§ 58.712. Exception to Distance Requirements.

(A)

Certain Eating and Drinking Establishments. The provisions of Section 58.710 (above) shall not apply to the sale of alcoholic beverages for on-premise consumption at any eating and drinking establishment that meets the following criteria:

(1)

(a) The eating and drinking establishment is licensed as a restaurant by the State of Florida, pursuant to Chapter 509, Florida Statutes, and derives at least fifty-one percent (51%) of its gross revenues from the sale of food and non-alcoholic beverages; or (b) The eating and drinking establishment obtains a Conditional Use Permit as described in Section 58.713(C); and

(2)

The eating and drinking establishment does not allow outdoor sale or outdoor consumption of alcoholic beverages between 7 a.m. and 5 p.m., Monday through Friday, within 500 feet of a school or church; and

(3)

The eating and drinking establishment does not display any advertising of alcoholic beverages visible to the exterior of the building; and

(4)

The eating and drinking establishment promptly provides all records of food and alcoholic beverage sales to the City, as described in Section 58.713(D).

(B)

Certain Motels. The provisions of Section 58.710 (above) shall not apply to a vendor who owns and operates a hotel or motel containing 100 or more guest rooms, and the sale of alcoholic beverages is to be conducted and carried on in such hotel or motel by the hotel or motel owner or operator.

(C)

Package Sale of Beer and/or Wine. The provisions of Section 58.710 (above) shall not apply to a vendor who operates an establishment, the primary purpose of which is the package sale of beer and/or wine, and incidental food items, and who permits on-premise consumption only for the purpose of beer and/or wine tasting at no charge to the customer incidental to the package sale of such beer and/or wine.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 4-20-1992, Doc. #25633; Ord. of 7-26-1993, Doc. #26769; Ord. of 5-20-1996, Doc. #29361; Ord. of 10-29-2001, § 9, Doc. #011029704)