1079 Atlantic Boulevard UBEX 01.06.1993 (Paul) r�
Please Type or Print in Ink Application Fee $75. 00
illyAPPLICATION FOR "USE BY EXCEPTION" )%
RN 61993
Date Filed: January 5, 1993
Enilding and Zoning
Name and Address of Owner or Tenant in Possession of Premises:
G. David Paul
Phone
1 Bluefish A.veiue Work:ROY DEESE REALTY - 2141-5060
Ponte Vedra Beach, FL 32082 Home: 285-3769
Street address and legal description of the premise■ as to which the "Use
by Exception" is requested:
1079 Atlantic Boulevard, Suites 14 & 5 (2)x00 sq ft.), Atlantic Beach, FL 32233
Lot 25, Section 38, Subdivision Castro Y Ferrer
A description of the "Use by Exception" desired, which shall specifically
and particularly describe the type, character and extent of the proposed
"Use by Exception" :
To allow the establishment of a family style Tavern featuring (3) pool tables,
various electronic games, large & small screet TV's offering Beer, Wine and non
alcoholic beverausi pizza and snacks (cold) and sandwiches.
Specific reasons why the applicant feels the request should be granted:
The proposed establishment will be family awned and operated, will commence daily
___ppgratri.4nag_ thea ,Igrrloon and run into the evening hours. This schedule will
__ erstt_.tha. TaTerataAmrAtt_whim the other building tenants are closed. Family
___.aanagement_tion..t.s_jaC.itpeat and responsibll run-aeration.
Zoning Classification: CO - COMERCIAL
/2 '767
ignature of applicant/applicant 's Signature o own -r of the pro-erty
authorized agent or attorney. If Application cannot b- ceased
agent or attorney, include letter without owners signature.
from applicant to that effect.
Applicant: Do not fill-in beyond this point. However, be prepared to
respond to the following items:
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§ 3-4 ATLANTIC BEACH CODE
Sec. 3-4. Premises where sales permitted.
Sales of alcoholic beverages are permitted on the following premises:
(1) The premises commonly known as Le Chateau;
•
(2) The clubhouse site and pro shop site of the Selva Marina Country Club;
(3) The premises commonly known as the Sea Turtle;
(4) The premises located and fronting on Atlantic Boulevard from a point two hundred
(200)feet east of the center line of a street designated Sylvan Drive, west to the city
limits;
(5) All premises located and fronting on the Mayport Road and in compliance with
chapter 24;
(6) The premises commonly known as Letizia's Italian Restaurant so long as the sale for
consumption on premises of alcoholic beverages is incidental to the sale of food.
(Code 1970, § 3-3; Ord. No. 10-80-13, § 3-4, 4-28-80)
State law reference—Authority to regulate location of alcoholic beverage establish-
ments,F.S. § 562.45(2).
Sec. 3-5. Locations where on-premises sales prohibited.
No vendor of alcoholic beverages containing alcohol of not more than fourteen(14)percent
by weight and wines, regardless of alcoholic content, for consumption on premises, shall be
permitted to conduct his place of business in the CG zone east of a line two hundred(200)feet
east and parallel to the center line of a street designated as Sylvan Drive,unless such place of
business is a restaurant or delicatessen and the sale of beer and wine is incidental to the sale
of food.
(Code 1970, § 3-4; Ord. No. 10-80-13, § 3-5, 4-28-80)
State law reference—Authority to regulate location of alcoholic beverage establish-
ments,F.S. § 562.45(2).
Sec. 3-6. Restrictions on location of establishments.
(a) Notwithstanding the provisions of this chapter, no location shall be approved for an
alcoholic beverage license, whether for on- or off-premises consumption, unless the location is
not less than:
(1) One thousand five hundred(1,500)feet from any other location where there exists a
current alcoholic beverage license; or
(2) One thousand five hundred(1,500)feet from any established school or church.
(b) The foregoing provisions of this section shall not apply to any restaurant ("restau-
rant" is defined for purpose of this section as being an enterprise involved solely in the
preparation, and serving of food within the physical confines of that establishment) which
246
•
ALCOHOLIC BEVERAGES § 3-9
derives not less than fifty (50) percent of gross income from the sale of food prepared, and
served on the premises, provided that such a restaurant with a beverage license permitting
consumption on the premises of alcoholic beverages including liquor(hard liquor)shall have a
seating capacity of not less than one hundred fifty(150)seats and overall floor area of not less
than three thousand (3,000) square feet; nor shall the foregoing provisions of this section
apply to grocery stores or drugstores licensed to sell alcoholic beverages for off-premises
consumption only.
(Ord. No. 90-82-73, § 1, 7-28-82; Ord. No. 10-82-14, § 1, 1-24-83)
State law reference—Authority to regulate location of alcoholic beverage establish-
ments, F.S. § 562.45(2).
Sec. 3-7. Measurement of distances.
All distances provided in this chapter shall be measured as follows:
(1) With respect to the distance between a location for which an alcoholic beverage
license is proposed and a location where such a license exists, the distance shall be
measured by following a straight line from the nearest point of the building or
portion of a building which is the proposed license premises to the nearest point of the
building or portion of a building which is the existing licensed premises.
(2) With respect to the distance between a location for which an alcoholic beverage
license is proposed and an established church or school, the distance shall be mea-
sured by following a straight line from the nearest point of the building or portion of
a building to be used as a part of the proposed location to the nearest point of the
grounds contiguous to and a part of the church or school facilities.
(Ord. No. 10-80-13, § 3-7,4-28-80)
Sec. 3-8. Conditions of existing establishments.
(a) Establishments in locations presently open for business and where a current valid
alcoholic beverage license existed on April 28, 1980, shall not in any manner be affected by
this chapter, nor shall any right of renewal of such licenses be altered or changed by the
distance limitations or any other provision of this chapter.
(b) Notwithstanding the limitations of this chapter, any location shall be approved for an
alcoholic beverage license if in compliance with the zoning code and the license is being
transferred or moved from a location where a current valid license existed prior to April 28,-
1980 nor shall the number of times the license may be transferred or moved be limited so long
as each new location meets the requirements of this chapter with respect to locations of
churches, schools or existing alcoholic beverage licenses.
(Ord. No. 10-80-13, § 3-8,4-28-80)
Sec. 3-9. Lighting requirements on premises.
Each vendor licensed to sell alcoholic beverages in the city, during all times his premises
are open for business or in which members of the public are admitted, shall maintain not less
than five(5)footcandles of light in all parts of his premises to which members of the public are
Supp.No.3
247
CITY OF
N.° 7 5 2 3
ATLANTIC BEACH
FLORIDA
19
NAME 04214C;a41--1�
ADDRESS 68/ J. 3/cd aibutt-
CITY ei_sml�.0 9 Cr�j� 'c. -Ya��d'
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ME: 10:20 AN
TOTAL $75.00
TENDERED $75,00
CHANBE s.00
* '
'774q3
When Signed, Dated and Numbered, This Becomes an Official Receipt
MAKE CHECKS PAYABLE TO Received Payment
CITY OF ATLANTIC BEACH, FLORIDA TREASURER