HomeMy WebLinkAbout2015-20 Code Amendment - Retail Sales of Alcoholic Beverages•
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ORDINANCE NO. 2015-20
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA AMENDING ARTICLE III, "DISTRICT REGULATIONS,"
OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 45-36, "GENERAL PROVISIONS," TO REVISE THE
REGULATIONS GOVERNING THE LOCATION OF BUSINESSES ENGAGED
IN THE RETAIL SALE OF ALCOHOLIC BEVERAGES; CLARIFYING THE
MEASUREMENT STANDARDS; PROVIDING AN ADDITIONAL EXCEPTION TO
THE DISTANCE REQUIREMENT FROM OTHER RETAIL SELLERS; REMOVING
THE PROHIBITION AGAINST CHURCHES, SCHOOLS, HOSPITALS, PARKS
AND PLAYGROUNDS LOCATING WITHIN A SPECIFIED DISTANCE FROM
RETAIL SELLERS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Code of Ordinances restricts retailer sellers of alcoholic beverages
from locating within specified distances of churches, schools, hospitals, parks, playgrounds and other
licensed retail sellers of alcoholic beverages; and
WHEREAS, the Village Code currently exempts restaurants with a 4-COP-SRX alcoholic beverage
license from the distance requirements from other licensed sellers of retail beverages, and the owner of
a commercial shopping center located within the Village requested an amendment to the Village's ,
Zoning Code to similarly allow a restaurant with 2-COP alcoholic beverage license to be exempt from
this requirement, subject to additional conditions; and
WHEREAS, in conjunction with this request, Village Administration requested certain
additional revisions to this section of the Code, including clarification of the distance measurement and
removing the prohibition against churches, schools, hospitals, parks and playgrounds from locating
within 1,000 feet of an existing business licensed for the retail sale of alcoholic beverages; and
WHEREAS, the Planning Commission, sitting as the Local Planning agency, reviewed this
Ordinance at a public hearing held on September 1, 2015 and provided its recommendation to the
Village Council; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is the best
interests of the public health, safety and welfare of the residents and citizens of the Village of North
Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing "whereas" clauses are hereby ratified as true and are incorporated herein.
Section 2. The Village Council hereby amends Article III, "District Regulations," of Appendix C
(Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-36, "General
Provisions," to read as follows (additional language underlined and deleted language stricken thro g ):
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(3)
Sec. 45-36. General provisions.
The provisions of this article shall be subject to the following provisions and exceptions:
* * *
N. Location of business for retail sales of alcoholic beverages.
(1) No licensed retail sales of alcoholic beverages shall be carried on where
the proposed place of business is within one thousand (1,000) feet of a
church or other place of worship, public or private school, hospital, park
or playground, or a place of business of another licensed retail seller of
alcoholic beverages; provided further, that no licensed retail sales of
alcoholic beverages shall be carried on in the C-3, Regional Business District,
where the proposed place of business is within five hundred (500) feet of
a church, synagogue, temple or other place of worship.
(2) The measurements provided above for one thousand (1,000) feet shall be
made or taken from the main front entrance or entrances of such church
or other place of worship, public or private school, hospital, park or
playground, or a place of business of another licensed retail seller of
alcoholic beverages, to the main front entrance of the applicant's
proposed place of business along the route of ordinary pedestrian traffic.
The restrictions of section 45-36N.(1) shall not apply to the sale of beer,
ale or wine at retail, not to be consumed on the premises.
(4) The restrictions of section 45-36N.(1) pertaining to distances from other
licensed sellers of alcoholic beverages shall not apply to:
a. any bona fide restaurant operating under a Florida 4-COP-SRX
license as a restaurant with full kitchen facilities, and fifty-one
(51) percent or more of the gross sales are derived from the sale
of food and non-alcoholic beverages (A alcoholic beverages are
to be served only when the restaurant is open for the sale and
service of food); provided, however that the provisions of this
subparagraph (1) :hall not permit a license to be issued to a
restaurant that sells alcoholic beverages within one thousand
(1,000) feet of a church, public or private school, hospital, pabli6
park or public playground.
b. any bona fide restaurant operating under a Florida 2-COP license
as a restaurant with full kitchen facilities where: (i) the entire
restaurant, including, but not limited to, kitchen facilities, work
and storage areas, restrooms and eating areas, consists of at least
2,000 square feet; and (ii) alcoholic beverages are served for on
premises consumption only when the restaurant is open for the
sale and service of food.
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(5)
Nothing in section 45-36N.(1) shall prohibit the conduct of licensed
retail sales of alcoholic beverages within one thousand (1,000) feet of the
North Palm Beach Country Club.
(6) fiches, public and private schools, hospitals, parks, play
plaees-of but -finest of another licensed retail seller of alcoholic beverages
shall not have the right to locate and operate within one thousand (1,000)
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Churches and other houses of worship, public and private schools,
hospitals, parks, and nlavgrounds may locate and operate within one
thousand (1,000) feet of an existing business licensed for the retail sale
of alcoholic beverages. and. in such event, the existing business engaged
in the licensed retail sale of alcoholic beverages shall not be in violation
of section 45-36N.(1).
Section 6. The provisions of this Ordinance shall become and be made a part of the Code of the
Village of North Palm Beach, Florida.
Section 7. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any
reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such
holding shall not affect the remainder of this Ordinance.
Section 8. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
Section 9. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 22ND DAY OF OCTOBER, 2015.
PLACED-ON,SECOND, FINAL READING AND PASSED THIS 12114DAY OF NOVEMBER, 2015.
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VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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