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Commission approves waiver allowing alcohol sales at new Second Street tapas restaurant with conditions
Summary
The commission granted a waiver to allow on‑site alcohol sales at a proposed tapas restaurant 377 feet from a preexisting church, conditioned on hours, parking, and a state liquor license showing at least 51% of revenue from food.
The City Commission voted 4‑1 on Aug. 4 to grant a waiver permitting on‑site sale and dispensing of alcoholic beverages at a proposed tapas restaurant at 246 Second Street North, subject to conditions intended to limit late‑night impacts and ensure food‑service predominance.
Planner Cecilia Achin explained that city code bars alcohol licenses within 500 feet of a preexisting church unless the business qualifies under certain exceptions. The proposed restaurant sits about 377 feet from Sacred Harbor Community Church; the applicant requested a waiver under the code’s criteria.
The commission approved the waiver conditioned on the applicant meeting the state licensing category that requires a restaurant to derive at least 51% of gross revenue from food and nonalcoholic beverages and on operating hours limited to 5 p.m. to 11 p.m. daily. Staff also required that interior renovations, parking improvements and ADA accommodations be reviewed and permitted through the normal building‑permit process and that the applicant demonstrate compliance with the applicable state beverage license prior to business tax receipt issuance.
Applicants Christina and Michael Miller said they had spoken with nearby property owners and received the church pastor’s support; staff showed a signed parking agreement with an adjacent property owner to meet code parking obligations. A commissioner who opposed the waiver voiced concern about proximity to new residential units next door and about music and late‑night noise; the motion carried 4‑1.
Why it matters: the decision allows a new downtown eating place to serve alcohol while the conditions (hours and food‑revenue requirement) are intended to keep the use primarily a restaurant, limit noise late at night and ensure compliance with state licensing rules.
Next steps: applicants must complete required building and parking improvements, secure the appropriate Department of Business and Professional Regulation (DBPR) license category showing the 51% food‑revenue threshold, and comply with city permit reviews before opening.
