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HomeMy WebLinkAbout1999 08 16 Informational Item D Date: 08161999 The following Item was addressed at the Meeting held on 08/161999 which was a . continuation of Meeting 08/09/1999. ':! COMMISSION AGENDA ITEM D Consent Informational X Pu blic Hearing Regular August 9. 1999 Meeting' ~ Mgr. / Authorization ~. REQUEST: The City Manager requests the City Commission consider a draft Ordinance prepared by the City Attorney amending Chapter 3, Alcoholic Beverages of the City Code. PURPOSE: To consider a draft Ordinance amending Chapter 3, Section 3-1, Alcoholic Bever~ges of the City Code. APPLICABLE LAW AND PUBLIC POLICY: Chapter 3, Section 3-1, Alcoholic Beverages CONSIDERA TIONS:. In May 1999 the City Commission directed the City Manager and City Attorney to review and prepare a draft amendment to Chapter 3 regarding the issue of distance requirements between alcoholic beverage vendors and existing churches and schools; providing for the circumstance where the church or school moves in near an existing vendor; and, waiving these distance regulations in the Town Center. COD/July 30,1999/10:40 AM 'August 9, 1999 INFORMATIONAL AGENDA ITEMD Page 2 STAFF RECOMMENDATION: The City Manager recommends that the Commission consider the proposed draft amendment to Chapter 3 regarding alcoholic beverage vendors and existing churches and schools and provide direction. ATTACHMENTS: COD/July 30, 1999/10:40 AM A. Draft Ordinance amending Chapter 3, Section 3-1 of the City Code. ATTACHMENT A ORDINANCE NO. AN ORDINANCE OF THE CITY COl\fMlSSSION OF THE CITY OF WINTER SPRlNGS, FLORIDA, AMENDING SETION 3-1 OF CHAPTER 3 ENTITLED "ALCOHOLIC BEVERAGES", PROVIDING THAT NO NEW BUSINESS ENGAGED IN THE SALE,. SER VINO OR ALLOWING THE CONSUMPTION OF ALCOHOLIC BEVERAGES SHALL BE LOCATED WITHIN TWO-HUNDRED (200) FEET OF A CHURCH OR A PUBLIC OR PRIVATE SCHOOL INSTRUCTING MINORS; ADDRESSING EXISTING BUSINESSES; ADDING A NEW SECTION 3~2 PROVIDING FOR CERTAIN EXCEPTIONS; IN THE AREA DESIGNATED TOWN CENTER UNDER THE CITY'S ZONING REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs has long regulated the sale of alcoholic beverages by new businesses locating within two hundred (200) feet of a church, or a pubLic or private school operated for the instroction of minors; and, WHEREAS, the City desires to maintain these regulations as to existing businesses; and WHEREAS, the City desires to clarify that in those instances where a church or school moves within two hundred (200) feet of an existing business selling alcoholic beverage, both the church or school and the existing business may continue to operate; and WHEREAS, the City desires to cJarify that new businesses selling, serving or allowing the consumption of alcoholic beverages shall be permitted to locate in said Town Center NOW THEREFORE, THE CITY OF WINTER SPRINGS ORDAINS AS FOLLOWS: SECTION I. Section 3-1 of Chapter 3 entitled "Alcoholic Beverages" is amended, by striking through repealed language and underlining new language, to read as follows: Sec. 3-1 Location of b1,1.Siness engaged in sale prohibited near church or school. (a) No business proposing to engage in the sale or serving or allowing the consumption of alcoholic beverages (alcoholic beverages defined as all beverages containing more than one (1) percent of alcohol by weight) shall be allowed to locate No-ti<tt.l()r-~er-o(--wffi6-&haH-be~d-within two hundred (200) feet in-an t; ?, I: illrlinc offrom any existing church Q!1! public or private school operated for the instruction of minors in the common branches learning, relating to pre- kindergarten through grade 12 with said distance being measured from building to building at thek closest points; W)J.enever a vendor of alcoholic beverages has procured a license certificate permitting the sale of alcoholic beverages and. thereafter. a church or school shall be established within two bundred (200) feet of the vendor of alcoholic beverages. the establishm~nt of such church or School shall not be cause for the discontinuance or classification as a nonconforming use of the business as a vendor of alcoh<;>lic beverages. (b) Interpretation of "Church Property" A church is a facility primarily intended for the ouroose of conducting organized religious worship services agd permitted accessory uses. Church property, as used in this Part. is the ground or land upon which a church and its oeunirred accessory uses are located and which is in ownership or lease control of the church on the property . (c) Interpretation of "School Property" The word "school" as used in this Part shall mean any pu1>lic. private Or parochial institution conducting and offering to minors a course of general or vocational education and mental training. School property, as used in this Part. is the ground "r land upon which a school and its ~errnitted accessory uses are located. and which is in ~wnership or lease control of the school on the property. SECTION n. A new section 3-2 is added to Chapter 3 "Alcoholic beverages", said new Section 3-2 to read as follows: ~-2 Alcoholic Beverage Vendors in the Town Center In those areas zoned Town Gy,ijter Zoning District oj," GreeneWay Interchange Zoning District, a yarietv of densely develoood land uses are encouraged in the area and the restrictions set for in $cction 3-1 shall not apply. SECTION HL Conflicts. All Ordinances in conflict for the provisions of this Ordinance are hereby superceded and this Ordinance shall prevail. SECTION IV. Severability. If any words, phrase, sentence or portion of this Ordinance is stricken by a Florida Court of competent junsdiction, all other terms and conditions of the Ordinance not specifically stricken shall remain in full force and effect. SECTION V. Effective Date. 'Ibis Ordinance shall become effective upon its adoption by the City Commission of the City of Winter Springs, Florida. ..~... ~ .. DONE AND ENACTED in regular sessioD of the City Commission of the City of Winter Springs, Florida this day of , 1999. CITY OF WINTER SPRINGS, FLORlDA Mayor Paul P. Partyka ATTEST: Andrea Lorenzo-Luaces, Actirtg City Clerk.