed within the Clematis Waterfront District between the hours of 10:00 pm and 7:00 am. The sale of liquor for consumption off the premises shall not be allowed within the Clematis Waterfront District.
(3)
The sale of beer, wine and ale for consumption off the premises within the Clematis Waterfront District shall be limited to a sale/display area of no more than 1% of the gross floor area of the establishment.
(4)
Any establishment selling beer, wine and ale for consumption off the premises must provide video surveillance that covers the entire interior area of the store that allows customer access, except for bathroom areas, and not less than the entire street frontage of the store. This video surveillance must be made available to the police department at its request.
(5)
No alcoholic beverage establishment for the sale of liquor, beer, ale or wine for consumption on the premises shall be allowed where the location designated therefor is within 500 feet of a public, private or parochial school; and no alcoholic beverage establishment for the sale of liquor for consumption on the premises shall be allowed where the location designated therefor is within 500 feet of a church. The method of measurement shall be by straight line measurement taken from the property line of the school or church to the boundary of the premises of the alcoholic beverage establishment.
(6)
In addition, the following regulations shall apply to the street level and all floors above the street level within the downtown master plan area:
(i)
No more than two alcoholic beverage establishments shall be permitted per city block.
(ii)
There shall be only 75 feet of alcoholic beverage establishment frontage per block face.
(iii)
There shall be no more than 100 feet of alcoholic beverage establishment storefront on facing street frontages.
(iv)
There shall be no more than 50 contiguous linear feet of alcoholic beverage establishment frontage on any street frontage.
a.
The location limitations contained in subsections (3)(i)—(iv) shall not apply to a bona fide restaurant, restaurant bar in a bona fide restaurant or a hotel bar. A bona fide restaurant may not, however, convert to an alcoholic beverage establishment without first meeting the location limitations in subsections (i)—(iv).
b.
The location limitations contained in subsections (3)(i)—(iv) shall not apply to any alcoholic beverage establishment and any bona fide restaurant with an SRX or a 4COP license which was operating and open for business in the downtown as of November 22, 2002, or, if not open, was in possession of a valid building permit issued at least six months prior to said date ("grandfathered establishments"). The limitations will apply to any grandfathered establishment if such establishment discontinues its operation for a period of more than 180 days. The 180-day period will be extended for the number of days the city takes to process a permit application for improvements or business licenses.
c.
The location limitations contained in subsections (3)(i)—(iv) shall not apply to any bona fide restaurant that becomes an alcoholic beverage establishment after midnight.
(v)
The locations of all grandfathered establishments and any other existing alcoholic beverage establishments required to meet the location limitations of subsections (3)(i)—(iv) shall be included in calculating whether a new alcoholic beverage establishment may be located in any city block.
(vi)
An applicant may apply to the city commission for a variance from the linear feet regulations of subsections (3)(ii)—(iv) based on existing building configurations. However, a variance shall not be granted which will result in a facing block frontage with more than 125 feet of inactive storefronts during the day.
(b)
All other areas.
(1)
No alcoholic beverage establishment for the sale of liquor, beer, ale or wine to be consumed on the premises shall be allowed where the location designated therefor is within 500 feet of any property zoned as within classes SF-3 through MF-32 or RPD residential districts as defined by chapter 94. The method of measurement that shall apply to determine whether or not such place of business is within or without 500 feet from property zoned as within classes SF-3 through MF32 or RPD residential districts shall be by a straight line measurement from any entrance of the licensed premises proposed for the alcoholic beverage establishment to the nearest lot line of the property zoned SF-3 through MF32 or RPD residential zoning districts.
(2)
No alcoholic beverage establishment or package store for the sale of liquor to be consumed either on or off the premises, or for the sale of beer, ale or wine to be consumed on the premises, shall be allowed where the location designated therefor is within 500 feet of a church or public, private or parochial school. The method of measurement that shall apply to determine whether or not such place of business is within or without 500 feet from a church or public, private or parochial school shall be by a straight line from any entrance of the licensed premises proposed for the alcoholic beverage establishment or package store to the main entrance of the church or, with respect to schools, to the nearest point of the school grounds. In situations where the proposed alcoholic beverage establishment is a leasehold of a larger government-owned parcel, the measurement shall be from the lease line.
