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 d/b/a 7-Eleven located at 24 NW 60th Ave. (Quasi Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant: 7-Eleven, Inc, a Texas Corporation d/b/a 7-Eleven
• Property Owner: Dinkins & Dinkins, Inc
• Address: 24 NW 60th Ave
• Building area: Pending site plan approval
• Seats / employees: Pending site plan approval
• Required parking: Pending site plan approval
• Provided parking: Pending site plan approval
• Outside Sound: No
• Police Presence: There have been four (4) calls for service at this location during the past two years. None were criminal in nature.
• Reason: New location - no previous location permit
• 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. The hours will be Monday - Sunday 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.
• The applicant has filed this request as part of due diligence prior to commencing construction of the business. City Council approval will expire prior to the applicant being able to obtain the required state alcoholic beverage license. The applicant will need to reapply for City Council approval prior to commencing alcoholic beverage sales on the property.
FINDINGS AND CONCLUSIONS:
Proximity to schools, churches, day care centers: There are none within the 500’ radius.
Proximity to other Alcohol Beverage Establishments: There is one within the 500’ radius:
• Circle K #1421 - 2APS
Site Inspection: In compliance.
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
• 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.
ADDITIONAL SUPPORT MATERIALS AVAILABLE UPON REQUEST:
Application, legal documents and photos for Case #1003916.