§ 5-27. Distances of establishments from church or school.

(a)

Under the power and right to zone areas in which the sale of alcoholic beverages is prohibited or permitted, it is hereby established that the sale of alcoholic or intoxicating 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 five hundred (500) feet from any established church, or public or private school, other than a pre-kindergarten school, nursery school or day care center, or adult education center, measured from the main normal public entrance of the alcoholic beverage establishment to the nearest point of the church or school property used as part of such facility along public thoroughfares by the shortest route of ordinary pedestrian traffic. Whenever such a state license has been lawfully procured and thereafter a church or school is established within a distance otherwise prohibited by this section, the establishment of such church or school shall not be cause for the revocation of the state license or prevent the subsequent renewal of same.

(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 the application shall be in accordance with section 47-31.

(Code 1953, § 5-7; Ord. No. C-73-11, § 1, 2-6-73; Ord. No. C-73-63, § 2, 6-19-73; Ord. No. C-73-94, § 2, 8-6-73; Ord. No. C-74-135, § 2, 12-17-74; Ord. No. C-75-5, § 1, 1-21-75; Ord. No. C-75-91, § 2, 9-16-75)