HomeMy WebLinkAbout2002-03 Distance Restrictions - Sales of Alcohol•
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ORDINANCE 03-2002
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION N, LOCATION OF BUSINESS FOR RETAIL
SALES OF ALCOHOLIC BEVERAGES, OF SECTION 45-36, GENERAL PROVISIONS, OF
ARTICLE III OF APPENDIX C-ZONING, OF THE CODE OF ORDINANCES OF THE
VILLAGE, TO PROVIDE THAT A BONA -FIDE RESTAURANT OPERATING UNDER A
FLORIDA 4-COP-SRX LICENSE IS EXEMPTED FROM THE DISTANCE RESTRICTIONS
FROM RETAIL SALES OF ALCOHOLIC BEVERAGES; PROVIDING THAT CHURCHES,
PUBLIC AND PRIVATE SCHOOLS, HOSPITALS, PARKS, PLAYGROUNDS, OR A PLACE
OF BUSINESS OF ANOTHER LICENSED RETAIL SELLER OF ALCOHOLIC BEVERAGES
CANNOT LOCATE AND OPERATE WITHIN ONE THOUSAND (1,000) FEET OF A
BUSINESS LICENSED FOR RETAIL SALES OF ALCOHOLIC BEVERAGES; AMENDING
SUBSECTION L OF SECTION 45-36, GENERAL PROVISIONS, OF ARTICLE III OF
APPENDIX C-ZONING TO PROVIDE THAT CHURCHES, HOSPITALS, SCHOOLS AND
SIMILAR INSTITUTIONS WHERE LARGE NUMBERS OF PEDESTRIANS CONGREGATE
CANNOT BE LOCATED WITHIN FIVE HUNDRED (500) FEET OF GASOLINE OR OIL
FILLING STATIONS OR SERVICE STATIONS; 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 N, Location of business for retail sales of alcoholic beverages, of Section
45-36, General Provisions, of Article III of Appendix C-Zoning of the Code of Ordinances of the
Village, is hereby amended to read as follows:
"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, 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.
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(2) The measurement provided above for one thousand (1,000) feet shall be
made or taken from the main front entrance or entrances of such church,
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.
(3) 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) 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%) or more of the gross sales
are derived from the sale of food and non-alcoholic beverages. 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 (4) shall 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, public park or public playground.
(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) Churches, public and private schools, hospitals, parks, playgrounds and
places of business of another licensed retail seller of alcoholic beverages
shall not have the right to locate and operate within one thousand (1,000)
feet of a business licensed for retail sales of alcoholic beverages."
Section 2. Subsection L of Section 45-36, General Provisions, of Article III of Appendix C-Zoning
of the Code of Ordinances of the Village, is hereby amended to read as follows:
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"L. No gasoline or oil filling stations and no service station shall be erected within
five hundred (500) feet of any church, hospital, school or other similar
institution where large numbers of pedestrians congregate, nor within five
hundred (500) feet of the location in said village of another gasoline or oil
filling station or service station. No church, hospital, school or similar
institution where large numbers of pedestrians congregate shall locate or
operate within five hundred (500) feet of any gasoline or oil filling station or
service station.
The method of measurement that shall apply in such cases shall be by
measurement of the airline distance made or taken from the nearest boundary
of the lot or premises of a gasoline or oil filling station or service station to
the nearest boundary of the lot or premises of a church, hospital, school or
other similar institution."
Section 3. 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 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 5. 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 1 AY OF
(V L GE SEAL)
ATTES
VILLAGE CLERK /
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