The following regulations shall apply to the location, design, construction, operation and maintenance of all alcoholic beverage establishments and shall be in addition to other requirements or limitations of this code.

(Ord. No. 1999-44, § 2, 8-24-99)

Alcoholic beverage establishments shall be located at least five hundred (500) lineal feet from any other such establishment and at least one thousand (1,000) lineal feet from any educational center, place of worship or child care center.

(a)

The required five hundred (500)-foot distance shall be measured and computed by following a straight line from the nearest point of the existing building or structure, or part thereof, in which an alcoholic beverage establishment is located to the nearest point of the building or structure in which an alcoholic beverage establishment is proposed to be located.

(b)

The required one thousand (1,000)-foot distance shall be measured and computed by following a straight line from the nearest point of the plot or property line of the educational center, place of worship or child care center to the nearest point of the building or structure, or part thereof, in which the alcoholic beverage establishment is proposed to be located.

(c)

Distance separation requirements shall not apply if one (1) or both of the two (2) establishments is:

(1)

An alcoholic beverage establishment within a hotel, motel, resort or convention center; or

(2)

An alcoholic beverage establishment operated as part of a permitted outdoor event.

(d)

For the purpose of determining the distance between alcoholic beverage establishments and places of worship, educational centers, child care centers, and other alcoholic beverage establishments, the applicant for such use shall furnish a certified survey from a land surveyor registered in the State of Florida, indicating the distance between the proposed establishment and any place of worship, education center, child care center and any existing alcoholic beverage establishment. The survey shall indicate the shortest distance as measured and computed in the manner set forth herein. In case there are no places of worship, educational centers, child care centers or existing alcoholic beverage establishments within the distances set forth herein, the survey shall so certify.

(e)

If the proposed establishment is to be located within a single building or structure containing multiple tenants, which includes an existing alcoholic beverage establishment, educational center, place of worship or child care center, the required distances shall be measured and computed by utilizing the main entrances of the proposed establishment and the existing alcoholic beverage establishment, educational center, place of worship or child care center therein.

(Ord. No. 1999-44, § 3, 8-24-99)

Where an alcoholic beverage establishment is located in conformity with the provisions of this article, the subsequent locating of a place of worship, educational center or child care center within one thousand (1,000) lineal feet of the existing alcoholic beverage establishment shall not be construed to cause such establishment to be in violation of this article or to be considered a non-conforming use.

(Ord. No. 1999-44, § 6, 8-24-99)

Except as provided in section 39-197, any existing alcoholic beverage establishment which does not conform to the provisions of this Article but which conformed to the regulations in effect when such establishment began operating and which was approved by Broward County through the issuance of a zoning certificate or certificate of use shall be considered a legal nonconforming use, subject to the provisions of Article VII, "Nonconforming Uses and Structures," of this code.

(Ord. No. 1999-44, § 8, 8-24-99)

In the development, enforcement and amendment of this code, it is recognized that there are uses and accessory uses which because of their very nature are recognized as having serious objectionable characteristics particularly when several of them are concentrated in any given location, thereby having a deleterious effect upon the adjacent business and residential areas. Further, it is recognized that the location of even one such use near a residential area of other incompatible use causes such deleterious effects on the neighborhood and on the businesses that serve the neighborhood. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting and downgrading of the surrounding neighborhood.

(Ord. No. 1999-44, § 9, 8-24-99)

(a)

No adult entertainment establishment shall be located or operated nearer to any other adult entertainment establishment nor nearer than one thousand (1,000) feet to any place of worship, child care center or educational center, except vocational and technical schools, colleges and universities. Measurement of the one thousand (1,000) feet shall be made in accordance with subsection (c) below.

(b)

No adult entertainment establishment shall be located or operated nearer than five hundred (500) feet to a residentially zoned district. Measurement of the five hundred (500) feet shall be made in accordance with subsection (c) below.

(c)

For the purposes of this article, an adult entertainment establishment shall be deemed to be within one thousand (1,000) feet of another adult entertainment establishment, place of worship, child care center or educational center, excluding vocational and technical schools, colleges and universities, or within five hundred (500) feet of a residentially zoned district, as defined in section 39-4, "Terms defined," of this code, if any part of the building in which an adult entertainment establishment is proposed to be located is within one thousand (1,000) feet of the plot where another adult entertainment establishment is located; or is within one thousand (1,000) feet of the plot of land upon which a place of worship, child care center or educational center, excluding vocational and technical schools, colleges and universities, is located; or within five hundred (500) feet of the district boundary line of a residentially zoned district, as measured by an actual or imaginary straight line upon the ground or in the air. To determine the distances regulated by this article, the person seeking to establish or operate an adult entertainment establishment shall furnish to the County a survey sealed by a land surveyor certified by the State of Florida. The survey shall indicate the distance between the proposed adult entertainment establishment and any other adult entertainment establishment, residentially zoned district, place of worship, child care center, or educational center, excluding vocational and technical schools, colleges and universities in the manner set forth herein.

(Ord. No. 1999-44, § 10, 8-24-99)

Where an adult entertainment establishment licensed in accordance with Chapter 20, Article XVI, "Adult Entertainment Code," is located in conformity with the provisions of this code, the subsequent locating of a place of worship, educational center or child care center within one thousand (1,000) feet, or a residentially zoned district within five hundred (500) feet, of the adult entertainment establishment shall not be construed to cause the establishment to be in violation of this code or to be classified as a nonconforming use.

(Ord. No. 1999-44, § 12, 8-24-99)

Except as provided in section 39-201, any existing adult entertainment establishment licensed in accordance with chapter 20, Article XVI, "Adult Entertainment Code," which conformed to the regulations in effect when such adult entertainment establishment was established, that becomes nonconforming by the enactment of this article shall be removed or discontinued within five (5) years of the effective date of this article.

(Ord. No. 1999-44, § 13, 8-24-99)

Any person convicted of a violation of this article shall be punished as provided by law.

(Ord. No. 1999-44, § 14, 8-24-99)