Proposed Ordinance Relating to Bottle Club Regulations Planning & Land Development Regulation Board Public Hearing February 17, 2016

Background In early November 2015, about a dozen Palm Coast business owners or residents and the Flagler County Sheriff’s Dept. expressed serious concerns about allowing bottle clubs On November 17 th, Palm Coast City Council approved a resolution establishing a “zoning in progress” On November 18 th, the PLDRB recommended approval to the City Council of an ordinance enacting a 120-day moratorium

Background (Continued) December 15th, City Council adopted ordinance enacting a 120-day moratorium on bottle club permitting Moratorium expires April 13 th PLDRB at Jan. 20, 2016 Workshop directed staff to return with an ordinance adding bottle clubs to the list of prohibited uses

Uses Not Permitted in Palm Coast LDC Section provides the reasoning why these uses are not permitted where it states: “This is due to their potential incompatibility with current development trends in the City, their potential deleterious effects upon the public health, safety, and welfare, and the potential likelihood that they will create nuisances and significant adverse impacts upon adjacent land uses.”

Updated Definition “Bottle club—a commercial establishment licensed by the state, operated for a profit, whether or not a profit is actually made, where patrons consume alcoholic beverages which are brought onto the premises and not sold or supplied to the patrons by the establishment, whether the patrons bring in and maintain custody of their own alcoholic beverages or surrender custody to the establishment for dispensing on the premises, and which is located in a building or other enclosed permanent structure. Non-alcoholic mixers or so-called “set-ups” may be provided by the club.”

“This definition does not apply to sporting facilities where events sanctioned by nationally recognized regulatory athletic or sports associations are held; bona fide restaurants licensed by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation whose primary business is the service of full course meals; or hotels and motels licensed by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation; or a social, fraternal or civic association or organization which only occasionally or intermittently provides facilities for on-premises consumption of alcoholic beverages by its members and their guests and is not registered to sell alcoholic beverages.”

Definition Excludes Private Clubs in Fl. Stat (7)(a): 1. Subordinate lodges or clubs of national fraternal or benevolent associations; 2. Golf clubs, tennis clubs, and beach or cabana clubs which are municipally or privately owned or leased; 3. Nonprofit corporations or clubs devoted to promoting community, municipal, or county development or any phase of community, municipal, or county development; 4. Clubs fostering and promoting the general welfare and prosperity of members of showmen and amusement enterprises; 5. Clubs assisting, promoting, and developing subordinate lodges or clubs of national fraternal or benevolent associations; and 6. Clubs promoting, developing, and maintaining cultural relations of people of the same nationality.

Questions?