May 12, 2017 AgendaCommission Meeting (Special)
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
May 12, 2017 - 2:00 PM
M ayor P hilip Levine
Commissio ner John E lizabeth A leman
Commissio ner R icky Arriola
Commissio ner M ichael Grieco
Commissio ner Joy M alako f f
Commissio ner K risten R osen Go nzalez
Commissio ner M icky S teinberg
City M anager Jimmy L. M orales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
AT T ENT ION ALL LOBBYIST S
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the
registration of all lobbyists with the Office of the City Clerk prior to engaging in any lobbying activity
w ith the City Commission, any City Board or Committee, or any personnel as defined in the subject
Code sections. Copies of the City Code sections on lobbyists law s are available in the Office of the
City Clerk. Questions regarding the provisions of the Ordinance should be directed to the Office of
the City Attorney.
To request this material in alternate f o rmat, sign language interpreter (f ive-day notice required), inf ormation on
access f or persons with disabilities, and/or any accommo dation to review any document or participate in any
city-sponso red proceedings, call 305.604.2489 and select 1 for E nglish or 2 for S panish, then optio n 6; T T Y
users may call via 711 (Florida R elay S ervice).
In o rder to ensure adequate public co nsideratio n, if necessary, the M ayor and C ity Commissio n may move any
agenda item to an alternate meeting. In additio n, the M ayor and City Commission may, at their discretion,
adjourn the Co mmission M eeting without reaching all agenda items.
AGE NDA KEY
Presentations and Awards:Regular A genda:
PA - P resentations and Awards R2 - Co mpetitive Bid Reports
R5 - Ordinances
Consent Agenda:R7 - Reso lutions
C2 - C ompetitive Bid Reports R9 - New Businesses & Commission Requests
C4 - C ommission C ommittee A ssignments R10 - City A ttorney Reports
C6 - C ommission C ommittee Reports
C7 - R esolutio ns Reports and Inf o rmational Items
Page 1 of 37
AGENDA
1.C A LL TO OR D E R
CONSENT AGENDA
RE GULAR AGENDA
R5 - Ordinances
R5 A A N ORD IN A NC E O F T H E M AYOR A ND CI T Y C O M M IS S I ON O F T H E C I T Y O F M IA M I
B E A C H, FLO R ID A , A M E N D I N G T H E C I T Y O F M I A M I B E A C H YE A R 2025
C OM P RE H E N S I V E P LA N, B Y A M E N DI N G C H A P T E R 1, E N T I T LE D “FU T U R E L A N D
U S E E L E M E N T;” “OB J E C T I V E 1: LA N D D E V E LO P M E N T R E GULAT I ON S,” TO
P R O H I B IT A N Y FOR M OF GA M B LI N G A ND CA S I N O U S E S A S DE L I NE AT E D I N
C HA P T E R S 550 A N D 551, FLOR I D A S TAT U T E S; P R OV I D I N G FO R C E RTA I N
E X E M P T I ONS; P R OV ID I N G FOR I NC L U S I ON I N T H E C OM P R E H E N S I V E P L A N;
T R A N S M IT TA L; RE P E A LE R; S E V E R A B I LI T Y; A N D A N E FFE C T I V E D AT E .
2:01 p.m. First Reading Public Hearing P lanning
C ommissio ner Joy M alako f f and Co-S po nsored
by Commissioner Ricky A rriola
R5 B A N ORD IN A NC E O F T H E M AYOR A ND CI T Y C O M M IS S I ON O F T H E C I T Y O F M IA M I
B E A C H, FLOR IDA, A M E N D I NG C H A P T E R 142 “ZO N IN G D I S T RI C T RE GU LAT I ON S ;”
A M E N D I N G A RT I C LE 1, “I N G E N E R A L” TO B E E N T I T LE D “G E N E RA L TO A LL ZO N IN G
D IS T R IC T S ;” AT S E C T I ON 142-1 TO B E E N T I T LE D: “GA M B LIN G A N D C A S I NO S U S E S
A R E P R OHI B I T E D IN T H E C IT Y O F M I A M I B E A C H;” P R OH I B I T I N G M A IN,
C ON D IT IO N A L A ND A C C E S S ORY U S E S RE LAT IN G TO GA M B LI N G A N D C A S IN OS ;
P R O V I D IN G FOR E X E M P T I ON S U N D E R S TAT E LAW; P R OV ID I N G FO R
C OD IFIC AT ION; R E P E A LE R; S E V E R A B ILIT Y; A N D A N E FFE C T I V E D AT E.
2:02 p.m. First Reading Public Hearing P lanning
C ommissio ner Joy M alako f f and Co-S po nsored
by Commissioner Ricky A rriola
R5 C A N ORD IN A NC E O F T H E M AYOR A ND CI T Y C O M M IS S I ON O F T H E C I T Y O F M IA M I
B E A C H, FL O R I D A , A M E N D I N G C H A P T E R 18, “B U S IN E S S E S,” AT A RT I C L E V,
“CA R D R OO M S ” TO B E E N T I T LE D “RE S E RV E D;” A M E N D I N G S E CT IO N S 18-171
T H R OU GH 18-179, TO B E E N T I T LE D “RE S E RV E D” D E LE T I N G A LL R E FE R E N C E TO
C A R D R OOM S I N C H A P T E R 18; C H A P T E R 102 “TA X AT I ON,” A RT I C LE V, “LOC A L
B U S IN E S S TA X ,” AT S E C T I O N 102-356 E NT IT L E D “C ON S T R U C T I O N OF A RT I C LE ;
D E FI N IT IO N S ” B Y R E M OV I N G T H E D E FI N IT ION O F “C A R D R OO M S”; A N D S E CT IO N
102-379, E N T IT L E D “S C H E D U LE O F TA X E S , E FFE C T I V E O C TOB E R 1, 2016” TO
R E M OV E T HE B U S IN E S S TA X FE E FOR “C A RD R O O M S ;” P R O V I D IN G FO R
C OD IFIC AT ION; R E P E A LE R; S E V E R A B ILIT Y; A N D A N E FFE C T I V E D AT E.
First Reading Of fice of the City A ttorney
C ommissio ner Joy M alako f f
Notices
Page 2 of 37
1.N OT IC E O F S P E C I A L C IT Y C OM M I S S IO N M E E T IN G TO C ON S ID E R OR D IN A N C E S
P R O H I B IT IN G GA M B LIN G A N D C A S I N O U S E S I N A LL ZON I N G DI S T R I C T S OF T H E
C IT Y OF M IA M I B E A C H A N D A M E N D IN G C H A P T E RS 18 A N D 102 RE L AT IN G TO
C A R D R OOM S - M AY 12, 2017 AT 2:00 P.M . FIR S T R E A D IN G, P U B LIC H E A R IN G
2.R E Q U E S T TO H OLD A S P E C IA L M E E T IN G O F T H E C IT Y CO M M IS S I ON.
3.A D V E RT I S E M E N T S FOR T H E M AY 12, 2017 S P E CI A L C OM M I S S ION M E E T IN G.
Page 3 of 37
Ordinance s - R5 A
COMMIS S ION MEMORANDUM
TO:Honorable Mayor and Members of the C ity C ommission
FRO M:Jimmy L. Morales, City Manager
DAT E:May 12, 2017
2:01 p.m. F ir st Reading P ublic Hearing
S U BJ E C T:A N O R D I NA NC E O F T HE MAYO R A ND C I T Y C O MMI S S I O N O F T HE C I T Y
O F MI A MI B E A C H, F L O R I D A , A ME ND I NG T HE C I T Y O F MI A MI B E A C H
YE A R 2025 C O MP R E HE NS I V E P L A N, B Y A ME ND I NG C HA P T E R 1,
E NT I T L E D “F UT UR E L A ND US E E L E ME NT;” “O B J E C T I V E 1: L A ND
D E V E L O P ME NT R E G UL AT I O NS ,” TO P R O HI B I T A NY F O R M O F
G A MB L I NG A ND C A S I NO US E S A S D E L I NE AT E D I N C HA P T E R S 550 A ND
551, F L O R I D A S TAT UT E S ; P R O V I D I NG F O R C E RTA I N E X E MP T I O NS ;
P R O V I D I NG F O R I NC L US I O N I N T HE C O MP R E HE NS I V E P L A N;
T R A NS MI T TA L ; R E P E A L E R; S E V E R A B I L I T Y; A ND A N E F F E C T I V E D AT E .
RE C OMME N DAT I ON
T he Administration recommends that the City Commission approve the Ordinance at First Reading
and set a Second Reading Public Hearing.
ANALY S I S
B AC K G RO UND
On May 3, 2017, at the request of C ommissioner J oy Malakof f , the C ity Commission referred
the proposed C omprehensive P lan and L and D evelopment R egulation amendments to the
Planning Board for consideration.
P L ANNI NG ANALY S I S
T his legislative session, the F lorida L egislature considered bills that would have allowed f or the
expansion of slot machines and casino gambling. One of the proposals would have allowed for
one casino of a scale similar to those in L as Vegas, Nevada or Atlantic City, New J ersey in
counties that have three or more pari-mutuel f acilities with casinos. Miami-D ade County
currently has four such f acilities.
