(A) (1) No person shall be permitted to sell any alcoholic beverage in any place of business located within 500 feet of an established place of worship or school, which distance shall be measured by the nearest pedestrian travel on the public right-of-way from main entrance to main entrance, except that in case of a school, to the nearest point of the school grounds used as part of the school facilities.
(2) Exceptions:
(a) Vendors holding licenses for the sale of malt beverages and wine for off-premise consumption. Any person or vendor who has obtained a license to sell malt beverages for off-premise consumption pursuant to F.S. § 563.02, and/or wine pursuant to F.S. § 564.02 is exempt from the regulations set forth in this section.
(b) Any restaurant as defined in § 113.01 above is exempt from the regulations set forth in this section.
(B) (1) The 500-foot distance requirement in division (A) above may be reduced for any alcoholic beverage establishment where the Planning and Development Board makes a determination that for such alcoholic beverage establishment and place of worship or school, the full 500 foot separation is not required to protect the public health, safety and welfare of the occupants of the place of worship or school, based on the following criteria for waiver of distance separation:
(a) That the actual location and distance of the alcoholic beverage establishment will not adversely impact the place of worship or school; and
(b) That the days and hours of operation of the alcoholic beverage establishment will not adversely impact the place of worship or school; and
(c) That the alcoholic beverage establishment will not have an adverse impact based on the age group and number of persons attending the school and the nature and curriculum of the school;
(d) All properties within 500 feet of the property requesting to reduce the required distance separation shall receive public notice and the appeal procedures for this section shall be the same as those provided for variances within Article 5 of the Zoning and Land Development Regulations.
(2) An applicant for a distance waiver hereunder shall pay to the city at the time of application a processing fee as established by resolution of the City Commission.
(3) Upon approval, the applicant shall record in the Public Records of Broward County, Florida, a covenant running with the land which expressly states the Board's action, which shall include any conditions.
(4) Upon receipt of any written objections, or if the applicant wishes to appeal the decision of the Planning and Development Board, the matter shall be heard pursuant to the appeal procedure set forth in the Zoning and Land Development Regulations.
(C) All establishments which are in existence as of the creation of this section which do not meet the distance requirements of this section shall nevertheless be permitted to continue until such time as said establishment's license expires or said business ceases to exist or continue in operation.
('72 Code, § 3-3) (Ord. 1407, passed - - ; Am. Ord. O-78-35, passed 7-5-78; Am. Ord. O-78-51, passed 9-6-78; Am. Ord. O-79-2, passed 1-3-79; Am. Ord. O-92-13, passed 3-4-92; Am. Ord. O-93-32, passed 7-21-93; Am. Ord. O-95-29, passed 5-24-95; Am. Ord. O-96-29, passed 7-24-96; Am. Ord. O-97-08, passed 4-23-97; Am. Ord. O-2001-19, passed 5-16-01; Am. Ord. O-2007-24, passed 7-18-07; Am. Ord. O-2011- 15, passed 5-4-11) Penalty, see § 113.99