0689 Restricting Where Alcohol may be Sold ORDINANCE NO. 689
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA
RESCINDING SECTION 3.3 OF THE CODE OF ORDINANCES; ADOPTING
A REVISED SECTION 3.3; DESIGNATING THAT THE DISTANCE AND
LOCATIONS OF AN ESTABLISHMENT THAT SELLS ALCOHOLIC
BEVERAGES FROM ANY CHURCH, SCHOOL, OR DAY CARE CENTER
BE DETERMINED AND CALCULATED ACCORDING TO THE FUTURE
LAND USE MAP DESIGNATIONS WITHIN THE CITY; PROVIDING FOR
MEASURING THE DISTANCES BETWEEN SUCH USES; RESTRICTING
EXPANSION OR RE- ESTABLISHMENT OF EXISTING BUSINESSES
THAT SELL ALCOHOLIC BEVERAGES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Be it ordained by the City Council of the City of Okeechobee, Florida that Section 3 -3 of
the Code of Ordinances be rescinded and the revised section read as follows:
Section 3 -3 Code of Ordinance. Distance from church. school or day care center.
a) No place of business for the sale of alcoholic beverages on lands designated as
commercial or industrial on the future land use map of the City of Okeechobee, Florida
shall be located within one hundred (100) feet of property owned or utilized by any
established church, school or day care center;
b) No place of business for the sale of alcoholic beverages located on any other land
use designation of the future land use map of the City of Okeechobee, Florida shall be
located within seven hundred (700) feet of property owned or utilized by any established
church, school or day care center;
c) The distance shall be measured along a straight line from the front door of said
business to the front door of said church, school or day care center. Each church, school,
day care center and business selling alcoholic beverages shall permanently designate to
the City the sole front door upon which the distance measurement shall be based.
d) This section shall not apply to any business establishment presently operating
under a valid City occupational license and located closer than the restricted distances to
any church, school or day care center.
e) Any existing business establishment selling alcoholic beverages, and operating
under a valid City occupational license, which is located closer to a church, school ro day
care center than as provided herein, shall not hereafter be permitted to expand or enlarge
the existing square footage of the building.
f) Any existing business establishment selling alcoholic beverages which is located
closer to a church, school or day care center than as provided herein may continue such
use so long as the owner or occupant holds a valid City occupational license and alcoholic
beverage license from the State of Florida. However, once the business is sol or
transferred, and another use is made of the location, such located shall not thereafter be
re- established for the sale of alcoholic beverages, unless in compliance with this
ordinance.
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Severabilitv Clause: Should any provision or section of this ordinance or the regulations
adopted by reference and attached to this ordinance be held by a court of competent
jurisdiction to be unconstitutional and invalid, such decision shall not affect the validity of
the ordinance of the regulations as a whole, or any part thereof, other an the part so
declared to be unconstitutional or invalid.
This ordinance shall take effect upon adoption by the City Council.
Introduced for first reading and set for final public hearing this 6th day of August
1996.
U i
t James. E. Kirk
MAYOR
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Bonnie S. Thomas, CMC
City Clerk
Passed and adopted on section reading and final public hearing this 20th day of
August 1996.
0
Jarr1es E. Kirk
MAYOR
:ATTEST: EST:
'BoPnie S. Thorrias, CMC
CIT<tCLERK
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