Additional proposals f or the bills would have required that the additional casino be located a
minimum of five miles from any existing pari-mutuel f acilities (See attached map identif ying five
mile buffers around the existing pari-mutuel facilities). D ue to the location of existing pari-
mutuels, this requirement would prevent the casino f rom being located in the urban core of the
C ity of Miami, but would have made the coastal municipalities as the probable location for
consideration of a casino. Ultimately, the bill did not pass during the session; however, there is
always the possibility of special sessions or for new bills to be introduced in future legislative
Page 4 of 37
sessions. I t is theref ore important that the City’s Comprehensive P lan and L and D evelopment
R egulations address casinos in the event that the S tate L egislature allows an expansion of
gambling or casinos at some point in the f uture.
Under A rticle V I I I , S ection 2(b) of the F lorida Constitution and the Municipal Home Rule
Powers Act, municipalities “shall have governmental, corporate and proprietary powers to
enable them to conduct municipal government, perf orm municipal f unctions and render
municipal services, and may exercise any power for municipal purposes except as otherwise
provided by law.” See Section 166.021(1), F lorida Statutes. T he C ity is well within its home rule
powers, and its police powers, to adopt the zoning and comprehensive plan amendments
contemplated herein.
Please note, that should the F lorida L egislature expressly preempt the f ield of gambling via a
legislative act, the C ity’s comprehensive plan amendment and zoning ordinance prohibiting
gambling could be surpassed (preempted) by the legislative action.
F lorida courts have consistently held that a license to of f er gambling, including pari-mutuel
wagering, slot machine gambling, or a card room at a pari-mutuel facility, is a privilege rather
than a vested right, that requires strict supervision and regulation in the best interests of the
state.[1]
Many studies have demonstrated that casinos f eed gambling addictions, which have many
serous eff ects on those with the addiction and their families. T hese include loss of jobs, failed
relationships and severe debt. T hese can lead to mental health issues, including depression,
mood disorders, anti-social personality disorders, and more.
I t is widely understood that large-scale casino operations can overpower non-gambling
businesses, and that casinos combined with hotels tend to become isolated all-inclusive
facilities. T his encourages guests to remain on the premises, thus limiting their shopping and
dining in other establishments within the C ity.
Since casinos have been permitted in A tlantic C ity, New J ersey in the late 1970’s, many
restaurants and retail businesses along the City’s main street in its downtown, A tlantic Avenue,
have shuttered. F or those that have not shuttered, the quality of retail has been reduced. T he
design of casinos in A tlantic City is intended to keep guests indoors, so that they spend their
time gambling and spending money within the casino, as opposed to seeing the C ity’s other
attractions, such as its B oardwalk and D owntown. A dditionally, between 2014 and 2016, five
casinos closed in Atlantic C ity, indicating that the all-inclusive casinos are suffering from
increased competition f rom other regions and lower disposable incomes among the socio-
economic groups that tend to f requent casinos.
Miami Beach has a robust tourist market that supports many independent restaurants, cultural,
and retail establishments throughout many dif f erent areas of the C ity. A s a result, if a casino is
allowed in Miami Beach, there is great potential for it to overpower these establishments
severely limiting the number of tourists that would be walking through the City and supporting its
businesses.
T he C ity of Miami B each has a long-standing policy against casino gambling in F lorida. T he
C ity C ommission has adopted the following resolutions against casinos: 2017-29846, 2014-
Page 5 of 37
28529, 2011-27812, 2008-26927, and 2008-26925. T he proposed ordinances would
formalize this policy within the C omprehensive Plan and L and Development Regulations by
prohibiting C asinos and Gambling in all future land use and zoning districts within the City of
Miami Beach. T he proposed ordinance defines gambling as the playing or engaging in any
game of cards, keno, roulette, faro, or other game of chance, at any place, by any device,
whatever, for money or other thing of value; however, it provides for certain exceptions f rom the
definition of gambling for existing common practices as follows:
1) T he L ottery;
2) P enny-ante games;
3) Condominium associations, cooperatives, homeowners, associations, charitable,
nonprof it or veteran organizations authorized to hold drawings by chance, drawings, or
raffles;
4) G ame promotion in connection with the sale of consumer products or services; and
5) B owling tournaments.
[1] See Sec. 550.1625(1), Florida S tatutes; see also Soli mena v. State, 402 S o. 2d 1240,
1247 (F la. 3d D C A 1981), rev. denied, 412 S o. 2d 470 (citing State ex rel. Mason v. Rose,
165 S o. 347 (F la. 1936)); Carroll v. State, 361 So. 2d 144, 147 (Fla. 1978) (“[t]here is no
constitutional right to conduct a gambling business”).
P L ANNI NG B O ARD RE V IE W
T he P lanning Board is scheduled to review and transmit the subject ordinances at a special
meeting on May 11, 2017. T he A dministration will update the C ity Commission on the
recommendation of the P lanning B oard at F irst R eading.
CO N C L U SI ON
T he A dministration recommends that the C ity C ommission approve the ordinance at F irst
R eading and set a Second R eading P ublic Hearing.
FI NANCI AL I NFORMATI O N
I n accordance with Charter Section 5.02, which requires that the “City of Miami B each shall
consider the long term economic impact (at least five years) of proposed legislative actions,”
this shall conf irm that the C ity A dministration City Administration evaluated the long term
economic impact (at least five years) of this proposed legislative action. A s there are currently
no casinos in the City of Miami B each, the proposed Ordinance is not expected to have a
negative fiscal impact upon the City.
L egislative T racking
Planning
Sponsor
Page 6 of 37
C ommissioner J oy Malakoff and Co-S ponsored by Commissioner Ricky Arriola
ATTACHME N T S:
De scription
Buffer Map
O R D INANCE GAMB LIN G C OMP PL AN
Ad
Page 7 of 37
Five Mile Buffers Around Parimutual Casinos in Miami-Dade County
Page 8 of 37
ORDINANCE NO. __ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH YEAR
2025 COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED
"FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT
REGULATIONS," TO PROHIBIT ANY FORM OF GAMBLING AND CASINO
USES AS DELINEATED IN CHAPTERS 550 AND 551, FLORIDA STATUTES;
PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR INCLUSION IN.
THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has a long-standing policy against casino gambling
in Florida as evidenced by the following resolutions: 2017-29846, 2014-28529, 2011-27812,
2008-26927, and 2008-26925; and
WHEREAS, large scale casino operations cannibalize non-gambling businesses and
have caused the shuttering of forty percent of all restaurants and one-third of all retail
businesses in Atlantic City; and
WHEREAS, our community will bear the severe and painful economic and social costs
that always accompany expansive gambling, including the misery of individuals and families
touched by problem gambling as they are at higher risk of divorce, bankruptcy, child abuse,
domestic violence, crime and suicide; and
WHEREAS, expanded gambling promotes corruption of the governmental process as
immensely wealthy gambling companies from all over the world seek to receive benefits from
state governmental entities that regulate their existence and profits; and
WHEREAS, if gambling interests are allowed to obtain major casino expansion, full
scale casino and gambling operations will become commonplace throughout our community
and state; and
WHEREAS, the false promises of increased revenue and jobs, like the broken promises
that accompanied the lottery and other gambling expansions are intended to convince Floridians
to make a fool's gamble with their future; and
WHEREAS, the City of Miami Beach desires to continue to be a number one destination
for tourism and local growth to the economy by supporting independent hotels, restaurants and
entertainment, without the overwhelming introduction of gambling; and
WHEREAS, the Comprehensive Plan, through the land use element shall reflect that
gambling is a prohibited use within the City of Miami Beach; and
WHEREAS, the City of Miami Beach rejects any expansion of gambling into the City of
Miami Beach, and precludes any destination casinos from being authorized in our land
development regulations; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
Page 9 of 37
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendments to the City's 2025 Comprehensive Plan Future Land
Use Element are hereby adopted:
CHAPTER 1
FUTURE LAND USE ELEMENT
OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS
* * *
Policy 1.2 The land development regulations which implement this Comprehensive Plan shall,
at a minimum, be based on and be consistent with s. 163.3202, F.S., and shall further be based
on the following standards for land use category, land use intensity and land use:
All casino and gambling operations, including but not limited to those casino and gambling
operations authorized pursuant to chapters 550 and 551, Florida Statutes, are hereby prohibited
in any land use category within the City of Miami Beach. Casino and gambling shall include but
not be limited to: any machine of chance regulated by the state compact or chapters 550 and
551, as may be amended from time to time, pari-mutuel uses, horse racing, dog racing. jai alai,
fantasy contests, and associated gambling or casino related uses. Certain exemptions pursuant
to chapter 849, Florida Statutes relating to nonprofits, charitable organizations, veterans
organizations, homeowners associations, condominium associations, cooperative associations,
bowling tournaments, or game promotion in connection with the sale of consumer products or
services may be provided under the land development regulations.
