§ 138-3240. Alcohol dispensing.

(a)

Purpose. The dispensing of alcoholic beverages has the potential to contribute to undesirable impacts on adjacent or nearby properties such as litter, noise, and other disturbances. The purpose and intent of this section is to establish appropriate locational and distance standards that promote public safety and mitigate associated impacts.

(b)

Applicability. This section shall apply to the dispensing of alcoholic beverages for both on-premises and off-premises consumption in unincorporated Pinellas County. This section does not apply to restaurants that sell alcohol as a product of their business.

(c)

Standards.

(1)

The dispensing, wholesale storage and distribution of alcoholic beverages by any business establishment shall be allowed pursuant to Table 138-355—Table of Uses for Zoning Districts.

(2)

No building or structure entrance or exit (except emergency exits) or associated outdoor service areas in which alcoholic beverages are dispensed for on-premises consumption shall be located within 150 feet of any residential zoning district boundary line.

a.

Such distance shall be measured along a straight line from the nearest residential zoning district to the closest entrance or exit of the building or structure that dispenses alcohol. In a multi-tenant or multi-user building, such as a shopping center, such distance requirement shall be to the entrance or exit of the unit or portion of the building or structure in which alcoholic beverages are actually dispensed for on-premises consumption.

b.

The distance requirements of this section shall not apply to residentially zoned property which consists of public right-of-way, water ways, wetlands, or similar lands which cannot be used for actual residential purposes.

c.

In the case of a building located in an RPD zoning district commercial sales area, such distance shall be measured to the boundary of the nearest property used for residential or accessory residential purposes.

d.

This standard is not applicable to any mixed-use building that may include residential units.

(3)

It is further provided that a building or structure located on a bona fide golf course or country club premises, in which alcoholic beverages are dispensed for consumption by the members and guests thereof only, may be located in any zoning district, but shall be located within the boundaries of the golf course or country club and shall be located not less than 200 feet from any residential structure. The sale of alcoholic beverages from a mobile vehicle, which travels along established cart paths within a bona fide golf course shall be permitted as an ancillary use of the golf course or country club where alcohol sales are permitted within the main clubhouse.

(4)

The dispensing of alcoholic beverages for on-premises consumption in conjunction with a bona fide restaurant shall be exempt from the distance provisions of this chapter provided sale of alcohol is incidental to food sales (at least 51 percent of sales are food). Vendors may be required to provide verification from a certified public accountant of such sales ratio.

(5)

Social clubs, veterans', fraternal, benevolent, civic or other organizations described in F.S. § 561.20(7) may dispense alcoholic beverages for on-premises consumption within any zoning district or location provided such location must be approved subject to a Type 2 approval. This subsection shall not apply to those areas which meet the provisions of subsection (c)(2) of this section.

(6)

The dispensing of alcoholic beverages by any business establishment shall not be permitted within 500 feet of the boundary of any tract of land on which a school is located or which has received authority to locate, measured in a straight line, from the nearest entrance or exit (except emergency exits) of any building or structure dispensing alcohol. In a multi-tenant or multi-user building such as a shopping center, the distance may be measured from the entrance or exit of the unit or portion of the building where alcoholic beverages are dispensed to the boundary of any tract of land on which a school is located or which has received authority to locate.

If the school property contains wetlands, waterways, or similar geographic features that would not permit the physical use of the property for school use such as buildings, parking, playgrounds or school usage, the distance requirement shall include the wetland, waterway, or similar area and the measurement shall be taken from the area of the school site that would physically allow such school use.

This subsection shall not be retroactive; and the subsequent erection of a school within the distance of a legally authorized business establishment shall not be cause for the revocation or suspension of any permit, certificate, or license, or cause for denial of any permit or certificate thereafter requested for that use.

The dispensing of alcoholic beverages for on-premises consumption within a bona fide restaurant shall be exempt from this provision provided the sale of alcohol is incidental to food sales (more than 50 percent of the total business revenues are food). Vendors may be required to provide verification by a certified public accountant of such sales ratio.

(7)

The provisions of Laws of Florida Chapter 63-1790, as amended (compiled in Chapter 6, Article II), relating to uniform closing hours and other restrictions, apply to all business establishments as defined in this section, and the reasonable evidence of any violation thereof shall constitute grounds for the revocation or suspension by the board of county commissioners of any zoning or use approval, building permit, occupancy certificate, or license approval to any such business establishment.

(d)

Exemptions.

(1)

The sale or dispensing of alcoholic beverages within any zoning district at one time or at short duration fundraisers, special events, [and] promotions, shall be exempt from the provisions of this section except for the uniform closing hours established in subsection (c)(7) of this section, under the following conditions:

a.

Sale or dispensing shall be for a maximum of three days only during any six-month period. This condition shall not apply to the number of annual fundraising and special events held in the Downtown Palm Harbor Historic District provided the events have received street closure approval and have received a waiver from section 6-47(b) of the Pinellas County Code.

b.

Sale or dispensing shall be located on the site of an authorized use as permitted by this chapter.

(2)

The sale or dispensing of alcoholic beverages at special events of community interest and importance may be permitted to occur as early as 8:00 a.m. as provided for in section 6-30(e) of the Pinellas County Code, under the following conditions:

a.

Sale or dispensing shall be located on the site of an authorized use as permitted by this chapter or otherwise waived pursuant to section 6-47(b) of the Pinellas County Code.

b.

A permit is obtained from Pinellas County detailing the conditions required under this section and section 6-30(e).

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)