TA2012-05006; ORD 8331-12 CDB Meeting Date: June 19, 2012
Case Number: TA2012-05006
Ordinance Number: 8331-12
Agenda Item: E-1
Case Planner: Mark Parry, Planner III
CDB Meeting Date: June 19, 2012
Case Number: TA2012-05006
Ordinance Number: 8331-12
Agenda Item: E=1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST: Amendments to the Community Development Code and the Code of
Ordinances—Ordinance No. 8331-12
INITIATED BY: City of Clearwater Planning Department
BACKGROUND:
The Community Development Code currently addresses sidewalk cafes located within public
right(s)-of-way specifically as they apply to properties within the Clearwater powntown
Redevelopment Plan area and the Tourist District on Clearwater Beach. City Staff has been
made aware that a number of properties used as restaurants within the Tourist District on
Clearwater Beach along Beach Walk are oriented with their primary facades opening onto public
rights-of-way located within the Open Space/Recreation District. With the completion of Beach
� > > � i r ♦ r. r� . � ��i_it
waik a numner oi requesis nave neen maae ror ine provision oi ouiaoor cares on tseacn waix.
These outdoor cafes would necessarily be located within the Open Space/Recreation District.
Outdoor cafes and the serving of alcohol are cunently not permitted within the Open
Space/Recreation District. To address this the Planning Department proposes revisions to
Section 3-909.
ANALYSIS:
The proposed amendments to the Community Development Code provide for a definitive area on
Clearwater Beach within Beach Walk and within the Open Space/Recreation District in which
outdoor cafes may be located, establish additional location and design requirements for outdoor
cafes, provide the ability to serve alcohol at any legally permitted outdoor cafe and expand the
_ _ _ --- __--
ability of the City to revoke the permit for any outdoar cafe. The review process to permit
outdoor cafes is not affected or modified by these amendments.
The current outdoor cafe provisions clearly envision outdoor cafes being located within rights-
of-way on Clearwater Beach. However, the fact that one of the prime tourist areas, Beach Walk,
exists within the Open Space/Recreation District was not adequately understood nor was the
ramifications as affecting the location of outdoor cafes. Staff has also taken notice that the
serving of alcoholic beverages is not specifically permitted within the publie right-of-way. It is
Community Development Board—June 19,2012
TA2012-05006—Page 1
generally agreed that the serving alcohol as part of the operations of an outdoor cafe is usual and
customary.
Permitting outdoor cafes and the serving of alcohol with specific design and locational
requirements as proposed by the submitted amendments will add to and support the active and
vibrant street life already well-established along Beach Walk and being established within the
Clearwater powntown Redevelopment Plan Area. Outdoor cafes are specified in Beach by
Design as one of the catalysts which can contribute to the success of Beach Walk. Specifically,
in Section V. Catalytic Projects, subsection C. Beach Walk: The New South Gulfview Drive
outdoor cafes are envisioned along the east side of "the new South Gulfview" (Beach Walk}.
The proposed amendments bring this vision to fruition further cementing Clearwater Beach as a
world-class resort destination. In addition, Section VII Design Guidelines maintains that outdoor
cafes are one of the contributing features essential to an active and pedestrian-friendly place in
the nonresidential environment. The Design Guidelines provide general direction with regard to
the placement of outdoor cafes and these amendments support the Guidelines and provide
additional supporting requirements which further define the locational criteria. Likewise,
outdoor cafes are also supported by The Clearwater powntown Redevelopment Plan and the
Design Guidelines contained therein.
Proposed changes to requirements for outdoor cafes located within public right(s)-of-way
include:
• Delineating the specific area within Beach Walk (page two of the proposed Ordinance)
where outdoor cafes are permitted;
• A provision specifying dimensions and locations for outdoor cafes within public rights-
of-way within the Tourist and Open Space/Recreation Districts and Beach Walk (page
two of the proposed Ordinance);
• A provision requiring all outdoor cafe permit requests regardless of location to be
accompanied by drawings indicating the location of the cafe and the extent of alcoholic
beverage sales (page two of the proposed Ordinance);
• A provision allowing alcoholic beverages to be served in conjunction with legally
permitted outdoor cafes (page two of the proposed Ordinance); and
• A provision allowing any outdoor cafe permit to be revoked should the cafe not meet the
_--- __ -- -- Ci�y's—e�-�tt�i�s--best�e-r�s�-o�-�y-o#�€r--r�aso�-��g€-t����=���p�a}�osed _
Ordinance).
