Loading...
Ord 44-03ORDINANCE NO. 44-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DF.I.RAY BEACH, AMENDING CHAI:rrER 113, "ALCOHOLIC BEVERAGES", SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS", SUBSECTION (A) "DEFINITIONS", IN ORDER TO PROVIDE FOR THE INCLUSION OF STAND ALONE BARS IN THE DEFINITION OF ALCOHOLIC BEVERAGE ESTABLISHMENT; AMENDING SUBSECTION (C) IN ORDER TO PROVIDE FOR A DISTANCE OF TWO HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC BEVERAGE ESTABLISHMENT AND ANY ESTABLISHMENT PERMITTING NUDITY; 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 has determined it to be in the public's best interest to establish reasonable regulations tegaxding alcoholic beverage establishments throughout the City; and WHEREAS, the City Commission enacts this ordinance in the interest of the public health, peace, safety morals and general welfare of the citizens of De[ray Beach, Florida, pursuant to Article VIII, Sections 2Co) and (5), of the Floxida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; and WHEREAS, the City has determined that the restrictions contained herein are necessary to avoid disturbances associated with mixing alcohol and nude or partially nude dancing and exhibitions; and WHEREAS, the City Commission determines that mixing alcohol and nude or partially nude dancing and exhibitions encourages undesirable behavior; and WHEREAS, the City relies on the materials referenced in Ordinance No. 30-98, as amended by Ordinance No. 43-03, and the experience in other ciries as to the secondary effects of the combination of alcohol and nudity or partial nudity; and WHEREAS, the City relies on the cases of Barnes v. Glen Theatre. Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 LEd. 2d 504 (1991); City. of Erie v. Pap's A.M., 529 U.S. 27, 120 S.Ct. 1302, 146 L.Ed. 2d 265 (2000); California v. LaRue, 409 U.S. 109, 93 S.Ct. 390, 34 LEd. 2d 342 (1972); 44 Liquormart. Inc. v. Rhode Island, 116 S.Ct. 1495, 134 LEd. 2d 711 (1996); Flanigan Enterprises, Inc. v. Fulton County, 242 F.3d 1976 (11th Cir. 2001) and; WHEREAS, the City also relies on the cases of City of Daytona Beach v. Del Percio, 476 So.2d 197 (Fla. 1985); Fillin? v. Boone, 835 F.2d 1389 (11m Cir. 1988); Geaneas v. Willets, 911 F.2d 579 (11th Cir. 1990); Sammy's of Mobile. Ltd. V. City of Mobile, 140 F.3d 993 (11'~ Cir. 1998); New York State Liquor Authority v. Bellanca, 452 U.S. 714, 101 S.Ct. 2599 (1981); City. of Newport v. Iacobucci, 479 U.S. 92, 107 S.Ct. 383 (1986) reversed: 479 U.S. 1047, 107 S.Ct. 913 (1986) and; WHEREAS, the City Commission finds that the City has a substantial government interest in regulating liquor under the City's Police Powers; State Constimrion and under State law and that the incidental restrictions on First Amendment activity are no greater than necessary to further that interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DI~,I.RAY BEACH, FLORIDA: Section 1. That Chapter 113, "Alcoholic Beverages", Section 113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", Subsection "Definitions", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: (A) De fmirions. Alwholic Bemrage Establishment: Any business or commercial establishment, whether open to the public at large or entrance is limited by cover charge or membership requirements, induding those licensed by the State for sale and-or service of alcoholic beverages, which include but are not limited to, any stand alone bar. bottle club, hotel, motel, restaurant, night dub, country dub, 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. Section 2. That Chapter 113, "Alcoholic Beverages", Section 113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", Subsections (C) and 2 ORD. NO. 44-03 (D) of the Code of Ordinances of the City of Delray Beach, be, and the same are hereby amended as follows: (C) No alcoholic beverage establishment may be located within two hundred (.20~ feet of any parcel of land upon which an establishment permi~ng nudity or partial nudity is located .... ~- ~ ..... a ..-'.L: ...... ~..._.a__a ~:r~- rnenx c .... c ........ ~ -c ,-- ~ ~r .................. cv~agc ..................... excent e estabhs ent permitting nudity, or partial nudity, is separated from an alcoholic beverage establishment by a Ruilroad Con-idor or an Medal Roadway as the width of the Raikoad Corridor and/or Arterial Roadway shall be deemed a snffleient separation. iT)) For purposes of the above division (C), distance shall be by airline measurement from property line to property line using the closest property lines of the parcels of land involved. The term parcel of land means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a lot or which has been used or developed as a lot. 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 finM reading. /r/}. _PASS, ED AND ADOPTED in reg~fiar session on second and final reading on this o f ~//~&te.7 ,2003. CITY CLERK First Reading~tP:./o Second Readin~ day 3 ORD. NO. 44-03 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM $$ lC) ~ - REGULAR MEETING OF DECEMBER 2. 2003 ORDINANCE NO. 44-0~ NOVEMBER 26, 2003 This is second reading and second public heating for Ordinance No. 44-03 amending Chapter 113, "Alcoholic Beverages", of the City Code of Ordinances, Section 113.20 "Prohibition of Nudity, Partial Nudity and Sexual Conduct at Alcoholic Beverage Establishments" to change distance limitations and include Stand Alone Bars. At the first reading on November 18, 2003, the Commission passed Ordinance No. 44-03. Recommend approval of Ordinance No. 44-03 on second and final reading. & \CJty Cle~\agencla mem~.Otd 44-03.1nclmion of Stand Alone Ban. 1ZOZ03 rlTY OF I]ELAI3Y BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wdter's Direct Line: 561/243-7c90 DATE: MEMORANDUM November12,2003 TO: FROM: City Commission David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney SUBJECT: Acoholic Beverage Establishments and Nudity Attached is Ordinance 44-03, which amends Section 113.20 of our Code of Ordinances. The proposed amendment changes the current distance requirement between adult entertainment establishments and alcoholic beverage establishments from seven hundred and fifty (750) feet to two hundred (200) feet with exception for alcoholic beverage establishments that are separated from adult entertainment establishments by a Railroad/Corridor or an Arterial Roadway as the width of the Railroad/Corridor and/or Arterial Roadway is a sufficient separation. The manner of measurement is a straight airline measurement from property line to property line. Also, the ordinance has been updated by including additional case law regarding public nudity, alcohol, and zoning. Please place the ordinance on the agenda for first reading. Please let me know if you have any questions (7090). Thanks. TCP:smk Attachments ORDINANCE NO. 44-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DRI.RAY BEACH, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS", SUBSECTION (A) "DEFINITIONS", IN ORDER TO PROVIDE FOR THE INCLUSION OF STAND ALONE BARS IN THE DEFINITION OF ALCOHOLIC BEVERAGE ESTABLISHMENT; AMENDING SUBSECTION (C) IN ORDER TO PROVIDE FOR A DISTANCE OF TWO HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC BEVERAGE ESTABLISHMENT AND ANY ESTABLISHMENT PERMi 1'1 lNG NUDITY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPE~I.RR 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 has determined k to be in the public's best interest to establish reasonable regulations regarding alcoholic beverage establishments throughout the City; and WHEREAS, the City Commission enacts this ordinance in the interest of the public health, peace, safety morals and general welfare of the citizens of Delray Beach, Florida, pursuant to Article VIII, Sections 2(b) and (5), of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; and WHEREAS, the City has determined that the restrictions contained herein are necessary to avoid disturbances associated with mixing alcohol and nude or parfiully nude dancing and exhibitions; and WHEREAS, the City Commission determines that mixing alcohol and nude or parfiully nude dancing and exhibitions encourages undesirable behavior; and WHEREAS, the City relies on the materials referenced in Ordinance