The provisions of this division 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 chapter.

(Ord. No. 2007-02, exh. A, § 70, 2-21-2007)

(a)

Separation requirements. Alcoholic beverage establishments shall be located at least 1,000 lineal feet from any other such establishment and at least 1,000 lineal feet from any educational center, place of worship or child care center.

(1)

The required 1,000-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.

(2)

The required 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.

(3)

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

a.

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

b.

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

c.

A fast-food or full-service restaurant, where malt or fermented alcoholic beverages (beer and wine) are sold or dispensed for consumption by customers, patrons or members in conjunction with a meal and as an accessory use of the main business.

(4)

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, 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.

(5)

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.

(b)

Hours of sale. Alcoholic beverage establishments shall be permitted to sell alcoholic beverages as follows:

(1)

Consumption off premises. No person, or any employee thereof, shall sell or offer for sale in bottles, cans, or containers of any type, for consumption off the premises, any liquor, beer, or wine, regardless of alcoholic content, on any day of the week between the hours of 2:00 a.m. and 7:00 a.m.

(2)

Consumption on the premises. No vendor licenses under the provisions of the state laws pertaining to the sale and dispensing of alcoholic beverages, including beer and wine, or any employee thereof, shall sell or offer for sale or deliver or serve or permit to be consumed on or upon the premises of such vendor, any liquors, beers, or wines, regardless of alcoholic content, on any day of the week between the hours of 2:00 a.m. and 7:00 a.m.

(c)

Bottle clubs. All bottle clubs are subject to the following restrictions:

(1)

It is a violation of this section, and a public nuisance, for any person to operate a bottle club, or for such person's agents, servants, or employees to be employed therein, unless an appropriate license has first been obtained from the city by the operator of said bottle club, said bottle club is an accessory use of an otherwise licensed business, and unless said license is displayed conspicuously at the place of business in such a manner as to be open to the view of the public and subject to the inspection of all duly authorized officers of the city.

(2)

Bottle clubs shall be open only during the hours permitted by law or ordinance for establishments selling alcoholic beverages. It is a violation of this section, and a public nuisance, for any person or his agents, servants, or employees to open a bottle club at any other time or to permit a bottle club to remain open at any other time.

(3)

The city may restrain violations of this section and resulting public nuisances by temporary or permanent injunction, including a mandatory injunction, and such suit or action may be instituted and maintained in the name of the city without bond. Injunctive relief shall not preclude proceeding in a criminal action under this section. A criminal action shall not preclude proceeding for injunctive relief.

(4)

Licensees, by the acceptance of a bottle club license, agree and consent that their licensed business shall always be subject to inspection and search, without search warrant, by law enforcement officers working on behalf of the city and by city code enforcement staff during all hours that such premises engage in business and at any other time such premises are occupied by the licensee or other persons.

(d)

Prohibited acts.

(1)

Unless the city has issued a special event permit expressly allowing the consumption of alcoholic beverages during the event, it shall be unlawful for any person to consume any alcoholic beverages upon any area available for use by the public for motor vehicle parking purposes, or any public street, highway, or sidewalk, where such area adjoins or is adjacent or appurtenant to any alcoholic beverage establishment.

(2)

Unless the city has issued a special event permit expressly allowing the consumption of alcoholic beverages during the event, it shall be unlawful for any person, or for the officers, employees, servants, or agents of any person licensed by the state for the sale of alcoholic beverages for consumption either on or off the premises to sell, serve, dispense or knowingly permit the consumption of any alcoholic beverages to any person upon any motor vehicle parking area which is adjacent to or adjoining or appurtenant to any establishment within the city licensed for the sale of alcoholic beverages.

(e)

Extended hours license.

(1)

Applicability and eligibility. Any person or vendor operating as an alcoholic beverage establishment, and duly licensed by the state to sell and dispense alcoholic beverages for consumption on premises and by the city pursuant to ordinances relating to local business tax receipts, may apply for an extended hours license provided that such alcoholic beverage establishment has been at the location that is the subject of the application for not less than six months prior to the date of application. Such license application shall be processed using the procedures and the criteria listed in this subsection and subsection (e)(2) of this section. The fee for the issuance of said license shall be $25,000.00 per year. An extended hours license shall permit and extend the hours in which such licensee may remain open between the hours of 2:00 a.m. and 4:00 a.m. Sunday through Thursday and 2:00 a.m. to 6:00 a.m. Friday and Saturday; however, all such extended hours licenses are hereby declared to be and are regulatory in nature.

(2)

Application and review procedures.

a.

Application. An application for an extended hours license shall be submitted, on a form furnished by the city, to the city's zoning department.

b.

Notice and response. All owners of property located within 300 feet of the parcel for which a new extended hours license is requested shall be notified of the application and of their right to protest such request in writing within 21 calendar days of the mailing of such notice. The written protest shall state the reasons for the protest.

c.

Review criteria. An application for an extended hours license shall be submitted for review, investigation and comment to all appropriate city departments and offices, including, but not limited to, code enforcement, the fire department, the police department and the zoning department, for the following criteria:

1.