The amendments to Section 3-909 Outdoor Cafes located within public rights-of-way are logical
and support the goals, objectives and vision of Beach by Design and the Clearwater powntown
Redevelopment Plan, clarify certain portions of Section 3-909 of the Community Development
Code, allow alcoholic beverages in a logical and controlled manner and are supported by the
City's Comprehensive Plan and Community Development Code. Throughout the ordinance,
language was created to provide clear and concise direction far the provision of outdoor cafes.
Community Development Board—June 19,2012
TA2012-05006—Page 2
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goal, Objective,
and/or Policies which will be furthered by the proposed Code amendments:
Future Land Use Element
Goal A.6 The City of Clearwater shall utilize innovative and fle�ble planning and
engineering practices,and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and
encourage infill development.
Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic
opportunity, the creation of jobs and training opportunities as well as the
maintenance of existing industries through establishment of enterprise
zones, activity centers and redevelopment areas and by coordination with
the Chamber of Commerce, Tourist Development Council and other
economic development organizations and agencies.
Objective A.6.6 Tourism is a substantial element of the City's economic base and as such
the City shall continue to support the maintenance and enhancement of
this important economic sector.
Policy A.6.8.1 Build active, attractive communities that are designed at a human scale
and encourage walking, cycling and use of mass transit.
Policy A.6.8.3 Where appropriate, development shall provide a sense of pedestrian scale
on streets through minimal front setbacks, similar building heights, street
trees and proportionality of building heights to street widths.
Findings
The proposed amendments are consistent with the Comprehensive Plan for several reasons. Use
of the public right-of-way by private enterprise encourages infill restaurant development due to
the addition of more seating, which increases the earning potential of an eating establishment and
makes it likelier for a business to be established and thrive. Increased seating capacity at an
eating establishment also expands economic opportunities by creating jobs, as more space for
patrons means more staff is needed to serve said patrons. An important element in generating
tourism is creating an inviting public realm. Outdoor cafes enrich the public realm by activating
Community Development Board—June 19,2012
TA2012-05006—Page 3
street life and providing a greater number and diversity of street furniture. Outdoor cafes, by
their very nature, are at a human scale and encourage walking.
2. The proposed amendment furthers the purposes of the Community Development Code.
The proposed text amendment will further the purposes of the Community Development
Code in that it will be consistent with the following purposes set forth in Section 1-103:
• Allowing property owners to enhance the value of their property through innovative and
creative redevelopment (CDC Section 1-103.B.1).
• Ensuring that development and redevelopment will not have a negative impact on the
value of surrounding properties and wherever practicable promoting development and
redevelopment which will enhance the value of surrounding properties (CDC Section 1-
103.B.2).
• Strengthening the City's economy and increasing its tax base as a whole (CDC Section 1-
103.B.3).
• Protect the character and the social and economic stability of all parts of the City through
the establishment of reasonable standards which encourage the orderly and beneficial
development of land within the City (CDC Section 1-103.E.2).
• Provide the most beneficial relationship between the uses of land and buildings and the
circulation of traffic throughout the city, with particular regard for safe and efficient
vehicular and pedestrian traffic movement (CDC Section 1-103.E.4).
• Provide for open spaces through efficient project design and layout that addresses
appropriate relationships between buildings on the project site and adjoining properties,
including public rights-of-way and other public places (CDC Section 1-103.E.6).
• Establish use limitations for specified uses consistent with the zoning district in which
they are allowed and the particular characteristics of such specified uses (CDC Section 1-
103.E.10).
Findings
"Flr�se-arn�ndm 'sterrt-�vvitlrt��e i Qniir�airi�-�e�e�a�rrnent `'��'� '-���_.�� t�ey errYr
property values by encouraging creative redevelopment through the use of public rights-of-way
as outdoor cafes. Outdoar cafes provide expanded capacity for eating establishments, increasing
the viability of the business, which strengthens the City's economy. The standards established
by these amendments protect and enhance community character through the arderly and
beneficial development of land. The proposed standards will also clearly define and delineate
how and in what fashion outdoor cafes may be established.
Community Development Board—June 19,2012
TA2012-05006—Page 4
3. The proposed amendment furthers the purposes of other City ordinances and actions
designed to implement the Plan.
The proposed text amendment will further be consistent with and in support of the purpose
and vision of Beach by Design as follows:
• Prior to the development of Beach Walk, Beach by Design listed a variety of
detriments associated with Clearwater Beach including the observation that there
were "few opportunities for outside dining". The document states that the
realignment of"South Gulfview to the west of its current alignment achieves multiple
purposes" one of which is the addition of "amenities such as safe and comfortable
areas for outdoor dining" Specifically outdoor cafes and other "seaside" amenities
are envisioned along the east side of "the new South Gulfview" (Beach Walk).
