Submitted By: Samantha Pintos
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Presentation By: Patricia Hitchcock
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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 d/b/a 7-Eleven #41941H located at 2655 SW 42nd 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: 7-Eleven Inc d/b/a 7-Eleven #41941H
• Property Owner: Ocala 42nd Street Commercial, LLC
• Address: 2655 SW 42nd Street
• Building area: 4,758 square feet
• Seats / employees: 15 seats / five employees
• Required parking: 19 spaces
• Provided parking: 44 spaces
• Outside Sound: No
• Police Presence: There have been three calls for service at this location during the past two years. None were criminal in nature.
• Reason: New location - Previously approved
• Request: 2APS - The purpose of this permit is to allow the sale of beer and wine for off-premise consumption for 7-Eleven, Inc d/b/a 7-Eleven #41641H. The hours will be Monday - Friday, 24 hours per day. (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.
• City Council previously approved this location on August 3, 2021. That approval expired on May 23, 2022.
FINDINGS AND CONCLUSIONS:
Proximity to schools, churches, day care centers: There is one school within the 500’ radius:
• Trinity Catholic High School
Proximity to other Alcohol Beverage Establishments: There are four within the 500’ radius:
• Publix Supermarkets - 2APS
• Publix Liquors - 3PS
• Ninja Sushi & Thai - 2COP
• Piesano’s Pints & Pies - 4COP
Site Inspection: In compliance.
CONCLUSIONS: In accordance with Section 6-32(d), any location permit approved by the 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: N/A
LEGAL REVIEW: This agenda item will be reviewed 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 alcoholic beverage sales will not be permitted.