11-1348 Amendment to Part II, Sec. 10-7 providing exemption to alcohol sale restrictions near schools, churches, etc.

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WHEREAS, the City of Casselberry adopted Ordinance 23 on September 1, 1947 to provide distance separations between establishments selling beverages with more than 1% of alcohol by weight and churches and schools; and WHEREAS, the City of Casselberry adopted Ordinance 04 -1150 on March 14, 2005 to provide an exemption from distance separation requirements for restaurants holding an SRX alcoholic beverage license; and WHEREAS, a restaurant must have at least 2,500 square feet of service area and be equipped to serve 150 persons full course meals at tables at one time, and derive at least 51 percent of gross revenue from the sale of food and nonalcoholic beverages to quality for an SRX license within the State of Florida; and WHEREAS, many restaurants within the City do not have sufficient service area or seating to qualify for an SRX license; and WHEREAS, the City desires to distinguish between restaurants with a majority of food sales from establishments that receive a majority of their income from the sale of alcoholic beverages; and WHEREAS, the City Commission of the City of Casselberry finds that the sale of beer and wine by restaurants that derive at least 51 percent of gross revenue from the sale of food and nonalcoholic beverages is not detrimental to the health, safety and welfare of the citizens of Casselberry; and WHEREAS, words with double underlined type shall constitute additions to the original text and s through shall constitute deletions to the original text. NOW, THEREFORE, BE IT ENACTED by the City Commission of the City of Casselberry, Florida: SECTION 1. That Section 10 -7, Sale near churches, educational institutions, and other businesses, Article XVI, Signs, Chapter III, Performance Criteria, Part III, Unified Land Development Regulations, of the Code of Ordinances of the City of Casselberry, Florida shall be amended as follows: (1) Exceptions. a. A business holding an SRX alcoholic beverage license is exempt from meeting distance separations.