(Section V. Catalytic Projects, subsection C. Beach Walk: The New South Gulfview
Drive).
• One of the prime Design Objectives of Beach by Design is to "To create inviting,
human scale "places" at the street level of all buildings" and to "ensure that the street
level of all buildings is pedestrian friendly" (Section VII. Design Guidelines Design
Objectives 1 and 6).
• Beach by Design provides that "[o]utdoor cafe tables are also permitted in the public
space, subject to the requirements in Section H, Sidewalks (Section VII.D. Setbacks
and Stepbacks).
• Beach bv DesiQn provides that"�p�ortions of required sidewalks may be improved for
nonpedestrian purposes including outdoor dining...provided that...movement of
pedestrians along the sidewalk is not obstructed...and... non-pedestrian
improvements and uses are located on the street side of the sidewalk." (Section VII.H.
Sidewalks).
The proposed text amendment will further be consistent with and in support of the purpose
and vision of the Clearwater powntown Redevelopment Plan as follows:
• Appropriate: outdoor cafe is located directly on the sidewalk (Design Guidelines, New
Construction; Site Design; Site Elements).
-------. Ap - -ovi�tes--t ao
Guidelines, New Construction; Site Design; Fences and Walls).
• Create opportunities for an active street life e.g. sidewalk cafes, special events, etc.
(Master Streetscape and Wayfinding Plan).
Community Development Board—June 19,2012
TA2012-05006—Page 5
Findings
These amendments are consistent with Beach by Design and the Clearwater powntown
Redevelopment Plan because they further each document's stated objectives and/or visions to
encourage active and pedestrian-friendly streetscapes through, among other methods, the use of
public rights-of-way as outdoor cafes. As mentioned previously, outdoor cafes provide
expanded capacity for eating establishments, increasing the viability of the business, which
strengthens the City's economy. The standards established by these amendments protect and
enhance community character through the orderly and beneficial development of land. The
proposed standards will also clearly define and delineate how and in what fashion outdoor cafes
may be established.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. The proposed amendments are also consistent with the purposes, visions
and design guidelines of Beach by Design and the Clearwater powntown Redevelopment Plan.
Based upon the above, the Planning Department recommends APPROVAL of Ordinance No.
8331-12 that amends the Community Development Code.
Prepared by Planning Department Staff:
Mark T. Pany,AICP, Planner III
ATTACHMENT:
❑ Qrrlinanr_gNn_R331-1�
S:IP/anning DepartmentlCommunity Development Code12012 Code AmendmentslTA2012-05006-Sidewalk CafeslOrdinance No 8331-12 CDB
Sta�Report 2012-06-19.doc
Community Development Board—June 19,2012
TA2012-05006—Page 6
ORDINANCE NO. 8331-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE BY REVISING ARTICLE 3, SECTION 3-
909, OUTDOOR CAFES LOCATED WITHIN PUBLIC RIGHT(S)-
OF-WAY; PROVIDING FOR OUTDOOR CAFES WITHIN
CERTAIN AREAS OF BEACH WALK; AMENDING LOCATION
AND DESIGN CRITERIA; AUTHORIZING SERVICE OF
ALCOHOLIC BEVERAGES IN OUTDOOR CAFES UNDER
CERTAIN CIRCUMSTANCES; AMENDING REVOCATION
CRITERIA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code
on January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, since the effective date of the new Community Development Code, the
City of Clearwater has reviewed numerous development proposals in all of the new zoning
districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and
Flexible levels of review, and;
WHEREAS, it being advisable to amend the provisions regarding outdoor cafes in
order to allow service of alcoholic beverages and clarify other requirements, design
provisions and revocation criteria, and
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, now therelore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Article 3, Section 9-909. Outdoor Cafes located within public right(s)-
of-way, of the Community Development Code, be amended, and the same is hereby
amended to read as follows:
Section 3-909. - Outdoor cafes located within public right(s)-of-way.
A. Applicability. (i.) A restaurant or (ii.) a take-out food establishment with no
indoor seating may establish an outdoor cafe and shall be exempt from
parking requirements.
1. Outdoor cafes are allowed only in/on:
a. The Downtown District;
b. Those properties located in the Commercial District subject to
the Clearwater powntown Redevelopment Plan; a+�
c. Those properties located in the Tourist District on Clearwater
Beach-; and
Ordinance No. 8331-12
d. The east side of that area known as Beach Walk as existinq
on the east side of Gulfview Boulevard between Second
Street and the southern terminus of Beach Walk
approximatelv 330 feet south of Fifth Street and as located
within the Beach Walk District as provided in Beach by Desiqn
and further located in the Open Space/Recreation fOS/Rl
District on Clearwater Beach provided the outdoor cafe is in
coniunction with a permitted restaurant in the adiacent Tourist
District.
