20160113 SM4MIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 4
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 13,2016
Mayor Philip Levine
Commissioner John Elizabeth Alem5n
Commissioner Ricky Arriola
Com m issioner Kristen Rosen Gonzalez
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Gommission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the Gity
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
R5E An Ordinance Granting To Peoples Gas System, A Division Of Tampa Electric Company, lts
Successors And Assigns, A Non-Exclusive Natural Gas Franchise Agreement To Use The
Public Rights-Of-Way Of The City Of Miami Beach, Florida, And Prescribing The Provisions
And Conditions Under Which Said Franchise Shall Be Exercised; Providing For Monthly
Payments To The City; Providing An Effective Date; And Repealing Prior Ordinance. 10:20
a.m. Second Readinq Public Hearing
(Public Works)
(This Franchise Agreement is not a true "ordinance" that falls within the sponsorship requirements
set forth within Section 2-12 of the Miami Beach City Code.)
(First Reading on December 9,2015 - RsN)
(Ordinance)
R9 - New Business and Gommission Requests
RgG Update Regarding 2016 Early Voting Location At Miami Beach City Hall.
(Office of the City Clerk)
(Additional lnformation)
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Supplemental 4, January 13,2016
R9R Discussion: Proposed Alcoholic Beverages Ordinance Amendment - Modified Recommendations.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
(Revised Memorandum)
RgT Motion To Reconsider Vote On Agenda ltem R7C From December 16, 2015 City Commission
Meeting (Re: South Beach Component Of The Direct Connect Transit Pro.lect).
(Sponsored by Commissioner Kristen Rosen-Gonzalez)
(Additional I nformation)
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ORDINANCE NO.
AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, A DIVISION
OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS,
A NON-EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO
USE THE PUBLIC RIGHTS.OF.WAY OF THE CITY OF MIAMI BEACH,
FLORIDA, AND PRESCRIBING THE PROVISIONS AND CONDITIONS
UNDER WHICH SAID FRANCHISE SHALL BE EXERGISED;
PROVIDING FOR MONTHLY PAYMENTS TO THE GITY; PROVIDING
AN EFFECTIVE DATE;AND REPEALING PRIOR ORDINANGE.
WHEREAS, there is currently in effect a franchise agreement between the City of Miami
Beach ("City") and Peoples Gas System, a division of Tampa Electric Company ("PGS"), the terms
of which are set forth in City of Miami Beach Ordinance No.90-2679, passed and adopted
February 7, 1990, and PGS's written acceptance thereof dated January 2, 1990, granting to PGS,
its successors and assigns, a twenty (20) year gas franchise ("Current Franchise Agreement"); and
WHEREAS, PGS and the City desire to enter into a new agreement ("Franchise
Agreement") providing for the payment of fees to the City in exchange for the non-exclusive right
and privilege of supplying natural gas and other natural gas systems-related services within the
City of Miami Beach free of competition from the City of Miami Beach, pursuant to certain terms
and conditions; and
WHEREAS, the City Commission deems it to be in the best interest of the City of Miami
Beach and its citizens to enter into the new Franchise Agreement.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEAGH, FLORIDA, AS FOLLOWS:
SECTION 1. For the purposes of this Ordinance, the following terms shall have the
meaning given herein:
A. "Customed' shall mean any Person served by the Company or to which gas is transported
within the corporate limits of the City.
Agenda ttem R tE
Date l-13-lb3
B. "City" or "Granto/' shall mean the City of Miami Beach, a municipal corporation operating
pursuant to Florida law.
C. "Company," "Grantee" or "PGS" shall mean Peoples Gas System, a division of Tampa Electric
Company, a Florida corporation, its successors and assigns.
D. "Distribution Systems" or "Distribution Facilities" shall mean any and all transmission pipe lines,
main pipe lines and service lines, together with all tubes, traps, vents, vaults, manholes,
meters, gauges, regulators, valves, conduits, attachments, structures and other appurtenances,
as are used or useful in the sale, distribution, transportation or delivery of natural gas and as
are situated within the corporate limits of the City.
E. "Effective Date" shall mean the date this Franchise becomes effective as described in Section
21 below.
F. "Franchise" or "Franchise Agreement" shall mean this Ordinance, as passed and adopted by
the City and accepted by PGS, as provided in Section 21 below.
G. "FPSC" shall mean the Florida Public Service Commission or any successor agency.
H. "Gross Revenues" shall mean all revenues (as defined by the Florida Public Service
Commission) received by PGS from any Customer from the sale, distribution, transportation,
delivery and conveyance of Natural Gas.
l. "Person" shall mean any individual, firm, partnership, estate, corporation, company or other
entity, including, but not limited to, any government entity.
J. "Natural Gas" or "Gas" shall mean natural gas and/or manufactured gas and/or a mixture of
gases which is distributed or transported in pipes and measured by meter on the Customer's
premise. lt shall not mean propane gas or liquefied petroleum gas (commonly referred to as
"bottled gas").
K. "Right-of-Way" means any street, road, lane, highway, avenue, boulevard, alley, waterway,
bridge, easement, public place or other Right-of-Way that is owned by the City.
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SECTION 2. There is hereby granted to Grantee, for the period of ten (10) years from the
effective date hereof, the non-exclusive right, privilege, and franchise (hereinafter called
"Franchise") to construct, operate, and maintain in, under, upon, along, over, and across the
present and future Rights-of-Way) throughout all of the incorporated areas, as such incorporated
areas may be constituted from time to time, of the Grantor, in accordance with PGS's customary
practice with respect to construction and maintenance, distribution systems or distribution facilities
(including, without limitation, transmission and distribution pipe lines, and all other systems or
facilities installed in conjunction with or ancillary to all of the Grantee's operations), for the purpose
of supplying natural gas service and other natural gas-related services incidental thereto (which
other natural gas-related services are defined as PGS's facility-to-facility capabilities over the
distribution systems lines to identify future needs on improved methods of delivering natural gas,
and other services necessary or helpful to the provision of natural gas service, and which do not
include any services that are sold to others including, without limitation, the transportation and
delivery of natural gas) to the Grantor and its successors, and the inhabitants thereof, and persons
beyond the limits thereof.
SECTION 2.(a). The Distribution Systems shall be so located, re-located, installed,
constructed, and erected as to not unreasonably interfere with the convenient, safe, continuous
use, or with the maintenance, improvement, extension or expansion of any public "road," as
defined under the Florida Transportation Code, nor unreasonably interfere with reasonable egress
from and ingress to abutting property.
(b) To minimize such conflicts with the standards set forth in subsection (a) above, the
location, relocation, installation, construction, or erection of all facilities shall be made as
representatives of the City may prescribe in accordance with all applicable federal, state, and local
statutes, laws, ordinances, rules, and regulations, and pursuant to Grantor's valid rules and
regulations with respect to utilities' use of Rights-of-Way relative to the placing and maintaining in,
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under, upon, along, over, and across said Rights-of-Way, provided that such rules and regulations
shall be:
(i) for a valid municipal purpose;
(ii) shall not prohibit the exercise of Grantee's rights to use said Rights-of-Way for reasons
other than conflict with the standards set forth above;
(iii) shall not unreasonably interfere with Grantee's ability to furnish reasonably sufficient,
adequate, and efficient natural gas service to all its customers while not conflicting with the
standards set forth above; or
(iv) shall not require relocation of any of the Distribution Systems or facilities installed before or
after the effective date hereof in any Rights-of-Way unless or until the facilities unreasonably
interfere with the convenient, safe, or continuous use, or the maintenance, improvement,
extension, or expansion, of such Rights-of-Way.
(c) Such rules and regulations shall recognize that above-grade distribution systems of
the Grantee installed after the effective date hereof should, unless otherwise permitted, be installed
near the outer boundaries of the public Rights-of-Way to the extent possible, and such installation
shall be consistent with the Florida Department of Transportation's Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and Highways, as same may be
amended from time to time.
(d) When any portion of a public Right-of-Way is excavated, damaged, or impaired by
PGS, or any of its agents, contractors or subcontractors, because of the installation, inspection, or
repair of any of its Distribution Systems or Distribution Facilities, the portion of the public Right-of-
Way so excavated, damaged, or impaired shall, within a reasonable time and as early as
practicable, but in no event greater than ten (10) days after completion of the underlying project, be
restored to its original condition before such excavation, damage, or impairment by the Grantee at
its expense.
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(e) The City shall not be liable to the Grantee for any cost or expense in connection
with any relocation of the Distribution Systems required under this Section, except, however, the
Grantee may be entitled to reimbursement of its costs from others and as may be provided by law.
(0 ln the event the Grantor requires removal or relocation of the Distribution Systems
because the Distribution Systems unreasonably interfere with the standards set forth in subsection
(a) hereof, and Grantee fails to remove or relocate such Distribution Systems at Grantee's expense
within thirty (30) days after written notice from the City, then the City may proceed to cause the
Distribution Systems to be removed or relocated and the expense therefore shall be charged
against the Grantee.
SECTION 3.The City shall in no way be liable or responsible for any accident, injury, or
damage caused by PGS, and its officers, employees, agents, servants, contractors, or
subcontractors, whether to persons or property, that may occur in the construction, installation,
location, relocation, reconstruction, maintenance, repair, or operation by PGS of its distribution
systems hereunder. Accordingly, acceptance of this Franchise Agreement by PGS shall be
deemed an agreement on the part of the PGS, and PGS shall indemnify and hold harmless the
City, and its officers, employees, agents, servants, contractors, or subcontractors, from and against
any and all liability, loss, costs, damages, attorneys'fees, or expenses (including, without limitation,
those for or related to any accident, injury, personal injury, wrongful death, or other damage to
persons or property), including the City's reasonable attorneys' fees and costs incurred in
defending itself against any claims for such liabilities, losses, costs, damages, or expenses
asserted against the City by others which may accrue to or be incurred by or charged or sought
against the City, or any of its officers, employees, agents, servants, contractors, or subcontractors,
by reason of construction, installation, location, relocation, reconstruction, maintenance, repair, or
operation of the Distribution Systems by PGS, or by any acts or omissions of negligence, gross
negligence, strict liability, products liability, or intentional torts, default, or misconduct of PGS, or
any of its officers, directors, agents, servants, employees, contractors, or subcontractors. The
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indemnity hereunder shall include not only the reasonable costs, expenses, and attorneys' fees
incurred by the City in defense of any third party's claim (prior to and during all phases of litigation,
including trial and post-trial and appellate proceedings), but shall also include the reasonable costs,
expenses, and attorneys' fees incurred by the City in the event it must enforce the terms of this
indemnity prior to and during all litigation, including trial, post-trial, and appellate proceedings. This
indemnity shall survive expiration or other termination of this Franchise Agreement.
SECTION 4. All rates and rules and regulations established by the Grantee from time to
time shall be subject to such regulation as may be provided by law.
SECTION 5. Except as provided in Section 13, the Franchise hereby granted shall be for
a period of ten (10) years from the effective date of this ordinance.
SECTION 6. The Franchise hereby granted shall not be leased, assigned or othenruise
alienated or disposed of except with the prior express written consent of the City, which shall not be
unreasonably withheld or unduly delayed. No assignment shall be allowed without the assignee
assuming the terms of the Franchise Agreement with the City.
SECTION 7. As a consideration for this Franchise, PGS shall pay to the City, commencing
thirty (30) days after the effective date herein, and each month thereafter for the remainder of the
term of this Franchise, an amount which when added to the amount of all licenses, excises, fees,
charges and other impositions of any kind whatsoever (except ad valorem property taxes and non-
ad valorem tax assessments on property) levied or imposed by the City against PGS's property,
business or operations, and against the property, business, or operations of the Grantee's
subsidiaries that are directly involved in supplying natural gas and other natural gas-related
services as defined in Section 1 of this Franchise Agreement, during PGS's monthly billing period
ending sixty (60) days prior to each such payment, will equal six percent (6.00%) of the Grantee's
gross revenues a sum of money equal to six percent (6.00%) of Gross Revenues, less those
specific adjustments for uncollected accounts, from the sale, transaction, distribution,
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transportation, delivery and conveyance of Natural Gas to Customers within the corporate limits of
the City.
SECTION 8. As a further consideration, during the term of this Franchise, the Grantor
agrees: (a) not to engage in the distribution and/or sale, in competition with the Grantee, of natural
gas to any ultimate consumer of the natural gas (herein called a "customed') or to any Distribution
Systems established solely to serve any customer formerly served by the Grantee; and (b) not to
participate in any proceeding or contractual arrangement, the purpose or terms of which would be
to obligate the Grantee to transmit and/or distribute, natural gas from any third party(ies) to any
other retail customer's facility(ies); provided, however, that the Grantor shall not be considered a
"third party" or an "other retail customer" for purposes of this provision. Nothing specified herein
shall prohibit the Grantor from engaging with other utilities or persons in wholesale transactions or
franchise agreements surrounding those third party supplies of natural gas. Nothing specified
herein is intended to restrict the Grantor from securing the appropriate franchise fees from those
entities that are utilizing the Distribution Systems, which is the subject of the Granto/s agreement
not to compete set forth in this paragraph.
Nothing specified herein shall prohibit the Grantor, if permitted by law: (i) from purchasing
natural gas from any other person or utility; or (ii) from seeking to have the Grantee transmit
and/or distribute to any facility(ies) of the Grantor natural gas purchased by the Grantor from any
other person or utility in compliance with applicable laws and regulations. The City shall be free to
consummate such purchase transaction with such other person or utility, and all of the terms and
conditions of this Franchise shall remain in effect.
SECTION 9. The Distribution Systems shall be erected, placed, or laid in such manner as will,
consistent with necessity, least interfere with other public uses of the Rights-of-Way, and said
Rights-of-Way shall not be unnecessarily obstructed, and before, except in an emergency situation,
the Company makes any excavation or disturbs the surface of any of the Rights-of-Way, it shall
obtain a permit from the appropriate City authority. The City shall issue, or if applicable deny,
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permits within ten (10) business days of application by the Company. For each application by the
Company, a specific time to the Company shall, with due diligence and dispatch, place such
Rights-of-Way in as good a condition as before such excavation or disturbance was made shall
be included in the permit issued by the Miami Beach Department of Public Works for the Company
to complete any restoration of Rights-of-Way required. At the time of the approval of the terms and
conditions of this Franchise Agreement in accordance with applicable law, PGS shall file with the
City an annual bond in the minimum sum of $50,000 having as a surety thereon a surety company
qualified to do business in the State of Florida and conditioned for the full and faithful performance
by PGS of all requirements, duties and obligations imposed upon it by the provisions of this
Franchise Agreement, and such bond shall be furnished annually and shall provide a continuing
guarantee of such full and faithful performance at all times throughout the effective period hereof.
