The applicant, Shaher Barghouthy owner of Speedy Mart Inc., is seeking a 2-APS license to sell packaged beer and wine at 502 Martin Luther King Jr. Blvd.    Section 4-3(b)(4) of the City's Code of Ordinances requires a 500 foot separation between locations providing for the sale of alcoholic beverages and schools unless a distance waiver is granted by the City Commission under proceedings in F.S.§166.041(3)(c) (attached). The school at issue here is the Stuart Middle School.

Section 4-3(b)(4): No alcoholic beverages shall be sold within 200 feet of any church, or within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the city commission approves the location as promoting the public health, safety, and general welfare of the community under proceedings as provided in F.S. § 166.041(3)(c), Florida Statutes.

Mr. Shaher Barghouthy has purchased the plaza from Philip Harvey.  Shaher (Sam) plans to move his existing store located at the Gary Commercial Planned Unit Development to his new location at Harvey Plaza.  He feels that this location with existing and proposed uses including the new convenience store will provide economic stimulus for this location in the East Stuart Community.  Bathrooms in the end unit where the convenience store is proposed have been completed and inspected by the City's Building Department.  The City's Police chief has 'no issue' with the waiver including the owner's request to sell package beer and wine between the hours of 9:00 AM and 11:00 PM only.

 

In addition to the distance waiver from the school to sell alcohol, the applicant is asking for a waiver of 15 required on site parking spaces for the entire plaza, staff finds that granting said waiver for parking is justified based on the number of existing on-street parking spaces available and the projected impact on parking based on the existing and potential uses for the plaza.  Staff notes that the historic operation of this plaza and the fact that  many customers rely on bicycles or walking to reach this location. Moreover, the community would benefit from the operation of a new retail convenience store at this property.

 

Mr. Barghouthy purchased the plaza in April of this year missing the approving Resolution's condition requiring the owner to obtain a Certificate of Occupancy within eight months for the convenience store selling alchohol. Since this request is basically the same waiver that was previously approved for Mr. Harvey just more than eight months ago, the new owner (Sam Barghouthy) request the application fee be fully refunded in the amount of $1,574.00.

N/A

Approve Resolution No. 66-2020, which includes the following conditions:

 

1. This waiver shall be limited to a 2-APS beer and wine alcoholic beverage license (package sales only) from the Division of Alcoholic Beverages and Tobacco of the State of Florida.

 

2. The sale of package beer and wine shall be permitted between the hours of 9:00 AM and 11:00 PM only. The previous approval was from 9:00 AM to 9:00 PM.

 

3. Applicant shall post and maintain a sign, approved by the City Police Department, prohibiting the consumption of alcoholic beverages anywhere on premises.

 

4. The distance waiver from the middle school to sell alcohol shall be limited to the unit with the address of 502 Martin Luther King Jr. Blvd. only, is transferable and shall run with the land.

 

5. The parking waiver is transferable and shall run with the land and applies to any and all uses so long as the parking calculation does not exceed 21 required spaces. Any additional uses requiring additional parking must be authorized by East Stuart District major conditional use approval.