High Springs approves permanent alcohol sales exemptions near churches 

Commissioner Chad Howell (right) encouraged the city to move on from misinformation regarding mutual fire aid with the county during the Aug. 28 meeting. Photo by Lillian Hamman (1)
Commissioner Chad Howell (right) asked if its alcohol sales exemption near churches intermingled church and state too much.
Photo by Lillian Hamman

High Springs businesses wanting to serve alcohol within the city’s restricted distance from a church can now apply for permanent exemptions to do so, following a unanimous vote from the City Commission on Thursday. 

The vote approved an amendment to the current alcohol ordinance which prohibits the sale of alcohol from within 500 feet of church property. The amendment, however, distinguishes that ability based on whether the church owns or leases its property. 

If the church owns its property within 500 feet of the alcohol-selling business, the business can ask the church for a waiver approving them to sell alcohol and include the waiver in an application submitted to the City Commission for approval.  

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Alternatively, if a business sells alcohol within 500 feet of property leased and not owned by the church, the law cannot be enforced. 

Thursday’s approval of the amendment’s second reading came after unanimous approval of the first reading during the Sept. 22 regular meeting, when the City Commission touted the simplicity of the amendment drafted by City Attorney Danielle Adams in comparison to other cities. 

Commissioner Andrew Miller asked if the commission would ever consider an application from a business that wasn’t accompanied by a waiver from the church.  

Adams said it could not and added that the waiver, which had yet to be drafted, should include two witnesses from the church and a notary box in order to confirm that the grantees of the waiver have authority to bind the church.  

Commissioner Wayne Bloodsworth Jr. asked if they’d give a business the ability to appeal a church’s decision, or a church the ability to change its mind on a waiver if, for example, it had one pastor approve a waiver replaced by another who wouldn’t want to.  

Adams said a church couldn’t turn back the clock and revoke a waiver because it would deprive the business or property owner of rights previously conveyed to them.  

Commissioner Chad Howell asked if including the churches in the decision process intermingled church and state too much.  

While it can be difficult to separate the issue from religion because a church is involved, Adams said, the heart of the matter is really about property owners, the same as if they were discussing businesses selling alcohol next to schools. 

“It’s a right that we have acknowledged and established in our code as something that people in High Springs care about of not wanting alcoholic establishments within X number of feet within a church. It’s super common,” she said. “We’re giving property owners a way to exist not within such a rigid confined structure if you’re within these feet of a church that just doesn’t care.” 

Another amendment to the city’s alcohol code will be on ballots during the upcoming Nov. 4 election. High Springs voters will determine whether businesses can sell alcohol on Sundays from 1 to 10 p.m. 

Also on Thursday, the City Commission voted to accept a $24,000 grant from the U.S. Department of Justice for the High Springs Police Department (HSPD). 

Police Chief Antoine Sheppard said the Edward Byrne Memorial Justice Assistance Grant is a countywide competitive grant that goes towards supporting and enhancing public safety technology, equipment and community-based policing efforts. 

He said High Springs received the highest amount out of all other municipalities that applied and said it would fund a new Harley-Davidson police motorcycle, replacing the department’s current 15-year-old one.  

Sheppard also said the Florida Department of Law Enforcement awarded HSPD $65,000 that will replace old radios. HSPD has a forthcoming $100,000 Request for Quote in process. 

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