15-79 ORDINANCE NO. 15-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH
FLORIDA BY REPEALING SECTION 4-3 "SALE WITHIN SPECIFIED
DISTANCE OF CHURCH OR SCHOOL PROHIBITED" AND ENACTING
NEW SECTION 4-3 "SALE WITHIN SPECIFIED DISTANCE OF
CHURCH OR SCHOOL; DETERMINATION OF DISTANCE; EXEMPTIONS";
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is within the power of the City of Delray Beach,
Florida to establish by ordinance distance limitations between liquor
vendors and churches and schools, and to make reasonable exemptions to
these limitations; and,
WHEREAS, the City Council of the City of Delray Beach has
determined that such limitations and exemptions should be enacted; and,
WHEREAS, the City Council of the City of Delray Beach has
determined that it is in the best interests of the City to permit exemp-
tions to the distance limitations to duly licensed restaurants who have
been issued a "special restaurant license" by the Division of Alcoholic
Beverages and Tobacco under the authority of the Florida Administrative
Code, Chapter 7A "Vendors or Licenses",
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4-3 "Sale within specified distance of
church or school prohibited; exemption; determination of distance" is
hereby repealed.
Section 2. That a new Section 4-3 be enacted to read as follows:
Sec. 4-3. Sale within specified distance of church or school
prohibited; determination of distance; exemptions.
(a) No alcoholic beverages shall be sold within the
corporate limits of the City, at any place of business,
location or establishment within three hundred (300) feet
of any established school or church. The distance of
three hundred (300) feet shall be measured as follows:
(1) Pertaining to established schools. Three
hundred (300) feet from the nearest point of
the building of the place of business, location,
or establishment to the nearest point of the
school grounds in use as part of the school
facilities.
(2) Pertaining to established churches. Three
hundred (300) feet from the nearest point of
the building of the place of business, location
or establishment to the nearest point of the
church building or buildings.
(3) The distance of three hundred (300) feet shall
be measured by a straight line.
(b) The above and foregoing ((a)) shall not apply to:
(1) Any duly licensed grocery store selling wines
or beers in packages and for consumption off
the premises.
(2) Any restaurant holding a special restaurant
license issued by the Department of State,
Division of Alcoholic Beverages and Tobacco
pursuant to the rules and regulations of the
Florida Administrative Code, Rules of the
Division of Beverages, Chapter 7A "Vendors or
Licensees", Sections 7A-3.14, 7A-3.15, 7A-3.16
and 7A-3.17, or any successor or substitute
rules pertaining thereto.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. 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 5. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 12th day of March , 1979.
M A Y O~R
LEON M. WEEKES
ATTEST-
City Clerk
First Reading February 26. 1979
seCond Reading March 12, 1979
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