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HomeMy WebLinkAboutMinutes 01-12-1984 WorkshopCITY COUNCIL WORKSHOP MEETING JANUARY 12, 1984 THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, HELD A WORKSHOP MEETING ON JANUARY 12, 1984 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:30 P.M. BY MAYOR WAYNE RUTHERFORD.' COUNCIL MEMBERS PRESENT WERE: MAY RUTHERFORD, MA. NICHOLAS 6 MR. FISCHETTI. MRS. CALVEAT 6 MR: WINCHESTER. COUNCIL MEMBERS ABSENT WERE: OTHERS PRESENT WERE: CITY MANAGER F. NUTT AND CITY ATTORNEY J. SCOTT. UNFINISHED BUSINESS ITEM 1. BUILD NICE GS NO. ESTABLZSHRE: G CODEIAL CHAPTERE623R SECO DSHOLD READING POSTPONED AT -3-84 MEETING CITY ATTORNEY J. SCOTT POINTED OUT THAT THE STATE OF FLORIDA CONCURS WITH MR. KELLER'S. INTERPRETATION OF THE. WORD "FABRICATION." AGENDA FOR TUESDAY NIGHT. ITEM 2. ORDINANCE PERMIT FEESE BYMPROVINIDINGDF0RRBUILDING7 PERMIT FEES SITE PLAN REVIEW FEES AND SUBDIVISION OF LAND FEES SECOND READING AND PUBLIC HEARING ON - 7-84 AGENDA FOR TUESDAY NIGHT. NO DISCUSSION: ITEM 3. DISCUSSION RE: NOISE ORDINANCE (POSTPONED AT 1-3-84 MEETING - SINCE MR. WINCHESTER HAD REQUESTED THIS ITEM BE PLACED ON THE AGENDA AND HE WAS NOT IN ATTENDANCE, IT WAS DECIDED NOT To PLACE ON THE AGENDA, FOR TUESDAY NIGHT. TO BE PLACED ON THE NEXT WORKSHOP MEETING AGENDA., CITY COUNCIL WDRimm JANUMM 12, 1984 PAGE 1 OF 3 NEW BUSINESS ITEM 1. ORDINANCE NO. 2-84 AMENDING CODE CHAPTER 231 RE- ESTABLISHING GENERAL ORGANIZATION OF THE CITY PERMISSION TO ADVERTISE AT 1-17-84 MEETING IT WAS EXPLAINED THAT THIS ORDINANCE IS NEEDED TO COMPLY WITH THE RECENT CHANGES VOTED ON BY REFERENDUM. AGENDA FOR TUESDAY NIGHT. ITEM 2. PERMISSION TO ADVERTISE FOR BIDS FOR SEWER EQUIPMENT CITY MANAGER F. NUTT EXPLAINED THAT THE SEWER DEPARTMENT FLOW METER IS INOPERATABLE AND MUST BE REPLACED. MR. WALTEMIRE EXPLAINED TO COUNCIL THAT THE CONTINUOUS MONITORING EQUIPMENT WOULD FREE ONE OF HIS EMPLOYEES FOR OTHER DUTIES. AGENDA FOR TUESDAY. ITEM 3. DISCUSSION RE: REIMBURSEMENT FOR DAMAGES TO VEHICLE MR. NUTT EXPLAINED THAT THIS ITEM HAD TO DO WITH DAMAGES WHICH WERE SUSTAINED TO A VEHICLE OWNED BY MR. MACK STONER. COUNCIL REVIEWED THE PHOTOGRAPHS WHICH HAD BEEN TAKEN OF THE DAMAGED STORM DRAIN INTAKE THAT MR. STONER HAD HIT WITH HIS CAR THEREBY DESTROYING AN AUTOMOBILE TIRE. MR. STONER WAS REQUESTING REIMBURSEMENT FOR $46.10 WHICH HE PAID FOR A NEW TIRE. IT WAS NOTED THAT THE CITY'S INSURANCE COMPANY HAD REFUSED TO REIMBURSE MR. STONER. AGENDA FOR TUESDAY'S MEETING. ITEM 4. APPROVAL OFPLAT MAP - BAIN'S LANDING, WEST END OF CENTRAL BOULEVARD ON BANANA RIVER IT WAS NOTED BY THE CITY ATTORNEY THAT THIS ITEM WAS APPROVED BY THE PLANNING AND ZONING BOARD AT THEIR MEETING ON JANUARY 11TH. AGENDA FOR TUESDAY NIGHT. MR. SCOTT ALSO POINTED OUT TO COUNCIL THAT HE IS IN THE PROCESS OF REWRITING THE SUBDIVISION ORDINANCE. ITEM 5. APPROVAL OF PLAT MAP - OCEAN BREEZE TOWNHOUSES CANAVERAL BEACH BOULEVARD NO DISCUSSION - AGENDA FOR TUESDAY NIGHT. CITY COUNCIL WORLgHOP JANLYMY 12, 1984 PAGE 2 OF 3 DISCUSSION_£: DELEGATE AND ALTERNATE TO BREVARD ITEM 6. LEAGUE MAYOR RUTHERFORD SAID HE WOULD BE WILLING TO CONTINUE TO BE THE CITY'S DELEGATE AND SUGGESTED THE REST OF. THE COUNCIL BE APPOINTED AS ALTERNATES. AGENDA. DISCUSSION CITY MANAGER F. NUTT ASKED COUNCIL TO CONSIDER AN ADD—ON ITEM RE: PERMISSION TO ADVERTISE REROOFING OF REC CENTER BUILDING. DISCUSSION FOLLOWED. MR. NICHOLAS RAISED THE QUESTION OF ERECTING A NEW BUILDING WHILE THE CITY CAN RAISE THE MILLAGE SET ON THE RECREATION REFERENDUM. CITY ATTORNEY SCOTT AND CITY MANAGER F. NUTT ARE TO L00K INTO THIS MATTER FURTHER AND REPORT BACK TO COUNCIL AT THE NEXT WORKSHOP MEETING. IT WAS NOTED THAT THERE HAD BEEN NO FURTHER APPLICANTS FOR THE CODE ENFORCEMENT BOARD. AGENDA NEXT WORKSHOP. MR. SCOTT POINTED OUT THAT THERE WILL BE A PUBLIC HEARING RE: THE AMENDMENT. AND ANNUAL REVIEW OF THE COMPHREHENSIVE PLAN BEFORE THE PLANNING AND ZONING BOARD MEETING ON JANUARY 25TH AND A SECONDED PUBLIC HEARING AT THE COUNCIL REGULAR MEETING ON FEBRUARY 7, 1904. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:20 P.M. mly C erc CITY CYJM WORKS" JANUARY 12, 1984 PAGE 3 OF 3 City of Cape Canaveral b i IOS FOLK AVENUE P CAPE CANAVERAL, PLOBIDA ]3910 P.O. BON 318 s.= • TELEPHONE ]OS 793-II00 January 3, 1984 M E M O R A N D U M TO: Mayor and Council FROM- City Manager RE_ _ _ ORDINANCE NO. 27_83 _ _ _ _ _ _ _ _ _ _ _ _ The Acting Building' Official has requested that Ordinance No. 27-83, regarding Special Inspectors for Threshold Buildings, be amended prior to final passage.. Mr. Keller ,feels that the word "fabrication" needs to be made clearer and has proposed a definition to be in- cluded in the Ordinance. A copy Of the proposed addition is attached for your review. Aer ck C. Nutt City Manager FCN:jl Enclosure 0 General Contractor: The term "General Contractor" is specifically defined in Section 489, F.S. and cannot Le construed to include building contractors. See. 623.03 The following general proviuions are adopted in addition to the State Statute: A) The building owner shall negotiate for and pay the salary of any required special inspector. The salary for the special inspector will be certified as paid, by letter, to the Building Department. The letter shall be submitted at the end of each two (2) week period and shall include the name, location, permit number, hours and dates worked and amount paid. B) Any special inspector shall be qualified by, " and acceptable to, the City's Building Official. C) There must be an Errors and Omissions Bond for one million dollars posted by and for the special inspector, to the City of Cape' Canaveral. D) The special inspector will notify the Building Official in order that a dual inspection can be made of all structural components prior to "cover up" or pouring of concrete, etc. E) The project engineer will sign a suitable form, addressed to the Building Official, which indicates- he has inspected prior to the dual inspection -and states that "the plans have been complied with" for whatever.siage of construction is occurring, facts and signature attested to by special, inspector. F) The building plans for threshold buildings must•bear the notation "these plans comply with minimum building codes", and in addition, an owners certificate prepared by an engineer or architect must state the "construction complies with applicable codes.and the intent and design specified in permitted documents". G) The project engineer and general contractor shall certify on a suitable form addressed. to the.Building official, that all shoring and reshoring meets the sealed engineer \ design prior to pouring any concrete. Sec. 623.09 Penalty. Any person violating any of the provisions of th s chapter shall be punished as provided in Section 801.01 of the City Code of the City of Cape Canaveral, Florida: SECTION 2. All portions of the code in conflict herewith are hereby repealed. Ordinance No. 27-83 -.Page'2,of 3. City of Cape Canaveral 105 POLK AVENUE P CAPE CANAVERAL, FLO RIDA32520 P.O. BOX 324 TELEPHONE 005 053-1500 January 3, 1984 F71, I . M E M O R A N D U M TO: Mayor and Council FROM- City Manager RE: ZONING. AND RETAIL SALES OF ALCOHOLIC BEVERAGES Following the discussion at the December 20th Council Meeting, additional research has been conducted into the possible zoning restrictions for the sale of wine for off -premise consumption. There is no apparent statutory zoning restriction for the sale of wine as there is for beer, which would thus allow cities to impose zoning regulations affecting .the sale of wine. The City's