* * * * * * � * * *
C. Location and design requirements.
* * * * * * * * * *
6. Outdoor cafes pursuant to Section 3-909.A.1.d above, are restricted
to sidewalk frontaqe of the subject business applvinq for a permit and
may extend no more than 25 feet from the fa�ade of the subiect
business Under no circumstances may any portion of an outdoor cafe
extend into or obstruct any portion of the main pedestrian thorouqhfare
�promenade) of Beach Walk. In addition access to outdoor cafes
from the public riqht-of-wav shall be limited to no more than one
entranceway The perimeter of outdoor cafes shall be clearlv
delineated through the use of self-supporting fencinq and/or landscape
planters and/or other such devices and methods as presented to and
approved by the Citv.
7. Any area in which an outdoor cafe is permitted shall be clearlv
1 1' 1 1__. ' 1 1 1 ' 1.._ ll-- J '2: 11
aeii�i�aiea ��� a c�rawiric� accu��teiy U��icun�i ine a��d a��U 5�eci�iCanV
delineating where alcohol beveraqe sales are intended to occur. Such
a drawinq shall be submitted to and approved by the City as part of a
Minimum Flexible Standard or Flexible Development application, as
a��licable.
D. Operational requirements.
* � * * * * * � * *
14.Alcoholic bevera�es ma�r be served in conjunction with anv lawfullv
permitted outdoor cafe provided the business to which the outdoor
cafe is accessory is in possession of all required licenses.
E. Revocafion of permit. Upon revocation of a permit, the community
development coordinator shall give written notice of such action by certified
mail, return receipt requested, to the permittee at the address listed on the
application, stating the reason(s) for revocation. The revocation shall become
effective 15 days following mailing of the notice if not appealed as provided in
section 4-501A. The community development coordinator may revoke a
permit for any outdoor cafe if it is found that:
2 Ordinance No. 8331-12
* * * * * * * * * *
5. The outdoor cafe is deemed bv the Ciiyto not be in the Citv's or the
public's best interest no lonqer meets the purpose and/or intent of the
zoning district or any applicable overlay/special area plan and/or is
simplv no lonqer a desired use/activity.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form: Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
3 Ordinance No. 8331-12
. MARK T. PARRY
'1�655 Linwood Drive Tel: (727) 742.2461
Clearwater, FL 33755 E-mail: mparry@tampabay.rr.com
SUMMARY OF QUALIFICATIONS
A dedicated, AICP certified professional Planner focused on contributing to the fieid of Urban Planning
experienced in public and private sector planning. An excellent communicator, able to effectively interact
with clients, local government officials and business professionals at all levels. Experienced in various
aspects of urban design and planning, zoning regulations and permitting.
OBJECTIVE
To secure a Planning position which will allow me to continue improving the built environment and my
community through sound and innovative planning and design principals.
EDUCATION
COOK COLLEGE, RUTGERS UNIVERSITY, New Brunswick, NJ
B.S. Landscape Architecture Major, Urban Planning Certification
B.S. Environmental Planning and Design
Certificate Urban Planning
Golden Key National Honor Society; Sigma Lambda Alpha
American Planning Association (Florida Chapter); member
A1CP#020597
40-hour OSHA (Hazwoper) Training
EXPERIENCE
PLANNING DEPARTMENT, CITY OF CLEARWATER 04/12 - Present
08/98—04/05
�eacl Nianner; 5enior rianneriACiing ueveiopmeni Keview ivianager
• Responsible for nonresidential and single/multi-family site plan review and permitting.
• Assist in the implementation and subsequent review of the Community Development Code.
• Responsible for assessing and writing Community Development Code amendments.
• Land Development Code development, interpretation and application.
• Provide, inspect and direct landscape review/design.
. Acting Development Review Manager 9/99— 11/99 and 01/05—03/05.
• Manage and direct Associate Planners.
• Review, process and present variance/conditional use, land use/zoning atlas amendment and annexation
applications at in-house and public review meetings.
• Principle Planner in creating and implementing Clearwater's Downtown Design Guidelines.
Assisted in the implementation and application of the Clearwater powntown Redevelopment Plan.
DEVELOPMENT AND ENVIRONMENTAL SERVICES, CARDNO TBE 04 5— 4
Senior Planner
• Planner of record for Cities of Indian Rocks Beach, Seminole and Clearwater and Town of Belleair.
