TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Regarding Sales of Alcoholic Beverages in Proximity to Churches and Schools; Amending the Code of the City of North Port, Florida, Sections 6-1 and 6-4; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
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Recommended Action
Option 1: Approve Ordinance No. 2025-31 on first reading and continue to second reading on October 28, 2025.
City Commission Options
Option 1: Approve Ordinance No. 2025-31 on first reading and continue to second reading on October 28, 2025.
• Pros:
o Establishes regulations that are consistent with the City Commission’s Strategic Plan and the Comprehensive Plan.
o Expands the real estate options for businesses wishing to open commercial entertainment/recreation, hotels and restaurants.
o Removes barriers to expanding the recreation and dining options in the City which may result in location of convenient services in proximity to residential areas.
• Cons: There are no identifiable disadvantages to the approval of Ordinance No. 2025-31.
Option 2: Amend Ordinance No. 2025-31 to change the definition of alcoholic beverage establishment to include all establishments offering consumption on premises, except those locations licensed as restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages, then approve Ordinance No. 2025-31 on first reading and continue to second reading on October 28, 2025.
• Pros: Expands the real estate options for businesses wishing to open restaurants and removes barriers to expanding dining options in the City.
• Cons: Regulations inconsistent with the Strategic Plan and Comprehensive Plan economic development goals, objectives and policies remain in place and continue to be a barrier to expansion of commercial entertainment/recreation and hotels.
Option 3: Deny Ordinance No. 2025-31.
• Pros: There are no identifiable advantages to the denial of Ordinance No. 2025-31
• Cons: Regulations inconsistent with the Strategic Plan and Comprehensive Plan economic development goals, objectives and policies remain in place and continue to be a barrier to expansion of commercial entertainment/recreation, hotels and restaurants.
Background Information
Ordinance No. 2025-31 proposes to amend Sections 6-1 and 6-4 of the Code of the City of North Port, Florida, as follows:
• Provides that distance requirements apply to alcoholic beverage establishments, which are defined as establishments that align with the definition of “stand-alone bar” per the Florida Statutes;
• Clarifies definitions of church and school;
• Provides for an exemption to allow for the continuation of non-conforming uses, provided the use is not discontinued for more than one year.
The City of North Port’s regulations regarding sales of alcoholic beverages in proximity to churches and schools have not been revisited since 1990.
Sarasota County does not impose the distance requirements (800-feet) on food service establishments or those businesses only selling beer and/or wine.
The City of Sarasota only imposes distance requirements on, “any licensed premises devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or intoxicating liquors, or any combination thereof, for consumption on the licensed premises; in which the serving of food, if any, is merely incidental to the consumption of any such beverage.”
The City of Venice does not impose the distance requirements (500-feet) on restaurants or those selling only beer and malt beverages.
With over fifteen schools (or preschools) and more than thirty churches, many located on collector and arterial roadways, the current limitation on the location of businesses engaging in alcoholic beverage sales reduces the number of properties available for businesses such as banquet halls, family entertainment centers, fraternal organizations, hotels, and restaurants. For example, a hotel or restaurant interested in the proposed outparcels adjacent to the Sarasota Technical College would not be permitted to sell alcoholic beverages. Another example would be properties zoned Corridor Transitional or Corridor, where a place of assembly (includes banquet halls, fraternal organizations like the Moose Club or VFW) is a permissible use; these regulations would disallow those uses that typically serve alcohol.
The current distance requirements are inconsistent with the Economic Development and Growth Management Pillar (Priority 2) and the Economic Development Element. Revisiting these regulations is consistent with:
• Policy 1.2.3. Systematically review the City’s regulatory process to support economic development activities, particularly for identified and targeted market sectors.
• Policy 1.2.4: Provide the regulatory network and processes to help increase available shovel-ready sites for manufacturing, research and development, office uses, distribution, and light industrial use.
• Policy 1.2.6: Identify policies and procedures that unnecessarily impede and/or duplicate the permitting process. If needed, recommend changes to current policies and procedures required to start-up, relocate or expand a business, identify new policies and procedures to streamline the process, implement in order to create an open and transparent permitting process.
On April 15, 2025, the Community Economic Development Advisory Board reviewed the proposal to amend the code and recommended approval to the City Commission to review the Code of the City of North Port, Florida, Chapter 6 - Alcoholic Beverages, Sec. 6-4. - Sales Near Churches or Schools.
During the City Commission Workshop on June 2, 2025, staff presented options for a proposed code amendment to the City Commission. The Commission acted on consensus questions as follows:
There was consensus to direct the City Manager to prepare an agenda item for a future meeting regarding amending the Code of the City of North Port, Florida, Chapter 6 - Alcoholic Beverages, Sec. 6-4. - Sales Near Churches or Schools to:
1. Specify that the distance requirements apply only to adult-oriented businesses, bars, and nightclubs.
2. Reduce the distance requirements between businesses selling alcoholic beverages and churches and schools from 800-feet to 600-feet.
3. Specify that the distance requirement shall not be imposed on businesses selling alcoholic beverages when a church operating in a strip commercial center is within the established distance.
4. Specify that school, as used in these regulations, means a state-accredited public or private school for children from the preschool or kindergarten level through senior high school, but shall not be deemed to include any other types of schools.
Adoption of the proposed amendment will expand the real estate options for businesses wishing to open commercial entertainment/recreation, hotels and restaurants, and removing barriers to expanding the recreation and dining options in the City which may result in location of convenient services in proximity to residential areas.
Ordinance 2025-31 has been reviewed by the Interim City Attorney and is legally correct as to form.
As Ordinance No. 2025-31 proposes allowing certain businesses to be exempt from the distance requirement, it will be advertised pursuant to F.S.166.041(c)(2)(a)(b) (7 days before first reading, 5 days before second reading; headline 18-point, minimum 2 columns wide by 10 inches long; retail section), as required by the following statute:
F.S. 562.45(2)(a) … However, except for premises licensed on or before July 1, 1999, and except for locations licensed as restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to chapter 509, a location for on-premises consumption of alcoholic beverages may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location as promoting the public health, safety, and general welfare of the community under proceedings as provided in s. 125.66(5), for counties, and s. 166.041(3)(c), for municipalities. ...
In accordance with Florida Statutes Section 166.041(4)(a), a Business Impact Estimate will be posted on City’s website on or before the second reading advertisement in the newspaper (October 20, 2025).
Strategic Plan Pillar
Economic Development and Growth Management
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Ordinance No. 2025-31
2. June 2, 2025 City Commission Workshop Minutes
3. June 2, 2025 Workshop Agenda Item Staff Summary
4. North Port and Surrounding Local Government Distance Regulations
5. Economic Development Element
6. Economic Development and Growth Management Pillar
7. April 15, 2025 CEDAB Meeting Minutes
Prepared by: Lori Barnes, AICP, CPM, Development Services Deputy Director
Department Director: Alaina Ray, AICP, Development Services Director