§ 3-18. Minimum distances from church to school.

(a)

No certificate of zoning approval shall be issued, and no place of business shall be established, for the sale of malt beverages having an alcoholic content of more than one per cent by weight, or wine regardless of alcoholic content, for consumption on the premises, which place of business is within one thousand (1,000) feet of any established church or school.

(b)

No certificate of zoning approval shall be issued, and no place of business shall be established, in the territory lying without the limits of incorporated municipalities in Polk County, Florida, for the sale of alcoholic beverages having an alcoholic content of greater than one per cent, by weight, except malt beverages and wine, which place of business is within twenty-five hundred (2500) feet of an established church or school.

(c)

The provisions of subsections (a) and (b) shall not apply to issuance of a certificate of zoning approval for a restaurant providing full meal service seating for at least one hundred fifty (150) people at one time, where such restaurant is regulated by the Florida Hotel and Restaurant Commission; deals primarily in the serving of meals with alcoholic beverage sales only as an incidental service thereto; and, is licensed by the division of beverage under its special restaurant license provisions.

(d)

The following table illustrates the required distance separations by type of license applied for:

License	Character	Distance
1—ASP (Carry Out Package)	Beer Only	Not Subject to Article See F.S. 563.02(a)
2—ASP (Carry Out Package)	Beer & Wine	No Distance Requirement
1—COP (Consumption on Premises)	Beer Only	1000 Feet
2—COP (Consumption on Premises)	Beer & Wine	1000 Feet
All Other Licenses	All Alcoholic Beverages	2500 Feet

 

(Ord. No. 75-4, § IV; Ord. No. 75-19, § I; Ord. No. 83-1, § 1, 1-25-83)