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.