| 1 | A bill to be entitled |
| 2 | An act relating to Martin County; amending chapter 63- |
| 3 | 1619, Laws of Florida, as amended; limiting the issuance |
| 4 | of special alcoholic beverage licenses to restaurants that |
| 5 | serve a certain number of patrons, occupy a certain amount |
| 6 | of floor space, and are located within the legal |
| 7 | boundaries of the seven community redevelopment areas |
| 8 | (CRAs) of the county; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 1 of chapter 63-1619, Laws of Florida, |
| 13 | as amended by chapter 91-389, Laws of Florida, is amended to |
| 14 | read: |
| 15 | Section 1. Except within the corporate limits of the City |
| 16 | of Stuart, Florida, No limitation, under the provisions of |
| 17 | section 561.20(1), Florida Statutes, for issuance of alcoholic |
| 18 | beverage licenses under provisions of section 565.02(1)(a)-(f), |
| 19 | Florida Statutes, inclusive, shall henceforth prohibit the |
| 20 | issuance of a special license in Martin County, Florida, to any |
| 21 | bona fide hotel, motel, or motor court of not less than fifty |
| 22 | guest rooms and not more than ninety-nine guest rooms, or to any |
| 23 | bona fide restaurant containing all necessary equipment and |
| 24 | supplies for, and serving full course meals regularly and having |
| 25 | accommodations at all times for, service of two hundred or more |
| 26 | patrons at tables and occupying more than four thousand square |
| 27 | feet of floor space, with the exception of the area within the |
| 28 | legal boundaries of the seven community redevelopment areas |
| 29 | (CRAs) for restaurants providing service for one hundred fifty |
| 30 | or more patrons at tables and occupying more than two thousand |
| 31 | five hundred square feet of floor space; provided, however: |
| 32 | (a) Such special licensees shall be prohibited from |
| 33 | selling alcoholic beverages in packages for consumption off the |
| 34 | premises and from operating as a package store. |
| 35 | (b) The beverage director shall suspend, revoke, or assess |
| 36 | a civil penalty against any such license under the provisions of |
| 37 | section 561.29, Florida Statutes, if the restaurant so licensed |
| 38 | ceases to be a bona fide restaurant as required as a |
| 39 | prerequisite for obtaining such license and providing that no |
| 40 | intoxicating beverage shall be sold by such restaurant under |
| 41 | such license after the hours of serving food have ceased. |
| 42 | (c) That no such special license shall be moved to a new |
| 43 | location, such licenses being valid only on the premises of such |
| 44 | hotel, motel, motor court, or restaurant. |
| 45 | (d) That any such special license shall be issued only to |
| 46 | the owner of said hotel, motel, motor court, or restaurant, or |
| 47 | in the event the hotel, motel, motor court, or restaurant is |
| 48 | leased, to the lessee of the hotel, motel, motor court, or |
| 49 | restaurant and the license shall remain in the name of said |
| 50 | owner or lessee so long as the license is in existence. |
| 51 | (e) Approval for the issuance of such license shall be |
| 52 | first obtained from the Board of County Commissioners of Martin |
| 53 | County, Florida, after said Board has received a written |
| 54 | application therefor together with blueprints and specifications |
| 55 | of the structure within which such license is to be maintained, |
| 56 | showing the proposed location and that such structure meets the |
| 57 | requirements hereinbefore set forth, as well as other legal |
| 58 | requirements, and also conforms to the Southern Building Code, |
| 59 | and will have adequate paved offstreet parking to accommodate |
| 60 | the patrons of such establishment. If such approval by the Board |
| 61 | of County Commissioners is arbitrarily withheld, appeal from |
| 62 | such ruling may be taken to the Circuit Court of Martin County |
| 63 | in Chancery. |
| 64 | (f) Upon obtaining approval of the Board of County |
| 65 | Commissioners of Martin County, Florida, as aforesaid, the |
| 66 | applicant may then apply to the Division of Alcoholic Beverages |
| 67 | and Tobacco, and if such division determines that such |
| 68 | application complies with the terms of this act and otherwise |
| 69 | qualifies as provided by law, then such special license shall be |
| 70 | issued. |
| 71 | (g) Any license issued under the provisions of this act |
| 72 | shall be marked "special." |
| 73 | (h) Any applicants for such a special license to be |
| 74 | located in a municipality shall also comply with all ordinances |
| 75 | and building regulations of such municipality. |
| 76 | Section 2. This act shall take effect upon becoming a law. |