Ord 42-05
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ORDINANCE NO. 42-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CI1Y
OF DELRAY BEACH, FLORIDA, BY AMENDING
APPENDIX "A", "DEFINITIONS", BY REPEALING THE
DEFINITION OF "RESTAURANT" IN ITS ENTIRE1Y
AND ENACTING A NEW DEFINITION FOR
"RESTAURANT (BONA FIDE)"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach Code of Ordinances contains various restrictions on
the sale of alcoholic beverages within the City; and
WHEREAS, the City Commission deems it necessary to clearly define the differences
between "bona fide restaurant" and a "stand alone bar".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Appendix "A", "Definitions", of the Land Development Regulations of
the City of Delray Beach, Florida, is hereby amended to read as follows:
RESTAURANT (BONA FIDE)
(a) A bona fide restaurant shall mean an establishment engaged primarily in the
service of food where the sale or service of alcoholic beverages is incidental to the sale and
service of food. A cafeteria or fast food establishment shall be deemed a bona fide
restaurant for the purposes of zoning classification. All other establishments must meet the
following criteria:
1. A bona fide restaurant must, during all hours of operation,
continually offer food service consisting of full course meals;
a. Full course meals shall include a salad or vegetable, entrée
and dessert.
2. A bona fide restaurant must have full kitchen facilities, which are
located in a completely enclosed room, under roof of the main structure, or in an interior
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court and food preparation staff capable of preparing and serving full course meals during all
hours of operation.
3. A bona fide restaurant must have a customer service area consisting
of tables, chairs or customer counters. The tables or customer counters within the customer
service area must be of adequate size to accommodate the service of full course meals.
4. In order for tables, chairs or customer counters to be included in the
customer service area, the service of full course meals must be available at each seat or chair
at each table or customer counter in accordance with the following:
a. The total number of seats or chairs at the tables, customer
counters and bars within the customer service area must be
sufficient to accommodate the maximum occupant load of
the restaurant;
b. The full occupant load shall be determined in accordance
with the provisions of the standard Florida Building Code or
its successor code.
S. A bona fide restaurant must have the appropriate license issued by
the state as well as all municipal or county permits required by law, and must meet all local
. .
zorung reqwrements.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon passage.
2 ORD. NO. 42-05
r ' /",\
~~ASSED AND ADOPTED in regular session on second and final reading on this the
day of ---:s-~ , 2005.
~Y~R ~
ATIEST:
~ \).~~
CI1Y CLERK
First Reading ~ î \ IJ$
Second Reading \ Z~ c:>:S
\0 \.
i 3 ORD. NO. 42-05
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MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER ~
SUBJECT: AGENDA ITEM # lOG - REGULAR MEETING OF JUNE 21, 2005
ORDINANCE NO. 42-05
DATE: JUNE 17,2005
This ordinance is before Commission for second reading and public hearing for a City initiated
amendment to Land Development Regulations (LDR), Appendix "A", "Definitions", to enact a new
deftnition of "Restaurant".
This amendment is being processed to clearly define the differences between a "restaurant' and a "stand
alone bal'. The new definition of restaurant clearly distinguishes a restaurant from a stand alone bar,
and clarifies that a restaurant must operate as a restaurant during all hours of operation and cannot
operate at any time as a stand alone bar. Restaurants must have full kitchen facilities and food
preparation staff capable of preparing and serving full course meals during all hours of operation.
Restaurants that offer entertainment, or relocate tables and chairs to provide a dance floor or other
entertainment, must comply with the definition of restaurant.
This amendment is being initiated more for clarification purposes than to fulfill any specific
Comprehensive Plan policy. While the amendment does not specifically further the Goals, Objectives,
and Policies of the Comprehensive Plan, it is not inconsistent WIth them.
The Planning and Zoning Board held a public hearing at its meeting of May 23, 2005. There was no
public testimony. The Board voted 4-0 to recommend to the City Commission approval of the
proposed amendment by adopting the findings of fact and law contained in the staff report and finding
that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR
Section 2.4.5(M) (Amendment to Land Development Regulations).
At the first reading on June 7, 2005, the City Commission passed Ordinance No. 42-05.