* * *
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or prov1s1on of this ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. CODIFICATION.
It is the intention of the City Commission that this ordinance be entered into the
Comprehensive Plan, and it is hereby ordained that the sections of this ordinance may be
renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be
changed to "section" or other appropriate word. The Exhibits to this Ordinance shall not be
codified, but shall be kept on file with this Ordinance in the City Clerk's Office.
• -.. '<+-
Page 10 of 37
SECTION 6. TRANSMITTAL.
The Planning Director is hereby directed to transmit this ordinance to the appropriate
state, regional and county agencies as required by applicable law.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect 31 days after the state land planning agency notifies the
City that the plan amendment package is complete pursuant to Section 163.3184(3), Florida
Statutes.
PASSED and ADOPTED this __ day of _____ 2017.
ATTEST:
Rafael Granado, City Clerk
First Reading/Transmittal: ___ _
Second Reading/Adoption: ___ _
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
Strikethrough =deleted language
'2017
'2017
Mayor Philip Levine
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXEC TION
I AguKa,_ yity Attorney
ate 3 /// Ji1
Page 11 of 37
FRIOlO NAT 5 141
1011AAOIH£RALD.CSM
f1R1 fcllta Americas 19A
HA
MIAIBEACH
CITY OF MIAMI BEACH
NOTICE OF SPECIAL CITY COMMISSION MEETING
TO CONSIDER ORDINANCES PROHIBITING GAMBLING AND CASINO USES IN ALL
ZONING DISTRICTS OF THE CITY OF MIAMI BEACH AND AMENDING CHAPTERS 18
AND 102 RELATING TO CARDROOMS
MAY 12, 2017 AT 2:00 P.M. - CITY COMMISSION
FIRST READING, PUBLIC HEARING
NOTICE IS HEREBY given that the CE1y Commission of the City of Miamiit Beach, Florida, will hold a Special City Commission Meeting, pursuant to Section 2.04 of the Chy Charier, on
May 12, 2017 at 2:00 p.m. (FIRST READINGS, PUBLIC HEARINGS), in the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, to hold
discussions and public hearings on the following Ordinances:
2:01 p.m.
AN ORDINANCE OF TH E MAYOR AN D CITY COMMISSION OF THE CIT Y OF MIAMI BEACH, FLORIDA AMENDING THE C ITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE
PLAN, BY AMENDING CHAPTER I, ENTITLED "FUTURE LAND USE ELEMENT;' "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS,' TO PROHIBIT ANY FORM OF
GAMBLING AND CASINO USES AS DELINEATED IN CHAPTER 550 AND 561, FLORIDA STATUTES; PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR INCLUSION
IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE Tins Ordinance is being heard pursuant to Sections 118 -183 and
119484 Of the Clty'e Land Development Code. Intivi vas may be d(r60ted 10 fie Planning 05paritnefat at 305,073.7550.
2:02 p.m.
AN ORDINANCE OFTHE MAYOR AND CRY COMMISSION OF THE CRY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICT REGULATIONS;"
AMENDING ARTICLE 1, "IN GENERAL` TO BE ENTITLED "GENERAL TO ALL ZONING DISTRICTS ;' AT SECTION 142 -1 TO BE ENTITLED; "GAMBLING AND CASINOS
ARE A PROHIBITED USE IN THE CITY OF MIAMI BEACH;" PROHIBITING MAIN, CONDITIONAL AND ACCESSORY USES RELATING TO GAMBLING AND CASINOS;
PROVIDING FOR EXEMPTIONS UNDER STATE LAW; PROVIDING FOR APPLICABILITY/ RETROACTIVE APPLICATION TO FIRST READING; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE This Ordinance is bang heard pursuana to Section 1112 -154 of the City's Land DeveloprrlenI Code.
Inquiries maybe directed 10 the Panning Daparimant al 205.072.7550
2:03 p.m.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CRY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18, "BUSINESSES,' AT ARTICLE V,
CARDROOMS" TO BE ENTITLED "RESERVED;" AMENDING SECTIONS 18-171 THROUGH 18 -179, TO BE ENTITLED "RESERVED" DELETING ALL REFERENCE TO
CARDROOMS IN CHAPTER 18 CHAPTER 102 'TAXATION,' ARTICLE V, 'LOCAL BUSINESS TAX," AT SECTION 102 -356 ENTITLED "CONSTRUCTION OF ARTICLE;
DEFINITIONS" BY REMOVING THE DEFINITION OF "CARDROOMS"; AND SECTION 102 -379, ENTITLED "SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO
REMOVE THE BUSINESS TAX FEE FOR "CARDROOMS;' PROVIDING FOR CODIFICATION; REPEALER SEVERABILITY; AND AN EFFECTIVE DATE This Ordinance is
being heard pursuant / to 0001100 210 03 the Clay Charter and §186.041 F.S.
INTERESTED PARTIES are Invited 10 appear 011011 meeting, or be represented by an agent, or t0 express lhelr views In Wilting addressed to the City Commission. C/o the 011105 01 the
City Clerk, 1700 Convention Caviler Drive, I s1 Floor, City Hall, Miami Beach, Florida 33139. Copies al these Hems are available for public Inspection during normal business hours in
the Office of the Clly Clerk, 1700 Convention Censer Drive, 1st Floor, City Hall, Miami Beach, Rorlda 33139. These meetings, or any Vern therein, may be conlinuad, and under such
circumstances, additional legal notice need net he provided.
Pursuant 10 050110n 280.0105, Fla. SW., . the City hereby advises the 510110 that 11 a person (Mollies to appeal any decision made oy 1114 City Commission with respect 10 any matter
Considered at Its meeting Or Its hearing, such person must ensure Mat a 55ma1151 record 011he proceedings Is made, which 150014 includes the testimony and evidence upon which
the appeal Is to be based. This notice does not corrstilute consent by the City for the Introduction or admission of dhcrwiso Inadmissible 01 irretevant evidence, nor does it authorize
challenges Or appeals not otherwise allowed Dy law.
To request this material In atlemate format, sign language lmerpreter (1156 -day notice required), Inlomlanon on access ixr persons with disabilities, and/or any aCCOmmOdatlon
to review any document or participate in any city- sponsored proceedings, call 305.6042489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via
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Members of the public may present audiovisual (AV) materials retaling to Agenda Items at City Commission meetings held in the Commission Chamber by 010151ng the
0ity'5 AV equipment provided that Materials are submitted t0 the Deparllllent 01 Marketing and Communications by 930 a.m.. one 11) business day prior 10 111e meeting.
Advance submittal of a presentation will allow the Communications Department lo plan lor the use of the appropriate AV equipment. AV materials may be submitted via email at
corm unica0onsa n iamib050hl.gov, or hand delivered In a)ump drive, CD or CND 10: Attention; Department of Marketing and Communications, 1700 Convention Center 51105, First Floor
Conference Room, Mlanll Beach, FL 33139. Presentations, videos Or links must Include a label noting Me name or group, contact person, daytime telephone number, email address,
description/lite of the presentation and Agenda /term Title as well an the Agenda llem number. Acceptable fomrats for electronic submission are .pot, .ppl, .ppix, .pps, .ppsx, .wrnv, .art
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Ad 1320
Rafael E. Granada, Clly Clerk
CI1y 01 heard Beach
Page 12 of 37
Ordinance s - R5 B
COMMIS S ION MEMORANDUM
TO:Honorable Mayor and Members of the C ity C ommission
FRO M:Jimmy L. Morales, City Manager
DAT E:May 12, 2017
2:02 p.m. F ir st Reading P ublic Hearing
S U BJ E C T:A N O R D I NA NC E O F T HE MAYO R A ND C I T Y C O MMI S S I O N O F T HE C I T Y
O F MI A MI B E A C H, F L O R I D A, A ME ND I NG C HA P T E R 142 “Z O NI NG
D I S T R I C T R E G UL AT I O NS;” A ME ND I NG A RT I C L E 1, “I N G E NE R A L ” TO B E
E NT I T L E D “G E NE R A L TO A L L Z O NI NG D I S T R I C T S ;” AT S E C T I O N 142-1
TO B E E NT I T L E D: “G A MB L I NG A ND C A S I NO S US E S A R E P R O HI B I T E D
I N T HE C I T Y O F MI A MI B E A C H;” P R O HI B I T I NG MA I N, C O ND I T I O NA L A ND
A C C E S S O RY US E S R E L AT I NG TO G A MB L I NG A ND C A S I NO S ;
P R O V I D I NG F O R E X E MP T I O NS UND E R S TAT E L AW; P R O V I D I NG F O R
C O D I F I C AT I O N; R E P E A L E R ; S E V E R A B I L I T Y; A ND A N E F F E C T I V E D AT E .
RE C OMME N DAT I ON
T he Administration recommends that the City Commission approve the Ordinance at First Reading
and set a Second Reading Public Hearing.
ANALY S I S
B AC K G RO UND
On May 3, 2017, at the request of C ommissioner J oy Malakof f , the C ity Commission referred
the proposed C omprehensive P lan and L and D evelopment R egulation amendments to the
Planning Board for consideration.
