Amended Item 10A- Ltr from TR Hainline regarding Gate Service Station AMENDED ITEM 10A
OCTOBER 10,2016
p•q LEWIS Attorneys at Law
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Reply to:Jacksonville
MEMORANDUM
TO: Mayor and City Commission Members
FROM: Brenna M. Durden, City Attorney y i,
DATE: October 4, 2016
SUBJECT: Gate Petroleum Company, Inc.
535/541 Atlantic Boulevard
Please find attached herewith a copy of a letter from T. R. Hainline to Chief Deal dated
September 29, 2016 regarding the hours of operation for the Gate service station and retail store
to be constructed on Atlantic Boulevard. Following discussion with Chief Deal, Gate
representatives, Nelson Van Liere, Commander Gualillo and myself, Chief Deal signed the letter
on September 30, 2016 confirming the contents of the letter.
I will report on the letter during City Attorney comments at the October 10, 2016
Commission meeting. Should you have any questions, please do not hesitate to contact me.
Thank you.
JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALM BEACH
245 Riverside Ave.,Suite 150 315 South Calhoun St.,Suite 830 101 Riverfront Blvd.,Suite 620 515 North Flagler Dr.,Suite 1500
Jacksonville,Florida 32202 Tallahassee, Florida 32301 Bradenton,Florida 34205 West Palm Beach, Florida 33401
T:904.353.6410 T:850.222.5702 T:941.708.4040 T:561.640.0820
F:904.353.7619 F:850.224.9242 F:941.708.4024 F:561.640.8202
0071663K-I
See Things Differently'
AMENDED ITEM 10A
OCTOBER 10,2016
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September 29, 2016
J. Michael Deal
Chief of Police
Atlantic Beach Police Department
850 Seminole Road
Atlantic Beach, FL 32233
Re: Our File G0005-64400
Dear Chief Deal:
We represent Gate Petroleum Company ("Gate") which is designing and
constructing a service station and retail store at 535 and 541 Atlantic Boulevard. It is
Gate's intent to apply to the State of Florida Division of Alcoholic Beverages and
Tobacco for a ZAPS license to sell Neer and wine for off-premises consumption. The
service station and retail store will be open 24 hours/day. The sale of beer and wine at
the retail store will be closed between the hours of 2:00 a.m. and 7:00 a.m. All storage
and display areas where beer and/or wine is stored and sold will be locked and dark (not
lighted)and therefore will not be accessible to anyone between the hours of 2:00 a.m. and
7:00 a.m.
We understand that the City of Atlantic Reach Police Department has been
charged by Section 562.14(4) of the Florida Statutes with enforcing Section 3-2 of the
City of Atlantic Beach Ordinance Code, which limits the hours of the sale of alcoholic
beverages by licensed premises operating within the City.
In designing its retail store, Gate seeks confirmation from you regarding the
C'ite's enforcement of Section 3-2. The intent of the ordinance is to control and eliminate
the sale of alcohol between 2 a.m. and 7 a.m. The City has allowed stores similar to the
proposed Gate store to operate 24 hours/day, consistent with the interpretation. Based
upon the intent of Section 3-2, the Police Department does not interpret this section to
mean that Gate and businesses similar to Gate would be required to physically close and
stop selling all goods during these hours.
AMENDED ITEM 10A
OCTOBER 10,2016
Michael Deal
September 29, 2016
Page 2
Please confirm this interpretation h signing this letter below. Thank von.
Very truly yours.
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