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Ordinance 89-2638 ORDINANCE NO. 89-2638 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1891; AMENDING SECTION 3 ENTITLED "DEFINITIONS" BY ADDING A DEFINITION FOR "SUPPER CLUB" IN SUBSECTION 3-2; AMENDING SECTION 6-11B ENTITLED "C-4 BUSINESS DISTRICT" BY ADDING SUPPER CLUB AS A PERMITTED USE; AMENDING SECTION 14-1C ENTITLED "LIQUOR CONTROL REGULATIONS" BY PROVIDING FOR THE SERVING ON PREMISES AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN SUPPER CLUBS, AND ESTABLISHING HOURS FOR SAME; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A REPEALER ; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Subsection 3-2 of Section 3 of Zoning Ordinance No. 1891 entitled "Definitions" is hereby amended by the addition of the following defined term: 3-2 Terms Defined 168 . 1 SUPPER CLUB: A business establishment operated to supply music or entertainment and providing beverages and meals prepared on the premises for on-premises consumption during all hours of operation, having table seating for not less than 150 persons, having a dance floor of not less than 400 square feet, having an area not less than 10, 000 square feet contained within a free-standing building wherein no other activities are conducted. SECTION 2 : That Subsection 6-11B of Section 6 of Zoning Ordinance No. 1891 entitled "Schedule of District Regulations" is hereby amended to read as follows: 6-11 C-4 BUSINESS DISTRICT. * * * B. Uses Permitted. No land, water or structure may be used, in whole or in part, except for one or more of the following permitted uses. Permitted uses that sell, serve or otherwise distribute alcoholic beverages in this district shall comply with the standards and regulations found in Section 14 . 1. Any use permitted in C-1, C-2 , or C-3 except those uses listed as Conditional Uses. 1 2 . Cabaret. 3 . Night club. 4 . Supper Club, provided that no supper club shall be located within 500 feet of any single-family residential district. 4-5. Retail meat and fish market provided that such use shall not occupy more than 2 , 500 square feet of floor area per establishment and no noxious odors shall be produced by improper storage and handling of refuse. 5.-6. Sidewalk and outdoor cafes. When located in the right of way they shall be associated with an adjacent restaurant and comply with the following: a. Sidewalk and outdoor cafes shall only be permitted when associated with an existing restaurant on 41st Street. b. Insurance approved by the City ' s Risk Manager. c. Approval by, the Planning Department, Public Works Department and the Fire Department (Development Services Division) . d. A revocable permit from the Public Works Department for cafes in the City's right of way. e. In instances where the location of cafe extends into the right-of-way of another property owner, the owner of the proposed use shall be responsible for securing a lease agreement with the affected property owner prior to the issuance of a revocable permit. f. A site plan showing the location of the proposed use shall be submitted prior to the issuance of a revocable permit. &-7. The following may be permitted as a conditional use. a. Adult congregate living facilities subject to the mandatory requirements and review criteria set forth in Section 28, Adult Congregate Living Facilities. b. Automobile parking lot, open or enclosed, non-commercial provided such use is accessory to a primary use in accordance with the provisions of Section 9-3 of the Ordinance. For the purpose of this Section, a written agreementshall be construed as a Unity of Title and shall be recorded in the Circuit Court. c. Bus terminals. d. Churches, synagogue and temple. e. Colleges, junior colleges, or institutions of higher learning. 