Recommend approval of Ordinance No. 42-05 on second and final reading.
s.\Ctty Clerk\agenda memos\Ord 42-05 Defirutlon of Restaurant 062105
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II CITY COMMISSION DOCUMENTATrON I
TO: DAVID ~N~NAGER
THRU: PAUL D RUNG, DIRECT 'OF PLANNING AND ZO~_
FROM:
JEFFREY A. COSTELLO, ASSISTANT PLANNING DIR
SUBJECT: MEETING OF JUNE 7, 2005
CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPENDIX A "DEFINITIONS" REGARDING THE DEFINITION OF RESTAURANTS.
II BACKGROUND I ANALYSIS II
This amendment is being processed to clearly define the differences between a "restaurant" and a
"stand alone bar". The current definition of restaurant (copy attached) will be replaced with a new
definition (see attached proposed ordinance). The new definition of Restaurant clearly distinguishes a
restaurant from a stand alone bar, and clarifies that a restaurant must operate as a restaurant during
all hours of operation and cannot operate at any time as a stand alone bar. Restaurants must have full
kitchen facilities and food preparation staff capable of preparing and serving full course meals during
all hours of operation, Restaurants that offer entertainment, or relocate tables and chairs to provide a
dance floor or other entertainment, must comply with the definition of restaurant.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. This amendment is being initiated more for clarification purposes than to fulfill
any specific Comprehensive Plan policy. While the amendment does not specifically further the
Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
I PLANNING AND ZONING BOARD CONSIDERATION II
At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing regarding the
amendment. There was no public testimony regarding the proposed changes. After discussing the
amendment, the Board voted 4-0 (Kincaide, Morris, Zacks absent) to recommend to the City
Commission approval of the proposed amendment, by adopting the findings of fact and law contained
in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
II - --- ..-- - .- - n _ . . . - -.', :~-l
RECOMMENDED ACTION
.- -.. ._-- -- . . ---.
Approve on first reading the ordinance amending Land Development Regulations Appendix "A"
Definitions by adopting the findings of fact and law contained in the staff report and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of
the Land Development Regulations, with second reading to occur on June 21,2005.
Attachments Current Definition of Restaurant
Definition of Stand Alone Bar
Proposed Ordinance/Definition of Restaurant
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Current Definition of Restaurant:
"An establishment where food is prepared and served for pay primarily for consumption on the
premises in a completely enclosed room, under roof of the main structure, or in an interior court. A
drive-in or drive-thru restaurant is not a Restaurant. A cafeteria or fast-food establishment shall be
deemed a Restaurant for the purposes of zoning classification. "
Definition of Stand Alone Bar:
"Any licensed premises, including but not limited to, cocktail lounges, bars, nightclubs, dance clubs,
piano bars and cigar bars, devoted during any time of operation predominantly or totally to serving
alcoholic beverages, intoxicating beverages, or intoxicating liquors, or any combination thereof, for
consumption on the licensed premises, in which the serving of food, if any, is merely incidental to the
consumption of any such beverage; and the licensed premises is not located within, and does not
share any common entryway or common indoor area with, any other enclosed indoor workplace,
including any business for which the sale of food or any other product or service is more than an
incidental source of gross revenue. A place of business constitutes a stand alone bar in which the
service of food is merely incidental in accordance with this definition if the licensed premises derives
no more than ten percent (10%) of its gross revenue from the sale of food consumed on the licensed
premises".
ORDINANCE NO. 42-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CI1Y
OF DELRAY BEACH, FLORIDA, BY AMENDING
APPENDIX "A", "DEFINITIONS", BY REPEALING THE
DEFINITION OF "RESTAURANT" IN ITS ENTIRE1Y
AND ENACTING A NEW DEFINITION FOR
"RESTAURANT (BONA FIDE)"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach Code of Ordinances contains various restrictions on
the sale of alcoholic beverages within the City; and
WHEREAS, the City Commission deems it necessary to clearly define the differences
between "bona fide restaurant" and a "stand alone bar".
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Appendix "A", "Definitions", of the Land Development Regulations of
the City of Delray Beach, Florida, is hereby amended to read as follows:
RESTAURANT (BONA FIDE)
(a) A bona fide restaurant shall mean an establishment engaged primarily in the
service of food where the sale or service of alcoholic beverages is incidental to the sale and
service of food. A cafeteria or fast food establishment shall be deemed a bona fide
restaurant for the purposes of zoning classification. All other establishments must meet the
following criteria:
1. A bona fide restaurant must, during all hours of operation,
continually offer food service consisting of full course meals;
a. Full course meals shall include a salad or vegetable, entrée
and dessert.
