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Home My WebLink AboutO-2005-027 Proximity of Beverage establishmentORDINANCE NO. 2005-027 0 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE 4, "DISTRICT REGULATIONS", AMENDING SECTION 4.201, "PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES, SCHOOLS"; TO CLARIFY THAT THE SALE OF LIQUOR FOR CONSUMPTION BOTH ON PREMISES AND OFF PREMISES SHALL BE PROHIBITED IF THE ESTABLISHMENT IS LOCATED WITHIN 1000 FEET OF A CHURCH OR SCHOOL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY'THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FWirly-awly.-T Section 1. That Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach, Florida is amending Article 4, "District Regulations", Section 4.201, "Proximity of Beverage Establishments to Churches, Schools" to read as follows: 0 ARTICLE 4. DISTRICT REGULATIONS 4.201. Proximity of beverage establishments to churches, schools. 0 0 (2) REGULATION. Article 4 of City of Dania Beach, Florida, Ordinance Number 100, passed and adopted on July 13, 1976, entitled "District Regulations" be and the same is hereby amended by amending the Schedule of Use Regulation in the C-1 (Commercial Offices District), the C-2 (Commercial District), C-3, C-4, IG, IRO, IROC and IROM districts by adding the following language as a condition and restriction to the permitted uses in the above -referenced districts: The sale by any person of any intoxicating beverages or alcoholic beverages such as liquor, wine or beer for consumption on or off the premises under the permitted uses of this district shall be prohibited by any per-s at any location within one thousand (1,000) feet of any established school or church, measured by the shortest straight line from building to building, except that in case of a school, to the nearest point of the school grounds used as part of the school's facilities. Whenever a permit or license has been lawfully procured, and thereafter, a school, church or church building is to be established within a distance otherwise prohibited by law, the establishment of such school, church or church building shall not be cause for revocation of the permit or occupational license or prevent the its subsequent renewal of same. The above referenced separation requirement shall not apply to restaurants and cafes (including outdoor or open-air cafes specifically approved by the city commission) serving only beer and wine which are located in the Downtown Dania Beach Redevelopment District. Additionally, the above referenced separation requirement shall also apply to the following uses: theatre, playhouse, lodge hall, private club, amusement arcade or meeting hall with or without fixed seats. 0 0 Section 2. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on August 23, 2005. PASSED AND ADOPTED on second reading on September 13, 2005. ATTEST.-. LOUISE STILSON CITY CLERK a�'� I - ANNE CASTRO MAYOR —COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA — YES VICE -MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS �T T'RM AND CORRECTNESS: BY: 6 r\ THdM A"\§ J. X!�SBRO CITY ATTORNEY 2 ORDINANCE #2005-027 0 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO.- 1. DATE OF COMMISSION MEETING: SEPTEMBER 13,2005 2. DESCRIPTION OF AGENDA ITEM: ALCOHOLIC BEVERAGE ESTABLISHMENT TEXT AMENDMENT-2 ND READING 3. COMMISSION ACTION BEING REQUESTED: ORDINANCE 2 ND READING Z 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): STAFF MEMORANDUM ORDINANCE PUBLIC HEARING NOTICE 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF Submitted by: Laurence G. Leeds, AICP, Director Community Development Department City Manager Date August 31, 2005 Date 0 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 13, 2005 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director SUBJECT: City Code Text Change (SECOND READING): An ordinance amending alcoholic beverage establishment distance separation requirements APPLICANT: Community Development The current city code currently prohibits on -premises consumption of liquor, wine or beer within one thousand (1,000) feet of any established school or church. However, there is no such prohibition against off - premises consumption. The proposed amendment would prohibit beer/wine or package liquor sales within 1,000 feet of a church or school. The ordinance would only apply prospectively and would not affect existing, legally established businesses. CITY COMMISSION PREVIOUS ACTION On August 23, 2005 the City Commission approved the text amendment on first reading. 1 IIA:Ifte Approval. 2211 - Policies NOTICE Of PUBLIC HEARING DEFORE THE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF ORDINANCE NO. 2005-027 NOTICE IS GIVEN that on September 13, 2005, at 7:00 p.m. or as soort thereafter as the matter may bo heard, the City Commission of the City of Dania Beach. Florida. will in the Commission Chaim- ber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida. to consid- er the proposed adoption of the following ordinanc. es* AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER 28, ZONING. OF THE CITY CODE OF ORDI- NANCES BY AMENDING ARTICLE 4. DISTRICT REG. ULATIONS, AMENDING SECTION 4 201, PROXIMI- TY OF BEWRAGE ESTAB- LISHMENTS' TO CHURCH - FOR CONSUMPTION 80TH ON PREMISES AND OFF PREMISES SMALL BE PRO- HIBITED IF THE ESTAB- LISHMENT IS LOCATED WITHIN 1000 FEET OF A CHURCH OR SCHOOL; PROVIDING FOR CON FLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING- FOR AN EF- FECTIVE DATE. Copies of the proposed ofdinance is on file in the �OtfiCe Of the City Clerk, .City Hall, 100 West Dania Beach Boulevard, Dania Reach, Fioricla. and may F�a ' nspected bythe public Jifing normal business hours. lInterested parties may appear at the aforesaid 1Meeting and be heard with respect to the pro- i posed. Any person who :decides to appeal any de- cision made with respect to any matter considered at this hearing will need a record of the proceedings .and for such purpose may need to ensure that a ver- batim record of the pro- coedings is made, which record includes the testi- mony and evidence upon which the appeal Is to be hased. accordance with thel �in American with Disabilitiesi Act, persons needing as-! isistance to participate in lany of the proceedings shoul�, City,i o.galcl 1the Clerk tic , 00 West Dania Beach Boulevard,1 Dania Beach, Florida! 33004, (954) 924-3622 at least 48 hours prior to the ineeting. 1.0tj Ann Cunoingham la n n Ig A�,,�,)ciate eptember 2, 2005