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ORDINANCE NO. 2017- 5t2- AN 1ZAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 98 OF THE CODE OF ORDINANCES REGARDING ALCOHOLIC BEVERAGES TO CLARIFY THE HOTEL EXCEPTION TO THE ALCOHOL BUFFER DISTANCE REQUIREMENTS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the purpose of Chapter 98 ("Alcoholic Beverages") of the Code of Ordinances of Sunny Isles Beach is to secure the general health, safety and welfare of City residents by regulating the manner in which alcoholic beverages are sold; and WHEREAS, Section 98-4 the City Code authorizes the City to regulate the distance between premises that sell alcoholic beverages and a church or public school; and WHEREAS, the City wishes to amend Section 98-5 of the City Code to clarify the hotel exception to alcoholic buffer distance requirements. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hereof. Section 2. Amendment. Section 98-5 of the Code of Ordinances of the City of Sunny Isles Beach are hereby amended to read as follows: § 98-4 Location of establishments No premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 750 feet from a place of business having an existing, unabandoned, legally established alcoholic beverage use which permits consumption on or off the premises and from a church, public park or public school. A. The seven-hundred-fifty-feet distance requirements shall be measured by following a straight line from the nearest portion of the structure of the place of business. B. Sketch indicating location. For the purpose of establishing the distance between alcoholic beverage uses, and between such uses and churches, public parks or public schools, the applicant for such use shall furnish a certified sketch of survey from a registered engineer or surveyor. Such sketch shall indicate the distance between the proposed place of business and any existing Ordinance Amending Chapter 98-5—Alcoholic Beverages I • Words underlined are added,words stfieken are deleted.