§ 33-150. Location of establishments.

(A)

Distance from other establishments. Unless approved as a special exception (Section 33-311(A)(3)), no premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the structure or place of business intended for such use is located less than fifteen hundred (1,500) feet from a place of business having an existing, unabandoned, legally established (and not one (1) of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The fifteen hundred (1,500) feet distance requirements shall be measured by following a straight line from the nearest portion of the structure of the place of business.

(B)

Distance from church or school. Unless approved as a special exception (Section 33-311(A)(3)), no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than twenty-five hundred (2,500) feet from a church or public school. The twenty-five-hundred-foot distance requirement shall be measured and computed as follows:

(1)

From a church, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the church structure, and

(2)

From a public school, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the school grounds.

(C)

Compliance prerequisite to issuance of licenses, permits and certificates. No certificate of use or occupancy, license, building or other permit shall be issued to any person, firm, or corporation for the sale of alcoholic beverages to be consumed on or off the premises where the proposed place of business does not conform to the requirements of Subsections (A) and (B) above.

(D)

Nonconforming uses; definition of abandonment. The uses referred to in Subsections (A) and (B) above that are in violation of the provisions thereof, and that were in existence on or before June 14, 1956, shall be deemed to be nonconforming and as such may continue until there is an abandonment thereof, provided that such nonconforming uses have been established and proven to the satisfaction of the Department on or before October 1, 1956, and not thereafter. After October 1, 1956, the right to establish a use not conforming with the requirements of Subsections (A) and (B) shall have expired and shall not thereafter be recognized. Any uses, created and established in a legal manner, which may thereafter become nonconforming, may continue until there is an abandonment. Once a nonconforming use is abandoned it cannot be re-established unless it can conform to the requirements of this chapter.

Abandonment shall consist of a change of use or of a suspension of active business with the public for a period of not less than three (3) months, or prior to the end of the period, on a written declaration of abandonment by the tenant and owner of the premises if under lease, and if not, by the owner.

(E)

Exceptions to spacing and distance requirements. The restrictions and spacing requirements set forth in Subsections (A) and (B) above shall not apply:

(1)

To private clubs, provided such clubs conform to all the requirements of a private club as stated in Chapter 561 of the Florida Statutes and other applicable State laws, and providing that there are no signs of any type exhibited or displayed or other indications that can be seen from the exterior of the clubhouse, building or structure that alcoholic beverages are served. Before a certificate of use and occupancy to serve alcoholic beverages will be issued, the applicant must submit necessary data to prove that it is eligible for the use and complies with Chapter 561 of the Florida Statutes or other applicable State laws; provided, anything to the contrary notwithstanding, these requirements must be complied with, even though the club intends to serve only beer and/or wine.

(2)

ESTABLISHMENTS IN RU-4, RU-4A DISTRICTS. To cocktail lounges, bars and cabarets located in RU-4 or RU-4A Districts and which conform to the requirements of said districts, or such other cocktail lounges, bars and cabarets in other liberal districts as may comply with the RU-4 or RU-4A requirements.

(3)

RESTAURANTS IN BU-1, BU-1A DISTRICTS. To dining rooms or restaurants located in the BU-1 or BU-1A Districts which comply with the requirements of such districts and serve cooked, full course meals, daily prepared on the premises, or such other dining rooms or restaurants in other more liberal districts complying with the requirements of the BU-1 or BU-1A District and which serve cooked, full course meals, daily prepared on the premises, providing that only a service bar is used and the sale of alcoholic beverages are sold only to persons seated at tables.

(4)

CERTAIN COCKTAIL LOUNGE-BARS IN RESTAURANTS. To cocktail lounge-bars as an accessory use in restaurants located in any IU or BU-1A or more liberal BU District, provided the restaurant occupies no less than four thousand (4,000) square feet of gross floor space, and has accommodations for service of two hundred (200) or more patrons at tables, and provided that the restaurant prepares and serves fully cooked meals daily and contains full kitchen facilities, meaning commercial grade burners, ovens, range hood(s) and refrigeration units of such size and quantity to accommodate the occupancy content of the restaurant, and provided that the restaurant shall be prohibited from advertising itself as a bar, cocktail lounge-bar, saloon, nightclub or similar type of establishment; and further provided that once the restaurant use is terminated, the cocktail lounge use will automatically terminate. The cocktail lounge-bar in the restaurant structure shall not have separate outside patron entrances, provided, hwoever, a fire door exit shall be permitted, when the same is equipped with panic-type hardware and locks and is maintained in a locked position except in emergencies; and provided the cocktail lounge-bar shall be so located that there is no indication from the outside of the structure that the cocktail loungebar is within the structure, and provided that the accessory cocktail lounge-bar is no larger that fifteen (15) percent of the gross square footage of the restaurant, and provided that the alcoholic beverages are served for on-premises consumption only; and further provided that the operating hours for the cocktail lounge-bar shall not extend beyond the permitted hours of operation for the restaurant.

