Ord 42-03ORDINANCE NO. 42-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF D~J.RAY BEACH, AMENDING APPENDIX "A", BY
AMENDING ~LL DEFINITIONS RRLATING TO
ALCOHOLIC BEVERAGES AND ENACTING SOME NEW
DEFINITIONS REI,ATING TO ALCOHOLIC BEVERAGES;
AMENDING CHAPTER FOUR, "ZONING
REGULATIONS"; SECTION 4.3.3(V), "USES INVOLVING
ALCOHOLIC BEVERAGES", IN ORDER TO PROVIDE
FOR A DEFINITION OF ALCOHOLIC BEVERAGE THAT
IS CONSISTENT WITH STATE STATUTES AND A
DISTANCE LIMITATION BETWEEN STAND ALONE
BARS; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of De[ray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission finds that the City has a substantial government interest
in regulating liquor under the police powers and under state law; and
WHEREAS, the City Commission has determined it to be in the public's best interest to
establish reasonable regulations for the location of stand alone bars throughout the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF D~J.KAY BEACH, FLORIDA:
Section 1. That Appendix "A" be amended as follows:
ALCOHOLIC BEVERAGE ESTABLISHMENT: =c;..~z. any c:'=~?.:~cnt
~A~ c .... ...... __ -__ __ t. ..... :~A Any business or commercial establishment, whether
open to the public at large or entrance is limited by cover charge or membership
requirements, inducling those licensed by the state for sale and-or service of alcoholic
beverages, which include but are not limited to. any bar. stand alone bar. cocktail lounge.
bottle club. hotel, motel, restaurant, night club. country, club. cabaret, and meeting facility.
located in the City of Delray Beach in which alcoholic beverages, beer or wine are, or are
available to be. sold. dispensed, served, consumed, provided, possessed or offered for sale or
consumption on the premises.
BOTTLE CLUB: A commercial establishment, operated for a profit, whether or
not a profit is actually made. wherein patrons consume alcoholic beverages which are
brought onto the premises and not sold or supplied to the patrons by the establishment.
whether the patrons bring in and maintain custody of their own alcoholic beverages or
surrender custody to the establishment for dispensing on the premises, and which is located
in a building or other enclosed structure. This definition does not apply to sporting facilities
where events sanctioned by nationally reco_mfized regulatory athletic or sports associations
are held or to bona fide restaurants licensed by the Division of Hotels and Restaurants of the
Department of Business and Professional Re~mflation.
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 en .ttyway 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 ~oss revenue. A place of bus'mess 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 ~oss revenue from
the sale of food consumed on the licensed premises.
Section 2. That Chapter Four, Zo o Regulauons , Secuon 4.3.307), "Uses Involving
Alcoholic Beverages", be, and the same is hereby amended to read as follows:
(V) Uses Iavolvi-g Alcoholic Beverages:
should ........................... r ........ ~e, .......
(1) Defined: For this subsection, alcoholic beverage is defined as:
2 ORD. NO. 42-03
Distilled spirits and all beverages containing one-half of 1 percent
(0.5%~ or more alcohol by ¥olume.
(2) Prohibitions by Frequency.: The sale of alcoholic beverages for on-
site consumption shall be allowed as a principal usew~thin' ' ......... ---,-.-:, ~ ......... ~ ......... a u__~ stand
alone bars and as an accessory use in chartered private clubs and golf courses with the
restriction that:
(a) Not more than .... a__
one ....... stand alone bar shall be located
within any block c___.: ............. :_ .t.A u~--~. :___a:_._~ ........ ,- .......
within seven hundred and fifty..(750) feet of another stand alone bar measured from lot line
to lot line in a straight line.
~ The above restriction does not apply to a duly licensed ~trrocery
store which sells beer and wine in packages for off-site consumption nor does it apply to a
restaurant which holds a special restaurant license issued by the Depamnent of Business
R%m.xlations of the State Division of Alcoholic Beverages and Tobacco.
(3) Prohibition by Proximity. (Schools and Churches): Alcoholic
beverages shall not be sold at any establishment which is located within 300 feet of an
established school or church.