(3)
No alcoholic beverage establishment for the sale of liquor, beer, ale or wine to be consumed on the premises, shall be allowed where the location designated therefor is within 500 feet of the location of an alcoholic beverage establishment, package store or convenience store. No package store for the sale of liquor shall be allowed where the location designated therefor is within 500 feet of the location of another such alcoholic beverage establishment, package store or convenience store. The method of measurement that shall apply in such cases shall be by measurement made or taken from the main entrance or entrances of the licensed premises of such existing alcoholic beverage establishment, package store or convenience store to the main entrance or entrances of the proposed alcoholic beverage establishment, package store or convenience store as defined in section 94-611 of the zoning and land development regulations, along the route of ordinary pedestrian traffic. The location limitation contained in this subsection shall not apply to any bona fide restaurant, which operates as such during all hours of operation, as defined in this chapter, with a 4COP license and located within the Northwood Mixed Use District.
(c)
The construction, relocation or expansion of any church or public, private or construction, relocation or expansion of such church or school, shall have no effect upon the right of the person to transfer, amend or expand such place of business or the right to alter, repair or construct additions to such place of business, and the regulations applying to any such retail establishment shall continue to effect as if such church or school were not within 500 feet of such place of business.
(d)
Exceptions. The provisions of subsections (a) and (b) of this section shall not apply to:
(1)
Places of business which have obtained permission as described in subsections (a) and (b). Such places of business shall be deemed legal nonconforming uses and allowed to exist until the nonconforming use expires. However, such legal nonconforming uses shall be subject to the provisions and regulations of chapter 94, article XVI, "Regulation of Nonconforming Uses" of the city's zoning and land development regulations.
(2)
Bona fide hotels, motels or motor courts of not less than 100 guest rooms, provided:
a.
That it shall not be construed to permit the sale of liquor for consumption off the premises if such hotel is within 500 feet of any property zoned as within classes SF-3 through MF32 or RPD residential districts as defined by chapter 94, or if such hotel is within 500 feet of a church or private, public or parochial school, or if such hotel is within 500 feet of another place of business where liquor is sold for consumption off the premises. The method of measurement shall be by straight airline measurement taken made or taken from the lot lines of the respective properties which are closest to one another; and
b.
Such a hotel may not advertise on the outside thereof in any fashion denoting that intoxicating beverages are obtainable therein if such hotel is within 500 feet of a church or private, public or parochial school. The method of measurement shall be by straight airline measurement taken made or taken from the lot lines of the respective properties which are closest to one another; and
c.
That it shall not be construed to permit sales at other than during the hours of sale provided for by this chapter.
(3)
Restaurants having 2,500 square feet of service area and equipped to serve 150 persons full-course meals at one time, and deriving at least 51 percent of their gross revenue from the sale of food and nonalcoholic beverages, provided:
a.
That it shall not be construed to permit the sale of liquor for consumption off the premises if such restaurant is within 500 feet of any property zoned as within classes SF-3 through MF32 or RPD residential districts as defined by chapter 94, or if such restaurant is within 500 feet of a church or private, public or parochial school, or if such restaurant is within 500 feet of another place of business where liquor is sold for consumption off the premises. The method of measurement shall be by straight airline measurement taken made or taken from the lot lines of the respective properties which are closest to one another; and
b.
Such a restaurant may not advertise on the outside thereof in any fashion denoting that intoxicating beverages are obtainable therein if such restaurant is within 500 feet of a church or private, public or parochial school. The method of measurement shall be by straight airline measurement taken made or taken from the lot lines of the respective properties which are closest to one another; and
c.
That it shall not be construed to permit sales at other than the hours permitted by this chapter; and with the further provision that no sales or service of beverages allowed by such license shall be made when such restaurant is not open for the sales or services of beverages and service of food.
(4)
Clubs as defined and regulated by F.S. § 565.02(4).
(5)
The sale of beer, ale or wine at retail for consumption off the premises in areas outside the downtown master plan area.
(6)
A restaurant so licensed under state statutes which contains no bar facilities, serving beer, ale and/or wine solely with food served at tables and prepared on the premises using full kitchen facilities.
(7)
Retail sales of alcoholic beverages for consumption on premises within 500 feet of any property zoned SF-3 through MF32 or RPD residential districts as defined by chapter 94, upon the following conditions:
a.
