2017-4151 Ordinance ORDINANCE NO. 2017-4151
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN
GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF
SALENIOLATIONS," TO AMEND THE HOURS OF PACKAGE
SALES OF ALCOHOLIC BEVERAGES (WHICH INCLUDE
SALES OF ALCOHOL FOR OFF-PREMISES CONSUMPTION)
IN THE MXE MIXED USE ENTERTAINMENT DISTRICT, AND IN
THE ADJOINING CD-2 COMMERCIAL, MEDIUM INTENSITY
DISTRICT; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") regulates the location, size, hours of
operation, and minimum patron age for uses that permit the sale and consumption of alcoholic
beverages in Chapter 6 of the City Code, entitled "Alcoholic Beverages"; and
WHEREAS, the Mayor and City Commission have determined that it is in the best
interest of the City, and it serves the health, safety, and welfare of the City's residents and
visitors, to prohibit package sales of alcoholic beverages (which include sales of alcohol for off-
premises consumption) after 8:00 p.m. each day, in the MXE district; along Washington Avenue
in the CD-2 commercial, medium intensity district adjoining the MXE district; and along the east
side of Collins Avenue (between 73rd and 75th Streets) in the CD-2 commercial, medium
intensity district adjoining the MXE district; and
WHEREAS, this Ordinance strikes a balance between (i) the public safety concerns
associated with the sale of alcoholic beverages, on the one hand, and (ii) the convenience of
the City's residents and visitors who desire to purchase alcoholic beverages, as well as the
economic vitality of the City's retail stores, on the other hand; and
WHEREAS, State law expressly grants the City the authority to establish its own
regulations for the time for sale of alcoholic or intoxicating beverages; and
WHEREAS, pursuant to Section 562.14, Florida Statutes, a municipality may, by
ordinance, establish hours of sale for alcoholic beverages; and
WHEREAS, Florida courts have rejected equal protection and due process challenges to
Section 562.14, Florida Statutes (See Wednesday Night, Inc. v. City of Fort Lauderdale (Fla.
1973)); and
WHEREAS, Florida Courts have determined that it is within the police power and
authority for a municipality to change the hours of regulation of alcoholic beverages, because
municipalities have the statutory authority under Section 562.14, Florida Statutes, to restrict the
sale of alcohol; additionally, a municipal ordinance regulating the hours of sale of alcoholic
beverages may be applied to a property incorporated later into the municipality by annexation.
Village of North Palm Beach v. S & H Foster's, Inc., 80 So. 3d 433 (Fla. 4th DCA 2012); and
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WHEREAS, in State ex rel. Floyd v. Noel (Fla. 1936), the Florida Supreme Court
recognized that "Mt is so well settled that no citation of authority is required to support the
statement that a municipality exercising the powers inherent in municipal corporations may
reasonably regulate the sale of intoxicating liquors and in providing such reasonable regulations
may prohibit the sale of such liquors within certain hours, and also may prohibit the sale of
liquors within certain zones"; and
WHEREAS, the Florida Attorney General has opined that a municipality may regulate (1)
the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3) the
sanitary conditions under which alcoholic beverages may be dispensed or served to the public.
Florida AGO 059-73 (1959); and
WHEREAS, in fact, the Florida Attorney General has opined that different hours may be
provided for in a municipal ordinance, provided there is reasonable relation to the health, safety,
and morals of the community. Op. Att'y Gen. Fla., p. 497 (1950); and
WHEREAS, Florida courts have consistently held that alcoholic beverage
establishments are not entitled to grandfather status as to hours of sale for alcoholic beverages.
(See Village of North Palm Beach v. S & H Foster's, Inc. (Fla. 4th DCA 2012); Other Place of
Miami, Inc. v. City of Hialeah Gardens (Fla. 3d DCA 1978)); and
WHEREAS, injunctive relief is not available against the enforcement of a municipal
ordinance regulating the time at which alcoholic beverages may be sold, because municipalities
have the statutory authority to set times for sale of alcoholic beverages. Id.; Playpen S., Inc. v.
City of Oakland Park, 396 So. 2d 830 (Fla. 4th DCA 1981); and
WHEREAS, Florida Courts have ruled that hours of operation are not a property right. S.
Daytona Rests., Inc. v. City of S. Daytona, 186 So. 2d 78 (Fla. 1st DCA 1966); and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Section 6-3, entitled "Hours of sale/violations," of Article I, of Chapter 6 of the City
Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 6
ALCOHOLIC BEVERAGES
ARTICLE I. In General
Sec. 6-3. Hours of sale/violations.
(a) The hours of sale of alcoholic beverages, whether as a permitted main or accessory use,
shall require a State License, and shall be according to the following schedule:
(1) Retail stores for package sales only—Off-premises consumption. Vendors may make
sales of alcohol only for off-premises consumption between the hours of 8:00 a.m. and
midnight.
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A. Notwithstanding subsection (a)(1), vendors located in the MXE mixed use
entertainment district, that portion of the CD-27 commercial, medium
intensity district adjoining the MXE district between along Washington Avenue
and Pennsylvania Avenue, from between 5th Street to and 16th Street, and that
portion of the CD-2 district adjoining the MXE district along the east side of
Collins Avenue (between 73rd and 75th Streets) may make sales of alcohol only
for off-premises consumption between the hours of 9042, 10:00 a.m. and 10:00
8:00 p.m.