(a) With respect to schools, the 300' distance shall be measured
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 a part of the school facilities.
(b) With respect to churches, the 300' distance shall be measured
from the nearest point of the building of place of business, location, or establishment to the
nearest point of the church building or buildings.
(c) The 300' distance shall be measured in a straight line.
(d) The above restriction docs not apply to a duly licensed
grocery store which sells beer and wine in packages for off-site consumption nor does it
apply to a restaurant which holds a special restaurant license issued by the Depa~U~ent of
Business Regulations of the State Division of Alcoholic Beverages and Tobacco.
(4) Bottle Clubs Prohibited: Bottle Clubs as defined in r-:,_, r-Aa~
Appendix A are prohibited in all zone districts.
3 ORD. NO. 42-03
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
~ PASSED A~ND A. DOPTED in reg,,!,r session on second and final reading on this /~ day
oP~/~ ,2003.
A'ITIe;ST: ~
CITY CLERK
First Readin~
Second Reading~~
4 ORD. NO. 42-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ O ~ - REGULAR MEETING OF NOVEMBER 18. 2003
ORDINANCE NO, 42-03
NOVEMBER 14, 2003
This is second reading and second public heating for Ordinance No. 42-03 amending Chapter 4,
"Zoning Regulations", of the Land Development Regulations, Section 4.3.3(V) "Uses Involving
Alcoholic Beverages" to provide for a definition of alcoholic beverage that is consistent with State
Statutes and a distance limitation between Stand Alone Bars.
At the first reading on November 4, 2003, the Commission passed Ordinance No. 42-03.
Recommend approval of Ordinance No. 42-03 on second and final reading.
S:\City Clerk\agenda moiao~.On142-03.Definition-Alcoholic Bevoagel 1.18.03
TO:
THRU:
FROM:
SUBJECT:
JEFFREY A. COS ..O, ASS.STA. T P.A..,.G
MEETING OF NOVEMBER 4, 2003
AMENDMENT TO LAND DEVELOPMENT REGULATIONS APPENDIX "A"
"DEFINITIONS" AND SECTION 4.3.3(V) "USES INVOLVING ALCOHOLIC
BEVERAGES", IN ORDER TO PROVIDE FOR A DEFINITION OF ALCOHOLIC
BEVERAGE THAT IS CONSlSTENT WITH STATE STATUTES AND A DISTANCE
LIMITATION BETWEEN STAND ALONE BARS.
The proposed amendment is being processed in order to obtain consistency with State Statutes as they
relate to the definition of Alcoholic Beverages, and to provide clarification regarding the distance
limitation between stand alone bars and provide specific distances. In addition, the definition of
Alcoholic Beverage Establishment is being modified and definitions of Stand Alone Bar and Bottle Club
are being added to be consistent with State Statutes. Additional background and a complete analysis
are provided in the attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of October 20,
2003. There was a member of the public that had no objections to the amendment, but recommended
some grammatical changes to the ordinance. After discussing the amendment, the Board voted 4-0
(Borchardt, Pike and Woehlkens absent) to recommend to the City Commission approval of the
proposed amendment to Land Development Regulations Appendix "A" "Definitions" and Section
4.3.3(V) "Uses Involving Alcoholic Beverages", in order to provide for a definition of alcoholic beverage
that is consistent with State Statutes and a distance limitation between Stand Alone Bars, based upon
positive findings with LDR Section 2.4.5(M). The proposed ordinance includes the grammatical
changes.
By motion, approve on first reading the ordinance regarding Stand Alone Bars, based upon the findings
and recommendations by the Planning and Zoning Board, and set a public hearing date of November
18, 2003.
Attachments: P&Z Board Staff Report of October 20, 2003 & Ordinance by Others
MEETING OF: OCTOBER 20, 2003
AGENDA ITEM:
IV.E. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPENDIX "A" "DEFINITIONS" AND SECTION 4.3.3(V) "USES
INVOLVING ALCOHOLIC BEVERAGES", IN ORDER TO PROVIDE
FOR AND AMEND DEFINITIONS RELATING TO ALCOHOLIC
BEVERAGES AND PROVIDE DISTANCE LIMITATIONS BETWEEN
STAND ALONE BARS.
