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s � � <br />TO: The Honorable Members DATE: December 20, 1984 FILE: <br />of the Board of <br />County Commissioners <br />AMENDMENT TO CHAPTER <br />SUBJECT: 2, "ALCOHOLIC <br />BEVERAGES", OF INDIAN <br />RIVER COUNTY'S CODE OF <br />LAWS & ORDINANCES <br />FROM:Robert M. Keating, AICD' REFERENCES: <br />Planning & Development Director <br />It is requested that the following information be given <br />formal consideration by the Board of County Commissioners at <br />their regular meeting on January 2, 1985. <br />DESCRIPTION & CONDITIONS <br />Staff has been requested to evaluate Chapter 2, "Alcoholic <br />Beverages", of Indian River County's Code of Laws & Ordi- <br />nances. This request was made because of problems with the <br />implementation of certain sections of the ordinance. While <br />the entire ordinance was considered in staff's review, it <br />has been recommended that two sections be changed. <br />The recommended changes were considered at a workshop <br />meeting on August 22, 1984. At that time, the Board of <br />County Commission members who participated in the workshop <br />recommended that the proposed revisions be considered at a <br />public hearing. <br />These recommended changes were also considered at the <br />Planning and Zoning Commission meeting on September 27, <br />1984. At that time, the Planning and Zoning Commission <br />recommended that the Board of County Commissioners adopt the <br />ordinance amendments. <br />ALTERNATIVES & ANALYSIS <br />The two sections of Chapter 2 for which changes have been <br />recommended are Section 2-2, "Zones for sale established", <br />and Section 2-3, "Distances of vendors from church or <br />school." <br />Section 2-2 establishes two areas in the County where <br />alcohol sales (excluding beer sales) are prohibited. While <br />Indian River County does have the right to prohibit alcohol <br />sales, this prohibition must be uniform. If alcohol sales <br />are prohibited, this must be done throughout the entire <br />County, after being approved by a majority of voters in an <br />election. Therefore, staff has recommended that Section 2-2 <br />be deleted from Chapter 2. <br />The existing Section 2-3 of Chapter 2 establishes required <br />separation distances between alcohol sales establishments <br />and schools and churches. Because of the restrictive nature <br />of this separation distance, there have been problems with <br />implementing it. The ordinance currently requires that <br />there be 2500' between alcohol sales establishments (exclud- <br />ing those places where beer is sold for off -premises con- <br />sumption), and churches and schools. <br />W <br />BOOK 9 FtgGE:329 <br />