Item J1 J.1
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
December 7, 2022
Agenda Item Number: J.1
Agenda Item Summary #11367
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
N/A
AGENDA ITEM WORDING: Approval of a Request to Advertise an Ordinance Amending
Monroe County Code Chapter 3 ("Alcoholic Beverages") to Create a Definition Section, Amend
Reference(s) to License Classification Types, and Address Potential Outdoor On-Premise
Consumption.
ITEM BACKGROUND:
Monroe County ("Board of County Commissioners", "BOCC", or the "County") has existing
regulations relating to alcoholic beverages, licenses, and permits, which include(s) references to
different classifications as established by the State of Florida ("State"). Over time, the classification
types established by the State through the Florida Division of Alcoholic Beverages and Tobacco
("DABT") have changed, resulting in certain inconsistencies.
The proposed amendment(s) address(es) several issues including but not limited to the following
three. First, the Monroe County Planning and Environmental Resources Department's
("Department") professional staff are relocating existing definitions currently located throughout
Chapter 3 ("Alcoholic Beverages") to reside in a single specific location and defining alcoholic
beverage sales. Second, the proposed amendment(s) remove the reference(s) to specific
classification types and reference the DABT's Licenses and Permits for Alcoholic Beverages for
classification types. Lastly, the professional staff s proposed amendment(s) address common
situations in which the Department and/or the Monroe County Planning Commission places
conditions on alcoholic beverage use permits issued to applicants proposing outdoor on-premises
consumption, with or without music and entertainment.
PROFESSIONAL STAFF'S DRAFT CODE OF ORDINANCES TEXT AMENDMENTS
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Additions are in underlined; deletions are in st+i e f>„-etig>,. Text that has been moved is shown
as deletions double underlined and deletions in .
Chapter 3
ALCOHOLIC BEVERAGES'
Sec. 3-1 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this chapter, except where the context clearly indicates a different meaning_
yeltifne-as det2fmified in u6C-6r-da-nee, ,44 F.S. chi n4n),
arty c-crr deter-mined-riraccvrcmrr —iircnticrrrre-crrcvrror.
def n 'a i F.S. P 561.0444(a4 z „tb. a .,leeb.elie bever-aee. liattid or et er irrereTdien.
Alcoholic bevergge means distilled spirits and all beverages containing one-half of 1 percent or
more alcohol by volume as determined in accordance with F.S. § 561.01(4)(a). The percentage of
alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in
the beverage and comparing it with the volume of the remainder of the ingredients as though said
remainder ingredients were distilled water in accordance with F.S. § 561.01(4)(b).
Alcoholic beverwze sales means the retail sale of beer, wine, or other alcoholic beverages for on-
or off-premise consumption.
Beverage law means the provisions of F.S. Chs. 561569.
Commercial establishment barking lot means any-private or public open space appurtenant to a
commercial establishment, that is used by the public for parking of vehicles, or pedestrian access
to a commercial establishment_ including driveways_ parking areas_ sidewalks and walkways
appurtenant thereto.
Public or semipublic area open for vehicular or pedestrian travel means any private or public
road, street, highway, right-of-way, lane, alley, parking lot, or parking area on which the public
is expressly or implicitly invited to travel by motor vehicle or pedestrian means or that is
otherwise open for such travel. It does not include golf courses, private driveways, or property
serving a single dwelling unit.
Shopping center means a contiguous group of individual units, in any combination, devoted to
restaurant uses_ commercial retail low i*t r ikt , .,l retail meth:„ rt ..... ,
eemmer-eial retail hig ;„ ea4t.. uses, and office uses, as those phrases are defined in section
101-1_with immediate off-street parking facilities_ and originally planned and developed as a
single project. The shopping center's single project status shall not be affected by the nature of
State law reference(s)—Alcoholic beverages, F.S. Chs. 561-568; authority of board of county
commissioners to establish and enforce regulations for the sale of alcoholic beverages in the
unincorporated areas of the county pursuant to general law, F.S. § 125.01(1)(o).
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the ownership of any of the individual office or commercial retail units. within the shopping
center.
Vendor means any person or entity who owns or operates a business establishment whether as a
primary or accessory use, including, but not limited to, a bar, restaurant, tavern, pub. yacht or
country club_ hotel, motel or other lodging establishment that sells at retail any alcoholic
beverage for on-premises consumption. The term also includes any person or entity that owns
and operates a liquor store_ or other business establishment_ including_ but not limited to grocery
stores, drugstores, convenience stores and gas stations, that and/or has retail sale of alcoholic
beverages.
Sec. 3-2. Special beverage licenses.
All special beverage licenses issued prior to October 25, 1977, under the provisions of Laws
of Fla. ch. 61-597 in this county shall be henceforth recognized as valid and shall be renewable
as a matter of right so long as the holder of the license does not permit it to lapse.
Sec. 3-43. Hours of sale.
(a) Within the unincorporated limits of the county, no alcoholic beverages may be sold,
consumed, served, or permitted to be served or consumed in any place holding a license
under the Division of Alcoholic Beverages and Tobacco of the Department of Business and
Professional Regulation of the State of Florida between the hours of 4:00 a.m. and 7:00 a.m.
of the same day.
(b) Any person violating this section shall be guilty of a misdemeanor of the second degree,
punishable as provided in F.S. § 775.082 or F.S. § 775.083. In addition, any person or
establishment violating this section shall have revoked any previous rights granted to it by
the county under section 3-6.
State law reference(s) Regulation of the time for sale of alcoholic beverages, F.S. § 562.14.