Should PGS fail, within ten (10) days of its receipt of written notice from the City, to restore such
Rights-of-way, then the City may undertake such restoration (other than any restoration work on
the Distribution Systems) and charge the reasonable cost thereof to PGS.
To the extent consistent with Florida law, PGS hereby agrees to abide by all the rules and
regulations and ordinances which the City has passed or might pass in the future, in the exercise of
its police power, and further agrees to abide by any established policy which the City or its duly
authorized representative has passed, established, or will establish, in the exercise of its police
power; provided, however, that the City shall not pass any ordinance or regulation that results in a
material change in the rights or obligations of the Company under the Franchise Agreement.
SECTION 10. All such components of the Distribution Systems or Distribution Facilities
located within the City shall be installed and maintained in accordance with accepted industry
practice and in accordance with the orders, rules, and regulations of the Florida Public Service
Commission.
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SECTION 1 1 . All components of the Distribution Systems or facilities shall be laid
consistent with all applicable codes, rules, regulations and laws.
SECTION 12. The City reserves the right to permit to be laid, electric conduits, water and
gas pipes and lines, cables, sewers, and to do and permit to be done any underground work that
may be deemed necessary or proper by the City in, across, along, or under any Right-of-Way.
Whenever, by reason of establishing a grade or by reason of changes in the grade of any Right-of-
Way, or by reason of the widening, grading, paving, or otherwise improving present or future
Rights-of-Way, or in the location or manner of construction of any water pipes, electric conduits,
sewers, or other underground structure located within the Rights-of-Way, it shall be deemed
necessary by the City to remove, relocate or disconnect any portion of the Distribution Systems
hereto for any public purpose as determined in the sole discretion of the City, such removal,
relocation or disconnection shall be made by the Company as ordered in writing by the City without
claim for reimbursement. lf the City shall require the Company to remove, relocate or disconnect
any portion of its Distribution Systems or in any way to alter the placement or location of the
Distribution Systems, to enable any other Person to use said Rights-of-Way, as part of its
permitting or approval process, the City shall require the Person desiring or occasioning such
removal, relocation, disconnection or alteration to reimburse the Company for any loss, cost or
expense caused by or arising out of such removal, relocation, disconnection or alteration of any
portion of the Distribution Systems. PGS further agrees that it will not intentionally interfere with,
change, or injure any water pipes, drains, or sewers of said City unless it has received specific
permission from the City or its duly authorized representative.
SECTION 13. Failure on the part of PGS to comply in any material respect with any of the
provisions of this Franchise shall be grounds for forfeiture. ln the event Grantor reasonably
determines that it will invoke this forfeiture provision, Grantor shall give the Grantee at least sixty
(60) days advance written notice of its intent to invoke the forfeiture provision, and the Grantor and
Grantee agree to negotiate in good faith toward a mutually acceptable resolution of the claimed
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basis for the forfeiture during this sixty (60) day period. Such notice shall, without prejudice to any
of the rights reserved for the Grantor herein, advise the Grantee of the substance of the alleged
failure of Grantee to comply in a material respect with the provisions of this Franchise that Grantor
considers to be the basis for the forfeiture. The Grantee shall then have thirty (30) days in which to
correct or othenruise remedy the claimed basis for the forfeiture. lf the Grantor reasonably
determines that such claimed basis for the forfeiture is not remedied by the Grantee within said
time period, the Grantor may invoke this forfeiture provision by delivering written notice to
Grantee's Corporate Secretary and forfeiture shall be effective on the date of delivery of such
notice. Nothing contained herein shall be construed as constraining Grantee's rights to legally
challenge at any time Grantor's determination of the claimed basis for the forfeiture leading to
termination under this Section. The Grantor maintains the right, at its discretion, to grant such
additionaltime to the Grantee for complian@ as necessities in the case require.
Section 14. The City may, at its option and at its sole expense, examine the books and
records of Grantee as such books and records relate to the calculation of the franchise fee
payment to the Grantor for the calendar year preceding such anniversary date, and those records
related to third party natural gas suppliers based upon the sale, distribution, transportation,
delivery, and conveyance of the natural gas through the Distribution Systems; provided, that any
such inspection shall take place during regular business hours at Grantee's head office, no more
than once per year and City provides PGS with reasonable advance written notice. Grantee shall
observe all legal and regulatory requirements in establishing and maintaining its system of
accounts and forms of material. Grantee shall attach to each payment to Grantor a statement of its
gross revenues against which the franchise fee is to be calculated as to all accounts. Acceptance
of payment by Grantor shall not stop Grantor from asserting that the amount paid is not the amount
due. Grantee shall make available for review all accounts and records of Grantee that Grantor
may reasonably request or require relative to calculating the franchise fee. Such examination of
books and records of Grantee by Grantor shall be made during the regular business hours of the
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Grantee at the general office of the Grantee. Records not prepared by the Grantee in the ordinary
course of its business may be provided at the Grantor's expense and as the Grantor and the
Grantee may agree in writing. Additionally, where copies of Grantee's records may be properly
obtained by Grantor for purposes of this Section, said copies will be made at the Grantee's
expense. Such audit shall be impartial and all audit findings, whether they decrease or increase
payment to the Grantor, shall be reported to the Grantee. The Grantor's right to examine the
records of the Grantee in accordance with this Section shall not be conducted by any third party
employed by the Grantor whose fee, in whole or part, for conducting such audit is contingent on
findings of the audit. Records shall be retained by Grantee for a period of five (5) years. The
provisions of this Section shall survive termination of this Franchise Agreement for a period of five
(5) years.
Notwithstanding the preceding paragraph, Grantor shall have one (1) year following the
expiration or termination of the Current Franchise Agreement within which to conduct the
examination and audit contemplated by this Section, as to such Agreement; such examination and
audit to cover the last three (3) years of the Current Franchise Agreement.
SECTION 15. Notwithstanding any provision of this Franchise Agreement, nothing herein
shall prevent, prohibit, or in any way restrict the Grantods ability to take advantage of all applicable
services set forth in Grantee's tariffs as those tariffs are approved from time-totime by Grantee's
regulators, and nothing herein shall prevent, prohibit, or in any way restrict the Granto/s ability to
avail itself of all rights accruing to Grantor as a retail customer of Grantee under Florida law and the
rules and regulations of the Florida Public Service Commission.
SECTION 16. During the term of this Franchise, the Company shall file with the City Clerk
and shall keep in full force and effect at all times during the effective period hereof, insurance
certificates evidencing a general liability insurance policy or policies or evidence of self-insurance
within the corporate limits of the City, as they currently exist or may exist in the future. Each such
policy shall be in the minimum sum of $1,000,000.00 for injury or death to any one person, and in
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the minimum sum of $5,000,000.00 for injury or death to all persons where there is more than one
person involved in any one accident, and in the minimum sum of $1,000,000.00 for damage to
property, resulting from any one accident, and each of the said minimum sums shall remain in full
force and shall be undiminished during the effective period of this Ordinance. The coverage
requirements set forth in this Section may be satisfied, in whole or in part, with self-insurance.
Every such insurance policy shall contain a provision whereby every company executing
the same shall obligate itself to notify the clerk of the City, in writing, at least thirty (30) days before
any material alteration, modification, or cancellation of such policy is to become effective.
SECTION 17. Changes in the terms and conditions hereof may be made by written
agreement between the City and the Company.
SECTION 18.
A. lf any section, part of a section, paragraph, sentence, or clause of this Ordinance shall
be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the
validity of any other portion hereof, but shall be restricted and limited in its operation and effect to
that specific portion hereof involved in the controversy in which such decision shall have been
rendered; provided, however, that should elimination of the specific portion of the Franchise
Agreement adjudged to be invalid results in significant adverse consequences to a party, then that
party may terminate this Franchise Agreement by providing thirty (30) days written notice to the
other party.
B. Upon the issuance by a court of competent jurisdiction of an order, ruling, or decision,
or the enactment or adoption by the Florida Legislature, the City or any other governmental or
regulatory body, of a law, rule, regulation or ordinance, that materially diminishes a municipality's
ability to exact franchise fees from a utility, or that effectively does away with the ability of a
municipality to grant a franchise altogether, then the Company or City may terminate this Franchise
Agreement by providing ninety (90) days written notice to the other party.
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SECTION 19. Ordinance 90-2679, passed and adopted February 7, 1990 and all other
ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith,
are hereby repealed.
SECTION 20. As a condition precedent to the taking effect of this Ordinance, the Grantee
shall file its acceptance hereof with the Grantor's Clerk. Grantor and Grantee agree and
acknowledge that Grantee shall deliver its Acceptance to Grantor on or before January 29,2016,
provided that this Ordinance has passed on first and second reading on or before January 29,
2016, and in that event the effective date of the Franchise Agreement shall be the date on which
said Acceptance is delivered to the Grantor's Clerk by Grantee.
PASSED on first reading this _ day of 201
PASSED AND ADOPTED on second reading this day of
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL GRANADO, CIry CLERK
APPROVED AS TO
FORM & TANGUAGE
& FOR EXEGUTION
201
F:\ATTO\BOl(A\Agreements\Peoples Gas System (IECO) Franchise Agreement - 2016.docx
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City of Miomi Beoch, OFFICE OF THE Clry CLERK,
,I700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
MIAMIBEACH
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
;:il,;';:;:"c'lvcer($
SUBJECT: Clw HALL EARLY VOTING OPTIONS AND COST BREAKDOWN
At the direction of the City Commission on December 16, 2015, options have been reviewed in an effort to
retain Miami Beach City Hall, in lieu of the Miami Beach Regional Library, located at 227 22nd Street, as an
Early Voting location for the 2016 Elections.
Below please find the cost breakdown, and attached related back-up materials.
OPTION ONE:
First Floor Gonference Room:
Leveling floor inside FFCR (attached)
New Carpet Floor Tiles (attached)
Placing AC Tent extended from
room to Breezeway (attached)
OPTION THREE:
7th Floor Parking Garage
AC Tent 40' x 80' 8' (attached)
Portable Bathroom
March 15,2016
$25,662.50
$12,570.46
$ 8.990.00
$47,222.96
March 15,2016
$23,206.00$ 300.00 /one)
$23,506.00
$ 8,990.00
$ 8,990.00
August 30, 2016
$23,206.00$ 600.00 /fwol
$23,806.00
November 8,2016
$23,206.00
$ 1.200.00 /four)
$24,406.00
August 30, 2016 November 8, 2016N/A N/AN/A N/A
$ 8,990.00
$ 8,990.00
TOTAL - Option One: $65,202.96
The approximate usable space is 2,395 square feet.
OPTION TWO:
Short-Term Parking Area DISCARDED
The approximate usable space is 3,200 square feet.
TOTAL - Option Three: $71,718.00
Agenda ltem
Date
F:\CLER\COMMON\2016\01132016\Commission Memo RE EV Location And Breakdown.Docx
17
oPTtoil 0il8
FIRST FLOOR
CONFERENCE ROOM
18
delcons inc.
Certified General Contractors
7750 Y'l 24lh Ave #27, Hioleoh FL 3301 6
Phone: (786) 210-6041 Fox (305) 828-4533
e-moil:informotion@delconsinc.com
www.delconsinc.com
Name / Address
City of Miami Beach
1700 Convention Center
Miami Beach, FL 33139
Project
Demolition & Concrete Worls at City Hall
sign to indicate your approval.CustomerName
Estimate
Date Estimate #
ll8l20t6 tt134
P.O. No.Contract
028712 20ts-090-02
Description Total
FACILITIES MAINTENANCE SERVICES AS PER ITN 20 1 5-O9O-JR
Scope of Works:
Remove and dispose existing concrete steps and concrete floor, including backfill materials.
New concrete Slab: Leveling, compaction, forrning, wire mesh installation. Pour 3000 psl
concrete 4" for new slab. (Approx. 600 S.F.). New Slab to be same level to adjacent tile floor.
Apply smoth concrete overlay on top of existing floor tile to match finish of new concrete slab
(Approx. 1000 S.F.)
Apply new stucco in columns to match existing
New drywall installation required after demolition works, including finish and ready to receive
paint
General painting works
LABOR
Supervision: 2brs/day x 15 days:30hrs @ $62.50
Demolition: 7 days x 3 men: L47brs @ $62.50
Stucco works:2 day x I man= l6hrs @ $62.50
Drywall works: 2 days x I man= l6hrs @62.50
Painting Works: 3 days x I man= 24brs @62.50
MATERTALS
Trash Container: 2@$500.00 + 10% Mark-up
Concrete Works: New Slab and Leveling existing floor, includes all labor and materials : $7,200
+10% Mark-up
Materials allowance for drywall, stucco, paint, etc $1,800.00 + l0% Mark-up
1,875.00
9,187.50
1,000.00
1,000.00
1,500.00
1,100.00
8,000.00
2,000.00
Total $2s,662.s0
Ifyou have any questions or concerns, please do not hesitate to contact us. Payments shall be due in accordance with the terrns described. please
Customer Siganature Date Accepted
19
STATE CO NTRACT #360 -240 -1 2-1 -NJ PA
NJPA # 022712-MC
Broward County Projects
QUOTATION FORM
PTJRCHASE
CUSTOMER ACCOI]NT#
l. Pricing for Industry Standard Floor Prep- any unforseen conditions require a change order.
