Editor's note— Ord. No. 2017-38, adopted Nov. 27, 2017, repealed former § 33.01 which pertained to vendors of alcoholic/intoxicating beverages and bottle clubs, and derived from Ord. No. 2005-38, adopted May 23, 2005; Ord. No. 2006-59, § I, adopted July 10, 2006; Ord. No. 2006-76, § I, adopted Oct. 23, 2006; Ord. No. 2007-20, § 2, adopted Aug. 13, 2007; Ord. No. 2007-34, § 2, adopted Oct. 22, 2007; Ord. No. 2009-15, § 4, adopted July 27, 2009. See section 4-3 of Ordinance No. 2017-37.

(A)

It shall be unlawful to establish, operate or cause to be operated a sexually oriented business in Nassau County unless said sexually oriented business is at least:

(1)

One thousand (1,000) feet from any parcel occupied by a business licensed by the State of Florida to sell alcohol or intoxicating beverages, whether for on- or off-premises consumption; and

(2)

Two thousand five hundred (2,500) feet from any parcel occupied by a church, house of worship, public or private elementary or secondary school, kindergarten, licensed day care center, any residence or another sexually oriented business.

(B)

For the purpose of this section, measurements shall be made as follows:

(1)

Measurements between a sexually oriented business and a vendor of alcoholic beverages for on-site or off-site consumption shall be made using the airline distance measured from building to building—at their closest points. In cases where the sexually oriented business and/or vendor of alcoholic beverages are located within a building containing multiple businesses/tenants, measurements shall be made in a straight line in all directions without regard to intervening structures or objects from the closest point of that portion of the multiple business structure used as a sexually oriented business to the closest point of that portion of the multiple business structure used as an establishment that sells alcoholic beverage for on-site of [or] off-site consumption.

(2)

Measurements between sexually oriented businesses and a church, house of worship, public or private elementary or secondary school, kindergarten, licensed day care center, any residence or another sexually oriented business shall be made in a straight line in all directions without regard to intervening structures or objects from the closest part of any structure, including signs and roof overhangs, used in conjunction with the sexually oriented business to the closest point on a property boundary associated with any of the land use(s) described in this subsection.

(C)

Sexually oriented businesses are subject to additional requirements as provided by Ordinance No. 2005-10, an ordinance establishing licensing requirements and regulations for sexually oriented businesses within Nassau County.

(D)

Section 5.03, conditional use, and section 5.05, variance, shall not apply to this section.

(Ord. No. 2005-38, 5-23-05; Ord. No. 2006-59, § I, 7-10-06; Ord. No. 2007-34, § 2, 10-22-07; Ord. No. 2017-38, 11-27-17)

Cross reference— Sexually oriented businesses, Ch. 26½.