2017-4104 OrdinanceORDINANCE NO. 2017-4104
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
chapters 550 and 551, Florida Statutes from operating in any land use category within the City
of Miami Beach; and
WHEREAS, Florida Department of Transportation Level of Service Maps show that the
City's causeways and some of our principal arterials are failing or borderline failing; 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. - W
GENERAL TO ALL ZONING DISTRICTS
Sec. 142-1 Reserved. Gambling and Casinos are Prohibited Uses in The Citv of Miami
Beach.
The plavinq or engaginq in anv game of cards, keno, roulette, faro, or other game of chance, at
anv place, by anv device, whatever, for monev or other thing of value, shall be considered to be
.1aamblina." An establishment in which aamblina occurs is a casino.
"Fantasv contest" shall include but not be limited to a fantasv or simulation sports aame or
contest in which contest participants manaqe a fantasv or simulation sports team for prizes or
monev in anv aamblinq or casino use in the citv.
Gamblina and casinos are prohibited in the Citv of Miami Beach. Gamblina 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 anv zoning category within the Citv, whether as a main. conditional. or accessory
use. No business tax receipt shall issue for the aforementioned uses, which may also include
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but not be limited to: anv machine of chance (device) reaulated by the state compact or
chapters 550 and 551, as may be amended from time to time, pari-mutuel uses. horse racina,
doa racing, iai alai. fantasv contests and associated oamblina or casino related uses. The terms,
"gambling" and "casino" shall be provided the broadest definition despite anv amendments the
state leaislature may make to the above referenced chapters of the Florida Statutes.,
The following uses are exempt from the Citv's definition of aamblinq:
(1) the lottery regulated under Chapter 24, Florida Statutes.,
(2) Pennv-ante aames pursuant to section 849.085. Florida Statutes. - --
(3) Condominium associations cooperatives. homeowners associations. charitable,
nonprofit or veteran oroanizations authorized to hold drawings by chance, drawinas, or
raffles pursuant to 849.0931(2) throuah (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) Bowlina tournaments pursuant to section 849.141, Florida Statutes.,
Anv amendment to this section 142-1 (includinc the repealer thereof), which would create a less,
strinaent reaulation on a_ ambling or anv of the uses listed herein. shall require an affirmative,
vote of 6/7ths of the Citv Commission.
Secs. 142-4.2-142-70. - 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 provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
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This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 7 day of JW n2 2017
f
Philip Levine�''
Mayor %J<
ATTEST:'
� h f -/n
Rafael . Granado
City Clerk
APPROVED AS TO FORM
AND LANGUAGE
�JNCORP ORATED; * AND FOR EXECUTION
Raul �cH 2
Aguila, ity Attorn
Dateey
First Reading: May 12, 2017
Second Reading: June 7, 2017
Verified By: w
Thomas R. Mooney, I�P
Planning Director
Underline = new language
StFiket#reug# = deleted language
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Ordinances - R5 AC
/01ANA IBEAC H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 7, 2017
5:03 p.m. Second Reading Public Hearing
SUBJECT: 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 CITYOF MIAMI BEACH;" PROHIBITING MAIN, CONDITIONALAND
ACCESSORY USES RELATING TO GAMBLING AND CASINOS;
PROVIDING FOR EXEMPTIONS UNDER STATE LAW; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On May 3, 2017, at the request of Commissioner Joy Malakoff, the City Commission referred
Comprehensive Plan and Land Development Regulation amendments pertaining to casino
gambling to the Planning Board for consideration.
On May 12, 2017, the City Commission approved the Comprehensive Plan Amendment and
Land Development Regulations Amendment at first reading. A second reading public hearing
for the Comprehensive Plan amendment was set for July 26, 2017 to allow time for required
state reviews.
PLANNING ANALYSIS
This legislative session, the Florida Legislature considered bills that would have allowed for 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 Las Vegas, Nevada or Atlantic City, New Jersey in
counties that have three or more pari-mutuel facilities with casinos. Miami -Dade County currently
has four such facilities.
Additional proposals for the bills would have required that the additional casino be located a
minimum of five miles from any existing pari-mutuel facilities (See attached map identifying five
mile buffers around the existing pari-mutuel facilities). Due to the location of existing pari-
mutuels, this requirement would prevent the casino from being located in the urban core of the
Page 1197 of 1414
City 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
sessions. It is, therefore, important that the City's Comprehensive Plan and Land Development
Regulations address casinos in the event that the State Legislature allows an expansion of
gambling or casinos at some point in the future.
Under Article VIII, Section 2(b) of the Florida Constitution and the Municipal Home Rule
Powers Act, municipalities "shall have governmental, corporate and proprietary powers to
enable them to conduct municipal government, perform municipal functions and render
municipal services, and may exercise any power for municipal purposes except as otherwise
provided by law." See Section 166.021 (1), Florida Statutes. The City is well within its home rule
powers, and its police powers, to adopt the zoning and comprehensive plan amendments
contemplated herein.
It is important to note that should the Florida Legislature expressly preempt the field of
gambling via a legislative act, the City's comprehensive plan amendment and zoning ordinance
prohibiting gambling could be surpassed (preempted) by the legislative action. 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.
Many studies have demonstrated that casinos feed gambling addictions, which have many
serous effects on those with the addiction and their families. These include loss of jobs, failed
relationships and severe debt. These can lead to mental health issues, including depression,
mood disorders, anti -social personality disorders, and more.
