2014-3861 Ordinance ALCOHOL IN MOVIE THEATERS
ORDINANCE NO. 2014-3861
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA; AMENDING THE CITY CODE, BY
AMENDING CHAPTER 6, "ALCOHOLIC BEVERAGES,"
ARTICLE I, "IN GENERAL," SECTION 6-41 "LOCATION AND USE
RESTRICTIONS," BY PERMITTING ALCOHOL BEVERAGES TO BE
SOLD IN MOTION PICTURE THEATERS, ESTABLISHING
CRITERIA, STANDARDS AND PROCEDURES FOR ELIGIBLE
THEATERS AND WHERE - ALCOHOL CAN BE SOLD AND
CONSUMED; AND AMENDING SECTION 6-5, "PATRON AGE
RESTRICTIONS," EXEMPTING MOTION PICTURE THEATERS
FROM THE CODE'S PATRON AGE RESTRICTIONS; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the Code of the City of Miami Beach specifies location and use
restrictions on motion picture theaters located within the City; and
WHEREAS, the Code currently prohibits alcohol beverages from being sold or
offered for consumption in motion picture theaters; and
WHEREAS, the City Commission deems it advisable to permit sales of alcohol
beverages within certain motion picture theaters; and
WHEREAS, the City Commission deems it advisable to limit the applicability of this
amended Sec. 6-4 (a)(4) to motion picture theaters containing, at least 300 permanent
auditorium seats, 15,000 sq. ft. in total floor area, and located in Commercial, High
Intensity Districts (CD-3):
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 6, "Alcoholic Beverages," Article I, "In General," Section 6-4,
"Location and use restrictions," of the Code of the City of Miami Beach, Florida is hereby
amended to read as follows:
Sec.6-4. Location and use restrictions.
(a) Generally. The following location and use restrictions are applicable for facilities
selling or offering alcohol'beverages for consumption:
(1) Educational facilities. No alcohol beverage shall be sold or offered
for consumption in a commercial use within 300 feet of any property
used as a public or private school operated for the instruction of minors in
the common branches of learning. Except for uses in the civic and
convention center (CCC) district, hospital (HD) district or within 300 feet of
a marina.
(2) Places of worship. No alcohol beverage shall be sold or offered for
consumption in a commercial use, except in restaurants for
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consumption on the premises, within 300 feet of any property used as a
place of worship.
(3) Retail stores for off-premises consumption. The minimum distance
separation between retail stores primarily selling alcohol beverages for
consumption off the premises as a main permitted use shall be 300 feet.
(4) Motion picture theaters. No alcohol beverages shall be sold or
offered for consumption in any motion picture theater., or in any room
opening directly or indirectly into or in connection with any motion picture
theater, except alcohol beverages may be served in motion picture
theaters (i) of at least 15,000 square feet in total floor area, (ii) containing
at least 300 permanent auditorium seats, and (iii) which are located in
CD-3 Commercial, High Intensity Districts. Notwithstanding Chapter
142, Article 5, Division 6 of the City Code, a motion picture theater in
which the sale and consumption of alcohol beverages is permitted shall
not be considered a neighborhood impact establishment. Motion
picture theaters shall not be permitted to operate between the hours of
3:00 a.m. and 8:00 a.m., except that motion picture theaters may apply for
up to three (3) special event permits from the City per calendar year to
operate during such hours. This section shall not relieve any person,
entity or establishment from the restrictions contained in Chapter 6,
Article II or the Land Development Regulations of the City Code.
Any approval -granted pursuant to this section shall also be subject to the
following restrictions:
i. The sale of alcohol beverages for consumption off the
premises is strictly prohibited.
H. A Minor Control Plan, setting forth conditions regarding
hours of operation and alcohol sales, alcohol service and
monitoring procedures, food service, and staff training,
must be approved by the City Manager or designee rig or to
the issuance of a license for alcohol sales or consumption.
iii. Designated alcohol beverage consumption areas, including
concession and cafe areas, and those specific auditoriums
in which alcohol beverages may be served and consumed,
must be clearly designated as such and separated from the
remainder of the theater by a barrier or other physical
demarcation. All alcohol beverages must be served from
within the designated alcohol beverage consumption areas,
and no alcohol beverages may be consumed or carried
beyond the boundary limits of the designated alcohol
beverage consumption areas. Access to the designated
alcohol beverage consumption areas is restricted to patrons
who can present a valid identification for inspection
demonstrating they are 21 years of age or older.
