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 on-premise consumption for BWO Investment, LLC, d/b/a Best Western Ocala at 3701 SW 38th 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: BWO Investment, LLC d/b/a Best Western Ocala
• Property Owner: BWO Investment, LLC
• Address: 3701 SW 38th Ave
• Building area: 59,637 square feet
• Seats / employees: No seats /10 employees
• Required parking: 121 spaces
• Provided parking: 121 spaces
• Outside Sound: No
• Police Presence: There have been 293 calls for service at this location during the past two years. However, only 19 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 on-premise consumption for BWO Investment, LLC d/b/a Best Western Ocala. The hours will be Monday-Friday 8:00 AM to 4:00 PM. (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. None were opposed. The Ocala Police Department expressed that the criminal calls reported are typical disturbances for hotel uses.
FINDINGS AND CONCLUSIONS:
Proximity to schools, churches, day care centers: There are no schools within a 500-foot radius of the premise.
Proximity to other Alcohol Beverage Establishments: There are five within the 500-foot radius:
• Cracker Barrel - 2COP
• Hampton Inn & Suites - 2COP
• Sky Asian Fusion - 4COP
• Residence Inn - 4COP
• Courtyard by Marriott - 4COP
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 one year which upon the request of the applicant can be extended an additional six months. During this provisional period the permit holder must provide to the Building Division 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:
These goods and services were procured in compliance with the City’s procurement policy.
LEGAL REVIEW:
This Agreement has been reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with Changes
• Table
• Deny
• 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.