Zoning Ordinance needs to be revised to recognize the state statutes with regard to excluding beer sales from local zoning regulations. Also, the issue of wine sales should be addressed in light of the practice of retailers to treat beer and wine as similar products. I recommend that the issue of Special Exceptions for beer and wine sales be referred to the Planning and Zoning Board for its review and recommendations. Frederick C. Nutt 'City Manager FCN:jl City of Cape Canaveral S IOh POLK AVENUE • CAPE CANAVERAL, FLORIDA 22620 r P.O, BO%226 TELEPHONE 00S 26Y1100 MEMORANDUM TO: City Manager F"I: Acting Building Official DAT:: Decarber 29, 1983 suan T: Alcoholic Beverages, Retail Sales REF: Building official3i t ..1903 oningd.o.-88, Anendans The discussion held at the Council Meeting on DeceEher 20th left an issue open relative to controlling off premise sales Of wine' It was established that F.S. 1979, CR. 563 precluded zoning control of off premise sales of beer. There are presently 10-12 retail facilities which sell beer and wine along with other food items, gasoline, etc. The past decisions which alluded the present establishments to sell beer and wine have been Ordinance by six istent and based on interpretations Of the Zoning seven different Building Officials. I believe my decision to allow Little General stores to sell beer and wine without a special exception is proper. e the ht to bees and envision wine, regat�dless ofing a sposr X or Winn-Dixie ssible zoning restrictions that l may be in effect. The attached blank form for beverage license would henceforth have to be signed by the Chairman, Planning and Zoning Board, or City Council, as zoning authorities. The Building official is only an enforcer-interpretes, not a writer, of zoning regulations. In sunnation, there does not appear to be any significantdifferences between beer and wine with regard to alluded alcohol content - beer ranging from 18 plus and wine from 149 minus. 646/ C.� rY B` C. Keller IBX:jdh Enc. (1) STATE OF FLORIDA e DBR 100-L DEPARTMENT OF BUSINESS REGULATION Rev. 10-80 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE INSTRUCTIONS: I. This application must be typed and filed in duplicate. As part of our service the Division of Alcoholic Beverages and Tobacco will be happy to assist in the preparation and typing of this application. 2. All questions must be answered. If a question does not apply so Indicate by N/A. 3. This application Is taken under oath. .Persons filing false applications or Information may be prosecuted and their application denied. TYPE OF APPLICATION Check Appropriate Box(es) O New ( )Increase In Series O New - Additional ( ) Decrease In Series O One Day Permit (For ) ( ) Change In Series O Temporary Transfer ( ) Change of Officers () Transfer ( ) Correction ( ) Change of Business Name ( ) Other O Change of Location II FOR ANY TRANSFER OR CHANGE APPLICATION ONLY: I. For Transfer of License No. Current Series 2. From-.� s li3t`lbusi'nessyrame 111 FOR ALL APPLICATIONS L Fu 11 Name of Applicant(s) 2. Business Name -- 3. Location of Business STREET NO. MUNICIPALITY COUNTY ZIPCODE 4. Mailing Address IF DIFFERENT FROM LOCATION OF BUSINESS ZIPCOOE 5. Type of License Desired (Series )e 6. If applicant Is a corporation o-r-a-IM-T-tedpartnership list the charter number Issued by the Florida Department of State - 7. List below the names of all those connecte7d directly or Indirectly.��he business for which the license Is sought: (This Includes Partner(s). Spouse. Director(s); Stockholder( s ) , Chief Executive. Limited and General Partner(s). Corporation(s), or any form of entity which Is connected with this business). NAME OFFICE (IF CORPORATION) OR NATURE OF INTEREST OTHER TITLE IF ANY INCLUDING STOCK % H. 8. The followingquestions must be answered for those persons or business entities I ts ted above who are directly or indirectly. interested In .the business for which the license is sought: A. Are any of the above named persons or entities:' I). Employees of the Division of Alcoholic Beverages and Tobacco? 