No. 30-98, as amended by Ordinance No. 43-03, and the experience in other cities as to the secondary effects of the combination of alcohol and nudity or partial nudity; and WHEREAS, the City relies on the cases of Barnes v. Glen Theatre, 1[I05., 501 U.S. 560, 111 S.Ct. 2456, 115 LEd. 2d 504 (1991); City of Erie v. Pap's A.M., 529 U.S. 27, 120 S.Ct. 1302, 146 L. Ed. 2d 265 (2000); California v. La_Rue, 409 U.S. 109, 93 S.Ct. 390, 34 L. Ed. 2d 342 (1972); 44 Liquormart. Inc. v. Rhode Island, 116 S.Ct. 1495, 134 L. Ed. 2d 711 (1996); Fla~ Ente~rises. Inc. v. Fulton County, 242 F.3d 1976 (11°' Cir. 2001) and; WHEREAS, the City also relies on the cases of City of Daytona Beach v. Del Percio, 476 So.2d 197 (Fla. 1985); Fillingim v. Boone. 835 F.2d 1389 (11'h Cir. 1988); Geaneas v. Willets, 911 F.2d 579 (11* Cir. 1990); Sammy's of Mobile. Ltd. V. City of Mobile, 140 F.3d 993 (11e~ Cir. 1998); New York State Liquor Authority v. Bellanca. 452 U.S. 714, 101 S.Ct. 2599 (1981); City. of Newport v. Iacobu¢~i, 479 U.S. 92, 107 S.Ct. 383 (1986) reversed; 479 U.S. 1047, 107 S.Ct. 913 (1986) and; WHEREAS, the City Commission finds that the City has a substantial government interest in regulating liquor under the City's Police Powers; State Constitution and under State law and that the incidental restrictions on First Amendment activity are no greater than necessary to further that interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.I1.Ay BF.,ACH, FLORIDA: Section 1. That Chapter 113, "Alcoholic Beverages", Section 113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", Subsection (A) "Definitions", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: (A) Definitions. Almholic Bemrage Establishment: Any business or commercial establishment, whether open to the public at large or entrance is limited by cover charge or membership requirements, including those licensed by the State for sale and-or service of alcoholic beverages, which include but are not limited to, any stand alone bar. bottle dub, hotel, motel, restaurant, night club, country club, cabaret, and meeting facility located in the City of Dehay 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. ~ That Chapter 113, "Alcoholic Beverages", Section 113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", Subsections (C) and 2 ORD. NO. 44-03 (D) of the Code of Ordinances of the City of Delray Beach, be, and the same are hereby amended as follows: (C) No alcoholic beverage establishment may be located within two hundred (200) feet of any parcel of land upon which an establishment permitting nudity or partial nudity is located ~.~y ........ t:_~ __ -~__u_,:_ u~cvczagc .... m:_t .... :_ ~ ..... a if the establishment permitting nudity or partial nudity is separated from an alcoholic bevera_ee establishment by a Railroad Comdor or an Arterial Roadway as the width of the Railroad Corridor and/or Arterial Roadway shall be deemed a sufficient separation. (D) For purposes of the above division (C), distance shall be by airline measurement from property line to property line using the closest property lines of the parcels of land involved. The term parcel of land means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a lot or which has been used or developed as a lot. 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 jnri~diCfiOn to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part dechred 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. of PASSED AND ADOPTED in regular session on second and final reading on this ,2003. day AT[EST: MAYOR CITY CLERK First Reading Second Reading 3 ORD. NO. 44-03 N ADULT ENTERTAINMENT ESTABLISHMENTS - AVAILABLE LOCATIONS [ITY OF DELRI1Y BER[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7090 ~l.k~mica City 1993 DATE: TO: FROM: MEMORANDUM October 30, 2003 City Commission David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney SUBJECT: Alcoholic Beverage Establishments and Nudity Attached is Ordinance 44-03, which amends Section 113.20 of our Code of Ordinances. The proposed amendment changes the current distance requirement between adult entertainment