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2015-20 Code Amendment - Retail Sales of Alcoholic BeveragesORDINANCE 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 stfie ,°„ t'fough): Page 1 of 3 See. 45 -36. General provisions. 1 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 (,nnm 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. (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) 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 (5 1) percent or more of the gross sales are derived from the sale of food and non - alcoholic beverages kA alcoholic beverages are to be served only when the restaurant is open for the sale and service of food); proceed, however- that the provisions of this ___I __ _ - - -- -- rw __- -- Y­­_ b. any bona fide restaurant operatiniz 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. Page 2 of 3 (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) Ghufehes, publie and private s.,1,eels, hospitals, ,,, r4s, playgrounds an plaees of business of another lieemsed retail seller of aleeholie beverages shall of have the right •1„ le ate and operate within e the an (1,000) feet o f a business fieensed for- i ctami sales Of aleenonlie beverages Churches and other houses of worship, public and private schools, hospitals, parks, and playgrounds 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 12' DAY OF NOVEMBER, 2015. (Village Seal) ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 3 of 3 MA