Bill Text: FL H0657 | 2011 | Regular Session | Introduced
Bill Title: Martin County
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1003 [H0657 Detail]
Download: Florida-2011-H0657-Introduced.html
HB 657 |
1 | |
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 community redevelopment areas of the |
8 | county; providing an effective date. |
9 | |
10 | Be It Enacted by the Legislature of the State of Florida: |
11 | |
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 |
22 | |
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 community redevelopment areas (CRAs) for |
29 | restaurants providing service for 150 or more patrons at tables |
30 | and occupying more than 2,500 square feet of floor space; |
31 | 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. |
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