establishments and alcoholic beverage establishments from seven hundred and fifty (750) feet to two hundred (200) feet with exception for alcoholic beverage establishments that are separated from adult entertainment establishments by a Railroad/Corridor or an Arterial Roadway as the width of the Railroad/Corridor and/or Arterial Roadway is a sufficient separation. The manner of measurement has been changed from a straight airline measurement to being measured by following the shortest route of ordinary pedestrian travel along ordinary thoroughfares from the main entrance of the alcoholic beverage establishment to the main entrance of the establishment permitting nudity. Also, the ordinance has been updated by including additional case law regarding public nudity, alcohol, and zoning. Please place the ordinance on the agenda for first reading. Please let me know if you have any questions (7090). Thanks. TCP:smk Attachments ORDINANCE NO. 44-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS", SUBSECTION (A) "DEFINITIONS", IN ORDER TO PROVIDE FOR THE INCLUSION OF STAND ALONE BARS IN THE DEFINITION OF ALCOHOLIC BEVERAGE ESTABLISHMENT; AMENDING SUBSECTIONS (C) AND (D) IN ORDER TO PROVIDE FOR A DISTANCE OF TVVO HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC BEVERAGE ESTABLISHMENT AND ANY ESTABLISHMENT PERMITTING NUDITY; 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 has determined it to be in the public's best interest to establish reasonable regulations regarding alcoholic beverage establishments throughout the City; and WHEREAS, the City Commission enacts this ordinance in the interest of the public health, peace, safety morals and general welfare of the citizens of Delray Beach, Florida, pursuant to Article VIII, Sections 2(b) and (5), of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; and WHEREAS, the City has determined that the restrictions contained herein are necessary to avoid disturbances associated with mixing alcohol and nude or partially nude dancing and exhibitions; and WHEREAS, the City Commission determines that mixing alcohol and nude or partially nude dancing and exhibitions encourages undesirable behavior; and WHEREAS, the City relies on the materials referenced in Ordinance No. 30-98, as amended by Ordinance No. 43-03, and the experience in other cities as to the secondary effects of the combination of alcohol and nudity or partial nudity; and WHEREAS, the City relies on the cases of Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 LEd. 2d 504 (1991); City of Erie v. Pap'sA.M., 529 U.S. 27, 120 S.Ct. 1302, 146 L.Ed. 2d 265 (2000); California v. LaRue, 409 U.S. 109, 93 S.Ct. 390, 34 LEd. 2d 342 (1972); 44 Liquormart, Inc. v. Rhode Island, 116 S.Ct. 1495, 134 LEd. 2d 711 (1996); Flanigan Enterprises, Inc. v. Fulton County, 242 F.3d 1976 (11th Cir. 2001) and; WHEREAS, the City also relies on the cases of City of Daytona Beach v. Del Percio, 476 So.2d 197 (Fla. 1985); Fillin.qim v. Boone, 836 F.2d 1389 (11th Cir. 1988); Geaneas v. Willets, 911 F.2d 579 (11th Cir. 1990); Sammy's of Mobile, Ltd. V. City of Mobile, 140 F.3d 993 (11th Cir. 1998); New York State Liquor Authority v. Bellanca, 452 U.S. 714, 101 S.Ct. 2599 (1981); City of Newport v. lacobucci, 479 U.S. 92, 107 S.Ct. 383 (1986) reversed; 479 U.S. 1047, 107 S.Ct. 913 (1986) and; WHEREAS, the City Commission finds that the City has a substantial government interest in regulating liquor under the City's Police Powers; State Constitution and under State law and that the incidental restrictions on First Amendment activity are no greater than necessary to further that interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 113, "Alcoholic Beverages", Section 113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", Subsection (A) "Definitions", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: (A) Definitions. Alcoholic Beverage Establishment: Any business or commercial establishment, whether open to the public at large or entrance is limited by cover charge or membership requirements, including those licensed by the State for sale and-or service of alcoholic beverages, which include but are not limited to, any stand alone bar, 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. Section 2. That Chapter 113, "Alcoholic Beverages", Section 113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", Subsections (C) and (D) of the Code of Ordinances of the City of Delray Beach, be, and the same are hereby amended as follows: 2 ORD, NO. -03 (C) No establishment permitting nudity or partial nudity may be located within ................... j ~, ....