• Responsible for nonresidential and single/multi-family site plan review and permitting.
• Perform site design and inspections.
• Provide technical planning support for engineering department.
• Provide support for Zoning Code, Comprehensive Plan, Zoning and Land Use Plan amendments.
• Research and write Evaluation and Appraisal Reports.
• Create and update Special Area Plans/Form-based Codes.
• Provide CADD support.
• Assist with creating redevelopment marketing material.
• Perform technical environmental services including soil and groundwater sampling.
GREENSCAPES-GLD, MARLBORO, NJ 9�92 —6�98
Designer/Owner
• Founded and established a local garden and landscape business.
• Plan and oversee instaliation of commercial and residential landscaping projects utilizing a variety of CADD
and photo-manipulation programs.
• Develop and implement advertising programs, brochures and graphics.
• Estimate, bid and negotiate jobs.
• Source and negotiate purchase of materials and equipment.
• Manage, train and schedule installation crews.
LONGSTREET FARM, MONMOUTH COUNTY PARK SYSTEM, HOLMDEL, NJ 6/87 - 8/93
Program Supervisor
• Assisted in formulating and running children's summer program ("Hayseed").
• Created and coordinated daily programs and schedules for 6-9 year old groups.
• Supervised several other programs throughout the year. �
• Created a demand which was twice the program's capacity after the first year.
COMPUTER SKILLS
Access, Microsoft Office, Microsoft Works, ClarisWorks, MS Word, Land Designer Pro, Permit Plan,
Excel, Cornerstone, AutoCADD, PowerPoint, Publisher
�
•
CDB Meeting Date:
Case Number:
June 19, 2012
TA2012-05006
Ordinance Number: 8331-12
Agenda Item: E-1
Case Planner:
�
Mark Parry, Planner III
.r
Parry, Mark
�
From: Parry, Mark
Sent: Tuesday, June 19, 2012 9:34 AM
To: 'Nfritsch'; Watkins, Sherry
Cc: Delk, Michael; Clayton, Gina
Subject: RE: text ammendments
Attachments: image001. png
�
Nick,
Thanks for you comment.
I'm not sure we need anything like that in the Community Development Code with regard to the proposed Code
amendment. I believe that the Code of Ordinances covers this:
Sec. 6.31. - Prohibited acts.�
(1)
�2)
(3)
(4)
It shall be a violation for any person licensed to operate an alcoholic beverage establishment, or
employed by or acting as an agent of any such establishment, and who sells or causes to be sold
any alcoholic beverage, to permit such beverage to be consumed on any property under the control,
directly or indirectly, of the licensee, except within the area of the premises which is licensed for
such sales and consumption.
It shall be a violation for any person to consume any alcoholic beverage, or to possess any �pettec�
or unsealed ��r�aine� �c�rik�inir�� an alcoholic beverage, on any property under the control, directly
or indirectly, of the licensee, except within the area of the premises which is licensed for such sales
and consumption.
It shall be a violation for any person to consume any alcoholic beverage, or to possess any dp�:ned
or unsealed +��t�tait��r �vrtta�nir�g an alcoholic beverage, off a licensed premises and within 500
feet thereof, except within enclosed buildings, within an area occupied by another alcoholic
beverage establishment when that area is licensed for such consumption, or on property occupied
by residential structures. The distance set forth in this subsection shall be measured by following a
straight line from that portion of any structure licensed for the sale of alcoholic beverages nearest to
the place of violation of this subsection.
It shall be a violation for any person to sell or consume any alcoholic beverage, or to possess any
t�pen�� or unsealed �+�r�tainer c�n�tatining an alcoho►ic beverage, at the following places, except
pursuant to an alcoholic beverage special event permit issued under the provisions of section 22.88
through 22.91, pursuant to an outdoor cafe permit issued under the provisions of the Community
Development Code, or pursuant to a license issued by the Division of Alcoholic Beverages and
Tobacco of the Florida Department of Business and Professional Regulation that permits the sale or
consumption at the location:
(a)
On any public beach.
(b)
� � �
.
On or in any public street, alley, sidewalk, parking lot or right-of-way, including but not limited
to unimproved public street rights-of-way terminating at a body of navigable water. "Public
street" or "parking lot" as used in this subsection shall mean those areas described in F.S. §
316.003(53), (2004), which are defined to include the entire width between the boundary
lines of a way or place if any part of that way or place is c�pen to public use for the purpose
of vehicular traffic, including the parking lots of matls, strip centers, convenience stores,
hotels, motels, or other commercial establishments.