(5)

BEER AND WINE FOR OFF-PREMISES CONSUMPTION. To the sale of beer and wine as a grocery item for consumption off the premises, from grocery stores, meat markets, and automobile gas stations/mini marts within the hours adopted and prescribed by the County Commission.

(6)

CONVENTION HALLS IN BU-1A DISTRICTS. To convention halls located in BU-1A, or more liberal business and industrial districts, which meet the following requirements: (a) Where the hall is part of the operation of a hotel or motel and directly under its management. (b) Where the square footage area of the convention hall is at least ten thousand (10,000) square feet. (c) Where the seating capacity of the hall is in excess of five hundred (500) persons. (d) Where the sign advertising the cocktail lounge or bar use is of same or similar type as is permitted for motels in the RU-4 Districts, that is, the advertisement is incorporated into the sign proper for the convention hall.

(7)

BEER AND WINE IN BOWLING ALLEYS. To beer and wine bars in bowling alleys:

(a)

Where there are no signs of any type exhibited or displayed, or other indications, that can be seen from the outside of the structure concerned, that beer or wine or other malt and vinous beverages are being served, and

(b)

When such bowling alleys are in a fully air conditioned building having at least ten thousand (10,000) square feet of floor space under one (1) roof and under one (1) ownership of title, and

(c)

Where the building contains at least six (6) alleys usable for bowling, and where the bowling alley has facilities for the service of food and beverages in an area separate from the alleys themselves and contains at least two thousand (2,000) square feet of usable floor space, including the bar and other facilities for the service of food and beverages and has accommodations for at least sixty (60) patrons at tables, and

(d)

Provided that such building be not less than five hundred (500) feet from a school or church measured as provided hereinabove.

(8)

NIGHT CLUBS IN CERTAIN HOTELS AND MOTELS. To night clubs and cabarets where the same are located in a hotel, motel, or apartment hotel and under the same roof, which contains at least two hundred (200) guest rooms or apartment units under the same roof, provided the exterior of any such building shall not have store fronts or give the appearance of commercial or mercantile activity as viewed from the highways. In the event the use contains windows which may be seen from the highway, said windows shall be of fixed, obscure glass. Such night club or cabaret shall be entered only through lobby, and no additional entrance shall be permitted. An additional entrance or door shall be permitted when the same opens into a courtyard or patio (away from street side) which is enclosed and which is not visible from the street. A fire door or exit shall be permitted, provided that the same is equipped with panic-type hardware and locks and is maintained in a locked position except in emergency.

(9)

PACKAGE STORES IN SHOPPING CENTERS IN BU-1A DISTRICT. Package stores in shopping centers in a BU-1A (limited business) or more liberal district containing a net ground building area of not less than five (5) acres including dedicated rights-of-way under one (1) ownership with an improved building area of not less than forty-one thousand (41,000) square feet of floor area thereon, and with an improved and developed parking area of not less than two hundred twenty-one (221) vehicles. Only one (1) such package store will be permitted in the shopping center. Said package store shall be at least two thousand five hundred (2,500) feet from any church, school and at least five hundred (500) feet from any other licensed alcoholic beverage establishment measured as otherwise provided in this section.

(10)

COCKTAIL LOUNGES IN GOLF COURSE CLUBHOUSES AND BEER IN ANCILLARY REFRESHMENT STANDS LOCATED ON SAID GOLF COURSE. To cocktail lounges in golf course clubhouses and beer in ancillary refreshment stands located on said course, whether governmentally or privately owned provided a bona fide regular, standard golf course is maintained and consists of at least nine (9) holes, with clubhouse, locker rooms and attendant golf facilities and comprising in all at least one hundred (100) acres of land. Failure of such club to maintain the golf course, clubhouse and golf facilities shall ipso facto terminate the privilege of the cocktail lounge and sale of beer from the refreshment stands.

(11)

EXCURSION, SIGHTSEEING OR TOUR BOATS. To excursion, sightseeing or tour boats, providing the operators thereof obtain a State beverage license for such boats, the same being designated as their place of business, upon compliance with all the laws relating to vendors operating places of business where consumption on the premises is permitted; provided that such excursion, sightseeing or tour boats contain all the necessary equipment and supplies in order to, and do, serve full course meals regularly, and have accommodations at all times for the service of two hundred (200) or more patrons at tables and occupying more than four thousand (4,000) square feet of space.

