20170628 SM1MIAMIBEACH
Gommission Meeting
SUPPLEMENTAL MATERIAL 1 (612312017)
City Hall, Commission Chambers, 3'd Floor, 1700 Convention Genter Drive
June 28,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Com missioner Micky Steinberg
City Manager
Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E.
Granado
Visif us at www.miamibeachfl.gov for agendas and video "streaming"
of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Ghapter 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
Commission, 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 City
Attorney.
SUPPLEMENTAL AGENDA
G7 - Resolutions
C7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, REPEALING RESOLUTION NO. 2017-29907 AND CALLING FOR A SPECIAL
ELECTION
ON NOVEMBER 7,2017, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE
OF THE CITY
OF MIAMI BEACH, FLORIDA A BALLOT QUESTION ASKING
WHETHER THE CITY COMMISSION SHALLADOPT AN ORDINANCE CHANGING THE
CURRENT
5:00 A.M. TERMINATION TIME TO 2:00 A.M. FOR THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES ON PRIVATE PROPERTY AT ALCOHOLIC BEVERAGE
ESTABLISHMENTS LOCATED ON OCEAN DRIVE FROM sTH TO 1sTH STREETS, EXEMPTING
FROM THIS TIME CHANGE THOSE INDOOR PORTIONS OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED ENTIRELYWITHIN
HOTELS.
Office of the City Attorney
Mayor Philip Levine
Supplemental updated on 612312017
(Memorandum & Resolution)
1
THIS PAGE INTENTIONALLY LEFT BLANK
2
Resolutions - C7 A
GOMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Raul
J. Aguila, City Aftorney
June 28,2017
MIAAAI BEACH
TO:
FROM:
DATE:
SUBJECTA RESOLUTION
OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO. 2017-29907 AND
CALLING FOR A SPECIAL ELECTION
ON NOVEMBER 7, 2A17, FOR THE
PURPOSE
OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI
BEACH, FLORIDA A BALLOT QUESTION ASKING WHETHER THE CITY
COMMISSION SHALL ADOPT AN ORDINANCE CHANGING THE CURRENT 5:00
A.M. TERMINATION TIME TO 2:00 A.M. FOR THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES
ON PRIVATE PROPERTYAT ALCOHOLIC BEVERAGE
ESTABLISHMENTS LOCATED ON OCEAN DRIVE FROM
sTH TO 15TH
STREETS, EXEMPTING FROM THIS TIME CHANGE THOSE INDOOR
PORTIONS
OF ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE
COMPLETELY ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS.
ANALYSIS
See Memorandum attached.
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Philip Levine
ATTACHMENTS:
Description
o Memo
Special Election 2 AM Ocean Drive Ballot Question (Levine)
o Call lor Special Election 2 AM Ocean Drive Ballot Question (Levine)
Page 36 ot237
3
OFTICE OT THE CIW ATTORNEY
RAUL
J. AGUIIA, CITY ATTORNEY
IO:
COMt\dlSSl ON MEAAORAN D UM
Mayor Philip Levine
Members of the City Commission
Jimmy L. Morales, City Manager
cc:
From:
Date:
SubJect:
RafaelGranado, City Cle* /\ {
Raurr. Asuila, cityAttornefi te.---,
U*'f-
June 28, 2017
A RESOLUTION OF THE IIJIAYON AND CITY COMUISSION OF THE
CITY OF MIAIIII BEACH, FLORIDA, REPEALING RESOLUTION NO.
2A17.29907 AND CALLING FOR
A SFECIAL ELECTION ON
NOVEUBER 7, e017, FOR
fiE PURPOSE
OF SUBiilt:ITtHG TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT
QUESTION ASKING UI'HETHER THE CITY COi/IilII$SION $HALL
ADOPT AN ORDINANGE CHANGING
THE CURRENT
5:00 A.it,
TER!,INATION TIIJIE TO 2:OO
A.T,I, FOR THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES
ON PRIVATE
PROPERTY AT ALCOHOLIC BEVERAGE ESTABLISHMENTS
LOCATED ON OCEAN DRIVE FROM sTH
TO TSTH STREETS,
EXEIIjIFTING FROITI THIS TIME CHANGE THOSE INOOOR
PORTIONS
OF ALGOHOLIC BEVERAGE ESTABLISHMENTS
THAT ARE
COIT{PLETELY ET'ICLOSED AND LOGATED ENTIRELY WTHIN
HOTELS.
