§ 6-1. Location of alcohol-related business.

(a)

It shall be unlawful for any person licensed under the state beverage law to conduct, operate or carry on any place of business for the sale of alcoholic beverages within the following places:

All parts of the city except those portions thereof lying along the commercial transportation corridors of U.S. Highway 90, State Road 267 and Crawford Street located within the Quincy Community Redevelopment District and or on lands zoned C-1, C-2, LC-1 (subject to section 46-172: Special Uses) and M-1 as shown upon and according to the present official zoning map of the city that exists on August 28, 2012 (attached as exhibit A; provided, however, that no subsequent change, addition or alteration of any such zone shall in any way enlarge, alter, restrict or change any area within the city insofar as the provisions of this chapter are concerned, unless otherwise provided by ordinance. The distance requirements set forth below are applicable to all establishments except in the case of restaurants located on the corridor which shall be subject to only paragraphs (1) (churches), (2) (schools), and (5) (distance from another alcohol related business). )

(1)

No package store, lounge, convenience store (selling alcohol beverage of any kind) or establishment selling any alcoholic beverage that does not exist on the effective date of the ordinance from which this chapter derives shall be located 150 feet of an existing established church, which distance shall be measured along the shortest straight line from the nearest point of the property on which the place of business is located to the nearest point of the property on which the church is located and in use for religious purposes.

(2)

No package store, lounge, convenience store (selling alcohol beverage of any kind) or establishment selling any alcoholic beverage shall operate 750 feet of a school, which distance shall be measured along the shortest straight line from the nearest point of the property on which the place of business is located to the nearest point of the school grounds in use as part of the school facilities.

(3)

No package store, lounge, convenience store (selling alcohol beverage of any kind) or establishment selling any alcoholic beverage shall operate 150 feet of the county courthouse, which distance shall be measured along the shortest straight line from the nearest point of the property on which the place of business is located to the nearest point of the property on which the county courthouse is located, except for bona fide restaurants, and special events when a permit has been approved and issued by the city commission.

(4)

No package store, lounge, convenience store (selling alcohol beverage of any kind) or establishment selling any alcoholic beverage that does not legally exist on the effective date of the ordinance from which this chapter derives shall operate 150 feet of the city hall, which distance shall be measured along the shortest straight line from the nearest point of the property on which the place of business is located to the nearest point of the property on which the city hall is located, except for bona fide restaurants, or special events when a permit has been approved and issued by the city commission.

(5)

No lounge, convenience store (selling alcohol beverage of any kind) or establishment selling any alcoholic beverage shall operate (however see subsection (8), package stores below) 150 feet of any other established, location in the city for which a license has been issued under the state beverage law, which distance shall be measured along the shortest straight line between the nearest point of the respective properties on which the places of business are located, except for bona fide restaurants located in the downtown district area and special events when a permit has been approved and issued by the city commission.

(6)

No package store, lounge, convenience store (selling alcohol beverage of any kind) or establishment selling any alcoholic beverage that does not exist on the effective date of the ordinance from which this chapter derives shall be located 150 feet of a cemetery, which distance shall be measured along the shortest straight line from the nearest point of the property on which the place of business is located to the nearest point of the property on which the cemetery is located, except a bona fide restaurant.

(7)

No lounge, convenience store (selling alcohol beverage of any kind) or establishment selling any alcoholic beverage shall operate on all portions of those blocks adjoining the courthouse square or those blocks within one block of the courthouse square, which portions are beyond 150 feet of the county courthouse, except bona fide restaurants, and special events when a permit has been approved and issued by the city commission.

(8)

No package stores location in the city for which a license has been issued under the state beverage law shall be within one mile of each other, which distance shall be measured along the shortest straight line between the nearest point of the respective properties on which the place of business are located. All package stores must be located along the identified commercial transportation corridor within the City of Quincy indicated in paragraph (a) above.

(9)

No package store, lounge, convenience store (selling alcohol beverage of any kind) or establishment selling any alcoholic beverage that does not exist on the effective date of the ordinance from which this chapter derives shall be located 300 feet of an existing established childcare center or facility as defined by the city's land development regulations (chapter 46), which distance shall be measured along the shortest straight line from the nearest point of the property on which the place of business is located to the nearest point of the property on which the childcare center or facility is located and in use for such childcare purposes.

(b)

A package store, lounge, convenience store (selling alcohol beverage of any kind) or establishment selling any alcoholic beverage that exist on the effective date of the ordinance from which this chapter derives may continue to locate within the specific distances described herein of an existing church, cemetery or established childcare center, city hall or facility as defined by the city's land development regulations (chapter 46).

(c)

All package stores, standalone bars, sports bars and convenience stores (selling alcoholic beverages of any kind), or any establishment selling any alcoholic beverages currently operating outside the area defined in subsection 6-1(a) and/or not otherwise in compliance with this article are grandfathered in their current location for the same business or another business of the same type. If a business location where alcoholic beverages are sold, ceases sales of alcoholic beverages from such location for a period of ten consecutive years such business location shall lose its grandfather status and shall not resume the sale of alcoholic beverages of any kind.

(d)

Reserved.

(e)

The provisions of subsection (a) of this section shall not apply to vendors of alcoholic beverages in sealed containers sold only for consumption off the premises holding licenses issued under the state beverage law prior to 1996.

(Code 1958, §§ 5-2, 5-4; Ord. No. 794, § 1, 10-13-92; Ord. No. 847, § 1, 5-14-96; Ord. No. 1022, 5-26-09; Ord. No. 1047-2012 , 8-28-12; Ord No. 1095-2018 , § 2, 2-27-18)

State law reference

Location restrictions authorized, F.S. § 562.45(2)(a).