~ .... two hundred (200) feet of any parcel of land upon which an alcoholic beverage establishment is Iocated~ except if the establishment permitting nudity or partial nudity is separated from an alcoholic beverage establishment by a Railroad/Corridor or an Arterial roadway as the width of the Railroad/Corridor and/or Arterial Roadway shall be deemed a sufficient separation. (D) For purposes of the above division (C), distance shall be by--air, ne ..... ~o cf P'"'~; .... ~"-"~ measured by following the shortest route of ordinary pedestrian travel alonq ordinary thoroughfares from the main entrance of the alcoholic beverage establishment to the main entrance of the establishment permitting nudity or partial nudity, The term parcel of land means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a lot or which has been used or developed as a lot. 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. of PASSED AND ADOPTED in regular session on second and final reading on this __ ,2003. day ATTEST: MAYOR CITY CLERK First Reading Second Reading. 3 ORD. NO. -03 CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY. SEXUAL CONDUCT .AT ALCOHOLIC BEVERAGE ESTABLISHMENTS" SUBESECTION (A) "DEFINITIONS", IN ORDER TO PROVIDE FOR THE INCLUSION OF STAND ALONE BARS IN THE DEFINITION OF ALCOHOLIC BEVERAGE ESTABLISHMENT; AMENDING SUBSECTIONS C AND D)IN ORDER TO PROVIDE FOR A (~I~TAN~E OF. TWO HUNDRED i~)-FEET BETWEEN ANY ALCOHOl:lC BEVEl(AGES ESTABLISHMENT AND ANY ESTABLISHMENT PERMII'rlNG NUDITY The City Commission of b~e City of Datray Beach, Florida, ~ to adopt the following ordinance: ORDINANCE NO. 44-03 OF THE CITY COMMISSION OF THE CITY OF DELRAY BEA,~H, FLORIDA, AMENDING THE CODE OF ORDINANCES ~F THE CITY OF D ,~E~Y~ BEA H, ·IENDING CHAPTER 113, "ALCOHOLIC BEVERAGES, SECTION 113.2~, PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL CQNDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS". SUBSECTION (A) 'DEFINITIONS", IN ORDER TG PROVIDE FOR THE INCLUSION OF STAND ALONE BARS IN THE DEFINITION OF ALCOHOLIC BEVERAGE ESTABLISHMENT; AMENDING SUBSECTIONS lC) AND (D) IN ORDER TO PROVIDE FOR A DISTANCE OF TWO HUNDRED (200) FEET B~EN ANY ALCOHOMC BEVERAGE ESTABLISHMENT AND ANY ESTABLISHMENT PERMITTING NUDITY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. testimony mga~:ling tt',e proposed o~linance. The first Public Readng witl be be~ on ~[UESDAy. i~i=R 4. 2~. AT 7:~ pJ~. in Ihe Commission Che~ at C~/Hall, 100 N.W. 1st Avenue, Delray Beach. Flmida. if tbe Proposed ordinance is Passed c'rHirst reading' e' sece~d Public Heaing ~ be he~ on 13JESDA¥. NOVEMBER 18. 2~ AT 7'~ P.flL (or at any co~nuation of sach ~ting which is set by rne Commission). planning and Zoning O~lment. For Ita~ icfonnaticn or te Do'un a c~py ordiname, please contact the Planning and Zoning Oepafmmnt, CE'/ Hall, 100 N.W. 1at Avenue, Batray Beach, Flmida.33444 (email at ~ ) a' oy ca~ling 561~4-3-7040), belween the beu~ of 8:00 a.m. and '5:00 p.m.i Monday lhrough Friday, excluding BY THE C~ COaU~SS~ON VATH ~.S_PECT TO ~,Y, BASED. THE CITY DOES NOT PROVIDE NOR pREPARE SUCH F.S, 286,0105. . CITY OF DELRAY BEACH I Wedneeday ...... ,., CITY OF DELRAY BEACH TOTHE LAND DEVELOPMENT REGULATIONS AMENDING CHAPTER 1,13. "ALCOHOUC BEVERAGE~. SECTION 113~0, "l=ROflBrlK~ OF NIJl:)r~. ~ NUDITY, SEXUAL CONDUCT AT ALCOHOEC BEVERAGE (A) "DERNFnON~'. IN ORDERTO PROVIDE FOR THE INCLUSION OF STAND ALONE BARS IN THE DEFINITION OF ALCOHOUC BEVERAGE ESTABMSHMENT; AMENDING SUBSECTION (C) IN ORDERTO PROVIDE FOR A DISTANCE OFTWO HUNDRED (200) FEET BETWEEN ANY ALCOHOUC BEVERAGE F__STABUSHMENT AND ANY IE~I~[JSi4~ PB~NIR3~ NLI~TY U~ugh R~day. ex~ua~g hoadays.