On October 5, 2020, the City’s Development Department (City) received a request from the Appellant for local zoning authority approval of an ABT application to allow for the change of the existing ABT license, which allows only for package sales of alcoholic beverages with no on-premises consumption (3PS), to a license that allows for on-premises consumption (4COP). The Appellant desires to add a bar to the existing liquor store to provide for the on-premises consumption of alcoholic beverages.
On October 12, 2020, the City’s Contracted Community Development Director, Brad Cornelius, AICP, with Wade Trim, Inc., in consultation with the City Manager, contacted the Appellant by email advising that due to the subject property’s proximity to property owned by Genesis School, Inc., the 500-foot separation requirement, as required by Section 562.45(2)(a), Florida Statutes, between the subject property owned by the Appellant and the property owned by Genesis School, Inc., prohibits the local zoning authority approval of the ABT license change to 4COP. The City Staff justification for the denial was based on the following:
1. The property owned by the Genesis School, Inc. is adjacent to the subject property owned by the Appellant;
2. The Genesis School, Inc. property is developed with school buildings and related facilities (i.e. playground); and
3. The Genesis School, Inc. holds a valid Business Tax Receipt for the operation of the Genesis School at the property located at 6609 River Road.
This email and supporting documentation are attached to this agenda item.
On October 12, 2020, the Appellant’s attorney and authorized representative, Jonathon W. Baker, Esq. of Baker Law, P.A., responded to Mr. Cornelius’ October 12, 2020, email. Mr. Baker objected to the City’s denial of the 4COP license based on the following main points:
1. The Genesis School has not operated at the 6609 River Road for over one year;
2. On August 17, 2019, the City issued a zoning verification letter to Kevin Patel that advised that the subject property at 6706 US HWY 19 has Highway Commercial future land use and Highway Commercial zoning designations, which allow the operation of a “Liquor Lounge” as a permitted use; and
3. The American Legion Paradise Post 79, which is licensed to serve alcoholic beverage for on-premises consumption, is adjacent to the subject property and to the Genesis School property.
The October 12, 2020, email and supporting information submitted by Mr. Baker are attached to this agenda item.
The following provides City Staff response to the two items raised in Mr. Baker’s October 12, 2020, email regarding the zoning verification letter and the American Legion Paradise Post 79.
- Zoning Verification Letter – the zoning verification letter issued by the City on August 17, 2019, does not directly relate to the ability for the issuance of the 4COP license. The question posed to the City was not about the ability to obtain a 4COP license, but it was simply confirming a permitted land use type.
- American Legion Paradise Post 79 – According the Pasco Property Appraiser, the Post was constructed in 1967. In addition, the ABT license held by Post (11C) is only for Lodge and Other Clubs that allows for the on-premises consumption of alcoholic beverages only for members or member’s guests. This is distinctly different than a bar open to the general public.
On October 15, 2020, Mr. Cornelius, City Contracted Community Development Director, in consultation with the City Manager, emailed Mr. Baker to advise that the procedure to address his objections to the denial is to submit a request to the City to have the 4COP license request placed on the City Council agenda for consideration. Under Section 562.45(2)(a), Florida Statutes, the City Council may hold a public hearing to waive the required 500-foot separation requirement. Approval of the waiver of the 500-foot separation requirement is predicated on a finding by the City Council that the waiver promotes the public health, safety, and general welfare of the community. The October 15, 2020, email is attached to this agenda item.
On November 4, 2020, the Appellant submitted a formal appeal to the City’s denial of the request for the 4COP license for the subject property. In the filed appeal, the Appellant states in general that the Genesis School, Inc. property is not currently operating as a school; which makes the application of the 500-foot separation in Section 562.45(2)(a) non-applicable to the subject property. The Appellant also states that if the City Council determines the 500-foot separation requirement applies, then the Appellant request for a 4COP license is compliant with a finding, as required by Section 562.45(2)(a), that the approval of the 4COP license will not be detrimental to the public health, safety, and general welfare due to the Genesis School not being in operation at 6609 River Road for over one year.
The appeal and supporting documentation filed by the Appellant is attached to this agenda item.
As part of City Staff’s research of this issue, Mr. Cornelius, City Contracted Community Development Director, contacted the ABT local office to find how ABT handles the 500-foot separation requirement. ABT advised Mr. Cornelius that the interpretation and application of the 500-foot separation requirement of Section 562.45(2)(a), Florida Statutes, is at the discretion of the local zoning authority (City of New Port Richey).
Public notices were mailed to properties within 500 feet of the Appellant’s subject property. At the City Council hearing, City Staff will provide the results of responses to the mailed public notices.