HomeMy WebLinkAboutOrdinance No. 36-2003 ORDINANCE NO. 36-2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING SECTION 110 -171 OF THE CITY
CODE, RELATING TO DISTANCE SEPARATION
BETWEEN ESTABLISHMENTS WHICH DISPENSE, SELL,
SERVE, STORE OR PERMIT CONSUMPTION ON
PREMISES OF ALCOHOLIC BEVERAGES AND
BETWEEN SUCH ESTABLISHMENTS AND CHURCHES,
•
SCHOOLS, AND PLAYGROUNDS; 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), Article 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 provide a clear and unified method for calculating the
minimum required distances between establishments which dispense, sell, serve, store, or permit
consumption on premises of alcoholic beverages and between such establishments and churches,
schools, and playgrounds; 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 this Ordinance
of text existing in Section 110 -171. It is intended that the text in Section 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. 36 -2003
Page 1 of 3
C , 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
The distance shall be measured as the shortest linear
distance between the property line of the establishment which provides or
proposes to provide for the sale and consumption of alcoholic beverages and the
property line of the church, schoolgrounds or playground.
(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 (Chs. 561
through 568, Fla. Stat.). Provided, however, exceptions to this subsection 110 -
171(a)(2) are:
* **
City of Cape Canaveral
Ordinance No. 36 -2003
Page 2 of 3
c
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.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21 day of
October, 2003.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog Motion
Jim Morgan X
Buzz Petsos Second
SUS STILLS, City Clerk Rocky Randels X
Richard Treverton X
First Reading: 10/07/2003
Legal Ad published: 10/11/2003
Second Reading: 10/21/2003
Approved as to legal form and sufficiency for
the C ' f ape Canaveral only
"Oh
AN ' ONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 36 -2003
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c