Sec. 3-34. Authority to approve per event sale of alcoholic beverages.
The county administrator may approve the per event sale of alcoholic beverages for
consumption on county-owned property if the following terms and conditions are met:
(1) The sale of the alcoholic beverages is by, or on behalf of, a nonprofit charitable
organization with the profits from alcoholic beverage sales going to that organization's
charitable purposes; or
(2) The sale and consumption of alcoholic beverages is part of a social event, such as a
wedding or birthday party, the duration of which may not exceed four hours; and
(3) Depending on the size of the expected crowd, the event sponsor must agree to furnish a
sufficient number of off-duty law enforcement personnel for crowd and traffic control,
the number to be determined by the county administrator, and to provide evidence
satisfactory to the county administrator that the law enforcement personnel have in fact
been hired; and
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(4) The sponsor of the event has furnished to the county's risk manager evidence that the
sponsor has obtained event liability insurance, naming the county as an additional co-
insured, in an amount satisfactory to the risk manager.
Sec. 3-45. Consumption of alcoholic beverages; possession of open containers of alcoholic
beverages.
(a) Defin4hqns. The fellewi*g words, terms a-Rd phrases, whe*tised iff�his seetieff, shall hw�,e
Walkways RPP#Ff@14a*f
(ba) Prohibition. It is unlawful for any person to possess or drink from an open container of an
alcoholic beverage while upon a public or semipublic area open for vehicular or pedestrian
travel, or a commercial establishment parking lot; except in those areas in which such
consumption is permitted pursuant to the beverage law, other state statutes, state
administrative rule, or county ordinance or resolution.
(sb) Specific exceptions. The prohibition contained in subsection (ha) of this section does not
apply to:
(1) Any person engaged in picking up empty beverage containers for the purpose of
collecting the deposit or value of the bottle or can itself, or any person taking part in a
litter control campaign;
(2) Passengers in vehicles as set forth in F.S. § 316.1936(5);
(3) Any person engaged in fishing from a bridge, at a location where fishing is not
prohibited by law; and
(4) Social and fundraising events conducted by charitable and/or nonprofit organizations
approved by the county administrator.
(dc) Other exceptions. Nothing in subsection (ba) of this section may be construed to prevent the
possession of an open container by a member of the public upon county property when that
possession is specifically authorized by an applicable provision of this Code.
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Sec. 3-56. Requirement for warning signs at point of sale of alcoholic beverages.
(a) Definitioni. The fellewing words, ter-fns a*d phrases, when tised in t4is seetion, shall hai,e
tit
(ba) Warning sign.
(1) All vendors of alcoholic beverages shall have posted in a conspicuous place in their
premises a sign that is clearly visible and legible to all patrons entering the premises
that shall read as follows:
HEALTH WARNING
Drinking distilled spirits, beer(including non-alcoholic), coolers, wine and other alcoholic
beverages during pregnancy may increase the risk of permanent birth defects.
(2) Alternatively, a sign provided by the Florida Keys Healthy Start Coalition may be
used.
(3) The sign in subsection (b)(1) of this section shall be a minimum size of 81/z inches by
11 inches.
(eb) Applicability. This section shall be applicable countywide. Notwithstanding this provision,
all incorporated municipalities within the county may by resolution or ordinance of their
governing body exempt vendors of alcoholic beverages within their municipal limits from
the provisions of this section.
Sec. 3-67. Regulation and control over sale.
(a) Establishment of use permit procedure. This section is designed and intended to provide for
reasonable regulation and control over the sale of alcoholic beverages within the
unincorporated areas of the county by establishing an alcoholic beverage use permit
procedure and providing criteria to be used to ensure that all future proliferation of alcoholic
beverage use enterprises within the unincorporated areas of the county be compatible with
adjoining and surrounding land uses and the county's comprehensive plan, and that
alcoholic beverage use permits not be granted where such uses will have an adverse impact
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upon the health, safety and welfare of the citizens and residents of the county. All persons,
firms,partnerships or corporations who have received approval from the zoning board or
board of county commissioners under the former provisions of section 19-218 of the
Monroe County Code, as same heretofore existed, shall retain all rights and privileges
heretofore granted under such section.
(b) New applicants for permit. All persons desiring to sell alcoholic beverages upon any
premises located within the unincorporated areas of the county and who desire to do so
upon a premises not heretofore approved by the zoning board or board of county
commissioners under the former section 19-218, shall obtain an alcoholic beverage use
permit using the procedure outlined in subsection (d) of this section.
(c) Classifications. -aAlcoholic beverage license classifications fas
herefefere ard hereafter are adopted by the sState of Florida_ tise
The Florida
Division of Alcoholic Beverages and Tobacco Licenses and Permits for Alcoholic
Beverages, available through the Florida Department of Business and Professional
Regulation, identifies and establishes alcoholic beverage license classifications. Alcoholic
beverage use permits issued by the County under this section shall be for a specific
classification consistent with those identified by the State.
;
;
,
(4) 2 R Beer- a*d wi x .ses a*d p ekage;
(5) 6`RBee� :ter en pr-emises ,*,a p ekug�
(ti�)6GOP SRX: Res aekage sales;
(7) 6GOP SR: Rest-atir-ant, paekage-sale;
4�)6GOP S Metel, paekage-sales;
sales;
sales;
;
(13) 12RT-: Raeet+aek ier ne paekage-saw
(d) Procedure. The following procedure shall be followed on any application for an alcoholic
beverage use permit hereafter made:
(1) Applications for alcoholic beverage use permits shall be submitted to the director of
planning or his or her designeeplanning in writing on forms provided by the planningin writing on forms provided by the planning director.