2)' Law enforcement officials with arrest powers granted by the Legislature? 3) Under sentence or parole? 4) Convicted in the last pas[ 15 years of any felony in this State or any other State or by the United States? 5) Convicted In the last past 5 years of any beverage law viol at on n this State or any other State or by the United States? a A schedule of license fees is available on request. B. Have any 0 the above named persons or en t es ever held a beverage license? C. Has a license covering the place described in this application or any other place in which any of the above named persons or entities were at the time interested ever been revoked by the Director? D. Are any of the persons or business entities now, or have they been in the past, Interested in, affiliated or connected with, directly or indirectly, including through stock ownership or otherwise, any corporation, partnership or individual engaged in, directly or Indirectly, the manufacturing, rectifying, distilling, distributing, Importing, exporting, or selling at retail, any alcoholic beverage in the State of Florida or any other State? _ If. the answer Is "Yes" to any of the questions asked give full particulars IV SALES TAX I. Do you acknowledge your statutory responsibility to obtain a proper sales tax account number before operating a business under the license you are hereby seeking? Initials: V RIGHT OF OCCUPANCY - 1. Does applicant have a legal right of occupancy to the premises sought to be licensed? Explain (include the landlords name and address if applicable) VI HEALTH APPROVAL - TO BE COMPLETED BY THE STATE/COUNTY HEALTH AUTHORITIES ONLY: Inspection of this establishment was made on and it was found that the sanitary facilities of the establishment O Comply O Do Not Comply with the minimum requirments under regulations of .the Florida State Sanitary Code, as promulgated under Chapter 19366, General Laws of Florida, Sanitarian -County Health Department V,LJ ZONI NASO PPROVAL I. Is location within the limits of an incorporated municipality? 2. This premises Is applying for a type license. This would authorize sales of alcoholic beverages as o lows: 3. THIS PORTION 15 TO BE COMPLETED BY THE LOCAL ZONING AUTHORITIES ONLY: The above location does comply with local zon ng or nance for the sale of alcoholic beverages as stated above. The above location does not comply with local zoning ordinance for the sale of alcoholic beverages as stated above. Signed: Title• city County Date VIII FOR ALL APPLICANTS FOR SPECIAL OR CLUB ALCOHOLIC BEVERAGE LICENSES. 1. As an applicant for a license pursuant to It is recognized that the following'requirements must be met and maintained: F.S.1970W BEER Ch. 663 No Gt4t406f �S. f9 W CHAPTER 663 BEER 563.01 Definition. tax of $1,250 for each establishment or branch he 563.02 License fees; vendors; manufacturers and may operate. distributors. ubmgti a.a secs 563,03 Regulation caneerningdraR beer. erN .I. ueuu-1-k„. Ntx 663.04 Ln cling regulations; beer. .Kuxr....m.. ori...,,... 663.05 Excise taxes an malt beversit”. 563.06 51nit beverages; stamp on crown or can lid, 563.03 Regulation concerning draft beer.— &im of containers. ' „ Each and everylapp or spigot through which draft 563.07 Beer distributors' collection credit. beer is served aF1o11. on the handle of such lap or 563,08 Cash deposit on beer sales. apigot in plain view afthe consuming public, display 663.01 DeftnlliomlrThe terns "beer" and the name ofthebeerbeing presentlyserved through such top or spigot. "maltheverage" mean all brewed bevengescontain• „=Wmr; .