Ordinance 039-1986
Monroe County Commission
ORDINANCE NO. 039-1986
AN ORDINANCE DECLARING THAT AN EMERGENCY
EXISTS; WAIVING NOTICE BY A FOUR-FIFTHS VOTE;
AMENDING SECTION 19-218, ALCOHOLIC BEVERAGES,
MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR
PROCEDURES AND NOTICE THEREFOR; PROVIDING FOR
PLANNING COMMISSION REVIEW OF THOSE APPLICA-
TIONS; PROVIDING FOR LAND USE DISTRICTS AND
TYPES OF USES WHERE THE SALE OF ALCOHOLIC
BEVERAGES MAY BE APPROPRIATE; REPEALING THE
REQUIREMENT FOR BEER AND WINE DISTRIBUTOR
PERMITTING; PROVIDING FOR REVIEW; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE MONROE COUNTY CODE OF ORDINANCES; PROVID-
ING FOR THE REPEAL OF ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE: AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the financial well being of many businesses, large
and small, depends on the ability to sell alcoholic beverages
which in turn depends upon the ability to obtain permits
therefor; and
WHEREAS, the public health, safety and welfare depends on
being able to balance business' needs to sell alcoholic beverages
and the interests of the surrounding property owners; and
WHEREAS, the recently adopted Monroe County development
regulations have supplanted some of the procedures and zoning
districts described in the current version of Section 19-218,
Monroe County Code, thereby creating confusion in the alcoholic
beverage approval process; and
WHEREAS, it is desired, in the interests of the public
health, safety and welfare to put in place, as soon as possible,
business regulations controlling, without confusion, the issuance
of alcoholic beverage permits; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Pursuant to F.S. 125.66, an emergency is hereby
declared and notice waived by a four-fifth's vote.
Section 2. Section 218 of the Monroe County Code is hereby
amended to read as follows:
"Sec. 19-218. Alcoholic beverages.
(a) Purpose and Intent: This section is designed
and intended to provide for reasonable regulation and
control over the sale of alcoholic beverages within the
unincorporated areas of Monroe County by establishing
an alcoholic beverage use permit procedure and provid-
ing criteria to be utilized to assure 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 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 privi-
leges heretofore granted under said section.
(b) Permits: After the effective date of this
ordinance, all persons, firms, partnerships or corpo-
rations desiring to sell alcoholic beverages upon any
premises located within the unincorporated areas of
Monroe 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 utilizing
the procedure outlined in subsection (d) below.
(c) Classifications: Corresponding to those
alcoholic beverage license classifications as hereto-
fore and hereafter adopted by the State of Florida,
alcoholic beverage use permits hereafter issued pursu-
ant to this ordinance shall be classified as follows:
(1) lAPS: Beer, package only;
(2) lCOP: Beer, on-premises and package;
(3) 2APS: Beer and wine, package only;
(4) 2COP: Beer and wine, on-premises and
package;
2
-"""--....
(5) 6COP: Beer, wine and liquor, on-premises and
package;
6COP SRX: Restaurant, no package sales;
6COP SR: Restaurant, package sale;
6COP S: Motel, package sales;
6COP SBX: Bowling, no package sales;
6COP SPX: Boat, no package sales.
3BPS: Beer, wine and liquor, package sales
only;
(12) 3M: Additional license for 6COP, over three
(3) bars;
(13) 12RT: Racetrack, liquor, no package sales;
(d) Procedure: The following procedure shall be
followed on any application for an alcoholic beverage
use permit hereafter made:
(1) Application for alcoholic beverage use
permits shall be submitted to the Director of
Planning in writing on forms provided by the
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 alcoholic beverage
use permit stating the exact classification
requested along with the necessary fee, the
Director of Planning shall schedule a public
hearing before the Planning Commission and
shall advise the applicant of the date and
place of said public hearing.
(3) Notice of the application and of the public
hearing thereon shall be mailed by the
Director of Planning to all owners of real
property situated within a radius of five
(6)
(7)
(8)
(9)
(10)
(11 )
3
hundred (500) feet of the affected premises,
and notice by publication thereof in a
newspaper of general circulation shall be
made in the manner prescribed in Section
5-105 of the Land Development Regulations.