Such applications must be signed by the owner of the real property for which the
permit is requested. Lessees of the premises may apply for such permits,provided that
proper authorization from the owner of the premises is given and the application for
permit is cosigned by such owner.
(2) Upon receipt of a properly completed and executed application for an alcoholic
beverage use permit stating the exact classification requested along with the necessary
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fee and identifying the specific premises to be licensed, the director of planning or his
or her designee shall schedule a public hearing before the planning commission and
shall advise the applicant of the date and place of the public hearing.
(3) Notice of the application and of the public hearing thereon shall be mailed by the
director of planning or his or her designee to all owners of real property within a radius
of 500 feet of the affected premises. In the case of a shopping center, the 500 feet shall
be measured from the perimeter of the entire shopping center itself rather than from the
individual unit for which approval is sought.
wtail , Notice shall also be provided in a
newspaper of general circulation in the manner prescribed in section 110-5.
(4) At the hearing before the planning commission, all persons wishing to speak for or
against the application shall be heard. Recommendations or other input from the
director of planning or his or her designee may also be heard prior to any decision by
the planning commission.
(e) Criteria. The planning commission shall give due consideration to the following factors as
they may apply to the particular application prior to rendering its decision to grant or deny
the requested permit:
(1) The effect of such use upon surrounding properties and the immediate neighborhood as
represented by property owners within 500 feet of the premises. For the purposes of
determining property owners within 500 feet for this subsection, the term "premises"
means the entire project site of a shopping center;
(2) The suitability of the premises in regard to its location, site characteristics and intended
purpose. Lighting on the permitted premises shall be shuttered and shielded from
surrounding properties, and construction of such permitted properties shall be
soundproofed. In the event music and entertainment are permitted, the premises shall
be air conditioned, so as to allow windows and doors to remain closed to better shield
light and sound from surrounding properties; if the alcoholic beverage use permit is
proposed to allow on-premise consumption in outdoor areas, with our without music
and entertainment, the proximity to existing residential uses shall be considered and
conditions may be applied accordingly;
(3) Access, traffic generation, road capacities, and parking requirements;
(4) Demands upon utilities, community facilities and public services; and
(5) Compliance with the county's restrictions or requirements and any valid regulations.
(f) Approval by planning commission. The planning commission may grant approval based on
reasonable conditions considering the criteria outlined herein. Approval of an alcoholic
beverage special use permit shall not in any way exempt a property from any other
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requirement of the Monroe County Code of Ordinances, including but not limited to
Chapter 17, Article IV. -Noise.
(g) Where permitted. Alcoholic beverage use permits may be granted in the following land use
districts: urban commercial; suburban commercial; Commercial 1, Commercial 2; suburban
residential where the site abuts U.S. 1; destination resort; mixed use; industrial,and
maritime industries. Notwithstanding the foregoing, alcoholic beverage sales may be
permitted at restaurants, hotels, marinas and campgrounds regardless of the land use district
in which they are located. Nothing contained herein shall exempt an applicant from
obtaining a major or minor conditional use approval when such is otherwise required by the
county development regulations in part II of this Code. Nothing contained herein shall
exempt an applicant from complying with any conditions set forth within prior conditional
use or building permits) on the subject propeM.
(h) Transferability. Alcoholic beverage use permits issued by virtue of this section shall be
deemed to be a privilege running with the land. The sale of the real property that has been
granted an alcoholic beverage use permit shall automatically vest the purchaser thereof with
all rights and obligations originally granted or imposed to or on the applicant. Such
privilege may not be separated from the fee simple interest in the realty.
(i) Appeals. All persons aggrieved by the actions of the planning commission in granting or
denying requested alcoholic beverage permits may request an appeal hearing before a
hearing officer under Land Development Code chapter 102, article VI, division 2 by filing
the notice required by that article within 30 days after the date of the written decision of the
planning commission.
(j) Successive applications. Whenever any application for alcoholic beverage approval is
denied for failure to meet the substantive requirements of these regulations, an application
for alcoholic beverage approval for all or a portion of the same property shall not be
considered for a period of two years unless a super-majority of the planning commission
decides that the original decision was based on a material mistake of fact or that there exists
changed conditions and new facts, not existing at the time of the original decision, that
would justify entertaining a new application before the expiration of the two year period.
However, in the case of a shopping center, as def4ned in 4 seetio (d`«` oft4i:
this subsection shall only apply to the commercial retail unit within the shopping center for
which approval was sought and not the entire shopping center site itself.
ANALYSIS OF PROPOSED AMENDMENT
Definitions, Sec 3-1
The definitions are proposed to be reorganized so that all definitions are listed in the first section
rather than being scattered throughout the chapter. Definitions for licensed premises and licensee
are added, based on the state's corresponding definition. The definition for alcohol beverage sales is
added based on the corresponding definition in the planner dictionary. The definition of alcohol
vendor is simplified.
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Regulation and Control Over Sale, Sec 3-6
Staff proposes to change the classifications section to reference rather than list the state licenses so
that the county's code of ordinances will no longer need to be updated as the state's license
categories get updated.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC last updated Code of Ordinances Chapter 3 in 2007. BOCC Ordinance No. 006-2007
required warning signs at the point of sale.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to advertise.
