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....
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