HomeMy WebLinkAboutOrdinance 735 Alcoholic Beverages
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striking through repealed language and underlining new language, to read as follows: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 (alcoholic beverages defined as all beverages
containing more than one (1) percent of alcohol bv weight) shall be allowed to
locate No liquor beer or wine shull be sold within two hundred (200) feet in an
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 Property" 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.
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 Beverae:e 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.
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 27th day of SpptpmbP.r, 1999.
ATTEST:
~
)
CI\J;~NG: FLO~IDA
Mayor Paul P. Partyka ~
The Orlando Sentinel
Published Daily
~tate of jf10riba } 5.5.
COUNTY OF ORANGE
Before the undersigned authority personally appeared VIVIAN M. NAPIER
. . . . ' who on oath says
hat he/she IS the Legal AdvertlsIn9JtEU~I~entatlVe of The Orlando Sentinel a dally
lewspaper published at ALTAMJNTE SPRINGS ' in
~~:;a: County, Florida;
1at t e attac e copy of advertisement, being a NOT I ( E 0 f (H ^ N G E ~
1 the matter of AI (Hot Ie BEVERAG E
1 the S~OI,E;
las publis ed In said newspaper in the issue; of 09/17/99
Court,
Affiant further sa~s that the said Orlando Sentinel is a newspaper published at
~ PRINGS , in said
S County, Florida,
n.d that the said newspaper has heretofore been continuously published in
:lId SEMINOLE County, Florida,
a.ch lNeek D~ and has been entered as second-class mail matter at the post
<'flce In ALT DNTE SPRINGS in said
S'RMTNnT.F. County, Florida,
Jr a period of one year next preceding the first publication of the attached
)py of advertisement; and affiant further says that he/she has neither paid
)r promised any person, firm or corporation any discount, rebate,
)mmission or refund for the purpose of securing this advertisement for
Jblication in the said newspaper. .' ~.
L)--<~ M. ~->
1e foregoing instrument was acknowledged before me th 17th day of
SEPI'EMBER , 19~, by VIVIAN M. NAPIER' ,
,'0 is personally known 10 me and ~ ~alh'~ ~M .~""
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NOTICE OF CHANGES TO CHAPTER 3 CODE OF
ORDINANCES RELATING TO ALCOHOUC BEVERAGES
CITY OF WINTER SPRINGS .
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION WILL
HOLD A PUBLIC HEARING FOR .THE SECOND READING OF OR.
DINANCE 735 TO AMEND THE REGULATION OF ALCOHOLIC
BEVERAGE SALES.
THE CITY OF WINTER SPRINGS PROPOSES TO AMEND SEC.
TION 3-1 OF CHAPTER 3 'ALCOHOLIC BEVERAGES' RELATING
TO THE FOLLOWING: THAT NO NEWBUSINESS ENGAGED IN
THE SALE. SERVING, OR ALLOWING THE CONSUMPTION OF AL.
I COHOLlC BEVERAGES SHALL BE LOCATED WITHIN TWO.HUN.
I DRED (200') FEET OF A CHURCH OR A PUBLIC OR PRIVATE
, SCHOOL INSTRUCTING MINORS; EXISTING BUSINESSES: ADD.
ING A NEW SECTION 3.2 PROVIDING FOR CERTAIN EXCEP.
I'TIONS; THE AREA DESIGNATED 'TOWN CENTER' ON THE
CITY'S FUTURE LAND USE MAP AND ZONING MAP,
A PUBLIC HEARING ON THE PROPOSED CHANGES TO CHAP.
TER 3 'ALCOHOLIC BEVERAGES' WILL BE HELD ON SEPTEM.
BER 27, 1999 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL,
I THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMIS.
! SION CHAMBERS AT 112& EAST STATE ROAD 434, WINTER
, SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND AND
BE HEARD.
ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY
BE OBTAINED FROM THE CITY MANAGER'S OFFICE, AT CITY
HALL, .1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. I
FOftMdRE1NFORMA119N-CAl~1800~:' ""',_.;l,i.... -~
P~ASONSWlTH DISABIUTIES NEEOIN~ASSlSTAN~ro,PAR,
TlCIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT;
THE EMPLOYEE RELATIONS DEPARTMENT ADA COORDINATOR,
48 HOURS IN ADVANCE OF THE MEETING AT (407) 327.1800
#326.
THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY
DECISION OR RECOMMENDATION MADE BY THE CITY COMMIS-
SION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING YOU WILL NEED A RECORD OF THE PROCEEDINGS,
AND, FOR SUCH PURPOSE, THEY MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS BASED, PER SECTION 286.0105 F.S.
CITY OF WINTER SPRINGS, FLORIDA
IslANDREA lORENZO-LUACES
INTERIM CITY CLERK
CSE2917171 ... _u SEPTEMBER 17. 1999