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location, beautiful downtown 65th Stone Street, Cocoa, Florida. We will have invocation by Councilman Hearn and Pledge of Allegiance by Deputy Mayor Weeks. And then we will proceed in roll call. All right.
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Dear Heavenly Father, I'd like to first start off by giving thanks just for allowing us to ride here this morning safe and sound. I thank you for continuing to watch over us throughout this year as we endeavor into a new year. I ask that you continue to watch over the city of Cocoa and our neighbors, protect us, and continue to guide us through prosperity. In Jesus' name we pray, amen. Amen. I pledge allegiance to the flag
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God, indivisible, with liberty and justice for all.
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We have deputy city clerk, yours truly, Ms. Laura Chabot. ‸ Would you be kind enough, ma'am, to give us ‸ roll call, ma'am?
Yes, sir.
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Present, ma'am.
Deputy Mayor Weeks. Here.
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Here. Councilman Hearn. Here.
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And Assistant City Attorney Ike.
Here.
Okay.
Thank you.
Okay. We have a quorum then. Yes, ma'am.
‸ Yes. Yes, we do.
And who is that to your immediate right, ma'am?
I forgot City Attorney Whitten. All
right.
Attorney
manager.
Good
job. He's
been promoted to attorney. Yeah.
Okay.
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the 23rd, 2024. What are the wishes of council?
Motion to approve.
We have a motion on the floor by Councilman Hearn. Second. Second by Deputy Mayor Weeks.
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All in favor by saying aye. Aye.
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have it unanimously. Any awards and presentations? Seeing none.
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Consent agenda item? Seeing none. Okay. Proceeding on to item number six. Seeing no public hearings.
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prepare an ordinance, to update and amend Appendix A, Article 13, Section 20, Alcohol Beverages. ‸ Be mindful, if I may. And then I'm going
to
turn it over to our city manager and
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as well. But be mindful. We have a park that's located on the corner of 520 and Fisk. We have a church across the street. And then you think about what took place over there at Zion Orthodox across the street. Even those two separate type of businesses, it still has an impact in our community. And the fire station as well. Thank you very much, Councilman Hearn. You're absolutely right. Thank you. Very important caveat there. Mr. City Manager. Sir. Thank you, Mr.
Mayor.
So, yes, sir.
And again, ‸ I'll remind the public that once we get into it in general, take it through a presentation there. But we believe we have an emergent situation where you all needed to act to make some modifications to the code. This would be citywide. Remember, we have ‸ a number of parks, a number of regional parks, churches and schools all throughout the city there. And so there are ‸ some places in our ordinance that we just need to shore up. We need to sync up with Florida statutes.
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And it will become quite clear what we're trying to accomplish here. So I'll turn it over to Mrs. Webster.
Thank you. Thank you, Stockton, for introducing that. And so and good morning, everyone. Good morning, Mayor,
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So this is a request to prepare an ordinance update regarding alcoholic beverage sales. So the request is to approve direction to staff to prepare an ordinance to amend appendix A, article 13, section 20, alcoholic beverages to at a minimum update the code to be consistent with Florida statute.
562.45 regarding the 500-foot distancing requirements from public or private elementary schools, middle schools, or secondary schools and locations for on-premises consumption of alcohol. Also to impose a minimum 300-foot separation distance between liquor stores, package stores, which shall not include grocery stores or convenience stores, and schools, churches, parks and playgrounds, and residential zones.
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impose a minimum 300-foot separation distance
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of alcohol and parks and playgrounds, and
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20, alcoholic beverages. And lastly, to approve direction to staff not to issue permits or business tax receipts, or approve applications for building permits, development orders, or other land use permits within the city, which would affect which would conflict with the pending amendments. Currently, Appendix A, Zoning, Article 13, Section 20 of the City Code regarding alcoholic beverages. contains certain restrictions as to the ‸ location of the on-premises sale and consumption of alcoholic
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proposed premises is within 300 feet of an established school, church, or residential zone. Such distances are currently measured by a straight line from the nearest point of the building or portion of a building, which is the proposed premises, to the nearest point of the building or portion of a building, which is the established premises. There are currently no required minimum distances between premises selling selling alcoholic beverages and the building line of a school, church, or residential zone when the premises is located in Cocoa Village Central Business District, or within a shopping center of 20 000 square feet or more, or is licensed strictly for off-premises consumption, such as grocery stores, convenience stores, and liquor stores, etc.
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means what? Currently, there are restrictions on bar and lounges located in proximity versus what?
That's correct.
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premises consumption of alcohol with regard to the distances between uh schools, churches, and residential zones. So, what we're now looking at is the distance requirements or lack thereof of off-premises consumption establishments, such as liquor stores, package stores.
