Subject:
Title
Emerald Plaza Development, Inc (Louis Riposta) requests a CUP (Conditional Use Permit) for Alcoholic Beverages for On-Premises Consumption accessory to a cigar bar in Units 1-5. (25Z00014) (Tax Account 2419246) (District 2)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Planning and Zoning Board conduct a public hearing to consider a CUP (Conditional Use Permit) for Alcoholic Beverages for On-Premises Consumption accessory to a cigar bar in Units 1-5 (General Retail Commercial) zoning classification.
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Summary Explanation and Background:
The applicant is seeking to expand a Conditional Use Permit (CUP) for Alcoholic Beverages for On-Premises Consumption from a 2COP (beer and wine) license to a 4COP (full liquor, beer and wine) license on Units 1-5 containing an area of (4,800 square feet) of the Emerald Plaza shopping center. This location is the eastern 5 units within the building complex. The current approval for Units 1-5 was approved by the Board of County Commissioners on June 26, 1997, under zoning action Z-9904. The applicant has been operating his business (Smoke Rings 72 Cigar and Pipe) at this location since 2020.
Staff analysis finds that the alcoholic beverage use is near an existing worship center within the complex. Within Unit 19 (NW interior corner of the shopping center - 214 feet west of Unit 5) is The Well Ministry. Services are held on Saturday and Sunday. Section 62-1906(3), Brevard County Code of Ordinances, states: “Except for restaurants with more than 50 seats, no alcoholic beverages shall be sold or served for consumption on the premises from any building that is within 300 feet from the lot line of a school or church if the use of the property as a school or church was established prior to the commencement of the sale of such alcoholic beverages. For the purposes of this subsection, a school shall include only grades kindergarten through 12. For the purpose of establishing the distance between the proposed alcoholic beverage use and churches and schools, a certified survey shall be furnished from a registered engineer or surveyor. Such survey shall indicate the distance between the front door of the proposed place of business and all property lines of any church or school within 400 feet. Each survey shall indicate all such distances and routes.” As the subject property and church lie on the same property, the Board may consider whether this Section applies and if the request is consistent with this section.
The subject property has been previously utilized as a billiard facility (Chalky’s) and a bar (Hubb’s Pub). The proposed use is for a cigar bar expanding sales of alcoholic beverages from a 2COP to a 4COP license to serve full liquor, beer, and wine. The applicant states they have been in operation for four (4) years as Smoke Rings 72 Cigar and Pipe and anticipate increased business sales with the approval of an upgraded alcohol license. The suite has 36 seats with a maximum occupancy of 135 people.
At its regular meeting on May 22, 2025, the MIRA Board of Directors reviewed the proposed Conditional Use Permit (CUP) application, 25Z00014. The MIRA Board is supportive of this CUP application, with an added recommendation that the CUP will no longer be in effect should the space be leased to another tenant, or if the use of the property is modified. Upon review of the application and supporting documentation, the Board voted unanimously (7-0) to recommend approval, with the additional stipulation referenced above
North of the subject property is a 0.93-acre parcel, undeveloped/unimproved, zoned BU-1 with CC FLU. South of the subject property are two parcels and a retention pond, 0.33 & 0.4 acres, commercial property developed with commercial services, zoned BU-1 with CC FLU. East of the subject property is N. Courtenay Pkwy., a State maintained Right of Way. West of the subject property are four (4) parcels ranging from 0.17 to 0.23 acres, each developed as a single-family residential homesite, zoned RU-1-9 with Neighborhood Commercial FLU.
The Board may wish to consider the following:
1. The compatibility of the proposal to expand a Conditional Use Permit (CUP) for Alcoholic Beverages for On-Premises Consumption from a 2COP (beer and wine) license to a 4COP (full liquor, beer and wine) license
2. As the subject property and the church lie on the same property, the Board may consider whether the request is consistent with Section 62-1906(3)
3. Whether to impose additional operational requirements pursuant to Section 62-1906(5). Such requirements may include, but are not limited to, maximum number of patrons; hours of operation; limitations upon outdoor seating and service of alcoholic beverages; limitations upon outside music and/or public address systems; additional buffering requirements; additional parking requirements; internal floor plan arrangement; or other specific restrictions based upon special neighborhood considerations
The Board of County Commissioners will consider the request on Thursday, July 17, 2025, beginning at 5:00 p.m. The meeting will be held at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Commission Room, Viera, Florida.
Clerk to the Board Instructions:
None