DOCUMENTATION:
Staff s Draft Ordinance
Staff s Draft Ordinance.doc
FINANCIAL IMPACT:
Effective Date: n/a
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: No If yes, amount: n/a
Grant: n/a
County Match: n/a
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Emily Schemper Completed 11/20/2022 11:32 AM
Peter Morris Completed 11/21/2022 12:37 PM
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Purchasing Completed 11/21/2022 12:44 PM
Budget and Finance Completed 11/21/2022 12:51 PM
Brian Bradley Completed 11/21/2022 1:42 PM
Lindsey Ballard Completed 11/21/2022 2:45 PM
Board of County Commissioners Pending 12/07/2022 9:00 AM
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PROFESSIONAL STAFF'S DRAFT CODE OF ORDINANCES TEXT AMENDMENTS
Additions are in underlined; deletions are in sue. Text that has been moved is shown
as deletions double underlined and deletions in
Chapter 3
ALCOHOLIC BEVERAGES'
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Sec. 3-1 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this chapter, except where the context clearly indicates a different meaning_ a
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Alcoholic heverwze means distilled spirits and all beverages containing one-half of 1 percent or
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more alcohol by volume as determined in accordance with F.S. § 561.01(4)(a). The percentage of
alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in
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the beverage and comparing it with the volume of the remainder of the ingredients as thou_hg said CU
remainder ingredients were distilled water in accordance with F.S. § 561.01(4)(b).
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Alcoholic beverage sales means the retail sale of beer, wine, or other alcoholic beverages for on- CU
or off-premise consumption. U)
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Beverage law means the provisions of F.S. Chs. 561569.
Commercial establishment barking lot means any private or public open space appurtenant to a E
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commercial establishment, that is used by the public for parking of vehicles, or pedestrian access U
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State law reference(s)—Alcoholic beverages, F.S. Chs. 561-568; authority of board of county
commissioners to establish and enforce regulations for the sale of alcoholic beverages in the
unincorporated areas of the county pursuant to general law, F.S. § 125.01(1)(o).
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to a commercial establishment, including driveways, parking areas, sidewalks and walkways
appurtenant thereto.
Public or semipublic area open for vehicular or pedestrian travel means any private or public
road_ street_ highway_ right-of-way_ lane_ alley_ parking lot_ or parking area on which the public
is expressly or implicitly invited to travel by motor vehicle or pedestrian means or that is
otherwise open for such travel. It does not include golf courses, private driveways, or property
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serving a single dwelling unit.
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Shobbing center means a contiguous group of individual units_ in any combination_ devoted to `22
restaurant uses, commercial retail low into city tises. e al retail ,nediti •r*-.--4 0
eemmer-eial retail hig ftie 4ty uses, and office uses, as those phrases are defined in section
101-1, with immediate off-street parking facilities, and originally planned and developed as a
single project. The shopping center's single project status shall not be affected by the nature of U
the ownership of any of the individual office or commercial retail units; within the shopping
center. u
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Vendor means any person or entity who owns or operates a business establishment whether as a
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primary or accessory use, including_ but not limited to, a bar_ restaurant_ tavern_ pub_ yacht orCU
country club_ hotel_ motel or other lodging establishment that sells at retail any alcoholic
beverage for on-premises consumption. The term also includes any person or entity that owns
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and operates a liquor store_ or other business establishment_ including_ but not limited to grocery
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stores, drugstores, convenience stores and gas stations, that and/or has retail sale of alcoholic >
beverages.
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Sec. 3-2. Special beverage licenses.
All special beverage licenses issued prjor to October 25, 1977, under the provisions of Laws
of Fla. ch. 61-597 in this county shall be henceforth recognized as valid and shall be renewable a�
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as a matter of right so long as the holder of the license does not permit it to lapse.
Sec. 3-43. Hours of sale. 0
(a) Within the unincorporated limits of the county, no alcoholic beverages may be sold, CU
consumed, served, or permitted to be served or consumed in any place holding a license
under the Division of Alcoholic Beverages and Tobacco of the Department of Business and CU
Professional Regulation of the State of Florida between the hours of 4:00 a.m. and 7:00 a.m.
of the same day.
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(b) Any person violating this section shall be guilty of a misdemeanor of the second degree,
punishable as provided in F.S. § 775.082 or F.S. § 775.083. In addition, any person or
establishment violating this section shall have revoked any previous rights granted to it by
the county under section 3-6.
State law reference(s) Regulation of the time for sale of alcoholic beverages, F.S. § 562.14.
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Sec. 3-34. Authority to approve per event sale of alcoholic beverages.
The county administrator may approve the per event sale of alcoholic beverages for
consumption on county-owned property if the following terms and conditions are met:
(1) The sale of the alcoholic beverages is by, or on behalf of, a nonprofit charitable
organization with the profits from alcoholic beverage sales going to that organization's
charitable purposes; or
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(2) The sale and consumption of alcoholic beverages is part of a social event, such as a c�
wedding or birthday party, the duration of which may not exceed four hours; and 0
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(3) Depending on the size of the expected crowd, the event sponsor must agree to furnish a
sufficient number of off-duty law enforcement personnel for crowd and traffic control,
the number to be determined by the county administrator, and to provide evidence U
satisfactory to the county administrator that the law enforcement personnel have in fact
been hired; and
(4) The sponsor of the event has furnished to the county's risk manager evidence that the a
sponsor has obtained event liability insurance, naming the county as an additional co-
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insured, in an amount satisfactory to the risk manager.
Sec. 3-45. Consumption of alcoholic beverages; possession of open containers of alcoholic
beverages.