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iv. There may be special customer promotions that combine
purchase of a motion picture theater ticket with purchase of
food and an alcohol beverage. No "happy hour" type of
reduced price alcohol beverage promotion shall be allowed.
V. Motion picture theaters selling alcohol beverages. shall
obtain the requisite state license for sales and consumption
of such beverages.
vi. Motion picture theaters selling alcoholic as
defined in Section 102-306, shall collect and remit Resort
Taxes to the City for alcohol sales, as required under
Section 102-306. -
(5) Filling station. No liquor shall be sold or offered for consumption on or off
the premises of any filling station.
(6) Curb service sales. No alcohol beverages shall be sold or served to
persons in a vehicle of any kind or from an exterior counter or any type of
walk-up window. All sales are to be from the interior of the structure.
(7) Off-premises consumption. All sales of alcohol beverages for consumption off
the premises shall be in a sealed container.
(8) Bottle clubs. There shall be no bottle clubs within 300 feet of any property
used as a public or private school operated for the instruction of minors
in the common branches of learning or place of worship.
(9) Dance halls. The minimum distance separation between dance halls
licensed to sell alcohol beverages, and not also operating as restaurants
with full kitchens and serving full meals, shall be 300 feet.
(10) Entertainment establishments. The minimum distance separation
between entertainment establishments licensed to sell alcohol beverages,
and not also operating as restaurants with full kitchens and serving full
meals, shall be 300 feet.
(b) Determination of minimum distance separation.
(1) For purposes of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the main
entrance or exit in which the use associated with alcohol beverages
occurs to the nearest point of the property used for a public or private
school. In cases where a minimum distance is required between two uses
associated with the alcohol beverages for consumption on or off the
premises, the minimum requirement shall be determined by measuring a
straight line between.the principal means of entrance of each use.
(2) When a distance separation is required, a scaled survey drawn by a
registered land surveyor shall be submitted attesting to the separation of the
uses in question. This requirement may be waived upon the written
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certification by the planning and zoning director that the minimum distance
separation has been met.
(c) Variances. Variances to the provisions of this section may be granted pursuant to the
procedure in section 118-351 et seq. except that no variances may be granted tG4he
o eWbatieen and im mita ienc We GFmbee d heroin on the provisions of 6-4(a)(4) concerning
the sale or consumption of alcohol beverages in motion picture theaters.
SECTION 2. That Chapter 6, "Alcoholic Beverages," Article I, "In General," Section 6-5,
"Patron age restrictions," of the Code of the City of Miami Beach, Florida is hereby
amended to read as follows:
Sec. 6-5. Patron age restrictions.
(a) It shall be unlawful for persons under the age of 21 to patronize, visit, loiter, be
admitted or allowed access, in any alcoholic beverage establishment, as defined in
section 114-1 of this Code, except as hereinafter provided. This restriction shall not
apply to:
(1) Persons employed by or at the alcoholic beverage establishments;
(2) Persons accompanied by either of their parents (natural, adoptive, or
stepparent)or legal guardian (appointed by a court); an
(3) Alcoholic beverage establishments also licensed and operating as
restaurants, containing a full kitchen of an appropriate size to serve the
occupancy load of the establishment, serving full meals at all times. In the
case of hotels and other similar multiuse establishments, this restriction
applies only to those areas of the establishment operating primarily as
an alcoholic beverage establishment, and not also operating as a
restaurant as described above; and
(4) Alcoholic beverage establishments also licensed and operating as
motion picture theaters, subject to compliance with Section 6-4(a)(4).
(b) Enforcement and penalties:
(1) An offense of this section by an alcohol beverage establishment shall be
defined as one or more persons under the permitted patron age
discovered on the business premises during a 24-hour period in violation
of this section. Hearings on notices of violation shall be conducted by the
special master, who may impose penalties, including fines and
suspension, as provided for in chapter 30 of this Code, with appeal by
certiorari to the circuit court,Appellate Division.
