§ 656.803. Application and license; licenses placed in inactive status.

(a)

No new liquor license for the retail sale, service or consumption of alcoholic beverages, existing liquor license being transferred to a new location or liquor license being transferred to a new owner shall be authorized or issued until the application therefor, as required by the State Division of Alcoholic Beverages and Tobacco, has been submitted to the Zoning Administrator for verification that the proposed location of the license is in compliance with the Zoning Code. The verification shall be made by endorsement on the face of the application for license or in the manner required by the state division.

(b)

When the location of a liquor license has been verified as being in compliance with the Zoning Code by the Zoning Administrator, pursuant to this Section, and the verified liquor license is placed with the State Division of Alcoholic Beverages and Tobacco in an inactive status pursuant to the provisions of F.S. § 561.29(1)(h), the location of the licensed premises shall be so noted on the appropriate sheet of the Zoning Atlas which is on public display in the Department and remain an approved location for that license notwithstanding the inactive status of the license. Thereafter, if the license is converted to active status in accordance with the rules and procedures of the State Department of Business and Professional Regulation, the duties of the Zoning Administrator shall be limited to verifying that the license is located at the premises it occupied at the time of being placed on inactive status with the state division.

(c)

If the map submitted by an applicant under Section 656.804 fails to identify a church, school or adult entertainment service or entertainment facility and if it is determined by the Director that the applicant originally opened its establishment in violation of the distance limitations in this Part, then the Director shall notify the applicant or its successor in interest of the erroneous map and the applicant or its successor in interest shall cease the sale of alcoholic beverages within two weeks of notification. Such a determination may be appealed to the Commission, pursuant to Section 656.135. In the event that a zoning exception, or variance, or waiver, is thereafter sought in order to correct a zoning violation, the erroneous map and any reliance thereon by the applicant shall not constitute facts upon which the Commission or the Council may rely in recommending or granting the zoning exception, variance, or waiver as the case may be.

(Ord. 91-59-148, § 1; Ord. 98-678-E, § 6)