2016-29522 Reso RESOLUTION NO. 2016-29522
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
CALLING FOR A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 8, 2016, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH, FLORIDA AN ADVISORY, NON-BINDING
STRAW BALLOT QUESTION ASKING WHETHER THE
MAYOR AND CITY COMMISSION SHOULD ADOPT AN
ORDINANCE STOPPING THE SALE AND CONSUMPTION
OF ALCOHOLIC BEVERAGES AT 2:00 A.M., INSTEAD
OF 5:00 A.M., FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS LOCATED ON OCEAN DRIVE
BETWEEN 5TH AND 15TH STREETS, EXCEPT FOR
INDOOR PORTIONS OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS THAT ARE COMPLETELY
ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida
and the general laws of the State of Florida, a Special Election is hereby called and
directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on
Tuesday, November 8, 2016, for the purpose of submitting to the electorate the
advisory, non-binding straw ballot question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall
conduct the said Special Election hereby called, with acceptance of the certification of
the results of said Special Election to be performed by the City Commission. The official
returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach
as soon as the ballots from all precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as
established by the proper and appropriate Miami-Dade County Election Officials. All
electors shall vote at the polling places and the voting precincts as determined by the
Miami-Dade County Election Officials as set forth in the attached Exhibit "A".1
SECTION 4.
Not less than thirty days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald,
a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SECTION 5.
The Notice of Election ("Notice") shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
•
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM
7:00 A.M. UNTIL 7:00 P.M. ON THE 8th DAY OF NOVEMBER, 2016, AT
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING ADVISORY, NON-BINDING STRAW BALLOT
QUESTION:
1
As of date,the City of Miami Beach has not received from Miami-Dade County Elections Department the final list of
polling places for the City's November 8, 2016 Special Election. Accordingly, attached to this Resolution is a list of
polling places from the City's March 2016 Special Election, which upon receipt from the County, will be superseded
by the Department of Elections' list of polling places for the City's subject November 8, 2016 Special Election, which
list of polling places for the City's November 8, 2016 Special Election will be publicly noticed by the City.
Advisory, Non-binding Straw Ballot Question
Alcohol regulations for Ocean Drive between 5th - 15th Streets
Should the Mayor and City Commission adopt an Ordinance stopping the sale
and consumption of alcoholic beverages at 2:00 a.m., instead of 5:00 a.m., for
alcoholic beverage establishments located on Ocean Drive between 5th and 15th
Streets, except for indoor portions of alcoholic beverage establishments that are
completely enclosed and located entirely within hotels?
YES
NO
Said Notice shall further set forth the several polling places in the election
precincts as established in accordance with Section 3 hereof, and shall further set forth
pertinent information regarding eligibility of electors to participate in said election.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November
8, 2016, hereby called, shall be in substantially the following form:
OFFICIAL BALLOT
Advisory, Non-binding Straw Ballot Question
Alcohol regulations for Ocean Drive between 5th - 15th Streets
Should the Mayor and City Commission adopt an Ordinance stopping the sale
and consumption of alcoholic beverages at 2:00 a.m., instead of 5:00 a.m., for
alcoholic beverage establishments located on Ocean Drive between 5th and 15th
Streets, except for indoor portions of alcoholic beverage establishments that are
completely enclosed and located entirely within hotels?
YES
NO
SECTION 7.
The form of the ballots to'be used in this Special Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical
or other approved voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida governing voter registration.
Qualified persons may obtain registration forms to vote at the Office of the City Clerk,
City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139,
during normal business hours, and at such other voter registration centers and during
such times as may be provided by the Supervisor of Elections of Miami-Dade County.
The Miami-Dade County Supervisor of Elections will register voters for this Special
Election until 5:00 p.m. on October 11, 2016. All persons eligible to vote in this Special
Election must be registered before the time and date set forth herein or have registered
previously, as provided by law. Each person desiring to become a registered voter shall
be responsible for properly filling out the registration form and returning it to the Miami-
Dade County Elections Office. All questions concerning voter registration should be
directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral,
Florida 33172; Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the absentee voters participating in said Special Election shall be entitled to
cast their ballots in. accordance with the provisions of the laws of the State of Florida
with respect to absentee voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miami-Dade County or directly to all persons or firms, upon
receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade
County, Florida.
SECTION 11.
If any section, sentence, clause or phrase of the ballot measure set forth above
in this Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of the remaining portions
of said ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this o20 day of Jul , 2016.
