Section 110-171. Establishments serving alcoholic beverages.
(a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state department of business and professional regulation, division of alcoholic beverages and tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth in this subsection and also the following:
(1) The establishment shall not be within 300 feet of any existing church, schoolgrounds or playgrounds. Measurement shall be made from the main entrance of the establishment to the closest lot line of the church, schoolgrounds or playgrounds by following the shortest route to ordinary pedestrian travel along the public thoroughfare, street or road.
(2) The establishment of a vendor license by the state division of alcoholic beverages and tobacco permitting on-premises consumption of beverages shall not be located within 2,000 feet of another licensed establishment. The specific distance shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such establishment. Further, the establishment shall be in compliance with F.S. chs. 561 through 568. Provided, however, exceptions to this subsection are:
a. restaurants seating 200 or more persons.
b. hotels and motels with 50 or more guestrooms.
c. restaurants licensed by the state division of alcoholic beverages and tobacco for malt beverages only or malt beverages and wine only, provided the following are complied with:
1. The establishment shall have the capacity for and have in existence at least 25 seats for the serving of meals. No area within the establishment may be specifically designed for a bar or lounge operation.
2. Consumption of food and malt beverages or wine shall be on-premises only; however, food carryout without the alcoholic beverages may be permitted.
3. A restaurant licensed under this exception shall not derive less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold and consumed on the premises. The obligation to sell 51 percent food and nonalcoholic beverages is a continuing obligation. It is a violation of this zoning code to sell wine and malt beverages granted under this exception unless the restaurant has derived at least 51 percent of its gross income from the sale of food and nonalcoholic beverages. Such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12-month period. The owner of the restaurant shall submit a signed affidavit attesting to the compliance of the required percentage. Such affidavit shall be binding upon the owner of the restaurant. The owner shall also retain cash register receipts, guest checks and ledgers which may be reviewed at the request of the city to determine compliance. Failure to provide records requested shall be grounds for revocation of its occupational license and special exception granted under this section. The restaurant, if advertised, shall be advertised and held out to the public to be a place where meals are prepared and served.
4. Sale or consumption of malt beverages and wine shall be limited to the time period set by chapter 6.
d. Chapters or incorporated clubs or veteran's fraternal organizations conforming to F.S. § 565.02(4).
(3) Package retail sales of alcoholic beverages for carryout, except for beer and wine sales, shall comply with subsections (a)(1), (a)(4), (a)(5)a.3. and (a)(5)a.5. of this section only.
(4) One parking space shall be provided for each three seats or seating places. All seats or seating places, whether located within a restaurant area or a bar/lounge area, will be included in the calculation of the required number of parking spaces. Package retail sales establishments shall provide parking as determined by the building official, who shall use the ratios established in article IX of this chapter.
(5) Each application for a special exception shall be accompanied by a vicinity map, a site plan map and a building floor plan.
a. The vicinity map shall be drawn at a scale of one inch equals 400 feet and shall indicate the following information:
1. The outer boundary of the vicinity map, which shall be at least 2,500 feet from the centroid of the proposed establishment's property.
2. Location of all existing public streets between the proposed establishment and other establishments and land uses as described in subsections (a)(1) and (a)(2) of this section.
3. Location of all existing churches, schoolgrounds or playgrounds which are within the vicinity map area with specific distances to the proposed establishment affixed per subsection (a)(1) of this section.
4. Location of all establishments licensed by the state division of alcoholic beverages and tobacco, including package retail sales, which are within the required vicinity map area with specific distances to the proposed establishment affixed per subsection (a)(2) of this section.
5. Existing zoning for all properties within 300 feet to the property of the proposed establishment shall be indicated.
b. The site plan map shall be drawn at a scale not less than one inch equals 100 feet and shall indicate the following information:
1. Location and dimension of the proposed establishment's property lines, all existing and proposed structures, driveways, parking spaces and ingress/egress points.
2. The following information shall be presented in tabulated form:
ii. Number of restaurant seats.
iii. Number of bar/lounge seats.
iv. Building area.
v. lot area.
c. The building floor plan shall be of a scale appropriate for the establishment, but in no case shall the scale be less than one-eighth inch equals one foot and shall detail room layouts and exits.
(b) The special exception may be subject to cancellation by the board of adjustment if the board finds that the establishment has been detrimental to the health, safety, welfare and morals of the public and that all laws pertaining to the establishment's operation have not been complied with.
(c) For on-premises consumption of liquors, restaurants or cocktail lounges shall have a minimum building area of 2,000 square feet and a seating capacity of 100 patrons.
Secs. 110-172--110-190. Reserved.
ARTICLE V. NONCONFORMITIES