2. Yardages that are based on drawings from customer (Bill to) or independent iS$p4ep$Bates that result in xtra material that may
PAGE I
uQ r:08-0281 4
II\A trAEIVII' I YES ,---NO-
PROPOSAL DATE:January /r zuto
Vh,NDOR NAME:Milliken Services. LLC
ADDRESS:300 W. Lukken Industrial f)rive
]ITY, STATE, ZIP:LaGranse- G430240
TELE #:706-880-3039
rAX #:877-503-6780
JILL IU:L ltv oI Mlaml Beacll
bllc Works - ProDertv Manasement Divis
1245 Michisan Avenue
Miami, FL 33 139
)ATE PO ISSUED DATE
MATERIAL SHIP TO:
1799 NW 22Slreet
407 -37 5 -9 438 (Don Cell)
FL 33t42
Beach lst Flr Auiliioiium:,*l
786-299-01 18
YDG: Pat#1 FAC52-126 A s27.09 AMOUNT:
AMOUNT=
$5.5 53.45
RUN l%or25yds MATERIAL
MATERIAL
INSTALL
MATERIAL
MATERIAL
INSTAI-I,
MATERIAL
MATERIAL
INSTALL
MATERIAL
MATERIAI,
MATERIAL
MATERIAL
INSTALL PRICE
INSTALL PRICE
INSTALL PRICE
INSTALL PRICE
$27.09 $s4. I 8
TTIC STOCK 3%$27.09 AMOUNT =
YDG: Pat#2 S/Y $0.00
$0n0
-$ono
AMOUNT=
AMOUNT =
AMOUNT =
AMOUNT =
AMOUNT =
$0.00
VER_RUN loh or 25 yds
TTIC STOCK
S/Y 00
YDG: Pat#3
O S/Y--ffi s0.00
$0.00
$0.00
$0.00l%or25yds $0.00
TTIC STOCK $O.OO AMOUNT =
YDG: Pat#4 S/Y $0.00 AMOLINT:
AMOUNT:
AMOUNT=
AMOTINT:
AMOUNT:
AMOTNT=
$0.00
$0.00
$0.00
$259.42
$0.00
_RLIN l%or25yds S/Y $0 00
TTIC STOCK $0.00
ESIVE BOX $t29.71
RACTION BACK S/Y $1.29
ALL CARPET S/Y $s.77 $ 1. 1 82.85
ARPET REMOVAL
ARPET DISPOSAL
S/Y $3.45 AMOUNT:00
$1.2s AMOUNT=$0.00
NITURE MOVE AND REPLACE S/Y $5,00 AMOUNT:$0.
$0.YSTEM LIFTING (9)S/Y INSTALL PRICE $12.97 AMOUNT =
Y&INST TRANSITIONS
Y&INST 4"VINYLBASE@ wall
Y&INST 6"VINYLBASE @ Steps
12 LFT INSTALL PRICE
INSTALL PRICE
INSTALL PRICE
INSTALL PRICE
INSTALL PRICE
INSTALL PRICE
$4.00 AMO[JNT:
300 LFT s2.4s AMOUNT =
AMOUNT:
$73 5
200 LFT s2.75 $s50.
$0
$0.
ARPET USED AS COVE BASE S/Y $O.OO AMOUNT =
FOR CARPET COVE BASE $5.00 AMOUNT =
TAIRNOSING STANDARD 240 LFT $5.00 AMOTJNT=$ l.200.
lst MTRL NUMBER
HESIVE
.NIGHTS & WEEKENDS 205 S/Y
t E.ach
INSTALL PRICE
$ 1.00
52io $5 12.
$m
INSTALL PRICE
INSTALL PRICE
AMOUNT =
AMOUNT =
AMOUNT=
SERVICES R
NOTES:
20
be required, the cost ofextra material is the responsbility ofthe Bill to.
3. Work to be provided on schedule provided by Owrer
(consecutive workdays until completion)
4) Extra trips charges will be added when cancelled or stopped work occurs from unplanned owner schedule changes
5) Materials are billed separate from installation subject to POD at ship to
All Commercial transactions, offers and acceptances are exclusively subject / limited to and conditioned upon our terms at
http://www. milliken.com/terms
andweobjecttoandrejectanyofyouradditional /diff'erenttermsandconditionsunlessweexpresslyagreetotheminasignedwriting. ThankYou
Page 2 of 3
21
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22
Job Site: CITY OF MIAMI BEACH
17OO CONVENTION CENTER DRIVE
M!AM! BEAGH, FLORIDA 33139
Gustomer: CITY OF MIAMI BEACH
1245 MICHIGAN AVENUE
MIAMI BEACH, FLORIDA 33139
CONTACT: EDGAR ZAPATA
CELL: 786-299-0118
EDGARDZAPATA@M IAM I BEAC H FL. GOV
PH: 305-673-7963EXT.2964 FAX:
Remit To: PRESTIGE EVENT SERVICES, INC
14317 SW 139 COURT
MIAMI, FL 33186
PHONE: 786-243-0725
FAX: 786-243-1415
RENTAL CONTRACT
Reservation #
lnvoice # 13175
Contract Date: 11812016
Date Out: 211712016
Event Date: 212112016 - 3115116
Date ln: 311512016
Job Name: N/A
Job Location: MIAMI BEACH
P.O. Number: N/A
Ordered By: EDGAR ZAPATA
Written By: ARTHUR ORTEGA
Terms: 80% DOWN,20% UPON COMPLETTON OF SETUP
Cat-Class Qty. Description Unit Price Tota!
1 15'X 45'X 8'WHITE FRAME TENT
CUSTOM
CUSTOM
CUSTOM
6
2
8
2
2
4
4
4
1
1
2
1
$
$
$
$
$
$
$
$
$
$
$
$
$
8'X 20'WHITE WALLS
15'RAINGUTTERS
WATER BARRELS WITH WHITE COVERS
SETS OF DOUBLE GLASS DOORS WITH RAMPS
EXIT SIGNS
FIRE EXTINGUISHERS
NO SMOKING SIGNS
PAR 38'S AS UPLIGHTING
AIR CONDITIONING PACKAGE INCLUDES
9'X 25'WHITE WALLS
9'X 20'WHITE WALLS
LABOR CHARGE TO INSTALL WALLS ON BUILDING
Sub-Total
7o/o Taxes
Sub-Total
Delivery
Less Deposit
TOTAL DUE
$ 1,245.00
$ 240.00
$ 6000
$ 320.00
$ 1,200.00
$ 150.00
$ 140.00
$$ 120.00
$ 3,785.00
$ 385.00
$ 720.00
$ 350 00
8,715.00
8,715.00
275.00
$ 8,990.00
valid for 30 DAYS
1,245.00
40.00
30.00
40.00
600.00
75.00
35.00
30 00
ggs.oo
360.00
350.00
$
$
$
Customer is for al! insurance and marki lines.
ARTHUR ORTEGA 11812016
PRESTIGE REPRESENTATIVE DATEcusroMER STGNATURE DATE IAMEFRI],|TED
23
1oil
SHORT TERM
PARKING GARAGE
24
Oil TilNET
SEVENTH FLOOR
PARKING GARAGE
25
Remit To: PRESTIGE EVENT SERVICES, INC
14317 SW 139 COURT
MIAMI, FL 33186
PHONE: 786-243-0725FAX: 786-243-1415
RENTAL CONTRACTJob Site: CITY OF MIAMI BEACH
17OO CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
Customer: CITY OF MIAMI BEACH
1245 MICHIGAN AVENUE
MIAMI BEACH, FLORIDA 33139
CONTACT: EDGAR ZAPATA
CELL: 786-299-0118
EDGARDZAPATA@M IAM I B EAC H FL. GOV
PH: 305-673-7963 ExT.2964 FAX:
Reservation #
lnvoice # 13174
Contract Date: 11812016
Date Out: 211712016
Event Date: 212112016 - 3115116
Date ln: 311512016
Job Name: N/A
Job Location: MIAMI BEACH
P.O. Number: N/A
Ordered By: EDGAR ZAPATA
Wriften By: ARTHUR ORTEGA
Terms: 80% DOWN,20% UPON COMPLETION OF SETUP
Cat-CIass aty. Description Unit Price Total
48
1
1
4
2
2
4
4
6
1
$
$
$
$
$
$
$
$
$
$
$
12M X 24MX2.4M (40',X B0'X 8',)
WHITE CLEARSPAN TENT WITH WHITE WALLS
LAG BOLTS, SHIELDS AND WASHERS
LABOR CHARGE TO DRILL BOLTS
40'X 1OO' PLYWOOD LAYDOWN FLOOR
1,200 SQURE FOOT ROLLS OF NEW BLACK TURF
SETS OF DOUBLE GLASS DOORS WITH RAMPS
EXIT SIGNS
FIRE EXTINGUISHERS
NO SMOKING SIGNS
PAR 38'S AS UPLIGHTING
AIR CONDITIONING PACKAGE INCLUDES
SPECIAL NOTES TO CUSTOMER:
PRICE BASED ON DRILLING TO PARKING LOT
1.50
7.00
350.00
1.10
0.75
600.00
75.00
35.00
30.00
Sub-Total
7o/o Taxes
Sub-Total
Delivery
Less Deposit
TOTAL DUE
$ 6,000.00
$ 336.00
$ 350.00
$ 4,400.00
$ 3,600.00
$ 1,200.00
$ 150.00
$ 140.00
$-
$ 180.00
$ 6,400.00
$ 22,756.00
$-
$ 22,756.00
$ 450.00I
$ 23,206.00
Customer is responsible for all insurance and lvalid for 30 DAYS
26
MIAMIBEACH
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
C SSION MEMORANDUM
BACKGROUND
On December 15, 2015, the Planning Board reviewed a comprehensive set of proposed revisions
to the City's alcoholic beverage regulations, which are contained in three separate draft
Ordinances, and transmitted the legislation to the City Commission with an 'Unfavorable'
recommendation. The subject Ordinances are tentatively scheduled to be noticed for First Reading
at the February 10,2016 City Commission meeting.
The following is a summary of the legislative tracking of the proposed ordinances:
Julv 9. 2014
The Land Use and Development Committee (LUDC) discussed potential amendments to the City
Code pertaining to alcoholic beverage establishments, allowable accessory uses and
Neighborhood lmpact Establishments (NlE). The Committee recommended that the City
Commission refer a discussion item to the Land Use Committee pertaining to the following:
1. Alcoholic Beverage Establishments (Chapter 6);2. Requirements for determining the size and square footage of "Accessory Uses" in relation
to the main permitted use; and
3. The clarification of threshold standards for Neighborhood lmpact Establishments.
(NOTE: This part of the legislation was to address the current conflict between the
requirements of the life-safety code as it peftains to the establishment of an
occupational load and the zoning standards for an NlE.
Julv 23. 2014
The Mayor and the City Commission referred to the LUDC (ltem C4K) a discussion item regarding
proposed amendments to the City Code pertaining to alcoholic beverage establishments, allowable
accessory uses and Neighborhood lmpact Establishments (NlE).
October 1, 2014
The Land Use Committee discussed the proposal and directed the Administration to draft an
Ordinance and return to the Committee on November 5, 2014. (Note: the draft ordinances
requested were not ready in time for the November 5,2014 LUDC meeting, so the item was moved
Agendaltem RQR-
Date l-t3'lL
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
the City mtsston
DATE: January 13,2016
SUBJECT: Discussion: Proposed
Recommendations
Alcoholic Ordinance Amendment - Modified
27
Commission Memorandum
Dtscusslon: Proposed Alcohol Ordi nances
January 13,2016 Page 2 ot 10
to the December 10,2014 LUDC meeting).
December 10, 2014
The LUDC discussed three proposed draft ordinance amendments (Chapter 6, Chapter 114 and
Chapter 142). Commissioner Malakoff agreed to be the sponsor of the proposed legislation. The
proposed ordinance amendments, while primarily a clean-up and consolidation proposal, did
include some substantive changes (see substantive changes in the Analysis section below), as
well as a number of text changes in order to accommodate the proposed consolidations. After
extensive discussion by the Committee and the public, the LUDC recommended that the City
Commission refer the subject Ordinances (Chapters 6, 114 & 142), including the amendments
discussed, to the Planning Board.
January 14, 2015
The City Commission referred the proposed amendments to Chapters 6, 114 & 142 of the City
Code to the Planning Board (ltem C4H).
Februarv 24, 2015
The Planning Board had a lengthy discussion regarding the proposed ordinances, recommended
further revisions and continued the items to the March 24th, 2015 meeting.
March 24. 2015
The Planning Board discussed the updated ordinances and continued the items to the May 26th,
2015 meeting. The Board requested that Planning Staff meet with affected stakeholders prior to
May 26, 2015.
Aoril 17,2015
Planning staff met with representatives of business interests affected by the proposed legislation,
including a number of Land Use Attorneys.
Mav 11 . 2015
Planning staff met with residents of the Palm View and WAVNA neighborhoods regarding the
proposed legislation
Mav 26. 2015
The Planning Board discussed the item and continued the proposed ordinances to the July 28th,
2015 meeting.
Julv 8.2015
The City Commission removed the subject ordinances from the Planning Board agenda and re-
referred the matter to the Land Use and Development Committee for further discussion.
Julv 29, 2015
The Land Use Committee discussed the item and considered two (2) revised versions of the
legislation:
"Option A": Clarifies and adds definitions in Chapter 1 14, consolidates the code language pertaining
to alcoholic beverage establishments into Chapter 6, clarifies language used in Chapters 6 and 142
in regards to accessory uses and Neighborhood lmpact Establishment thresholds, updates the code
to align it with current state statues and adds new neighborhood compatibility requirements.
28
Commission Memorandum
Dlscussion: Proposed Alcohol Ordinances
January 13,2016 Page 3 o'f 10
"Option 8": New language pertaining to hours of operation for alcoholic beverage establishment
South of Fifth Street.
After discussing the item, the Land Use Committee recommended that Option "B" be removed from
consideration and that Option "A", as slightly modified, be referred to the Planning Board.
September 2, 2015
The City Commission discussed the recommendation of the Land Use Committee to refer the
subject ordinances to the Planning Board. The Commission continued the item to October 14
2015, in order to better evaluate the recommendation of the Land Use Committee.
October 14.2015
The City Commission referred the subject ordinances to the Planning Board (ltem C4A), with
additional language pertaining to 'ambient DJ's". The current sponsor of the proposed Ordinances
is Commissioner Joy Malakoff.
November 24. 2015
The Planning Board discussed the proposed ordinances and continued the item to the December
15,2015 meeting. The Board also recommended further revisions to the legislation, pursuant to
the public discussion.
