HomeMy WebLinkAbout2010-015ORDINANCE 2010- 015
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO
ITS TITLE I CODE; PROVIDING FOR AMENDMENTS TO CHAPTER 300, ALCOHOLIC
BEVERAGES; BY REVISING RESTRICTION ON LOCATION OF LICENSED PREMISES SECTION
300.05; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION;
SEVERABILITY; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA THAT THE INDIAN RIVER COUNTY TITLE I CODE, CHAPTER 300 REGULATIONS BE
AMENDED AS FOLLOWS:
SECTION #1:
Section 300.05, Restriction on location of licensed premises, is hereby amended to read as follows:
(1) Separation of licensed premises from schools No licensed premises shall be authorized
by the county within 500 feet of any established public or private elementary school, middle school, or
secondary school, with the following exceptions:
(a) Premises licensed on or before July 1, 1999;
(b) Restaurants, which derive at least 51 percent of their gross revenues from the sale of
food and nonalcoholic beverages;
(c) Establishments licensed to sell alcoholic beverages for consumption off the premises
only; or
(d) Not-for-profit organizations operating under a temporary permit issued by the Division
of Alcoholic Beverages and Tobacco of the Florida Department of Business and
Professional Regulation under the Florida Beverage Law.
(2) This required separation distance shall be measured by el -lowing the shei4est r-orte er
or-dinafy pedestrian travel along the publie thefetighfar-e in a straight line from the main entrance of sir
place of business the building or structure containing the licensed premises to the mai entr- nee of the
ehurur—e and, in the ease of a h ' -to the nearest point of the real property containing the elementary,
middle, or high school_ b, -o, nds in use as a4 f the ..1,..,,1 f eflit• exeepptm;
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ORDINANCE 2010- 015
SECTION #2: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to
be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and
the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid
portion thereof had not been incorporated therein.
SECTION #3: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the
provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish
such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION #5: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 10th day of July , 2010, for a public
hearing to be held on the 20th day of July , 2010, at which time it was moved for adoption by
Commissioner Solari , seconded by Commissioner 0' Bryan , and adopted by
the following vote:
Chairman Peter D. O'Bryan
Vice Chairman Bob Solari Ave
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ORDINANCE 2010- 015
Commissioner Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Gary Wheeler
Absent
Aye
Absent
BOARD OF COUNTY COMMISSIONERS
o•O���r uu�y�yj% OF INDIAN RIVER COUNTY
* Peter D. O'Bryan, Chairman
?� �P TTEST BY:
Jeffrey K. Barton, Clerk
v
r r• r rr r• •••••
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Val' Alan S. Polackwich, Sr., County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICP; omm ' y Development Director
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