2017-4125 Ordinance ORDINANCE NO. 2017-4125
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.
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 provision 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.
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. 1-14(
PASSED and ADOPTED this oZ& day of 2017.
404-
Mayoy'Philip,
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ATTEST:
vanumiliti
V B E tie
Rafae Granado, City lerk ^"
t-Ze..
, APPROVED AS TO FORM
,�. AND LANGUAGE
'I ND FOR EXECUTION
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P DRAPED: 1-14 et, S
\\''>;;\1-,,T ...... \ Raul Aguila, City Attorney /
: -F9H 26 s Date / A
First Reading/Transmittal: May 12, 2017
Second Reading/Adoptio : ,u1, 26, 2017
Verified ;
Th,mas. Mooney, AICP
P -nning Director
Underline = new language
Striketh-r-eug-h = deleted language
T:\AGENDA\2017\7-July\Planning\Casino Gambling-Comprehensive Plan Ordinance-2nd Reading.docx
Ordinances- R5 V
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 26, 2017
5:01 p.m. Second Reading Public Hearing
SUBJECT 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.
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 the
proposed Comprehensive Plan and Land Development Regulation amendments to the Planning
Board for consideration.
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 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,
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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.
Please 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.[1]
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
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
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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.
[1] 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
The Planning Board transmitted the subject ordinances to the City Commission with a favorable
recommendation on May 11, 2017.
UPDATE
The companion LDR amendment prohibiting casino gambling and gaming city wide was adopted by
the City Commission on June 7, 2017. The subject Comprehensive Plan Amendment was approved
at First Reading on May 12, 2017, and transmitted to the State for review and comments. There
were no comments or concerns raised by any of the applicable regulatory agencies within the
required 30 day review period.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
FINANCIAL INFORMATION
In accordance with Charter Section 5.02, which requires that the"City of Miami Beach shall consider
the long term economic impact (at least five years) of proposed legislative actions," this shall confirm
that the City Administration City Administration evaluated the long term economic impact(at least five
years) of this proposed legislative action. As 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 City.
Legislative Trackina
Planning
Sponsor
Commissioner Joy Malakoff and Co-Sponsored by Vice-Mayor Ricky Arriola & Commissioner
Michael Grieco
ATTACHMENTS:
Description
❑ Buffer Map
o Ordinance Gambling Comp Plan
❑ Ad
Page 1527 of 2495
Five Mile Buffers Around Parimutual Casinos in Miami-Dade County
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t2NE I NEIGHBORSI , ai;�
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING THE CITY
OF MIAMI BEACH YEAR 2025
COMPREHENSIVE PLAN,
TO PROHIBIT ANY FORM OF GAMBLING
AND CASINO USES AS DELINEATED IN
CHAPTERS 550 AND 551, F.S.
July 26, 2017
NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City
Commission of the City of Miami Beach,Florida,in the Commission Chamber,3rd Floor,City
Hall, 1700 Convention Center Drive.Miami Beach,Florida,on July 26,2017 at 5c01 pin.,
or as soon thereafter as the matter can be heard,to consider:
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.
This Ordinance is being heard pursuant to Sections 118-164 and 118-166 of the City's Land
Development Code.Inquiries may be directed to the Planning Department at 305.873.7550.
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.This
Item is available for public inspection during normal business hours In the City Clerk's
Office, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139.
This item may be continued,and under such circumstances,additional legal notice need
not be provided.
Pursuant to Section 2860105,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 (tive-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 8;TTY users may call via 711(Florida
Relay Service).
Rafael E.Granado,City Clerk
City of Miami Beach
Ad 1368
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