P L ANNI NG ANALY S I S
T his legislative session, the F lorida L egislature considered bills that would have allowed f or the
expansion of slot machines and casino gambling. One of the proposals would have allowed for
one casino of a scale similar to those in L as Vegas, Nevada or Atlantic City, New J ersey in
counties that have three or more pari-mutuel f acilities with casinos. Miami-D ade County
currently has four such f acilities.
Additional proposals f or the bills would have required that the additional casino be located a
minimum of five miles from any existing pari-mutuel f acilities (See attached map identif ying five
mile buffers around the existing pari-mutuel facilities). D ue to the location of existing pari-
mutuels, this requirement would prevent the casino f rom being located in the urban core of the
C ity of Miami, but would have made the coastal municipalities as the probable location for
consideration of a casino. Ultimately, the bill did not pass during the session; however, there is
always the possibility of special sessions or for new bills to be introduced in future legislative
Page 13 of 37
sessions. I t is theref ore important that the City’s Comprehensive P lan and L and D evelopment
R egulations address casinos in the event that the S tate L egislature allows an expansion of
gambling or casinos at some point in the f uture.
Under A rticle V I I I , S ection 2(b) of the F lorida Constitution and the Municipal Home Rule
Powers Act, municipalities “shall have governmental, corporate and proprietary powers to
enable them to conduct municipal government, perf orm municipal f unctions and render
municipal services, and may exercise any power for municipal purposes except as otherwise
provided by law.” See Section 166.021(1), F lorida Statutes. T he C ity is well within its home rule
powers, and its police powers, to adopt the zoning and comprehensive plan amendments
contemplated herein.
Please note, that should the F lorida L egislature expressly preempt the f ield of gambling via a
legislative act, the C ity’s comprehensive plan amendment and zoning ordinance prohibiting
gambling could be surpassed (preempted) by the legislative action.
F lorida courts have consistently held that a license to of f er gambling, including pari-mutuel
wagering, slot machine gambling, or a card room at a pari-mutuel facility, is a privilege rather
than a vested right, that requires strict supervision and regulation in the best interests of the
state.[1]
Many studies have demonstrated that casinos f eed gambling addictions, which have many
serous eff ects on those with the addiction and their families. T hese include loss of jobs, failed
relationships and severe debt. T hese can lead to mental health issues, including depression,
mood disorders, anti-social personality disorders, and more.
I t is widely understood that large-scale casino operations can overpower non-gambling
businesses, and that casinos combined with hotels tend to become isolated all-inclusive
facilities. T his encourages guests to remain on the premises, thus limiting their shopping and
dining in other establishments within the C ity.
Since casinos have been permitted in A tlantic C ity, New J ersey in the late 1970’s, many
restaurants and retail businesses along the City’s main street in its downtown, A tlantic Avenue,
have shuttered. F or those that have not shuttered, the quality of retail has been reduced. T he
design of casinos in A tlantic City is intended to keep guests indoors, so that they spend their
time gambling and spending money within the casino, as opposed to seeing the C ity’s other
attractions, such as its B oardwalk and D owntown. A dditionally, between 2014 and 2016, five
casinos closed in Atlantic C ity, indicating that the all-inclusive casinos are suffering from
increased competition f rom other regions and lower disposable incomes among the socio-
economic groups that tend to f requent casinos.
Miami Beach has a robust tourist market that supports many independent restaurants, cultural,
and retail establishments throughout many dif f erent areas of the C ity. A s a result, if a casino is
allowed in Miami Beach, there is great potential for it to overpower these establishments
severely limiting the number of tourists that would be walking through the City and supporting its
businesses.
T he C ity of Miami B each has a long-standing policy against casino gambling in F lorida. T he
C ity C ommission has adopted the following resolutions against casinos: 2017-29846, 2014-
Page 14 of 37
28529, 2011-27812, 2008-26927, and 2008-26925. T he proposed ordinances would
formalize this policy within the C omprehensive Plan and L and Development Regulations by
prohibiting C asinos and Gambling in all future land use and zoning districts within the City of
Miami Beach. T he proposed ordinance defines gambling as the playing or engaging in any
game of cards, keno, roulette, faro, or other game of chance, at any place, by any device,
whatever, for money or other thing of value; however, it provides for certain exceptions f rom the
definition of gambling for existing common practices as follows:
1) T he L ottery;
2) P enny-ante games;
3) Condominium associations, cooperatives, homeowners, associations, charitable,
nonprof it or veteran organizations authorized to hold drawings by chance, drawings, or
raffles;
4) G ame promotion in connection with the sale of consumer products or services; and
5) B owling tournaments.
[1] See Sec. 550.1625(1), Florida S tatutes; see also Soli mena v. State, 402 S o. 2d 1240,
1247 (F la. 3d D C A 1981), rev. denied, 412 S o. 2d 470 (citing State ex rel. Mason v. Rose,
165 S o. 347 (F la. 1936)); Carroll v. State, 361 So. 2d 144, 147 (Fla. 1978) (“[t]here is no
constitutional right to conduct a gambling business”).
P L ANNI NG B O ARD RE V IE W
T he P lanning Board is scheduled to review and transmit the subject ordinances at a special
meeting on May 11, 2017. T he A dministration will update the C ity Commission on the
recommendation of the P lanning B oard at F irst R eading.
CO N C L U SI ON
T he A dministration recommends that the C ity C ommission approve the ordinance at F irst
R eading and set a Second R eading P ublic Hearing.
FI NANCI AL I NFORMATI O N
I n accordance with Charter Section 5.02, which requires that the “City of Miami B each shall
consider the long term economic impact (at least 5 years) of proposed legislative actions,” this
shall confirm that the C ity A dministration C ity Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. S ince there are currently no casinos
in the City of Miami Beach, the proposed Ordinance is not expected to have a negative fiscal
impact upon the C ity.
L egislative T racking
Planning
Sponsor
Page 15 of 37
C ommissioner J oy Malakoff and Co-S ponsored by Commissioner Ricky Arriola
ATTACHME N T S:
De scription
Buffer Map
Ad
O R D INANCE GAMB LIN G
Page 16 of 37
Five Mile Buffers Around Parimutual Casinos in Miami-Dade County
Page 17 of 37
FRIOlO NAT 5 141
1011AAOIH£RALD.CSM
f1R1 fcllta Americas 19A
HA
MIAIBEACH
CITY OF MIAMI BEACH
NOTICE OF SPECIAL CITY COMMISSION MEETING
TO CONSIDER ORDINANCES PROHIBITING GAMBLING AND CASINO USES IN ALL
ZONING DISTRICTS OF THE CITY OF MIAMI BEACH AND AMENDING CHAPTERS 18
AND 102 RELATING TO CARDROOMS
MAY 12, 2017 AT 2:00 P.M. - CITY COMMISSION
FIRST READING, PUBLIC HEARING
NOTICE IS HEREBY given that the CE1y Commission of the City of Miamiit Beach, Florida, will hold a Special City Commission Meeting, pursuant to Section 2.04 of the Chy Charier, on
May 12, 2017 at 2:00 p.m. (FIRST READINGS, PUBLIC HEARINGS), in the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, to hold
discussions and public hearings on the following Ordinances:
2:01 p.m.
AN ORDINANCE OF TH E MAYOR AN D CITY COMMISSION OF THE CIT Y OF MIAMI BEACH, FLORIDA AMENDING THE C ITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE
PLAN, BY AMENDING CHAPTER I, ENTITLED "FUTURE LAND USE ELEMENT;' "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS,' TO PROHIBIT ANY FORM OF
GAMBLING AND CASINO USES AS DELINEATED IN CHAPTER 550 AND 561, FLORIDA STATUTES; PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR INCLUSION
IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE Tins Ordinance is being heard pursuant to Sections 118 -183 and
119484 Of the Clty'e Land Development Code. Intivi vas may be d(r60ted 10 fie Planning 05paritnefat at 305,073.7550.
2:02 p.m.
AN ORDINANCE OFTHE MAYOR AND CRY COMMISSION OF THE CRY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICT REGULATIONS;"
AMENDING ARTICLE 1, "IN GENERAL` TO BE ENTITLED "GENERAL TO ALL ZONING DISTRICTS ;' AT SECTION 142 -1 TO BE ENTITLED; "GAMBLING AND CASINOS
ARE A PROHIBITED USE IN THE CITY OF MIAMI BEACH;" PROHIBITING MAIN, CONDITIONAL AND ACCESSORY USES RELATING TO GAMBLING AND CASINOS;
PROVIDING FOR EXEMPTIONS UNDER STATE LAW; PROVIDING FOR APPLICABILITY/ RETROACTIVE APPLICATION TO FIRST READING; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE This Ordinance is bang heard pursuana to Section 1112 -154 of the City's Land DeveloprrlenI Code.