On June 7,?:017, the Mayor and City Commission adopted Resolution Ns. 2017-29907, calling
for a special
election on Novembsr 7
, 2017 , for the purpose of submitting to the electorate of
the
City of Miami Beach, Florida, a ballot question asking whether the City Commission shall adopt
an Ordinance terminating at 2:00 a.m. {instead of 5:00 a.m.)
the sale and consumption of
alcoholic beverages at alcoholic beverage establishments located on Ocean Drive between 5th
and 15th Streets, exempting indoor portions
of alcoholic beverage establishments
that are
completely enclosed and located entirely within hotels, and requiring a 5ffths vote of the City
Commission to anrend or repeal the Ordinance.
The adoption of the attached Resolution repealing Resolutisn No. 2017-29S07 and calling for a
special elec{ion is necessary to correct a scrivener's effor and to clarify that the ballot measure
proposed therein is not a straw ballot. Additionally, after fu*her research,
the City Attomey has
revised the text, without altering the substance, of the ballot question.
The Office of the City Attorney hereby requests that
the Mayor and City Commission adopt the
Resolution.
Page 37 of237
4
The text of the proposed ballot question is as follows:
City law eurrently allows the sale and consumption of
alcoholic beverages on private property at alcoholic beverage
establishments located
on Ocean Driv* from 5th to {Sth
$treets from 8:00 a.m. until 5:00 a.m. the following
day. $hall
an Ordinance be adopted changing this current 5:00 a,m.
termination time to 2:00 a.m., exempting from this tims
change tho*e indoor portions
of alcoholic beverage
establishments that are complet*ly enclosed
and losated
entirely withi n hotels?
Notably, the ballst question exempts frorn the 2:00 a.m. time change those indoor portions of
alcoholis beverage establishments that are complelely enclosed
and located entirely within
hotels.
By limiting the operation of alcoholic beverage establishments to certain indoor
areas between
the hours of 2:00 a.m. and 5:00 a.rn., the proposed Ordinance would remove opportunities
for
interaction between (i) patrons
of alcoholic beverage establishments and (ii) individuals
congregating on the sidewalks or cruising in vehicles
for purposes of disturbing the community
and engaging in criminal mischief. Additionally, restricting
the operation of cartain alcoholic
beverage establishments ta indoor areas will reduce the incidence of excessive noise and other
nuisances in the surounding neighborhocd.
More specifically, the exemption for indoor areas of alcoholic beverage establishments within
hoiels is supported hy the fac{ that hotels, with enclosed lobbies, are far more likely to operate
less intense and less
boisterous alcoholic beverage establishments than standalone operations,
in order to minimize disturbances to hotel guests. When the MXE district was created in
the mid-
1g80s, the intent was to promote sidewalk cafes located on the exterior areas of architecturally
significant hotels, not
to promote 5:00 a.m. drinking establishments on outdoor terraces. Limiting
late-night drinking establishments to fully enclosed hotels is consistent with the policies
supporting the creation of the MXE district.
Page 38 of237
5
RE$OLUTION NO.
A RESOLUTION OF THE tr'IAYOR AND CITY CONiMISEION
OT
THE CITY OF MIAMI AEACH, FLORICIA, REPEALING
RESOLUTION NO. 20{?-29907 AND CALLINC FOR
A SPECIAL
ELECTIOI'I ON NOVEIIIIBER 7, 2917, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF IiIAMI
BEACH, FLORIDA A BALLOT QUESTION ASKING WHETHER
THE CITY COMMI$SION SHALL ADOPT AN ORDINA}ICE
CHA!.IGIHG THE CURRENT 5:00 A.M. TERMINATION TlmE TO
2:00 A.M. FoR THE $ALE
ANI OONSUMPTION
oF
ALCOHOLIC BEVERAGES ON PRIVATE PROPERTY AT
ALSOHOLIC BEVERAGE ESTABLBHNiENTS LOCATED ON
OCEAN DRIVE FROM sTH TO 15T}' STREETS, EXEI'PTING
FROM THIS TIME CHANGE THOSE INDOOR PORTIONS OF
ALCOHOLIC BEVERAGE ESTABLISHMENTS
THAT ARE
COiNPLETELY EHCLOSED AITID LOCATED ENTIfrELY III'ITHIN
HOTELS.