(2) It shall be a defense to alleged violations of this section,that the person
under the age of 21 obtained access despite the owner's reasonable
efforts to prevent such access, or through a fraudulent identification, and
the business used reasonable efforts to prevent the use of fraudulent
identifications. "Reasonable efforts" shall include, but not be limited to,
use of employees properly checking identification cards at the entrance
to the subject establishment. Presentation of a proposed business
security plan to prevent future violations may be considered as a
mitigating factor in the suspension hearing or appeal process. For
purposes of this section, "identification cards" are defined as official
Federal, state or local government issued identification cards.
(3) A warning shall be given for the first offense; a fine of $500.00 shall be
imposed for the second offense; a fine of$1,000.00 shall be imposed for
the third offense; a fine of $3,000.00 shall be imposed for the fourth
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offense; the special master may impose a fine and/or a suspension of the
business's occupational license for further offenses in successively
p � Y
escalating suspension periods of: one weekend, seven days, 30 days,
six months or may revoke the business's occupational license. For
purposes of determining the appropriate penalty this section, violations
shall accrue only for the preceding 12- month period.
(4) An offense of this section by persons under the age of 21 shall be
addressed as follows: Persons found in violation of this section shall be
asked by- the business establishment, the department of code
compliance, or certified law enforcement officers, to leave the premises
subject to this section. Failure to leave the premises will subject the violator
to. criminal penalties as provided by Florida law. Additionally, persons
under the age of 21 who gained access to the alcoholic beverage
establishment by presenting fraudulent identification shall be subject to
prosecution for violation of F.S. §322.212, or comparable provision.
SECTION 3. 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 renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed
to "section" or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
r' ND ATTEST:
PTO
CITY CLERK FO GUAGE
& FOR E XECUTION
CityAhorney Date
Verified By:
Thomas R. Mooney, AICP
Acting Planning Director
Underline = new language
Double-underline = new language added at 1St reading
StFikethFough = deleted language
TAAGENDA\2014\May\A1coho1 in movie theaters ORD 2d Read.docx
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: Raul Aguila, City Attorney
CC: Jimmy Morales, City Manager
DATE: April 23, 2014 SECOND READING PUBLIC HEARING
SUBJECT: ALCOHOL IN MOVIE THEATERS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA; AMENDING THE CITY CODE, BY AMENDING
CHAPTER 6, "ALCOHOLIC BEVERAGES," ARTICLE I, "IN GENERAL,"
SECTION 6-4, "LOCATION AND USE RESTRICTIONS," BY PERMITTING
ALCOHOL BEVERAGES TO BE SOLD IN MOTION PICTURE THEATERS,
ESTABLISHING CRITERIA, STANDARDS AND PROCEDURES FOR
ELIGIBLE THEATERS AND WHERE ALCOHOL CAN BE SOLD AND
CONSUMED; AND AMENDING SECTION 6-5, "PATRON AGE
RESTRICTIONS," EXEMPTING MOTION PICTURE THEATERS FROM THE
CODE'S PATRON AGE RESTRICTIONS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The City Commission should hold a public hearing and consider this item on second
reading.
BACKGROUND
The City Commission on March 5, 2014 referred this item to the Neighborhoods
Committee for discussion and policy direction. The Neighborhoods Committee met on
March 28, 2014, and voted to forward the item to the City Commission with changes to
the ordinance providing for segregated areas where minors would not be permitted, and
alcohol would be sold and consumed. The ordinance has been modified to restrict
alcohol consumption in areas and auditoriums where no minors would be permitted.
Regal Cinema has asked the City to amend City Code Chapter 6 to permit alcohol
beverage sales in movie theaters. If amended, as proposed, it would allow such sales at
the movie theater on Lincoln Road, and other theaters that meet the minimum criteria of
(i) 15,000 sq. ft., (ii) 300 permanent auditorium seats, and (iii) located in Commercial
High Intensity Districts (CD-3). While the ordinance originally proposed amendments to
the Land Development Regulations requiring a conditional use for such alcohol sales,
with restrictions on size and seating, controlling who would be permitted to apply for
such a conditional use permit, the current proposal would amend Chapter 6 to allow
alcohol beverage sales in movie theaters with restrictions set forth in the ordinance,
without the need for further review by a land use board.