<�KMxo% 1241," 14.6 67 • 3. 4, teem . ing malt. o p�; 563.04 labeDn g regulations promulgate at d e - soon V fullyy authorized regu at make and promulgate ring 657A2 Idcelue (nes; vendors; tuanufacturon Soneblarules and regulations governing the labeling and dlstributoro.- . -. - ` of beer, which rules and regulations shall not con- , I) on•(I) Each vendor ofmaltbevengn contalufngal• Rict with the federal. regulations pertaining to such mhol ofmore than l percent by weight Shall pay an labeling. - -• -' annual state license tax as follows: P"."1r"i., :amscls. (a) Vendors operating places or businne where beverages aro Sold only for -consumption oft the °`6&9.05 " Fscleetuea orimall beveregea�Ae to pmmIWs, an amount equal. to 50 percent of the malt beverages copteining mon than 1 percent of amount of the license tax herein provided for van• alcohol by weight, there shall be paid by all menu• don in the samecouoty ormtingpplacesofbuidnese factunrs, distributors, and vendor, as herein dr• where consumption on the press 3 V permitted. fined, a tax of 46 cents per gallon upon all such Vendors holding such off premiaeseleslicemesahall bevereges In bulk or in kegs or barrels, and, when not be subject to raring by municipal and county Sold in containersof less than 1 gallon, the tax Shall &uthorities. .: •,. " • be 5 cents on each pint or fraction thereof in said (b) Vendors operating places of businees where container. However, the excise taxes required to be consumption on the prembin is permitted in coon• paid by this section upon malt beverages containing tin having a population ofover 100,000, according to alcohol of not more than 3.2 percent by weight shall the latest state or federal census, $200...•..,:. notbe required lobe paid upon such beverages when (c) Vendors operating =p of business where the Same aro Said to pmt exchanges, ship Service consumption on the premises is permitted in muco• &totes; and base exchanges lacalal in military, m - ties having a population of over 75,000 and not over val, or air force reservations within this state. 100,000, according to the latest state or federal mn• aw..r.-. aanae •'L.s.n�sr. ons, $160. ., (din o ) Vendors operating places busonav where 563.08 Malt beverages stamp on crown or mnaumpthm on tha niflea is permitted in coun• � lid, size of mntalners — tinhavingapopulationafoverW000andleasthan (1) On and after October 1, 1959, all taxable malt 75.000, according to the latest state or federal an. beverages packaged in bottles or coma, possessed by 241s, $120. - any person in the state for the purpose of sale or lel Vendors operating places of bnsinees where resale in the state, exttpt.operators or nBroads, �inahaving aon population otos 25,000 and lav ,him s��n�nmInknNte commerce and iiunaeAnu ser 50,000, accordirsg to the Lint state or federal an• this Section. shall have printed or lithographed an sus• $dO. - the crown or cars lid thereof, the word "Florida" in 10 Wad— operating places or business where not lav than 8 -point type; crown closures and ma, coosumptoon on the pnmaes L permitted in coun• Iidsehali bear themanufacturers insignia, nameor tishaving a population of less than 25,000, sword• trademark L addition to the word "Florida." Mean- Ing to the latest state or federal cenaus. $40. facturen of the malt beveregea shall be renuired to 01 viewing only malt beverages mall pay m annual suite license Lx of $3.1100 for each plant or branch he may operate. 111 Eich distributor who shall distribute or sell a'roholic beverages containing Ire than 14 percent almhul by weight shall pay an annual stela pinnae 27 y$ta:n WINE Ch. 6134 CIIAPTER 564 WINE t.0 ,,I Drlinilions. 