A special exception is not deemed nonconforming. Any structure or use for which a special exception is granted as provided in this chapter shall be deemed, as to that particular special exception, to have all the rights and privileges of a conforming use, restricted, however, by the terms of that specific special exception as granted.

(Code 1981, § 643.11)

(a)

Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the State Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which permit consumption on the premises of alcoholic beverages, with the exception of restaurants and hotels. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth in this section and also the following:

(1)

The establishment shall not be permitted to locate:

(A)

Within 300 feet of any existing church, school grounds or playgrounds nor shall a church, school or playground be permitted to locate within 300 feet of any existing establishment which permits the on-premises consumption of alcoholic beverages, with the exception of restaurants, hotels, and chapters or incorporated clubs or veteran's fraternal organizations conforming F.S. § 565.02(4). The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the property line of the church, school grounds or playground.

(B)

Within 300 feet inland of the mean high-water line of the Atlantic Ocean or of the Banana River. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the mean high-water line of the Atlantic Ocean or of the Banana River. Restaurants shall not be subject to the limitations set forth in this subsection (B).

(2)

The establishment, if licensed by the state division of alcoholic beverages and tobacco to permit on-premises consumption of beverages, shall not be located within 2,000 feet of another licensed establishment. The distance shall be measured as the shortest linear distance between the property line of the establishment which proposes to provide for the sale and consumption of alcoholic beverages and the property line of any establishment which currently provides for the sale and consumption of alcoholic beverages. Further, the establishment shall be in compliance with the Florida beverage laws (F.S. chs. 561 through 568). Restaurants; hotels and motels approved in accordance with the City Code; and chapters or incorporated clubs or veteran's fraternal organizations conforming to F.S. § 565.02(4), shall not be subject to the distance requirements of this subsection (2).

(3)

Package retail sales of alcoholic beverages for carryout, except for beer and wine sales, shall comply with subsections (a)(1) and (a)(4) of this section only.

(4)

One parking space shall be provided for each three seats or seating places. All seats or seating places, whether located within a restaurant area or a bar/lounge area, will be included in the calculation of the required number of parking spaces. Package retail sales establishments shall provide parking as determined by the building official, who shall use the ratios established in article IX of this chapter.

(5)

Each application for a special exception shall be accompanied by a site plan map and a building floor plan.

a.

The site plan map shall be drawn at a scale not less than one inch equals 100 feet and shall indicate the following information:

1.

Location and dimension of the proposed establishment's property lines, all existing and proposed structures, driveways, parking spaces and ingress/egress points.

2.

The following information shall be presented in tabulated form:

i.

Number of parking spaces.

ii.

Number of restaurant seats.

iii.

Number of bar/lounge seats.

iv.

Building area.

v.

Lot area.

b.

The building floor plan shall be of a scale appropriate for the establishment, but in no case shall the scale be less than one-eighth inch equals one foot and shall detail room layouts and exits to include a depiction of all seats inside or outside of the building for restaurant and bar/lounge.

(b)

Any special exception granted under this section may be temporarily suspended or absolutely revoked by majority vote of the board of adjustment at a public hearing, when the board of adjustment has determined by competent substantial evidence that either:

(1)

The establishment has obtained the special exception upon false statements, fraud, deceit, misleading statements, or suppression of material facts;

(2)

The establishment has committed substantial violations of the terms and conditions on which the special exception was granted;

(3)

The establishment no longer meets the requirements of this section or the Florida Beverage Code;

(4)

The management of the establishment knowingly allowed illegal activities to be conducted on the premises including, but not limited to, possession or sale of illegal substances, racketeering, prostitution, lewd and lascivious behavior, and unlawful gambling; or

(5)

The management knowingly allowed the establishment to become a nuisance because of chronic, habitual or ongoing violations of law, including the city code.

Prior to any special exception being revoked, the establishment shall be provided with minimum due process including notice of the grounds for revocation and hearing date, an opportunity to be heard, the right to present evidence, and the right to cross-examine adverse witnesses.

(Code 1981, § 642.01; Ord. No. 15-96, § 1, 9-3-96; Ord. No. 20-96, § 1, 9-17-96; Ord. No. 09-2003, § 2, 5-6-03; Ord. No. 19-2003, § 2, 7-15-03; Ord. No. 36-2003, § 2, 10-21-03; Ord. No. 03-2006, § 2, 6-20-06; Ord. No. 04-2006, § 3, 6-20-06; Ord. No. 23-2006, § 2, 1-2-07; Ord. No. 07-2009, § 2, 8-4-09; Ord. No. 02-2012, § 2, 3-20-12)

(a)

Upon approval of the city manager or the city manager's designee, and receipt of appropriate city permits, the division of alcoholic beverages and tobacco may issue temporary permits without a special exception for the on-premises consumption of alcoholic beverages for the following:

(1)

Conventions. In convention halls, coliseums, and similar type buildings where there is an existing beverage license, the director of the division of alcoholic beverages and tobacco may, in his or her discretion, issue a permit for not more than five calendar days for the display by manufacturers or distributors of products licensed under the provisions of F.S. chapters 561 through 568, and may authorize consumption of such beverages on the premises only.

(2)

Nonprofit civic organizations. The director of the division of alcoholic beverages and tobacco may issue a permit authorizing a bona fide nonprofit civic organization to sell alcoholic beverages for consumption on the premises only, for a period not to exceed three days. All net profits from sales of alcoholic beverages collected during the permit period must be retained by the nonprofit civic organization. Any such civic organization may be issued only three such permits per calendar year.

(b)

Any person or entity issued a temporary alcoholic beverage permit pursuant to this section shall be subject to the provisions of chapter 6 of the City Code, Alcoholic Beverages, as amended from time to time, including, but not limited to, hours of operation and nudity on the premises.

(Ord. No. 03-2006, § 2, 6-20-06)