December 15, 2015
The Planning Board discussed the proposed Ordinance, as revised, and transmitted the legislation
to the City Commission with an 'Unfavorable' recommendation. The Planning Board also
recommended that if the City Commission was to consider approving the Ordinances, that such
approval be limited to those portions of the legislation that are 'clarifications' and 'consolidations'
only.
ANALYS!S
The subject legislation has been pending since January of 2015 when it was first referred to the
Planning Board. The three proposed Ordinances have been reviewed and discussed on multiple
occasions by the Land Use Committee and the Planning Board. The Planning Board has
recommended that the City Commission only consider for approval the non-substantive clarification
and consolidation portions of the proposed legislation.
The Administration expects to notice the proposed Ordinances, which require two public hearings,
fora First Reading public hearing atthe February 10,2016 Commission meeting. Thefollowing is
a summary of those portions of the legislation that consist of new substantive language:
CHAPTER 1 14 (DEFINITIONS):
Modification of Existing Definitions:.Entertainmentestablishmenfmeansacommercialestablishment@
includino, but not limited to. restaurants. bars. halls
for hire. bottle clubs. supper clubs. and alcoholic beveraqe establishments that include
live entertainment, Disc Jockey. patron dancino. and/or recorded entertainment.
Entertainment does not include television, radio and/or recorded background music, played
at a volume that does not interfere with normal conversation, Ambient Disc Jockey and
indoor movie theater operations. Entertainment establishments may not operate between
the hours of 5:00 a.m. and 10:00 a.m., except as provided for under subsection 6-3(3Xb).
29
Commission Memorandum
Discussion: Proposed Alcohol O rdi n ances
January 13,2016 Pase 4 o'f 10
New Definitions:o Ambienf Disc Jockey means a person who plavs recorded music for an audience at
Ambient Volume Level and who generates music usino the sound svstem of the subiect
venue or business. The sound svstem must have an electronic lock. which can be
unlocked onlv bv manaqement of the venue and not bv the Ambient Disc Jockev. which
prevents the volume level of music from beino plaved above Ambient Volume Level.o Amblenf Volume Level refers to music or other sound, whose volume level does not
interfere with normal conversation.. Disc Jockey /abbrevrafed D.J.. DJ or deelay) means a person who plavs recorded music for
an audience, but does not include an Ambient Disc Jockey.. Live enferfarnmenf shall mean and include all shows, live music. qames of sport and
performances of anv kind but shall not include Ambient Disc Jockey or adult
entertainment.. Pafron dancrng shall mean dancinq bv patrons or quests of an establishment or business.o Recorded enferfainmenf means recorded music or recorded vocal entertainment or both,
amplified or non-amplified. but shall not include Ambient Disc Jockev or adult
entertainment.
CHAPTER 6:
Secfion 6-4. Location and use restrictions.(a) Generally. The following location and use restrictions are applicable for facilities selling or
offering alcoholic beverages for consumption:(1) Educational facilities. Otner tnan as oroviA
StafuIes.-xlUo alcoholic beverage ien establishment
seruing less that Sl%
to boftle clubs, shall be located in-+amner+iel-+sq within W 500 feet of any propefty
used as a public or private school eperated fer the instr
iaa-orovided. however. for the followino
exceotions:a. Civic and Convention Center (CCCI district:b. Hospital (HDl district: andc. Within 300 feet of a marina.
The change from a minimum of 300 feet to 500 feet is for consistency with state statute.
Depending upon the language of the state statute, the aforementioned exceptions may need to be
modified.
Sec. 6-5. Patron age restrictions.(a) lt shall be unlavvful for persons under the age of 21 to patronize, visit, loiter, be admifted or
allowed access, in any alcoholic beverage establishment, as defined in_section 114-1 of this Code,
except as hereinafter provided. This restriction shall not apply to:(1) Supermarkets conductinq wine tastinqs upon a premises authorized to sell beer and wine
bv packaqe or for consumption on premises. provided that the conduct of the wine
tastinq shall be limited to and directed toward the qeneral public of the aqe of leqal
consumption.
The proposed language clarifies that supermarkets may have wine tastings.
30
Commission Memorandum
Dlscusslon: Proposed Alcohol Ordinances
January 13, 2016 Pase 5 of 10
Section 6-6. Minimum seats and hotel room reouirements:(!) Variance requests from subsections (11 and (21 above shall not be permitted to exceed 30%o of
the required number of seats.
This proposed modification sets a hard cap on the number of required seats that can be varied
from by the Board of Adjustment.
Section 6-8. Neiqhborhood Compatibilitv Requirements.
Under the provisions of this Chapter. a new Certificate of Use and/or Business Tax Receipt shall
not be issued for anv alcoholic beveraqe establishment, without submiftinq evidence of complvino
with the followino reouirements:
(1) All alcoholic beveraqe establishments shall have a litter abatement prooram. ceftified bv the
Division of Sanitation. Such proqram shall include the followinq items:a. All trash receotacles, excludinq dumpsters. shall be located inside of a structure and shall
be placed in the public rioht-of-wav on pick-up davs onlv:b. All qarbaqe pickups and seruice deliveries shall not take place between 5 p.m. and I a.m.:c. All litter shall be cleared from the site. the adiacent public rioht-of-wav and anv accessoru
parkino lot on a dailv basis:d. The establishment shall sweep the public rioht-of-wav adiacent to the petitioned site and
anv accessorv parkinq lot dailv and shall clean such public riqht-of-wav with a pressure
washinq hose a minimum of once per week.(2) The establishment shall screen anv dumoster used in coniunction with site, which is visible
from the public riqht-of-wav or parkino area with a six-foot opaque fence with qates. No dumoster is
permitted to be placed within the public riqht-of-wav.(3) Equipment and supplies shall not be stored in areas visible from adiacent streets, allevs or
nearbv buildinqs.(4) lf installinq a kitchen. the establishment shall install an exhaust svstem, as reouired bv
Code. that will substantiallv reduce qrease and smoke that would otherwise escape to the
surroundino area. This mav include the installation of a fan in connection with the kitchen exhaust
svstem within the interior of the buildinq in order to reduce noise levels.
The inclusion of this section of the code essentially codifies standards and operational conditions
that have been imposed by the City's land Use Boards (DRB, HPB, Planning Board) for some time.
Section 6-8. Neiqhborhood Compatibilitv Requirements (CONTINUED|.(5) Anv outdoor or rooftop areas permitted to be utilized as part of an alcoholic beveraqe
establishment shall complv with the followinq operational and noise attenuation requirements and
limitations not in contravention of district- specific provisions of the Land Development Reaulations:a. Outdoor bar counters which are within 100 feet of a propertv with a residential use shall
require Conditional Use approval.b. Outdoor bar counters, where permitted. shall not be operated or utilized between midniqht
and 8:00 a.m.: however, for a propeftv with an accessory outdoor bar counter that is within
100 feet of a propertv with a residential use, the accessorv outdoor bar counter mav not be
operated or utilized between 8:00 p.m. and 8:00 a.m.c. No exterior loudspeakers are permitted except those necessaru for fire and life safetv
purposes, unless aoproved pursuant to the Conditional Use Procedures and Review
Guidelines as listed in section 118-191. et seq.:d. All entertainment is prohibited in the exterior spaces of the propertv unless approved
pursuant to the Conditional Use Procedures and Review Guidelines as listed in section
118-191. et seq.:
31
Commission Memorandum
Dlscusslon: Proposed Alcohol Ordinances
January 13,2016 Page 6 of 10
e. Rooftop accessorv bar counters shall require either Desion Review or Historic Preservation
Board approval. as applicable:
t= ln residential districts. rooftop food and beveraoe seruices shall cease no later than 11:00
p.m.. unless hours of ooeration are extended pursuant to the Conditional Use Procedures
and Review Guidelines as listed in section 118-191. et seq.:g- For all alcoholic beveraqe establishments located in residential districts. except the RM-3
zoninq district, onlv tables and chairs shall be permitted at the oround level or first floor.
Anv other tvpe of furniture, includino. but not limited to. sofas. love seats. benches and
picnic tables, shall require the review and approval of the Desiqn Review Board. Historic
Preservation Board. or Plannino Board. as applicable.
This proposed section would expand the review authority of the Planning Board as it pertains to
outdoor and roof-top areas. As it pertains to outdoor bars, the Code currently requires DRB or HPB
approval. Additionally, the following language exists in each zoning district that permits an outdoor
bar:
Accessory outdoor bar counters, provided that fhe accessory outdoor bar counter is not
operated or utilized between midnight and 8:00 a.m.; however, for an accessorv outdoor
bar counter which is adiacent to a propeftv with an apaftment unit. the accessory
outdoor bar counter may not be operated or utilized between 8:00 p.m. and 8:00 a.m.
Section 6-8. Neiohborhood Compatibilitv Req uirements ( CONTI N U EDl.(6) The principal means of inqress and eoress for an alcoholic beveraqe establishment shall be
from a public street or public sidewalk. A public or private allev wav. a private road or a public oark
shall not be permitted as a means of inoress. This shall not be applicable to Lincoln Lane Nofth. or
Ocean Court and Collins Court north of Fifth Street.
This proposed section would require that the principal means of access to an alcoholic beverage
establishment is from the public sidewalk, and not from an alley that may have residences on the
opposite side. Exceptions have been made for Lincoln Lane North, Washington Avenue and the
MXE areas.
CHAPTER 142:
Sec. 142-215. - Prohibifed uses.
Off-premise packaqe sales of alcoholic beveraoes is added to prohibited uses in the RM-2 district.
Sec. 142-245. - Prohibffed uses.
Off-premise packaoe sales of alcoholic beveraqes is added to prohibited uses in the RM-3 district.
Sec. 142-305. - Prohibifed uses.
Ambient disc iockev is added to prohibited uses in the CD-2 district in Sunset Harbor.
Sec. 142-332. - Main permitted uses.
Entertainment establishments has been added to dance halls as being prohibited on Lincoln Road
unless located within a hotel with a minimum of 100 hotel units or also operating as restaurants
with full kitchens and serving full meals and licensed as alcoholic beverage establishments.
Sec. 142-362. - Main permitted uses.
Alcoholic beverase establishments pursuant to the reoulations set forth in Chapter 6 is added to
the main permitted uses in the CCC civic and convention center district.
Sec. 142-363. - Conditional uses.
32
Commission Memorandum
Dlscussion: Proposed Alcohol O rdi nances
January 13, 2016 Page 7 of 10
Conditional use approval for a neiohborhood impact establishment mav be waived bv the Citv
Commission in the CCC, Civic and Convention Center District.
Sec. 142-422. - Main permitted uses.
Alcoholic beveraoe establishments pursuant to the requlations set forth in Chapter 6 have been
added to the main permitted uses in the GU, Government Use District.
Sec. 142-485. Prohibrted uses.
Ambient disc iockevs have been added to the prohibited uses in the l-1 urban light industrial district
Sec. 142-693. Permitted uses ln Performance Standard Districts.o Ambient disc iockeys have been added as a prohibited use south of Fifth Street.. ln the RPS-4 District, accessory outdoor bar counters remain permitted in oceanfront hotels
with at least 100 hotel units in the R-PS4 district, and new language has been added:
provided such oceanfront hotels are not located within 100 feet of a propertv with a
residential use.o ln the CPS-1 ,2,3 & 4 Districts, accessory outdoor bar counters remain a permitted
accessory use, and new language has been added: However, accessory outdoor bar
counters shall not be permitted on a propertv within 100 feet of a propertv with a residential
use
Sec. 142-901 . - General provisions.
Accessory uses sha// comply with the following general provisions:
(2) Accesso4/ uses shall be incidental to and customarily assocrafed with the main permitted use.,
in accordance with the reoulations herein. tn ma4ing the deter
direeter may require the awlieant te previde evidenee that sueh use meets this eriteria, The
ptanning and zen iry
repens anA stuAiee an
This proposed revision clarifies the intent and application of accessory uses and deletes language
that is vague and arbitrary. Additionally, the requirements for, and specific types of accessory uses
permitted are already defined and have been better defined in Sec 142-902.
Sec. 142-901. - General provisions (CONTINUED).
(31 Accessorv uses in residential districts shall complv with the followinq. whether covered or
uncovered:a. ln the RM-1 zoninq district. the floor area of individual accessorv uses. or the total
aqqreqate floor area of multiple accessorv uses. shall not occupv more than twentv e?l
percent of the floor area of the main permitted use.b. ln the RM-2 zonino district. the floor area of individual accessoru uses, or the total
aqqreoate floor area of multiple accessory uses. shall not occupv more than thirtv rc01
percent of the floor area of the main permitted use. The Plannino Board mav allow up to
thirtv-five (35l. percent throuoh the conditional use process.
c. ln the RM-3 zoninq. the floor area of individual accessoty uses. or the total aqareqate floor
area of multiple accessoru uses. shall not occupv more than fortv (401 percent of the floor
area of the main permitted use. The Plannino Board mav allow up to fortv-nine (491
percent throuqh the conditional use orocess.d. Anv outdoor. unenclosed or uncovered accessorv use servino alcohol and located in an
RM-2 district shall require Conditional Use approval.e. The percentaqes contained in this section 142-901 (31 do not include required parkinq.
33
Commission Memorandum
Discusslon: Proposed Alcohol O rdi n ances
January 13, 2016 Page I of 10
The additional language proposed would better quantify the amount of accessory use space
permitted by district. Currently, there is a long standing application that allows accessory uses to
occupy up to 49% of the floor area of a main permitted use. As accessory uses are subordinate to
the main permitted use, the proposed limits would comport with the intended purpose and intensity
of multi-family districts.
Sec. 142-901. - General provisions (CONTINUED).tll + use etner nan ie
eustemarily asseeiated with ene ef the main permitted ases and if the planning and zening
direeter finds that t\e ase eemplies with the betew mandatery eriteria:a, fne use eemptie ie*
O, fne use is eenei*e, That the neeessary safeguards will be previded fer the preteetien ef surreunding preperty,
d, That the publie health; safety; merals and general welfare ef the eemmanity will net be
aaver*ly-a*Ae+e, lt is eensistent with the eemprehensive plan and neighberheed plan if ene exist*
This section is proposed to be deleted as it is vague and arbitrary. Additionally, the requirements
for, and specific types of accessory uses permitted are already defined and have been better
defined in Sec 142-902.
