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HomeMy WebLinkAboutOrdinance No. 19-2003 ORDINANCE NO 19 -2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110 -171 OF THE CITY CODE, RELATING TO SPECIAL EXCEPTIONS FOR THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 562.45, Florida Statutes, expressly permits a municipality to enact ordinances regulating alcoholic beverage establishments; and WHEREAS, the City desires to clarify and correct the requirements for obtaining and maintaining a special exception for the sale and consumption of alcoholic beverages; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Section 110 -171 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 110 -171. It is intended that the text in Sections 110 -171 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Cape Canaveral Ordinance No. 19 -2003 Page l of 5 Section 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 subsection and also the following: (1) The establishment shall not be permitted to locate within 300 feet of any existing church, schoolgrounds or playgrounds nor shall a church, school or playground be permitted to locate within 300 feet of any existing establishment which dispenses., sells, serves, stores or permits the on- premises consumption of alcoholic beverages. Measurement shall be made from the main entrance of the establishment to the closest lot line of the church, schoolgrounds or playgrounds by following the shortest route to ordinary pedestrian travel along the public thoroughfare, street or road. (2) The establishment, of a vLndor if licensed by the state division of alcoholic beverages and tobacco to permitting on- premises consumption of beverages shall not be located within 2,000 feet of another licensed establishment. The specific distance shall be measured in a straight line, without regard to intervening structures, from the r closest exterior structural wall of each such establishment. Further, the establishment '$ shall be in compliance with the Florida Beverage Laws (Chs. 561 through 568, Fla. Stat.). Provided, however, exceptions to this subsection 110- 171(a)(2) are: { a. Restaurants seating 200 or more persons. b. Hotels and motels with 50 or more guestrooms. c. Restaurants licensed by the state division of alcoholic beverages and tobacco for malt beverages only or malt beverages and wine only, provided the following are complied with: 1. The establishment shall have the capacity for and have in existence at least 25 seats for the serving of meals. No area within the establishment may be specifically designed for a bar or lounge operation. City of Cape Canaveral Ordinance No. 19 -2003 Page 2 of 5 2. Consumption of food and malt beverages or wine shall be on- premises only; however, food carryout without the alcoholic beverages may be permitted. 3. A restaurant licensed under this exception shall not derive less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold and consumed on the premises. The obligation to sell 51 percent food and nonalcoholic beverages is a continuing obligation. It is a violation of this zoning code to sell wine and malt beverages granted under this exception unless the restaurant has derived at least 51 percent of its gross income from the sale of food and nonalcoholic beverages. Such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12 -month period. •1 • • I • - . . .. . • . . • . U I ' . iestaurant. In acknowledgment of this continuing obligation and as a condition precedent to the issuance of a special exception, the owner of the restaurant shall execute and deliver to the city an affidavit and agreement, upon forms approved and provided by the city, which will attest and covenant to the owner's compliance with the provisions of this subsection 110- 171(a)(2)c.3. The owner shall also retain cash register receipts, guest checks and ledgers which may be reviewed at the request of the city to determine compliance. Failure to provide records requested shall be grounds for revocation of • • - . • • '. • • . . the special exception granted under this section. Any subsequent purchaser, assignee or transferee will be required to execute and deliver to the city an affidavit and agreement, as provided above, in order to maintain the special exception upon the property provided by this section. The restaurant, if advertised, shall be advertised and held out to the public to be a place where meals are prepared and served. * * * (b) The spccral LAL.,ptioli inay be subject to 1,anccllatioli by thc boa'd of adjustinL.ht if the board . . - • • 1 • • 1 • thc public &id that all laws p.,rtaiiiiag to the establishment's op.,ration have not been cvml.,licd with. Any special exception granted under this section may be temporarily • City of Cape Canaveral Ordinance No. 19 -2003 Page 3 of 5 suspended or absolutely revoked by majority vote of the board of adjustment at a public C { hearing, when the board of adjustment has determined by competent substantial evidence that either: (1) The establishment has obtained the special exception upon false statements, fraud, deceit, misleading statements, or suppression of material facts; The establishment has committed substantial violations of the terms and conditions on which the special exception was granted (3) The establishment no longer meets the requirements of this section or the Florida Beverage Code or (4) The management of the establishment knowingly allowed illegal activities to be conducted on the premises including, but not limited to possession or sale of illegal substances, racketeering, prostitution, lewd and lascivious behavior, and unlawful gambling. Prior to any special exception being revoked, the establishment shall be provided with minimum due process including notice of the grounds for revocation and hearing date, an opportunity to be heard, the right to present evidence, and the right to cross examine adverse witnesses. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 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 any heading may be changed or modified as necessary to effectuate the foregoing. 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No 19 -2003 Page 4 of 5 1 1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of July, 2003. il ROCKY RANDEAS, Mayor ATTEST: _ For Against Bob Hoog X Jim Morgan Motion Buzz Petsos Second SUS STIL S;'City Cork Rocky Randels X Richard Treverton X First Reading: 7/1/03 Legal Ad published: 7/5/03 1 Second Reading: 7/15/03 Approved as to legal form and sufficiency for the City • ' :pe Canaveral only: / 111411111 %, Nisol • NTHONY A. ARGANESE, Attorney : City of Cape Canaveral Mirre Ordinance No. 19 -2003 Page 5 of 5