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Home My Public Portal About21-06 reduce distance requirements for Alcohol SalesSponsored by: City Manager ORDINANCE NO. 2021-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER IV, ARTICLE 1, SECTION 4-8 OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES TO REDUCE CERTAIN DISTANCE REQUIREMENTS FOR ALCOHOL SALES AND CONSUMPTION WITHIN THE I-2 AND I-3 ZONING DISTRICTS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-Locka, Florida, ("City") desires to amend Article IV of the City of Opa-Locka's Code of Ordinances ("Code of Ordinances") entitled "Alcoholic Beverages" to address proximity of alcoholic/ intoxicating beverage sales and consumption to certain development and locales within the City including churches parks and schools within the City; and WHEREAS, the City's "Alcoholic Beverages" regulations currently do not allow for intoxicating beverages to be consumed either upon the premises or off the premises from a place of business located within one thousand (1,000) feet of a church, park or public school; and WHEREAS, the City Manager supports an amendment to the zoning regulation to allow for alcoholic beverages to be sold and consumed either upon the premises or off the premises from a place of business located within five hundred (500) feet of a church, park or public school within the I-2 and I-2 Zoning Districts; and WHEREAS, the City has determined the adoption of this Ordinance, and the amendment of alcoholic/ intoxicating beverage sales and consumption under the terms, conditions, and criteria set forth here, is necessary to protect the health, safety, and welfare of the citizens of the City. NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby approves the amendment of Chapter IV, Article 1, Section 4-8 of the Code of Ordinances to address distance Ordinance No. 2021-06 requirements for alcohol sales and consumption from Churches, Parks, and Schools to state as follows: Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE I. - IN GENERAL Sec. 4-8. - Proximity to churches, parks and schools. (a) Generally. Hereafter no intoxicating beverages to be consumed either upon the premises or off the premises shall be sold from a place of business located within one thousand (1,000) feet of a church, park or public school, except within the I-2 and I-3 zoning districts which shall be no less than five hundred (500) feet. Beer and wine to be consumed off the premises may be sold from a place of business located five hundred (500) feet or more from a church, park or public school. The method of measurement that shall be applied to determine whether or not a place of business is within or without the required distance from a church or public school, shall be by measurement from the main front entrance of said church or school to the main front entrance of said place of business, along the route of ordinary pedestrian traffic. (b) Hotels, restaurants. Hotels containing not less than fifty (50) guest rooms shall be exempt from the provisions of this section forbidding the sale of liquor to be consumed on the premises within one thousand (1,000) feet of a church or school, as aforesaid. Dining rooms and restaurants, meeting the requirements set forth in section 3-35 where the sale and service of liquor is strictly incidental to the serving of food, which dining rooms and restaurants do not exhibit any sign or display on the outside denoting that liquor is sold or obtainable therein, are likewise exempted from the provisions of this section forbidding the sale of liquor to be consumed upon the premises at a place of business within one thousand (1,000) feet of a church, parks or public school, it being intended hereby that such hotel and restaurant and dining room shall not be prohibited from the sale of liquor for consumption upon the premises by reason of their location within one thousand (1,000) feet of a church, parks or public school. This requirement shall be reduced to 500 feet within the I-2 and I-3 zoning districts. (c) Locations otherwise prohibited. Nothing in this section shall be interpreted to permit the sale of alcoholic beverages in or adjacent to districts where such sale is now prohibited by other ordinances of the city. (d) Grandfather clause. The limitation provisions of this section shall not apply to establishments lawfully in operation and dispensing alcoholic beverages during the year beginning October 1,1960, provided that such establishment remains in continuous operation. (e) Incidental sale of beer and wine for off -premises consumption. Businesses, such as grocery stores, and other commercial establishments, whose principal business is not the sale of alcoholic beverages, but includes as incidental thereto, the sale of beer and wine to be consumed off the premises, shall be exempt from the provisions of this section. It is intended Ordinance No. 2021-06 hereby that such a business shall not be prohibited from the sale of beer and wine for consumption off the premises by reason of its location or proximity to a church, parks or public school. (f) Restaurants selling beer and wine. Restaurants, as defined in section 13-47 of this Code, whose principal business is not the sale of alcoholic beverages, but includes as incidental thereto the sale of beer and wine to be consumed on the premises only, shall be exempted from the provisions of this section. Section 4. This Ordinance shall become effective upon passage, approval and publication or as otherwise provided by law. Section 5. Conflict & Repealer. All ordinances, parts of ordinances or code provisions in conflict herewith ordinance are hereby repealed. Section 6. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of the Code or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 7. Inclusion In Code. It is the intention of the City Commission of the City of Opa-Locka that the provisions of this Ordinance shall at some time in the future become and be made a part of the Code of Ordinances of the City of Opa-Locka and that the sections of this Ordinance may be renumbered or re -lettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. Section 8. Effective Date. This Ordinance shall take effect upon the adoption of this Ordinance by the Commission of the City of Opa-Locka is subject to the approval of the Governor or Governor's Designee. Ordinance No. 2021-06 PASSED FIRST READING this 24th day of March 2021. PASSED SECOND READING this 14th day of April 2021. Matthew A. Pigatt, Mayor ATTEST: Joanna Flores, City Clerk APPROVED AS TO FORM AND LEGAL SU i IENCY: ette N Attorney VOTE: -Weeks, Esq. Moved by: Commissioner Burke Seconded by: Commissioner Taylor 5-0 Commissioner Burke YES Commissioner Davis YES Commissioner Taylor YES Vice -Mayor Williams YES Mayor Pigatt YES CURTIS RO NW 1 NM,Tln 61 NW 135th ST NW 1.341% NW 151st ST NW nt 1,91 vw al \\ 1 t 1. i \gyp +> S f1/ � Nw,.>�a, 1 � a NW 14,167 1.10.10 ,ten., VOW al OPA LOCKA BL 1,11, uaa,xKIu, Legend Primary Land Use 500ft. Radius Offset Liquor Store -- ---�-� Liquor Store Club - Club Restaurant Restaurant Educational IJ City_Limits Park Religious