BE IT RESOLVED BY THE MAYOR AND CITY CCIMNillsSION
OF THE GITY OF
MIAITiI BEJICH:
SECTION {.
ln accordance with provisions of the Oharter of
the City of Miami Beach,
Florida, and
the
general laws of the $tate of Florida, a Special Election is hereby called and directed to be held
in the City of Miami Beach, Florida, from 7:00 a.m.
to 7:00 p.m. on Tuesday, November
7,2A17,
for
the purpose of submitting to the electorate the question as set forth hereinafier.
sEcTloN 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the
Special Election hereby called, with acceptance of the certification of the results of the Special
Elec{ion to be performed by the City
Commission. The official returns for each precinct shall be
furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts
have been tabulated.
sEcTloN 3.
That the voting precincts in
the City of this Special Election shall
be as established by
the proper and appropriate Miami-Dade County election officials. All electors shall vote at the
polling places and the voting precinc{s
as determined by
the Miami-Dade County election
officials,l
1 Pursuant to City Code section 38-3{b}: "The City Clerk shall further publish, in a newspaper
meeting the requirements set forlh in Florida Statutes $ 5CI.031
and on the City's website, the
polling places for the election twice, once in
the third week and once in
the first week prior to the
week in which the election is to be held."
Page 39 of237
6
sEcTroN 4.
Not fewer than thirty days' notice of the adoption of this Resolution and of its provisions
calling this Special Election shall be given by publication in the Miami Herald, a newspaper of
general circulation in Miami Beach, Miarni-Dade County, Florida. Such publication shall be
made in accordance with the provisions of Section 100.342, Florida Statutes, and $ection 38-3
of the Code of the City of Miami Beach.
SEGTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NCITICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPEC]AL ELECTION HAS BEEN CALLED
BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIOA, AND WLL BE HELD lN $AlD CITY FROM 7:00
A.M. UNTIL 7;00
P.M, ON NOVEMBER 7, 2A17, AT WHICH TIME THERE SHALL BE
SUBMITTED TCI THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOW|NG QUESTION:
Chanqinq alcoholip. hPJ_eraEe sales/consurnption termination tim.g
o[ Oqg,gn Drive from 5th to lSth StreeG
City law currently allows the sale and consumption of alcoholic beverages on private
property at alcoholic beverage establishments located on Ocean Drive from 5th
to 15th
Streets from 8:00 a.m. until 5:00 a,m. the following day. Shall an Ordinance be adopted
changing this current 5:00 a,m. termination time to 2:00 a.m., exempting from
this time
change those indoor portions of alcoholic beverage establishments that are completely
enclosEd and located entirely within hotels?
YES
NO
The Notice shall further set forth pertinent information regarding eligibility of electors
to
participate in this Election.
SECTtOtt 6.
That the official ballot to be used in the Special Election to be held on November 7,
2017, hereby called, shall be in subetantially the following form, to wit:
2
Page 4C
of 237
7
OFFICIAL BALLOT
Chanqins alcoholic beveraq*sales/consumption termination time
City law currantly allowr the sale and consumption of alcoholic beverages on private
property at alcoholic beverage estahlishments located on Ocean Drive frorn Sth to t$th
Streats from 8:00 a.m. untll 5:00 a.m. the following day. Shall an Ordinance he adopted
changing this current 5:00 a,m.
termination tirne to 2:00 a.m., exempting from this time
change those indoor portions of alcoholic beverage establishments that are completely
enclosed and located entirely within hotels?
sEcTloN 7.