(12)

TENNIS CLUBS AND INDOOR RACQUETBALL CLUBS. To any chartered or incorporated club owning or leasing and maintaining any bona fide tennis club or four-wall indoor racquetball club consisting of not less than ten (10) regulation-size tennis courts or ten (10) regulation-size four-wall indoor racquetball courts, or a combination of tennis courts and four-wall indoor racquetball courts numbering fifteen (15), with clubhouse facilities, pro shop, locker rooms, and attendant tennis or racquetball facilities, all located on a contiguous tract of land owned or leased by such club and providing that there are no signs of any type exhibited or displayed or other indications that can be seen from the exterior of the clubhouse, building or structure that alcoholic beverages are served.

(13)

NOT-FOR-PROFIT THEATERS WITH LIVE PERFORMANCES. To any State-chartered not-for-profit legal entity organized principally for the purpose of operating a theater with live stage performances and with not fewer than one hundred (100) seats. Sales of alcoholic beverages shall be permitted only for consumption on the premises and only to patrons during any regularly scheduled live theater performance. No sit-down bar shall be permitted.

(14)

BREWERIES (FARM RELATED), DISTILLERIES (FARM RELATED), AND WINERIES (FARM RELATED). To a brewery (farm related), distillery (farm related), or winery (farm related).

(15)

BREWERIES (NOT FARM RELATED), DISTILLERIES (NOT FARM RELATED), AND WINERIES (NOT FARM RELATED). To a brewery (not farm related), distillery (not farm related), or winery (not farm related) provided that such use is not less than 1,000 feet from a school, measured as provided herein.

(F)

Prerequisites to use of premises as exception. For the purpose of this chapter, the right to use premises for the sale of beer, wine or liquor for consumption on, or off, such premises shall be established at such time as a building permit is issued, the application for which states that such use is to be established, and provided that the structure for which the building permit was issued is completed, and an occupancy permit issued for such use within the time prescribed for the completion of said structure under these regulations. In cases where the use is to be established in an existing structure, such use will be considered as existing at such time as the occupancy permit for such use has been issued, provided the use has been established within the time prescribed in the permit.

(G)

Sketch indicating location. For the purpose of establishing the distance between alcoholic beverage uses, and between such uses and churches or public schools, the applicant for such use shall furnish a certified sketch of survey from a registered engineer or surveyor. Such sketch shall indicate the distance between the proposed place of business and any existing alcoholic beverage establishment within 2,000 feet, and any church or school within 3,000 feet. Each sketch shall indicate all such distances and routes. In case of dispute, the measurement scaled by the Director shall govern.

(H)

Entertainment in establishments dispensing of alcoholic beverages; hearing for certain uses. Entertainment shall be permitted in all restaurants, bars, night clubs, and cabarets, or other establishments deemed by the Director to be similar thereto, in accordance with the following:

(1)

Indoor Entertainment. Restaurants, bars, night clubs, and cabarets may offer entertainment conducted within a completely enclosed building.

(2)

Outdoor Entertainment. Restaurants, bars, night clubs, and cabarets may offer outdoor entertainment if the business is not located within 500 linear feet of an adjacent or surrounding residential zoning district or a property with a residential use, or, when separated by a section line road with a minimum width of 100 feet, not within 400 feet of an adjacent or surrounding residential zoning district or a property with a residential use. The distance shall be measured by following a straight line from the closest edge of the area in which outdoor entertainment will be located to the nearest point of an adjacent or surrounding residentially zoned property or use. Except as otherwise provided in this subsection, outdoor entertainment only shall be permitted as a special exception after a public hearing.

(3)

Entertainment hours shall be limited to those allowed for the dispensing of alcoholic beverages in Section 33-151 (hours and days of sales).

For purposes of this section, "entertainment" shall be defined as dancing, any live performance, or any recorded or live music played; however, adult entertainment shall be allowed only as provided elsewhere in the Code. A certificate of use shall be obtained for the entertainment portion of the use on an annual basis. Application for the certificate of use shall be made on a form prescribed by the Director and shall contain a description of the type of entertainment and the hours that the entertainment will be provided. The Director may combine this type of certificate of use with others required for the subject property. Additionally, the Department shall have the right to periodically inspect premises at any reasonable time to ensure the existence of a current and valid certificate of use, and to ensure compliance with the terms and conditions under which it was issued. Violators will be subject to all appropriate penalties, including revocation of the certificate of use. The certificate of use for an establishment shall not be renewed while there are open enforcement cases in connection with the entertainment authorized in this section, nor shall the certificate be renewed where there are any cases pertaining to that location pending before the Nuisance Abatement Board (NAB). In addition, where the establishment has been determined, pursuant to Chapter 8CC of this Code, to be guilty of 3 or more violations pertaining to the entertainment use, or has been determined to be a nuisance at that location by the NAB, the certificate of use for the entertainment portion shall be revoked immediately and may not be renewed for a period of 12 months.

