Submitted By: Samantha Pintos
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Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Approve the sale of beer and wine for off-premise consumption for 7-Eleven, Inc., a Texas Corporation, Inc d/b/a 7-Eleven # 41806 located on SE Maricamp Road (SR 464) approximately 300 feet east of SE 25th Avenue (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
Notices were mailed on August 24, 2022
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BACKGROUND:
• Notices: Notices were mailed to property owners within 500 feet on 8/24/22
• Applicant: 7-Eleven, Inc. a Texas Corporation d/b/a 7-Eleven #41806
• Property Owner: RM Maricamp LLC
• Address: 29509-000-27 (SE Maricamp Rd and SE 25th Ave)
• Building area: 4724 square feet
• Seats / employees: N/A
• Required parking: N/A
• Provided parking: 31 spaces proposed
• Outside Sound: No
• Police Presence: There have been fifty-five (55) calls for service near this location during the past two years. None were criminal in nature.
• Reason: New location - Second Request. In July 2021, City Council approved the sale of beer and wine for off-premise consumption at this location by this applicant. The applicant was unable to obtain the State license within the required timeframe due to self-imposed delays in project approval and building construction. State licenses require that the building be complete and inspected prior to issuance. Failure to obtain the State license within the required timeframe resulted in expiration of City Council approval in January 2022.
• Rehearing: City Council approved the request on August 16, 2022, by a vote of 3 to 2. However, the public hearing notices were mailed on Monday, August 8, which provided less than the 10 day notice required by Section 6-33(b), Ocala Code of Ordinances. Rehearing of the request is appropriate upon proper notice being given.
• Request: 2APS - The purpose of this permit is to allow the sale of beer and wine for off-premise consumption for 7-Eleven , Inc a Texas Corporation d/b/a 7-Eleven #41806. The hours will be Sunday - Saturday 24 Hours. (Sec. 6-5 limits the hours and times during which alcoholic and intoxicating beverages may be sold, consumed or served, or permitted to be served or consumed, in any place or on any premises defined as a business establishment as follows: for each day of the week except Sunday, between the hours of 7:00 a.m. and 2:00 a.m. the following days. On Sunday, Alcoholic beverages may be sold for consumption on the premises only, between the hours of 11:00 a.m. on Sunday and 2:00 a.m. on Monday; and beer, ale and wine may be sold in sealed containers for consumption off the premises only, between the hours of 7:00 a.m. on Sunday and 2:00 a.m. on Monday.)
• Staff requested comments from the Engineering, Growth Management, Police, and Fire Departments and requested legal review by the City Attorney.
FINDINGS AND CONCLUSIONS:
Proximity to schools, churches, day care centers: There is one church within the 500’ radius:
• Maricamp Road Church of Christ
Proximity to other Alcohol Beverage Establishments: There are one within the 500’ radius:
• Medical Food Mart - 2APS
Site Inspection: In compliance.
CONCLUSIONS: In accordance with Section 6-32(d), any location permit approved by city council shall initially be provisional for a period of 3 months which upon the request of the applicant can be extended an additional 3 months. During this provisional period the permit holder must provide to the building department a copy of the vendor's state issued alcoholic beverage license. If no license is filed during this provisional period, or if the name on the state issued license is not the same as the name of the permit holder, then the permit shall be automatically voided and of no legal effect, otherwise it shall become fully issued.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The application has been reviewed and approved for form and legality by the City Attorney, Robert Batsel Jr.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
• If the City’s alcoholic beverage location permit is not approved, the state will not issue a license and alcohol beverage sales will not be permitted.