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stores, packaging packaging ‸ That's
correct. okay
okay okay
okay okay okay
It
was a ‸ simple question though.
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consumption, does a median or anything of that nature have anything to do with that or just a straight line from door to door?
Currently the way that it's measured in our code is that it's measured from the nearest building point to the nearest building point. But one of the things that we would like to request to analyze and study is changing that measurement requirement from the
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Thank you.
Yep. Of course.
Any other questions
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So as previously stated, the current distancing requirement only applies to businesses with on-premises
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to add a minimum 300 foot distance requirement between locations for off premises consumption of alcoholic beverages from schools, churches, or residential zones. And these would apply to liquor
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And we'd also uh to study adding parks and playgrounds to the list of existing uses within the 300 foot distance requirement between locations for on and off premises consumption of alcoholic beverages. Grocery stores and convenience stores shall not be subject to such separation requirements.
So so again, go back to that slide. So right now, parks and playgrounds aren't included in in the prohibition on bar and lounges.
That's correct.
And so if we add liquor stores, package stores, we also want to want to add parks and playgrounds to both.
That's correct.
Okay.
Question. Of course. I'm sorry.
That's okay. Yeah.
um so you're saying, um that, uh if a playground is within 300 feet of, of a bar, which, you know, our playgrounds right down there, that, um that they would not be able to have alcohol at those businesses. That's
correct.
Because it's within 300 feet.
That's correct.
Gotcha.
Excluding the
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That's correct. Or
excluding,
excluding, you're right.
Okay. So that won't factor in. This is outside of that.
That's correct. As part of this, as part of our initial request, that's correct.
And then excluding, just so we're
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marketing. um But that,
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package stores there. But if you're a part of a grocery store and you sell wine and liquor, then then that would not be prohibited.
That's correct. Or
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it's in a a retail shopping center that's more than 20 000 square feet.
okay
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ma'am.
Thank you, sir. Yes, ‸ So just continuing on, um
um
so most importantly uh the staff will update the code to be consistent with section 562.45 2a Florida statutes, which provides that a location for on-premises consumption of alcohol, such as a bar and lounge, may not be located within 500 feet of the real property that compromise that comprises a public or private elementary school, middle school, or secondary school, unless the county or municipality approves the ‸ location as promoting the public health, safety, and general welfare welfare of the community.
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bars and lounges among the other possible uses. And again, this is a Florida statute requirement, and um the text that I just read is actually directly from the Florida florida statutes. So not are we
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shoring up all of the inconsistencies with the distancing requirements. Right now, we have the all on-premises consumption at 300 feet. So we want to add to that uh the um excuse me the package stores and liquor stores and also parks and playgrounds to the definitions. But uh as per Florida statute, we need to increase that
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specifically for bars and
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500 feet from schools. So at minimum, for the changes, this is what we'll be doing.
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but that's probably, a there's a some, that's an emergent issue there, because we always want to be in sync with uh Florida statutes there. I mean, they're all the changes in my mind are important. And so,
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is that right now our, our ordinance, our code doesn't sync up with Florida statutes
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That's correct. And so also part of the request is to, um that council may direct the staff to revise the method of measurement as we discussed a minute ago between the respective properties for determining the distances between them with respect to the city's uh beverage regulations.
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instead of building to building, but by drawing a straight line between the closest property lines of the respective properties, uh used for on and off premises consumption.
Correct.
So staff believes that implementing these changes to maintain appropriate separation of these uses is in the best interest of the public health, safety and general
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council provide such direction staff shall further study the issues and present a full staff report, proposed legislative legislative findings and an ordinance for the city council's consideration at public hearings. Staff may make further recommended changes to section 20 upon further review. A motion to direct staff as recommended shall constitute legislation in progress and provides notice to the public that the city is developing one or more ordinances to amend the city zoning regulations relating to alcoholic beverages and to inform all interested parties that all applications will be subject to the amendments that are in progress. Staff will promptly evaluate and present an ordinance for the planning and zoning ‸ boards and city council's consideration as soon as possible. ‸ In summary, staff recommends city council approved direction to staff to prepare an ordinance to amend and appendix a article 13 section 20 alcoholic beverages to add a minimum update the code to be consistent with florida statute 562.45 regarding the 500 foot distancing requirements from public or private elementary schools middle schools or secondary schools and locations for on-premises consumption of alcohol
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between liquor stores and package stores which shall not include grocery stores or convenience stores and schools churches parks and playgrounds and residential zones
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and parks and playgrounds
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20, Alcoholic Beverages, and
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approve applications for building permits, development orders, or other land use permits within this city which would conflict with the pending amendments.
