HomeMy WebLinkAbout1999 09 27 Public Hearings Item B
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
September 27. 1999
Meeting
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Mgr. I Dept.
Authorization
REQUEST: The City Manager requests the City Commission consider a second reading of
Ordinance #735 amending Chapter 3, Alcoholic Beverages of the City Code.
PURPOSE: The Commission is asked to consider a second reading of Ordinance #735
amending Chapter 3. Section 3-1, Alcoholic Beverages of the City Code.
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 3, Section 3-1, Alcoholic Beverages
CONSIDERATIONS:.
. In May 1999 the City Commission directed the City Manager and City
Attorney to review and prepare an 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.
CDD/September 17,199913:26 PM
SEPTEMBER 27,1999
PUBLIC HEARING AGENDA ITEM B
Page 2
. The draft amendment was transmitted to the Commission as an
Informational Agenda Item on August 9, 1999, August 11, 1999 and
August 16, 1999.
. The City Commission held a first reading of Ordinance #735,
amending Chapter 3, Section 3-1, Alcoholic Beverages of the City
Code on August 30, 1999.
STAFF RECOMMENDATION:
The City Manager recommends that the Commission consider the proposed amendment to
Chapter 3 regarding alcoholic beverage vendors and existing churches and schools and provide
direction.
ATTACHMENTS:
A. Ordinance #735 amending Chapter 3, Section 3-1 of the City
Code.
CDD/September 17, 199913:26 PM
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ORDINANCE NO. 735
AN ORDINANCE OF THE CITY COMMISSSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, AMENDING SETION 3-1 OF CHAPTER 3
ENTITLED "ALCOHOLIC BEVERAGES", PROVIDING THAT NO NEW
BUSINESS ENGAGED IN THE SALE, SERVING OR ALLOWING THE
CONSUMPTION OF ALCOHOLIC BEVERAGES SHALL BE LOCATED
WITHIN TWO-HUNDRED (200) FEET OF A CHURCH OR A PUBLIC OR
PRIV ATE 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 instruction 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 clarify 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 business engaged in sale prohibited near church or school.
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(a) No business proposing to engage in the sale or serving or allowing the
consumption of alcoholic beverages (alcohol ic beverages defined as all beverages
containing more than one (I) percent of alcohol bv weight) shall be allowed to
locate NB-l-i('fWr-BeeH}f-Wtne-SRull be sole within two hundred (200) feet in an
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airline of from any existing church or a 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 their closest points~
Whenever 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
hundred (200) feet of the vendor of alcoholic beverages. the establishment 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 alcoholic beverages.
(b) Interpretation of "Church Propertv" A church is a facility primarily intended for the
purpose of conducting organized religious worship services and permitted accessory uses.
Church property, as used in this Part. is the ground or land upon which a church and its permitted
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 public. 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
or land upon which a school and its permitted accessory uses are located and which is in
ownership or lease control of the school on the property.
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SECTION II. A new section 3-2 is added to Chapter 3 "Alcoholic beverages", said new
Section 3-2 to read as follows:
3-2 Alcoholic Beverage Vendors in the Town Center
In those areas zoned Town Center Zoning District or GreeneWay Interchange Zoning District, a
variety of densely developed land uses are encouraged in the area and the restrictions set for in
Section 3-1 shall not apply.
SECTION Ill. 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 jurisdiction, all other terms and conditions of the
Ordinance not specifically stricken shall remain in full force and effect.
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SECTION V. Effective Date. This Ordinance shall become effective upon its adoption
by the City Commission of the City of Winter Springs, Florida.
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DONE AND ENACTED in regular session of the City Commission of the City of
Winter Springs, Florida this 27 th day of S",ptPmbP.r, 1999.
ATTEST:
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CI