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Ordinance 95-2983 ORDINANCE NO. 95-2983 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS" , AMENDING SECTION 25- 33 .2, ENTITLED "CONSUMPTION OF ALCOHOL ON PUBLIC BEACHES" , AMENDING THE DEFINITION OF "ALCOHOLIC BEVERAGE" ; PROHIBITING THE SALE, SERVICE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON/IN PUBLIC PLACES; PROVIDING EXCEPTIONS; REQUIRING STORES SELLING ALCOHOLIC BEVERAGES TO POST A SIGN REGARDING THIS PROHIBITION; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the unauthorized consumption, service and sale of alcoholic beverages on/in public places threatens the health, safety and welfare of citizens and visitors in the City of Miami Beach; and WHEREAS, it is necessary to amend Miami Beach City Code Section 25-33 . 2 in keeping with the current definition of "alcoholic beverage" in the Florida Statutes and to add prohibition against consumption, service and sale of alcoholic beverages in/on other public places in addition to beaches; and WHEREAS, it is necessary to inform persons purchasing alcoholic beverages of the restriction against consumption, sale, or service in public places, in order to prevent violations . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . AMENDMENT OF CITY CODE SECTION 25-33 .2 That Section 25-33 . 2 of Miami Beach City Code Chapter 25, entitled "Offenses-Miscellaneous" is hereby amended as follows : Sec. 25-33 .2 Consumption, service and sale of alcoholic beverages on/in public beeches places prohibited; warning signs required. (a) Definitions . As used in this section, the term: (1) Alcoholic beverage means alcohol, 3pirit3, liquor, wine, beer, and which contain one half of one percent or more of alcohol by volume, and which arc fit for beverage purpocc3 whether alone or when diluted, mixed or combined with other sub3tanccs . distilled spirits and all beverages containing 0 . 5 percent or more alcohol by volume . The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water. (2) Citation means a written notice, issued to a person by an officer, that the officer has probable cause to believe that the person has committed a civil infraction in violation of a duly enacted ordinance and that the county court will hear the charge . 2 The citation shall contain: a. The date and time of issuance . b. The name and address of the person. c . The date and time the civil infraction was committed. d. The facts constituting probable cause . e . The ordinance violated. f . The name and authority of the officer. (3) "Code Inspector" means an authorized employee of the City of Miami Beach whose duty it is to ensure code compliance, including but not limited to inspectors of the City' s Code Enforcement Division and law enforcement officers as defined herein. (4) "Food Store Selling Alcoholic Beverages" means any food or convenience store which has a license for package sales of alcoholic beverages from the Florida Division of Beverages and Tobacco in the classification 1-APS, 2-APS or PS . (5) (2) Law Enforcement Officer (officer) means any person who is elected, appointed, or employed full time by the city of Miami Beach or the state or any political subdivision thereof, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or 3 the enforcement of the penal, criminal, traffic, or highway laws of the state . This definition includes all part-time law enforcement officers, auxiliary law enforcement officers, and all certified supervisory and command personnel whose duties include, in whole and in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, reserve officers or auxiliary law enforcement officers but does not include support personnel employed by the employing agency. (6) "Operator" means any person physically present at a food store selling alcoholic beverages or package store, who is managing said store or is otherwise in charge of its operation. (7) "Owner" means any person holding an occupational license for a food store selling alcoholic beverages or for a package store . (8) "Package Store" means any store primarily engaged in the business of selling alcoholic beverages for off-premises consumption and which has a license for package sales from the Florida Division of Beverages and Tobacco in the classification of 1-APS, 2-APS, or PS . JZ' "Public Place" means any public street, sidewalk, or other public right-of-way, pedestrian mall, park, playground, 4 beach, or beach access area within the City of Miami Beach. (b) Violations . (1) It shall be unlawful for any person to consume or pos3c35, serve or sell any beer, wine or any othcr alcoholic beverage on/in any public beach and it3 access ar as place within the City of Miami Beach, except in those areas as designated and approved for such use by the City Manager or the City Commission, including, but not limited to the following: a. Sidewalk cafes having a valid City Sidewalk Cafe Permit . b. Public property leased from the City by a private entity and licensed by the City for such use . c . Areas temporarily designated for such use by the City by issuance of a valid Special Event Permit . (2) The owner or operator of any package store or food store selling alcoholic beverages shall prominently post, on the outside of each entrance and on the inside of the main customer exit of each package store or store selling alcoholic beverages, a sign with contrasting letters at least two inches tall , stating the following: IT IS UNLAWFUL FOR ANY PERSON TO CONSUME, SELL, OR SERVE ANY ALCOHOLIC BEVERAGE ON/IN ANY PUBLIC PLACE, ALLEY, 5 STREET, SIDEWALK, PARK, OR OTHER SUCH PLACE WITHIN THE CITY OF MIAMI BEACH UNLESS DESIGNATED FOR SUCH PURPOSE BY THE CITY. VIOLATORS ARE SUBJECT TO A CIVIL PENALTY. Failure to post this sign shall be deemed a violation of this Section. (c) Penalties . (1)Any violation of section 25-33 . 2 (b) (1) of the Code of the City of Miami Beach is a civil infraction. During a one year period, Each violation of this section shall constitute a separate offense . Violations of section 25-33 . 2 (b) will be punished by a civil penalty of fifty dollars .as follows . (1) For a first violation, by a civil pcnalty of fifty (2) For a second violation, by a civil pcnalty of one hundred dollars . (3) For each additional violation, by a civil pcnalty of Any person who fails to pay the appropriate civil penalty within the time allowed or who fails to appear in court to contest the citation, shall be deemed to have waived his right to contest the citation and judgment may be entered against the person for an amount not to exceed five hundred dollars . 