60,000. Z,.rd1ng to the latest state or fedeml cen• V,4 U2 License fees; vendors; manufacturers and au,, $ 160. distribulare. (0 Vendors operating placers of "� (n course i•4 td Wines; sacramental and relighme pury consumption on the promisee pe ties having a population .f leas 11=25,—.c wrd• W ,u5 1,=iion of wine for family use. Ing to the .test elate or federal us. $120. y.4 d4 L brling regulation,; wine. (2) Each wine manufacturer authorized to do '44045 RVtuatlon so primary American source business under the Beverage law shalt pay an annu• of supply. al state license tax for each plant or branch he may 4u c6 Limitation of size or Individual wine can. operate, as follows: miners; penalty. (a) Ifengaged in the maaurneturingor boltlingof ,64 (x: Excise traces on wines and hevemgm. ex- wine, and of nothing else, a atal° license lax of Sl; eruptions. - 000, unless engaged exclusively In the manufacture Ing or bottling oC wines toad from Floridgrow. 564,01 Dcfrnitiona.— fresh !culla, barrios, or grapes or mncentmle of .I. -Wine' me.m ali beverage made from fresh fruits berries, or gropes grown and concentrated in yonabrrries,LlR",eitherby natural Fermenta- Florida, a state license tax of560. teal or by not, fermentation with brandy added, (b) ifenggaged in the manufacturin afwines and u•, manner required by the laws and regulations cordials and or nothing elm, a slam license tax oC d uw United States, and includes allsparklingg $2,000. ws• champagne, combination or the eforetaid (9) Eachdiatributorwho shall sell beverages can. a 'Nmcea.vermouths, and like products. Sugar, Rtaming alcohol ofmom than l percent by weight and and coloring materials may be added towine to not mom than 14 percent by weight; and wines re- that gardles ofalcoholic content, in counties whom the dkritronformmthe wasumer9taste, except ya. uilimate Ravor or the calor art f the product may este or Intoxicatingg Ilquom, wines, and bran is per. mite altrnd to imitates beverage other than wine milted shall peyforeachnadeveryaucheslabluh- to <hanxe thacheroctar oCthe wine, ment or branch he may operate or conduct a stale ,]t 'Fortified Mie 'means aU wince containing Ilc°°xmx°f61,260.Amenufaetumrlicensed under ram. than 14 percent of alcohol by weight Ph (2Xa) InaY be licensed as a distributor an- t.a P • • - er t is subsection if the manufacturer'. sale and ..v,.r..Ylmurul. distribution am limited to wines on ... factored an. der such license and made from Florida-grown fresh W.R! License fees; vendom; manufacture. finite, berries, or grapes or concentrates or fruits, and distribute—gm" orgrapeagm" andconcentroted in Florida III Each vendor of beverages containing alcohol and bottled in Florida, A manufacturer an licensed dawn than l percent by weight and not more than shall pay a state license tax ofS50 for each and every 14 p—at by weigK end wines regardless of alto- such distribution establishment or branch he may bale content, shall Py's" annual state license tax operate or conduct.. (60- -'W) allaws:- W Vendon oid only place ofmption whero b..enxe are sold only for to 50 portent of the �ai�n a w..... as.aet sortr. premises• an amount equal to 60 percent of the •�', •.,. ..,., .. ,. .' amount of the license tax hereto provided for von• :;.684.09 •t.lVines;sacramental and religious pun dws in the same county opemU.g places oflaulness P°�-:•.,.t :., ... ,. . ....... cher. consumption on the PrcmI— is ppeermitted. M For the purrppmmee of this section the term ..,b, Vendon operating place of bm= whom "wine' i, hereby de0ned to mean wine, vinous spir• mption on the promises is permitted in wun- Its, or vinous Rqquors. —having a population ofover 100,000, according to (2): An mlig m order, monastery, church or the I--state or federal means, $280. ligio to body, or, any miniater, paster, priest or robbi - let Vendon operating plaoes