Sec. 142-902. - Permitted accessory uses.
The following are permitted accessory uses.(1) a. Hotels not located in the RM-1 or RM-2 district are permitted to have eny accessory
restaurants, drinkinq establishments. outdoor and sidewalk caf6s, hotel manaqement
offices. and retail uses as in accordance with the requlations herein. as well as accessory
uses customarilv associated with the operation of an apartment buildinq. as specified in
subsection 142-902(21. that is eustemarily a
epe4nent+aildin*b. Hotels located in the RM-2 district are permitted to have a/?y accessory restaurants.
and hotel manaqement offices ase in accordance with the requlations herein. tffi
eustemarily asseeiated with the eperatien ef a hetel er apartment bailding, eu*p+-*r
dpance halls, entertainment establishments, neighborhood impact establishments, outdoor
entertainment establishments or open air entertainment establishments shall be prohibited
in an RM-2 district.
(2) Apartment buildings may have accessory uses based upon the below criteria:
A retail store and / or a caf6 with less than 30 seats mav occupv space on the amenitv level of an
apartment buildino located within a RM-3 district that is onlv open to residents and their ouests.
The modifications proposed for this section better define the specific types of accessory uses
permitted.
DIVISION 6. ENTERTAINMENT ESIABL/SHMENTS AND NEIGHBORHOOD IMPACT
ESTABLISHMENTS
Sec. 1 42-1 361. Definitions.
; big sereen televisien and/er baekgreund musie, amplified er
s net interfere with nermal eenversatien,
34
Commission Memorandum
Dlscusslon: P ropo sed Al coh ol O rd i n a nce s
January 13,2016 Page 9 ot 10
This definition is proposed to be deleted because it overlaps and contradicts with the proposed
definition of 'Entertainment Establishment' in Chapter 114.
Neighborhood impact establishment means:(1) An alcoholic beverage establishment, place of assemblv. or restaurant, not also
operating as an enteftainment establishment or dance hall (as defined in section 114-1), with an
6.000 square feet
or more of oross floor area inclusive of outdoor areas associated with food and beveraqe services:
or(2) An alcoholic beverage establishment, place of assemblv. or restaurant, which is
also operating as an enteftainment establishment or dance hall (as defined in section 114-1), with
an eeeapant eentent 3.500 square
feet or more of oross floor area inclusive of outdoor areas associated with food and beveraqe
servlbes.(3) For purposes of this section. an alcoholic beveraqe establishment shall include multiple
establishments in one buildinq site unless both criteria hl and (bl below are met:a. The alcoholic beveraoe establishments have separate Business Tax Receipts.b. The alcoholic beveraqe establishments are comoletelv self-contained and do not share anv
patron inoress or eoress points.
The proposed revision herein would go from an 'Occupational Load' threshold to a 'Square
Footage' threshold for Neighborhood lmpact Establishments (NlE). The reason for this proposal is
to establish more consistency in terms of the application of NIE thresholds. Specifically, a square
footage based threshold is a much more definable method of establishing a true NIE threshold, as
opposed to an occupational load, which can be artificially adjusted and manipulated. The square
footage thresholds proposed roughly comport with the corresponding previous occupational load
thresholds in most circumstances. lt is also important to note the difference between the fire safety
occupational load and the NIE square footage requirement. This revision would clearly separate
these two issues as one is a Land Development Regulation / zoning threshold and one a state fire
safety requirement.
SUMMARY
The subject legislation and the length of time in the review process showed that there are many
sides to the issues and opinions on this matter. While the proposal was always intended to be a
clarification and consolidation Ordinance, with some substantive changes, it has instead created
an increased lack of consensus among the affected stakeholders.
ln light of the size and complexity of the proposed Ordinance, incorporating additional new text and
modified regulations has proven challenging, particularly from a review standpoint. ln this regard,
the Administration would recommend that all of the substantive portions of the legislation noted
above, save for some minor clean-up text, be excluded from the Ordinance and that it be limited to
the consolidation items, as recommended by the Planning Board. Draft versions of the revised
ordinances, reflecting these changes, are attached. The remaining substantive portions above can
be addressed as a separate referral(s), at the direction of the City Commission.
The Administration would also recommend a separate referral to the Land Use and Development
Committee regarding NIE Thresholds in Section 142-1361. Specifically, additional study is
needed, as a stand-alone item, in order to address conflicts with the Life-Safety Code.
35
Commission Memorandum
Dlscussion: Proposed Alcohol Ordinances
January 13, 2016 Page 10 of 10
GONCLUSION
The Administration recommends the following:
1. The City Commission discuss the matter and provide appropriate policy direction.
2. ln accordance with the Planning Board recommendation, the First Reading version of the
subject Ordinances exclude those sections of the proposed Ordinance noted in the 'Analysis'
section herein, with the exception of the following, which are non-substantive:
. Sec. 142-362. - Main permifted uses.
Alcoholic beveraqe establishments pursuant to the requlations set forth in Chapter 6 is
added to the main permitted uses in the CCC civic and convention center district.
o Sec. 142-363. - Conditional uses.
Conditional use approval for a neiohborhood impact establishment mav be waived bv the
Citv Commission in the CCC, Civic and Convention Center District.
. Sec. 142-422. - Main permitted uses.
Alcoholic beveraqe establishments pursuant to the requlations set forth in Chapter 6 have
been added to the main permitted uses in the GU, Government Use District.
3. A separate discussion be referred to the Land Use and Development Committee regarding the
NIE Thresholds in Section 142-1361, in order to address conflicts with the Life-Safety Code.q[
JLM/SMT/TRM
T:\AGENDA\2016Uanuary\Planning\Alcohol Regs MEMO REVISED Jan Discussion.docx
36
CHAPTER 6 - ALCOHOLIG BEVERAGES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART A . GENERAL
ORDINANCES, CHAPTER 6 "ALCOHOLIC BEVERAGES" OF THE CODE OF
THE CITY OF MIAMI BEACH, TO GONSOLIDATE ALL PROVISIONS
RELATING TO ALCOHOL REGULATION IN ONE CHAPTER OF THE CITY
CODE BY RELOCATING CERTAIN ALCOHOLIC BEVERAGE
ESTABLISHMENT REGULATIONS FROM CHAPTER 142 AND PLACING
THOSE PROVISIONS lN CHAPTER 6; PROVIDING FOR-HOURS OF
OPERATION; LOCATION AND USE RESTRICTIONS; PATRON AGE
RESTRICTIONS; MINIMUM SEATS AND HOTEL ROOMS REQUIREMENTS;
PROVIDING FOR NEIGHBORHOOD COMPATIBILITY REQUIREMENTS;
AMENDING ARTICLE ll, CONDUCT; PROVIDING DEFINITIONS;; PROVIDING
FOR REPEALER; SEVERABILIW; CODIFIGATION; EXCEPTIONS; AND AN
EFFEGTIVE DATE.
WHEREAS, Alcoholic Beverages are addressed in Chapters 6, entitled "Alcoholic
Beverages,"; and
WHEREAS, to ensure that all regulations relating to alcoholic beverages are clear
and concise and in one location of the code that is logical and convenient to user; and,
WHEREAS, the amendment set forth below is necessary to accomplish the
objectives identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CIry OF MIAMI BEAGH, FLORIDA:
SECTION 1. Chapter 6, "Alcoholic Beverages" is amended, as follows:
Section 6-1. Purpose.
To achieve the purposes of this Chapter and to provide for the general welfare and safety of the
public, it is necessary that regulations be established relating to the location, size and hours of
operation, and patron age of uses that permit the sale and consumption of alcoholic beverages.
Section 6-2. Licenses.
(a) No vendor shall sell or distribute any alcoholic beverages without securing a license from
the Florida Division Of Alcoholic Beverages And Tobacco Of The Department Of Business
And Professional Regulation-ef+he-s+a+e ("State License"). A service charge as specified in
Appendix A shall be paid by an applicant requesting the review of an application to the state
for an ahene$e+everage State llicense. The purpose of this charge is to defray the cost to
the City for the verifieatien ef a eerreet
review of the requlations enumerated in herein
Chapter 6, ien and any other zoning inspection
and/or review that may be applicable to the review of such an application.
37
ines_as
Sec. 6-3. Hours of Sale/Violations
(a) The hours of sale of alcoholic beverages, whether as a permitted main or accessory use,
shall require a State License, and shall be according to the following schedule, except as
may be otherwise provided pursuant to subsection (7) (Q.
(1) Retail stores for package sales only - off premises consum. Vendors
in mav
make sales of alcohol onlv for off premises consumption between the hours of 8:00 a.m.andmidnight@.
(2) Retail stores, including grocery, --anC-convenience stores, and gasoline
service/filling stations, either as permitted main er aeeessery uses, which primarily offer
for sale products other than alcoholic beverages may make sales of beer and wine onlv
for off premises consumption -sealed-eentainers-between the hours of 8:00 a.m. andmidnight@.
(3) All alcoholic beveraoe establishments with state licensure Mie
-on premise consumption only, ei+her
ises
eensumptien ef aleehelie beverages within mav make sales of alcohol between the
hours of 8:00 a.m. and 5:00 a.m. en any day ef the week,
a. Restaurants with full kitchen facilities, serving full meals, licensed asalcoholicbeverageestablishments@,butnotoperatingas
dance halls or entertainment establishments, may remain open 24 hours a day;
however, alcoholic beverages may not be offered for sale or on-premises
consumption between the hours of 5:00 a.m. and 8:00 a.m.
b. Restaurants with full kitchen facilities, serving full meals, licensed as
alcoholic beverage establishments (midnight te 5:00 a,m,), and also operating as
dance halls, or entertainment establishments, may remain open 24 hours a day;
however, alcoholic beverages may not be offered for sale or on-premises
consumption between the hours of 5:00 a.m. and 8.00 a.m., and dancing and
entertainmentshall not be conducted between the hours of 5:00 a.m. and 10:00
a.m.
c.otheralcoholicbeverageestablishments@,not
containing restaurants with full kitchen facilities, shall close at 5:00 a.m. and_keep
remain closed. the plaee ef busines alloureny No patron or other
persons, other than those employed by the vendor mgy, -{e-remain on the
premises thereiR-between the hours of 5:00 a.m. and 8:00 a.m.
Nete: Fer purBeses ef this seetien; full kitehen faeilities sl.all mean having eemmereial
ien units ef suffieient size and quantity te
38
ier
state+ede+
(4) Off-premises package sales associated with alcoholic beveraqe establishments
other than retail stores shall be permitted between the hours of 8:00 a.m. and 1{+€Op+- midnioht. fer all establishmente lieensed as aleehelie beverage establishments,
(5) Consideration of a request for a private club Conditional Use permit. includinq the
hours of operation. shall be pursuant to the Conditional Use Procedures and Review
Guidelines as listed in section 118-191 et seq. in
Hours of operation
and the consumption of alcoholic beverages will be considered between the hours of
8.00 a.m. and 5:00 a.m., Monday through Sunday, provided that service is made only to
members and guests of members as provided under the +ursuent-te Florida Statutes.
However, any private club permitted to remain open after 2:00 a.m. shall purehase an
provide for security in its premises by hiring private
security guards or off-duty police officers between the hours of 2:00 a.m. and 5:00 a.m.
each day. Private clubs securing a State Llicense frem the state Divisien ef aleehelie
@bycomplyingwiththerequirementsofFlorida.S!e1gIe's561'20
for racquetball, tennis or golf course facilities may admit members at any time for use of
such facilities, but may not serve alcoholic beverages after 2:00 a.m. each day unlesssuchprivateclubistheholderofanextra-hoursand
complies with the above requirements.
ieense-er
vielatiens may be punished as seeend degree misdemeaners, as previded in F,S, SS
775,882 and775,883,
(6) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until 5:00
a.m. may continue to serve alcoholic beverages (i) until 7:00 a.m. on January 1 (New
Year's Day) or, if January 1 is on a Sunday, until 7:00 a.m. on Monday if the day that is
observed as a national holiday for New Year's Day is on Monday, and (ii) until 7:00 a.m.
during certain major event days or weekends as may be designated by the City
Commission or as may be designated by the City Manager following approval by the City
Commission, under the following conditions:
a. The police department and the code compliance Division of the City must
be notified by a letter, received no later than 15 business days prior to either (a)
January 1 or (b) the day on which alcohol sales are to be extended, stating that
the alcoholic beverage establishment intends to serve alcoholic beverages for
on-premises consumption until 7:00 a.m.;b. lf deemed reasonably necessary by the police chief, or the police chiefs
designee, off-duty police officers must be provided at the alcoholic beverage
establishment until 7:00 a.m.;c. There are no pending City Code violations against the alcoholic beverage
establishment;d. No delinquent or past due monies are owed to the City;
39
e. Outdoor entertainment or open-air entertainment is not allowed;f. No violation of the City's noise ordinance shall be permitted;g. No violation of the approved fire code occupancy load shall be permitted;h. All required City permits and licenses are current;i. The State ef Flerida aleehelie beverage llicense is current; andj. Any other conditions required by the City Manager in order to protect the
public health, safety, or welfare.
A Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until 5:00
a.m. may continue to serve alcoholic beverages until 6:00 a.m. on the first day of
daylight savings time in the spring.
(8) The Citv Manaoer mav suspend the provisions of subsection (6) at anv time to
protect the public health. safetv. or welfare.
(b) ViolafionVSpecral Masfer. Upon a findino bv the special master that a violation of this
section has occurred. the Citv mav initiate proceedinqs to revoke the Certificate of Use.
Business Tax Receipt, or Certificate of Occupancv of the violator. ln addition. this section
mav be enforced and violations mav be punished as second deoree misdemeanors. as
provided in Florida Statutes SS 775.082 and 775.083.
Section 64. Location and use restrictions.(a) Generally. The following location and use restrictions are applicable for facilities selling or
offering alcoholic beverages for consumption:
(2) Places of worship. No alcoholic beverage shall be sold or offered for
consumption in a eemmereial use; exeept in restaurants fer eensumptien en the
p{€m+seq in a alcoholic beveraoe establishment. includinq bottle clubs. within 300 feet of
any property used as a place of worship. except in restaurants operating with full
kitchens and servinq full meals for consumption on the premises.