Thank you.
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Okay, we will proceed in this order. Councilman
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then Deputy Mayor Weeks. Mr. City Manager, is your light on?
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Okay, well then.
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Yeah, this is
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for mr. mayor am i am i going first yes sir this is this is a question for i think, Mrs. Ike and and maybe Eugene. And so, I just want to make sure there's a clear definition of, go back to the to the request to prepare ordinance. I want to make sure there's a clear definition of convenience store. Because I, because we, because grocery stores, obviously, I think we all know what grocery stores
are.
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Convenience stores are excluded. And I just want to make sure that, is there a definition of convenience stores in, in statute or in our ordinance there? Because, because my fear is, is that someone will try to call themselves a convenience store if they're selling chips with your, with your alcohol. um so, so if you or Mrs. Ike can answer that.
Well, one of the things that we will be reviewing as part of the analysis are the the clear definitions uh as to what we're stating in section 20.
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we will make sure we include those. So
we could actually, if there's, if it's not in code, we could potentially come back with a definition, proposed definition of convenience store. That's
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stores. um If you like, I can read it, but certainly I would agree with Ms. Webster that we, you know, we'll look at this in the process of um updating the ordinance if need be. ‸ Yeah,
if you got it in front of you, you don't
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Yeah, that'd be great. okay
yes it's a store selling at retail items such as food and drinks books magazines newspapers notions and sundries which stores open to the public for extended periods of time for the customer's convenience before ‸ after normal shopping hours convenience stores may also sell at retail gasoline or other volatile fuel, provided that the sale of fuel is incidental to the sale of other items and does not constitute the primary business of the store. And provided that all other specific district regulations of the zoning ordinance are met, convenience stores are sometimes referred to as
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in a freestanding, single occupancy structure. So that is the definition in the city's zoning code currently.
the city's zoning code
currently
thank you
‸ Yes,
sir. Thank you very
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a current business that has a BTR right now
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was... um
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they would be... To the extent that we adopt a an ordinance, new existing businesses would be affected in that they may become non-conforming However, they would continue to allow to exist. And yeah, so I want to be clear about that.
Explain the non-conforming part.
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until, um you know, they essentially the youth is abandoned. um But at that point, they would no longer be able to start again at that location. Okay. That's the the simplest version of it.
Yeah. Once it goes away,
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same business.
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But, but it's then I mean, because you could have a different uh owner, for example, come in if the if the youth was not abandoned in the interim. So, for example, if it was uh if it was uh marketed as that was one of the, you know, uses that were allowed, it really has to be... a There has to be an intent to abandon that
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Okay. does does um Does selling food matter as far as restaurant? Because I didn't see any of that. I see a lot of, you know, the convenience and stuff like that. Does food if
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right? You sell alcohol and it's a church within 200 feet. Is that exempt as well?
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that's considered a restaurant where their alcohol sales is, where they have more than 40 seats and the alcohol sales is secondary to the business, then yes, they would be
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see that. Well, i'm we don't have the whole ordinance, but is that is that going to be a part of?
That will be something that we will further analyze and explain and include in the full analysis when we do, when we present the actual ordinance with the full staff report and analysis. That would be someone we something we'd analyze as well. Okay.
cuz
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i just I know we're trying to prevent something. I think it's a great idea for us to do that. But I also don't want to put us in a box to where, you know, we get certain franchises coming in and that prevents something that could be, you know, a big plus for, for, for the city. um That may not have that package component, but they have alcohol sales. That's
correct. Yeah.
We're not,
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you know, and so restaurants, but again, the definition of a, of a restaurant
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there, ‸ you're not a restaurant.
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what we call them, but you were,
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uh
that
that's all I had. That's ‸ only, that's really the only concern that I had is just, you know, I like this, like the ideal on the face of it is just, I don't want to put us, lock us into something and, you know, and
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Grocery. That's
considered a grocery store because in her, when she was reading about convenience stores, it's more than the convenience store, but I don't think of it as a grocery store, but that's what you're, it is termed under. That
we would classify. ‸ You
would classify ‸ Okay. um why, uh why would you change building to building And versus property line. What's the rationale behind that?
um when there was a, an ordinance that was passed. In
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uh the measurement requirements for that were from property line to property line. So we were just trying to establish some some consistency with how how those measurements were treated.
Yeah.
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it actually if you look at the arrows, you know, I mean, it it shrinks. the The sort of prohibition distance, you know, and so so that's also another factor, you know, again, but. So you did that with the
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and the
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and the
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and we're just saying, well, let's just are we going to consistently be property line the property line or everything else is from the
nearest
building point to nearest building point. Again, you know, the recommendation is, is that we be consistent with what you most recently did. And again, that actually. um Shrinks the distance for the prohibition also.
okay um If uh we
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affect yet, correct? That's what your full report will show.