(c)
(5)
(d)
On any other publicly owned property, except on any portion of publicly owned property
when rented to private parties or when authorized by the public agency that owns the
property so long as the sale or consumption of alcoholic beverages would otherwise be in
compliance with the Alcoholic Beverage Laws of the State of Florida.
On any portion of the Courtney Campbell Recreation Area as defined in section 22.21
There shall be no bottle clubs.
(Cade 9980, § 72. i7; Ord. No. 5693-94, § 9, 10-20-94; Ord. No. 6118-97, § 2, 1-23-97; Ord. No. 6�t&2-99, § 1. 91-4-99; Ord.
No. 7074-03, § 1, 4-3-03; Ord. No. 7286-09, § 1, 3-18-04; Orrt. No. 7543-05, § 2,- 12-95-05; Ord. No. 8042-09, § 7, 6-�-09J
Cross reference— Paifcs, beaches and recreafion generally, ch. 22; streefs, sidewa/ks and other public places generatly,
ch. 28.
Mark
From: Nfritsch [mailto:nfritsch@tampabay.rr.com]
Sent: Tuesday, June 19, 2012 8:21 AM
To: Parry, Mark; Watkins, Sherry
Subject: text ammendments
does a provision need to be added "No open container of an alcoholic beverage
may be carried or removed from the
premises." Even if there is an existing ordinance it may be a good idea to include it as a specific condition; as a
reminder. tks Nick
From my Android phone on T-Mobile. The frst nationwide 4G network.
�
CJ
•
DBPR ABT-6001 — Division of Alcoholic Beverages and Tobacco
Application for New Alcoholic Beverage License and Tobacco Permit
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
NOTE — This form must be submitted as part of an application packet
DBPR Form
ABT-6001
Revised 09/2010
If you have any questions or need assistance in completing this application, p/ease contact the
Department of Business and Professional Regulation or your local district office. Please submit your
completed application fo your loca/ district office. This application may be submitted by mail, through
appointment, or it can be dropped off. A District Office Address and Contact Information Sheet can be
found on AB&T's page of the DBPR web site at the link provided below.
http://www.myflorida.com/dbpr/abtldistrict offices/licensinq.html
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License Series Requested Type/Class Requested Do you wish to purchase a Temporary License?
❑ Yes ❑ No
Child License Requested Number of Child Licenses Requested
❑ Retail Alcoholic Beverages ❑ Alcoholic Beverage Manufacturer
❑ Beer/Wine/Liquor ❑ Retail Tobacco Products (must check one or more of the below)
Wholesaler ❑Pipes Only ❑Over the Counter ❑Vending Machine
❑ Passenger Waiting Lounge
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If the applicant is a corporation or other legal entity, enter the name and the document number as registered
with the Florida Department of State Division of Corporations on the line below.
Full Name of Applicant: (This is the name the license will be issued in) Department of State Document #
Business Name (D/B/A)
FEIN Number Business Telephone Number
Location Address (Street and Number)
City County State Zip Code
FL
Check either:
❑ Location is within the city limits or ❑ Location is in the unincorporated county
Contact Person Telephone Number
ext.
E-Mail Address
Mailing Address (Street or P.O. Box)
City State Zip Code
ABT District Office Received / Date Stamp
Auth. 61A-1.023 & 61A-5.056, FAC 5
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1. Business Name (D/B/A)
2. Full Name of Individual
Social Security Number` Home Telephone Number Date of Birth
Race Sex Height Weight Eye Color Hair Color
3. Are you a U.S. citizen?
❑ Yes ❑ No
If no, immigration card number or passport number:
4. Home Address (Street and Number)
City State Zip Code
5. Do you currently own or have an interest in any business selling alcoholic beverages, wholesale
cigarette or tobacco products, or a bottle club?
❑ Yes ❑ No
If es, rovide the information re uested below. The location address should include the cit and state.
Business Name (D/B/A) License Number
Location Address
6. Have you had any type of alcoholic beverape, or bottle club license, or cigarette, or tobacco permit
refused, revoked or suspended anywhere in the past 15 years?
❑ Yes ❑ No
If es rovide the information re uested below. The Iocation address should include the cit and state.
Business Name (D/B/A) Date
Location Address
7. Have you been convicted of a felonv within the past 15 years? ❑ Yes ❑ No
If yes, provide the information requested below and provide a Copy of the Arrest Disposition, as
re uested in the A lication Re uirements checklist.
