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ORDINANCE 02-2002
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (4), PROHIBITED LOCATIONS, OF
SECTION 45-20, ADULT ENTERTAINMENT ESTABLISHMENT, OF ARTICLE II OF
APPENDIX C-ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE, TO PROVIDE
THAT RESTAURANTS OPERATING UNDER FLORIDA 4-COP-SRX LICENSES ARE NOT
SUBJECT TO DISTANCE RESTRICTIONS FROM ADULT ENTERTAINMENT
ESTABLISHMENTS; PROVIDING THAT RELIGIOUS INSTITUTIONS, EDUCATIONAL
INSTITUTIONS, CHILD CARE FACILITIES, FAMILY DAY CARE HOMES, COMMUNITY
RESIDENTIAL HOMES, PARKS AND COMMERCIAL ESTABLISHMENTS THAT SELL OR
DISPENSE ALCOHOL FOR CONSUMPTION ON PREMISES (OTHER THAN
ESTABLISHMENTS OPERATING UNDER FLORIDA 4-COP-SRX LICENSES) SHALL NOT
LOCATE AND OPERATE WITHIN THE DISTANCE REQUIREMENTS FROM SUCH
ESTABLISHMENTS AND FACILITIES OPERATED AND LICENSED FOR ADULT
ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. Subsection (4), Prohibited Locations, of Section 45-20, Adult Entertainment
Establishment, of Article II of Appendix C-Zoning, of the Code of Ordinances of the Village, is
hereby amended to read as follows:
"(4) Prohibited locations.
(a) Notwithstanding any other provision of this Code, or any provision of the
village planning, land development and zoning regulations, no person shall
propose, cause or permit the operation of, or enlargement of, an adult
entertainment establishment which, while in operation or after enlargement,
would or will be located within one thousand (1,000) feet of a commercial
establishment that in, any manner sells or dispenses alcohol for consumption
on premises (other than establishments set forth in Paragraph 4(e)), within
five hundred (500) feet of Zoning District P, public district, within one
thousand (1,000) feet of a religious institution, within five hundred (500) feet
of an educational institution, child care facility, family day care home or
community residential home, within two hundred (200) feet of an area zoned
for residential use, within two hundred (200) feet of an area designated as
residential on the future land use map of the village's comprehensive plan,
within five hundred (500) feet of a park, or within two thousand (2,000) feet
of another adult entertainment establishment.
(b) In addition to the distance requirements set forth in subsection (a), an adult
entertainment establishment shall not be allowed to open, exist or do business
anywhere except in the C-1 and C-2 zoning district where adult entertainment
establishments are an expressly permitted use subject to review by the village
director of public services for conformance with the requirements of the
village's land development regulations.
(c)
The distance requirements of subsection (a) are independent of and do not
supersede the distance requirements for alcoholic beverage establishments
which may be contained in other laws, rules, ordinances, or regulations.
(d) No religious institution, educational institution, child care facility, family day
care home, community residential home, park or commercial establishment
that sells or dispenses alcohol for consumption on premises (other than
establishments set forth in paragraph 4(e)) shall locate and operate within the
distance requirements from such establishments and facilities operated and
licensed for adult entertainment establishments.
(e)
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The distance restrictions set forth in this paragraph (4) shall not apply to 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
gross sales being derived from the sale of food and non-alcoholic beverages.
Alcoholic beverages are to be served only when the restaurant is open for sale
and service of food."
Section 2. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any
reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the
remainder of this Ordinance.
Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 4. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 24th DAY OF JANUARY, 2002.
PLACED ON PUBLIC HEARING THIS 14th DAY OF FEBRUARY, 2002.
PLACED ON SECOND, FINAL READING AND PASSED THIS 14th D . OF FEBR j• ' Y, 2002.
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