2 f. Filling station, or any use which includes the retail of gasoline. g. Institution, educational or philanthropic, including museum and art gallery. h. Marina. i. Municipal buildings and uses. j . Private club. k. Storage parking lots. 1. Uses not listed above which are similar in character to one or more permitted uses, and which would not be inappropriate in this District. m. Temporary use for a period not to exceed 15 days. 7=8 . Accessory uses for above uses. a. Any accessory use in the area located between the established Bulkhead Line and the Erosion Control Line shall be in accordance with Section 18-2 Dune Overlay Regulations. SECTION 3 : That Subsection 14-1C of Section 14 of Zoning Ordinance No. 1891 entitled "Liquor Control Regulations" is hereby amended to read as follows: 14-1 GENERAL PROVISIONS * * C. Hours of Sale The sale of liquor and all other alcoholic beverages shall be according to the following schedule: 1. Retail stores for package sales only, either as permitted main or accessory use. Vendors having a license from the State Beverage Department for the sale of liquor and other alcoholic beverages for consumption off the premises, shall only offer for sale of alcoholic beverages within the hours of 8 : 00 a.m. to 10: 00 p.m. on any day of the week. 2 . Retail stores , either as permitted man or accessory uses, who primarily offer for sale products other than alcoholic beverages may make sales of beer and wine in sealed containers for consumption off the premises between the hours of 8: 00 a.m. through 2 : 00 a.m. on any day of the week. 3 . Restaurants, bars, nightclubs, cabarets either as permitted main or accessory uses shall only offer for sale the on-premise consumption of alcoholic beverage within the hours of 8 : 00 a.m. and 5: 00 a.m. on any day of the week. Every vendor shall close and keep closed the place of business and not allow any person, other than those employed by the vendor, to remain therein during the hours that sales are not permitted. 3 4 . Supper Clubs, permitted as a main use in the C-4 District only. Operation and the consumption of alcoholic beverages shall be permitted at all hours; however, there shall be no admission of additional patrons between the hours of 6: 00 a.m. and 8 : 00 a.m. 4-5. Private Clubs , either as permitted main or accessory use, shall be considered pursuant to Section 14-1, B-1. Hours of operation and the consumption of alcoholic beverages will considered between the hours of 8: 00 a.m. to 5: 00 a.m. , Monday through Sunday, provided that service is made only to members and guests of members pursuant to Florida Statutes. However, any private club permitted to remain open after 2 : 00 a.m. shall purchase an extra hours license and must provide for security guards or off-duty policemen between the hours of 2 : 00 a.m. to 5: 00 a.m. each day. Private clubs which secure a license from the Division of Alcoholic Beverages and Tobacco by complying with the requirement of Florida Statutes 561. 20 for racquetball, tennis or golf course facilities, may admit its members at any time for use of such facilities, but may not serve alcoholic beverages after 2 : 00 a.m. each day unless it is the holder of an extra hours license and complies with the above requirements. SECTION 5: REPEALER That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 6: SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by the such invalidity SECTION 7 : EFFECTIVE DATE This Ordinance shall take effect on 15th day of April , 1989 PASSED and ADOPTED this 5th day of April , 1989 . 111011111111111e> 1 ATTEST: FORM APPROVED CITY`CLE LEGAL DEPT. 1st reading 3/15/89 2nd reading 4/5/89 By Date 3/AV SWS/mml/bcg 1/13/89 ref: A: \amdzonor. ord 4 •. r. G rh rt P" ?D 'd rt Uo V) (D V) N W • 0 P" o TF CD H. N G 0- P P. 0 5 P. rt fD (r 113 rt O n '-d rt Q' P- (D (D rt 6q 0 P • 'd r• U) H• P P 'd ) n U) (D H. U] (D rt (D P P. P. ri • O ri rh (0 al (DD -r. L (ri D rnt Cro H. 0 • () 'd o H. (n Q' I n P. F'• tv Oq Oq H. (CD I) c G = 0 P. (nn P F-' (D 0 S✓ P. r{ (D 1 w rh n Oq (D P 0 'd O 0 ) -N I r• • 'd rt U7 (D 'd n C rt U) N 0 9 .. C �. 0 Od w. W o R art A) O- 9 "d (D 'd Ul H. 1-' Cr) I) H. (D (D ri rt n G 0 O 'd H. 0 O 0 P O W O N O 1•==' '0 Oq P. 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