Alcoholic Beverage Permitting in Hillsborough County: Understanding the Special Use Process and Distance Separation Requirements

You have secured a perfect location for your restaurant or bar. Your state alcohol license application is underway. Your lease is signed. Then you discover your business is 450 feet from a church, 50 feet short of Hillsborough County’s requirement, and your entire project now hinges on convincing a Land Use Hearing Officer that your case deserves a waiver.

This scenario plays out regularly in Hillsborough County, where operating a business that serves alcoholic beverages requires more than obtaining a state license. In many cases, it means navigating one of the county’s most demanding land use approval processes, an Alcoholic Beverage Development Permit, and potentially a quasi-judicial special use waiver hearing under Section 6.11.11 of the Hillsborough County Land Development Code.

I regularly work with business owners, developers, and operators who are surprised to learn that alcohol service can trigger strict separation requirements, a formal public hearing, neighborhood opposition, and a difficult burden of proof, even where the proposed use is otherwise consistent with the underlying zoning. Understanding this process early is critical to avoiding delays, denials, and costly appeals.

If you need assistance with a Hillsborough County Alcoholic Beverage Development Permit or an Alcoholic Beverage Special Use Permit, I invite you to call 813-225-2500 to schedule a consultation to learn more about the filing requirements and process.

Alcoholic Beverage Regulation in Florida: The State and Local Framework

Alcoholic beverage regulation in Florida operates under a dual system that often surprises business owners. While the State of Florida controls licensing through the Division of Alcoholic Beverages and Tobacco, local governments retain broad authority over where and how alcoholic beverage establishments may operate, along with their hours of operation.

Obtaining a state license does not guarantee the right to sell alcohol at a particular location. Local governments are expressly authorized under Florida Statute Section 562.45(2) to regulate land use, impose location restrictions, and require discretionary approvals based on compatibility with surrounding uses. As a result, alcohol service frequently implicates zoning, development permits, and quasi-judicial hearings long before a state license can be utilized.

Across Florida, counties and municipalities routinely classify certain alcoholic beverage uses as conditional or special uses. This approach reflects longstanding land use principles recognizing that alcohol-related operations can present unique secondary impacts depending on the type of use, location, intensity, and surrounding development patterns.

Hillsborough County Local Permit Requirements

In Hillsborough County specifically, the establishment of any alcoholic beverage use requires an Alcoholic Beverage Development Permit as a prerequisite for allowing alcoholic beverage sales or public consumption.[1] This permit system implements uniform regulations and applies to all unincorporated areas of the county. Limited exceptions exist for temporary sales (no more than six times per year at the same location) and wholesale distributors that only store sealed containers without selling directly to the public.[2]

The county recognizes numerous alcoholic beverage use classifications, ranging from package sales (off-premises consumption only) to on-premises consumption in restaurants, hotels, bowling establishments, golf clubs, private social clubs, and wedding venues.[3] Each classification carries specific operational requirements and restrictions. Only one Alcoholic Beverage Development Permit may be issued per establishment, though owners may voluntarily rescind an existing permit to obtain a different classification.[4]

What Are The Hillsborough County Separation Requirements?

Separation requirements are a common feature of local alcohol regulation statewide. These requirements typically restrict the proximity of alcoholic beverage establishments to schools, churches, childcare centers, public libraries, community recreational facilities, parks, residential areas, and other potentially sensitive uses. While the specific distances and measurement methods vary by jurisdiction, the underlying policy is consistent: alcohol service is permitted, but not without regard to context.

In Hillsborough County, distance requirements vary significantly based upon a permit’s classification:

Most Restrictive (1-APS and 2-APS – Package Sales):

• 500 feet from community uses (churches, synagogues, schools, child care centers, public libraries, community recreational facilities, parks)
• 50 feet from side yards of residentially zoned property
• 20 feet from functional rear yards of residentially zoned property

Incidental Sales (1-APS-IS and 2-APS-IS):

• 500 feet from schools only

Restaurant and Certain Club Categories (2-COP-R, 2-COP-RX, 4-COP-RX, 4-COP-SGX, and 11-C Golf, Tennis/Racquetball, Wedding Halls):

• 500 feet from community uses
• 150 feet from residentially zoned property

Higher-Intensity Uses (3-PS, 2-COP, 2-COP-X, 4-COP, 4-COP-X, 4-COP-SX, 4-COP-SBX, 11-C Social Clubs, Bottle Clubs):

• 500 feet from community uses
• 250 feet from residentially zoned property
• Density Limitation: No more than three approved establishments of these classifications within 1,000 feet of the proposed use[5]

Can An Establishment Obtain An Alcoholic Beverage Development Permit Without Meeting the Separation Requirements?

