(a)

Distance from other establishments. Unless approved as a conditional use, no premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 1,500 feet from a place of business having an existing, unabandoned, legally established alcoholic beverage use which permits consumption on or off the premises and from a religious facility or public school. The 1,500 feet distance requirements shall be measured by following a straight line from the nearest portion of the structure of the place of business.

(b)

Compliance prerequisite to issuance of licenses, permits and certificates. No certificate of use or occupancy, license, building or other permit shall be issued to any person, firm, or corporation for the sale of alcoholic beverages to be consumed on or off the premises where the proposed place of business does not conform to the requirements as herein described.

(c)

Nonconforming uses; definition of abandonment. The uses referred to herein that are in violation of the provisions thereof, and that were in existence on or before the adoption of this Code shall be deemed to be nonconforming and as such may continue until there is an abandonment thereof, provided that such nonconforming uses have been established and proven to the satisfaction of the village on or before the adoption of this Code and not thereafter. Once a nonconforming use is abandoned it cannot be re-established unless it can conform to the requirements of this division. Abandonment shall consist of a change of use or of a suspension of active business with the public for a period of not less than three months, or prior to the end of the period, on a written declaration of abandonment by the tenant and owner of the premises if under lease, and if not, by the owner.

(Ord. No. 07-24, § 1, 7-2-2007)

The restrictions and spacing requirements set forth in subsection 30-130.1 above shall not apply to:

(a)

Private clubs. Provided such clubs conform to all the requirements of a private club as stated in F.S. ch. 561 and other applicable state laws, and providing that there are no signs of any type exhibited or displayed or other indications that can be seen from the exterior of the clubhouse, building or structure that alcoholic beverages are served. Before a certificate of use and occupancy to serve alcoholic beverages will be issued, the applicant must submit necessary data to prove that it is eligible for the use and complies with F.S. ch. 561 or other applicable state laws; provided, anything to the contrary notwithstanding, these requirements must be complied with, even though the club intends to serve only beer and/or wine.

(b)

Restaurants. Which serve cooked, full course meals, daily prepared on the premises, or such other dining rooms or restaurants in other more liberal districts complying with the requirements therein and which serve cooked, full course meals, daily prepared on the premises, providing that only a service bar is used and the sale of alcoholic beverages are sold only to persons seated at tables. Sidewalk cafés in conjunction with a bonafied restaurant are exempt.

(c)

Cocktail lounge-bars in restaurants. Cocktail lounge-bars as an accessory use in restaurants, provided the restaurant occupies no less than 4,000 square feet of gross floor space, and has accommodations for service of 200 or more patrons at tables, and provided that the restaurant prepares and serves fully cooked meals daily and contains full kitchen facilities, meaning commercial grade burners, ovens, range hood(s) and refrigeration units of such size and quantity to accommodate the occupancy content of the restaurant, and provided that the restaurant shall be prohibited from advertising itself as a bar, cocktail lounge-bar, saloon, nightclub or similar type of establishment; and further provided that once the restaurant use is terminated, the cocktail lounge use will automatically terminate. The cocktail lounge-bar in the restaurant structure shall not have separate outside patron entrances, provided, however, a fire door exit shall be permitted, when the same is equipped with panic-type hardware and locks and is maintained in a locked position except in emergencies; and provided the cocktail lounge-bar shall be so located that there is no indication from the outside of the structure that the cocktail lounge/bar is within the structure, and provided that the accessory cocktail lounge-bar is no larger that 15 percent of the gross square footage of the restaurant, and provided that the alcoholic beverages are served for on-premises consumption only; and further provided that the operating hours for the cocktail lounge-bar shall not extend beyond the permitted hours of operation for the restaurant.

(d)

Beer and wine for off-premises consumption. The sale of beer and wine as a grocery item for consumption off the premises, from grocery stores, convenience stores within the hours adopted and prescribed by the village council.

(e)

Night clubs. Night clubs where the same are located in a hotel or apartment hotel and under the same roof, which contains at least 200 guest rooms or apartment units under the same roof, provided the exterior of any such building shall not have store fronts or give the appearance of commercial or mercantile activity as viewed from the highways.

