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Ordinance 95-2984 ORDINANCE NO. 95-2984 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING MIAMI BEACH CITY CODE SECTION 25-33 . 1, ENTITLED "DISORDERLY CONDUCT-CONSUMPTION OF ALCOHOL IN CERTAIN PUBLIC PLACES" ; PROVIDING FOR REPEALER AND AN EFFECTIVE DATE. WHEREAS, Section 856 . 011, Florida Statutes contains a prohibition against disorderly intoxication which is currently enforced by the City' s Police Department; and WHEREAS, Miami Beach City Code Section 25-33 . 2 which prohibits the drinking, serving or selling of alcoholic beverages on the beaches and provides civil penalties for violations is being amended to apply also to streets, sidewalks, malls and other such public places; and WHEREAS, Section 25-33 . 1 of the Miami Beach City Code is no longer needed as the subject matter it contains will be more appropriately covered by Section 856 . 011, Florida Statutes and Miami Beach City Code Section 25-33 . 2 . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. REPEAL OF MIAMI BEACH CITY CODE SECTION 25-33 . 1 That Section 25-33 . 1 of Miami Beach City Code Chapter 25, entitled "Offenses-Miscellaneous" is hereby repealed. Scc . 25 33 . 1 Di3ordcrly conduct Consumption of alcohol in ccrtain public placcs. It shall be unlawful for any person to drink, scrvc or scll any beer, wine or any other alcoholic beverage on any street , sidewalk pedestrian mall, alley, highway, playground, park or any other public property, in the city, except in those areas as designated and approved by the city manager or the city commission. The words "alcoholic beverage" arc hereby defined for the purposes of this section to mean and include alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or bccr, and which contain one half of one percent or more of alcohol by volume, and which arc fit for bovcrage purposes whether alone or when diluted, mixed or combined with other substances . SECTION 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 . EFFECTIVE DATE. This Ordinance shall take effect on the 15th day of April , 1995 . PASSED and ADOPTED this 5th day o April , 1995 . ATTEST: MAYOR ..vtvoiLet CITY CLERK 1st reading 3/15/95 (11 2nd reading (Requested by Commissioner Martin Shapiro. ) SWS:scf:6,0disk8\alcohol.ord FORM APPROVED Lega ' t. 2 By "ie Date 6-k2.5 2"2'f--47 • OFFICE OF THE CITY ATTORNEY 624 ey:Arinee twa" F L O R I D A BEics LAURENCE FEINGOLD soe►,oQ.,� P O BOX O CITY ATTORNEY 26" MIAMI BEACH. FLORIDA 33119-2032 TELEPHONE(305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMORANDUM NO: ()-1 c DATE: April 5, 1995 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON FROM: LAURENCE FEINGOLD / CITY ATTORNEY SUBJECT: ORDINANCE REPEALING CITY CODE SECTION 25-33 .1 PROHIBITING SELLING, SERVING AND CONSUMING ALCOHOLIC BEVERAGES IN PUBLIC Commissioner Martin Shapiro requested an Ordinance which strengthens our ability to prohibit consumption of alcoholic beverages in public places . In order to accomplish this goal we have drafted an Ordinance amending City Code Section 25-33 . 2 which currently prohibits consumption of alcoholic beverages on the public beaches to include prohibition of consumption, sale or service of alcoholic beverages on/in public places such as sidewalks, streets, alleys, parks, malls and beaches . Section 25- 33 . 2 will require civil fines appealable to our Special Masters . This should improve compliance as the courts have been less responsive to this problem than required to discourage violations . Since this amended version of Section 25-33 . 2 , which is also included in the March 1, 1995 Agenda packet, will replace current Section 25-33 . 1 we have included the attached Ordinance repealing Section 25-33 . 1 . It should also be noted that Section 856 . 011, Florida AGENDA 2 ITEM 3- -0-7 1700 CONVENTION CENTER DRIVE— FOURTH FLOOR— MIAMI BE Ll J DATE • Mayor Seymour Gelber Members of the City Commission City Manager Roger M. Carlton March 1, 1995 Page 2 Statutes, is also being enforced by our Police Department . This Statute provides criminal penalties for disorderly conduct by intoxicated persons . SWS::scf:memos\liq-cons.cm OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139 0 •� Eco CO au — CO U N • : Cb I M 0 r-1 ul M U W C\ I 1 1-r1 AJ U • N U •r1 O co: r-1 • a) 00 Z w b 0 w H U 0Z !x-1.1 U '�•1-11 xZ CCI O H C.i is d_) R U TJ a) O i+ U • • O PG m q • r1 .,i � Q r-I bD 0 • •H 0 0 • r� r1 U • CV a J ri • N •r1 <i • al P; 4-1 • la a.) 0 • 3