Inquiries maybe directed 10 the Panning Daparimant al 205.072.7550
2:03 p.m.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CRY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18, "BUSINESSES,' AT ARTICLE V,
CARDROOMS" TO BE ENTITLED "RESERVED;" AMENDING SECTIONS 18-171 THROUGH 18 -179, TO BE ENTITLED "RESERVED" DELETING ALL REFERENCE TO
CARDROOMS IN CHAPTER 18 CHAPTER 102 'TAXATION,' ARTICLE V, 'LOCAL BUSINESS TAX," AT SECTION 102 -356 ENTITLED "CONSTRUCTION OF ARTICLE;
DEFINITIONS" BY REMOVING THE DEFINITION OF "CARDROOMS"; AND SECTION 102 -379, ENTITLED "SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO
REMOVE THE BUSINESS TAX FEE FOR "CARDROOMS;' PROVIDING FOR CODIFICATION; REPEALER SEVERABILITY; AND AN EFFECTIVE DATE This Ordinance is
being heard pursuant / to 0001100 210 03 the Clay Charter and §186.041 F.S.
INTERESTED PARTIES are Invited 10 appear 011011 meeting, or be represented by an agent, or t0 express lhelr views In Wilting addressed to the City Commission. C/o the 011105 01 the
City Clerk, 1700 Convention Caviler Drive, I s1 Floor, City Hall, Miami Beach, Florida 33139. Copies al these Hems are available for public Inspection during normal business hours in
the Office of the Clly Clerk, 1700 Convention Censer Drive, 1st Floor, City Hall, Miami Beach, Rorlda 33139. These meetings, or any Vern therein, may be conlinuad, and under such
circumstances, additional legal notice need net he provided.
Pursuant 10 050110n 280.0105, Fla. SW., . the City hereby advises the 510110 that 11 a person (Mollies to appeal any decision made oy 1114 City Commission with respect 10 any matter
Considered at Its meeting Or Its hearing, such person must ensure Mat a 55ma1151 record 011he proceedings Is made, which 150014 includes the testimony and evidence upon which
the appeal Is to be based. This notice does not corrstilute consent by the City for the Introduction or admission of dhcrwiso Inadmissible 01 irretevant evidence, nor does it authorize
challenges Or appeals not otherwise allowed Dy law.
To request this material In atlemate format, sign language lmerpreter (1156 -day notice required), Inlomlanon on access ixr persons with disabilities, and/or any aCCOmmOdatlon
to review any document or participate in any city- sponsored proceedings, call 305.6042489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via
711 (Ronda Relay Service).
Members of the public may present audiovisual (AV) materials retaling to Agenda Items at City Commission meetings held in the Commission Chamber by 010151ng the
0ity'5 AV equipment provided that Materials are submitted t0 the Deparllllent 01 Marketing and Communications by 930 a.m.. one 11) business day prior 10 111e meeting.
Advance submittal of a presentation will allow the Communications Department lo plan lor the use of the appropriate AV equipment. AV materials may be submitted via email at
corm unica0onsa n iamib050hl.gov, or hand delivered In a)ump drive, CD or CND 10: Attention; Department of Marketing and Communications, 1700 Convention Center 51105, First Floor
Conference Room, Mlanll Beach, FL 33139. Presentations, videos Or links must Include a label noting Me name or group, contact person, daytime telephone number, email address,
description/lite of the presentation and Agenda /term Title as well an the Agenda llem number. Acceptable fomrats for electronic submission are .pot, .ppl, .ppix, .pps, .ppsx, .wrnv, .art
and .moo. (Nate deal 4pd1 is the preferred fonmal for PowerPainl presentations.)
Ad 1320
Rafael E. Granada, Clly Clerk
CI1y 01 heard Beach
Page 18 of 37
ORDINANCE NO. _____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICT
REGULATIONS;" AMENDING ARTICLE 1, "IN GENERAL" TO BE ENTITLED
"GENERAL TO ALL ZONING. DISTRICTS;" AT SECTION 142-1 TO BE
ENTITLED: "GAMBLING AND CASINOS USES ARE PROHIBITED IN THE
CITY OF MIAMI BEACH;" PROHIBITING MAIN, CONDITIONAL AND
ACCESSORY USES RELATING TO GAMBLING AND CASINOS; PROVIDING
FOR EXEMPTIONS UNDER STATE LAW; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature in considering certain legislative amendments that
would allow the expansion of slot machines and casino gambling; and
WHEREAS, the City of Miami Beach has a long-standing policy against casino gambling
in Florida as evidenced by the following resolutions: 2017-29846, 2014-28529, 2011-27812,
2008-26927, and 2008-26925; and
WHEREAS, the legislation being considered would allow for casino operations that rival
in size and scope the gambling operations existing in Las Vegas and Atlantic City; and
WHEREAS, large scale casino operations cannibalize non-gambling businesses and
have caused the shuttering of forty percent of all restaurants and one-third of all retail
businesses in Atlantic City; and
WHEREAS, our community will bear the severe and painful economic and social costs
that always accompany expansive gambling, including the misery of individuals and families
touched by problem gambling as they are at higher risk of divorce, bankruptcy, child abuse,
domestic violence, crime and suicide; and
WHEREAS, expanded gambling promotes corruption of the governmental process as
immensely wealthy gambling companies from all over the world seek to receive benefits from
state governmental entities that regulate their existence and profits; and
WHEREAS, if gambling interests are allowed to obtain major casino expansion, full
scale casino and gambling operations will become commonplace throughout our community
and state; and
WHEREAS, the false promises of increased revenue and jobs, like the broken promises
that accompanied the lottery and other gambling expansions are intended to convince Floridians
to make a fool's gamble with their future; and
WHEREAS, the City of Miami Beach desires to continue to be a number one destination
for tourism and local growth to the economy by supporting independent hotels, restaurants and
entertainment, without the overwhelming introduction of gambling; and
WHEREAS, the Comprehensive Plan, at Objective 1: Land Development Regulations, at
Policy 1.2, is being amended to prohibit gambling and casino operations authorized pursuant to
Page 19 of 37
chapters 550 and 551, Florida Statutes from operating in any land use category within the City
of Miami Beach; and
WHEREAS, additionally, Florida courts have consistently held that a license to offer
gambling, including pari-mutuel wagering, slot machine gambling, or a card room at a pari-
mutuel facility, is a privilege rather than a vested right, that requires strict supervision and
regulation in the best interests of the state. See Sec. 550.1625(1), Florida Statutes; see also
Solimena v. State, 402 So. 2d 1240, 1247 (Fla. 3d DCA 1981 ), rev. denied, 412 So. 2d 470
(citing State ex rel. Mason v. Rose, 165 So. 347 (Fla. 1936)); Carroll v. State, 361 So. 2d 144,
147 (Fla. 1978) ("[t]here is no constitutional right to conduct a gambling business"); and
WHEREAS, the City of Miami Beach rejects any expansion of gambling into the City of
Miami Beach, and precludes any destination casinos from being authorized in our land
development regulations; and
WHEREAS, it is in the best interest of the City to prohibit gambling for the general
health, safety, morals, and welfare of the community; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning District Regulations," Article I, "In General," to be amended
and entitled "General to all Zoning Districts", and amending Section 142-1, "Gambling and
Casinos are a Prohibited use in the City of Miami Beach," as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE I. -1-N
GENERAL TO ALL ZONING DISTRICTS
Sec. 142-1 Reserves. Gambling and Casinos are Prohibited Uses in The City of Miami
Beach.
The playing or engaging in any game of cards, keno, roulette, faro, or other game of chance, at
any place, by any device, whatever, for money or other thing of value, shall be considered to be
"gambling." An establishment in which gambling occurs is a casino.
"Fantasy contest" shall include but not be limited to a fantasy or simulation sports game or
contest in which contest participants manage a fantasy or simulation sports team for prizes or
money in any gambling or casino use in the city.
2 of 4
Page 20 of 37
Gambling and casinos are prohibited in the City of Miami Beach. Gambling and casino uses
shall include all uses authorized pursuant to chapter 550 and chapter 551. Florida Statutes, as
may be amended from time to time; and "fantasy contests," as defined above. These uses are
prohibited in any zoning category within the City, whether as a main, conditional, or accessory
use. No business tax receipt shall issue for the aforementioned uses, which may also include
but not be limited to: any machine of chance (device) regulated by the state compact or
chapters 550 and 551. as may be amended from time to time, pari-mutuel uses, horse racing,
dog racing, jai alai. fantasy contests and associated gambling or casino related uses. The terms
"gambling" and "casino" shall be provided the broadest definition despite any amendments the
state legislature may make to the above referenced chapters of the Florida Statutes.
The following uses are exempt from the City's definition of gambling:
(1) the lottery regulated under Chapter 24, Florida Statutes.
(2) Penny-ante games pursuant to section 849.085, Florida Statutes.
(3) Condominium associations, cooperatives, homeowners associations, charitable,
nonprofit or veteran organizations authorized to hold drawings by chance, drawings, or
raffles pursuant to 849.0931 (2) through (9), and 849.0935, Florida Statutes.
(4) Game promotion in connection with the sale of consumer products or services
pursuant to 849.094, Florida Statutes.