Buildings used for such purpose shall have no openings within 200 feet of any property zoned SF-3 through MF32 or RPD other than doors for the purpose of ingress and egress, which shall be kept closed at all times except when persons are actually entering or leaving through such doors. No openings in such building, including doors, shall be located within 50 feet of any property zoned SF-3 through MF-32. However, when a door is required that is within 50 feet of a residential zoning district to comply with section 8-2.4.3 of the Life Safety Code, the door must be equipped with an alarm system that will allow the door to only be used in case of an emergency.
b.
Parking lots located on the premises must be separated from residential districts by a six-foot high solid eight-inch masonry wall.
The method of measurement that shall apply to determine whether a place of business applying for a certificate of occupancy to sell alcoholic beverages for consumption on the premises is within 500 feet of property zoned SF-3 through MF32 or RPD residential districts shall be by straight airline measurement taken from the lot lines of the respective properties which are closest to one another; and
(8)
A location to which the holder of a retail liquor license may move his place of business if such new location is upon the same side of the street, within the same block as his former place of business and if such business, at the new location, at the time of the move, is a bona fide business with a retail liquor license, so that the effect of the move will be to reduce by one the number of businesses with retail liquor licenses within the same block.
(9)
A bona fide entertainment establishment.
(10)
An establishment with alcohol as an accessory use located in the downtown master plan area.
(11)
Private entrepreneurs who develop and/or operate facilities upon premises leased from the city within Dreher Park, provided that the permit required by subsection 58-85(a)(3) of this Code is approved by the city commission.
(12)
Properties separated by federal Interstate I-95.
(13)
Bakeries, cafés and coffee shops, as defined in this chapter.
(e)
Other exceptions . The provisions of subsections (b) of this section shall not apply to:
(1)
Brewpub/microbrewery/micro-distillery/micro-winery as defined in this chapter, where the sale of alcoholic beverages for on-site consumption is incidental to the production, distribution, and sale of packaged alcoholic beverages for off-site consumption and meets the following criteria:
a.
At least 65 percent of the square footage of the facility (inclusive of outdoor seating facilities) shall be dedicated to the brewery function including, but not limited to, brew house, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, condition tanks and serving tanks.
b.
Business must hold one of the following licenses issued by the Florida Department of Business and Professional Regulations, Division of Alcoholic Beverages and Tobacco: CMB, AMW, BMWC, DD.
(2)
Alcoholic beverage establishments or package stores located within a shopping center in excess of 125,000 square feet in gross floor area, provided each of the following conditions have been met.
a.
The shopping center is separated from any property zoned SF-3 through MF32 or RPD residential district as defined by chapter 94, by:
1.
A Collector or greater roadway classification as determined by the city's comprehensive plan TE-Map 2 (existing roadway functional classification); or
2.
A six-foot high solid eight-inch masonry wall.
b.
The total gross square footage of all alcoholic beverage establishments and package stores within the shopping center shall not exceed ten percent of the gross square footage of the shopping center. Prior to the issuance of a certificate of use for an alcoholic beverage establishment or package store, the property owner or operator shall provide the city with a data table identifying the total gross square footage of all current alcoholic beverage establishments and package stores within the shopping center and their percentage of the overall gross square footage of the entire shopping center.
c.
The alcoholic beverage establishment or package store is at least 500 feet from a church or public, private or parochial school located outside the premises of the shopping center. The method of measurement shall be by a straight line from any entrance of the licensed premises proposed for the alcoholic beverage establishment or package store to the main entrance of the church or, with respect to schools, to the nearest point of the school grounds.
d.
The alcoholic beverage establishment or package store is at least 500 feet from another alcoholic beverage establishment, package store or convenience store located outside the premises of the shopping center. The method of measurement shall be made or taken along the route of ordinary pedestrian traffic from the main entrance or entrances of the licensed premises of such existing alcoholic beverage establishment or package store to the main entrance or entrances of the proposed alcoholic beverage establishment, package store, or convenience store.
(Ord. No. 4394-11, § 1, 1-23-2012; Ord. No. 4488-13, § 2, 10-28-2013; Ord. No. 4491-13, § 1, 10-15-2013; Ord. No. 4663-16, § 1, 9-26-2016; Ord. No. 4686-16, § 2, 12-19-2016; Ord. No. 4767-18, § 1, 1-28-2019)