(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 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 five
hundred (500) feet of the premises.
(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 will be sound-
proofed. In the event music and entertain-
ment is permitted, the premises shall be air
conditioned.
(3) Access, traffic generation, road capacities,
and parking requirements.
(4) Demands upon utilities, community facilities
and public services.
(5) Compliance with the county's restrictions or
requirements and any valid regulations.
(f) [Approval by Planning Commission:] The
Planing Commission may grant approval based on
4
reasonable conditions considering the criteria outlined
herein.
(g) [Where Permitted:]
Alcoholic beverage use
permits may be granted in the following land use
districts:
urban commercial; suburban commercial;
suburban residential where the site abuts U. S.
1.
,
destination resort; mixed use; industrial and maritime
industries.
Notwi thstanding 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 Monroe County Development
Regulations.
(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 which has been granted an
alcoholic beverage use permit shall automatically vest
the purchaser thereof with all rights and obligations
originally granted to 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 permits shall have the right to
appeal such action pursuant to the procedure described
in 5-309(E) of the Land Development Regulations."
Section 3. If any section, subsection, sentence, clause or
provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4.
The provisions of this Ordinance shall be
included and incorporated into the Code of Ordinances to Monroe
County, Florida, as an addition or amendment thereto, and shall
be appropriately renumbered to conform to the uniform numbering
system of the Code.
5
Section 5.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
any such conflict.
Section 6. This Ordinance shall take effect when a copy is
delivered to the postal authorities of the Government of the
United States for special delivery by registered mail to the
Secretary of State of the State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 7th day of November, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~Y~~n
( Seal)
AttestPANNY L. KOLHAGE, Clerk
~f~j)L
er '
ADOPTED: I/~ I/'- K'"
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FORWARDED TO SECRETARY OF STATE:
EFFECTIVE DATE: //-I!- 8'?
II-I.! B"
APPROVED AS TO FORM
AN~. I L/~AL SUFF~C1ENCY~ /J
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BY A"OTnets Office fe'
6
iBannp I. J101bagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
600 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294.4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (306) 852-9253
November 14, 1986
REGISTERED MAIL
RETURN RECIEPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Emergency
Ordinance No. 039-1986 regarding alcoholic beverage permits.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a regular meeting in formal
session on November 7, 1986.
Please file for record.
Very truly yours,
Court
Clerk
cc: Municipal Code Corp.
County Attorney
County Administrator
~~~n;~: ~~ann~:g /&, ;ning
Director
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1 4110 SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4.
Kitly0Ur address in the"RETURN TO"space on the reverse side. Failure to do this will prevent this
card from being returned to you.The return receipt fee will provide you the name of the person
delivsrettO anoktbe date of delivery.For additional fees the following services are available.Consult
' . postMaster for fets end check box(es) for additional service(s) requested.
1.,iir-:1 Show to whom delivered,date,and addressee's address. 2. 0 Restricted Delivery.
-
3.Article Addressed to: 4.Article 1\19mr -
.
Mrs. Liz Cloud, Chief . R 308 R10co5
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Bureau of Admin Code & Laws Type 81,Service:
Dept of State aCRegistered El Insured
Ce
The Capitol E Exprtifiedress Mai/ 0 COD
Tallahassee, FL 32301
Always obtain signature of addressee or
agent and DATE DELIVERED.
,
Iignature—Addressee 8.Addresse ',A rep NLY if
reques On fee- aid.,8.8ignAurdiAgent c--5. NO11 'q'rj,
7.Ett‘of Delhi NOV ...„,_,.•
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1 PS Form 3811,Feb.1986 D01402brolitTURN RECEIPT
— '
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FLORIDA DEPARTMENT OF STATE
George Rrestone
Secretary of State
November 18, 1986
Honorable Danny L. Ko1hage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr, Kolhage:
Pursuant to the provlslons of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of 1etterls of
and certified copy/ies of
County Ordinance(s) 86-38 and Emergency Ord. 86-39
November 14, 1986
Monroe
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed ~ft~~/these ordinances in this office
on November 17, .1986.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
G~l:.~ ()
(~.\qiZ Cloud, Bdef
Bureau of Administrative Code
LCI mb
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