That's correct.
okay um
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and then uh say they want to sell it uh
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That will definitely affect property values for resale. So that's a concern I have. Yeah.
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little bit. It's complicated because you can. I mean, the the um just lost the term The uh
non-conforming Yes.
Thank you. Thank you. If
you
can go back over what what actually is non-conforming or when you can continue on uh in the same line of business.
‸ Well, yeah, it is. It is a little complicated. um And but but but essentially what if
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and under this and and and a proposed ordinance or a new ordinance that's adopted ‸ would no longer be able to if they were, let's say, a new business. They become non-conforming um and non-conforming uses are allowed to continue um until there is essentially an intent to abandon that use. um when we have an issue with a property where, um you know, let's say the business has has closed and they're trying to sell the property. It is a kind of a factually intensive analysis to determine whether or not there was an intent to uh abandon that use at the time. And we look at factors such as, you know, what is going on on the on the property? Have they removed all of all of the equipment? How did they market the property? Things like that. So unfortunately, I can't give, you know, um sort of a quick answer. It is it is an analysis that we have to do looking at a number of factors.
Yeah. Let me let me ask it this way and I'll try to do an example. and i Sorry to put you on the spot, Kristen. But if it if I have Stockton's liquor store right now and I sell to uh Alex. uh So I closed my business in January of 2025. i i uh I have a sales uh contract agreement with him to sell my liquor license and to sell my business and so
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as maybe not Stockton's liquor store, but Alex's business liquor store. is that Is that a fair example? I
would say that's a fair example. I mean, in in the city code, we look typically would consider six months of closure, um sort of a minimum, I would say, of of intent to abandon that use.
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one month, you know, uh closure period and and before a new one opens. So that would most likely be allowed to continue.
Okay. Thank you. I appreciate that.
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um I think we're being ahead of the curve and I commend staff, city manager, and staff and council. uh I do support, I think, the general understanding of this approval. So what are the wishes of council?
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the floor by Councilman Hearn. a second. And a second by Deputy Mayor on Weeks. Do we have any other additional questions, comments, based on staff recommendation?
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gonna ‸ call the question. All in favor, saying aye. Aye.
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have it unanimously. Congratulations. Move forward. Mr. City Manager. Yes,
sir. Thank you. Thank you, Mr. Mayor. And again, for the general public and for the clerk's record, what you what you guys just approved are all of those uh recommendations, requested actions that are on the screen right now. ‸ Okay.
So
thank you.
so Yes, sir. And ma'am, yes, ma'am. I seen that we have no city business, no information, no reports. I want to say Happy Hanukkah, Happy
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Merry Christmas,
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Navidad, Tiger Prize, State Champion, Home of the State Champions, of Fighting Tigers. And we had a great time this past weekend. Kudos to everyone. Do we have any departing comments from either of our council members or deputy mayor's
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Mr. City Manager. uh In regards to the Broadmoor Acres
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um I just had a question. uh Once the project is concludes and it's finished, is there a like a quality control process that we go through the inspect, make sure it's up to our standards as far as uh ‸ work?
‸ Yeah. And I'm sure we're
there
I mean, we, you know,
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and make sure it's functioning. I mean, the real test was this week was this was
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I don't think you guys got, I don't
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again, we make sure that it was built, uh to specs. And so there, there is Mrs. Morgan isn't here, but, but I'm quite sure there's a, a, process of making sure that it, uh it conforms with the, engineering design. Okay.
Perfect. uh council mcgawans Yes, sir.
uh this is really just a thank you to, um streets and public works.
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with the stop signs on stone street and ‸ Blake area, uh the stop signs were already, it's already installed. it took them maybe a few days. um and also, uh to the utilities department. um I had a, uh a boo-boo this weekend with my water line ‸ and um um
and
doing some work around my house. um and my
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actually my neighbor's house. And, um they came through man within an hour on a Sunday. uh it was right before one o'clock NFL game. And I thought for sure they're gonna cuss me out when they show up. uh but they, they showed up on time
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took care of it. And uh just
throw
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some appreciating for them um because um actually they had some ‸ waterline break Friday. They was out
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or
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o'clock in the morning. So most of the guys are dead tired sometimes when they're working. um
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So there you go.
Anyone else? saying none, Merry Christmas to all. Remember the reason for ‸ the season. Chair entertains a motion to adjourn. Motion to adjourn. We have a motion on the floor
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Go Gators. All in favor of saying aye.
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