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<br />or can bears the manufacturer's insignia, name, or trademark. Any person who, by experience in the <br />handling of alcoholic beverages, or by taste, smell, or drinking of such alcoholic beverages has <br />acknowledge of the alcoholic nature thereof, may testify as to his or her opinion about whether such <br />beverage is an alcoholic beverage. <br /> <br />(b) Alcoholic beverage establishment and establishment means establishments licensed by the <br />Florida Division of Alcoholic Beverages and Tobacco for the sale of alcoholic beverages, which may <br />include beer, wine and/or liquor, for consumption off premises only. <br /> <br />(c) Nightclubs. For the purpose of this section, the term "nightclub" is defined as any place of <br />business located within any building or establishment under one (I) roof and on (I) floor, wherein <br />entertainment or music or both are regularly supplied, and providing meals and refreshments prepared <br />on the premises, and having a seating capacity of not less than forty (40) people at tables; having an <br />aggregate floor space of not less than two thousand two hundred (2,200) square feet; and providing a <br />dance floor containing not less than three hundred eight (308) square feet, such floor space provided <br />for dancing to be free from chairs, tables or other obstructions at all times. <br /> <br />(d) Premises means that portion of a parcel of property occupied by an alcoholic beverage <br />establishment. With respect to any business establishment engaged in a business primarily other than <br />the sale or consumption of alcoholic beverages and which maintains a separate section within such <br />business establishment for the sale or consumption of alcoholic beverages, the term shall be limited to <br />such separate section. <br /> <br />(d) Sell and dispense means to transfer or offer to transfer for a consideration, or in connection <br />with or as a part of a transfer of other property or a service for a consideration. <br /> <br />Section 4. Location of Establishments. No premises shall be used for the sale of any alcoholic <br />beverages, under defined herein, to be consumed on or off the premises where the structure or place of <br />business intended for such use is located less than fiye lltiaarea (500) seven hundred fiftv (750) feet <br />from a place of business having an existing, unabandoned, legally established alcoholic beverage use <br />which permits consumption on or off the premises and from a church or public school. <br /> <br />(a) The five lltinmea (500) seven hundred fiftv (750) feet distance requirements shall be <br />measured by following a straight line from the nearest portion of the structure of the place of business. <br /> <br />(b) Sketch indicating location. For the purpose of establishing the distance between alcoholic <br />beverage uses, and between such uses and churches or public schools, the applicant for such use shall <br />furnish a certified sketch of survey from a registered engineer or surveyor. Such sketch shall indicate <br />the distance between the proposed place of business and any existing alcoholic beverage establishment <br />and any church or school within ~ 750 feet. In case of dispute, the measurement scaled by the City <br />Manager or designee shall govern. <br /> <br />Section 5. Excentions from distance requirements. The restrictions and spacing requirements set <br />forth in Section 4 above shall not apply: <br /> <br />(a) ESTABLISHMENTS IN MUR DISTRICT. Cocktail lounges and bars located in <br />MUR District and which conform to the requirements of said district. <br /> <br />02006-246 Alcoholic Beverages Ordinance <br /> <br />Page 2 of7 <br />