(a) Defin4hqns. The fellewi*g words, terms a-Rd phrases, whe*tised i*�his seetie*, shall hw�,e
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diff t o
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(4a) Prohibition. It is unlawful for any person to possess or drink from an open container of an
alcoholic beverage while upon a public or semipublic area open for vehicular or pedestrian
Packet Pg. 1285
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travel, or a commercial establishment parking lot; except in those areas in which such
consumption is permitted pursuant to the beverage law, other state statutes, state
administrative rule, or county ordinance or resolution.
(sb) Specific exceptions. The prohibition contained in subsection (ha) of this section does not
apply to:
(1) Any person engaged in picking up empty beverage containers for the purpose of
collecting the deposit or value of the bottle or can itself, or any person taking part in a
litter control campaign; 2
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(2) Passengers in vehicles as set forth in F.S. § 316.1936(5); 0
(3) Any person engaged in fishing from a bridge, at a location where fishing is not <
prohibited by law; and
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(4) Social and fundraising events conducted by charitable and/or nonprofit organizations
approved by the county administrator.
( c) Other exceptions. Nothing in subsection (ba) of this section may be construed to prevent the CU
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possession of an open container by a member of the public upon county property when that
possession is specifically authorized by an applicable provision of this Code.
Sec. 3-56. Requirement for warning signs at point of sale of alcoholic beverages. 0
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(a) Definitioni. The fellewing words, ter-fns a*d phrases, when tised in t4is seetion, shall hai,e
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(ba) Warning sign.
(1) All vendors of alcoholic beverages shall have posted in a conspicuous place in their
premises a sign that is clearly visible and legible to all patrons entering the premises
that shall read as follows:
HEALTH WARNING
Packet Pg. 1286
J.1.a
Drinking distilled spirits, beer(including non-alcoholic), coolers, wine and other alcoholic
beverages during pregnancy may increase the risk of permanent birth defects.
(2) Alternatively, a sign provided by the Florida Keys Healthy Start Coalition may be
used.
(3) The sign in subsection (b)(1) of this section shall be a minimum size of 81/z inches by
11 inches.
2
(sb) Applicability. This section shall be applicable countywide. Notwithstanding this provision, 0
all incorporated municipalities within the county may by resolution or ordinance of their 0
governing body exempt vendors of alcoholic beverages within their municipal limits from <
the provisions of this section.
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Sec. 3-67. Regulation and control over sale.
(a) Establishment of use permit procedure. This section is designed and intended to provide for
reasonable regulation and control over the sale of alcoholic beverages within the
unincorporated areas of the county by establishing an alcoholic beverage use permit
procedure and providing criteria to be used to ensure that all future proliferation of alcoholic
beverage use enterprises within the unincorporated areas of the county be compatible with
adjoining and surrounding land uses and the county's comprehensive plan, and that >
alcoholic beverage use permits not be granted where such uses will have an adverse impact
upon the health, safety and welfare of the citizens and residents of the county. All persons
firms,partnerships or corporations who have received approval from the zoning board or a
board of county commissioners under the former provisions of section 19-218 of the
Monroe County Code, as same heretofore existed, shall retain all rights and privileges
heretofore granted under such section.
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(b) New applicants for permit. All persons desiring to sell alcoholic beverages upon any
premises located within the unincorporated areas of the county and who desire to do so
upon a premises not heretofore approved by the zoning board or board of county
commissioners under the former section 19-218, shall obtain an alcoholic beverage use CU
permit using the procedure outlined in subsection (d) of this section.
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(c) Classifications. aAlcoholic beverage license classifications fas E
herefefere ard hereafter are adopted by the sState of Florida_ 0
The Florida
Division of Alcoholic Beverages and Tobacco Licenses and Permits for Alcoholic
Beverages, available through the Florida Department of Business and Professional
Regulation, identifies and establishes alcoholic beverage license classifications. Alcoholic
beverage _use permits issued by the County under this section shall be for a specific
permits issued by the County under this section shall be for a specific
classification consistent with those identified by the State.
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(d) Procedure. The following procedure shall be followed on any application for an alcoholic
beverage use permit hereafter made:
(1) Applications for alcoholic beverage use permits shall be submitted to the director of
planning or his or her designee in writing on forms provided by the planning_director.
Such applications must be signed by the owner of the real property for which the
permit is requested. Lessees of the premises may apply for such permits,provided that `2
proper authorization from the owner of the premises is given and the application for 0
permit is cosigned by such owner.
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(2) Upon receipt of a properly completed and executed application for an alcoholic �d
beverage use permit stating the exact classification requested along with the necessary
fee and identifying the specific premises to be licensed, the director of planning or his
or her designee shall schedule a public hearing before the planning commission and
shall advise the applicant of the date and place of the public hearing. a
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(3) Notice of the application and of the public hearing thereon shall be mailed by the CU
director of planning or his or her designee _to all owners of real property within a radius all owners of real property within a radius
of 500 feet of the affected premises. In the case of a shopping center, the 500 feet shall
be measured from the perimeter of the entire shopping center itself rather than from the
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individual unit for which approval is sought. ,>
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Notice shall also be provided in a
newspaper of general circulation in the manner prescribed in section 110-5. 0
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(4) At the hearing before the planning commission, all persons wishing to speak for or
against the application shall be heard. Recommendations or other input from the
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director of planning or his or her designee may also be heard prior to any decision byLO
the planning commission.