(2) Retail stores, including grocery, convenience stores, and gasoline service/filling
stations. Retail stores, including grocery, convenience stores, and gasoline
service/filling stations, which primarily offer for sale products other than alcoholic
beverages may only make sales of beer and wine only for off-premises consumption
between the hours of 8:00 a.m. and midnight.
A. Notwithstanding subsection (a)(2), retail stores, including grocery, convenience
stores, and gasoline service/filling stations, that are located in the MXE mixed
use entertainment district, and the that portion of the CD-2 commercial, mixed
use 2 medium intensity district adjoining the MXE districts along Washington
Avenue and-Pennsylvania-Avenue, between 5th Street and 15th 16th Street, and
that portion of the CD-2 district adjoining the MXE district along the east side of
Collins Avenue (between 73rd and 75th Streets), and which primarily offer for
sale products other than alcoholic beverages may only make sales of beer and
wine only between the hours of 10:00 a.m. and 10:00 8:00 p.m.
(3) Alcoholic beverage establishments. All alcoholic beverage establishments with state
licensure—On-premises consumption only, may make sales of alcohol between the
hours of 8:00 a.m. and 5:00 a.m.
(a) Restaurants not operating as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments, but not operating as dance halls or entertainment
establishments, may remain open 24 hours a day; however, alcoholic beverages
may not be offered for sale or on-premises consumption between the hours of 5:00
a.m. and 8:00 a.m.
(b) Restaurants also operating as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments, and also operating as dance halls, or entertainment
establishments, may remain open 24 hours a day; however, alcoholic beverages
may not be offered for sale or on-premises consumption between the hours of 5:00
a.m. and 8:00 a.m., and dancing and entertainment shall not be conducted
between the hours of 5:00 a.m. and 10:00 a.m.
(c) Other alcoholic beverage establishments. Other alcoholic beverage
establishments, not containing restaurants with full kitchen facilities, shall close at
5:00 a.m. and remain closed. No patron or other persons, other than those
employed by the vendor may remain on the premises between the hours of 5:00
a.m. and 8:00 a.m.
(d) Sidewalk cafes. Notwithstanding the provisions of subsections (3)(a) through (c),
alcoholic beverages shall not be offered for sale or consumption at sidewalk cafes,
as defined in section 82-366 of this Code and as otherwise permitted by the City in
accordance with chapter 82, article IV, division 5, subdivision II of this Code (as
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may be amended from time to time), between the hours of 1:30 a.m. and 8:00
a.m., and shall not be consumed at sidewalk cafes between the hours of 2:00 a.m.
and 8:00 a.m. No variances may be granted from the provisions of this section 6-
3(3)(d) as to the hours of sale or consumption of alcoholic beverages at sidewalk
cafes.
Note: For purposes of this section, full kitchen facilities shall mean having commercial
grade burners, ovens, and refrigeration units of sufficient size and quantity to
accommodate the occupancy content of the establishment. Full kitchen facilities must
contain grease trap interceptors, and meet all applicable city, county, and state codes.
(4) Off-premises package sales by alcoholic beverage establishments. Off-premises
package sales associated with alcoholic beverage establishments other than retail
stores shall be permitted between the hours of 8:00 a.m. and midnight.
A. Notwithstanding subsection (a)(4), off-premises package sales associated with
alcoholic beverage establishments, other than retail stores, that are located in the
MXE mixed use entertainment district, and the that portion of the CD-27
commercial, medium intensity district 2, on adjoining the MXE district along
Washington Avenue andPennsylvania Ayenu between 5th Street and
16th Street, and that portion of the CD-2 district adjoining the MXE district along
the east side of Collins Avenue (between 73rd and 75th Streets) shall be
permitted only between the hours of 10:00 a.m. and 10:00 8:00 p.m.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this Ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith 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.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this '5/ da y of �� ��y
, 2017.
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Rafael E. Granado Mayor
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(Sponsored by Vice-Mayor Ricky Arriola and co-sponsor • •, , ayor Philip Levine)
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Ordinances - R5 C
M I AAA 1 BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: October 31, 2017
9:37 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I,
ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF
SALE/VIOLATIONS," TO AMEND THE HOURS OF PACKAGE SALES OF
ALCOHOLIC BEVERAGES (WHICH INCLUDE SALES OF ALCOHOL FOR OFF-
PREMISES CONSUMPTION) IN THE MXE MIXED USE ENTERTAINMENT
DISTRICT, AND IN THE ADJOINING CD-2 COMMERCIAL, MEDIUM INTENSITY
DISTRICT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
RECOMMENDATION
ANALYSIS
The attached Ordinance, which is sponsored by Commissioner Ricky Arriola and co-sponsored by Mayor Philip
Levine, was adopted on First Reading by the City Commission on October 18, 2017. The Ordinance is before the
City Commission on October 31,2017 on Second Reading/Public Hearing.
The Ordinance amends City Code Section 6-3, entitled "Hours of sale/violations," to amend the
hours of package sales of alcoholic beverages (which include sales of alcohol for off-premises
consumption) in the MXE Mixed Use Entertainment district, and in portions of the adjoining CD-2
Commercial, Medium Intensity district. The Ordinance changes the termination time for package
sales to 8:00 p.m. in the subject areas.
FINANCIAL INFORMATION
The Ordinance is expected to have no more than a nominal impact on City resources.
Legislative Tracking
Office of the City Attorney
Sponsor
Page 73 of 376
Vice-Mayor Ricky Arriola and Co-Sponsored by Mayor Philip Levine
ATTACHMENTS:
Description
D Ordinance
D Ad
Page 74 of 376