(f)

Package stores in shopping centers. Package stores in shopping centers under one ownership with an improved building area of not less than 40,000 square feet of floor area thereon, and with an improved and developed parking area of not less than 200 vehicles. Only one such package store will be permitted in the shopping center. The package store shall be at least 1,500 feet from any other licensed alcoholic beverage establishment and 2,500 feet from a religious facility or public school measured as otherwise provided in this division.

(g)

Compliance with section 30-60.17, the village's sidewalk café ordinance.

(Ord. No. 07-24, § 1, 7-2-2007; Ord. No. 2012-03, § 1, 2-6-2012)

Legally existing alcoholic beverage made nonconforming by reason of the regulations establishing distance restrictions between such uses, or any of them, or between any such uses and religious facilities or schools, shall not be expanded unless and until such expansion shall have been approved by the village council at a public hearing for good and justifiable cause after a public hearing. "Expansion" as used herein, shall include the enlargement of space for such use and uses incidental thereto, the extension of a beer and wine bar to include intoxicating liquor, and the extension of a bar use to a night club use.

Nothing herein, however, shall be deemed an attempt to modify any prohibition or make less restrictive any requirement established by the laws of the State of Florida.

(Ord. No. 07-24, § 1, 7-2-2007)

All alcoholic beverage uses must be established on the premises within 30 days of the date of the issuance of a certificate of use and occupancy, otherwise said certificate of use and occupancy shall be null and void.

(Ord. No. 07-24, § 1, 7-2-2007)

Anything to the contrary notwithstanding, no liquor license of any type may be used in a manner contrary to this division. The State of Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, shall issue no license unless a current certificate of use or occupancy in the applicant's name accompanies the application. The license as issued shall note thereon any special limitations or restrictions applicable due to the zoning on the property.

(Ord. No. 07-24, § 1, 7-2-2007)

No alcoholic beverages shall be sold or served within village limits except at such hours and on such days and by such vendors as set forth below:

(a)

Establishments for package sales only. Vendors holding a state beverage license for the sale of alcoholic beverages for consumption off the premises only, shall make no sale of alcoholic beverages during any day except between the hours of 8:00 a.m. and 10:00 p.m. No variance of this provision shall be allowed.

(b)

Establishments for the sale of products other than alcoholic beverages. Vendors holding a state beverage license for the sale of alcoholic beverages may make sales of beer and wine in sealed containers for consumption off the premises during such hours as their stores legally remain open for the sale of other goods or during weekdays and Sunday except between the hours of 8:00 a.m. and 10:00 p.m. which ever is less; provided further, however, that nothing in the foregoing proviso shall be deemed to modify any of the provisions of the zoning regulations as heretofore or hereafter adopted.

(c)

Private clubs. Vendors holding a state beverage license for the sale of alcoholic beverages for consumption on the premises in private clubs shall make no sale of such alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. of the following day, and shall make no sale of beer on Sundays except between the hours of 10:00 a.m. and 1:00 a.m. on the following Monday; and shall make no sale of any other alcoholic beverages on Sundays, except between the hours of 5:00 p.m. and 1:00 a.m. on the following Monday.

(d)

Hotels and apartment hotels. Vendors holding a state beverage license from the for the sale of alcoholic beverages for consumption on the premises in hotels and motels which are restricted by the zoning regulations to making such sales to guests only, shall make no sales of such alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. on the following day on weekdays, and shall make no sale of beer on Sundays, except between the hours of 10:00 a.m. and 1:00 a.m. on the following Monday; and shall make no sale of any other alcoholic beverages on Sundays except between the hours of 5:00 p.m. and 1:00 a.m. on the following Monday. In hotels and motels where package sales are restricted to guests only under the zoning regulations, no such sales shall be made except between the hours of 8:00 a.m. and 10:00 p.m. on weekdays, in hotels and motels located in a proper business zone and conforming to the zoning regulations permitting unrestricted sales of alcoholic beverages. "Premises," as used in this section, shall be confined to the bar and/or cocktail lounge located in the particular hotel or motel.