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(e) Criteria. The planning commission shall give due consideration to the following factors as
they may apply to the particular application prior to rendering its decision to grant or deny
the requested permit:
(1) The effect of such use upon surrounding properties and the immediate neighborhood as
represented by property owners within 500 feet of the premises. For the purposes of
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determining_property owners within 500 feet for this subsection, the term "premises"
means the entire project site of a shopping center;
(2) The suitability of the premises in regard to its location, site characteristics and intended
purpose. Lighting on the permitted premises shall be shuttered and shielded from
surrounding properties, and construction of such permitted properties shall be
soundproofed. In the event music and entertainment are permitted, the premises shall
be air conditioned, so as to allow windows and doors to remain closed to better shield
light and sound from surrounding properties; if the alcoholic beverage use permit is
proposed to allow on-premise consumption in outdoor areas, with our without music °0
and entertainment, the proximity to existing residential uses shall be considered and .2
conditions may be applied accordingly; 0
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(3) Access, traffic generation, road capacities, and parking requirements;
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(4) Demands upon utilities, community facilities and public services; and �d
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(5) Compliance with the county's restrictions or requirements and any valid regulations.
(f) Approval by planning commission. The planning commission may grant approval based on
reasonable conditions considering the criteria outlined herein. Approval of an alcoholic E
beverage special use permit shall not in any way exempt a property from any other
requirement of the Monroe County Code of Ordinances, including but not limited to
Chapter 17, Article IV. -Noise.
(g) Where permitted. Alcoholic beverage use permits may be granted in the following land use
districts: urban commercial; suburban commercial; Commercial 1, Commercial 2; suburban
residential where the site abuts U.S. 1; destination resort; mixed use; industrial,and
maritime industries. Notwithstanding the foregoing, alcoholic beverage sales may be
permitted at restaurants, hotels, marinas and campgrounds regardless of the land use district
in which they are located. Nothing contained herein shall exempt an applicant from
obtaining a major or minor conditional use approval when such is otherwise required by the
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county development regulations in part 11 of this Code. Nothing contained herein shall
exempt an applicant from complying with any conditions set forth within prior conditional
use or building�permit(s) on the subject property. 0
(h) Transferability. Alcoholic beverage use permits issued by virtue of this section shall be
deemed to be a privilege running with the land. The sale of the real property that has been U)
granted an alcoholic beverage use permit shall automatically vest the purchaser thereof with
all rights and obligations originally granted or imposed to or on the applicant. Such
privilege may not be separated from the fee simple interest in the realty.
(i) Appeals. All persons aggrieved by the actions of the planning commission in granting or
denying requested alcoholic beverage permits may request an appeal hearing before a
hearing officer under Land Development Code chapter 102, article VI, division 2 by filing
the notice required by that article within 30 days after the date of the written decision of the
planning commission.
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(j) Successive applications. Whenever any application for alcoholic beverage approval is
denied for failure to meet the substantive requirements of these regulations, an application
for alcoholic beverage approval for all or a portion of the same property shall not be
considered for a period of two years unless a super-majority of the planning commission
decides that the original decision was based on a material mistake of fact or that there exists
changed conditions and new facts, not existing at the time of the original decision, that
would justify entertaining a new application before the expiration of the two year period.
However, in the case of a shopping center,
this subsection shall only apply to the commercial retail unit within the shopping center for
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PROFESSIONAL STAFF'S DRAFT CODE OF ORDINANCES TEXT AMENDMENTS
Additions are in underlined; deletions are in sue. Text that has been moved is shown
as deletions double underlined and deletions in
Chapter 3
ALCOHOLIC BEVERAGES'
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Sec. 3-1 Definitions.
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The following words, terms and phrases, when used in this chapter, shall have the meanings CU
ascribed to them in this chapter, except where the context clearly indicates a different meaning_
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Alcoholic heverwze means distilled spirits and all beverages containing one-half of 1 percent or
more alcohol by volume as determined in accordance with F.S. § 561.01(4)(a). The percentage of
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alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in 'q
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the beverage and comparing it with the volume of the remainder of the ingredients as though said
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remainder ingredients were distilled water in accordance with F.S. § 561.01(4)(b).
Alcoholic beverage sales means the retail sale of beer, wine, or other alcoholic beverages for on-
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or off-premise consumption.
Beverage law means the provisions of F.S. Chs. 561569. CU
Commercial establishment barking lot means any private or public open space appurtenant to a
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commercial establishment, that is used by the public for parking of vehicles, or pedestrian access
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State law reference(s)—Alcoholic beverages, F.S. Chs. 561-568; authority of board of county
commissioners to establish and enforce regulations for the sale of alcoholic beverages in the
unincorporated areas of the county pursuant to general law, F.S. § 125.01(1)(o).
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to a commercial establishment, including driveways, parking areas, sidewalks and walkways
appurtenant thereto.
Public or semipublic area open for vehicular or pedestrian travel means any private or public
road_ street_ highway_ right-of-way_ lane_ alley_ parking lot_ or parking area on which the public
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is expressly or implicitly invited to travel by motor vehicle or pedestrian means or that is
otherwise open for such travel. It does not include golf courses, private driveways, or property
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serving a single dwelling unit.
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Shobbing center means a contiguous group of individual units_ in any combination_ devoted to a
restaurant uses, commercial retail low into siw tises. e al retail ,nedi,,,,
eemmer-eial retail hig :r ea4t , uses, and office uses, as those phrases are defined in section
101-1. with immediate off-streetparking facilities. and originally planned and developed as a U
single project. The shopping center's single project status shall not be affected by the nature of
the ownership of any of the individual office or commercial retail units_ within the shopping
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center.
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Vendor means any person or entity who owns or operates a business establishment whether as a
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primary or accessory use, including_ but not limited to, a bar_ restaurant_ tavern_ pub_ yacht or
country club_ hotel_ motel or other lodging establishment that sells at retail any alcoholic
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beverage for on-premises consumption. The term also includes any person or entity that owns
and operates a liquor store_ or other business establishment_ including_ but not limited to_ grocery
stores, drugstores, convenience stores and gas stations, that and/or has retail sale of alcoholic
beverages.