2. A bona fide restaurant must have full kitchen facilities, which are
located in a completely enclosed room, under roof of the main structure, or in an interior
court and food preparation staff capable of preparing and serving full course meals during all
hours of operation.
3. A bona fide restaurant must have a customer service area consisting
of tables, chairs or customer counters. The tables or customer counters within the customer
service area must be of adequate size to accommodate the service of full course meals.
4. In order for tables, chairs or customer counters to be included in the
customer service area, the service of full course meals must be available at each seat or chair
at each table or customer counter in accordance with the following:
a. The total number of seats or chairs at the tables, customer
counters and bars within the customer service area must be
sufficient to accommodate the maximum occupant load of
the restaurant;
b. The full occupant load shall be determined in accordance
with the provisions of the standard Florida Building Code or
its successor code.
5. A bona fide restaurant must have the appropriate license issued by
the state as well as all municipal or county permits required by law, and must meet all local
zoning requirements.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon passage.
2 ORD. NO. 42-05
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PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2005.
MAYOR
ATTEST:
CI1Y CLERK
First Reading
Second Reading
3 ORD. NO. 42-05
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~1"Friday, June 10, 2005 ~ Boca ~ Beach News· www.bocáneWs.com
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LEGAL NOTICES LEGAL NOTICES
~IX A. t'HUVIU1M:i A~VIM:j OF THE CßY OF ŒlRAY BEACH
ClAUSE, ,. GENEAAl REPEÞ.lER
CLAUSE. AND AN EfFEC11VE DAlE FlORIDA, IN AM£M)IM> API'ENOoC
""", "IJ£fIMTlONS", BY IŒPEAUNG
ORIIIIWIΠNO, 4H15 THE DEflNfT10N OF "RESTAURANT"
IN OS ENTIRETY AWJ ENI\C11NG A
AN OROINANCE OF THE GllY COM- _ DEflMTlON FOR "RESTAURANT
MISSION Of lHE CIlY Of ŒlRAY mil'", PROVIDING A SAVlM>
100 BEACH, AMENDING CHAPTER 100, E, GENERAl REPEALER
"NUISANCES", OF THE CODE OF ClAUSE. AND AN EfFEC11VE DAlE i
ANNOUNCEMENTS OROINANCES Of lHE CßY OF DEl- Please be advised that ø a person ;
RAY BEACH, FlORIDA. BY ~
~ ING SECTION 100 01. "EXIS1ENΠOf _ to -' any _ made
WEEDS, TRASH ANO l/EGETATION ",!he cay ComrnossIon _ JespecI In
UPON lANDS PROHIBITED", TO PRD- any matter considefod at 1hes8 hear-
LEGAL NoTICES VIDE TttAT I/EGETATlON 011 TREES II1IIS. such person may need In ensure
WHICH INTERfERE WITH 11\Aff1C Ihat a \/OrtJatim I1!CI>I1IInc111des Ibe ,...
FlOW, SAFETY ORl1T1L1T1ES ARf A = and .....œooe upon MUch !he"
c:nT C f IlUJll,J IIUCJI, ~ NUISANCE AND TO PROVIDE FOR is 10 be based The CIIy does
IIOJICI! C f -.JC'_ ENfORCfMENT, BY AMENOING $EC- ~= f: =05 socii record
TION 100m, '1..AHOS TO BE KEPT
A PUBUC HEARING wi! be held on !he FREE Of DEBRIS, VEGETATION AND
~~~~ THE LIKE", TO READ "HURRICANES CßY Of OELRAY 8EACH
lANDS TO BE KEPT ffiEf Of DEBRIS, CI1eveIIe 0 Nub..
at any _ 01 such -.0 VEGETATION ANDlHE LIKE", TO ADO CIIy Clm
~~~~'::~ A DUTY TO CORRECT ANO INSPECT PUBLISH friday, June 10, 2005
AND TO ADO UTILITIES /oS A HAZ-
1st Avon,,", Delray Beach, Florida, at ARO, BY REPEAliNG SECTION Boca RaIonIOeIray Beach News
wt1ICtI lime !he 0I0¡ CommIssoan .... 100 20 "INSÆCTlON OF lANDS TO Ad #122501
COIISIder \heir adopOOn The propOsed OETERMlNE VIOLATION"; BY
ordmaoœs may be II1Speded at Ibe AMENDING SECTION 100 21
~ 01111e CIIy CIeri< at Cory Hall, 100 "NOTICE Of VIOLATION REQUIRED.'
