3341 ORDINANCE NO. 3341
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING TEE CITY CODE CHAPTER 3, ALCOHOLIC
BEVEP. AGES, SEC. 3-1, DEFINITIONS, TO ADD
DEFINITIONS FOR uRESTAURANT", "FULL SERVICE
KITCHEN", AND "TEMPOHARY CHURCE"~ AND AMENDING
SEC. 3-5, DISTANCE RESTRICTIONS, TO REDUCE
DISTANCE RESTRICTIONS BETWEEN VENDORS OF
ALCOHOLIC BEVERAGES AND CHURCHES AND SCHOOLS~
~ TO ADD A DISTANCE RESTRICTION BETWEEN
VENDORS OF ALCOHOLIC BEVERAGES; TO ESTABLISH
REPORTING REQUIREMENTS FOR RESTAUP3~NTS~
APPLICABILITY PROVISION~ PROVIDING FOR
SEVERABILiTY, CONFLICTS, ~ EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford deems it
necessary to amend the City Code regarding Alcoholic Beverages to
change the distance restrictions between churches and/or schools
and vendors of alcoholic beverages, and to apply the distance
restrictions to all vendors selling beer, wine, and/or liquor for
consumption on the premises except for "restaurants", and except
for vendors in the SC-3 zone who have been issued a conditional use
permit as defined herein;
WH~RRAS, the City Commission recognizes that the SC-3, Special
Commercial Zoning District, which is designated as a Central
Business District in the Future Land Use Plan of the City of
Sanford, is distinct in nature from the GC-2, General Commercial
District, which is designated as General Commercial Development in
the Future Land Use Plan, because of the higher intensity of the
nonresidential development in the GC-2 zone, and the mixed use
character of the SC-3 area;
WHEREAS, the City Commission deems it necessary to amend the
City Code regarding Alcoholic Beverages to establish a distance
separation between all vendors of alcoholic beverages for
consumption on the premises, except that vendors located in the
3, Special Commercial Zoning District will be exempt from this
requirement if a conditional use permit is issued; and except that
vendors who provide the required documentation of meeting the
definition of "restaurant" as defined herein shall be exempt from
this distance separation; and
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SAlqFORD, FLORIDA:
SECTION 1: That the Sanford City Code, Chapter 3, Alcoholic
Beverage Code, Sec. 3-1, Definitions, be and the same is hereby
amended as follows:
Sec. 3-1. Definitions.
The definitions contained in the beverage law of the
state (section 561.01 et seq., Florida Statutes) shall
apply to the terms used in this chapter, as shall the
definitions set forth in this Ordinance. The meaning and
intent of the words and terms used in the beverage law of
the state as the same have been interpreted by the courts
of this state, the Attorney General, and the State
Director of the Division of Alcoholic Beverages and
Tobacco of the Department of Business Regulation, shall
be the same for the city. The terms "restaurant", "full
service kitchen", and "temporary church" are defined as
follows:
(a) Restaurant. The term "restaurant", as used in this
chapter, shall mean an establishment whose principal
business is the sale of foods and nonalcoholic beverages,
prepared on premises in a full service kitchen, to the
customer, in a ready-to-consume state, and whose
principal method of operation includes service cafeteria-
style or by a restaurant employee at a table or counter
at which the items are consumed. Any restaurant which
serves any type of alcoholic beverage that is permitted
to open and operate due to the exception to distance
requirements afforded to restaurants herein shall certify
to the city at such time as the city shall request that
it meets the criteria for a restaurant hereunder. Such
certification shall be either (1) a certificate of a
certified public accountant not an employee of the
restaurant that the business meets the requirements for
an SRX license from the state, as set forth in the
Department of Business and Professional Regulation's
rules, except for the requirements regarding floor space
and square footage; or (2) satisfactory proof of
maintaining at all times during its operation a State of
Florida Alcoholic Beverage License which requires the
restaurant to obtain a certain percentage of its gross
revenue from the sale of food and nonalcoholic beverages.
(b) Full service kitchen. The term "full service kitchen" as
used in this chapter, shall mean a room or area
containing a stove and oven with fire suppression system
and refrigeration and freezer space sized appropriately
to the number of seating spaces available to the public
in the restaurant.
(c) Temporary church. The term "temporary church", as used
in this chapter, shall mean a church that is located in
a building typically utilized for other purposes, where
the building is owned by an entity other than the church
and leased or rented to the church.
SECTION 2: That the Sanford City Code, Chapter 3, Alcoholic
Beverage Code, Sec. 3-5, Distance restrictions, be and the same is
hereby amended as follows:
--2--
Ordinance No. 3341
Sec. 3-5. Distance restrictions.