I
The item before the Board is an amendment to the Land Development Regulations Appendix
"A" "Definitions" amending all definitions relating to alcoholic beverages and enacting new
definitions relating to alcoholic beverages; and amending Section 4.3.3(V) "Uses Involving
Alcoholic Beverages", in order to provide for a definition of alcoholic beverage that is
consistent with State Statutes and a distance limitation between Stand Alone Bars, pursuant
to LDR Section 2.4.5(M).
Pursuant to LDR Section 1.1.6, an amendment to the LDRs may not be made until a
recommendation is obtained from the Planning and Zoning Board.
LDR Section 4.3.3(V) (Uses Involving Alcoholic Beverages) contains regulations concerning
alcoholic beverages and limits the location of cocktail lounges and bars. The current
provisions relating to alcoholic beverages found in Section 113 of the City's Code of
Ordinances and Section 4.3.3(V) of the City's Land Development Regulations were adopted
in 1980. With the adoption of the Land Development Regulations in 1990, the provisions
found in LDR Section 4.3.3 were relocated from Section 113 of the City's Code of Ordinances.
The proposed amendment is being processed in order to obtain consistency with State
Statutes as they relate to the definition of Alcoholic Beverages, and to provide clarification
regarding the distance limitation between stand alone bars and provide specific distances. In
addition, the definition of Alcoholic Beverage Establishment is being modified and definitions
of Stand Alone Bar and Bottle Club are being added to be consistent with State Statutes.
As previously stated, the amendment includes a change to the manner in which the distance
is measured between cocktail lounges/bars. LDR Section 4.3.3(V)(2)(a) states the following:
"Not more than one vendor shall be located within any one block fronting on a street nor in the
block immediately across the street, unless the establishment is a duly licensed restaurant
serving full course meals at tables."
IV.E.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment Regarding Stand Alone Bars
Page 2
The intent of the regulation is to prevent the proliferation of cocktail lounges and bars in any
given area throughout the City. However, this method of measurement has created some
confusion. Also, block sizes vary throughout the City. For example, a block in the central
business district is typically 300' wide x 600' deep, while on North or South Federal Highway a
block can be a ¼ to ~ a mile in length. The proposed amendment is to provide a specific
distance limitation and method of measurement as follows:
"Not more than one stand alone bar shall be located within any one block nor within seven
hundred and fifty (750) feet of another stand alone bar measured from lot line to lot line along
a straight airline route.'
It is noted that businesses that meet the definition of stand alone bar located on property
within 300' of residentially-zoned property, are further regulated by LDR Section 4.3.3(VV)
(24-hour or Late Night Businesses), and are subject to conditional use approval.
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. As noted previously, this amendment is being initiated to obtain
consistency with State Statutes as they relate to the definition of Alcoholic Beverages, and to
provide clarification regarding the distance limitation between stand alone bars and provide
specific distance limitations. These regulations as well as regulations currently in place
should limit the proliferation of stand alone bars and thus mitigate any potential impacts on
area business and residents. While the amendment does not fulfill a specific Goal,
Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
Community Redevelopment Agency: At its meeting of October 9, 2003, the CRA Board
reviewed the proposed LDR amendment and recommended approval.
Downtown Development Authority: This item is scheduled for review by the DDA at their
October 21st meeting. Their recommendation will be provided at the City Commission
meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
PROD (Progressive Residents of Delray)
· Presidents Council
· Chamber of Commerce
Letters of objection or support, if any, will be provided at the Planning and Zoning Board
meeting.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment Regarding Stand Alone Bars
Page 3
By motion, recommend to the City Commission approval of the attached amendment to Land
Development Regulations Appendix "A" "Definitions" amending all definitions relating to
alcoholic beverages and enacting new definitions relating to alcoholic beverages; and
amending Section 4.3.3(V) "Uses Involving Alcoholic Beverages", in order to provide for a
definition of alcoholic beverage that is consistent with State Statutes and a distance limitation
between Stand Alone Bars, based upon positive findings with LDR Section 2.4.5(M).
