ORANGE COUNTY, Fla. — An Orange County restaurant owner said he's not allowed to serve beer or wine in the same location that a Hooters once did.
The empty building will soon house Danketsu, a Japanese restaurant, but it sits just 370 feet away from Legacy Middle School. A county ordinance says alcohol can only be served 1,000 feet away from a school.
"Although the code does require the 1,000 feet, I think this is a situation where a variance in that amount would serve for the better not for the worse," attorney Pedro Maleret said.
Maleret tried to convince the Board of Zoning and Adjustment that the restaurant won't affect the children nearby. The board disagreed, and the owners will take their fight to the county commission.
The owners said the building was home a Hooters for more than a decade and the school was built after. They want to know why it's OK to serve alcohol across the street then but not now.
Ike Tijuana Flats and Sushi 99 were both given OK's to open up near Camelot Elementary.
There will be a public hearing Tuesday.
Restaurant owner not allowed to serve alcohol because of nearby school
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