(e)

Restaurants. Vendors holding a state beverage license for the sale of alcoholic beverages for consumption on the premises in restaurants, which are restricted by the zoning regulations to making such sales with the service of food only, shall make no sales of such alcoholic beverages on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. on the following day, and shall make no sales of beer and wine on Sundays except between the hours of 10:00 a.m. and 1:00 a.m. on the following Monday; and shall make no sales of other alcoholic beverages on Sundays except between the hours of 1:00 p.m. and 1:00 a.m. on the following Monday. Sales of alcoholic beverages for consumption off the premises shall not be permitted.

(f)

Bars and cocktail lounges. Vendors holding a state beverage license for the sale of alcoholic beverages for consumption on the premises in those bars and cocktail lounges that are not restricted by the zoning regulations to guests only, or to service with food, or the like, shall make no sales of such alcoholic beverages on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. of the following day; and shall make no sales of beer and wine on Sundays except between the hours of 10:00 a.m. and 1:00 a.m. of the following Monday; and shall make no sales of any other alcoholic beverages on Sunday except between the hours of 5:00 p.m. and 1:00 a.m. of the following Monday; sales of beer and wine for consumption off the premises shall not be made on weekdays except between the hours of 8:00 a.m. and 1:00 a.m. of the following day; and shall not be made on Sundays except between the hours of 10:00 a.m. and 1:00 a.m. of the following Monday. Sale of other alcoholic beverages for consumption off the premises shall not be made on weekdays except between the hours of 8:00 a.m. and 10:00 p.m.; and shall not be made on Sundays.

(g)

Night clubs. For the purpose of this division, the term "night club" is defined as any place of business located within any building or establishment under one roof and on one floor, wherein entertainment or music or both are regularly supplied, and providing meals and refreshments prepared on the premises, and having a seating capacity of not less than 40 people at tables; having an aggregate floor space of not less 2,200 square feet; and providing a dance floor containing not less than 308 square feet, such floor space provided for dancing to be free from chairs, tables or other obstructions at all times. Any night club which holds a night club license from the village and which holds a state beverage license for the sale of alcoholic beverages on the premises, shall be permitted to remain open, and sell alcoholic beverages for consumption on the premises from 8:00 a.m. to 4:50 a.m. of the following day during week days, and on Sundays to remain open and sell beer for consumption on the premises from 10:00 a.m. to 4:50 a.m. of the following Monday; and to remain open and sell other alcoholic beverages on Sunday for the consumption on the premises from 5:00 p.m. to 4:50 a.m. of the following Monday; and except that where the alcoholic beverages are served with meals at tables, the same may be served from 1:00 p.m. on Sunday to 4:50 a.m. on the following Monday. It is specifically provided, however, that each and every night club that may operate in the village in accordance with this section shall close its doors and have all its patrons off its premises by not later than 5:00 a.m. of each day.

(h)

Package sales on Christmas Eve and New Year's Eve and on Sundays during the month of December. All vendors in the village holding valid, current state beverage licenses for the sale of alcoholic beverages for consumption off the premises (establishments for package sales only) may make sales and keep their places of business open until 12:00 midnight on Christmas Eve (December 24th) and New Year's Eve (December 31st)

(i)

Adult entertainment club. Adult entertainment club which has a certificate of use and which holds a state beverage license for the sale of alcoholic beverages on the premises, shall be permitted to remain open, and sell alcoholic beverages for consumption on the premises from 8:00 a.m. to 4:50 a.m. of the following day during week days, and on Sundays to remain open and sell beer for consumption on the premises from 10:00 a.m. to 4:50 a.m. of the following Monday; and to remain open and sell other alcoholic beverages on Sunday for the consumption on the premises from 5:00 p.m. to 4:50 a.m. of the following Monday. It is specifically provided, however, that each and every adult entertainment club that may operate in the village in accordance with this section shall close its doors and have all its patrons off its premises by not later than 5:00 a.m. of each day.

(j)

Additional interpretations. Wherever in this section it is provided that weekday sales of alcoholic beverages are permitted between any certain hour and a stated time on the following day, the term "following day" shall be deemed to include Sunday.

(Ord. No. 07-24, § 1, 7-2-2007; Ord. No. 2012-03, § 1, 2-6-2012)