Attachment: Proposed Amendment
\\misrv001\departments\planning & zoning\boards\p&z board\ldrstandalonebars.doc
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment Regarding Stand Alone Bars
Page 4
ORDINANCE NO. 42-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING APPENDIX "A", BY AMENDING ALL
DEFINITIONS RELATING TO ALCOHOLIC BEVERAGES AND
ENACTING SOME NEW DEFINITIONS RELATING TO ALCOHOLIC
BEVERAGES; AMENDING CHAPTER FOUR, "ZONING
REGULATIONS"; SECTION 4.3.3(V), "USES INVOLVING
ALCOHOLIC BEVERAGES", IN ORDER TO PROVIDE FOR A
DEFINITION OF ALCOHOLIC BEVERAGE THAT IS CONSISTENT
WITH STATE STATUTES AND A DISTANCE LIMITATION
BETWEEN STAND ALONE BARS; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission finds that the City has a substantial government interest in
regulating liquor under the police powers and under state law; and
WHEREAS, the City Commission has determined it to be in the public's best interest to
establish reasonable regulations for the location of stand alone bars throughout the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Appendix "A" be amended as follows:
ALCOHOLIC BEVERAGE ESTABLISHMENT: ........... ~"~'"~'""~"~* ~"~"~ ;~ ~
........ *~ .... *~' ..... ~¢~'o Any business or commercial establishment, whether open to
the public at larqe or entrance is limited by cover char.qe or membership requirements,
includinq those licensed by the state for sale and-or service of alcoholic beveraqes, which
include but are not limited to, any bar, stand alone bar, cocktail Ioun.qe, bottle club, hotel, motel,
restaurant, niqht club, country club, cabaret, and meetinq facility located in the City of Delray
Beach in which alcoholic beveraqes, beer or wine are, or are available to be sold, dispensed,
served, consumed, provided, possessed or offered for sale or consumption on the premises.
BOTTLE CLUB: A commemial establishment, operated for a profit, whether or not a
profit is actually made, wherein patrons consume alcoholic beveraqes which are brouqht onto
the premises and not sold or supplied to the patrons by the establishment, whether the patrons
brinq in and maintain custody of their own alcoholic beveraqes or surrender custody to the
establishment for dispensinq on the premises, and which is located in a buildinq or other
enclosed structure. This definition does not apply to sportin.q facilities where events sanctioned
by nationally reco.qnized re.qulatory athletic or sports associations are held or bona fide
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment Regarding Stand Alone Bars
Page 5
restaurants licensed by the Division of Hotels and Restaurants of the Department of Business
and Professional Requlation.
STAND ALONE BAR: Any licensed premises, includinq but not limited to: cocktail
Ioun.qes, bars, ni.qhtclubs, dance clubs, piano bars and ciqar bars devoted durinq any time of
operation predominantly or totally to servinq alcoholic beveraRes, intoxicatinq beveraqes, or
intoxicatinq liquors, or any combination thereof, for consumption on the licensed premises; in
which the servinq of food, if any, is merely incidental to the consumption of any such beveraqe;
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, inciudin.q any business for
which the sale of food or any other product or service is more than an incidental source of
qross 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.
Section 2. That Chapter Four, "Zoning Regulations", Section 4.3.3(V), "Uses Involving
Alcoholic Beverages", be, and the same is hereby amended to read as follows:
(V) Uses Involving Alcoholic Beverages: fT~ ~,~,.,; ....... ~..+; ........+.....+~,~
(1) Defined: For this subsection, alcoholic beverage is defined as:
Alcchc!!c k ............ *..;..; ...... *k..,. ~oL n~oL k,,, ....,
Distilled spirits and all beveraqes containing one-half of 1 percent (.05%)
or more alcohol by volume.