(a) Between bottle clubs. No certificate Of registration for
a bottle club shall be issued to any applicant to operate
a business at a location within one thousand (1,000) feet
of any location for which a certificate of registration
for a bottle club has already been issued and is in
force.
(b) Between all vendors of beer, beer/wine, and
beer/wine/liquor for consumption on the premises. No
certificate Of registration for the sale Of beer,
beer/wine, or beer/wine/liquor for consumption on the
premises shall be issued to any applicant to operate a
business at a location within 500 feet of any established
vendor of beer, beer/wine, and beer/wine/liquor for
consumption on the premises, which distance shall be
measured by following the shortest route of ordinary
pedestrian travel along a public right-of-way from the
proposed main entrance of the applicant to the main
entrance of any established vendor.
The provisions of this section shall not apply to: (1)
vendors meeting the definition of "restaurant" as defined
herein; or (2) vendors located in St-3 zoned property, if
both the Planning and Zoning Commission and the City
Commission grant approval of the specific location under
the conditional use procedures.
(c) Churches. No certificate of registration for the sale of
beer, beer/wine, or beer/wine/liquor for consumption on
the premises or for a bottle club shall be issued to any
applicant to operate a business at a location within 1250
feet of any established (as opposed to temporary) church,
which distance shall be measured by following the
shortest route of ordinary pedestrian travel along a
public right-of-way from the proposed main entrance of
the applicant to the main entrance of any established
church.
The provisions of this section shall not apply to: (1)
vendors meeting the definition of "restaurant" as defined
herein; or (2) vendors located in SC-3 zoned property, if
both the Planning and Zoning Commission and the City
Commission grant approval of the specific location under
the conditional use procedures.
(d) Schools. No certificate of registration for the sale of
beer, beer/wine, or beer/wine/liquor for consumption on
the premises or for a bottle club shall be issued to any
applicant to operate a business at a location within 1250
feet of a public or private school, duly accredited and
offering any of the grades from kindergarten through the
twelfth grade, which distance shall be measured by
following the shortest route of ordinary pedestrian
travel along a public right-of-way from the proposed main
entrance of the applicant to the nearest point of the
school grounds normally and regularly used in connection
with the school program.
The provisions of this section shall not apply to: (1)
vendors meeting the definition of "restaurant" as defined
herein; or (2) vendors located in SC-3 zoned property, if
both the Planning and Zoning Commission and the City
Cormmission grant approval of the specific location under
the conditional use procedures.
--3--
Ordinance No. 3341
SECTION 3: RESTAURANT REPORTING REOUIREMENTS. All vendors
applying for any alcoholic beverage registration for consumption on
the premises shall certify to the City whether the vendor will or
will not seek to be classified as a "restaurant", as defined
herein. If the vendor certifies that the vendor will operate as a
"restaurant", within six (6) months from the date the vendor opens
for business the vendor shall submit the proof required under
Section 3-1(a) that the vendor qualifies as a "restaurant".
SECTION 4: APPLICABILITY. The distance restrictions as
herein provided do not apply to existing vendors.
For purposes of the ordinance only, all vendors currently
selling beer, wine and/or liquor for consumption on the premises
are not considered "restaurants" as defined herein. If a vendor
desires to be classified as a "restaurant" under this ordinance,
that vendor must file a written request with the City Clerk, and
must comply promptly with the reporting requirements of Section 3-
l(a} of this ordinance.
SECTION 5: SEVERABILITY. If any section or portion of a
section of this ordinance proves to be invalid, unlawful or
unconstitutional, it shall not be held to impair the validity,
force or effect of any other section or part of this ordinance.
SECTION 6: CONFLICTS. That all ordinances or parts of
ordinances in conflict herewith be and the same are hereby revoked.
SECTION 7: EFFECTIVE DATE. That this ordinance shall become
effective immediately upon its passage and adoption.
--4--
Ordinance No. 3341
PASSED AND ADOPTED this L a~~~., 1997.
MKeOR
ATTEST: "
Commission of the
City of Sanford, Florida
CERTIFICATE
I, Janct R. orty y Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
foregoing Ordinance No. 3341, PASSED AND ADOPTED by the City
Commission of the City of Sanford, Florida, on the 9 day of
hf~eeC 1997, was posted at the front door of the City Hall
in ity ~f Sanford~ 'Florida, on the /0~ day of ~ ,
1997.
As
of Sanford, Florida
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Ordinance No. 3341