If an establishment cannot meet the separation requirements, it may still be able to obtain a permit. When an application cannot meet distance separation requirements, applicants may seek a waiver, which is treated as a special use requiring approval by a County appointed Land Use Hearing Officer in a quasi-judicial proceeding. The Hearing Officer must find that (1) special or unique circumstances exist such that the necessity for the proposed use does not have significant negative impacts on surrounding land uses, and (2) circumstances exist that negate the necessity for the specified distance requirements.[6]

Examples of circumstances that may support a waiver include converting to a lesser-intensity use classification, replacing a more intensive commercial operation, integration into a mixed-use development, physical barriers creating separation, or intervening non-residential buildings. However, the presence of such circumstances does not guarantee approval.[7]

Waiver procedures require the following:

• Administrator must confirm all requirements for an Alcoholic Beverage Development Permit are met except proximity requirement(s)
• Applicant must provide written justification explaining how both criteria are satisfied
• Applicant must notify affected owners of community uses or residential property within established distances at least 30 days before the hearing date via proof of mailing[8]

The Hearing Officer may impose reasonable conditions on approval but cannot alter the 51% food and non-alcoholic beverage sales requirement for restaurant categories.[9]

The Hillsborough County Special Use Waiver Process

While some jurisdictions allow “over-the-counter” administrative approvals, Hillsborough County typically requires a formal hearing if the location does not meet the standard proximity requirements.

• The LUHO Hearing: If a separation waiver is required, the application is presented at a noticed public hearing process before a Land Use Hearing Officer (LUHO).[10]
• Fees and Submittals: The process is significant in both time and cost. For example, a “Alcoholic Beverage (Wet Zoning) Separation Waiver Required” application in Hillsborough County requires substantial fees (over three thousand dollars) and requires detailed submittals, including site plans, wet zone surveys, affidavits, a property information sheet, a copy of the current recorded deed, a list of all close proximity property owners list, and a copy of building code violations (if applicable).[11]

Can A LUHO Denial Be Appealed?

The LUHO’s decision on a distance waiver constitutes a final land use decision, which must first be appealed to the Land Use Appeals Board by filing a completed appeal application within 30 calendar days of the date the decision is rendered. To appeal, the applicant must have “standing” as defined in Land Development Code Section 10.05.02.B. It is critical to submit a fully completed application by the deadline, as failure to do so will result in the loss of appeal rights. The Land Use Appeals Board generally meets on the first Friday of each month at 1:30 PM as needed, with meetings held at the County Center in the 2nd floor boardroom. Appeals decisions are announced at these meetings.[12]

If the LUHO decision is not overturned by the Land Use Appeals Board, the decision may be appealed to circuit court by petition for writ of certiorari within 30 days of the final written order. In certiorari proceedings, the reviewing court examines whether the Hearing Officer departed from the essential requirements of law, applied correct legal standards, afforded procedural due process, and based the decision on competent substantial evidence in the record. The court does not reweigh evidence or substitute its judgment for that of the Hearing Officer but will reverse decisions that are unsupported by the record or legally erroneous.

Because appellate procedures involve strict deadlines, technical requirements, and standing limitations, applicants should consult with an experienced land use attorney immediately upon receiving an unfavorable decision. Missing the 30-day deadline or failing to submit a fully completed appeal application can permanently forfeit appeal rights.

Who Bears the Burden of Proof in Appeals Hearings?

Because the appeal hearing is quasi-judicial, the burden of proof rests entirely on the applicant.

The applicant must present competent, substantial evidence demonstrating that the proposed alcoholic beverage use will not result in significant adverse impacts on surrounding properties or the community. This is especially important where the application seeks approval despite noncompliance with separation requirements.

Evidence typically addresses operational characteristics, site design, compatibility with surrounding uses, noise and traffic considerations, and compliance with both county and state regulations. General assurances or unsupported conclusions are insufficient. The decision must be supported by evidence in the record, and deficiencies cannot be cured after the hearing concludes.

