CC Minutes 03/14/2005 - Laserfiche WebLink

Home Browse Search

CASSELBERRY CITY COMMISSION Minutes of March 14, 200S . Regular Meeting Page 4 of 19 VIII. OLD BUSINESS A. PUBLIC HEARING & SECOND READING OF ORDINANCE 04-1150 - REVISIONS TO THE CITY CODE. CHAPTER 10. ALCOHOLIC BEVERAGES AND DISTANCE SEPARATIONS FOR ALCOHOLIC BEVERAGE SALES The City Clerk read Ordinance 04-1150 by title as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING SELECTED SECTIONS OF THE CITY CODE OF ORDINANCES, INCLUDING PART II, SEC. 10-7, SALE NEAR CHURCHES AND SCHOOLS, TO CREATE DISTANCE SEPARATIONS BETWEEN BARS, LOUNGES, AND BOTTLE CLUBS; ESTABLISH AN EXEMPTION FOR SRX LICENSE HOLDERS AND RETAIL SALES FOR NOT- FOR-ON-SITE CONSUMPTION SALES OF ALCOHOLIC BEVERAGES; AND PART III, UNIFIED LAND DEVELOPMENT REQUIREMENTS, SECTION 5-21.2 DEFINITIONS, TO AMEND THE DEFINITIONS OF "BAR ORLOUNGES," "CHURCH OR OTHER PLACE OF WORSHIP," AND "EDUCATIONAL INSTITUTION", ADDING ANEWDEFINITIONFORAN"EDUCATIONALF ACILITY" AND "SRX ALCOHOLIC BEVERAGE LICENSE"; PROVIDING FOR SEVERABILITY, CODIFICATION, CONFLICTS, AND EFFECTIVE DATE." Legal Advertising: The notice of public hearing relative to Ordinance 04-1150 was published in the Orlando Sentinel on March 3, 2005. Staff Presentation: Mr. Wells stated Ordinance 04-1150 provides for distance separations for businesses selling alcoholic beverages and also provides an exemption for retail sales of package beverages for off-site consumption and restaurants with an SRX alcoholic beverage license from the distance separation requirements. The distance separation is increased from 750 feet to 1,000 feet for those establishments that must meetthe separation requirements, and an additional requirement for 1,000 feet separation between bars, lounges, bottle clubs and like uses. Ordinance 04-1150 was passed on fIrst reading on February 14,2005. The City Attorney suggested the following whereas clause be added to the ordinance to strengthen the intent: "Whereas, the City Commission finds that allowing establishments selling alcoholic beverages, which are not restaurants, to locate less than 1,000 feet from each other would be injurious to the contiguous or surrounding area, conducive to the spread of blight, and contrary to the public interest; and" Staff recommended approval of Ordinance 04-1150 as amended. Public Hearing: Two (2) audience comment request forms were received for Ordinance 04-1150. The following individuals came forward: I) John Casselberry, 700 South Lost Lake Lane, inquired if Ordinance 04-1150 would affect adult entertainment establishments. Mr. Wells stated any establishment classif¡ed as a bar, which can include adult entertainment establishments would be affected by Ordinance 04- 1150.