Loading...
Amended Item 10A- Ltr from TR Hainline regarding Gate Service Station AMENDED ITEM 10A OCTOBER 10,2016 p•q LEWIS Attorneys at Law �� L LIN LONGMAN I Ilw-law.com �i�:� u WALKER 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 T.R. MAINLINE,JR. 1391 ItnrtpLtct•1-1(d and•Stott:I�r1 R O G E R S TOWERS l.tck),ii ilk,Florida 3221)- 904 22i90u.308.3911 Nt„r, 904.346. 5531 904.3%.0663 Fax !'I lainlim•(Jrtlaw.com umw.rttnac<xn 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. - ' Ackno‘ -ded b 'ame: i Its: 7-z-4/v7/6- ,/37/4-C1-e J \ /07 I my