N W 1st Aven,,". ~ Beach, Aoo- TO READ, "NOTICE OF VIOLATION
<la, beIween IIIe hoolS 8-00 a m and REQUIRED, ABA11'MENT ANO AlTER-
5110 p m. ~ throogh Friday NATIVE ENfORCEMENT", TO PRO-
except holidays _rested parueS VIDE AlTERNATE ENFORCEMENT
are Invited to aItefld and be heard _ PROCEDURES, BY AMENOING SEC-
respod to the proposed ordmanœs 110N 10022, "CONTENT AND FORM
Of NOTICE", TO ClARIFY NOTICE
ORDINANCE NO JS.«j REOUIREMENTS, BY AMENOING
SECTION 100 23, "NOTICE OF
AN OROINANCE Of lHE CllY COM- RECURRING NUISANCE REQUIRED,
MISSION OF lHE CllY OF DELRAY CONTENT AND FORM", BY ENACTING
BEACH, FLORIDA, REzONING AND ,. NEW SECIION (A) TO PROVIDE FOR
PlACING lAND PRESENTLY ZONED NO NOTICE FOR RECURRING NUI-
~1~~oI~\t!fI~~IjoY ~~~: ~~ ~18:F~r~R~N);3
1Y FACILITIES) OISTRICTf SAID lAND RENUMBERING AND DELETING
BElr G A PARCEL LOCATED ON THE DUPLICATIVE NOTICE PROVISIONS,
x:t¡o;:~~Y':~~= ~~O~&~=~~~~
MARTIN WTHER KING JR DRIVE RING PUBLIC NUISANCE PURSUED
tr;'tu~¢~~R~E~n~:~- ~~J"~H¡OJE B~~~~~E~
AMENDING "ZONING MAP Of DEl: ACCOROANCE WITH LAW, IN
RAY BEACH. FLORIDA. APRIL 2005" AMENDING SECTION 100 26,
PROVIDING A GENERAL REPEALEfi "ASSESSMENT OF COSTS, INTEREST
ClAUSE, A SAVING ClAUSE AND AN AND ATTORNEY'S ÆES, UENS", TO
EfFECTIVE DATE . REMOVE lHE REfERENCE TO THE
LAWS Of FlORIDA, IN AMENDING
OIIDIIIAHCE NO. ~ SECIION 100 'D, "ENFORCEMENT OF
ASSESSMENT, PRIORIlY Of LIEN".
,\N ORDINANCE OF lHE CßY COM- TD ClARIFY THE ENFORCEMENT
r~ISSlON Of THE CßY Of ŒlRAY PERMITTED, AND TO PROVIDE
tJEACH, FLORIDA, AMENDING lHE GRAMMA1ICAl CHANGES TO All
lAND DEVElOPMENT REGULATIONS - SECTIONS, PROVIDING A SAVING
Of THE CI1Y DF ŒlRAY BfACH ClAUSE, A GENERAl REPEAlER
FLORIDA. IN AMENDING AI'PEN!IIJi CLAUSE. AND AN EfFECTIVE DAlE
"A" "OEflNl11ONS", BY ENACTING A
NEW OEANmON FOR "LOWEST OIIIIIIWICE 110 42-œ
FLOOR" AND AMENtIING SECTION
4 5 3, "FLOOO DAMAGE CONTROl AN ORDINANCE Of THE CIlY COM-
DISTRICTS", IN DRDER TO INClUDE MISSION OF THE CßY OF OELRAY
A REFERENCE TO THE OEFIMTION Of BEACH, FLDRIDA, AMENDING THE
"LOWEST FLOOR" /oS PROVIDED IN lAND DEVElOPMENT REGUlATIONS
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