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<br />This instrument prepared by: <br />Richard W. Wells, AICP <br />Community Development Director <br />City ot Casselberry <br />95 Triplet Lake Drive <br />Casselberry, FL 32707 <br /> <br />ORDINANCE NO. 04-1150 <br /> <br />AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING <br />SELECTED SECTIONS OF THE CITY CODE OF ORDINANCES, INCLUDING <br />PART II, SEC.10-7, SALE NEAR CHURCHES AND SCHOOLS, TO CREATE <br />DISTANCE SEPARATIONS BETWEEN BARS, LOUNGES, AND BOTTLE <br />CLUBS; ESTABLISH AN EXEMPTION FOR SRX LICENSE HOLDERS AND <br />RETAIL SALES FOR NOT-FOR-ON-SITE CONSUMPTION SALES OF <br />ALCOHOLIC BEVERAGES; AND PART III, UNIFIED LAND DEVELOPMENT <br />REQUIREMENTS, SECTION 5-21.2 DEFINITIONS, TO AMEND THE <br />DEFINITIONS OF "BAR OR LOUNGES," "CHURCH OR OTHER PLACE OF <br />WORSHIP," AND "EDUCATIONAL INSTITUTION", ADDING A NEW DEFINITION <br />FOR AN "EDUCATIONAL FACILITY" AND "SRX ALCOHOLIC BEVERAGE <br />LICENSE"; PROVIDING FOR SEVERABILITY, CODIFICATION, CONFLICTS, <br />AND EFFECTIVE DATE. <br /> <br />WHEREAS, the City of Casselberry adopted Ordinance 23 on September 1, 1947 to <br />provide distance separations between establishments selling beverages with more than 1 % of <br />alcohol by weight and churches and schools; and, <br />WHEREAS, the Florida Clean Indoor Air Act was revised to allow smoking only in <br />establishments with gross receipts from sale of food consumed on premises that are less than 10%; <br />and <br /> <br />WHEREAS, many businesses selling alcoholic beverages are reducing their food sales <br />to accommodate the smoking public which may result in the proliferation of bars; and, <br />WHEREAS, the business environment for uses with on-site consumption of alcoholic <br />beverages differs from businesses with retail sales of alcoholic beverages for off-site consumption; <br />and <br /> <br />WHEREAS, the City desires to distinguish between restaurants with a majority of food <br />sales from establishments that receive a majority of their income from the sale of alcoholic <br />beverages; and <br />WHEREAS, "established churches" and "educational institutions" require clarification; <br /> <br />and <br /> <br />Ordinance No. 04-1150 <br />Page 1 of 4 <br />