82.01(A) Permit required. No business shall be allowed to engage in the retail sale of consumer goods or services between the hours of 1:00 a.m. and 5:00 a.m., unless it obtains an extended operating hours permit from the under this Section.
82.01(B) Criteria. The shall consider the following criteria in evaluating the application, revocation, and renewal of an extended operating hours permit:
82.01(B)(1) The amount of available parking in relation to the demands created by the extra hours of operation, especially with regard to the adverse impact on adjacent
of any illegal or hazardous parking.
82.01(B)(2) The amount and degree of law enforcement activities generated by the operation of the business.
82.01(B)(3) The adverse effects, if any, that the extended hours of operation will have on neighboring properties, including but not limited to, noise, odor,
, light and additional
.
82.01(B)(4) The potential affect of the extended hours of operation on the general welfare and safety of the public.
82.01(C) Compliance with conditions. The may require, as a condition of the privilege of extended hours of operation, compliance with any reasonable conditions necessary to mitigate or eliminate the adverse effects of such extended hours. These conditions may include, without being limited to, provision by the
or operator of, at his or her expense, additional parking, security personnel, and screening and buffering from nearby properties. The may also require that the permitted establishments be wholly enclosed, soundproofed, and air-conditioned, with any windows, doors or other openings be kept closed, except from normal and emergency ingress and egress, in order that noise emanating therefrom will not disturb the peace and quiet of the neighborhood. The
shall record in the Public Records of Broward County, Florida, a covenant running with the land that expressly sets forth any and all conditions required.
82.01(D) Permit term. Once issued, the permit shall be valid until September 30th in the year in which the permit is granted. Thereafter, the permit must be renewed annually.
82.01(E) Permit is a privilege. The extended operating hours permit is a privilege not a right. Nothing contained in this Section shall be construed to create any right to the issuance or renewal of an extended operating hours permit.
82.01(F)
sales. Nothing contained in this Section shall be construed to extend the hours in which
may be sold on the permitted .
82.01(G) Permit fee. The annual permit fee for issuance of the said permit shall be established and amended by resolution of the .
82.01(H) Revocation by
. If, prior to renewal time, the determines that any permittee has either violated a condition or is operating in a manner inconsistent with the criteria specified in subsection 82.01(B) or 82.01(C), he or she may revoke the extended operating hours permit. In accordance with § 2.15(B) of this Code, the permittee may appeal the revocation to the .
82.01(I) Cost recovery. The costs incurred by the in investigating any of the matters included within the criteria of subsections 82.01(B) or 82.01(C) in either an application, revocation, or renewal proceedings of an establishment’s permit shall be paid by the permittee to the . These costs shall be in addition to the initial application fee and annual permit fee required by this Section.
82.01(J) License display. The permit shall be conspicuously displayed within ten feet of the main entrance to the establishment.
82.01(K) Permit transfer. A permit may be transferred to a new
when there is a bona fide sale of the business, upon payment of a transfer fee as set forth by resolution of the . The transferred permit shall be subject to the conditions of the original approval.
(Ord. 2010-15, passed 10-4-2010)