The form of
the ballots to be used in this Special Election and their preparation shall be
in compliance with all
statutory requirements relating
to the use
of mechanical or other approved
voting machines or devices.
sEcTlpN 8:
Registration of persons desiring to vote in
the Special Election shall be in accordance
with the general law of the State of Florida governing voter
registration. Qualified persons may
obtain registration fonns to vote at the Office of
the Ci$ Clerk, City Hall, 1700 Convention
Center Drive, First Floor, Miami Beach, Florida 33139, during nonnal business hours, and at
such other voter registration centers and during such times as may be provided
by the
Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of
Elections will register voters for this Special Election until 5:00 p.m" on Tuesday, October 10,
z!fi. All persons eligible to vote in this Special Election must be registered befare the time and
date set forth herein or have registered previously, as provided by law. Each pereon desiring to
become a registered voter shall be responsible for properly filling out the registration form and
returning it to the Miami-Dade County Elections Department. All questions conceming voter
registration should be directed to the Miami-Dade County Elections Department, 2700 NW 87
Avenue, Doral, Florida 33172; Telephone: (305) 4gg-VOTE (8683).
sFcroN s.
That voters participating via a Vote*by-Mail ballot in this $pecial Election shall be entitled
to cast their ballots in accordance with the provisions of the Laws of the State of Florida with
respect to such voting.
3
Page41 of237
NO
8
sEcTloN't0,
That the Gity of Miami Beach shall pay all expenses for conducting this
$pecial Electicn
and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice
or
statement approved by the $upervisor of Elections of Miami-Dade County, Florida.
sEcrtoN {r.
lf any section, sentence, clause or phrase of the ballot measure set forth above in this
Resolution is held to he invalid or unconetitutional by any court of competent jurisdiction, then
the holding shall in no way affect the validity of the remaining portions of the ballot measure.
sEcTloN,l2.
This Resolution shall be effective imrnediately upon its passage.
FA$$ED and ADOFTED this day of
ATTEST:
Rafael E. Granado
City Clerk
{Sponsored by Mayor Philip Levine)
2417.
Philip Levine
Mayor
APPROVED ASTO
FOI?M & ISNGUAGE
& TOR.EXECUTIONil I Ur tr 6-)r r"?
CituAltomev Dote
IJK
F:\ATTO\I(ALN\BALLOT QUESTION\2 A{ril Ocean Dltye Ballo,
Queition RE$O {t-evlne) (amended lor S28-17 Cg) (tlew lorm).doc}
4
Page 42 of 237
9
BALLOT QUESTION AND PROPOSED CITY ORNINANCE
NOVEMBER 7, 2OI7 SPEGIAL ELECTION
I. BALLOT SUESTION:
Chanuino alcoholic beverage saleslconsumpti,pn termination time
on Ocean Drive from Sth ta,1,5lt,*treets
City law cunently allows the sale and consumption of alcoholic beverages on private property at
alcoholic beverage establishments located on Ocean Orive from Sth
to 15th Streets
from 8:00
a.m. until 5:00 a.m. the following day. $hall an Ordinance
be adopted changing
this current
5:00 a.m. termination time
to 2:00 a.m., exempting from this time change
those indoor portions
of alcoholic beverage establishments that are completely enclosed
and located entirely within
hotels?
YE$
NO
II. PROPOSED CITY
ORDINANCE:
CHAPTER I42
ZONING DISTRICTS AND REGULATIONS
*!a*
ARTIGLE II.
- DISTRICT REGULATIONS
DlvlSlON {3. * MXE f,AfXEg Ure ,NT=RTAINII'IENT DISTRICT
*l*
Sec. '142-551. Additional resulations for alcoholic beveraqe establishments.
lg) Hours of sale. Notwithstanding the reoulations set forth in sectlon 6-3. alpohnlic
beveraqes shall.npt b-e offered for sale or consurnption between thg,,hours
of ?;00 a.m.
and 8:00 a.m. at alcoholic beverase establishments located between Qcean Court to
the
west. Ocean Drivetothe east" Sth
Strej?J.tgthe south..and 15th $treettothe north.
{S} Sxcapfinrs" Netwithstanding subsection (a), and onlv as applicable to indoor oortions of
alcqholic bp.yerase establishments that atE completely enclosed and located entirelv
within hotels located between Ocean Court to the west. Ocean Drive to the east. Sth
$treet to the south. and 15th Street to the north. alcqholip beverages shall not be offered
fsr Salp_ or c",pnsumpllon between
the hour$
of {:00 a-m. and 8:00 a.m.
5
Page 43
of 237
10