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Home My WebLink AboutVII(G) Discusion/ Action Re: Location Requirements For Alcoholic Beverages Agenda 11-03-98 Item VII G "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT O� Ocoee ' COMMISSIONERS CITY OF OCOEE DANNY HOWELL �I ••�� LAKESHORE DRIVE SCOTT ANDERSON . r a 150 N. SCOTT A.GLASS 4+i 2258 NANCY J.PARKER (407)656-2322 CITY MANAGER E.P ELLIS SHAPIRO Op G00v STAFF REPORT DATE: October 28, 1998 TO: The Honorable Mayor and City Commissioners FROM: Abra E. Home, AICP, Senior Planner ,pal' w THROUGH: Russell B. Wagner, AICP, Director of Planning SUBJECT: The Location Requirements for Alcoholic Beverage Sales ISSUE: Should the Honorable Mayor and City Commissioners direct Staff to schedule public hearings regarding the attached draft Ordinance? BACKGROUND: Section 38-5 of the Ocoee Code of Ordinances requires that any business that sells alcoholic beverages must open directly on the street and be located at least 1,000 feet from an established school or church. This Ordinance has presented some problems in the past. For example, if a church was established within a shopping center, then the leasing agent could not lease another space within the center to a business that sold alcoholic beverages after the church was opened. Another example relates to schools. One applicant who has submitted a Planned Unit Development was approached by the Orange County School Board for an elementary school site,but they are hesitant to sell to the School Board because this Ordinance could prevent them from selling nearby commercial parcels to Walgreens or to a restaurant that wanted to sell alcoholic beverages. DISCUSSION: After carefully considering the issues, Staff drafted an Ordinance that would facilitate and encourage the location of schools and churches only within Planned Unit Developments and Special Overlay Areas (e.g.: Activity Centers, Interchange Impact Areas, and the Downtown Redevelopment Area). The Ordinance has been drafted so that the City Commission could decide, totally at their discretion, whether or not to exempt an individual project from the location requirements set forth in Section 38-5. There will be no automatic or Staff level exemptions from the requirement that alcoholic beverage sales be located at least 1,000 feet from churches and schools. In order to qualify for such an exemption, a project would have to be reviewed by the City Commission at a public hearing and the City Commission would have to take a vote to exempt a project from the requirements of Section 38-5. aL Staff Report to the Honorable Mayor and City Commissioners October 28, 1998 Page 2 STAFF RECOMMENDATION: • The Honorable Mayor and City Commission may direct Staff to schedule a public hearing, revise the draft Ordinance, take it to an advisory board for additional review, or take no further action regarding the draft Ordinance. Attachments: Section 38-5,Ocoee Code of Ordinances draft Ordinance \\Ch129-1\C\ALL DATA\CAPDFILE\Staff Reports\CC SR\SR98052.Doc § 38-5 ALCOHOLIC BEVERAGES § 38-6 § 38-5. Locational requirements. Any place of business in which alcoholic beverages or intoxicating beverages are sold or furnished at retail to the public by the glass or drink within the city shall open directly and immediately upon the street, and no such place of business shall be less than one thousand (1,000) feet from an established church or school, which distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of said place of business to the main entrance of the church and, in the case of a school, to the nearest point of the school grounds In use as part of the school facilities.2 § 38-6. Hours. [Amended 12-20-1988 by Ord. No. 88-69; 7-5-1989 by Ord. No. 89-153] A. Hours of sale and consumption on premises. No alcoholic beverages shall be sold, consumed or served or permitted to be served or consumed in any place holding a license from the Florida Department of Business Regulation, which license permits the consumption of alcoholic beverages on the premises, between the hours of 2:00 a.m. and 11:00 a.m. each and every day of the week. B. Hours of sale and consumption off premises. No alcoholic beverages shall be sold, in any place holding a license from the Florida Department of Business Regulation, which license permits the package sale of alcoholic beverages for consumption off the premises, between the hours of 2:00 a.m. and 8:00 a.m. C. Additional requirements. (1) Within the meaning of this section, a sale shall be regarded as being made if the alcoholic beverage is delivered to any person