Agenda Item RS-E
Date
Commission Memorandum
Alcohol in Movie Theaters
May 21, 2014 Page 2 of 2
While similar proposals have been considered by the City, in 2000 and 2008, they did
not receive approval. The evolution of uses on Lincoln Road and elsewhere, however,
justifies a fresh look at this idea, which is consistent with the latest trends in amenities
provided by movie theaters.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City evaluated the long term economic impact (at
least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have any significant fiscal impact. It is likely to result in an increase in resort
tax income to the City.
CONCLUSION
The City Commission should hold a public hearing and consider this item on second
reading.
RA/GMH/s
T:\AGENDA\2014\May\A1coho1 in Movie Theaters-MEM 2d Read.docx
MIAMI HERALD I MiamiHerald.com NE THURSDAY,MAY 8,2014 1 19NE
MIAMi BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd floor,City Hall,1700 Convention Center Drive,
Miami Beach,Florida,an Wednesday,May 21,2014,to consider the following:
10:00 a.m.
Ordnance Amending Chapter 2 Of The Code Of The City Of Miami Beach,Entitled"Administration,"By Amending Article i,Entitled'in General,"By Creating Section 2.1,To Be Entitled"Reasonable Opportunity
To Be Heard,"To Provide Rules Regarding Public Participation in City Meetings.Inquiries maybe directed to the City AMmey's Once 305-673-7470
1005 a.m.
Ordinance Amending Miami Beach City Code Chapter 2 Entitled'Administration,"Article VII'Standards Of Conduct,'Section 2-458 Thereof Entitled"Supplemental Abstention And Disclosure Requirements"By Providing
That A City Of Miami Beach Elected OrAppointed Public Officer With A Conflict Of interest On A Particular Matter Shall Absent Himself From The Agency Meeting On Which He Serves During Said Agency's Discussion
Of That Matter.Inquiries may be directed to the City Attorney's Office 305-673-7470.
10:10 a.m.
Ordnance Amending Chapter 10 Of The Miami Beach City Code,Entitled'Animals,"By Creating Section 10-17,To Be Entitled'Certain Techniques And Devices Prohibited;Enforcement;Penalties";And By Amending
Sections 10-2 And 1.0-31b Cross-Reference The New Provisions In Section 10-17.Inquiries may be directed to the CityAttarneys Office 305-673-7470.
10:15 a.m
Ordnance Amending Chapter 10 Of The Miami Beach City Code,Entitled"Animals,"By Creating Section 10-18,To Be Entitled`Requirements For Sales Of Dogs And Cats;Definitions;Permitted Sources;Certificate
Of Source;Penalties%And By Amending Sections 10-2 And 10-3 To Cross•Reference The New Provisions In Section 10-18.inquiries may be directed to the CityAtforneys Office 305.673-7470.
X10:20 a.m.
Alcohol in Movie Theaters
An Ordinance Amending The City Code,By Amending Chapter 6,"Alcoholic Beverages;'Article L"In General,'Section 6-4,`Location And Use Restrictions,'By Permitting Alcohol Beverages To Be Sold In Motion Picture
Theaters,Establishing Criteria,Standards And Procedures For Eligible Theaters And Where Alcohol Can Be Sold And Consumed;And Amending Section 6-5;`Patron Age Restrictions,"Exempting Motion Picture Theaters
From The Code's Patron Age Restrictions.inquiries may be directed to the City Attorney's Office 305-673-7470.
10:25 a.m.
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Chapter 70 Of The Code Of The City Of Miami Beach,Entitled"Miscellaneous Offenses,"By Amending Article 11,Entitled
'Public Places"By Amending Division 2,Entitled"Bicycling,Skateboarding,Roller Skating,to-Line Skating,And Motorized Means Of Transportation,"By Amending Section 70-67 Thereof,Entitled"Prohibited Activitles"
To Prohibit The Operation Of Motorized Means Of Transportation In,On Or Upon Any Portion Of A)The Beachwalk Between 1 V And 23rd Streets,Between 640 And 793 Streets,And South Of 53 Street;B)The Lummus
Park Promenade(Also Known As The Lummus Park Serpentine Walkway)Between 511 And 153 Streets;C)The Sidewalks On The East Side Of Ocean Drive Between South Pointe Drive And 153 Street;D)The South Pointe
Park Cutwalk Adjacent.And Parallel To Government Cut;And E)The Marina Baywalk Adjacent And Parallel To Biscayne Bay And South Of 53 Street:Providing For Repealer,Severability,Codification;And An Effective Date.
