3/20/2019 12:08:54 PM
10/5/2015 9:53:22 AM
State Filed Date
Distances of Vendors
Chapter 2, Section 2-2 Amendment
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INDIAN RIVER COUNTY ORDINANCE NO. 85-2 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 2, "ALCO- <br />HOLIC BEVERAGES" OF THE COUNTY'S CODE OF LAWS AND ORDI- <br />NANCES; REPEALING SECTION 2-2 REGARDING ZONES FOR SALE; <br />PROVIDING FOR DISTANCES OF VENDORS FROM CHURCHES AND <br />SCHOOLS; RENUMBERING OF SECTION 2-4; CODIFICATION; <br />SEVERABILITY; REPEAL OF CONFLICTING PROVISIONS; AND <br />EFFECTIVE DATE. <br />Be it ordained by the Board of County Commissioners of <br />Indian River County, Florida, that: <br />SECTION 1 <br />Section 2-2, Zones for Sale Established; of the Code of <br />Laws and Ordinances is hereby repealed in its entirety; and <br />Section 2-3 is renumbered as Section 2-2 and amended and <br />reenacted in its entirety as follows: <br />Section 2-2, Distances of Vendors from Church or School. <br />A. The following separation distances shall be required <br />between alcohol sales establishments and any church or <br />school -in the County. <br />(1) Alcohol sales establishments where on -premises <br />consumption of alcohol is permitted shall not <br />locate within 1000 feet of an established church <br />or school. <br />(2) Alcohol sales establishments where on -premises <br />consumption is not permitted shall not locate <br />within 500 feet of an established church or <br />school. Alcohol vendors licensed under para- <br />graph (a) of subsection (1) of Chap. 563.02 of <br />the Florida Statutes are exempt from this <br />provision (vendors of alcoholic malt beverages <br />commonly known as beer for off -premises consump- <br />tion only). <br />B. This required separation distance shall be measured <br />by following the shortest route of ordinary pedes- <br />trian travel along the public thoroughfare from the <br />main entrance of such place of business to the main <br />entrance of the church and, in the case of a school, <br />to the nearest point of the school grounds in use as <br />part of the school facilities except: <br />(1) Where such established church or school is <br />within the limits of an incorporated city or <br />town and the applicant for such license is <br />outside such incorporated city or town and <br />outside any other incorporated city or town, <br />then and in that event, the place of business of <br />such vendor in the county may be the same or a <br />greater distance from such church or school as <br />is required by the ordinance of the incorporated <br />city or town wherein such church or school is <br />located. <br />(2) Should a church or school be established after <br />the establishment of a place of business of any <br />vendor for the sale of alcoholic beverages, the <br />subsequently established church or school shall <br />not affect the location of the place of business <br />of any such vendor nor shall it affect a <br />subsequent renewal or transfer of any license of <br />such a vendor. <br />
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