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Date of Issue: Mar 10, 2010

Commission adopts alcohol ordinance

The Bradenton Beach City Commission March 4 reviewed and adopted a new alcohol ordinance intended to ease and equalize the process for new businesses.

The nine-page ordinance removes a provision in the city code setting a minimum 200-foot distance requirement that applied to establishments serving alcohol on Bridge Street and in the historic district, but nowhere else in the city.

The ordinance also created a new conditional-use permit for businesses seeking to sell alcohol in the city. The permit is required in addition to a state liquor license. Those seeking permission to sell alcohol must apply for a review with the planning department. Existing liquor establishments must apply, but will be automatically approved.

After months of discussion, commissioners last week narrowed their focused to several provisions in the ordinance they felt posed a burden on applicants for a conditional-use permit or on the city staff that will review the applications, and provisions that seemed contrary to the purpose of the ordinance.

For example, commissioners, in lifting the old distance requirement, wanted to remove a focus on the Bridge Street area and create a citywide rule. So they deleted a statement that the intent of the ordinance is to regulate alcohol sale and consumption “throughout the city’s historic Old Town overlay districts in order to stimulate growth in those areas.”

Commissioners also removed a provision that allowed for the possible denial or revocation of a permit if the city deemed the applicant too close to “other alcoholic beverage establishments.”

“I thought that was a moot point at this time,” said Commissioner Janie Robertson, motioning to strike the line.

She offered other motions, and commissioners removed several sentences that would have required permit holders to renew annually, as well as a provision that would have required applicants to notify the building official of management changes.

Commissioners also tweaked a provision so that when a business is sold, the permit can be transferred to the new owner for 60 days.

The commission had directed the city attorney to draft the ordinance to deal with concerns raised by resident and business-owner Jo Ann Meilner, who operates the Back Alley gallery and coffee house on Bridge Street.

Meilner came across the distance requirement when she sought to secure a license for beer and wine sales at the store.

After the lengthy review and a series of edits, the commission adopted the ordinance with a loud and unanimous “Aye.”

“As amended,” added Robertson.

“Many amendments, thank you,” Mayor Michael Pierce said.

In a separate action, the commission set the fee for the conditional-use permit at $60.

Meilner said she hoped to have full approval to sell beer and wine before Back Alley’s one-year anniversary party, which is set for 6 p.m. to 9 p.m. March 19.

She left last week’s meeting thanking commissioners for their work on the ordinance, but expressing disappointment that the process took so long and became too involved.

Meilner asked the city last September to simply strike the distance requirement for Bridge Street.

“This has taken six months. We seemed to make a mountain out of it,” she said, emphasizing that the state, as well as the health department and fire marshal, already heavily regulate and monitor alcoholic beverage sales.

Commissioners shared some of Meilner’s concerns. They also reached a consensus that the $1,000 fee she paid that led to the adoption of the new ordinance should be refunded.

“That was our problem,” Robertson said. “I don’t see that as a citizen’s problem.”

In other business…

In other business during the Bradenton Beach City Commission meeting March 4, commissioners:

• Approved payment of an invoice from M.T. Causley Inc. for $5,773.44.

• Approved a request from the Anna Maria Island Chamber of Commerce to hang a banner promoting its March 19 Friday Fest in Anna Maria.

• Approved the appointment of Gerald Gibbs to the city’s anchorage and mooring field committee. Gibbs is a retired attorney who divides his time between Grand Haven, Mich., and Bradenton Beach. He also has a captain’s license from the U.S. Coast Guard.

• Hired Michelle Abercrombie LLC to paint the public works building under a $5,350 contract.

• Approved a motion to remove several people appointed to city boards for failure to attend a required course in open government law.

• Denied a special event for the Hydro-X Tour at Coquina Beach April 23-25.

The event, a personal watercraft race, would violate a city code provision prohibiting the launching of watercraft from the Gulf side.

Additionally, commissioners agreed that the application lacked details.

• Heard briefly a property owner’s complaints about alleged code violations on a building project, but terminated the discussion after learning that the property owner intends to take legal action against the city.

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