LEGISLATIVE ACTION ITEM
SPONSOR: D.C. Reeves, Mayor
SUBJECT:
title
AN ORDINANCE AMENDING SECTIONS 7-4-1, 7-4-2, 7-4-3, 7-4-4, 7-4-6, AND 7-4-11 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; REMOVING AUTHORITY TO OPERATE BOTTLE CLUBS; ADDING DEFINITION OF RESTAURANT; LIMITING RESTRICTION ON NUMBER AND LOCATION OF ESTABLISHMENTS WHERE ALCOHOLIC BEVERAGES CAN BE SOLD; EXPANDING THE EXEMPTION FOR RESTAURANT TO SELL ALCOHOLIC BEVERAGES
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RECOMMENDATION:
recommendation
That City Council adopt Proposed Ordinance No. 09-23 on second reading.
AN ORDINANCE AMENDING SECTIONS 7-4-1, 7-4-2, 7-4-3, 7-4-4, 7-4-6, AND 7-4-11 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; REMOVING AUTHORITY TO OPERATE BOTTLE CLUBS; ADDING DEFINITION OF RESTAURANT; LIMITING RESTRICTION ON NUMBER AND LOCATION OF ESTABLISHMENTS WHERE ALCOHOLIC BEVERAGES CAN BE SOLD; EXPANDING THE EXEMPTION FOR RESTAURANT TO SELL ALCOHOLIC BEVERAGES; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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HEARING REQUIRED: No Hearing Required
SUMMARY:
Chapter 7 of the City Code of Ordinances currently provides certain exemptions for restaurants that meet the criteria for a state-issued 4-COP SFS (Special Food Service) license, which requires a restaurant to have a minimum of 2500 sf of service area and the capacity to serve at least 150 people at one time. These restaurants are allowed to serve beer, wine, and liquor. In a dense urban environment, such as the City of Pensacola, it is not uncommon for restaurants to find themselves unable to meet this size threshold, even when utilizing City right of way to provide additional seating.
Chapter 7 provides an additional exemption for restaurants that do not qualify for the SFS license, and serve beer and wine only, with no minimum seating capacity or service area requirements. The Mayor’s Office and City staff are proposing an amendment to the City Code that would expand this exemption to allow for restaurants that are not of sufficient size to meet the SFS requirement, but are able to provide a minimum seating capacity of 25 people, to also serve beer, wine and liquor. This proposed Ordinance would foster the vibrant and diverse transformation that the City, especially downtown, has been experiencing over the past several years as well as generate more economic and entrepreneurial opportunities for our City.
Another component of the proposed ordinance will eliminate the ability to operate a bottle club within the City of Pensacola. The removal of this business type is recommended, as the use has historically been the source of enforcement and public nuisance-related issues not just in Pensacola, but in other jurisdictions as well. Multiple other agencies have removed, or heavily restricted bottle blubs already, so this request aligns with actions taken by others.
Currently, there are no bottle clubs operating within the City per staff records, so there will be no nonconforming locations created by the passage of this ordinance.
PRIOR ACTION:
April 27, 2023 - City Council voted to approve Proposed Ordinance No. 09-23 on first reading.
FUNDING:
N/A
FINANCIAL IMPACT:
None
LEGAL REVIEW ONLY BY CITY ATTORNEY: Yes
4/14/2023
STAFF CONTACT:
Kerrith Fiddler, City Administrator
David Forte, Deputy City Administrator
Sherry Morris, AICP, Development Services Department Director
ATTACHMENTS:
1) Proposed Ordinance No. 09-23
PRESENTATION: No end