of tnednese whew thereof, may purchase wine for religious or escm• rnswmptisn on the premises is permitted in wan- mental ppurposes from any duly licensed wholesaler sa.heving a population ofover 75,000 and not over or mlaller within the state, by obtaining a permit latus), according to the latest stab or federal me* from the division for such purchases herein provid. ad. . .. .... .... .. di Vendon operating places of bwinese when . (3). The division shall true said ppeermit upon oauumpzmn on the p�remises V permitted in won- sworn application,alaUngthename oflhe oppintent, ti.Fuving°populati°n ofover 60,000 and tem than the religious purpose for which the wine b to be :S,Qv4, according to the Inlet state or federal ran• used, the amount to be purchased, and from whom w+• 5�0. - the purchase is m be made. irl Vendors operating Pierce of bwiilesa where (41 Thedivision for good Muse may refuse to is- =hmplion on the premise, is permitted in won• sue sold permit uss having a population ofover 25,000 and lase than (6) Smdwineandthesa(.thereof,whensoldas 29 CITY OF CM CANAVERAL //o MICROFILMED JUNE 89 City Of Cape Canaverg 105 POLK AVENUE 0 CAPE CANAVERAL, FLORIDA 32920 P.O. BOX 326 TELEPHONE 305 783-1100 I MEMORAVDU.M TO: City Manager FROM: Acting.Building Official DATE: December 29, 1983 SUBJECT: Alcoholic Beverages, Retail Sales REF: Building Official Memo of December 19, 1983 Zoning Ord. No. 2-83, with Amendments The discussion held at the Council -Meeting on -December 20th left an issue'.open relative to controlling off premise sales of wine. It was established that F.S. 1979, CH. 563 precluded zoning control of off premise sales of beer. There are presently 10-12 retail facilities which sell beer- and wine along with other food items, gasoline, etc. The past decisions which allowed the present establishments to sell beer and wine have been consistent and based on interpretations of the Zoning Ordinance by six or seven different Building Officials. I believe my decision to allow Little General stores.to sell beer and wine without a special exception is proper. I cannot envision denying a Super X or.Winn-Dixie,store the right to sell beer and wine,.regardless of possible zoning restrictions that may be in effect. The attached blank form for beverage license would henceforth have to be signed by the Chairman, Planning and Zoning Board, or City Council, as zoning authorities. The Building official is only an enforcer -interpreter, not a writer, of zoning regulations. si gnificant ..differences'. between In s=nation, there does not appear to be 4,nF'--'. ­f7i - 7 . ­ I . beer and wine with regard to allowed alcohol content.- beer ranging from. 1% plus and wine from 14% minus. 4, iry,� 6, 61�ffl� 1. Keller HLK: j dh Enc. (1) TO -MOM CITT-0F_ CAPE" CANAVERAL 105 POLK AVENUE AVICROFILMED JUNE 8c CAPE CAP t' IRAL, FL 32920 (30o 783-1100 DATE M ember 29 1983 SUBJECT Ord..,.No.. .27-.83.:..(Special._ Inspector -Threshold Bldg.) The following paragraph needs to be added to the above referenced ordinance: .......... .......... ...... H) Fabrication: Defined as pertaining to those fully asserrbled,cornponents which constitute designed- structural- .-integrity- as --shown- byengineering- -specifications - - (i.e., piling placement, ready to pour beams -columns, slabs, shoring, etc.). ----------- _1-1- ­ I .. ...... ­ ­ ]--1 ­­­ ­­­­­ ......... ­­ ... I .... 1..---.1-__ ........................ ........... ........ ........... ........ ....... ............. .......... ........ .... ....... ........ ------------- ........... .............. ............. ........ . ...... .......... ... ---- ---------------- ...... .................. ----- ---- ---- ---------- ----- z. SEND WHITE AND PINK COPIES WITH CARBON INTACT. PINK COPY IS RETURNED WITH REPLY.