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Sec. 3-2. Special beverage licenses.
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All special beverage licenses issued prior to October 25, 1977, under the provisions of Laws
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of Fla. ch. 61-597 in this county shall be henceforth recognized as valid and shall be renewable a
as a matter of right so long as the holder of the license does not permit it to lapse.
Sec. 3-43. Hours of sale.
(a) Within the unincorporated limits of the county, no alcoholic beverages may be sold,
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consumed, served, or permitted to be served or consumed in any place holding a license
under the Division of Alcoholic Beverages and Tobacco of the Department of Business andCU
Professional Regulation of the State of Florida between the hours of 4:00 a.m. and 7:00 a.m.
of the same day.
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(b) Any person violating this section shall be guilty of a misdemeanor of the second degree,
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punishable as provided in F.S. § 775.082 or F.S. § 775.083. In addition, any person or
establishment violating this section shall have revoked any previous rights granted to it by
the county under section 3-6.
State law reference(s) Regulation of the time for sale of alcoholic beverages, F.S. § 562.14.
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Sec. 3-34. Authority to approve per event sale of alcoholic beverages.
The county administrator may approve the per event sale of alcoholic beverages for
consumption on county-owned property if the following terms and conditions are met:
(1) The sale of the alcoholic beverages is by, or on behalf of, a nonprofit charitable
organization with the profits from alcoholic beverage sales going to that organization's
charitable purposes; or
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(2) The sale and consumption of alcoholic beverages is part of a social event, such as a 0
wedding or birthday parry, the duration of which may not exceed four hours; and 0
(3) Depending on the size of the expected crowd, the event sponsor must agree to furnish a
sufficient number of off-duty law enforcement personnel for crowd and traffic control,
the number to be determined by the county administrator, and to provide evidence
satisfactory to the county administrator that the law enforcement personnel have in fact
been hired; and
(4) The sponsor of the event has furnished to the county's risk manager evidence that the
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sponsor has obtained event liability insurance, naming the county as an additional co-
insured, in an amount satisfactory to the risk manager.
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Sec. 3-45. Consumption of alcoholic beverages; possession of open containers of alcoholic
beverages.
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(a) Defin4hqns. The fellewi*g words, terms a-Rd phrases, whe*tised i*�his seetie*, shall hw�,e
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(4a) Prohibition. It is unlawful for any person to possess or drink from an open container of an
alcoholic beverage while upon a public or semipublic area open for vehicular or pedestrian
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travel, or a commercial establishment parking lot; except in those areas in which such
consumption is permitted pursuant to the beverage law, other state statutes, state
administrative rule, or county ordinance or resolution.
(eb) Specific exceptions. The prohibition contained in subsection (ba) of this section does not
apply to:
(1) Any person engaged in picking up empty beverage containers for the purpose of
collecting the deposit or value of the bottle or can itself, or any person taking part in a M
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litter control campaign; 0
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(2) Passengers in vehicles as set forth in F.S. § 316.1936(5);
(3) Any person engaged in fishing from a bridge, at a location where fishing is not
prohibited by law; and U
(4) Social and fundraising events conducted by charitable and/or nonprofit organizations
approved by the county administrator.
( c) Other exceptions. Nothing in subsection (ha) of this section may be construed to prevent the
possession of an open container by a member of the public upon county property when that
possession is specifically authorized by an applicable provision of this Code.
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Sec. 3-56. Requirement for warning signs at point of sale of alcoholic beverages.
(a) Definitioni. The fellewing words, ter-fns a*d phrases, when tised in t4is seetion, shall hai,e
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(ba) Warning sign.
(1) All vendors of alcoholic beverages shall have posted in a conspicuous place in their
premises a sign that is clearly visible and legible to all patrons entering the premises
that shall read as follows:
HEALTH WARNING
Packet Pg. 1295
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Drinking distilled spirits, beer(including non-alcoholic), coolers, wine and other alcoholic
beverages during pregnancy may increase the risk of permanent birth defects.
(2) Alternatively, a sign provided by the Florida Keys Healthy Start Coalition may be
used.
(3) The sign in subsection (b)(1) of this section shall be a minimum size of 81/z inches by
11 inches. 2
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(sb) Applicability. This section shall be applicable countywide. Notwithstanding this provision, 0
all incorporated municipalities within the county may by resolution or ordinance of their <
governing body exempt vendors of alcoholic beverages within their municipal limits from
the provisions of this section. U
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Sec. 3-67. Regulation and control over sale.
(a) Establishment of use permit procedure. This section is designed and intended to provide for
reasonable regulation and control over the sale of alcoholic beverages within the
unincorporated areas of the county by establishing an alcoholic beverage use permit
procedure and providing criteria to be used to ensure that all future proliferation of alcoholic
beverage use enterprises within the unincorporated areas of the county be compatible with
adjoining and surrounding land uses and the county's comprehensive plan, and that
alcoholic beverage use permits not be granted where such uses will have an adverse impact 2
upon the health, safety and welfare of the citizens and residents of the county. All persons, 0
firms,partnerships or corporations who have received approval from the zoning board or 0
board of county commissioners under the former provisions of section 19-218 of the
Monroe County Code, as same heretofore existed, shall retain all rights and privileges
heretofore granted under such section. U
(b) New applicants for permit. All persons desiring to sell alcoholic beverages upon any
premises located within the unincorporated areas of the county and who desire to do so
upon a premises not heretofore approved by the zoning board or board of county CU
commissioners under the former section 19-218, shall obtain an alcoholic beverage use
permit using the procedure outlined in subsection (d) of this section. CU
(c) Classifications. Alcoholic beverage license classifications fas
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herefefere ard hereafter are adopted by the sState of Florida_ 0
The Florida
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Division of Alcoholic Beverages and Tobacco Licenses and Permits for Alcoholic
Beverages, available through the Florida Department of Business and Professional 0
Regulation, identifies and establishes alcoholic beverage license classifications. Alcoholic U)
beverage _use permits issued by the County under this section shall be for a specific
permits issued by the County under this section shall be for a specific
classification consistent with those identified by the State.