(2) Prohibitions by Frequency: The sale of alcoholic beverages for on-site
consumption shall be allowed as a principal use within .............. ~.~.u,.~;,, ......... ~ ...... '~ bar= stand alone
bars and as an accessory use in chartered private clubs and golf courses with the restriction
that:
(a) Not more than one vc.".dc; stand alone bar shall be located within
any one block ~'""*; ...... ,.~, ..... ;.. ,k~ k,,.,.u ;,~,~,~;.~,~, ........ ,k~ ctr~t, ~:mless-the
· ..-*-.k,;.k.......* ;~..~ .~. ,,.. ,; ..... .~ ...., ...... , .... ;,.,,-, ~..,, .......... ,...., ,..k,~.. nor within seven
hundred and fifty (750) feet of another stand alone bar measured from lot line to lot line alonq a
straiqht airline route.
~ The above restriction does not apply to a duly licensed qrocery store
which sells beer and wine in packa,qes for off-site consumption nor does it apply to a restaurant
which holds a special restaurant license issued by the Department of Business Requlations of
the State Division of Alcoholic Beveraqes and Tobacco.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment Regarding Stand Alone Bars
Page 6
(3) Prohibition by Proximity (Schools and Churches): Alcoholic beverages
shall not be sold at any establishment which is located within 300 feet of an established school
or church.
(a) With respect to schools, the 300' distance shall be measured
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 a part of the school facilities.
(b) With respect to churches, the 300' distance shall be measured
from the nearest point of the building of place of business, location, or establishment to the
nearest point of the church building or buildings.
(c) The 300' distance shall be measured in a straight line.
(d) The above restriction does not apply to a duly licensed grocery
store which sells beer and wine in packages for off-site consumption nor does it apply to a
restaurant which holds a special restaurant license issued by the Department of Business
Regulations of the State Division of Alcoholic Beverages and Tobacco.
(4) Bottle Clubs Prohibited: Bottle Clubs as defined in G~,~Gede-,~fie~
Appendix A are prohibited in all zone districts.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this __
,2003.
day of
A']-I'EST:
MAYO R
CITY CLERK
First Reading.
Second Reading
ORDINANCE NO. 42-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELI{AY
BEACH, AMENDING APPENDIX "A", BY AMENDING ALL
DEFINITIONS RELATING TO ALCOHOLIC BEVERAGES AND
ENACTING SOME NEW DEFINITIONS RELATING TO
ALCOHOLIC BEVERAGES; AMENDING CHAPTER FOUR,
"ZONING REGULATIONS"; SECTION 4.3.3(V), "USES
INVOLVING ALCOHOLIC BEVERAGES", IN ORDER TO
PROVIDE FOR A DEFINITION OF ALCOHOLIC BEVERAGE
THAT IS CONSISTENT WITH STATE STATUTES AND A
DISTANCE LIMITATION BETWEEN STAND ALONE BARS;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission finds that the City has a substantial government interest
in regulating liquor under the police powers and under state law; and
WHEREAS, the City Commission has determined it to be in the public's best interest to
establish reasonable regulations for the location of stand alone bars throughout the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Appendix "A" be amended as follows:
ALCOHOLIC BEVERAGE ESTABLISHMENT: me=ns =ny cctcbli=hmcn*. !ccctgd !n
........ +~ .... +~- ..... =~"~' Any business or commercial establishment whether open
to the public at larqe or entrance is limited by cover charqe or membership requirements,
includinq those licensed by the state for sale and-or service of alcoholic bevera.qes, which
include but are not limited to, any bar, stand alone bar, cocktail Ioun.qe, bottle club, hotel,
motel, restaurant, ni.qht club, country club, cabaret, and meetin.q facility located in the City
of Delray Beach in which alcoholic beveraqes, beer er wine are, or are available to be,
sold, dispensed, served, consumed, provided, possessed or offered for sale or
consumption on the premises.
BOTTLE CLUB: A commercial establishment, operated for a profit, whether or not
a profit is actually made, wherein patrons consume alcoholic beveraqes which are brought
onto the premises and not sold or supplied to the patrons by the establishment, whether
the patrons bring in and maintain custody of their own alcoholic beveraqes or surrender
custody to the establishment for dispensin.q on the premises, and which is located in a
buildinq or other enclosed structure. This definition does not apply to sportin.q facilities
where events sanctioned by nationally recognized regulatory athletic or sports associations
are held or to bona fide restaurants licensed by the Division of Hotels and Restaurants of
the Department of Business and Professional Requlation.
