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ORDINANCE NO. 0-05-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY
CODE SECTION 10-1 CONCERNING SALE OF ALCOHOL WITHIN
PROXIMITY OF SCHOOLS AND CHURCHES; PROVIDING FOR CONFLICTS,
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the City has adopted a Comprehensive Growth Management Plan, a
Community Redevelopment Plan, and other policies governing future development and
redevelopment in the City; and
WHEREAS, the ability of local governments to regulate the placement of churches and
schools has been increasingly restricted by state and federal laws, particularly the federal
Religious Land Use and Institutionalized Persons Act of 2000; and
WHEREAS, restaurants are acknowledged as a focal point for redevelopment and
economic development efforts; and
WHEREAS, the lack of control over the location of these school and church facilities, in
conjunction with restrictions on the sale of alcoholic beverages in proximity to such facilities,
hinders the ability of the City to plan and control redevelopment and economic development; and
WHEREAS, a limited modification of these restrictions will protect the public interest
while allowing such desirable redevelopment;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AMENDMENT. That section 10-1 of the Code of Ordinances, City of
Sebastian, Florida, is hereby amended to read as follows:
Sec. 10-1. Sales of liquor near churches and schools restricted.
(a) It shall be unlawful for any person to sell alcoholic beverages at wholesale or
retail from any building or establishment which is located within a distance of 450 feet
from a church or school.
(b) No permit or license shall be issued which allows the sale of alcoholic
beverages to occur from any building or establishment which is located within a distance
of 450 feet from any church or school.
(c) The term "alcoholic beverages," as used in this section shall be taken to
include the words "distilled spirits" and shall extend to and include all spirituous beverages
created by distillation and by mixture of distilled beverages by what is commonly termed
blending, and shall include beer, malt beverages or wine, as defined in the state beverage
law. (F.E. ~ ~81.QI et sell.). The term "church" or "schoo]" as used in this section shall
have its commonlv-understood meaninl!. but shall be limited to those establishments
meetinl! in a free-standinl! buildinl! in a sinl!le use site of a minimum size of one-half acre.
(d) The restrictions contained in this section shall not apply to a person or
establishment holding a current and valid permit or license to sell alcoholic beverages in
the city from its present location.
Section 2.
Section 3.
CONFLICT. All code provisions in conflict herewith are repealed.
SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be
affected and it shall be presumed that the City did not intend to enact such invalid provision. It
shall further be assumed that the City would have enacted the remainder of this Ordinance
without said invalid provision, thereby causing the same to remain in full force and effect.
Section 4.
EFFECTIVE DATE. This Ordinance shall be effective upon passage.
The foregoing Ordinance was moved for adoption by Councilmember N e g 1 i a
The motion was seconded by Councilmember Coy and, upon being put to a
vote, the vote was as follows:
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Councilmember Lisanne Monier
Councilmember Andrea Coy
Councilmember Sal Neglia
The Mayor thereupon declared this Ordinance
Apri 1 ,2005.
aye
aye
riay
aye
aye
duly passed and
adopted this 27th day of
<<)7J~
ATTEST:
By:
Approved as to form and legality for
reliance by the City of Sebastian only:
_1<;~ ~~ -
Rich Stringer, City PI. orney