CITY COUNCIL AGENDA ITEM
Memo Date: 12/20/2024.
Agenda Date: 12/23/2024.
Prepared By: Jennifer Webster, Planner, City of Cocoa
Through: Stockton Whitten, City Manager
Requested Action:
title
Provide direction to staff to prepare an ordinance to update and amend Appendix A, Art XIII, Sec. 20 - Alcoholic Beverages.d
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BACKGROUND:
Currently, Appendix A, Zoning, Article XIII, Section 20 - Alcoholic Beverages, contains certain restrictions as to the location of the on-premise sale and consumption of alcoholic beverages containing more than one percent (1%) alcohol by weight where the proposed premises is within three hundred (300) feet of an established school, church or residential zone. In addition, no church or school shall be granted a license or be permitted to begin operations where the proposed church or school is within three hundred (300) feet of an established premises which is licensed for the sale and on-premise consumption of alcoholic beverages containing more than one percent (1%) alcohol by weight. Such distances are currently measured “by a straight line from the nearest point of the building or portion of a building which is the proposed premises, to the nearest point of the building or portion of a building which is the established premises.” There are currently no required minimum distances between premises selling alcoholic beverages and the building line of a school, church or residential zone when the premises is located in the CBD [district], located within a shopping center building of twenty thousand (20,000) square feet or more, or is licensed strictly for off-premise consumption, such as grocery stores, convenience stores, liquor stores, etc.
The City Council may direct staff to commence the process of amending Appendix A, Art XIII, Sec. 20 - Alcoholic Beverages, primarily to do the following:
• Add a new minimum three hundred (300) foot distance requirement between locations for off-premise consumption of alcoholic beverages, specifically liquor stores and package stores selling beer and wine, and parks and playgrounds, schools, churches, or residential zones. Grocery stores and convenience stores shall not be subject to such separation requirements.
• Add parks and playgrounds to the existing list of uses with three hundred (300) foot distance requirements between locations for on-premise consumption of alcoholic beverages.
• Revise the method of measurement between properties for determining the distances between them with respect to the City’s alcoholic beverage regulations. A proposed revision would include that the distance be measured by drawing a straight line between the closest property lines of the respective properties used for the above purposes.
• Update the Code to be consistent with Section 562.45(2)(a), Florida Statutes, which provides that “...a location for on-premises consumption of alcoholic beverages may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location as promoting the public health, safety, and general welfare of the community” This would apply at minimum to those businesses that fall under the definition of BARS AND LOUNGES, among other possible uses.
Staff believes that implementing these changes in order to maintain appropriate separation of these uses is in the best interest of the public health, safety, and general welfare of the City of Cocoa. Should the City Council provide such direction, staff shall further study the issues and present a full staff report, proposed legislative findings, and ordinance for the City Council’s consideration at public hearings. Staff may make further recommended changes to Section 20 upon further review.
A motion to direct staff as recommended below shall constitute legislation in progress and provides notice to the public that the City is developing one or more ordinances to amend the City’s zoning regulations relating to alcoholic beverages and to inform all interested parties that all applications will be subject to the amendments that are in progress. Staff will promptly evaluate and present an ordinance for the Planning & Zoning Board’s and City Council’s consideration as soon as possible.
PRIORITY AREA CONNECTION:
Public Safety/Community Standards.
BUDGETARY IMPACT:
Budgeted N/A
If not budgeted, is amendment/transfer attached? N/A
PREVIOUS ACTION:
N/A
RECOMMENDED MOTION:
Recommendation
APPROVE direction to staff to prepare an ordinance to amend Appendix A, Art XIII, Sec. 20 - Alcoholic Beverages, to at a minimum:
• Update the Code to be consistent with F.S. 562.45 regarding the 500-foot distancing requirements from public or private elementary schools, middle schools, or secondary schools and locations for on-premises consumption of alcohol;
• Impose a minimum 300-foot separation distance between liquor stores/package stores (which shall not include grocery stores or convenience stores) and schools, churches, parks and playgrounds, and residential zones;
• Impose a minimum 300-foot separation distance between locations for on-premise consumption of alcohol and parks and playgrounds; and
• Amend the method of measuring separation distances under Appendix A, Art. XIII, Sec. 20 - Alcoholic Beverages
AND APPROVE direction to staff not to issue permits or Business Tax Receipts, or approve applications for building permits, development orders, or other land use permits within the City which would conflict with the pending amendments.