HomeMy WebLinkAbout1985-02INDIAN RIVER COUNTY ORDINANCE NO. 85-2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 2, "ALCO-
HOLIC BEVERAGES" OF THE COUNTY'S CODE OF LAWS AND ORDI-
NANCES; REPEALING SECTION 2-2 REGARDING ZONES FOR SALE;
PROVIDING FOR DISTANCES OF VENDORS FROM CHURCHES AND
SCHOOLS; RENUMBERING OF SECTION 2-4; CODIFICATION;
SEVERABILITY; REPEAL OF CONFLICTING PROVISIONS; AND
EFFECTIVE DATE.
Be it ordained by the Board of County Commissioners of
Indian River County, Florida, that:
SECTION 1
Section 2-2, Zones for Sale Established; of the Code of
Laws and Ordinances is hereby repealed in its entirety; and
Section 2-3 is renumbered as Section 2-2 and amended and
reenacted in its entirety as follows:
Section 2-2, Distances of Vendors from Church or School.
A. The following separation distances shall be required
between alcohol sales establishments and any church or
school -in the County.
(1) Alcohol sales establishments where on -premises
consumption of alcohol is permitted shall not
locate within 1000 feet of an established church
or school.
(2) Alcohol sales establishments where on -premises
consumption is not permitted shall not locate
within 500 feet of an established church or
school. Alcohol vendors licensed under para-
graph (a) of subsection (1) of Chap. 563.02 of
the Florida Statutes are exempt from this
provision (vendors of alcoholic malt beverages
commonly known as beer for off -premises consump-
tion only).
B. This required separation distance shall be measured
by following the shortest route of ordinary pedes-
trian travel along the public thoroughfare from the
main entrance of such place of business to the main
entrance of the church and, in the case of a school,
to the nearest point of the school grounds in use as
part of the school facilities except:
(1) Where such established church or school is
within the limits of an incorporated city or
town and the applicant for such license is
outside such incorporated city or town and
outside any other incorporated city or town,
then and in that event, the place of business of
such vendor in the county may be the same or a
greater distance from such church or school as
is required by the ordinance of the incorporated
city or town wherein such church or school is
located.
(2) Should a church or school be established after
the establishment of a place of business of any
vendor for the sale of alcoholic beverages, the
subsequently established church or school shall
not affect the location of the place of business
of any such vendor nor shall it affect a
subsequent renewal or transfer of any license of
such a vendor.
(3) Where such established church or school is
located in the county outside the limits of any
incorporated city or town but so near the limits
of one that under the ordinances of that city or
town such a vendor in such city or town could
receive a license within a distance less than
stipulated by this ordinance of such church or
school, then and in that event, the place of
business of such a vendor in this county outside
any city or town may be the same or a greater
distance from such church or school as any such
vendor duly licensed within such city or town.
SECTION 2
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of
the legislature applying only to the unincorporated portion of
Indian River County and which conflict with the provisions of
this ordinance are hereby repealed to the extent of such
conflict.
SECTION 3
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated
into the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the
sections of this ordinance may be renumbered or relettered to
accomplish such intentions.
SECTION 4
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
word of this'ordinance is for any reason held to be
unconstitutional, inoperative or void, such holdings shall not
affect the remaining portions hereof and it shall be construed
to have been the legislative intent to pass this ordinance
without such unconstitutional, invalid or inoperative part.
SECTION 5
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 2nd day of January
1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Atri,�kB. LyUte
Chairman
Acknowledgment of the Department of of the State of
Florida this 7th day of January , 1985.
Effective Date: Acknowledgment from the Department of State
received on this 14th day of January 1 1985, at
1:00 a.m./p.m. and filed in the Office of the Clerk of the
Board of County Commissioners of Indian River County, Florida.
APPROVED -TO FORM AND
LEGAL FF NCY.
RN."BRA14DENBUR , County Attorney