(5) Bowling tournaments pursuant to section 849.141, Florida Statutes.
* * *
Secs. 1424~-142-70. -Reserved.
* * *
SECTION 2. CODIFICATION.
It is the intention of the City Commission, 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, as
amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or prov1s1on of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
3 of4
Page 21 of 37
PASSED and ADOPTED this __ day of _____ , 2017.
ATTEST:
Rafael E. Granado
City Clerk
First Reading:____ , 2017
Second Reading:____ , 2017
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline= new language
Strikethrough -deleted language
Philip Levine
Mayor
4 of4
RayfA,9{Jiia: 0fu/Att;rney
D~ .6 ~I I ~1 1--
Page 22 of 37
Ordinance s - R5 C
COMMIS S ION MEMORANDUM
TO:Honorable Mayor and Members of the C ity C ommission
FRO M:Raul J. Aguila, City Attorney
DAT E:May 12, 2017
F irst Reading
S U BJ E C T:A N O R D I NA NC E O F T HE MAYO R A ND C I T Y C O MMI S S I O N O F T HE C I T Y
O F MI A MI B E A C H, F L O R I D A, A ME ND I NG C HA P T E R 18, “B US I NE S S E S ,”
AT A RT I C L E V, “C A R D R O O MS” TO B E E NT I T L E D “R E S E RV E D ;”
A ME ND I NG S E C T I O NS 18-171 T HR O UG H 18-179, TO B E E NT I T L E D
“R E S E RV E D ” D E L E T I NG A L L R E F E R E NC E TO C A R D R O O MS I N
C HA P T E R 18; C HA P T E R 102 “TA X AT I O N,” A RT I C L E V, “L O C A L B US I NE S S
TA X ,” AT S E C T I O N 102-356 E NT I T L E D “C O NS T R UC T I O N O F A RT I C L E ;
D E F I NI T I O NS” B Y R E MO V I NG T HE D E F I NI T I O N O F “C A R D R O O MS”; A ND
S E C T I O N 102-379, E NT I T L E D “S C HE D UL E O F TA X E S , E F F E C T I V E
O C TO B E R 1, 2016” TO R E MO V E T HE B US I NE S S TA X F E E F O R
“C A R D R O O MS ;” P R O V I D I NG F O R C O D I F I C AT I O N; R E P E A L E R;
S E V E R A B I L I T Y; A ND A N E F F E C T I V E D AT E .
RE C OMME N DAT I ON
T he Administration recommends that the City Commission approve the above-referenced Ordinance
at First Reading and set a Second Reading Public Hearing for June 7, 2017
ANALY S I S
Pursuant to the request of C ommissioner J oy Malakoff, the attached Ordinance is submitted for
consideration at First R eading by the Mayor and City Commission at the May 12, 2017 Special
C ommission meeting.
L egislative T racking
Office of the C ity A ttorney
Sponsor
C ommissioner J oy Malakoff
ATTACHME N T S:
Page 23 of 37
De scription
ART IC LE V. CARD R OO M S ORD. 1st Rdg. (Malakoff)
Page 24 of 37
ORDINANCE NO. ------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18, "BUSINESSES," AT
ARTICLE V, "CARDROOMS" TO BE ENTITLED "RESERVED;" AMENDING
SECTIONS 18-171 THROUGH 18-179, TO BE ENTITLED "RESERVED"
DELETING ALL REFERENCE TO CARDROOMS IN CHAPTER 18; CHAPTER
102 "TAXATION," ARTICLE V, "LOCAL BUSINESS TAX," AT SECTION
102-356 ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS" BY
REMOVING THE DEFINITION OF "CARDROOMS"; AND SECTION 102-379,
ENTITLED "SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO
REMOVE THE BUSINESS TAX FEE FOR "CARDROOMS;" PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature in considering certain legislative amendments that
would allow the expansion of slot machines and casino gambling; and
WHEREAS, the City of Miami Beach has a long-standing policy against casino gambling
in Florida as evidenced by the following resolutions: 2017-29846, 2014-28529, 2011-27812,
2008-26927, and 2008-26925; and
WHEREAS, the legislation being considered would allow for casino operations that rival
in size and scope the gambling operations existing in Las Vegas and Atlantic City; and
WHEREAS, large scale casino operations cannibalize non-gambling businesses and
have caused the shuttering of forty percent of all restaurants and one-third of all retail
businesses in Atlantic City; and
WHEREAS, our community will bear the severe and painful economic and social costs
that always accompany expansive gambling, including the misery of individuals and families
touched by problem gambling as they are at higher risk of divorce, bankruptcy, child abuse,
domestic violence, crime and suicide; and
WHEREAS, expanded gambling promotes corruption of the governmental process as
immensely wealthy gambling companies from all over the world seek to receive benefits from
state governmental entities that regulate their existence and profits; and
WHEREAS, if gambling interests are allowed to obtain major casino expansion, full
scale casino and gambling operations will become commonplace throughout our community
and state; and
WHEREAS, the false promises of increased revenue and jobs, like the broken promises
that accompanied the lottery and other gambling expansions are intended to convince Floridians
to make a fool's gamble with their future; and
Page 1 Page 25 of 37
WHEREAS, the City of Miami Beach desires to continue to be a number one destination
for tourism and local growth to the economy by supporting independent hotels, restaurants and
entertainment, without the overwhelming introduction of gambling; and
WHEREAS, the Comprehensive Plan, at Objective 1: Land Development Regulations, at
Policy 1.2, is being amended to prohibit gambling and casino operations authorized pursuant to
chapters 550, and 551, Florida Statutes from operating in any land use category within the City
of Miami Beach; and
WHEREAS, the City of Miami Beach rejects any expansion of gambling into the City of
Miami Beach, and precludes any destination casinos from being authorized in our land
development regulations; and
WHEREAS, in order to prevent any confusion the reference to cardrooms in chapter
18 and 102 of the City Code shall be removed as a business as the use is not permitted; and
WHEREAS, it is in the best interest of the City to prohibit gambling for the general
health, safety, morals and welfare of the community; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 18, entitled "Businesses", at Article V "Cardrooms", at Sections 18-171
through 18-179 are hereby amended as follows:
CHAPTER18
BUSINESSES
ARTICLE V. -RESERVED CARDROOMS
Ses. 18 171. ApplisatioR form.
A special application for a cardroom license on a form prescribed by the city manager or his
designee must be completed and sul:Jmitted. This form shall include the names of five business
or professional men as reference.
Sec. 1 g 172. Submittal of floor plan.
A floor plan drawing of the cardroom premises, to include all doors, rooms, partitions,
closets and the locations of all telephones anEl windows, shall l:Je sul:Jmitted.
Sec. 1!l 173. Signs.
(a) A sign shall be erected on the main entrance Eloor of each carElroom, visible on the outsiEle,
Elesignating such room as a cardroom, anEl if in other than a hotel, motel, apartment house,
condominium or cooperative apartment, •.vhether open to the public or private, anEl the
hours of operation.
Page 2
Page 26 of 37
(s) VVhere the 13reffiises are in an e#ice suilding, and the cardreeffi entrance is net ceffi13letely
visisle freffi the ffiain entrance, a sign shall se 13reffiinently dis13layed in the lessy er
vestisule giving the naffie and lecatien ef any and all cardreeffis in such structure.
Sec. 1B 174. Entrance deers.
The A'Jain entrance deer te each cardreeffi shall reffiain unlecl~ed threugheut the heurs ef
e13eratien.
Sec. 18 175. Lecatien ef gaffies.
VI/here the licensed 13reffiises is a stere adjacent te the street, card 13laying will se
cenducted in the frent 13ertien ef the stere, visisle freffi the A'Jain entrance and net in a sack er
hideaway reeffi. Cendoicting er allewing a gaffie te se 13layed in a sack er hideaway reeffi er
sehind lecl~ed deers shall se grelJnds fer iffiffiediate revecatien ef a license granted lJnder this
article.
Sec. 18 176. GrelJnds fer refusal le isslJe license.
Ne license shall se issued under this article te any 13ersen cenvicted ef a feleny er gaffisling
vielatien, er te any cer13eratien whese efficers, directers er sharehelders have seen se
cenvicted; ner shall any 13ersen se effi13leyed in any ca13acity whatseever en the licensed
13reffiises whe has seen se cenvicted. If after the iswance ef a license lJnder this article it shall
a1313ear te the satisfactien ef the city ffianager that the licensee had seen cenvicted ef a feleny
13rier te the issuance ef such license er has seen rnnvicted ef a feleny during the life ef such
lisense, the \isense shall se reveked. In additien, where any persen is effi13leyed havin9 seen
cenvicted ef a feleny er gaffisling vielatien, and the licensee under this article refuses te
discharge slJch 13ersen u13en netice freffi the city ffiana9er, the license shall se revel<ed.
Sec. 18 177. lns13ectien sy sity autherized.
