§ 5-5. Consumption, sale and service of alcoholic beverages within five hundred (500) feet of a church or school prohibited.

(a) No alcoholic beverages shall be sold or consumed or permitted to served or consumed within the corporate limits of the city at any place of business, location or establishment holding a valid license for the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulations within five hundred (500) feet of any real property that comprises an established church or private or public elementary, middle or secondary school; provided, however, that the above and foregoing shall not apply to a restaurant, as restaurant is defined in state law and section 5-2 herein, where alcoholic beverages are sold as a part of a meal served on the restaurant premises, to any duly licensed grocery store selling wines or beers in packages for consumption off the premises and the requirement for a five-hundred-foot distance shall not apply to wine and beer bars, to fraternal or civic organizations or to an artisanal production establishment.

(b) The distance of five hundred (500) feet shall be measured as follows:

(1) Pertaining to established schools. Five hundred (500) feet from the nearest point of the building of the place of business, location or establishment to the nearest point of the real property containing school facilities.

(2) Pertaining to established church. Five hundred (500) 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) Measurement. The distance of five hundred (500) feet shall be measured in a straight line.

(c) The requirements of this section shall not apply for bars and wine and beer bars located within the Downtown – Mixed Use (D-MU) Zoning District, provided that all other applicable requirements for the D-MU district are met.

(Ord. No. 2009-25, § 1, 10-20-09; Ord. No. 2009-29, § 1, 11-17-09; Ord. No. 2011-03, § 4, 3-1-11; Ord. No. 2020-04, § 3, 1-21-20;  Ord. No. 2022-46, § 1, 11-01-22)

Notation

Zoning, land use and development regulations, Ch. 23.