STAND ALONE BAR: Any licensed premises, includin.q but not limited to, cocktail
Ioun.qes, bars, nightclubs, dance clubs, piano bars and ci.qar bars, devoted during any time
of operation predominantly or totally to servinq alcoholic bevera.qes, intoxicatin.q
beveraqes, or intoxicatin.q liquors, or any combination thereof, for consumption on the
licensed premises, in which the servinq of food, if any, is merely incidental to the
consumption of any such beveraqe; 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, includinq 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 .qross revenue from the sale of food consumed on the licensed premises.
Section 2. That Chapter Four, "Zoning Regulations", Section 4.3.3(V), "Uses Involving
Alcoholic Beverages", be, and the same is hereby amended to read as follows:
(V) Uses Involving Alcoholic Beverages: /T~,,-, ;..,.....: ....... ~,~,; ......
extr ...................................................................
(1) Defined: For this subsection, alcoholic beverage is defined as:
2 ORD. NO. 42-03
Distilled spirits and all beveraqes containing one-half of 1 percent
(0.5%) or more alcohol by volume.
(2) Prohibitions by Frequency: The sale of alcoholic beverages for on-
site consumption shall be allowed as a principal use within ccc?.ta!! !cur. gc$ cr, d bom stand
alone bars and as an accessory use in chartered private clubs and golf courses with the
restriction that:
(a) Not more than one ':c~dc: stand alone bar shall be located
within any one block ~r,..,.,; .........
nor within seven hundred and fifty (750) feet of another stand alone bar measured from lot
line to lot line in a strai,qht line.
~b) The above restriction does not apply to a duly licensed ,qrocery
store which sells beer and wine in packages for off-site consumption nor does it apply to a
restaurant which holds a special restaurant license issued by the Department of Business
Regulations of the State Division of Alcoholic Bevera.qes and Tobacco.
(3) Prohibition by Proximity {Schools and Churches): Alcoholic
beverages shall not be sold at any establishment which is located within 300 feet of an
established school or church.
(a) With respect to schools, the 300' distance shall be measured
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 a part of the school facilities.
(b) With respect to churches, the 300' distance shall be measured
from the nearest point of the building of place of business, location, or establishment to the
nearest point of the church building or buildings.
(c) The 300' distance shall be measured in a straight line.
(d) The above restriction does not apply to a duly licensed grocery
store which sells beer and wine in packages for off-site consumption nor does it apply to a
restaurant which holds a special restaurant license issued by the Department of Business
Regulations of the State Division of Alcoholic Beverages and Tobacco.
(4) Bottle Clubs Prohibited: Bottle Clubs as defined in C!ty Ccde
Sect!ct, 112.18 Appendix A are prohibited in all zone districts.
3 ORD. NO. 42-03
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this __
,2003.
day
ATTEST:
MAYOR
CITY CLERK
First Reading.
Second Reading.
4 ORD. NO. 42-03
TO ALCOHOLIC BEVERAGES AND
ENACTING SOME NEW DEFINITIONS
RELATING TO ALCOHOLIC BEVERAGES;
SECTION 4,3,3(V), "USES INVOLVING
ALCOHOLIC BEVERAGES THAT IS
CONSISTENT WITH STATE STATUTES
AND A DISTANCE LIMITATION BETWEEN
STAND ALONE BARS"
The City Commission of the City of Delray Beach, Florida, proposes b~ adopt
the following ordinance:
ORDINANCE NO. 42-03
AN ORDINANCE OF 'n-lE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, AMENDING APPENDIX "A", BY
AMENDING ALL DEFINITIONS RELATING TO ALCOHOLIC BEVERAGES
AND ENACTING SOME NEW DEFINITIONS RELATING TO ALCOHOLIC
BEVERAGES; AMENDING CHAPTER FOUR, "ZONING REGULATIONS";
SECTION 4.3.3(V), "USES INVOLVING ALCOHOLIC BEVERAGES", IN
ORDER TO PROVIDE FOR A DEFINITION OF ALCOHOLIC BEVERAGE
THAT IS CONSISTENT WITH STATE STATUTES AND A DISTANCE
LIMITATION i~ETWEEN STAND ALONE BARS; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will ceuduct two (2) Public Hearings for the purpose of
accepUng public testimony regarding the proposed ordinance. The first Public
Hearing will be hem on T~II~SDAY. NOVEMBER 4. 200~. AT 7:00 P.M. in the
Commission Chambers at City Hail, 100 N.W. 1st Avenue, Delray Beach,
Florida. ff the proposed ordinance is passed on first reading, a second Public
Headng will be held on T~l=en~Y- NOV~=MBER 1~. ~lOO:~. AT 7:00 P.M. (or at
any continuation of such meeting which is set by the Commission).