Cardreeffi licensees, sy the acce13tance ef their license, agree that their 13laces ef business
shall always be sul3ject le bein9 ins13ected by the autherized et1'113leyees ef the city during
business heurs er at any ether tiffie such 13reffiises are eccu13ied sy the licensee er ether
13ersens; hewever, the ins13ectien shall be liffiited te the cardreeffi and reeffis directly cennected
therete.
Sec. 18 178. A1313roval reqlJired fer alteratiens.
Any alteratiens te the licensed 13reffiises as shown on the fleer 13lan attached te the eriginal
a13131icatien ffiust have the a1313reval ef the city ffianager or his desi9nee, and any alteration
witheut such a1313reval shall be deemed 9reunds fer revocatien of any license 9ranted under this
article.
Sec. 18 179. Elmffi13tiens.
This article shall net a1313ly to any cardreeffi e13erated in a hotel, ffiotel, a13artffient holJse,
cendo, er ce e13 a13artffient, where the cardreeffi is ffiaintained fer the free use ef the guests or
eccu13ants ef the structure and is under the direct centre! ef the ewner or e13erater ef the
structure.
Page 3
Page 27 of 37
Secs. 18-170 4&:1----18-210. -Reserved.
Section 2. Chapter 18, entitled "Businesses", at Article V "Cardrooms", at Sections 18-171
through 18-179 are hereby amended as follows:
Chapter 102
TAXATION
ARTICLE V -LOCAL BUSINESS TAX
* * *
Sec. 102-356. -Construction of article; definitions
* * *
Cardroom means any room, store, o#ise, building, vessel or houseboat used, operated or
maintained for the purpose of providing facilities for sard playing for four or more persons, other
than the owners, operators or lessees thereof, whether or not admission, sever or service
charges are exacted.
* * *
Sec. 102-379. -Schedule of taxes, effective October 1, 2016
* * *
(d) Effective on October 1, 2009 (fiscal year 2009-2010), business tax receipt applications
shall be charged a $45.00 fee for the processing of new applications.
Occupation Code Business Tax Category Amount
c
95003700 Cabanas (each) 17.00
n~ n Cardrooms, including, but not limited to, bridge ~ ,997.GG
95003900 Carpet and rug cleaning 221.00
Page 4 Page 28 of 37
195000659 Casting office 191.00
* * *
SECTION 2. CODIFICATION.
It is the intention of the City Commission, 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, as
amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this __ day of _____ , 2017.
ATTEST:
Rafael E. Granado
City Clerk
First Reading:
Philip Levine
Mayor
Second Reading: -----------
APPROVED AS TO FORM
AND LANGUAGE ~L g;r;xEc¥Tl~~ fr?
Raul Aguila, City Attorn~
Underline = new language
ii>lril~ethrm19h =deleted language
Page 5
Page 29 of 37
Notices 1.
COMMIS S ION MEMORANDUM
TO:Honorable Mayor and Members of the C ity C ommission
FRO M:Jimmy L. Morales, City Manager
DAT E:May 12, 2017
S U BJ E C T:NO T I C E O F S P E C I A L C I T Y C O MMI S S I O N ME E T I NG TO C O NS I D E R
O R D I NA NC E S P R O HI B I T I NG G A MB L I NG A ND C A S I NO US E S I N A L L
Z O NI NG D I S T R I C T S O F T HE C I T Y O F MI A MI B E A C H A ND A ME ND I NG
C HA P T E R S 18 A ND 102 R E L AT I NG TO C A R D R O O MS - MAY 12, 2017 AT
2:00 P.M. F I R S T R E A D I NG , P UB L I C HE A R I NG
ANALY S I S
See attached Notice.
L egislative T racking
Office of the C ity C lerk
Sponsor
C ommissioner J oy Malakoff and Co-sponsored by Commissioner Ricky Arriola
ATTACHME N T S:
De scription
Notice
Page 30 of 37
CITY OF MIAMI BEACH
NOTICE OF SPECIAL CITY COMMISSION MEETING
TO CONSIDER ORDINANCES PROHIBITING GAMBLING AND
CASINO USES IN ALL ZONING DISTRICTS OF THE CITY OF
MIAMI BEACH AND AMENDING CHAPTERS 18 AND 102
RELATING TO CARDROOMS
MAY 12, 2017 AT 2:00 P.M. - CITY COMMISSION
FIRST READING, PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of Miami Beach, Florida, will hold a Special
City Commission Meeting, pursuant to Section 2.04 of the City Charter, on May 12, 2017 at 2:00 p.m.
(FIRST READINGS, PUBLIC HEARINGS), in the Commission Chamber, Third Floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida, to hold discussions and public hearings on the following
Ordinances:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE
PLAN, BY AMENDING CHAPTER 1, ENTITLED “FUTURE LAND USE ELEMENT;”
“OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS,” TO PROHIBIT ANY FORM OF
GAMBLING OR CASINO USE AS DELINEATED IN CHAPTER 546 AND 550, FLORIDA
STATUTES; PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR INCLUSION IN
THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE. This Ordinance is being heard pursuant to Sections 118-163 and 118-164
of the City’s Land Development Code. Inquiries may be directed to the Planning Department at
305.673.7550.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 142 “ZONING DISTRICT REGULATIONS;”
AMENDING ARTICLE 1, “IN GENERAL” TO BE ENTITLED “GENERAL TO ALL ZONING
DISTRICTS;” AT SECTION 142-1 TO BE ENTITLED: “ GAMBLING AND CASINOS ARE A
PROHIBITED USE IN THE CITY OF MIAMI BEACH;” PROHIBITING MAIN, CONDITIONAL
AND ACCESSORY USES RELATING TO GAMBLING AND CASINOS; PROVIDING FOR
EXEMPTIONS UNDER STATE LAW; PROVIDING FOR APPLICABILITY/ RETROACTIVE
APPLICATION TO FIRST READING; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to
Section 118-164 of the City’s Land Development Code. Inquiries may be directed to the
Planning Department at 305.673.7550.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 18, “BUSINESSES,” AT ARTICLE V,
“CARDROOMS” TO BE ENTITLED “RESERVED;” AMENDING SECTIONS 18-171 THROUGH
18-179, TO BE ENTITLED “RESERVED” DELETING ALL REFERENCE TO CARDROOMS IN
CHAPTER 18; CHAPTER 102 “TAXATION,” ARTICLE V, “LOCAL BUSINESS TAX,” AT
SECTION 102-356 ENTITLED “CONSTRUCTION OF ARTICLE; DEFINITIONS” BY
REMOVING THE DEFINITION OF “CARDROOMS”; AND SECTION 102 -379, ENTITLED
“SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016” TO REMOVE THE BUSINESS TAX
FEE FOR “CARDROOMS;” PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City
Charter and §166.041 F.S.
Page 31 of 37
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express
their views in writing addressed to the City Commission, c/o the Office of the City Clerk, 1700 Convention
Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. Copies of these items are available for public
inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1 st
Floor, City Hall, Miami Beach, Florida 33139. These meetings, or any item therein, may be continued, and
under such circumstances, additional legal notice need not be provided.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal
any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,
such person must ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the
City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
To request this material in alternate format, sign language interpreter (five-day notice required), information on
access for persons with disabilities, and/or any accommodation to review any document or participate in any
city-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY
users may call via 711 (Florida Relay Service).
Members of the public may present audio/visual (AV) materials relating to Agenda Items at City Commission
meetings held in the Commission Chamber by utilizing the City’s AV equipment, provided that materials are
submitted to the Department of Marketing and Communications by 8:30 a.m., one (1) business day prior to the
meeting. Advance submittal of a presentation will allow the Communications Department to plan for the use of
the appropriate AV equipment. AV materials may be submitted via email at
communications@miamibeachfl.gov ; or hand delivered in a jump drive, CD or DVD to: Attention: Department
of Marketing and Communications, 1700 Convention Center Drive, First Floor Conference Room, Miami
Beach, FL 33139. Presentations, videos or links must include a label noting the name or group, contact
person, daytime telephone number, email address, description/title of the presentation and Agenda Item Title
as well as the Agenda Item number. Acceptable formats for electronic submission are .pdf, .ppt, .pptx, .pps,
.ppsx, .wmv, .avi and .mov. (Note that .pdf is the preferred format for PowerPoint presentations.)
Rafael E. Granado, City Clerk
City of Miami Beach
Ad 1323B
Page 32 of 37
Notices 2.
COMMIS S ION MEMORANDUM
TO:Honorable Mayor and Members of the C ity C ommission
FRO M:Jimmy L. Morales, City Manager
DAT E:May 12, 2017
S U BJ E C T:R E Q UE S T TO HO L D A S P E C I A L ME E T I NG O F T HE C I T Y C O MMI S S I O N.
ANALY S I S
See memorandum attached.
