No structure, establishment or premises shall be occupied, used or maintained for the purpose of the retail sale, service or consumption of alcoholic beverages except in conformity with this Part and, in addition, with all other provisions applicable thereto in the Zoning Code, the laws of the State and the rules and regulations of the State Department of Business and Professional Regulation.

(Ord. 91-59-148, § 1)

(a)

Alcoholic beverage means (as provided in F.S. § 561.01) distilled spirits and all beverages containing one-half of one percent or more alcohol by volume.

(b)

Beer, wine and liquor have the same meanings as provided respectively, in F.S. §§ 563.01, 564.01, 565.01, as those Sections may be amended or renumbered from time to time.

(c)

Bottle club has the same meaning provided in F.S. § 561.01.

(d)

Church means a building used principally as a place wherein persons regularly assemble for religious worship, including sanctuaries, chapels and cathedrals and on-site buildings adjacent thereto, such as parsonages, friaries, convents, fellowship halls, Sunday schools and rectories, but not including day care centers, community recreation facilities, and private and/or secondary educational facilities.

(e)

Liquor license means, for the purposes of this Part, a license issued by the State for the retail sale, service and consumption of liquor or for the retail sale, service and on premise consumption of beer and wine.

(f)

School means a private or public educational institution offering students an academic curriculum, including kindergartens, elementary schools, high schools, colleges and universities.

(Ord. 91-59-148, § 1; Ord. 2000-743-E, § 2)

(a)

No new liquor license for the retail sale, service or consumption of alcoholic beverages, existing liquor license being transferred to a new location or liquor license being transferred to a new owner shall be authorized or issued until the application therefor, as required by the State Division of Alcoholic Beverages and Tobacco, has been submitted to the Zoning Administrator for verification that the proposed location of the license is in compliance with the Zoning Code. The verification shall be made by endorsement on the face of the application for license or in the manner required by the State division.

(b)

When the location of a liquor license has been verified as being in compliance with the Zoning Code by the Zoning Administrator, pursuant to this Section, and the verified liquor license is placed with the State Division of Alcoholic Beverages and Tobacco in an inactive status pursuant to the provisions of F.S. § 561.29(1)(h), the location of the licensed premises shall be so noted on the appropriate sheet of the Zoning Atlas which is on public display in the Department and remain an approved location for that license notwithstanding the inactive status of the license. Thereafter, if the license is converted to active status in accordance with the rules and procedures of the State Department of Business and Professional Regulation, the duties of the Zoning Administrator shall be limited to verifying that the license is located at the premises it occupied at the time of being placed on inactive status with the State division.

(c)

If the map submitted by an applicant under Section 656.804 fails to identify a church, school or adult entertainment service or entertainment facility and if it is determined by the Director that the applicant originally opened its establishment in violation of the distance limitations in this Part, then the Director shall notify the applicant or its successor in interest of the erroneous map and the applicant or its successor in interest shall cease the sale of alcoholic beverages within two weeks of notification. Such a determination may be appealed to the Commission, pursuant to Section 656.135. In the event that a zoning exception, or variance, or waiver, is thereafter sought in order to correct a zoning violation, the erroneous map and any reliance thereon by the applicant shall not constitute facts upon which the Commission or the Council may rely in recommending or granting the zoning exception, variance, or waiver as the case may be.

(Ord. 91-59-148, § 1; Ord. 98-678-E, § 6)

The applicant for a liquor license which involves a change in location or a new location shall provide the Chief with a map of the proposed location and vicinity. The map shall show all locations of schools, churches and adult entertainment facilities within a radius of 1,500 feet of the proposed location and the actual distances thereto from the proposed location measured as required by this Part. The map shall include a certificate that all distance requirements of this Part as relates to the proposed location have been met and both the map and certificate shall be prepared and executed by a land surveyor registered by the State.

(Ord. 91-59-148, § 1)

Except as provided in other Sections, the distance limitations for on- and off-premises consumption of alcohol, beer and/or wine shall be as follows:

(a)

There shall be no limitations for the off-premises consumption of beer and wine.

(b)

There shall be not less than 1,500 feet from an established school or church for the off-premises consumption of alcoholic beverages, including beer and wine, and not less than 500 feet from an established adult entertainment or service facility.

(c)

There shall be not less than 500 feet from an established school or church for a restaurant serving alcoholic beverages, that does not qualify as a nightclub pursuant to Section 656.1601, Ordinance Code.

(d)

There shall be not less than 1,500 feet from an established school or church for the on-premises consumption of alcoholic beverages, not in conjunction with the service of food, except as specifically provided herein.

(e)

There shall be no less than 3,500 feet between two liquor license locations approved for the off-premises consumption of all alcoholic beverages, excluding restaurants.

(Ord. 91-59-148, § 1; Ord. 95-483-331, § 2; Ord. 98-678-E, § 6; Ord. 2000-743-E, § 4; Ord. 2011-643-E, § 4; Ord. 2025-255-E, § 2)

With respect to the distance between a location for which a liquor license is proposed and an established church, school, or adult entertainment facility the distance shall be measured by following a straight line from the nearest point of the building or portion of the building used as part of the proposed location to the nearest point of the grounds used as part of the church, school facilities, or adult entertainment facility.

(Ord. 91-59-148, § 1; Ord. 98-678-E, § 6)

Where a location for a liquor license has been approved by the Zoning Administrator as complying with the requirements of this Part and there is no building for the use at the location so approved, he shall not then approve for a period of 12 months a further location which would violate distance limitations with respect to the location previously approved.

(Ord. 91-59-148, § 1; Ord. 98-678-E, § 6)

(a)

The distance limitations set forth in this Part shall not apply to a location where application is made for a special liquor license for a hotel or motel if the hotel or motel contains more than 100 guest rooms.

(b)

Where a hotel, motel or restaurant holds a special liquor license pursuant to this Section, the hotel, motel or restaurant shall not be considered in applying distance limitations provided by this Part and compliance with distance limitations of the proposed location of an application for a liquor license shall be determined as though the special liquor license did not exist.

(c)

No provision of this Part shall apply to incorporated clubs, including social clubs and caterers at horse or dog racing tracks as defined in F.S. § 565.02(4) and (5).

(d)

In those cases where a bottle club has been established pursuant to the grant of an exception in those districts where it is permitted, the distance limitations as set forth in this Part as they apply to churches, schools and adult entertainment facilities shall be applicable. In addition, a bottle club shall not be located closer than 1,250 feet from existing liquor licenses (not restaurant liquor licenses) or 2,500 feet from other bottle clubs.

(e)

A zoning exception shall be required any time one or more principle uses allowed by right in any zoning district is combined with any use regulated under this Part. This provision shall not affect any legal use already approved pursuant to any other section of this Chapter or of the Ordinance Code or supersede any other approvals or requirements for such use found elsewhere in this Chapter or elsewhere in the Ordinance Code.

(Ord. 91-59-148, § 1; Ord. 2007-1047-E, § 5)

Establishments in locations where a current valid liquor license existed on September 5, 1969, shall not in any manner be affected by this Part nor shall a right of renewal of these licenses be changed by the distance limitations or other provisions of this Part. The number of times the license may be transferred or moved shall not be limited so long as each new location meets the requirements of this Part with respect to locations of churches or schools.

(Ord. 91-59-148, § 1)