007-2009 Separation Requirements for Liquor Establishmentsm ,~'~~~1 I AM I B EAC H
OFFICE OF THE CITY MANAGER MEMORANDUM
no.007-2009
to: Victor M. Diaz, Commissioner
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FROM Jorge M. Gonzalez, City Manager ' ~ ,~,
DATE: February 4, 2009 _ 1 ~
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suBJECr. Separation Requirements for Liquor Establishments I
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Pursuant to your request, this memorandum serves to explain the distance separatigp~ "
requirements between certain alcoholic beverage establishments: and the code regulaliorj>r
regarding the period of time a nonconforming establishment may remain idle before the Iega~A
nonconforming status is lost.
In 1999, the City adopted Ordinance 99-3224, which seta 300 foot minimum distance
separation between dance hall/entertainment establishments licensed to sell alcoholic
beverages, and not also operating as restaurants with full kitchens and serving full meals.
Part of the rationale for that ordinance was the concentration of nightclubs in the area of
Washington Avenue, between 5`" and 8`` Streets: which was deemed to have an
overconcentration of such uses.
Since the adoption of that ordinance, there has been a moderate level of tenant turnover and
renovation of the existing buildings. Any change ofowner/operator requires a new Business
Tax Receipt (BTR: formerly occupational license), and several new licenses have been
approved based upon the existence of previously existing legal nonconforming. or
`grandfathered-in" establishments. Section 118-394 of the City Code: governing
nonconforming uses. states that a nonconforming use which remains idle or unused for a
continuous period of six months, or for 18 months during any three-year period, must
conform to the land development regulations. and loses it grandfathered status. However, if
a building permit is obtained within that six-month idle period: the tolling of that time frame
stops, and the new business may continue to operate as before.
There are approximately fourteen existing dance hall/entertainment establishments within
the three block segment of Washington Avenue between 5'~ and 8'h Streets. Of these, ten
were pre-existing nightclubs prior to the enactment of the ordinance, three added
restaurants with full kitchens: and one received a variance from the Board of Adjustment. In
addition, two previously existing dance hall/entertainment establishments have been
eliminated.
If you have any further questions please do not hesitate to contact me, or Planning Director
Jorge Gomez, directly.
c: Mayor Matti H. Bower and Members of the City Commission
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JMG UGGi1RGL
Fap~ t$ALLlGEN CORRpNTEROFP.memo .o Comm Diaz re `Nash Avtloc
MIAMIBEACH
cf ri:_t OF tHE N,A"O. AND CO.M,rn~ss~oN MEMORANDUM
r0: Jorge M. Gonzalez, City Manager
FROM.: Victor M. Diaz, Jr., Commissioner ~ t~
~ArF January 13, 2009
Sua)ecr: Separation Requirement for Liquor Establishments
I would like to know what the current situation is with the 500 foot separation requirement
between liquor establishments, between 5`" Street and 8~ Street. I also would like to know how
long a business has to be closed before its ability to continue to operate as a liquor
establishment lapses under city code. If your staff could please provide a response to this
inquiry, it would be greatly appreciated.
VMD/sm