Inquiries may be directed to the City Attorney's Office 305-673-7470.
10:30 a.m.
An Ordinance Of The Mayor Arid City Commission Of The City Of Miami Beach,Florida,Amending Chapter 106 Of The Miami Beach City Code,Entitled'Traffic And Vehicles,"By Amending Article 11,Entitled"Metered
Parking,"By Amending Division 1,Entitled"Generally."By Amending Section 106-55,Entitled*Parking Rates,Fees,And Penalties,"By Amending Subsection(N),Entitled,"HybridALEV(inherently Low Emissions Vehicles)
Vehicles Incentive,"By Amending Vehicle Participation Criteria For The HybridALEV Vehicles incentive Program To Substitute Vehicles With An EPA(Environmental Protection Agency)Smartway Designation;And Establishing
An Annual Miami Beach Resident Permit Fee For Scooters And Motorcycles;Providing For Codification,Repealer,Severability,And An Effective Date.Inquiries may be directed to the Parking Department 305-673-7275.
10:35 a.m
An Ordinance Amending Chapter 106 Of The Miami Beach City Code,Entitled'Traffic And Vehicles;By Amending Article II,Entitled'Metered Parking,'By Amending Division 1,Entitled"Generally,"By Amending Section 106-47,
Entitled'Freight,Commercial,And Passenger Curb Loading Zones;Hours,Deliveries';Creating Subsection(F),Permit Required;Further Amending Section 106-55;Establishing Subsection(0),Entitled,"Freight Loading Zone
(RI)Permit";And Subsection(P),Entitled,Alley Loading(AL)Permit Providing For Codification,Repealer,Severability,And An Effective Date.inquiries maybe directed to the Parking Department 305-673-7275.
10:40 a.m.
AFSCME MBERP Ordinance
An Ordinance Implementing Provisions Of The 2013-2016 Collective Bargaining Agreement Between The City And The American Federation Of State,County And Municipal Employees,(AFSCM E)Local 1554;Amending
The Miami Beach Employees'Retirement Plan Created By Ordinance 2006-3504;Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan(DROP)Program From Three(3)To Five(5)
Years For Eligible Members;Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan Features;Amending Section 4.03 By Eliminating The Purchase Of Additional
Creditable Service Effective April 23,2015;Amending Section 6.02 Of The Plan By Reinstating An Additional Two Percent Member Contributlon For Members Of The AFSCME Bargaining Unit hired Prior To September 30,
2010;And Eliminating The Additional Two Percent Member Contribution When The Plan Actuary Confirms That The Cityt Annual Required Contribution To The Retirement Plan is 23.5%Of Payroll Or less.Inquiries may
be directed to the Human Resources Department 305-673-7524.
NOTE See also advertisement d 884,for additional public hearings occurring on May 21,2014.
Dr.Stanley Sutnick Citizen's Forum-The times for the Dr.Stanley Suf nick Citizen's Forum are 830 am.and 1:00 p.m.,or as sow as possible thereafter.Approximately thirty minutes will be allocated to each session,
with individuals being fiiniled to no more than three minutes or for a period established by the Mayor.No appointment or advance notification Is needed in order to speak to the Commission during this Forum.
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 City Clerk,1700 Convention Center Drive 10 Floor,
City Hall,Miami Beach;Florida 33139.Copies of these items are available for public inspection during normal business hours in the City Clerk's Office.1700 Convention Center Drive,1I FIDT,City Hall,Miami Beach,
Florida 33139.This meeting,or any item herein,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:it a person decides to appeal anydecision 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 sstb a ar irrelevant evidence,nor does it authorize challenges or appeals not otherwise alloyed by law.
To request this material in accessible format,sign language interpreters;information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored
proceeding,please contact us five days in advance at 305-673-7411(voice)or TTY users may also call the Florida Relay Service at 71 T.
Rafael E.Granado,City Clerk
City of Miami Beach
i