Loading...
2012-28093 Reso RESOLUTION NO. 2012-28093 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE EXTENSION OF HOURS FOR CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS WITH A 5:00 A.M. LIQUOR LICENSE AND UNDER CERTAIN SPECIFIED CONDITIONS PURSUANT TO SECTION 6 OF THE CITY CODE FOR WINTER PARTY (MARCH 8 — 9, 2013) AND WHITE PARTY (NOVEMBER 299 30, 2013) AS RECOMMENDED BY THE LAND USE AND DEVELOPMENT COMMITTEE. WHEREAS, the City of Miami Beach is an international tourist destination known for its many attributes including its vibrant nightlife; and WHEREAS, the festivities on New Year's Eve and during other major event days and weekends in the City carry over into the early hours of the morning; and WHEREAS, in order to address the special circumstances for celebration which occur on New Year's Eve, and during other major event days and weekends within the City of Miami Beach the Mayor and City Commission codified in Section 6-3 7 of the City Code an y y ( ) y , established policy of allowing alcoholic beverage establishments with a 5:00 a.m. liquor license to continue to sell and serve alcoholic beverages for on-premises consumption until 7:00 a.m. during designated major event days or weekends; and WHEREAS, the City's Major Events Plan and Special Event Guidelines, as most recently approved by the City Commission via Resolution No. 2008-26908, already designates Winter Party and White Party as a "major event period," which makes these events eligible for the extension of hours subject to the conditions established in the City Code; and WHEREAS, the Land Use and Development Committee considered this matter at its November 5, 2012 meeting recommended the extension of hours for the Winter Party and White Party 2013. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the extension of hours for certain alcoholic beverage establishments with a 5:00 A.M. liquor license, and under certain specified conditions pursuant to Section 6-3(7) of the City Code, is hereby approved for the weekends of Winter Party 2013 and White Party 2013, as recommended by the Land Use and Development Committee. PASSED AND ADOPTED this I)fh day of &C&."ber, , 2012. ATTEST: o •.C� CITY CLERK �' OR INCORP ORATED: APPROVED AS TO RIM ANGAUGE Cf �, F XECUTION Ci A torney Date TAAGFNnA\?019\19-12-19\AIr.RPVFxtHrs rnmmissinn RFRO 9019 dor. COMMISSION ITEM SUMMARY Condensed Title: A resolution approving the extension of hours for certain alcoholic beverage establishments with 5:00 a.m. liquor license and under certain specified conditions pursuant to Section 6 of the City Code for Winter Party (March 8-9, 2013) and white party(November 29, 30, 2013), as recommended by the Land Use and Development Committee. Key Intended Outcome Supported: Maximize Miami Beach as a Destination Brand Supporting Data (Surveys, Environmental Scan,etc.): N/A Item Summa /Recommendation: This item was referred to the Land Use and Development Committee by Mayor Bower,on behalf of the GLBT Committee, at the September 15, 2010, City Commission Meeting. Since 2000, the City Commission has been allowing alcoholic beverage establishments that hold 5:00 a.m. occupational licenses to extend their hours of operation to 7 a.m. during holiday or major event weekend; most commonly approved for New Year's Day and, since 2007, during Winter Music Conference. There have also been times when hours were extended for Thanksgiving Weekend and Sleepless Night. This has been done each time by resolution imposing certain conditions. As provided for in City Code, the City Manager may suspend the extension at any time to protect public safety, health or welfare. In 2007,via Ordinance No.2007-3556,the Commission amended Chapter 6 of the City Code entitled Alcoholic Beverages, to permit alcoholic beverage establishments which hold 5:00 a.m.occupational licenses to extend their hours of operation to 7 a.m.on New Year's Day without further action required of the Commission.The amendment also included language in the ordinance providing a mechanism for an extension of hours on other days to be considered and subsequently submitted for the Commission's consideration and approval via a resolution.A request for the extension of hours may be placed on the agenda by the City Manager or a Commissioner, for the Commissions' consideration. Pursuant to Section 6-3 Subsection 7 of the City Code,the City Commission may approve additional major event days or weekends to allow alcoholic beverage establishments that hold 5:00 a.m. occupational licenses to extend their hours of operation to 7 a.m.The City's Major Events Plan and Special Event Guidelines already designate White Party and Winter Party as"major event periods." Therefore, these events are eligible for the extension of hours subject to the conditions established in the City Code. Please note that if extension is granted by the City Commission for White Party and Winter Party,then it will apply to ALL alcoholic beverage establishments in the City(meeting the criteria under the Ordinance)and NOT just those establishments catering to a GLBT clientele).Although the GLBT Committee requested the extension of hours during four events, LUDC recommended only two. Advisory Board Recommendation: The Land Use and Development Committee considered this matter at its November 5,2012 meeting and recommended the extension of hours only for the White Party and Winter Party. Financial Information: Source of Funds: Amount Account Approved 1 2 OBPI Total ancial Impact Summary: Special deployment was not required for this in the past, but there may be a need to hold over ding over a shift to ensure the provisions of the ordinance are appropriately followed. City Clerk's Office Legislative Tracking: Max Sklar, ext. 6116 Sign-Offs: Department Director Ariis ant Ci Manager City lAnager 1 T:\AGENDA\2012\12-12-12\AlcBevExtHrs Commission S 012.doc AGENDA ITEM W?C MIAMIBEACH � DATE J�J-Q-J Z- MIAMI BEACH City of Miami Heath, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor Matti H. Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: December 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE EXTENSION OF HOURS FOR CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS WITH A 5:00 A.M. LIQUOR LICENSE AND UNDER CERTAIN SPECIFIED CONDITIONS PURSUANT TO SECTION 6 OF THE CITY CODE FOR WINTER PARTY (MARCH 8 — % 2013) AND WHITE PARTY (NOVEMBER 29, 309 2013) AS RECOMMENDED BY THE LAND USE AND DEVELOPMENT COMMITTEE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Maximize Miami Beach as a Destination Brand BACKGROUND This item was referred to the Land Use and Development Committee by Commissioner Gongora at the September 12, 2012, City Commission Meeting. Since 2000,the City Commission has been allowing alcoholic beverage establishments that hold 5:00 a.m. Business Tax Receipts(BTR)to extend their hours of operation to 7 a.m.during holiday or major event weekend; most commonly approved for New Year's Day and, since 2007 during Winter Music Conference. There have also been times when hours were extended for Thanksgiving Weekend and Sleepless Night. This has been done each time by resolution imposing certain conditions. These conditions include: 1) the Police Department and the Code Compliance Division of the City must be notified by letter, received no later than fifteen (15)business days prior to either a)January 1 st or b) the day on which the alcohol sales art to be extended, stating that the alcoholic beverage establishment intends to serve alcoholic beverages for on-premises consumption until 7:00 a.m.; 2) If deemed reasonable necessary by the Police Chief, or the Police Chief's Designee,off- duty police officers must be provided at the alcoholic beverage establishment until 7:00 a.m.; 3) There are no pending City Code violations against the alcoholic beverage establishment; 4) No delinquent or past due monies are owed to the City; 5) Outdoor entertainment or open-air entertainment is not allowed; 6) No violation of the City's noise ordinance shall be permitted; City Commission Meeting Extension of Hours— LGBT Events December 12, 2012 Page 2 of 3 7) No violation of the approved fire code occupancy load shall be permitted; 8) All required City permits and licenses are current; 9) The State of Florida alcoholic beverage license is current; and 10) Any other conditions required by the City Manager in order to protect the public health, safety or welfare. The City Manager may suspend the extension at any time to protect the public safety, health or welfare. In 2007 via Ordinance No. 2007-3556, the Commission amended Chapter 6 of the City Code entitled Alcoholic Beverages,to permit alcoholic beverage establishments which hold 5:00 a.m. occupational licenses to extend their hours of operation to 7 a.m. on New Year's Day. The amendment also included language in the ordinance providing a mechanism for an extension of hours to be considered and subsequently submitted for the Commission's consideration and approval via a resolution. A request for the extension of hours may be placed on the agenda by the City Manager or a Commissioner, for the Commissions' consideration. Hours were most recently extended during Winter Music Conference 2010, which coincided with Spring Break. As you know, this City experienced a significant influx of visitors during that period of time which created many quality of life challenges. It is important to keep in mind that any time hours of on-premises alcohol service are extended it creates a need for increased policing and the potential exists for other quality of life concerns. At that time, the Police Department conducted a preliminary analysis of call volume for days when hours were extended compared to normal day when clubs closed at 5:00 a.m., which shows there was more than double the number of calls on those days. Twenty-three percent of those additional calls for service occurred after 5:00 a.m. The extension of hours occurs during peak periods of time so it is difficult to pinpoint exactly what causes the increase in calls for service. However, it is fair to say that the extension of hours is a contributing factor. In October 2010,the Land Use and Development Committee considered this and unanimously passed a motion recommending the extension of hours for the White Party and Winter Party.Subsequently,on February 9, 2011, the City Commission adopted Resolution No. 2011-27598 extending hours for certain alcoholic beverage establishments with a 5:00 am liquor license and under certain specified conditions pursuant to Section 6 of the City Code for Winter Party (March 5 & 6, 2011). Since that time, hours were extended for New Year's Eve according to City Code. The LGBT Business Enhancement Committee met on July 10, 2012, and passed a motion(attached) urging the City Commission to develop a year's calendar of LGBT events during which clubs and bars may be granted extended hours of operation. The LGBT events recommended by the LGBT Business Enhancement Committee for extended hours include White Party, Winter Party, Miami Beach Gay Pride and Aqua Girl. Their recommendation is based on the fact that other areas of Miami-Dade County have less stringent restrictions and Miami Beach may lose business to other parts of the County. Pursuant to Section 6-3 Subsection 7 of the City Code, the City Commission may approve additional major event days or weekends to allow alcoholic beverage establishments that hold 5:00 a.m. occupational licenses to extend their hours of operation to 7 a.m. The City's Major Events Plan and Special Event Guidelines already designate these events as"major event periods." Therefore,these events are eligible for the extension of hours subject to the conditions established in the City Code. Commissioner Gongora referred an item to the Land Use and Development Committee at the September 12, 2012 City Commission meeting to consider a motion from the LGBT Business City Commission Meeting Extension of Hours— LGBT Events December 12, 2012 Page 3 of 3 Enhancement Committee to extend hours of operation for alcoholic beverage establishments during certain LGBT events. The Land Use and Development Committee meet on November 5, 2012 and considered this item. The Committee recommended approval of extended hours for Winter Party and White Party only. FISCAL IMPACT ANALYSIS Special deployment was not required for this in the past, but there may be a need to hold over holding over a shift to ensure the provisions of the ordinance are appropriately followed. CONCLUSION Pursuant to the direction of the Land Use and Development Committee, the attached resolution is presented for consideration. KGB/MAS F:\info\$ALL\Max\TCD\NITE\AlcBevExtHrs LUDC MEMO.doc