(5) Filling station. No liquor as defined bv Florida Statute $ 568.01 shall be sold or
offered for consumption on or off the premises of any filling station.
(b) Determination of minimum distance separation.
(1) For purposes of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the main entrance or exit in which the
use associated with alcoholic beverages occurs to the nearest point of the property used
for a public or private school. ln cases where a minimum distance is required between
two uses associated with the alcoholic beverages for consumption on or off the premises
other than a public or private school, the minimum requirement shall be determined by
measuring a straight line between the principal means of entrance of each use.
40
(a)
(2) When a distance separation is required, a scaled survey drawn by a registered
land surveyor shall be submitted attesting to the separation of the uses in question. This
requirement may be waived upon the written certification by the planning anA-*enrng
director that the minimum distance separation has been met.
(c)Variances. Variances to the provisions of this section may be granted pursuant to the
et seq.procedure in section '118-351
Sec. 6-5. Patron age restrictions.
It shall be unlavvful for persons under the age of 21 to patronize, visit, loiter, be
admitted or allowed access, in any alcoholic beverage establishment, as defined in
section 114-1 of this Code, except as hereinafter provided. This restriction shall not
apply to.
(1) Persons employed by or at the alcoholic beverage establishments;
(2) Persons accompanied by either of their parents (natural, adoptive, or
stepparent) or legalguardian (appointed by a court);
(3) Alcoholic beverage establishments also licensed and operating as restaurants,
containing a full kitchen of appropriate size to serve the occupancy load of the
establishment, serving full meals at all times. ln the case of hotels, supermarkets, and
other similar multiuse establishments, this restriction applies only to those areas of the
establishment operating primarily as an alcoholic beverage establishment, and not
also operating as a restaurant asdeseribed-abeve; and
(4) Alcoholic beverage establishments also licensed and operating as motion
picture theaters, subject to compliance with subsection 6-4(a)(4).
Section 6-6. Minimum seats and hotel room requirements:
Vendors shall be permitted to sell alcoholic beveraoes within zoninq districts if such district
permits as a permitted main use or accessorv use one of the followinq: Restaurant, bar,
alcoholic beveraqe establishment. outdoor cafe, private club. hall for hire or qolf clubhouse
pursuant to the followino standards:
() Permitted main uses:
a. Restaurants. alcoholic beveraoe establishments, and private clubs shall
be permitted to sell alcoholic beveraoes for consumption on the premises based
upon the followino: when beer and wine are served a minimum of 30 seats shall
be provided: and when. beer, wine and liquor are served. a minimum of 60 seats
shall be provided.
b. Outdoor cafes, when visible from or facino a public street and associated
with (a) above. shall have a minimum of 20 seats in order to be permitted to sell
alcoholic beveraqes for consumption on the premises.
41
c. Outdoor cafes, when not visible from or on a public street. allev, or wav.
and associated with (a) above. shall have no minimum seatinq requirement and
shall be permitted to sell alcoholic beveraqes onlv for consumption on the
premises.
d. Golf clubhouse located on a oolf course shall be oermitted to sell
alcoholic beveraoes onlv for consumption on the premises.
tA Accessory uses. Hotels. apartment-hotels. or apartments. when permitted under
Chapter 142. shall be permitted to have accessorv uses on site. which sell alcoholic
beverages pursuant to the followinq minimum standards:
a. Restaurants. alcoholic beveraoe establishments. and private clubs shall
be permitted to sell alcoholic beveraoes for consumption on the premises based
uoon the followinq: when beer and wine are served a minimum of 30 seats shall
be provided: and when. beer. wine and liquor are served. a minimum of 40 seats
shall be provided.
b. Outdoor cafes when visible from a public street which have a minimum of
20 seats are permitted to sell alcoholic beveraqes for consumption onlv on the
premises.
c. Outdoor cafes when not visible from a public street. alley. or wav. shall
have no minimum seatino requirement and shall be permitted to sell alcoholic
beveraqes onlv for consumption on the premises.
d. Golf clubhouse: when located on a oolf course. the sale of alcoholic
beveraqes is permitted onlv for consumption on the oremises.
e. Hotels. when requestino a "S" Class State License shall be required to
demonstrate that thev complv with all applicable Florida Statutes.
Section 5-7. Exemptions.(a) Notwithstandinq anv other provision of this Chapter. the sale of beer for off-premises
consumption bv a vendor licensed bv the State shall be exempt from the reoulations in Section
64, and Section 6-6. However. the sale bv such vendor of alcoholic beveraoes other than beer
and of beer for on-premises consumption shall be conducted in accordance with the provisions
of Section 6-6.
(b) Nothinq herein shall be construed to restrict sales of alcoholic beveraoes in the Civic and
Convention Center District or Government Use Districts.
ARTICLE II. CONDUCT
Section. 6-36. Definitions.
The following words, terms and phrases, when used in this a#iele Chapter, shall have the
meanings ascribed to them in this section or if not defined in this Chapter, the meaninq ascribed
to them in Chapters 114 and 142, except where the context clearly indicates a different
meaning:
42
A/coholic beverage sa/es-On premises means the sale of beveraqes in open containers for
consumption on the premises only.
A/coholrc beveraqe sa/es-Packaoe means the sale of beveraqes in sealed containers for
consumption off the premises.
Ful/ kifchen faclrties means having commercial grade burners, ovens and refriqeration units of
sufficient size and quantitv to accommodate the occupancy content of the establishment. Full
kitchen facilities must contain grease trap interceptors, and meet all applicable Citv, countv and
state codes.
PrimarTv means that more than fiftv (50) percent of the floor area of a retail establishment shall
be dedicated to the sale of alcoholic beveraqes. And in the instance of a restaurant, at least
fiftv-one (51) percent of the qross income of the restaurant must be derived from the sale of
prepared food and non-alcoholic beverages.
Schoo/ means a facilitv providinq a curriculum of elementarv and secondary academic
instruction, includinq kinderqartens, elementarv schools, iunior hiqh schools, hiqh schools and
comparable private schools.**
Section 6-37. Violations and penalties.
Upon a finding by the appropriate administrative official or agency that a violation of this article
has occurred, the City shall initiate proceedings to revoke the Business Tax Receipt, Certificate
of Use, eeeupatienat+ieense or Certificate of Occupancy, whichever is appropriate. Additionally,
this article may be enforced and violations may be punished as follows:
SEGTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before December 15, 2015, inclusive of hours of operation
specified in the Land Use Board's final order, and shall not apply to any business that has
received a business tax receipt on or before December 15, 2015. A business tax
43
receipt that is issued in connection with an annual renewal of such business tax receipt
or in connection with a change in the name of the licensee relating to such business tax
receipt shall not be deemed to be issued after December 15,2015 for purposes of this
ordinance if the original business tax receipt for such business was issued before such
date.
SEGTION 6. EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED and ADOPTED this day of 2016.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading: February _,2016
Second Reading: March _,2016
Verified by.
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
Strike+nreugh denotes removed language
T:\AGENDA\2016Uanuary\Planning\Alcohol Regs Ch 6 ORD REVISED Jan Discussion.docx
44
CHAPTER 114 _ DEFINITIONS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART B . LAND DEVELOPMENT
REGULATIONS, CHAPTER 114 "GENERAL PROVISIONS" , AMENDING
SECTION 114.1, DEFINITIONS, BY MODIFYING AND ADDING DEFINITIONS
TO CLARIFY ALCOHOLIG BEVERAGE AND USE REQUIREMENTS OF THE
CODE OF THE CITY OF MIAMI BEACH, PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; EXGEPTIONS; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 114 of the City Code, entitled "General Provisions," provides
definitions; and
WHEREAS, to ensure that the all the definitions are clear and concise and are located in
one area of the code that is logical and convenient to the user; and
WHEREAS, the amendment set forth below is necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 114, entitled "General Provisions" is amended, as follows:
Sec. 114-1. Definitions.(a). lnterpretation of terms or words.
For the purpose of this chapter, certain terms or words used in this chapter shall be interpreted
as follows:
i. The word "shall" is alwavs mandatory and the word "mav" is permissive.
ii. The words "used" or "occupied" include the words intended, designed or
arranoed to be used or occupied.iii. The sinqular number includes the plural and the plural the sinoular, unless the
context clearlv indicates the contrarv.iv. Words and terms not defined herein shall be interoreted in accord with their
normal dictionarv meaninq and customarv usaqe.
tbL The following words, terms and phrases when used in this Subpart B or Chapter 6 of
Subpart A, shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Apartment hotel means a building containing both apartment units and hotel units, with
at least 25% beinq apartment units, @isien,. and having an inner lobby
through which all tenants must pass to gain access. Apartment Hotel uses mav contain suite
hotel units.
45
BarmeansanalcoholicbeverageestablishmentwhichM
restaurant' danee hall er entertainment establishment, derives a minimum of 51 percent of qross
revenue from the sale alcoholic beveraqes.
Boffle c/ub means a commercial establishment, operated for a profit, whether or not a
profit is actuallv made, wherein patrons consume alcoholic beveraqes brouqht onto the
premises and not sold or supplied to the patrons bv the establishment, whether the patrons
brino in and maintain custodv of their own alcoholic beverages or surrender custodv to the
establishment for dispensinq on the premises.
Eusrness fax means the fees charqed and the method bv which the Citv qrants the
privileoe of engagino in or managing anv business, profession. or occupation within the City's
iurisdiction (formerlv known as an occupational license).
Certificateofuse(CU)meansadocumentissuedbythe
eede-eemptianee City allowing the use of a building and certifying that the use is in compliance
with all applicable City codes, regulations and ordinances.
Food servlce esfab/rshmenf includes but is not limited to anv restaurant. bakerv, bar,
bistro, caf6, coffee shop, cafeteria, delicatessen. ice cream parlor, lounoe. niqhtclub. pub,
tavern. private, public, or nonprofit orqanization or institution routinelv servino food, caterinq
kitchen, commissarv or similar place in which food or drink is prepared for sale or for service on
the premises or elsewhere, and anv other eating or drinkinq establishment or operation where
food is served or provided for the public with or without charoe.
Ful/ cookrnq facflrties. resrdenfral and suife hofels shall mean havino burners, ovens and
refriqeration units. Cookinq facilities in units of less than 550 square feet shall be limited to one
microwave oven and one five-cubic-foot refriqerator except historic district suites hotels or
apartments mav have full cookino facilities in units with a minimum of 400 square feet.
Ful/ kitchen facfltties. commercral shall mean havinq commercial orade burners. ovens
and refriqeration units of sufficient size and quantitv to accommodate the occupancv content of
the establishment. Full kitchens must contain orease trap interceptors. and meet all applicable
Citv. countv and state codes.
Hal/ for hire means an establishment which rents space. and mav provide tables. chairs.
caterino, decor, sound svstems. or other services in order to hold or host a private event.
Loadrno. off-sfreef means a loadinq space located on private propertv outside of anv
street riqht-of-wav or easement and desioned to accommodate the temporary parking of
vehicles used for bulk pickups and deliveries.
46
O66sBaf,'enal /,6ense
@
Office. business or professional means an establishment offering services or knowledge
to the business communitv or to individuals, but excludinq a medical office. Such activities
would include but are not limited to accountinq, brokeraqe. insurance, advertising. emplovment
services, real estate services, lawver and architect.
Office. medical means a licensed establishment offerinq medical services and
knowledqe to the communitv or individuals. Such activities mav include but shall not be limited
to phvsician, dentist. psvcholooist, chiropractor, mental health therapist and phvsicaltherapists.
Operafor means the person who conducts. manaqes, maintains or controls, either
directlv or indirectlv, anv business or commercial establishment.
Personal service use means an establishment that provides services such as
barbershops. beautv salons, tailor, shoe repair shops, drv cleanino. banks and financial service
institutions.
P/ace of Assemb/v means an establishment that mav have fixed seatins that is not used
for retail sales and service. restaurant. office or hotel. and mav include a "hall for hire" use
whether for a private event or a public event.
ere++ne-premises
Resfauranf. Cafefena means a food service establishment characterized tvpicallv bv the
selection of prepared food items bv customers as they move in a line in front of the individual
food items or selected from an open self-serve area. An individual menu is not normally
provided and food items are tvpicallv placed on the customer's plate or packaqed bv restaurant
emplovees or the customer. The food items are transported to adioininq tables bv the
customer.
Resfauranf. sfandard means a food service establishment whose principal business is
the sale of foods and beveraqes to the customer in a readvto-consume state, and where
customers are normally provided with an individual menu. are served their food or beveraqes on
non-disposable service ware bv a restaurant emplovee at a table or counter for consumption.
Resfauranf. fake-ouf means a food service establishment whose principal business is
the sale of foods and beveraqes to the customer in a readv-to-consume state for carrv-out with
consumption off the premises. and which has all of the followinq characteristics:
(a) Food items are served primarilv in paper, plastic or other disposable containers.
(b) The restaurant orovides rapid customer service bv preparino the menu items in
advance of the customer's order or bv havino the items in a readv-to-assemble condition.
RefatT esfab/ishmenf means anv store. merchant or orqanization sellino merchandise to
the qeneral public.
47
Schoo/ means a facilitv providinq a curriculum of elementarv and secondary academic
instruction. includinq kinderoartens. elementarv schools. iunior hioh schools. hiqh schools and
comparable private schools.
issive=
Supper c/ub means a standard restaurant havinq a minimum enclosed
dininq/entertainment area of 4,000 square feet and providino entertainment. but not adult
entertainment. The dininq/entertainment area shall be composed of restaurant tables and
seatino and an entertainment staqe area and/or dance floor. The dininq area must occupv a
minimum of fiftv (50) percent of the oross floor area of the establishment. A supper club must
provide full and continual food service throuohout the periods of its operation. No more than
twentv (20) percent of the seating area. mav be removed to accommodate special
performances.**
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABIL!TY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXGEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before November 24,2015, and shall not apply to any business
that has received a business tax receipt on or before November 24, 2015. A business tax
receipt that is issued in connection with an annual renewal of such business tax receipt or in
connection with a change in the name of the licensee relating to such business tax receipt shall
not be deemed to be issued after November 24, 2015 for purposes of this ordinance if the
original business tax receipt for such business was issued before such date.
