Ordinance No. 10-80-13vORDINANCE 10-
80-13 AN ORDINANCE AMENDING SECTION 3-3 OF
THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH TO DELETE
ANYREFERENCE TO ROLAND'S RED BARN; PROVIDING A DEFINITION
SECTION TO BE NUMBERED 3-1; ADDING NEW SECTIONS
3-6 AND 3-7 CONCERNING DISTANCE LIMITATIONS
FOR THE RETAIL SALE, SERVING OR CONSUMPTION OF
ALCOHOLIC BEVERAGES; ADDING NEW SECTION 3-8
CONCERNING THE TRANSFER OF EXISTING ALCOHOLIC BEVERAGE
LICENSES; RE-NUMBERING OF
CERTAIN EXISTING SECTIONS; PRO-VIDING AN EFFECTIVE DATE.Section 3-
1. Definition. For the purposes of this part, the following
words and phrases shall have
the meanings respectively ascribed to them by this section.
a) Alcoholic Beverage. A11 beverages containing any amount of alcohol including,
but not limited to, intoxicating liquors, wines or beer.b)
Alcoholic beverage license. That license issued to a person
or location by the State of Florida Beverage Department.c) Presently
open for business. Any location open and doing busi-ness in the
dispensing of
alcoholic beverageson the date this ordinance becomes effective.Section
3-f:3-L. Hours when sales, etc., prohibited -- Persons holding licenses
to sell alcoholic beverages. It shall be unlawful for any
person licensed to sell alcoholic beverages, intoxicating liquors, wine or beer in the city to
sell, offer for sale, serve, give away, dispense or dispose of alcoholic
beverages, intoxicating liquors, wine or beer, or permit the same tobe consumedupon his premises,
between the hoursof 2:00 A.M. on Christmas Day and 7:00 A.M. on
theday followingChristmas Day, and between thehours of2:00 A.M. on Sundays and 1:00P.
M. on Sundays, andbetween thehours of 2:00 A.M. and 7:00 A.M. on all
other days; provided, that on New Year's Day such beverages may be sold
or served and dispensed by any person lawfullyengaged inthe business thereof, during thehours of 12:
01 A.M. and 4:00 A.M. The premises in which any
of such alcoholic beverages and intoxicating liquors and wine or beer are kept (
except such premises as are primarily used and conducted as grovery stores, markets
or primarily for the sale and serving of prepared foods for consumption
thereon) shall be securely closed during such hours, and no person shall
be permitted therein during such hours for any purpose whatsoever,except to clean
up the
premises or to perform necessary functions for closing the establishment.Section
3-~ 3-3. Same -- Persons not holdine licenses to sell alcoholic beverages.
It shall be unlawful for any person operating for profit,but
not licensed to sell alcoholic beverages, intoxicating liquors, wines or beer in the
city, to serve, give away or dispense alcoholic beverages, intoxi-cating liquors, wine or beer
or permit the same tobe consumedupon his premises between the hoursof 2:00 A.M. on
Christmas Day and 7:00 A.M. on theday followingChristmas Day, and between thehours
of2:00 A.M. on Sundays and 1:00P.M. on Sundays, andbetween thehours of 2:00
A.
2.
Section 3-3 3-4. Locations where sales
permitted
generally.e-grem#ses-eeenmee}y-#~neem-as-ge}
ead-'s-Red-Baea-se-}aeg-asehe-se}e-€e~-eeasex+g€#ea-a$-
g~ex~}ses-e€-
a}eehe}#e-beveeages-}s-€ae}deaee}-ee ehe-
se}e-a€-€ee$.b} (a) The premises commonly known as Le Chateau.e} (
b) The
club house site and pro shop site of the Selva
Marina Country Club.d} (c) The premises commonly known as the Sea
Turtle.e} (d) The premises located and fronting on Atlantic Boulevard from a point
two hundred feet east of the
center line of a street designated Sylvan Drive, west to the City limits.
e) All premises
located and fronting on the Mayport Road andin a Business "B"
Zone.g} (f) 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.Section 3-4 3-5. Locations
where on-premises sales prohibited.No vendor of alcoholic beverages containing alcohol
of not more than fourteen percent by weight and wines, regardless of alcoholic
content, for con-sumption on premises., shall be permitted to conduct his place of business in
the Business "A" Zone east of a line two hundred feet east and
parallel to the center line of a street designated 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.Section 3-6. Distance
Limitations. Notwithstanding the provisions of the foregoing sections above, no location
shall be approved for an
alcoholic beverage license, whether for on or off premises consumption,
unless such location is not less than:a)
One
thousand five hundred feet from any other location where there
exists a
current alcoholic beverage license;or b) One thousand five
hundred feet from any established school or
church.Section 3-7. Measurement of Distances. A11 distances provided in this
part shall be measured as follows:a) 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
3.
b) 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 measured 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.
Section 3-8. Existing
Conditions.a) Establishments in locations presently open for business
and where a current valid alcoholic beverage license existed on the effective
date of this ordinance shall not in any manner be affected by this part, nor
shall any right of renewal of such licenses be altered or changed by the
distance limitations or any other provision of this
part.b) Notwithstanding the limitations of this part, any location
shall be approved for an alcoholic beverage license if in compliance with the
zoning code and such license is being transferred or moved from a location where a
current valid license existed prior to the effective date of this ordinance nor
shall the number of times such license may be transferred or moved be limited so
long as each new location meets the requirements of this part with respect to
loca-tions of churches, schools or existing alcoholic beverage
licenses.Section 3-3 3-9. Lighting requirements on
premises
selling alcoholic beverages.Each vendor licensed to sell alcoholic
beverages, intoxicating liquors,wines or beer 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 foot-candles of light in all parts of his premises to which
members of .the public are admitted and where the sale of such beverages is
made or such beverages dispensed or consumed. It shall be unlawful for any
such vendor to sell, offer for sale, serve or dispense or permit to be
consumed any alcoholic beverages, intoxicating liquors, wines or beer upon part of
his premises unless the same is then and there lighted with not less than five
foot-candles of light.Section 3-6 3-10.
Playing of musical or
noise-producing equipment outside of buildings prohibited.It shall be unlawful
for any vendor of alcoholic beverages, intoxicating liquors, wines or beer to install, maintain,
harbor or play at a physical location in anywise outside of any building comprising
thewhole or any part of such vendor's business
premises any musical or noise-producing instrument, public address
or loudspeaker equipment, or any portionthereof, whatsoever.
Section 3-~ 3-11. Consumption on vendor's premises.It shall be
unlawful for any person to consume any alcoholic beverages including beer or wine
on the premises of any licensed vendor except within:1) the building which is the
address of such licensed vendor or (2) within a recreation area contiguous
to the building, and maintained and controlled by the licensed
vendor exclusively for recreational purposes including but not limited to
golf
4.
Section 3-12. All ordinances or parts of ordinances in
conflict herewith are to the extent of such conflict
repealed.Section 3-11. This ordinance shall become effective
immediately upon
final passage.Passed by the City Commission on First Reading March
24, 1980 Passed by the City Commission on Second Reading March
24, 1980 Passed by the City Commission on Third & Final Reading April
28,
1980
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D ~~GfiGC~~~Adelaide R. Tucker,