(I)

Transfer of nonconforming use. Upon good and justifiable cause proven to the satisfaction of the Zoning Board, a legally existing nonconforming alcoholic beverage use may be transferred to another nonconforming but properly zoned site in the same general neighborhood, not to exceed three hundred (300) feet from the sold site, upon approval of the appropriate Zoning Board after a public hearing.

(J)

Expansion of nonconforming use. Legally existing alcoholic beverage made nonconforming by reason of the regulations establishing distance restrictions between such uses, or any of them, or between any such uses and churches or schools, shall not be expanded unless and until such expansion shall have been approved by the appropriate Zoning Board for good and justifiable cause after a public hearing. "Expansion" as used herein, shall include the enlargement of space for such use and uses incidental thereto, the extension of a beer and wine bar to include intoxicating liquor, and the extension of a bar use to a night club use.

Nothing herein, however, shall be deemed an attempt to modify any prohibition or make less restrictive any requirement by the laws of the State of Florida.

(K)

Certificate void after thirty (30) days if premises not established. All alcoholic beverage uses must be established on the premises within thirty (30) days of the date of the issuance of a certificate of use and occupancy, otherwise said certificate of use and occupancy shall be null and void.

(L)

Compliance prerequisite to issuance of license. Anything to the contrary notwithstanding, no liquor license of any type may be used in a manner contrary to this chapter. The Tax Collector shall issue no license unless a current certificate of use or occupancy in the applicant's name accompanies the application. The license as issued shall note thereon any special limitations or restrictions applicable due to the zoning on the property.

(M)

Additional alcoholic beverage uses. Any provision of this chapter to the contrary notwithstanding, the service or sale of alcoholic beverages as herein listed will be permitted:

(1)

BOWLING ALLEYS. Beer and wine only as provided for in Section 33-150(E)(7) and Section 33-151(h).

(2)

CHARTER BOATS. Beer only as provided for in Section 33-151(d).

(3)

CONVENTION HALLS. Liquor, beer and wine as provided for in Section 33-150(E)(6).

(4)

EXCURSION, SIGHTSEEING OR TOUR BOATS. Liquor, beer and wine, subject to conditions as provided for in Section 33-150(E)(11) and Section 33-151(n).

(5)

GOLF COURSES. Lounges in club houses and ancillary golf course refreshment stands as provided for in Section 33-150(E)(10) and Section 33-151(o).

(6)

COUNTY PARKS.

(a)

Beer, take out only, no consumption on the premises at bait and tackle installations at marinas.

(b)

Liquor, beer and wine use in restaurants.

(c)

Beer, package sales only at camp grounds.

(d)

Beer only at concession stands.

(7)

COUNTY-OWNED AIRPORTS. Liquor, beer, malt liquor and wine in restaurants, bars, lounges, concessions, concession stands and package stores at County-owned airports.

(8)

PRIVATE CLUBS. As provided for in Section 33-150(E)(1), and as defined in these regulations.

(Ord. No. 57-19, § 5(J), 10-22-57; Ord. No. 58-6, § 1, 2-20-58; Ord. No. 60-46, § 1, 12-6-60; Ord. No. 63-11, § 3, 4-2-63; Ord. No. 70-19, § 1, 3-11-70; Ord. No. 71-1, §§ 1, 2, 1-6-71; Ord. No. 75-110, §§ 3, 4, 2-2-75; Ord. No. 77-53, § 1, 7-19-77; Ord. No. 78-21, § 1, 4-4-78; Ord. No. 78-51, § 1, 7-18-78; Ord. No. 80-10, §§ 1, 2, 2-19-80; Ord. No. 81-58, § 1, 5-19-81; Ord. No. 91-30, § 1, 3-5-91; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 02-176, § 1, 10-8-02; Ord. No. 04-215, § 3, 12-2-04; Ord. No. 13-76, § 3, 9-4-13; Ord. No. 15-126, § 2, 11-3-15; Ord. No. 16-134, § 1, 12-6-16)

Cross reference

Solicitation of drinks by hosts, waitresses, entertainers and other prohibited, § 21-21.