O60-22ORDi~ANC~ NO, 60-~
AN EY~RGENCY ORDINANCE OF TH~ CITY OF
BOYNTON I~ACH, FLORIDA, S~PLEMENTING AND
~V~NDIN$ CHAPTER 3 OF THE CODE OF OP~INANCES
OF TH~ CITY OF BOYNTON B£ACH, FLORIDA, PER_TAIN-
ING TO ALCOHOLIC BEV£RAGES,~ ~PEALING ALL
ORDINANCES IN CONFLICT HEP~WITH4
BE IT ORDAINED BY T~ CITY COUNCIL OF THE CI~ OF BOYNTON BEACH,
FLORIDA, AS FOLLOWS:
The following emergency ordinance is hereby enacted
under the provisions of and pursuant to the Police power vested
in the City of i~oyaton Beach, Florida, for the purpose of imme-
diately protecting the peace, property, health, safety and welfare
of the citizen of said municipality and for preserving the orderl~
development of the community.
Section !. Chapter 8 of the Code of Ordinances
of the City of Boynton Beach, Florida, is hereby supplemented and
amended as follows:
"Section 3-20. Additi0Bal.Requirements: In additi¢
to the other requirements set forth in this chapter, if,
after due consideration, of any license application filed
under the provisions hereof, it is the judgment of the
City Council that the issuance of such license shall result
in increasing or creating fire, traffic or other dangerous
hazards, endangering children or the general public, the
emiss{~n of offensive noise~ or noxious odors, or otherwise
constitute an objectionable ~uisance, adversely affect
property values, or otherwise be detrimental to the health,
safety and general welfare of the community, and in the
absence of counterbalancing public demand for the issuance
of such license in the vicinity in question, the Council
may refuse to issue such license.
~he requirements set forth in this Section of the Ordinance shall
be applicable irregardless of the zoning claf~i~i~tion of the
property location connected with any such license application
contemplated here in."
Section 3-21. Distance Requirements.
(a) No license for the sale of liquor for cons~p±ion either
on or off premises shall be granted to any licensee to conduct'a
place of business in a location which is within 1,500 fee± on
B[ighway No. 1, or 2,500 feet in any other location in the City, of
a previously similarly licensed location for the selling of liquor
established church, hospital, school, or place where large numbers
of people congregate (which distance shall be measured by follow-
lng the shortest route of ordinary pedestrian ~raffic along the
public thoroughfare from the main entrance of such ~
similarly licensed location ±o the location of the main entrance
of such previously licensed business, church, hospital or place of
congregation, and in ±he case of a school, to the nearest poin~ of
the school grounds in use as part of the school facilities;
(b) Provided that such distance requirement snal_~ ] not pro-
hibit the issuance of a special _mcense]' to any bona fide hotel,
mote~, or motor tour± of not less than 50 guest rooms, or ±o any
bona fide restaurant containing all necessary equipment ~und supplie
for serving full course meals regularly and having accommodations
at all times for service of ~00 or more patrons at tables, provided
however, 'that any res±aurant granted a special license hereunder
shall be prohibited from selling a~coholic beverages for cons~pti
Off the premises and from operating as a package s~ore, and provi~i~
that the City CounCil shall suspend any such license if such rest-
aurant ceases to be a bona fide restauran~ as req~aired as a pre~
requisite for obtaining such license and provided that no
~nt#oxlcatlng beverages shall be sold under such license
after the hours of serving food has ceased. Any license
issued under this Section shall be marked "Special'.'
Section 2. Separability: Each of the provisions
of this Ordinance are separable, including word, clause, phrase
or sentence, and if any provision hereof shall be declared null
~ud void, the remaining portion shall not be affected but shall
remain in ~ull force and effect.
Sectioh $. Repealin9 Provisions: All ordinances
or parts of ordinances in conflict herewith are hereby repealed.
This measure is determined to be an emergency
ordinance enacted for the immediate preservation of the public
peace, property, health, safety and wel£are of the citizens of
the CItY OF BOYNTON BEACH, FLOR_vA and shall become effective
immediately upon passage.
Dated this ~_ day of July, A. D. !960.
(CO~ ORATE SEAL)
CITY
City 'Clerk~
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