HomeMy WebLinkAboutOrdinance No. 07-2009ORDINANCE NO, 07 -2009
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL
FLORIDA, AMENDING SECTION 110171 OF THE CODE OF
ORDINANCES RELATED TO ALCOHOLIC BEVERAGE
SPECIAL EXCEPTIONS; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE,
WHEREAS, the City is granted the authority, under Section 2(b), 'VIII, of the State
Constitution, to exercise any power for municipal purposes, except p p rP p when expressly prohibited by
law, and
WHEREAS, section 110 -171 of the City Code sets forth the requirements
for �rhic and conditions
h special exceptions may be granted authorizing certain establishments
g to sell, dispense,
serve or store alcoholic beverages or to allow the consumption of alcoholic beverages on
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and
WHEREAS, said establishments are generally prohibited from being ocated w tthin 2,000
feet of another establishment which sells, distributes, serves or stores alcoholic beverages or is
authorized for on- premises consumption of alcoholic beverages; and
WHEREAS, section 110 -171 (a )(2) of the City Code currently provides an e
this 2 f y p exception from
foot distance requirement for, among other things, restaurants seating 2
g g 00 or more
persons; and
WHEREAS, on October 22, 2008 by majority vote, the Planning Zoning oning Board
recommended to the City Council that section 110 -171 (a)(2) be amended to reduce the minimum
seating requirement to 150 in order for establishments selling, distributing, g g, g or storing
alcoholic beverages, or serving alcoholic beverages for consumption on-
g p premises, to be excluded
from the 2,000 foot distance requirement; and
WHEREAS, the City Council desires to amend the City ode consistent with
y the Planning
& Zoning Board's recommendation as set forth herein; and
WHEREAS, the City Council of the City of Cape Canaveral Florida hereby ereby Ends this
i
Ordinance to be n the best interests of the public health safety a y, w of the citizens o Cape
Canaveral.
BE IT ORDAINED by the City Council of the City f Cape Canaveral, y p Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby ull inc o r porated y y rp d herein by this
City of Cape Canaveral
Ordinance No. 07 -2009
Page I of 3
reference as legislative findings and the intent and purpose of the City Council of the City p of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and
stnrce type indicates deletions, while asterisks indicate a deletion from this ordinance of
text existing in Chapter 110, Zoning. It is intended that the text in Chapter 110, Zoning, denoted b
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the asterisks and set forth in this ordinance shall remain unchanged from the language existing prior
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to adoption of this ordinance):
CHAPTER 110. ZONING
ARTICLE IV. SPECIAL EXCEPTIONS
DIVISION 2. ALCOHOLIC BEVERAGES
Sec. 110 -171. Establishments serving alcoholic beverages.
(a) Establishments which shall require a special exception under this chapter by the
board of adjustment are those, whether or not licensed by the state Department of Business
and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense,
sell, serve, store or permit consumption on the premises of alcoholic beverages. In
consideration of a special exception application, the board of adjustment shall not approve
the application unless it is totally consistent with all the conditions as set forth in this section
and also the following:
(2) The establishment, if licensed by the state division of alcoholic beverages and
tobacco to permit on- premises consumption of beverages, shall not be located within
2,000 feet of another licensed establishment. The distance shall be measured as the
shortest linear distance between the property line of the establishment which
proposes to provide for the sale and consumption of alcoholic beverages and the
property line of any establishment which currently provides for the sale and
consumption of alcoholic beverages. Further, the establishment shall be in
compliance with the Florida beverage laws (F.S. chs. 561 through 568). Provided,
however, exceptions to this subsection are:
City of Cape Canaveral
Ordinance No. 07 -2009
Page 2 of 3
a. Restaurants seating 150 9$ or more persons.
Section 3. Repeal of Prior Inconsistent ordinances and Resolutions. All p rior
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inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code, This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and an heading may be
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changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, p o a hical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediate) upon
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adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Flo ' this 4th ay L
August, 2009. 9
ROCKY RAND LS, Mayor
ATTEST: For Against
+► Bob Hoog
Buzz Petsos Motion
MIA GOFORTH Ac g Depu City Clerk Rock Randels
tY Y Y x
C. Shannon Roberts Second
Betty Walsh X
First Reading: Julv 9 2009
Legal Ad published: Jul l 8 2009
Second Reading: Auizust 4 2009
Approve to legal form and sufficiency for
the Ci f ape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 07 -2009
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