ATTEST:
Mayor Philip Levi
-1/aAl
Rafae E. Granado, City Clerk
(Sponsored by Mayor Philip Levine)
uxik TO
FORM & LANGUAGE
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City Attorney Date
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F:\ATTO\KALN\BALLOT QUESTION\Straw Ballot re Alcohol on Ocean Drive 5-15th Streets RESO.docx
PROPOSED BALLOT QUESTION
NOVEMBER 8, 2016 SPECIAL ELECTION
I. PROPOSED.BALLOT QUESTION:
Advisory, Non-bindinq Straw Ballot Question
Alcoholic regulations for Ocean Drive between 5th - 15th Streets
Should the Mayor and City Commission adopt an Ordinance stopping the sale
and consumption of alcoholic beverages at 2:00 a.m., instead of 5:00 a.m., for
alcoholic beverage establishments located on Ocean Drive between 5th and 15th
Streets, except for indoor portions of alcoholic beverage establishments that are
completely enclosed and located entirely within hotels?
YES
NO
MIAMI BEAMI BEACH
MIAMI BEACH SPECIAL ELECTION
NOVEMBER 8, 2016
MIAMI BEACH PRECINCTS LIST
Polling Name Location Polling Name Location
Place No. Place No..
011 Biscayne Elementary 800 77 Street 030 Miami Beach 2000 Convention
School Botanical Garden Center Drive
013 North Shore Branch 7501 Collins 031 Miami City Ballet 2200 Liberty
Library Avenue Avenue
014 North Shore Park Youth 601 72 Street 032 Miami Beach Regional 227 22 Street
Center Library
015 Normandy Shores Goff 2401 Biarritz Drive 033 Miami Beach Senior 2231 Prairie
Club High School Avenue
018 Indian Creek Fire 8860 Indian Creek 035 Miami Beach Police 999 11 Street
Station 44 Drive Athletic League
019 Normandy Park&Pool 7030 Trouville 037 Miami Beach City Hall 1700 Convention
Esplanade Center Drive
020 Ronald W.Shane 6500 Indian Creek 038 Veterans Foreign War 650 West Avenue
Center Drive Post#3559
023 Miami Beach Fire 5303 Collins 0443 South Pointe 1050 4 Street
Station#3 Avenue Elementary School
024 Nautilus Middle School 4301 tL Michigan 041 South Shore 833 5 Street#2
Avenue Community Center
025 St. John's on the Lake 4760 Pine Tree 042 Feinberg Fisher K-8 601 14 Place
Methodist Church Drive Center School
028 - Temple Beth Shalom 4144 Chase 043 Miami Beach Police 1100 Washington
Avenue Department Avenue
029 North Beach 4100 Prairie 048 Rebecca Towers 200 Alton Road
Elementary School Avenue
Please note that the above list is subject to change, if needed.
The voting precincts for the November 8, 2016 City of Miami Beach Special Election shall be as established by the Miami-
Dade County election officials. On Election Day, all electors shall vote at the voting locations and the voting precincts in which
the official registration books show that the electors reside. All questions concerning young locations and voting precincts
should be directed to the Miami-Dade County Elections Department, 2700 NW 87 Avenue, Doral, Florida 33172; Telephone:
305.499.VOTE(8893)or TTY:305.499.8480.
Rafael E. Granado, City Clerk
City of Miami Beach
AD 1182
EXHIBIT A
Resolutions - R7 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: July 20, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD
ON NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY, NON-
BINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR AND
CITY COMMISSION SHOULD ADOPT AN ORDINANCE STOPPING THE SALE
AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT 2:00 A.M., INSTEAD OF
5:00 A.M., FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON
OCEAN DRIVE BETWEEN 5TH AND 15TH STREETS, EXCEPT FOR INDOOR
PORTIONS OF ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE
COMPLETELY ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS.
ANALYSIS
Pursuant to the request of Mayor Philip Levine, the following advisory, non-binding straw ballot
question has been prepared for a Special Election to be held in the City of Miami Beach on
November 8, 2016. The proposed ballot question asks whether the Mayor and City Commission
should adopt an Ordinance stopping the sale and consumption of alcoholic beverages at 2:00
a.m., instead of 5:00 a.m., for alcoholic beverage establishments located on Ocean Drive
between 5th and 15th Streets, except for indoor portions of alcoholic beverage establishments
that are completely enclosed and located entirely within hotels.
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Philip Levine
ATTACHMENTS:
Description
Page 183 of 216
❑ Resolution
❑ Exhibit A- Miami Beach Precincts List - March 15, 2016
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Page 184 of 216
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