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sales.
(d) Procedure. The following procedure shall be followed on any application for an alcoholic
beverage use permit hereafter made:
(1) Applications for alcoholic beverage use permits shall be submitted to the director of
planning or his or her designee in writing on forms provided by the planning_director.
Such applications must be signed by the owner of the real property for which the 2
permit is requested. Lessees of the premises may apply for such permits,provided that a
proper authorization from the owner of the premises is given and the application for
permit is cosigned by such owner. ;
(2) Upon receipt of a properly completed and executed application for an alcoholic U
beverage use permit stating the exact classification requested along with the necessary
fee and identifying the specific premises to be licensed, the director of planning or his
or her designee shall schedule a public hearing before the planning commission and CU
shall advise the applicant of the date and place of the public hearing.
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(3) Notice of the application and of the public hearing thereon shall be mailed by the
director of planning or his or her designee to all owners of real property within a radius
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of 500 feet of the affected premises. In the case of a shopping center, the 500 feet shall
be measured from the perimeter of the entire shopping center itself rather than from the
individual unit for which approval is sought.
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, . Notice shall also be provided in a CU
newspaper of general circulation in the manner prescribed in section 110-5.
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(4) At the hearing before the planning commission, all persons wishing to speak for or CU
against the application shall be heard. Recommendations or other input from the
director of planning or his or her designee may also be heard prior to any decision byCU
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the planning commission.
(e) Criteria. The planning commission shall give due consideration to the following factors as
they may apply to the particular application prior to rendering its decision to grant or deny
the requested permit:
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(1) The effect of such use upon surrounding properties and the immediate neighborhood as
represented by property owners within 500 feet of the premises. For the purposes of
Packet Pg. 1298
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determining_property owners within 500 feet for this subsection, the term "premises"
means the entire project site of a shopping center;
(2) The suitability of the premises in regard to its location, site characteristics and intended
purpose. Lighting on the permitted premises shall be shuttered and shielded from
surrounding properties, and construction of such permitted properties shall be
soundproofed. In the event music and entertainment are permitted, the premises shall
be air conditioned, so as to allow windows and doors to remain closed to better shield >
light and sound from surrounding properties; if the alcoholic beverage use permit is
proposed to allow on-premise consumption in outdoor areas, with our without music
and entertainment, the proximity to existing residential uses shall be considered and a
conditions may be applied accordingly;
(3) Access, traffic generation, road capacities, and parking requirements;
(4) Demands upon utilities, community facilities and public services; and U
(5) Compliance with the county's restrictions or requirements and any valid regulations.
(f) Approval by planning commission. The planning commission may grant approval based on
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reasonable conditions considering the criteria outlined herein. Approval of an alcoholic
beverage special use permit shall not in any way exempt a property from any other CU
requirement of the Monroe County Code of Ordinances, including but not limited to
Chapter 17, Article IV. -Noise. 0
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(g) Where permitted. Alcoholic beverage use permits may be granted in the following land use
districts: urban commercial; suburban commercial; Commercial 1, Commercial 2; suburban
residential where the site abuts U.S. 1; destination resort; mixed use; industrial,and 0
maritime industries. Notwithstanding the foregoing, alcoholic beverage sales may be U)
permitted at restaurants, hotels, marinas and campgrounds regardless of the land use district �-
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in which they are located. Nothing contained herein shall exempt an applicant from
obtaining a major or minor conditional use approval when such is otherwise required by the
county development regulations in part II of this Code. Nothing contained herein shall
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exempt an applicant from complying with any conditions set forth within prior conditional
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use or building�permit(s) on the subject propeM.
(h) Transferability. Alcoholic beverage use permits issued by virtue of this section shall be
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deemed to be a privilege running with the land. The sale of the real property that has been
granted an alcoholic beverage use permit shall automatically vest the purchaser thereof with
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all rights and obligations originally granted or imposed to or on the applicant. SuchLO
privilege may not be separated from the fee simple interest in the realty.
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(i) Appeals. All persons aggrieved by the actions of the planning commission in granting or
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denying requested alcoholic beverage permits may request an appeal hearing before a
hearing officer under Land Development Code chapter 102, article VI, division 2 by filing
the notice required by that article within 30 days after the date of the written decision of the
planning commission.
Packet Pg. 1299
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(j) Successive applications. Whenever any application for alcoholic beverage approval is
denied for failure to meet the substantive requirements of these regulations, an application
for alcoholic beverage approval for all or a portion of the same property shall not be
considered for a period of two years unless a super-majority of the planning commission
decides that the original decision was based on a material mistake of fact or that there exists
changed conditions and new facts, not existing at the time of the original decision, that
would justify entertaining a new application before the expiration of the two year period.
However, in the case of a shopping center, c,
this subsection shall only apply to the commercial retail unit within the shopping center for 0
which approval was sought and not the entire shopping center site itself. 0
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