SECTION 6. EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
48
PASSED and ADOPTED this day of
ATTEST:
CITY GLERK
2016.
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading: February _,2016
Second Reading: March _,2016
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+rife$reugh denotes removed language
T:\AGENDAVOl6Uanuary\Planning\Alcohol Regs Ch 114 ORD REVISED Jan Discussion.docx
49
CHAPTER 142_ ZONING DISTRICTS AND ALGOHOLIC BEVERAGES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICTS
AND REGULATIONS;" ARTICLE l!, "DISTRICT REGULATIONS", DIVISION 3,..RESIDENTIAL MULTIFAMILY DISTRICTS" DIVISION 4, "CD-l
COMMERCIAL, LOW INTENSIW DISTRICT" DIVISION 5, "CD.2
COMMERCIAL, MEDIUM INTENSITY DISTRICT" DIVISION 6, "CD-3
COMMERGIAL, HIGH INTENSITY DISTRICT'' DIVISION 7, "CCC CIVIC AND
CONVENTION CENTER DISTRIGT'' DIVISION 8, "GG GOLF COURSE
DISTRICT" DIVISION 9, "GU GOVERNMENT USE DISTRICT" DIVISION 10,..HD HOSPITAL DISTRIGT" DIVISION 11,"1.1LIGHT INDUSTRIAL DISTRICT"
DIVISION 12, "MR MARINE REGREATION DISTRICT;" DIVISION 13, "MXE
MIXED USE ENTERTAINMENT DISTRIGT;" DIVISION 16, "WD-l
WATERWAY DISTRICT" DIVISION 17, "WD.z WATERWAY DISTRICT"
DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT,'' TO DELINEATE
ALL ALCOHOLIG BEVERAGE ESTABLISHMENTS AS RELATED MAIN
PERMITTED, GONDITIONAL, AND PROHIBITED USES BY ZONING
DISTRIGT; MODIFYING CHAPTER 142, ARTICLE V, "SPECIALIZED USE
REGULATIONS," TO DELETE DIVISION 4, AND SECTION 143.1301,
ENTITLED "PERMITTED DISTRICTS; STRIKING ALCOHOL REGULATIONS
RELATING TO HOURS OF OPERATION, MINIMUM SEAT AND HOTEL
ROOMS FROM CHAPTER 142 "ZONING DISTRICTS AND REGULATIONS",
ARTICLE II "DISTRICT REGULATIONS," DIVISION 20 "TC NORTH BEACH
TOWN CENTER DISTRICTS," AT SECTION 142-736; AND MODIFYING
CHAPTER 142, ARTICLE V "SPECIAL USE REGULATIONS," AT DIVISION 4..ALCOHOLIG BEVERAGES," BY STRIKING SECTIONS 142.1302 AND 142.
1303; AMENDING CHAPTER 142, DIVISION 6, "ENTERTAINMENT
ESTABLISHMENTS" TO MODIFY AND CLARIFY DEFINITIONS
REGULATIONS RELATING ENTERTAINMENT ESTABLISHMENTS AND
NEIGHBORHOOD IMPACT ESTABLISHMENTS; BY AMENDING THE
NEIGHBORHOOD IMPACT ESTABLISHMENT THRESHOLD
REQU!REMENTS; PROVIDING FOR REPEALER; SEVERABILITY;
GODIFICATION; EXCEPTIONS; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes specialized use regulations that address alcoholic beverages; and
WHEREAS, Chapter 6 of the City Code entitled "Alcoholic Beverages", which regulates
the hours of operation of and size of such establishments; and
WHEREAS, Chapter 142 shall be amended to ensure that each districts lists whether
alcoholic beverage establishments are permitted, not permitted or conditional uses; and
WHEREAS, to ensure that all regulations relating to alcoholic beverages are clear,
concise and in one location of the code that is logical and convenient to the user; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
50
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA:
SECTION 1.That Chapter 142, "Zoning Districts and Regulations" is amended, as follows:
DIVISION 3. . RESIDENTIAL MULTIFAMILY DISTRICTS
Subdivision lV. - RM-2 Residential Multifamily, Medium lntensity
Sec.142-2{4. - Accessory uses.
The accessory uses in the RM-2 residential multifamily, medium intensity district are as required
in article lV, division 2 of this chapter and uses-that-serye alcoholic beverage+es'lgblshments
Pursuant to the
requlations set forth in Chapter 6. RM-2 properties within the Palm View, or West Avenue
corridors may not have accessory outdoor entertainment establishments. Notwithstanding the
foregoing, a property that had a legal conforming use as of May 28,2013, shall have the right to
apply for and receive special event permits that contain entertainment uses.
Subdivision V. - RM-3 Residential fVluftitaml,* ,,nr, lntensity
Sec.142-244. - Accessory uses.
The accessory uses in the RM-3 residential multifamily, high intensity district are as follows:
(2) lJses+ha++en+e-a Alcoholic beveragee establishments is
pursuant to the requlations set forth in Chapter 6.
(3) Accessory outdoor bar counters, pursuant to the requlations set forth in Chapter 6. provided
that the accessory outdoor bar counter is not operated or utilized between midnight and 8:00
a.m.; however, for an accessory outdoor bar counter which is adjacent to a property with an
apartment unit, the accessory outdoor bar counter may not be operated or utilized between 8:00
p.m. and 8:00 a.m.
(4) Oceanfront hotels with at least 100 hotel units may operate and utilize an accessory outdoor
bar counter, notwithstanding the above restriction on the hours of operation, provided the
accessory outdoor bar counter is (i) located in the rear yard, and (ii) set back 20 percent of the
lot width (50 feet minimum) from any property line adjacent to a property with an apartment unit
thereon.
Sec.142-245. - Prohibited uses.
The prohibited use in the RM-3 residential multifamily, high intensity district is accessory
outdoor bar counter, except as provided in Section 142-244.;# -andJEor properties located
within the West Avenue Corridor, hotels and apartment-hotels, except to the extent preempted
51
by Florida,_S,1a!U!e_9 S 509.032(7), and unless a legal conforming use. Properties that
voluntarily cease to operate as a hotel for a consecutive three-year period shall not be permitted
to later resume such hotel operation. Without limitation, (a) involuntary hotel closures due to
casualty, or (b) cessation of hotel use of individual units of a condo-hotel, shall not be deemed
to be ceasing hotel operations pursuant to the preceding sentence.
DIVISION 4. . CD.1 COMMERGIAL, LOW INTENSITY DISTRICT
Sec. 142-272. - illatn permitted uses.
The main permitted uses in the CD-1 commercial, low intensity district are commercial uses;
apartments; bed and breakfast inn (pursuant to sSection 142-1401); religious institutions with an
occupancy of 199 persons or less, qnd uses{hat+ente alcoholic beverages establishments as
oursuant to the
requlations set forth in Chapter 6.
DIVISION 5. CD.2 COMMERCIAL, MED!UM INTENSITY DISTRICT
Sec. 142-302. - Main permitted uses.
The main permitted uses in 'the CD-2 commercial, medium intensity district are commercial
uses; apartments; apartmenUhotels; hotels; religious institutions with an occupancy of 199
persons or less snd uses-thatse,q*e alcoholic beverages establishments @
divisien I ef this ehapter; pertainingtealeehelie beverages (aleeheliebeverages) pursuant to
the requlations set forth in Chapter 6.
Sec. 142-304. - Accessory uses.
The accessory uses in the CD-2 commercial, medium intensity district are as required in article
lV, division 2 of this chapter; and accessory outdoor bar counters, pursuant to the requlations
set forth in Chapter 6. provided that the accessory outdoor bar counter is not operated or
utilized between midnight and 8:00 a.m.; however, for a propertv an accessory outdoor bar
counter which is adjacent to a property with an apartment unit, , the accessory outdoor bar
counter may not be operated or utilized between 8:00 p.m. and 8:00 a.m.
Sec. {42-305. - Prohibited uses.
The prohibited uses in the CD-2 commercial, medium intensity district are accessory outdoor
bar counters, except as provided in this divisien Article lV, Division 2 of this chapter and in
Chapter 6. Except as otherwise provided in these land development regulations, prohibited
uses in the CD-2 commercial medium intensity district in the Sunset Harbour Neighborhood,
generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard, also include
alcoholic beverage establishments (not also operating as a full restaurant with a full kitchen,
serving full meals); dance halls; entertainment establishments; outdoor entertainment
establishment; neighborhood impact establishment; and open air entertainment establishment.
DIVISION 6. . CD.3 COMMERCIAL, HIGH INTENSITY DISTRICT
Sec. 142-332. - Main permitted uses.
The main permitted uses in the CD-3 commercial, high intensity district are commercial uses;
apartments; apartmenUhotels; hotels, alcoholic beveraqe establishments pursuant to the
52
requlations set forth in Chapter 6, and religious institutions with occupancy of 199 persons or
less.
ire
preventie+-an4 safety eedes and if it i+ a histerie strueture the U,S, Seeretary ef the lnterier
. Offices are
prohibited on the ground floor on that portion of Lincoln Road which is closed to traffic, unless
the office area is located in a mezzanine, or at least 75 feet back from the storefront; also
apartments, apartment/hotels and hotels located on that portion of Lincoln Road shall comply
with section 142-335. Dance halls (as defined in section 114-1 of this Code) not also operating
as restaurants with full kitchens and serving full meals and licensed as alcoholic beverage
establishments are prohibited on properties having a lot line adjoining Lincoln Road, from the
Atlantic Ocean to Biscayne Bay, unless the dance hall is located within a hotel with a minimum
of 100 hotel units.
Sec. 142-334. - Accessory uses.
The accessory uses in the CD-3 commercial, high intensity district are as follows:
(1) Those uses permitted in Article lV, Division 2 of this chapter.
(2) Accessory outdoor bar counters, pursuant to the requlations set forth in Chapter 6. provided
that the accessory outdoor bar counter is not operated or utilized between midnight and 8:00
a.m.; however, for an accessory outdoor bar counter which is adjacent to a property with an
apartment unit, , the accessory outdoor bar counter may not be operated or utilized between
8:00 p.m. and 8:00 a.m.
the
Sec. 142-335. - Prohibited uses.
The prohibited uses in the CD-3 commercial, high intensity district are pawnshops; secondhand
dealers of precious metals/precious metals dealers; and accessory outdoor bar counter, except
as provided in this divisien Article lV, Division 2 of this chapter and in Chapter 6.
DIVISION 7. CGC CIVIC AND CONVENTION CENTER DISTRICT
Sec. 142-362. - Main permitted uses.
The main permitted uses in the CCC civic and convention center district are parking lots,
garages, performing arts and cultural facilities; hotel; alcoholic beveraqe establishments
pursuant to the reoulations set forth in Chapter 6, merchandise mart; commercial or office
development; landscape open space; parks. Any use not listed above shall only be approved
after the City Commission holds a public hearing. See section 142-367 for public notice
requirements.
53
Sec. 142-363. - Conditional uses.
Conditional use approval for a neiqhborhood impact establishment mav be waived bv the Citv
Commission, otheruvise Tthere are no conditional uses in the CCC, Civic and Convention Center
District
DIVISION 8. . GC GOLF COURSE DISTRICT
Sec. 142-394. - Accessory uses.
The accessory uses in the GC golf course district are as required in article lV, division 2 of this
chapter and the sale or distribution of alcoholic beveraqes pursuant to the reoulations set forth
in Chapter 6.
DIVISION 9. , GU GOVERNMENT USE DISTRICT
Sec. 142422. - Main permitted uses.
The main permitted uses in the GU-Government Use District, are government buildings and
uses, including but not limited to parking lots and garages; parks and associated parking;
schools; performing arts and cultural facilities; alcoholic beveraqe establishments pursuant to
the requlations set forth in Chapter 6. monuments and memorials. Any use not listed above
shall only be approved after the city commission holds a public hearing. See subsection 142-
425(e) for public notice requirements.
DIVISION 10.. HD HOSPITAL DISTRICT
Sec. 142452. - Permitted uses.
ln the HD, Hospital District, no land, water or structure may be used, in whole or in part, except
for one or more of the following permitted uses. Permitted uses that sell, serve er etl.erwise
latiens
The sale of alcohol within the HD shall be requlated
pursuant to the requirements of Chapter 6.
,.**
DIVISION 11.'.1 LIGHT !NDUSTRIAL DISTRICT
Sec. 142482. - Main permifted uses.
The main permitted uses in the l-1. Urban Light lndustrial District, are those uses that are
consistent with the district purpose including the following:
54
13) Commercial uses that provide support services to the light industrial uses and to
the adjacent RM-3 residents, including but not limited to retail sales, photocopying,
coffee shop, stanCed restaurant, alcoholic beverage establishments pursuant to the
reoulations set forth in Chapter 6 . video rental, bank;
DIVISION 12. . MR MARINE RECREATION DISTRICT
Sec. 142-514. - Accessory uses.
The accessory uses in the MR. Marine Recreation District, are as required in article lV, division
2 of this chapter. Accessory uses in this district shall be any use that is customarily associated
with a main permitted use; includinq but not limited to-and alcoholic beveraqe establishments
pursuant to the requlations set forth in Chapter 6.
DIVISION 13. - MXE MIXED USE ENTERTAINMENT DISTRICT
Sec. 142-543. - Accessory uses.
The accessory uses in the MXE. Mixed Use Entertainment District, are as follows.
(l) Those uses permitted in Article lV. Division 2 of this chapter.
@
(Q Uses that serve alcoholic beverages are also subject to the regulations e+a*+enf4+iveien
(Q Accessory outdoor bar counters, pursuant to the requlations set forth in Chapter 6, provided
that the accessory outdoor bar counter is not operated or utilized between midnight and
8:00 a.m.; however, for an accessory outdoor bar counter which is adjacent to a property
with an apartment unit, the accessory outdoor bar counter may not be operated or utilized
between 8:00 p.m. and 8:00 a.m.
(^) neeessery eutAo
(!) Oceanfront hotels with at least 100 hotel units may operate and utilize an accessory outdoor
bar counter, notwithstanding the restriction on the hours of operation, set forth in subsection (1)
of this section, provided the accessory outdoor bar counter is located in the rear yard and set
back 20 percent of the lot width (50 feet minimum) from any property line adjacent to a property
with an apartment unit thereon.