during prohibited hours regardless of whether payment therefor is made at some time. If any such licensed vendor is a corporation, 2 Editor's Note: Original Sec.3-3,Sale,etc.,to minors,which immediately followed this section,was deleted at time of adoption of Code;see Ch. 1,General Provisions,Art. I. 3 Editor's Note: This ordinance also provided as follows: 'This ordinance shall be deemed to be cumulative and in addition to any other act,law or ordinance regulating hours of sale of alcoholic beverages.This ordinance supersedes and repeals any existing hours of sale of alcoholic beverages ordinance.This ordinance shall be liberally construed in order to effectively carry out the purposes of this ordinance in protecting the interests of the health, safety and welfare of the citizens of the City of Ocoee,Florida. 3803 .'UL-14-Htf 14 =41 1ROM=FOLEY AND LARDNER 1D:648+1743 PAGE 2/5 • ORDINANCE NO. 98- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO LOCATIONAL REQUIREMENTS REGARDING THE SALE OF ALCOHOLIC BEVERAGES IN PROXIMITY TO SCHOOLS AND CHURCHES WITHIN PLANNED UNIT DEVELOPMENTS AND SPECIAL OVERLAY AREAS; CREATING SECTION 38-5.1 OF ARTICLE II OF CHAPTER 38 OF THE OCOEE CITY CODE WHICH PROVIDES A PROCEDURE FOR OBTAINING AN EXEMPTION FROM LOCATIONAL REQUIREMENTS OF SECTION 38-5 OF THE OCOEE CITY CODE IN ORDER TO ESTABLISH LIMITED CONDITIONS UNDER WHICH BUSINESSES SELLING ALCOHOLIC BEVERAGES MAY OBTAIN AN EXEMPTION IN ORDER TO ALLOW THEIR LOCATION WITHIN 1,000 .MET OR LESS FROM AN ESTABLISHED CHURCH OR SCHOOL; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 38-5 of the Ocoee City Code prohibits the location of businesses selling alcoholic beverages or intoxicating beverages within 1,000 feet or less from an established church or school; and. WHEREAS, the City Commission of the City of Ocoee desires to encourage the location of schools and churches in areas of the City that are in close proximity to and conveniently accessible to the residents of the City; and WHEREAS, the City Commission recognizes that Section 38-5 of the City Code imposes a restriction on the location of schools and churches within Planned Unit Developments and Special Overlay Areas which include businesses selling alcoholic beverages; and WHEREAS,the City Commission desires to facilitate and encourage the location of schools and churches within Planned Unit Developments and Special Overlay Areas by PAGE 3/5 JUL-14-96 14:41 FROM.FOLEY AND LARDNER' ID.646+1743 establishing a procedure whereby an exemption from the provisions of Section 38-5 of the City Code may be obtained. NOW, THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,.AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. A new Section 38-5.1 of Article II of Chapter 38 of the Code • of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: SECTION 38-5.1 Exemptions to Locational Reuniremtents. In order to facilitate and encourage the Iocation of schools and churches within Planned Unit Developments and Special Overlay Areas, the City Commission may, following an advertised public hearing, exempt land located within a Planned Unit Development zoning district and/or a Special Overlay Area from the provisions of Section 38-5 of the City Code upon a finding that the granting of such exemption will facilitate and encourage the location of schools and churches within the Planned Unit Development and/or • • Special Overlay Area. In granting any such exemption the City Commission may impose such conditions of approval as it deems necessary to protect school children and church members from - unwarranted exposure to alcoholic and intoxicating beverages. • 2 JUL-14-96 14:42 FROM.FOLEY AND LARDNER' ID.646+1743 PAGE 4/5 SECTION 3. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be • authorized by the City Manager, without 'need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 4. Severability..If any section,subsection,sentence,clause,phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall.be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. • SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 3 PAGE 5/5 JUL-14-Se 1442 FROM:FOLEY AND LARDNER ID646+1743 PASSED AND ADOYI JJ I) this day of , 1998. • APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk � S. Scott Vandergrift, Mayor (SEAL) • . ADVERTISED , 1998 • READ FIRST TIME ,1998 READ SECOND TIME AND ADOPTED • , 1998 UNDER AGENDA TYEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA - APPROVED AS TO FORM AND LEGALITY this day of , 1998. FOLEY & LARDNER • By: City Attorney • A:lordinance.Pttd 17/14/981 sac disk#11 saca:fec 4