Loading...
Ordinance 95-2996 ORDINANCE NO. 95-2996 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 12,ENTITLED "LIQUOR CONTROL REGULATIONS", AMENDING SUBSECTION 12-1, ENTITLED "GENERAL PROVISIONS" BY LIMITING PACKAGE SALES BY CERTAIN RETAIL STORES,AND BY RESTAURANTS, BARS, AND NIGHTCLUBS. TO THE HOURS OF 8:00 A.M. TO 12 MIDNIGHT; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the sale of alcoholic beverages for off-premises consumption has a negative impact on surrounding neighborhoods; and WHEREAS,the City Commission has expressed concern over the impact of package sales after 12 midnight; and WHEREAS, it is necessary to regulate the hours of retail package sales for off-premises consumption. NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Subsection 12-1, entitled "General Provisions" of Section 12, entitled "Liquor Control Regulations" of City of Miami Beach Zoning Ordinances No. 89-2665 is hereby amended as follows: 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 Uses. Vendors having a license from the State Division of Alcoholic Beverages and Tobacco for the sale of Liquor and other Alcoholic Beverages for consumption off the Premises, shall only offer for sale Alcoholic Beverages within the hours of 8:00 a.m. to 10:00 p.m. on any day of the week. 2. Retail stores, including grocery and convenience stores, either as permitted main or Accessory Uses, which 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. 12 midnight on any day of the week. 3. Restaurants, Bars, Nightclubs, either as permitted main or Accessory Uses shall only offer for sale the on-Premise consumption of Alcoholic Beverages 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. Off Premises package sales shall be permitted between the hours of 8:00 a.m. and 2:00 a.m. 12 midnight for Bars,and Nightclubs, and Restaurants. SECTION 2. Nothing herein shall be meant to effect any Vendor regulated by Section 563.02, Florida Statutes (1993). SECTION 3. REPEALER That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith 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. EFFECTIVE DATE This Ordinance shall take effect on the 1st day of October, 1995. PASSED and ADOPTED this 7th day of June , 1995. • MAYOR ATTEST: C CITY CLERK CLERK c:rh:2nc810ord 1st reading 5/3/95 2nd reading 6/7/95 FORM APPROVED Legal Dept. By Date q"13 "S 1' CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 3q l -(95 TO: Mayor Seymour Gelber and DATE: Members of the City Commission MAy 17 , 1995 FROM: Roger M. Carlton City Manager SUBJECT: SECOND READING — AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89- 2665, AMENDING SECTION 12, ENTITLED ''LIQUOR CONTROL REGULATIONS," BY AMENDING SUBSECTION 12-1, ENTITLED "GENERAL PROVISIONS" BY LIMITING PACKAGE SALES BY RETAIL STORES WHICH PRIMARILY OFFER FOR SALE PRODUCTS OTHER THAN ALCOHOLIC BEVERAGES, RESTAURANTS, BARS AND NIGHTCLUBS TO THE HOURS OF 8:00 A.M. TO 12 :00 P.M. ; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt on second reading the attached Ordinance to amend Section 12 , entitled "Liquor Control Regulations" of Zoning Ordinance No. 89-2665. BACKGROUND The amendment was requested by Board member Roberto Datorre in response to a re-occurring problem experienced on private and public property, such as municipal parking lots, and along Washington Avenue within the Historic District. The City Attorney's Office drafted the attached amending Ordinance. The Planning Board held a public hearing on March 28, 1995 and voted 7-0 to approve the amendment with an effective date of October 1, 1995. This effective date was requested by the City Attorney to coincide with the occupational license renewal date to help mitigate challenges from effected license holders. On May 3 , 1995 the City Commission approved the amending Ordinance on first reading by a vote of 6-0 (Commissioner Kasdin was temporarily absent from the meeting) . PAGE 1 OF 2 AGENDA I TEM DATE �� 7 15 ANALYSIS During late night hours, between 12 midnight and sunrise, groups of individuals "hang-out" on public and private property and consume alcoholic beverages. These individuals often become a nuisance to surrounding properties in terms of their behavior, in addition to creating unwanted litter. The amendment, herein, would restrict the sale for off-premises package sales to the hours of 8 : 00 a.m. to 12 : 00 p.m. for retail stores (grocery, convenience, etc. ) , bars, nightclubs and restaurants. Currently, these uses may have off premises package sales from 8 : 00 a.m. to 2 : 00 a.m. , seven days a week assuming their State license allows off- premises package sales. Retail package stores that perform package sales only are not effected by this amendment. Their operation will remain within the hours of 8: 00 a.m to 10: 00 p.m. seven days a week as currently permitted. While this amendment can not discourage groups of individuals from congregating on private and public properties within these time periods, it would help to control the negative impacts of off-site consumption of alcoholic beverages in public parks, alleys, streets, parking lots, malls, playgrounds, beaches and any other public right-of-way and on private property by taking away the local source for package sales of alcoholic beverages after 12 : 00 p.m. This Ordinance is a companion to the Ordinance approved on April 5, 1995 as an amendment to the City Code to prohibit consumption, sale and/or service of alcoholic beverages in public places with certain exclusions for sidewalk cafes and other areas designated for such purposes. Combining this new amendment to the City Code with the attached amending Ordinance, law enforcement officers would be more effective enforcing the prohibition against drinking, selling and serving alcoholic beverages in public areas and keeping said activities from having a negative impact on surrounding properties. CONCLUSION Based on the foregoing, the Administration recommends that the City Commission adopt on second reading this amending Ordinance which proposes to limit package sales by retail stores which primarily offer for sale products other than alcoholic beverages (grocery, convenience, etc. ) , restaurants, bars and nightclubs to the hours of 8 : 00 a.m. to 12 : 00 p.m. DJG\MHF\DISK#10\1213CM2.95 PAGE 2 OF 2 • 0 4.1 • Vl C) • W $-1 G) • 0 U) • N .0 I Cr U) rn rn •rl v) CD*1 oo a 0 N bD•r1 1 • rJ m ul 0 O) •ri •ri Z r I c7 +-1 0 O O 4-1P-1 U 1-4Z G 0 CO 4 Q) r-1 G, W ct1 F-• C„) •r{ 1-4 C7. v N-CO C) 1-4 —4 oZ O O a) f-• •r1 c7 oeO .0 • •r1 M 7J O •r1 4-) • u r-1 O 41 ta0 a_I N V) N •,..1 Ri d, to 0o I N r1 •r1 0 G 0 +) -i W WO I O N U r i