NI in.rested citizens are invited to attend the public hearings and comment
upon the profx~esd ordinance or submit thei? comments in wlffing on or before
the date of these hearings to the Planning ~ Zoning DepartmenL For further
information or to obtain e copy of the proposed ordinar~e, p~ease contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida 33444 (emai! at zm il@ delra ach.corn) or by calling
561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MAURER CONSIDERED AT THES& HEARINGS, SUCH PERSON MAY NEED
TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY
DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S.
286.0105.
CITY OF DELRAY BEACH
Barbara Garito, CMC
City Clerk
PUBUSH: Monday, October 27, 2003
Wednesday, November 12, 2003
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS
AMENDING APPENDIX "A" BY
AMENDING ALI. DEFINITIONS RELATING
TO ALCOHOLIC BEVERAGES AND
ENACTING SOME NEW DEFINITIONS
RELATING TO ALCO,H, OLI C BEVERAGES;
SECTION 4.3.3(V), USES INVOLVING
ALCOHOLIC BEVERAGES THAT 'IS
CONSISTENT WITH STATE STATUTES
AND A DISTANCE LIMITATION BETWEEN
STAND ALONE BARS"
The City Commission sf the City of Delray Beach, Florida, proposes to adopt
the following ordinance:
ORDINANCE NO. 42-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH. FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS
OFTHE CITY OF DELRAY BEACH. AMENDING APPENDIX "A". BY
AMENDING ALL DEFINITIONS RELATING TO ALCOHOLIC BEVERAGES
AND ENACTING SOME NEW DEFINITIONS RELATING TO ALCOHOLIC
BEVERAGES AMENDING CHAPTER FOUR. "ZONING REGULATIONS":
SECTION 4.3.3(V), "USES INVOLVING ALCOHOLIC BEVERAGES",'IN
ORDER TO PROVIDE FOR A DEFINITION OF ALCOHOLIC BEVERAGE
THAT IS CONSISTENT WITH STATE STATUTES AND A DISTANCE
LIMITATION BETWEEN STAND ALONE BARS: PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Publh: Heedngs for the purpose of
accephng public testimony regarding the proposed ordinance. The first Public
Hearing will be held on TBESDAY. NOVEMBER 4. 2003. AT 7:00 P-M. in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue. Delray Beach,
Florida. If the proposed ordinance is passed on tirst reading, a second Public
Headng will be held on TtJESDAY_ NOVEMRFR I a. 2003. AT 7:00 P.M. [or at
any continuafio~ of such meeting which is set by the Commiss~onL
All interested citizens are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments in writing on or before
the date of these hearings to the Planning and Zoning Department. For further
information or to obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100~I.W. 1st Avenue, Delray
Beach. Flddda 33444 (email at pzmail @ mydelraybeach.com ) or by calling
561 ~243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday mrough
Friday, excluding holidays.
PLEASE BE ADVISED THAT,iF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THESE HEARINGS. SUCH PERSON MAY NEED
TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CiTY
DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S.
286.0105.
PUBLISH: Monday, October 27, 2003
Wednesday, November 12, 2003
Boca RatoWDelray Beach News
Ad,flqS100371
CITY OF DELRAY BEACH
Barbara Gadto, CMC
City Clerk