title
ALCOHOLIC BEVERAGE ESTABLISHMENTS SPACING REQUIREMENTS BETWEEN a PLACE OF RELIGIOUS ASSEMBLY AND PUBLIC OR PRIVATE SCHOOL (B)
Ordinance No. 110522, Petition No. PB-11-123TCH
An ordinance of the City of Gainesville, Florida, amending Section 30-105 of the Land Development Code by repealing the spacing requirement between an established place of religious assembly or a public or private school and an alcoholic beverage establishment located in the Central City District zoning district and the Tourist-Oriented Business zoning district; providing directions to the City Manager; providing directions to the codifier; providing a severability clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
STAFF REPORT
Recently a place of religious assembly opened a center in the downtown entertainment district on Main Street. Based on concerns from downtown business owners, staff reviewed the code issues and the impact related to a place of religious assembly locating in downtown near restaurants (eating places) and alcoholic beverage establishments.
The code provision of concern is Section 30-105 which states that no alcoholic beverage establishment may be located within 300 linear feet of an established place of religious assembly. To understand the impact of this provision on the downtown, the Code defines an eating place as, "any use located in any structure or building or portion thereof where the use primarily involves the retail sale, which may include caterers and industrial and institutional food service establishments, of food and beverage which may include alcoholic beverages, for consumption on the premises and where at least 51 percent of the monthly gross revenues derived from such use are attributable to the sale of food and nonalcoholic beverages."
In discussing this issue with legal staff, one possible solution would be to eliminate the spacing require...
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