The amount and degree of law enforcement activities generated by the operation of any establishment both, outside and inside the particular location, with particular emphasis on the vandalism, noise, vehicular use by patrons and illegal activity of any kind by employees, patrons or others associated with the establishment.

2.

The adverse effects, if any, that the extended hours of operation or other applicable issues will have on neighboring properties, especially with respect to patron activities and effects of noise, parking, and exterior lighting on nearby residential properties and the city's economic redevelopment efforts.

3.

Compliance by the business with the requirements of Florida Statutes, the city's zoning and land development regulations and the city's Code of Ordinances.

4.

Conformance of the premises to applicable fire safety codes, for which the premises will be inspected.

5.

Establishments shall be wholly enclosed, soundproofed, and air-conditioned, with all windows, doors and other openings kept closed, except for normal ingress and egress, such that noise and music emanating therefrom will not disturb surrounding properties between 2:00 a.m. and 4:00 a.m. Sunday through Thursday and 2:00 a.m. to 6:00 a.m. on Friday and Saturday.

6.

A criminal background check of all applicants and/or corporate officers thereof shall be performed.

7.

Conformance to the use requirements as defined herein.

d.

Determination. The city administrator or designee shall make the determination, based on the criteria in this section, to approve, approve with conditions, or deny the request for an extended hours license. Additionally, in the event a written protest is received within 21 days of the date of mailing notice, from an owner of property located within 300 feet of the parcel for which an extended hours license is requested, the city administrator or his designee shall attempt to mediate the issues raised by the protest. If reasonable efforts to mediate such issues are unsuccessful, the city administrator or designee shall approve, approve with conditions, or deny the extended hours license; provided that the applicant shall have the right to appeal any approval with conditions or denial to the city commission.

1.

Approval. An application which conforms to the review criteria may be approved for an extended hours license subject to the provisions of this section.

2.

Conditional approval. The city administrator or designee may require, as a condition of the privilege of extending hours of operation, compliance with any reasonable conditions deemed to be necessary to mitigate or eliminate the potential adverse effects of such extended hours. These conditions may include, without being limited to, provision by the owner or operator, at his expense, of additional off-street parking, security personnel and screening and buffering from nearby properties. The owner shall record in the public records of the county, a covenant running with the land which expressly sets forth any and all conditions required.

3.

Denial. An application which does not conform to the review criteria shall be denied pursuant to this section.

4.

Upon approval or conditional approval of an application for an extended hours license, the city's finance department may issue the applicable license upon payment of the applicable fee. The fee for the issuance of an extended hours license to a business which first receives approval of its license application after March 31 and before October 1 shall be 50 percent of the license fee as established by resolution of the city commission.

e.

Appeal of decision. The owner of a business for which an extended hours license is requested may appeal to the city commission, consistent with these provisions, any decision rendered by the city administrator or his designee to approve with conditions or deny such license. Any such appeal shall be scheduled for a hearing upon payment of the applicable fee as established by resolution of the city commission and required submittal documents. Said appeal must be made in writing to the building and engineering services department within 21 days of the date of notice of denial. Said appeal shall be noticed as required by the zoning and land development regulations.

(3)

Operation of establishment.

a.

Each establishment to which an extended hours license is granted shall be open for business not less than five days per week between 5:00 p.m. and 10:00 p.m.

b.

No establishment to which an extended hours license is granted shall permit any patrons under the age of 21 to enter or be present in such establishment during the extended hours, unless such person is accompanied at all times by a parent or legal guardian.

(4)

Revocation, suspension, or imposition of additional conditions and/or restrictions.

a.

If the police chief or his designee determines that any licensee has either violated a condition of the extended hours license, or that the licensee is operating in a manner harmful to the public health, safety or welfare, based upon the provisions specified in subsection (e)(2) or (3) of this section, he may issue a notice of suspension, of revocation, or a notice of imposition of additional conditions and/or restrictions upon the license or licensee ("the notice"). In determining what action to take, the police chief or his designee may consider any prior sanctions imposed against the licensee pursuant to this section. Said notice shall be served upon the licensee by:

1.

Personal service upon the licensee;

2.

Certified mail delivered to the licensee; or

3.

Posting of the notice in a conspicuous place on the property subject to the license. The notice shall afford the licensee with reasonable notice of the facts or conduct which warrant the intended action, and shall advise the licensee of his right to a hearing under subsection (e)(4)b of this section and, if applicable, subsection (e)(4)c of this section.

b.

The licensee may, within five business days of being served with the notice, make a written request for a hearing before the city commission. Failure to timely request a hearing shall result in the imposition of the suspension, the revocation, or the imposition of additional conditions and/or restrictions contained in the notice without further action of the city. Except as provided in subsection (e)(4)c of this section, if a hearing is requested, the notice of suspension, of revocation or of the imposition of additional conditions and/or restrictions will not be enforced until the city commission decision. A hearing shall be scheduled upon payment of the applicable fee as established by resolution of the city commission. If a hearing is requested by the licensee, notice of the city commission agenda item shall be publicly advertised in a newspaper of local circulation, and written notice of the date, time and place of the hearing will be sent to the licensee and to the owners of all properties located within 300 feet of the establishment at least 14 days in advance of the hearing date. At the hearing, the licensee and all other individuals wishing to speak will be afforded a reasonable opportunity to do so. The city commission will consider the matter de novo, and will determine whether the licensee violated a condition of the license or whether the licensee is operating in a manner harmful to the public health, safety or welfare based upon the criteria specified in subsection (e)(2) of this section, as appropriate. If the city commission so finds, it may suspend, revoke, or otherwise impose additional conditions and/or restrictions upon the license or licensee.

c.