Date Location
Type of Offense
8. Have you been convicted of an offense involving alcoholic beveraqes anywhere within the past 5
years? ❑ Yes ❑ No
If yes, provide the information requested below and provide a Copy of the Arrest Disposition, as
re uested in the A lication Re uirements checklist.
Date Location
Type of Offense
Auth. 67A-1.023 & 61A-5.056, FAC
Have you been arres�d or issued a notice to appear in any state o�the United States or its territories
within the past 15 years? ❑ Yes ❑ No
if yes, provide the information requested below and a Copy of the Arrest Disposition.
Attach additional sheet if necessa .
Date Location
Type of Offense
0. � Are you an official with State police powers granted by the Florida Legislature?
"I swear under oath or affirmation under penalty of perjury as provided for in Sections 559.791, 562.45 and
837.06, Florida Statutes, that I have fully disclosed any and all parties financially and or contractually
interested in this business and that the parties are disclosed in the Disclosure of Interested Parties of this
application. I further swear or affirm that the foregoing information is true and correct."
STATE OF
COUNTY OF
APPLICANT SIGNATURE
The foregoing was () Sworn to and Subscribed OR () Acknowledged Before me this Day
20 , By
(print name of person making statement)
known to me OR () who produced
Commission Expires:
Notarv Public
(ATTACH ADDITIONAL COPIES AS NECESSARY)
ho is ( ) personally
as identification.
*Social Security Number
Under the Federal Privacy Act, disclosure of Social Security numbers is voluntary unless a Federal
statute specifically requires it or allows states to collect the number. In this instance, disclosure of social
security numbers is mandatory pursuant to Title 42 United States Code, Sections 653 and 654; and
sections 409.2577, 409.2598, and 559.79, Florida Statutes. Social Security numbers are used to allow
efficient screening of applicants and licensees by a Title IV-D child support agency to assure compliance
with child support obligations. Social Security numbers must also be recorded on all professional and
occupational license applications and are used for licensee identification pursuant to the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform Act), 104 Pub.L.193,
Sec. 317. The State of Florida is authorized to collect the social security number of licensees pursuant to
the Social Security Act, 42 U.S.C. 405(c)(2)(C)(I). This information is used to identify licensees for tax
administration purposes.
Auth. 61A-1.023 8 61A-5.056, FAC
Auth. 61A-1.023 & 61A-5.056, FAC
Full Name of Applicant: (This is the name the license will be issued in)
Business Name (D/B/A)
Street Address
City
County I State
FL
A. The location complies with zoning requirements for the sale of alcoholic beverages or wholesale
tobacco products pursuant to this application for a Series license.
B. This approval includes outside areas which are contiguous to the premises which are to be part of the
premises sought to be licensed and are identified on the sketch?" ❑ Yes ❑ No
Signed Date
Title
The named applicant for a license/permit has complied with the Florida Statutes concerning registration for
Sales and Use Tax.
1. This is to verify that the current owner as named in this application has filed all returns and that all
outstanding billings and returns appear to have been paid through the period ending
or the liability has been acknowledged and agreed to be paid by the applicant. This verification does not
constitute a certificate as contained in Section 212.10 (1), F.S. (Not applicable if no transfer involved).
2. Furthermore, the named applicant for an Alcoholic Beverage License has complied with Florida Statutes
concerning registration for Sales and Use Tax, and has paid any applicable taxes due.
Signed Date
Title Department of Revenue Stamp
The above establishment complies with the requirements of the Florida Sanitary Code.
Signed Date
Title
Auth. 61A-1.023 & 61A-5.056, FAC
Agency,
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Business Name (D/B/A)
These questions must be answered about this business for every person or entity listed as the applicant and
copies of agreements must be submitted with this application. If the management, service, or other
contractual agreement gives a person or entity control of the licensed premises or the sale of alcoholic
beverages, disclosure of those persons must be made in the section labeled "DIRECT INTEREST" in the
DISCLOSURE OF INTERESTED PARTIES section. They must also submit fingerprints and a related party
ersonal information sheet.
1. Yes p No ❑ Is there a management contract, franchise agreement, or service agreement in
connection with this business?
2. Yes ❑ No ❑ Are there any agreements which require a payment of a percentage of gross or net
recei ts from the business operation?
3. Yes ❑ No ❑ Have you or anyone listed on this application, accepted money, equipment or
anything of value in connection with this business from a manufacturer or
wholesaler of alcoholic beverages?
,
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Has the applicant entity been convicted of a felony in this state, any other state, or by the United States in
the last 15 years?
❑ Yes ❑ No
If the answer is "Yes," please list all details including the date of conviction, the crime for which the entity
was convicted, and the city, county, state and court where the conviction took place.
