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 Ocala
 Code of Ordinances
 Chapter 6. ALCOHOLIC BEVERAGES
 Article II. LOCATION RESTRICTIONS

  § 6-35. Distance from churches, schools and day care centers; distance between vendors.  

Latest version.

  • (a)

    Except as to duly licensed vendors of beer, ale and wine sold in sealed containers for consumption off the premises only, and their agents, servants and employees, it shall be unlawful for any person to sell, offer for sale, or permit to be sold any alcoholic beverages within 500 feet of any established church, school or day care center, which distance shall be measured from the nearest point of the property line of said place of business to the nearest point of the property line of the church, school or day care center property. No church which is granted a special exception pursuant to subsection 122-1195(a) after February 21, 1999 or allowed as a permitted use in the B-1, B-1A, B-2, B-2A, B-4 and SC zoning districts after April 21, 2009, shall be considered to be an "established church" for purposes of this subsection. No day care center allowed as a permitted use in B-1, B-1A, B-2, B-2A, B-4 and SC zoning districts after June 1, 2015, shall be considered to be an "established day care center" for purposes of this subsection. No school allowed as a permitted use in B-2, B-2A and B-4 zoning districts after June 1, 2015, shall be considered to be an "established school" for purposes of this subsection.

    (b)

    It shall be unlawful for any person to sell, offer for sale or permit to be sold any alcoholic beverage in violation of the prohibitions and distance restrictions of this section, except as follows:

    (1)

    Sales made from property zoned FBC and fronting a core street as defined in section 122-955, which property is exempted from the restrictions of this section.

    (2)

    Sales made from property zoned FBC and not fronting a core street as defined in section 122-955, which property is exempted from the restrictions of this section, except that these restrictions shall apply to any churches which are in existence prior to the adoption of the ordinance from which this section is derived (August 20, 1996).

    (3)

    Sales/permits as defined in section 6-33(g).

    (4)

    Sales may be exempted from the restrictions contained in paragraph (a) of this section by city council after a public hearing. The public hearing process shall follow the process, and the decision shall be guided by the factors, outlined in section 6-33(c) of this article.

(Code 1961, § 4-4(c)—(e); Ord. No. 1617, § 1, 12-13-83; Code 1985, § 3-25; Ord. No. 2175, § 6, 7-17-90; Ord. No. 2466, § 2, 6-28-94; Ord. No. 2638, § 1, 8-20-96; Ord. No. 2647, § 1, 9-11-96; Ord. No. 2836, § 1, 4-28-98; Ord. No. 4002, § 4, 11-13-00; Ord. No. 5976, § 1, 4-21-09; Ord. No. 2012-38, § 4, 8-7-12; Ord. No. 2015-38, § 1, 6-2-15; Ord. No. 2018-42, § 1, 9-25-18)