HB 1633

1
A bill to be entitled
2An act relating to Martin County; amending chapter 63-
31619, Laws of Florida, as amended; limiting the issuance
4of special alcoholic beverage licenses to restaurants that
5serve a certain number of patrons, occupy a certain amount
6of floor space, and are located within the legal
7boundaries of the seven community redevelopment areas
8(CRAs) of the county; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Section 1 of chapter 63-1619, Laws of Florida,
13as amended by chapter 91-389, Laws of Florida, is amended to
14read:
15     Section 1.  Except within the corporate limits of the City
16of Stuart, Florida, No limitation, under the provisions of
17section 561.20(1), Florida Statutes, for issuance of alcoholic
18beverage licenses under provisions of section 565.02(1)(a)-(f),
19Florida Statutes, inclusive, shall henceforth prohibit the
20issuance of a special license in Martin County, Florida, to any
21bona fide hotel, motel, or motor court of not less than fifty
22guest rooms and not more than ninety-nine guest rooms, or to any
23bona fide restaurant containing all necessary equipment and
24supplies for, and serving full course meals regularly and having
25accommodations at all times for, service of two hundred or more
26patrons at tables and occupying more than four thousand square
27feet of floor space, with the exception of the area within the
28legal boundaries of the seven community redevelopment areas
29(CRAs) for restaurants providing service for one hundred fifty
30or more patrons at tables and occupying more than two thousand
31five hundred square feet of floor space; provided, however:
32     (a)  Such special licensees shall be prohibited from
33selling alcoholic beverages in packages for consumption off the
34premises and from operating as a package store.
35     (b)  The beverage director shall suspend, revoke, or assess
36a civil penalty against any such license under the provisions of
37section 561.29, Florida Statutes, if the restaurant so licensed
38ceases to be a bona fide restaurant as required as a
39prerequisite for obtaining such license and providing that no
40intoxicating beverage shall be sold by such restaurant under
41such license after the hours of serving food have ceased.
42     (c)  That no such special license shall be moved to a new
43location, such licenses being valid only on the premises of such
44hotel, motel, motor court, or restaurant.
45     (d)  That any such special license shall be issued only to
46the owner of said hotel, motel, motor court, or restaurant, or
47in the event the hotel, motel, motor court, or restaurant is
48leased, to the lessee of the hotel, motel, motor court, or
49restaurant and the license shall remain in the name of said
50owner or lessee so long as the license is in existence.
51     (e)  Approval for the issuance of such license shall be
52first obtained from the Board of County Commissioners of Martin
53County, Florida, after said Board has received a written
54application therefor together with blueprints and specifications
55of the structure within which such license is to be maintained,
56showing the proposed location and that such structure meets the
57requirements hereinbefore set forth, as well as other legal
58requirements, and also conforms to the Southern Building Code,
59and will have adequate paved offstreet parking to accommodate
60the patrons of such establishment. If such approval by the Board
61of County Commissioners is arbitrarily withheld, appeal from
62such ruling may be taken to the Circuit Court of Martin County
63in Chancery.
64     (f)  Upon obtaining approval of the Board of County
65Commissioners of Martin County, Florida, as aforesaid, the
66applicant may then apply to the Division of Alcoholic Beverages
67and Tobacco, and if such division determines that such
68application complies with the terms of this act and otherwise
69qualifies as provided by law, then such special license shall be
70issued.
71     (g)  Any license issued under the provisions of this act
72shall be marked "special."
73     (h)  Any applicants for such a special license to be
74located in a municipality shall also comply with all ordinances
75and building regulations of such municipality.
76     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.