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File #: 2023-0692   
Type: Agenda Item Status: Passed
File created: 3/6/2023 In control: City Council
On agenda: 3/21/2023 Final action: 3/21/2023
Title: Approve the sale of beer and wine for off-premises consumption for Family Dollar Stores of Florida, LLC d/b/a Family Dollar #0766 located at 2614 NE 14th Street (Quasi-Judicial)
Attachments: 1. Family Dollar Stores of Florida LLC SUNBIZ, 2. Case Map FD #0766

Submitted By: Samantha Pintos

presenter

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-premises consumption for Family Dollar Stores of Florida, LLC d/b/a Family Dollar #0766 located at 2614 NE 14th Street (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:                                          Family Dollar Stores of Florida, LLC d/b/a Family Dollar #0766

                     Property Owner:                                          Gunsmoke, LLC C/O Poinciana Management Inc

                     Address:                                                               2614 NE 14th Street

                     Building area:                                          5950 square feet

                     Seats / employees:                     No Seats/ five employees

                     Required parking:                     33 spaces

                     Provided parking:                     33 spaces

                     Outside Sound:                                          No

                     Police Presence:                                          There have been 64 calls for service at this location during the past two years. Three 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-premises consumption for Family Dollar Stores of Florida, LLC d/b/a Family Dollar #0766. The hours will be Sunday-Saturday 9:00 a.m. to 9:00 a.m. (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 are three within the 500-foot radius:

                     Future Star Preschool Academy

                     Ocala Bible Chapel Inc

                     Ocala Science of Mind Inc

 

Proximity to other Alcohol Beverage Establishments: There are three within the 500-foot radius:

                     Sunshine Food Mart #202 - 2APS

                     Discount Liquor - 3APS

                     Dollar General #11504 - 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 one year which upon the request of the applicant can be extended an additional 6 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:

N/A

 

LEGAL REVIEW:

The application 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.