Sec. 142-546. - Additional restrictions for lots fronting on Ocean Drive, Ocean Terrace
and Gollins Avenue.
ln the MXE, Mixed Use Entertainment District, permitted uses in existing buildings at the time of
adoption of this section with two stories or less fronting on Ocean Drive or Ocean Terrace and
any building fronting on Collins Avenue from Sixth Street to 16th Street shall comply with the
following:
55
(2) Su€h-IXe_buildings may contain offices ,
retail,
establishments and residential uses or any combination thereof. Medical and dental
office shall be prohibited uses in the MXE districts. Commercial uses located above
the ground floor shall only have access from the interior of the building; no exterior
access shall be permitted, unless a variance from this requirement is granted.
DIVISION 16. . WD.l WATERWAY DISTRICT
Sec. 142-634. - Accessory uses.
The accessory uses in the WD-'l. Waterway District, are as required by Article lV, Division 2 of
this Chapter and as delineated I
DIVISION 17. . WD.z WATERWAY DISTRICT
Sec. 142-664. -Accessory uses.
The accessory uses in the WD-2, Waterway District. are as required in Article lV, Division 2 of
this Chapter and as delineated i
DIVISION 18. PS PERFORMANCE STANDARD DISTRICT
Sec. 142-693. Permitted uses.
(i) Notwithstanding the uses permitted in (a) and (d) above, in all districts except GU,
government use district, no alcoholic beverage establishment, or restaurant, may be
licensed or operated as a main permitted, conditional, or accessory use in any open
area above the ground floor (any area that is not included in the FAR calculations)
located south of Sth Street. Except that:
(1) Outdoor restaurant seating, not exceeding 40 seats, associated with indoor venues
may be permitted in the areas described in this subsection (i) before 8:00 p.m. with
no background music (amplified or nonamplified).
(2) No commercial activity may be permitted on areas as described in this subsection (i)
between the hours of 8:00 p.m. and 10:00 a.m.
(3) Nothing herein shall prohibit residents of a multifamily (apartment or condominium)
building, or hotel guests and their invitees to use these areas as described in this
subsection (i), which may include a pool or other recreational amenities, for their
individual, personal use.
Variances from this subsection (i) shall not be permitted. Special events shall not be
permitted in the areas described in this subsection (i).
56
O ln districts that allow commercial and hotel uses above, alcoholic beveraqe establishments
are permitted pursuant to the requlations set forth in Chapter 6, but not in contravention of
section (i) herein.
DIVISION 20. . TC NORTH BEAGH TOWN "'*'=* DISTRIGTS
Sec.142-736. Main permitted uses, Conditional Uses, accessory uses, and prohibited
uses.(a) Land uses in the TC-1, Town Center Core District shall be regulated as follows:
(1) The main permitted uses in the TC-1 District are commercial uses; alcoholic
beveraqe establishments pursuant to the requlations set fofth in Chapter 6;
apartments; apartments/hotels; hotels. The ground story frontage along 71st Street
and Collins Avenue shall be governed by subseclion 142-737(c). The provisions ofchapter6@concerningdistanceseparationforconsumptionof
alcoholic beverages on-premises in restaurants shall not apply to this district.
(3) The accessory uses in the TC-1 District are those uses permitted in Article lV,
Division 2 of this Chapter; alcoholic beveraqe establishments and accessorv outdoor
bar counters pursuant to the requlations set forth in Chapter 6. and accessory outdoor
bar counters, provided that the accessory outdoor bar counter is not operated or
utilized between midnight and 8:00 a.m.; however, accessory outdoor bar counters
located within 100 feet of an apartment unit may not be operated or utilized between
8:00 p.m. and 8:00 a.m.
(c) Land uses in the TC-3 Town Center Residential Office District shall be regulated as
follows:
(2) The Conditional Uses in the TC-3 District are hotel, adult congregate living
facility; day care facility; nursing home; religious institutions; private and public
institutions; schools; and commercial or noncommercial parking lots and garages (with
accessory commercial uses) in accord with subsection 130-68(9).
a. ln areas designated TC-3(c) on the zoning map, the following uses may
be permitted as Conditional Uses in addition to the uses in paragraph (2)
above: neighborhood-oriented retail and services uses, limited to 2,500 square
feet or less per establishment, located on the ground floor of buildings. Such
neighborhood-oriented retail and service uses shall be limited to antique
stores; artlcraft galleries; artist studios; bakery or specialty food stores; barber
shops and beauty salons; coffee shop or juice bar; dry cleaner or laundry with
off-site processing (dry cleaning receiving station); newspapers, magazines
and books; photo studio; shoe repair; tailor or dressmaker; and food service
establishments with 30 seats or less (including outdoor cafe seating) pursuant
to the requlations set forth in Chapter 6. with alcohol limited to beer and wine
and closing no later than 12 midnight subject to limitations established in the
Conditional Use process. ln addition, full service restaurants serving alcoholic
57
beverages pursuant to the requlations set forth in Chapter 6 er qnglwith 30
seats or more may be permitted only on waterfront properties with a publicly
accessible waterfront walkway in the area located south of 71st Street.
(Q The accessory uses in the TC-3 district are those uses customarily associated
with the district purpose, as set forth in article lV, Division 2 of this Chapter, except
that hotels may have accessory uses based upon the criteria below:
g Hotels in the TC-3(c) district may include accessory restaurants or4ars
alcoholic beveraqe establishments pursuant to the requlations set forth in
Chapter 6 when approved as part of the Conditional Use. Such accessory
restaurants or bars that serve alcohol shall be limited to a maximum of 1.25
seats per hotel or apartment unit for the entire site. The patron occupant load,
as determined by the planning director or designee, for all accessory
restaurants and M alcoholic beveraqe establishments on
the entire site shall not exceed 1.5 persons, per hotel and/or apartment unit.
For a hotel or apartment property of less than 32 units, the restaurant or bar
may have a maximum of 40 seats in the aggregate on the site. The number of
units shall be those that result after any renovation. Accessory restaurants and
bars shall be permitted to sell alcoholic beverages for consumption only on the
premises and shall be limited to closing no later than 12 midnight subject to
limitations established in the Conditional Use process.
ARTIGLE V. - SPECIALIZED USE REGULATIONS
DIVISION 4, ATEOHOHE BEVERAGES
See 142 1301- PernitteC distriete-
Vendere may be permitted te sell er distribute aleehelie beverages, either fer
(1) RM 2 multiple family, medium inteneity,
ffiffi
(1 l) R PS3 residential mediurnhigh density,
(16) G PS1 eemmereial limited mixed use,(17) C PS2 eemmereialgeneralmixed use,
58
(18) C PS3 eemmereial intensive mixed use,(19) C PS I eemmereialintensive phased bayside,
iee
Venders ehall be permitted te sell aleehelie beveragee within the zening distriet+lieted in ^^d;^^t lZ tagt itsuen el in+
win_aw
te eell aleehelie beverages fer eensumptien en the premiees based upen the fellewing;
when beer and wine are served a minimum ef 30 seats ehall be previded; and when,
premises=
e, eutdeer eafes; when net vislble frem er en a publie street, alley, er way, shall have ne
ragee enly fer
@ises=
is
permi$eC-en{yJer eensum Btien en the prern ises,
ing-€
in the
es Bursuant
ises-
b, Outeleer eafee w inimurn ef ^0
ises'
e' Outdeer eafes when net visible frem a publie street' alley, er way, shall have ne
I alcehelic beyerages enly fer
@ises,
is
Bermi@ptien en the premises,
(3) f4eeessety gsee whr'eh se// a/eehelie beverages,/Aeeessery uses whieh sell aleehelie
regulatiens
in seetien 112 746,
10
59
@ie+
(a) Netwithstandhg any ether previsien ef this Divisien, the sale ef beer fer eff premieee
eensumptien by a vender lieensed fer sueh sale frem that leeatien by the Divisien ef aleehelie
premi d in aeeerdanee with the previsiene ef seetiens and
142 1302,
(b) Nething herein shall be eenstrued te restriet sales ef aleehelie beverages in the eivie and
eenventien eenter distriet er gevernment use distriet,
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILIW.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before December 15.2015, and shall not apply to any business
that has received a business tax receipt on or before December 15, 2015. A business tax
receipt that is issued in connection with an annual renewal of such business tax receipt or in
connection with a change in the name of the licensee relating to such business tax receipt shall
not be deemed to be issued after December 15, 2015 for purposes of this ordinance if the
original business tax receipt for such business was issued before such date.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2016.
11
MAYOR
60
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading: February _,2016
Second Reading: March _,2016
Verified by:
Thomas R. Mooney, AICP Planning Director
Underscore denotes new language
S+ike+nreugh denotes removed lang uage
T:\AGENDA\2O 1 6Uan uary\Planning\Alcohol Regs Ch 1 42 ORD REVISED Jan Discussion.docx
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,iiri lAl",r\iBf ACH
OFFICE OF THE CIry MANAGER
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: January 11,2016
SUBJECT: SUPPLEMNTAL INFORMATION
COMMISSION MEMORANDUM
the City Co
AGENDA ITEM RgT: MOTION TO
RECONSIDER VOTE ON AGENDA ITEM R7C FROM DECEMBER 16, 2015
CITY COMMISSION MEETING (RE: SOUTH BEACH COMPONENT OF THE
DTRECT CONNECT TRANSTT PROJECT)
Attached please find a letter from Jeffrey F. Boothe, President of Boothe Transit
Consulting, LLC, and a member of the Kimley-Horn Team for the preparation of
the environmental analysis for the Miami Beach Light Rail/Modern Streetcar, regarding
the potential impact of the Miami Beach project on eligibility for Federal funding for the
remainder of the Beach Corridor Direct Connection Project.
Attachment
JLM\KGB
Agendattem flQT-
oate l-lTlL63
Btc
Boothe Transit Consulting LLC
January 11,2016
Mr. Jimmy Morales
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: Development of Miami Beach Streetcar
Dear Mr. Morales:
This letter addresses the following two questions: (1) does the procurement or
construction of the Miami Beach Streetcar impact the eligibility for federal funding of any
expansion of the streetcar outside the boundaries of the City of Miami Beach; and, (2)
does advancing the City of Miami Beach Streetcar independent of a project that extends
beyond the boundaries of the City of Miami Beach affect the ability of a future project
constructed outside of the boundaries of the City of Miami Beach to meet federal
environmental req uirements?
The Federal Transit Administration (FTA) defines a fixed guideway project in 49 USG
55309(aX5) as a project with a "minimum operable segment or extension to an existing
fixed guideway project that can operate even if no other extension was built." Further, a
project must demonstrate a number of criteria, including (i) that it has "independent
utility or independent significance" (which is defined as a project that is a usable and
involves a reasonable expenditure even if no more transportation improvements are
made); (ii) the project connects logical termini; and, (iii) it does not restrict consideration
of alternatives. This is also the approach the FTA applies for determining the full scope
of a project for environmental review under the National Environmental Policy Act
(NEPA) and to avoid impermissible segmentation. A project that addresses each of
these criteria and undertakes an environmental review under NEPA does not preclude
the eventual construction of a transportation project in phases.
To answer the first question, the project within the boundaries of the City of Miami
Beach has logical termini and independent utility since it serves the citizens of Miami
Beach and provides a meaningfu! transportation investment. lf the extensions are built
in phases, the City of Miami Beach would be a logical termini since it is a major
destination and an end point for any project. The extensions are added at end of the
City of Miami Beach Streetcar, the termini of the extension would have to meet the test
of being "logical termini" and clearly the expanded system would have independent
utility.
"Where Policy and Project Development lntersect"
1875 I Street, NW, Fifth Floor , Washington. DC 20006
Main: (202) 429-2020 / Mobile: (703) 625-9600
ieff.boothe@boothetransit.com / www.boothetransit.com64
Letter to Jimmy Morales
Page 2
January 11,2016
A subsequent phase of the City of Miami Beach Streetcar beyond the boundaries of the
city of Miami Beach would be eligible for federal funding or financing from the Capital
lnvestment Grants (ClG) program, TIGER or the Transportation lnfrastructure Finance
and Innovation Act (TlFlA) as an extension of the streetcar. Any project beyond the
boundaries of the City of Miami Beach would have to follow the federal project
evaluation, rating and approval process under the CIG program and would benefit from
the ridership and project benefits realized from the Miami Beach Streetcar being in
revenue service.
Moreover, the Program of lnterrelated Projects (PlP) was authorized in Moving Ahead
for Progress in the 21st Century (MAP-21). The PIP allows a region to advance more
than one project simultaneously if the program of projects is rated and evaluated under
the CIG project approval process. The PIP assumes that only one project is federally
funded but that the federally funded project is able to count the local investment in the
locally funded project as local match. The federally funded projects(s) that is included
within the PIP is capped at 80 percent federal share. However, the Fixing America's
Surface Transportation (FAST) Act limits a Full Funding Grant Agreement (FFGA) for a
New Start project to 60 percent. These two provisions are in conflict and will require
reconciliation either by the FIA administratively or by a subsequent act clarifying the
intent of Congress. FTA is in the process of implementing the PIP program and seeking
to address concerns raised by the Office of Management and Budget. We will monitor
these developments closely to assess any additional opportunities that may arise with
the implementation of the PlP.
To address the second question, the environmental process that is soon to be
undertaken by the City of Miami Beach will examine the project alternatives and make a
determination regarding the issue of segmentation before any commitments are made
to assess the impact on any federal or other funding for the City's project. However,
since the project would have logical termini and independent utility without regard to
whether an expanded system is built, it is anticipated that any challenge on
segmentation would not be successful. Further, the expanded system that connects to
the City of Miami Beach Streetcar would obtain the full benefit of the ridership, mobility
benefits, land use and other environmental benefits realized by the construction of the
first segment and would likely be very competitive in a federal process and could
potentially improve the chances for obtaining federal funding for the overall Direct
Connect Project. Thus, no action taken by the City of Miami Beach would prejudice any
future action to expand the system and, moreover, the expanded system would fully
benefit from the initial investment made by the City of Miami Beach.
President
'
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