It 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. This encourages guests to remain on the premises, thus limiting their shopping and
dining in other establishments within the City.
Since casinos have been permitted in Atlantic City, New Jersey in the late 1970's, many
restaurants and retail businesses along the City's main street in its downtown, Atlantic Avenue,
have shuttered. For those that have not shuttered, the quality of retail has been reduced. The
design of casinos in Atlantic 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 City's other
attractions, such as its Boardwalk and Downtown. Additionally, between 2014 and 2016, five
casinos closed in Atlantic City, indicating that the all-inclusive casinos are suffering from
increased competition from other regions and lower disposable incomes among the socio-
economic groups that tend to frequent casinos.
Miami Beach has a robust tourist market that supports many independent restaurants, cultural,
and retail establishments throughout many different areas of the City. As 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.
The City of Miami Beach has a long-standing policy against casino gambling in Florida. The City
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Commission has adopted the following resolutions against casinos: 2017-29846, 2014-28529,
2011-27812, 2008-26927, and 2008-26925. The proposed ordinances would formalize this
policy within the Comprehensive Plan and Land Development Regulations by prohibiting
Casinos and Gambling in all future land use and zoning districts within the City of Miami Beach.
The 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 from the definition of
gambling for existing common practices as follows:
1) The Lottery;
2) Penny -ante games;
3) Condominium associations, cooperatives, homeowners, associations, charitable, nonprofit or
veteran organizations authorized to hold drawings by chance, drawings, or raffles;
4) Game promotion in connection with the sale of consumer products or services; and
5) Bowling tournaments.
[1l 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").
PLANNING BOARD REVIEW
On May 11, 2017, the Planning Board transmitted the subject ordinance to the City Commission
with a favorable recommendation.
UPDATE
On May 12, 2017, the City Commission approved the proposed amendment to the Land
Development Regulations and the Comprehensive Plan with the following addition to the
"whereas" clauses:
WHEREAS, Florida Department of Transportation Level of Service Maps show that the City's
causeways and some of our principal arterials are failing or borderline failing; and
Additionally, the Mayor has suggested that the following language be added to the proposed
ordinance to require a six sevenths (6/7ths) majority of the City Commission in order to approve
less stringent regulations related to gambling in the future:
Any amendment to this section 942-2 (including the repealer thereof), which would create a
less stringent regulation on gambling or any of the uses listed herein, shall require an
affirmative vote of 6/7ths of the City Commission.
CONCLUSION
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The Administration recommends that the City Commission adopt the Ordinance, inclusive of the
following additional text, which has been incorporated into the Ordinance:
Anv amendment to this section 142-2 (includina its reseal). which would create a less
strinaent reaulation on aamblina or anv of the uses listed herein. shall reauire an
affirmative vote of 6/7ths of the City Commission.
FINANCIAL INFORMATION
As required by Section 5.02 of the City Code, the Administration has considered proposed
legislative action by the State of Florida associated to the expansion of Gaming and Casinos
which could potentially be located in the City of Miami Beach, and found that:
1. There are no Casinos located in the City of Miami Beach;
2. The City of Miami Beach enjoys a robust tourism industry, high-value residential
neighborhoods, and an active and profitable commercial community;
3. The City of Miami Beach has consistently met its budgetary responsibilities, and any
purported financial benefit that may arise from the expansion of Gaming and Casinos in the City
of Miami Beach is not necessary or required to meet its current or future five year financial
obligations.
Leaislative Trackina_
Planning
Saonsor
Commissioner Joy Malakoff and Co -Sponsored by Commissioners Ricky Arriola & Michael
Grieco
ATTACHMENTS:
Description
D Buffer Map
D ORDINANCE
D `•
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Five Mile Buffers Around Parimutual Casinos in Miami -Dade County
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16NE I
�4f'NEIGHBORS NHo
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
ORDINANCES PROHIBITING GAMBLING
AND CASINO USES IN ALL ZONING
DISTRICTS OF THE CITY OF MIAMI
BEACH AND AMENDING CHAPTERS 1$
AND 102 RELATING TO CARDROOMS
June 7, 2017
NOTICE IS HEREBY given that Publie Hearings will be heard by the Mayor and City Commission of the City
of Mimui Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive,
Miaml Beach, Florida, on June 7, 2017 at the times listed below, or as soon thereafter as the matters can
be heard, to consider
5;03 p,m.
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.
This :Jrdmiince is Laing heard ,pum.iant to Seotr-on l f rs-1 c4 c! the City': Lord Deteioument Code. trquiriei troy
LQ diti;wed to the Planning LeparYtnert d: 305-673.7550
5:04 p.m.
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 i8; 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 Cidindnce is being heard pursuant to Sacfi. r 2 U5& ti:a tatty Charter dr.d $ t£6.0rdt F.S. Irquines mdy be
dire.ted to the Office ,f tt;-9 City Att?ri;ey at n . F73.747v.
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 Commisaon, c/o the City Clerk, 1700 Convention Center Drive,
f s, Hoor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during nomtal
business hours in the City Clerk's Office, 1700 Convention Center Drive, t ' Floor, City Hall, Mianii Beach,
Florida 331$9. This hent may be continuod, and under such circumstancos, 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 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 accessior persons with disabilities, and/or any accommodation To review any document or participate in
any City -sponsored proceedings, call 305.604.2489 and select I for English or 2 for Spanish, then option 6,
TTY users may call via 711 (Florida Relay Servicer.
Ad 1334
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Rafael E. Granado, City Clerk
City of Miami Beach