If the police chief or his designee finds that immediate serious danger to the public health, safety or welfare requires emergency suspension, revocation or the imposition of additional conditions or restrictions upon the license, he may summarily order said suspension or revocation, or may summarily impose additional conditions or restrictions. The police chief or his designee will take only that action necessary to protect the public interest. The police chief or his designee will provide the licensee with all the information required by subsection (e)(4)a of this section, and will additionally disclose the specific facts and reasons for finding an immediate danger to the public health, safety or welfare and his reasons for concluding that the action taken is necessary to protect the public interest. The notice shall be served upon the licensee as required in subsection (e)(4)a of this section. The notice shall advise the licensee that he may request a hearing before the city commission as provided in subsection (e)(4)b of this section. The notice shall also advise the licensee that he may request a hearing before the city administrator or his designee challenging the need for summary action, (the "emergency hearing") by making a written request within five business days of being served with the notice. If the licensee requests an emergency hearing, the hearing will be conducted within two business days of the city's receipt of the request, unless extended by mutual agreement of the licensee and the city administrator or his designee. At the emergency hearing, the licensee will be afforded a reasonable opportunity to speak. If the city administrator or his designee determines that an immediate serious danger exists, the summary action of the police chief or his designee will continue in effect until the city commission decision described in subsection (e)(4)b of this section is rendered. If the city administrator or his designee determines that an immediate serious danger does not exist, the summary action of the police chief or his designee will not be enforced until the city commission decision described in subsection (e)(4)b of this section is rendered.

d.

No suspended extended hours license shall be reinstated until any applicable condition of the license or condition of the suspension is met and the payment of a reinstatement fee in an amount established by resolution of the city commission is made.

(5)

Any person, vendor or establishment whose application for an extended hours license was denied or whose extended hours license was revoked shall not be eligible to apply for said license for six months from the effective date of the revocation or denial.

(6)

Transferability. An extended hours license shall not be transferable.

(Ord. No. 2007-02, exh. A, § 71, 2-21-2007; Ord. No. 2008-03, § 3, 11-19-2008)

Where an alcoholic beverage establishment is located in conformity with the provisions of this division, the subsequent locating of a place of worship, educational center or child care center within 1,000 linear feet of the existing alcoholic beverage establishment shall not be construed to cause such establishment to be in violation of this section or to be considered a nonconforming use.

(Ord. No. 2007-02, exh. A, § 72, 2-21-2007)

Any existing alcoholic beverage establishment which does not conform to the provisions of this division but which conformed to the regulations in effect when such establishment began operating and which was approved by the city through the issuance of a zoning certificate or certificate of use shall be considered a legal nonconforming use.

(Ord. No. 2007-02, exh. A, § 73, 2-21-2007)

In the development, enforcement and amendment of this chapter, 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 or 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. 2007-02, exh. A, § 74, 2-21-2007)

(a)

No adult entertainment establishment shall be located or operated nearer to any other adult entertainment establishment nor nearer than 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 1,000 feet shall be made in accordance with subsections (c) and (d) of this section.

(b)

No adult entertainment establishment shall be located or operated nearer than 500 feet to a residentially zoned district. Measurement of the 500 feet shall be made in accordance with subsections (c) and (d) of this section.

(c)

For the purposes of this section, an adult entertainment establishment shall be deemed to be within:

(1)

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;

(2)

500 feet of a residentially zoned district, if any part of the building in which an adult entertainment establishment is proposed to be located is within 1,000 feet of the plot where another adult entertainment establishment is located;

(3)

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

(4)

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.

(d)

To determine the distances regulated by this section, the person seeking to establish or operate an adult entertainment establishment shall furnish to the city with a survey sealed by a land surveyor certified by the state. 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 in this section.

(Ord. No. 2007-02, exh. A, § 75, 2-21-2007)

Where a licensed adult entertainment establishment is located in conformity with the provisions of this division, the subsequent locating of a place of worship, educational center or child care center within 1,000 feet, or a residentially zoned district within 500 feet, of the adult entertainment establishment shall not be construed to cause the establishment to be in violation of this division or to be classified as a nonconforming use.

(Ord. No. 2007-02, exh. A, § 76, 2-21-2007)

Any existing licensed adult entertainment establishment, which conformed to the regulations in effect when such adult entertainment establishment was established, that becomes nonconforming by the enactment of this division shall be removed or discontinued within five years of the effective date of the ordinance from which this chapter is derived.

(Ord. No. 2007-02, exh. A, § 77, 2-21-2007)