L egislative T racking
Office of the C ity Manager
Sponsor
Sponsored by C ommissioner J oy Malakoff and Co-sponsored by Commissioner R icky A rriola
ATTACHME N T S:
De scription
Memorandum
Page 33 of 37
TO: Mayor Philip Levine and Mem
FROM: Jimmy L. Morales, City
DATE: May 1, 2017
ers of the ty Commission
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
SUBJECT: Request to Hold a Special Meeting of the City Commission
Pursuant to 2.04 of the City Charter, I hereby request that a Special Meeting of the City
Commission be called in the Commission Chamber, Third Floor, City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, for Friday, May 12, 2017 at 2:00 p.m., for the following
purpose:
First Reading of the following ordinances:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI
BEACH YEAR 2025 COMPREHENSIVE PLAN, BY AMENDING
CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;"
"OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," TO
PROHIBIT ANY FORM OF GAMBLING OR CASINO USE AS
DELINEATED IN CHAPTER 546 AND 550, FLORIDA STATUTES;
PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142
"ZONING DISTRICT REGULATIONS;" AMENDING ARTICLE 1, "IN
GENERAL" TO BE ENTITLED "GENERAL TO ALL ZONING
DISTRICTS;" AT SECTION 142-1 TO BE ENTITLED: "GAMBLING
AND CASINOS ARE A PROHIBITED USE IN THE CITY OF MIAMI
BEACH;" PROHIBITING MAIN, CONDITIONAL AND ACCESSORY
USES RELATING TO GAMBLING AND CASINOS; PROVIDING FOR
EXEMPTIONS UNDER STATE LAW; PROVIDING FOR
APPLICABILITY/ RETROACTIVE APPLICATION TO FIRST READING;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
Page 34 of 37
Commission Memorandum
6881 Indian Creek Drive — Future Land Use Map Amendment
April 26, 2017
Page 2 of 2
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18, "BUSINESSES," AT
ARTICLE V, "CARDROOMS" TO BE ENTITLED "RESERVED;" AMENDING
SECTIONS 18-171 THROUGH 18-179, TO BE ENTITLED "RESERVED"
DELETING ALL REFERENCE TO CARDROOMS IN CHAPTER 18; CHAPTER
102 "TAXATION," ARTICLE V, "LOCAL BUSINESS TAX," AT SECTION 102-
356 ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS" BY
REMOVING THE DEFINITION OF "CARDROOMS"; AND SECTION 102-379,
ENTITLED "SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO
REMOVE THE BUSINESS TAX FEE FOR "CARDROOMS;" PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
(Sponsored by Commissioner Joy Malakoff)
Page 35 of 37
Notices 3.
COMMIS S ION MEMORANDUM
TO:Honorable Mayor and Members of the C ity C ommission
FRO M:Jimmy L. Morales, City Manager
DAT E:May 12, 2017
S U BJ E C T:A D V E RT I S E ME NT S F O R T HE MAY 12, 2017 S P E C I A L C O MMI S S I O N
ME E T I NG.
L egislative T racking
Office of the C ity C lerk
ATTACHME N T S:
De scription
Ad
Page 36 of 37
FRIOlO NAT 5 141
1011AAOIH£RALD.CSM
f1R1 fcllta Americas 19A
HA
MIAIBEACH
CITY OF MIAMI BEACH
NOTICE OF SPECIAL CITY COMMISSION MEETING
TO CONSIDER ORDINANCES PROHIBITING GAMBLING AND CASINO USES IN ALL
ZONING DISTRICTS OF THE CITY OF MIAMI BEACH AND AMENDING CHAPTERS 18
AND 102 RELATING TO CARDROOMS
MAY 12, 2017 AT 2:00 P.M. - CITY COMMISSION
FIRST READING, PUBLIC HEARING
NOTICE IS HEREBY given that the CE1y Commission of the City of Miamiit Beach, Florida, will hold a Special City Commission Meeting, pursuant to Section 2.04 of the Chy Charier, on
May 12, 2017 at 2:00 p.m. (FIRST READINGS, PUBLIC HEARINGS), in the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, to hold
discussions and public hearings on the following Ordinances:
2:01 p.m.
AN ORDINANCE OF TH E MAYOR AN D CITY COMMISSION OF THE CIT Y OF MIAMI BEACH, FLORIDA AMENDING THE C ITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE
PLAN, BY AMENDING CHAPTER I, ENTITLED "FUTURE LAND USE ELEMENT;' "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS,' TO PROHIBIT ANY FORM OF
GAMBLING AND CASINO USES AS DELINEATED IN CHAPTER 550 AND 561, FLORIDA STATUTES; PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR INCLUSION
IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE Tins Ordinance is being heard pursuant to Sections 118 -183 and
119484 Of the Clty'e Land Development Code. Intivi vas may be d(r60ted 10 fie Planning 05paritnefat at 305,073.7550.
2:02 p.m.
AN ORDINANCE OFTHE MAYOR AND CRY COMMISSION OF THE CRY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICT REGULATIONS;"
AMENDING ARTICLE 1, "IN GENERAL` TO BE ENTITLED "GENERAL TO ALL ZONING DISTRICTS ;' AT SECTION 142 -1 TO BE ENTITLED; "GAMBLING AND CASINOS
ARE A PROHIBITED USE IN THE CITY OF MIAMI BEACH;" PROHIBITING MAIN, CONDITIONAL AND ACCESSORY USES RELATING TO GAMBLING AND CASINOS;
PROVIDING FOR EXEMPTIONS UNDER STATE LAW; PROVIDING FOR APPLICABILITY/ RETROACTIVE APPLICATION TO FIRST READING; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE This Ordinance is bang heard pursuana to Section 1112 -154 of the City's Land DeveloprrlenI Code.
Inquiries maybe directed 10 the Panning Daparimant al 205.072.7550
2:03 p.m.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CRY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18, "BUSINESSES,' AT ARTICLE V,
CARDROOMS" TO BE ENTITLED "RESERVED;" AMENDING SECTIONS 18-171 THROUGH 18 -179, TO BE ENTITLED "RESERVED" DELETING ALL REFERENCE TO
CARDROOMS IN CHAPTER 18 CHAPTER 102 'TAXATION,' ARTICLE V, 'LOCAL BUSINESS TAX," AT SECTION 102 -356 ENTITLED "CONSTRUCTION OF ARTICLE;
DEFINITIONS" BY REMOVING THE DEFINITION OF "CARDROOMS"; AND SECTION 102 -379, ENTITLED "SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO
REMOVE THE BUSINESS TAX FEE FOR "CARDROOMS;' PROVIDING FOR CODIFICATION; REPEALER SEVERABILITY; AND AN EFFECTIVE DATE This Ordinance is
being heard pursuant / to 0001100 210 03 the Clay Charter and §186.041 F.S.
INTERESTED PARTIES are Invited 10 appear 011011 meeting, or be represented by an agent, or t0 express lhelr views In Wilting addressed to the City Commission. C/o the 011105 01 the
City Clerk, 1700 Convention Caviler Drive, I s1 Floor, City Hall, Miami Beach, Florida 33139. Copies al these Hems are available for public Inspection during normal business hours in
the Office of the Clly Clerk, 1700 Convention Censer Drive, 1st Floor, City Hall, Miami Beach, Rorlda 33139. These meetings, or any Vern therein, may be conlinuad, and under such
circumstances, additional legal notice need net he provided.
Pursuant 10 050110n 280.0105, Fla. SW., . the City hereby advises the 510110 that 11 a person (Mollies to appeal any decision made oy 1114 City Commission with respect 10 any matter
Considered at Its meeting Or Its hearing, such person must ensure Mat a 55ma1151 record 011he proceedings Is made, which 150014 includes the testimony and evidence upon which
the appeal Is to be based. This notice does not corrstilute consent by the City for the Introduction or admission of dhcrwiso Inadmissible 01 irretevant evidence, nor does it authorize
challenges Or appeals not otherwise allowed Dy law.
To request this material In atlemate format, sign language lmerpreter (1156 -day notice required), Inlomlanon on access ixr persons with disabilities, and/or any aCCOmmOdatlon
to review any document or participate in any city- sponsored proceedings, call 305.6042489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via
711 (Ronda Relay Service).
Members of the public may present audiovisual (AV) materials retaling to Agenda Items at City Commission meetings held in the Commission Chamber by 010151ng the
0ity'5 AV equipment provided that Materials are submitted t0 the Deparllllent 01 Marketing and Communications by 930 a.m.. one 11) business day prior 10 111e meeting.
Advance submittal of a presentation will allow the Communications Department lo plan lor the use of the appropriate AV equipment. AV materials may be submitted via email at
corm unica0onsa n iamib050hl.gov, or hand delivered In a)ump drive, CD or CND 10: Attention; Department of Marketing and Communications, 1700 Convention Center 51105, First Floor
Conference Room, Mlanll Beach, FL 33139. Presentations, videos Or links must Include a label noting Me name or group, contact person, daytime telephone number, email address,
description/lite of the presentation and Agenda /term Title as well an the Agenda llem number. Acceptable fomrats for electronic submission are .pot, .ppl, .ppix, .pps, .ppsx, .wrnv, .art
and .moo. (Nate deal 4pd1 is the preferred fonmal for PowerPainl presentations.)
Ad 1320
Rafael E. Granada, Clly Clerk
CI1y 01 heard Beach
Page 37 of 37