(Attach additional sheets if necessary)
Auth. 61A-1.023 8 61A-5.056, FAC
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Business Name (D/B/A)
Please check the appropriate "Special Alcoholic Beverage License" box of the license for which you are
applying. Fill in the corresponding requirements for each Special License type.
❑ Quota Alcoholic Beverage License ❑ Special Alcoholic Beverage License
❑ Club Alcoholic Beverage License
This license is issued pursuant to , Florida Statutes or Special Act, and as such we
acknowledge the following requirements must be met and maintained:
Please initial and date:
Applicant's Initials Date
Auth. 61A-1.023 & 61A-5.056, FAC
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Note: Failure to disclose an interest, direct or indirect, could result in denial, suspension and/or revocation of
our license.
Business Name (D/B/A)
1. When applicable, please complete the appropriate section below. Attach extra sheets if necessary.
Title/Position Name Stock %
CORPORATION (CORP/INC)
President
Vice President
Secretary
Treasurer
Director(s)
Stockholder(s)
LIMITED LIABILITY COMPANY LLC/LC
Managing Member(s)
and/or Managers
Members
(must be printed if
there are no
managing members
or mana ers
LIMITED PARTNERSHIP LTD/LP/LTDLLP
General Partner(s)
Limited Partner(s)
Bar Manager (Fraternal Organizations of National Scope only):
DIRECT INTEREST
Name of Individual or Entity (If a legal entity, list name under which the entity does business and its principles)
Title/Position Name Stock %
2. Are there any persons not listed above who have guaranteed or co-signed a lease or loan, or any person
or entity who has loaned money to the business that is not a traditional lending institution?
❑ Yes ❑ No
If yes, and the terms create a direct interest in the business, you must list the person(s) or entity and
indicate which of the below applies. Each directly interested person must submit fingerprints and a related
art ersonal information sheet. Co ies of a reements must be submitted with this a lication.
Name Guarantor Co-signer Lender Interest Rate
List
❑ ❑ ❑
❑ ❑ ❑
❑ ❑ ❑
Auth. 61A-1.023 & 61A-5.056, FAC
Business Name (D/B/A)
"I, the undersigned individually, or if a registered legal entity for itself and its related parties, hereby swear or
affirm that I am duly authorized to make the above and foregoing application and, as such, I hereby swear or
affirm that the attached sketch is a true and correct representation of the premises to be licensed and agree
that the place of business, if licensed, may be inspected and searched during business hours or at any time
business is being conducted on the premises without a search warrant by officers of the Division of Alcoholic
Beverages and Tobacco, the Sheriff, his Deputies, and Police Officers for the purposes of determining
compliance with the beverage and retail tobacco laws."
"I swear under oath or affirmation under penalty of perjury as provided for in Sections 559.791, 562.45 and
837.06, Florida Statutes, that the foregoing information is true and that no other person or entity except as
indicated herein has an interest in the alcoholic beverage license and/or tobacco permit, and all of the above
listed persons or entities meet the qualifications necessary to hold an interest in the alcoholic beverage license
and/or tobacco permit."
STATE OF
COUNTY OF
APPLICANT SIGNATURE
APPLICANT SIGNATURE
The foregoing was () Sworn to and Subscribed OR () Acknowledged Before me this Day
of , 20 , By who is () personally
(print name(s) of person(s) making statement)
known to me OR () who produced
Commission Expires:
Notarv Public
Auth. 61A-1.023 & 61A-5.056, FAC 9
identification.
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This section is to be completed for all current alcoholic beverage and/or tobacco license holders listed on the
a lication to ensure the most u to date information is ca tured.
Business Name (D/B/A)
Last Name First M.I.
Current Alcohol Beverage and/or Tobacco License Permit/Number(s)
Date of Birth Social Security Number`
Street Address
City State Zip Code
Last Name First M.I.
Current Alcohol Beverage and/or Tobacco License Permit/Number(s)
Date of Birth Social Security Number'
Street Address
City State Zip Code
Last Name First M.I.
Current Alcohol Beverage and/or Tobacco License Permit/Number(s)
Date of Birth Social Security Number"
Street Address
City State Zip Code
Last Name First M.I.
Current Alcohol Beverage and/or Tobacco License Permit/Number(s)
Date of Birth Social Security Number*
Street Address
City State Zip Code
Last Name First M.I.
Current Alcohol Beverage and/or Tobacco License Permit/Number(s)
Date of Birth Social Security Number"
Street Address
City State Zip Code
Auth. 61A-1.023 & 61A-5.056, FAC 10