6 (2) Any violation of Section 25-33 . 2 (b) (2) shall be prosecuted in the City' s Special Master System and punished by a per diem fine of up to $250 or $500 for repeat violations as provided in Section 9B of this Code . (d) Enforcement by citations . (1) Any Law Enforcement Officer who has probable cause to believe that a person has committed an act in violation of section 25-33 . 2 (b) (1) of the City of Miami Beach Code shall issue a citation to that person. Any person cited for a violation of Section 25-33 . 2 (b) (1) this section shall be deemed to be charged with a civil infraction and shall be cited for such infraction and cited to appear in court bcforc an official . Any person cited for an infraction under this section shall sign and accept a citation indicating a promise to appear. Any person charged with a civil infraction under this section may pay the civil penalty, either by mail or in person, within twenty days of the date of receiving the citation. If the person cited follows the above procedure, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of the commission of the infraction. Any person electing to appear before the designated judge 7 official shall be deemed to have waived his right to the civil penalty provisions of section 25-33 . 2 (c) (1) - (3) . The judge official, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the judge official may impose a civil penalty not to exceed five hundred dollars . Any person who willfully refuses to sign and accept a citation regarding a violation of Section 25-33 . 2 (b) (1) issued by an a Law Enforcement Officer shall be guilty of a misdemeanor of the second degree, punishable as provided by Florida Statutes 775 . 082, 775 . 083 or 775 . 084 . (2) Any Code Inspector who has observed a violation of Section 25-33 . 2 (b) (2) shall issue a notice of violation to the operator and/or owner, as provided in Chapter 9B of this Code . requiring compliance within a reasonable time . Uncorrected violations shall be enforced and prosecuted in the City' s Special Master System as provided in Section 9B of this Code . SECTION 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 8 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. This Ordinance shall take effect on the 15th day of April, 1995. PASSED and ADOPTED this 5th day o Aril, 1995. ATTEST: _ MA e' ALA-AAL • 1 CITY CLERK (Requested by Commissioner Martin ' hapiro. ) 1st reading 3/15/95 2nd reading 4/5/95 SWS:scf:6.0disk8\alco-bev.ord FORM '" • VED aie L.• A 'ept. Date SW S 11-r z- 45 9 • OFFICE OF THE CITY ATTORNEY 674 erio wale% F L O R I D A Pr1 8Egcti * iIcoQtu * LAURENCE FEINGOLD - j �, P O BOX 0 CITY ATTORNEY H26 MIAMI BEACH. FLORIDA 33119-2032 TELEPHONE(305)673-7470 TELECOPY 1305) 673-7002 COMMISSION MEMORANDUM NO: 21 (8 CIS DATE: April 5 , 1995. TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. C• 'LTON FROM: LAURENCE FEINGOLD CITY ATTORNEY I 411r SUBJECT: ORDINANCE PROHIBITING CONSUMPTION/SALE/SERVICE OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES AND REQUIRING WARNING SIGNS IN PACKAGE STORES Commissioner Martin Shapiro requested the attached Ordinance which will improve our ability to prohibit consumption, sale and/or service of alcoholic beverages in public places . This Ordinance amends City Code Section 25-33 . 2 which currently provides civil penalties for consumption of alcoholic beverages on the public beaches by extending the prohibition to other public places such as sidewalks, streets, alleys, malls, parks, playgrounds and beaches and all public right-of-ways and by also prohibiting sale or service of alcoholic beverages in public places . The Ordinance contains an exemption for consumption, sale, and service of alcoholic beverages in licensed sidewalk cafes and in other areas designated for such purposes by the City. In order to simplify enforcement procedures for the Police Department, there is a single penalty of fifty dollars ($50 . 00) for each violation. This eliminates the problem of having the Police Officer need to know whether the violation is a first, second or third offense at the time a civil citation is issued. AGENDA ITEM - 3- 0- • 1700 CONVENTION.CENTER DRIVE- FOURTH FLOOR - MIA DATE -1-4q Mayor Seymour Gelber Members of the City Commission City Manager Roger M. Carlton March 1, 1995 Page 2 This proposed Ordinance also requires stores which sell alcoholic beverages for off-premises consumption to display a sign informing purchasers of such beverages that it is unlawful to consume them on beaches, streets, and other public places which have not been designated for such purposes . Violations involving failure to display the sign are enforced by issuance of a notice of violation by a Code Inspector. Failure to comply with the notice results in prosecution in the City' s Special Master System with potential fines of up to $250 per day. This is based upon a similar ordinance in the Dade County Code . The City currently has a criminal ordinance on this subject, City Code, Section 25-33 . 1 . However, enforcement of this criminal ordinance has not been successful in the court system. It will be repealed by an ordinance also included in the March 15, 1995 Agenda Packet . We believe that the method of enforcement in the attached ordinance, the civil citation system, will be successful . It should also be noted that, persons who become disorderly while intoxicated on public property may be cited and/or arrested pursuant to Section 856 . 011, Florida Statutes . This Statute is currently being enforced by the City' s Police Department . The attached Ordinance should improve the City' s effectiveness in enforcing the prohibition against drinking, selling and serving alcoholic beverages in public . SWS:scf:6.0sws"A"4\consume.cm OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 • • G 0 O ✓ u • r—f M ro CO tr) ., 4-I • N 0 N CA I $4 G G t.n a 0 0 Cr, u •,-I . fl. G +.) • ro �. • o [ � • Z • v CO • w a) C.) G • H U 'U CO 0 • U 4 O •,-1U • c L U i .) —4 CA T1 d-) a) a) (.1) r I cn C U G 41 •r4 C.) • 4-1 4-1 CO 4.1 G a) • O aJ � U bD•0 N •H • a) • —� i7 4-I M • •r•I I W a) +-) 1-r1 ¢yF N a) cO, O