Because certiorari appeals are based solely on the record, it is crucial that all evidence needed for appeal be submitted during the original LUHO hearing. Therefore, if an Applicant anticipates a contentious case, they may wish to retain a court reporter to ensure a complete verbatim record exists, particularly if Hillsborough County does not automatically provide transcripts to all parties.

Are There Ongoing Compliance Obligations For Alcoholic Beverage Development Permits?

Restaurant-category permits impose ongoing compliance requirements. Establishments must derive at least 51 percent of total biannual sales from food and non-alcoholic beverages, maintain detailed sales records for three years, and provide verification reports within 14 days of county request. This requirement cannot be waived or varied, and failure to demonstrate compliance constitutes grounds for permit revocation.[13]

All permitted establishments (except bottle clubs) must comply with hours-of-sale restrictions: Monday through Saturday from 7:00 a.m. to 3:00 a.m., and Sunday from 11:00 a.m. to 3:00 a.m.

The Board of County Commissioners retains authority to revoke permits for violations including criminal convictions, serving minors, operating contrary to permit terms, state license suspension or revocation, or discontinuing sales for six continuous months. Revocation proceedings involve formal public hearings with due process protections.[14]

Practical Implications

Navigating the complexities of alcohol licensing in Florida requires a dual-track approach: obtaining permission from the local government and securing a license from the State of Florida Division of Alcoholic Beverages and Tobacco. In Hillsborough County, this local approval process begins with an Alcoholic Beverage Development Permit application. When distance separation requirements cannot be met, the process becomes significantly more rigorous and discretionary, requiring a waiver through the special use process with quasi-judicial review by the Land Use Hearing Officer.

Applicants should engage with both the state and local processes early, as local approval is often more time-consuming and uncertain than state licensing, particularly when waivers are required. Legal and land use planning assistance is strongly recommended for applications involving complex site conditions or requiring distance waivers.

The Importance of Early Legal Review

Many alcohol permitting issues can be identified and addressed before an application is filed. Site selection, separation measurements, operational planning, and coordination with state licensing requirements should be evaluated together. Obtaining a permit should be taken extremely seriously as alcoholic beverage sales in close proximity to a church, school or day care may trigger substantial, unwarranted opposition.

Early involvement allows potential problems to be mitigated before they become dispositive. It also allows the application to be structured in a way that anticipates evidentiary requirements and withstands appellate review if necessary.

How Johnson Pope Assists In Alcohol-Related Land Use Matters

Johnson Pope represents business owners and developers in alcoholic beverage zoning and licensing matters throughout Hillsborough County and across Florida. We regularly assist clients with site analysis, special use applications, hearing preparation, and appeals involving alcohol-related land use approvals.

If you are planning to serve alcohol in Hillsborough County or are facing a special use hearing related to separation requirements, consulting with an experienced alcoholic beverage license attorney early in the process can protect both your investment and your timeline.

For questions regarding alcoholic beverage permitting, special use approvals, or appeal options, I encourage you to contact Mark Bentley at 813-225-2500 today to discuss your project before issues arise.

[1] This is in addition to a State license being required.

[2] Hillsborough County, Fla., Land Development Code § 6.11.11 (2024).

[3] Id. at C(1).

[4] Id. at B(1).

[5] Id. at D.

[6] Id. at E(3).

[7] Id. at E(4).

[8] Id. at E(5).

[9] Id. at E(3)(b).

[10] In accordance with LDC Section 10.02.00.

[11] List of Zoning Fees, Hillsborough County Florida (last visited Feb. 2, 2026), https://hcfl.gov/businesses/zoning/zoning-fees/list-of-zoning-fees; Special Use Alcoholic Beverage Permit Application Package (Waiver Required), Hillsborough County Florida (last visited Feb. 2, 2026),  https://assets.contentstack.io/v3/assets/blteea73b27b731f985/blt0aa519135c7d1aec/Special_Use_Alcoholic_Beverage_waiver_required_fillable.pdf.

[12] Apply to Appeal a Land Use Decision, Hillsborough County Florida, https://hcfl.gov/businesses/zoning/zoning-administrative-and-other-applications-and-forms/hearing-driven-zoning-applications-hearing-required/apply-to-appeal-a-land-use-decision.

[13] Hillsborough County, Fla., Land Development Code § 6.11.11(F) (2024).

[14] Id. at H.