Fort Walton Beach Ordinance — 1825 - amend prohibited locations for sale of alcohol — reading text

HEAVtNG DATE 1st f" ~? CJ 2nd ORDINANCE 1825 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 9. 01. 02, PROHIBITED LOCATIONS FOR SALES [ OF ALCOHOLIC BEVERAGES], OF THE CODE OF ORDINANCES; RESOLVING CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority & Intent a. The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of section 166. 021(1), Florida Statutes ( 2009), the provisions of chapter 562, Florida Statutes ( 2009), and the City Charter. b. The City' s Land Development Code, Volume V, adopted September 9, 2008, regulates the location of alcohol establishments, schools and churches according to zoning district. The minimum distance requirements in the Code of Ordinances prohibits the location of alcohol establishments within 500 feet of a school or church. Residents and property owners find that the prohibition is more restrictive than Florida Statutes and is not conducive to a vibrant, compact, mixed use urban environment. c. Therefore, the City Council finds that it will best promote and protect the businesses and economic development of the City by amending certain prohibitions regarding the distance restrictions for establishments that sell alcohol for on- premises consumption. Section 2. Repeal of Section 9. 01. 01, Hours for Sales, of Chapter 9. 01, Alcoholic Beverages, of the Code of Ordinances. Section 9. 01.01 Adoption of Statutes, of Chapter 9. 01 of the Code of Ordinances, is hereby repealed. 9.01. 01 ... 4..doptio8 of Statutes: Those pro";isioas of the Florida StatHtes relatiag to intoxieating be"lerages, iaehu:i ag 1:1or, li(} beer aRd ".viae, as ameRded thro1:1gR the date of the aaoptioa of this Code, are hereby adopted as fully as if set 01:1t at leagtb- ia this ehapter, 1: lfl ess hereiaafier modified, aRd shall be eORtrolliBg ia the traffie of aleoholie be"lerages iB the eity. The defiBitioBs of intoxieatiag 1:1or, li(} wiRe aRd beer shall be the same ia this ehapter as the defiBitioRs set f- erth iR geReralla"N. Section 3. Amendment of Section 9. 01. 02, Hours for Sales, of Chapter 9.01, Alcoholic Beverages, of the Code of Ordinances. Section 9. 01.02 Adoption of Statutes, of Chapter 9. 01 of the Code of Ordinances, is hereby repealed. 9. 01.02 Prohibited Locations for Sales The sale of aleoholie beverages is prohibited by aft)'b1:1siBes that prmeipally eagages in dispensing alaoholie bW/ erages at aRY lot or parael of land that is ".vithin 5{){) feet of a  b01:lRa ry or property liRe of a lot or parcel of land OR "",",hich a school or church is located. ...\s 1:lsed in this section, " priRcipally eRgaged" means greater th8.B 50 percent of gross r-eceipts. The distaftce bet\ veeB s1:lch properties shall be measured by follo". viftg the shortest roHte of oramary pedestrian tra";el aloRg the p1:lblic thoroughfare from the property line of the place of b1:lsiRes te the property liRe of the school or church. In shoppiag centers, the property liRe of the place of busiBess shall be deemed to be the b0uBdary of the premises leased 0r oWfled by the busiRess, Bot aet1:lal iacl1l:diRg commOB er access ana of busmess area 1:lsed f- parkiRg s1: l c h aRd other lmsinesses occupying the shoppiBg ceRter. For the purpose of this section, the aistaRce from the actual b01:lfldary of the place of lmsiness leasea or ovmea by tlle occupaBt, to the property liBe of the ch1:lrch or school, shall be measured by iiBg the shortest route of ordinary pedestrian tra",el follo..... aloRg the public thoro1:lghfare or access road in the shipping ceRter 1:lsea for iBgress and egress. a. An establishment with on- premises consumption of alcoholic beverages may not be located within 500 feet of the main entrance of a public or private elementary school. middle school. or secondary school. b. " School. public or private" shall mean premises or site upon which there is an institution of learning. whether public or private. that conducts regular classes and courses of study required for accreditation as an elementary. secondary. or post- secondary school by the State of Florida. c. " Main entrance" shall be defined as the opening of a structure. such as a door. passage. or gate which allows principle access to a place. d. The 500 feet distance shall be measured over the nearest usually traveled pedestrian route between the school and the main entrance of the alcohol sales establishment. e. This section shall not apply to any location that is licensed as a restaurant which derives at least 51 percent of its gross revenues from the sale of food and nonalcoholic beverages pursuant to chapter 509. or establishments licensed to sell alcoholic beverages for off-premises consumption only. or establishments licensed to sell alcoholic beverages on the effective date of this ordinance. or any person obtaining a special events permit from the city. f. Should school existing on the effective day of this ordinance. expand or a otherwise move within 500 feet of any existing establishment licensed to sell alcoholic beverages. the existing establishment shall be exempt from the provisions of this section and such establishment shall be permitted to expand its facility from time to time irrespective of the distance restrictions in this section. g. Uses in existence as of the effective date of this section shall not be rendered nonconforming by these provisions. nor shall the provisions of this section preclude the reconstruction of an alcoholic beverage establishment following a disaster ( fire. flood. etc.). provided all other applicable building. zoning. and other codes are met. Ord. 1825 Page 2 of3 Section 4. Repeal of Section 9.01. 03, Exceptions to Prohibited Locations for Sales, of Chapter 9.01, Alcoholic Beverages, of the Code of Ordinances. Section 9. 01.03, Exceptions to Prohibited Locations for Sales, of Chapter 9. 01 of the Code of Ordinances, is hereby repealed. 9. 01. 0J ExeeptioBs to Prohihited LoeatioBs for Sales: The distaRce re(j1:liremeRt of this chapter aoes Rot pertaiR to veJRaors WHO are haneliRg malt be"/ erages aRe wine for off premises cORsamptioR prior to March 8, 1988. However, aistaRee requifemeRts set forth iR s1:lbse tioR( b) of this sectioR shall apply to b1:lsiRes es that COlBIBeRce to priRcipally engage iR HandliRg malt beverages 8.B6 wine for off premises cOfls1l:mptioR OR s1:lch effective date and thereafter. No existmg establishment or its S1:lces ors iR iRterest at the same 10eatioR shall be prohibited from dispeRsiRg alcoholic beverages as a res1:llt of this section. Section 5. Severability Should any provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining provisions. Section 6. Effective Date This ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. J I) ()() to lMf:1 Adopted Mike Anderson, Mayor A~ Approved for form and legal sufficiency. J1. ' Helen Spencer, Ci~ New language is underlined: deleted language is strickeR. Codification Instructions: Sections of this Ordinance to be codified: Sections 2, 3, and 4. Placement: Amends Volume IT, Chapter 9. 01 as stated. Editorial Authority: Edit " effective date" for actual date of adoption. DISPOSITION rtJ Ord. 1825 Page 3 of3