§ 5-26. Distance between establishments.

(a)

Under the power and right to zone areas in which the sale of alcoholic beverages is prohibited or permitted within the city limits, the sale of alcoholic beverages under authority of a state license issued under the provisions of F.S. §§ 563.02(1)(b), 564.02(1)(b) and 565.02(1)(a) and (b), other than special licenses for hotel and restaurant bars, is prohibited in any place of business located within three hundred (300) feet of another place of business in which there is already in existence a retail vendor's license to sell alcoholic or intoxicating beverages for consumption on or off the premises, under authority of a state license issued under the provisions of F.S. § 565.02(1)(a) and (b), such distance to be measured from main normal public entrances along public thoroughfares by the shortest route of ordinary pedestrian traffic; nor shall a new place of business for the sale of alcoholic or intoxicating beverages for consumption on or off the premises under authority of license issued under state law be permitted at such location during the period in which a valid existing state license is renewable at such location, nor shall an existing state license be permitted to be transferred from location to location so as to violate such area zoning distances between places selling alcohol or intoxicating liquors; provided, however, that the owners and holders of any such licenses, either originally or by transfer, at the time of the passage of the act of the state legislature repealing the power of municipalities to issue such licenses, who have obtained state licenses to operate such business at the same locations, shall have a vested right to use such state licenses at such locations within the prohibited distance, but may not move such state license to a new location in violation of this section.

(b)

For dining rooms or restaurants where the sale and service of alcoholic or intoxicating beverages is incidental to the sale and service of food and for hotels with fifty (50) rooms or more, the board of adjustment is authorized to grant special exceptions to the distance requirements as established by (a) above where the board finds that such special exception will not be contrary to the public interests. The application for a special exception and the processing and hearing upon such application shall be in accordance with section 47-31.

(Code 1953, § 5-6; Ord. No. C-73-11, § 1, 2-6-73; Ord. No. C-73-63, § 1, 6-19-73; Ord. No. C-73-94, § 1, 8-6-73; Ord. No. C-74-135, § 1, 12-17-74; Ord. No. C-75-91, § 1, 9-16-75)