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Ordinance 96-3042 ORDINANCE NO. 96-3042 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, SERVICE AND SALE OF ALCOHOLIC BEVERAGES ON/IN PUBLIC PLACES PROHIBITED; WARNING SIGNS REQUIRED", INCLUDING A PROHIBITION FOR POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES; PROVIDING FOR CRIMINAL PENALTIES FOR VIOLATIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, 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, the City of Miami Beach deems it in the public interest to prevent public disorder caused by the consumption, service, sale and possession of open containers of alcoholic beverages on/in public places; and WHEREAS, the City of Miami Beach deems it necessary to impose criminal penalties in order to strengthen the method of enforcing the unlawful consumption, service, sale and possession of open containers of alcoholic beverages on/in any public place within the City of Miami Beach. 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 ani, sale and possession of open containers of alcoholic beverages on/in public places prohibited; warning signs required. (a) Definitions. As used in this section, the term: (1) Alcoholic beverage means 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) Citdtiun Illedlls d written notice, issued to d person by drl Ufflcel t►Idt lite UffiCCI has probable cause to believe that the person has CUITIIIIIttell d Civil InfrdctlUll ill VIUldtlon of d duly enacted ordinance and that the county court will hear the charge. The Citation shalt contain. d. The date and tulle of issuance. IJ. The ndrrle and address of the person. C. The date and time the civil infraction VVdS cUIIIIIIItted. d. The facts constituting probable cause. e. The ordinance violated. f. The rldrne dnd dulllonity of the officer. (2)(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. (3)O "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. 2 (4) J 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 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. (5) "Open Container" means any receptacle or container immediately capable of being consumed from by a person, or which has been opened, or a seal broken, or the contents of which have been partially removed. (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. (9) "Public Place" means any public street, sidewalk, or other public right-of-way, 3 pedestrian mall, park, playground, beach, or beach access area within the City of Miami Beach. (b) Violations. (1) It shall be unlawful for any person to consume, serve,.or sell or possess an open container of any alcoholic beverage on/in any public 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, Olt SERVE,. OR POSSESS AN OPEN CONTAINER OF ANY ALCOHOLIC BEVERAGE ON/IN ANY PUBLIC PLACE, ALLEY, 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 CRIMINAL PROSECUTION. Failure to post this sign shall be deemed a violation of this Section. 4 (c) Penalties. (1) Any person convicted of a violation of section 25-33.2(b)(1) of the Code of the City of Miami Beach is d c1Vll Infldc IIUII. Edell VIUIdti011 of this Sectiofi Shall corIStItUte d separate offense. Violations of section 25-33.2(b) will be punished by d civil penally of fifty dollars. shall be punished by imposition of a fine, not to exceed Fifty Dollars ($50.00) for a first offense. Upon any subsequent conviction for violation of section 25-33.2(b)(1), such person shall be punished by imposition of a fine, not to exceed Three Hundred Dollars ($300.00), or by imprisonment not to exceed thirty (30) days, or both. Any person who fails to pay the civil per within the time allowed or who fails to appear in Loud to contest the citation, shall be deemed to have waived Iris right to contest the citation dud judgment may be entered against the person for do amount riot to exceed five hundred dollars. (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. 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 twenty-four (24) hours. (d) En(ur.enient. (1) Any Law E1rfurcerrre 1t fficel who lydS probdkble cause to believe that d person has committed di] da in viUldtiorl of section 25-33.2(b)(1) of the City of tvlidrrri Beach Code shall issue d c.ildli011 to that person. Any person cited fur d violation of Section 25-33.2(b)(1) shall be deemed to be charged with d CiVil InfrdLtloll dnd Slid!' be cited for Such infraction arid cited to appear in 5 court. Any person cited for dll infrdcliori under this section shall sign and accept d cilaliorl indicdtirlg d promise to appear. Any person charged with d civil IIl(ldCllVn under this section may pay the civil penally, either by mail or in person, within twenty days of the dale 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 d hearing on the issue of the commission of the infraction. Any person electing to dppedr before the desiglldled judge shall be deemed to have waived his right to the civil penalty provisions of section 25-33.2(c)(1)-(3). The judge, dile! d hearing, Slid1I rildke d deteliiiiildtiorI dS to Whether dll Infidctioll lids been committed. If llie commission of dll Infrdc[ioii lids been proven, the judge may impose d civil penally not to exceed five hundred dollars. Any person who willfully refuses to sign and accept d citation regarding d violation of Section 25-33.2(b)(1) issued by a Ldw Enforcement Officer shall be guilty of d misdemeanor of the second degree, punishable dS provided by Florida Statutes 775.082, 775.083 or 775.084. (2) Any Code Inspector who lids observed d violation of Section 25-33.2(b)(2) shall issue d notice of violation to the operator and/or owner, ds provided in Chapter 9B of this Code. requiring compliance within d reasonable time. Uncorrected violations shall be enforced arid prosecuted iii the City's Special Master System dS provided in Section 9B of this Code. 6 AV (0;YOLt SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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. 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 a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 4;5.EFFECTIVE DATE. This Ordinance shall take effect on the 30th day of March 1996. PASSED and ADOPTED this 20th day of March , 19•. 4 1 , 0 4 ATTEST: MA Ro (Uk4 cLcL* CITY CLERK FORM APPROVED (Requested by Commissioner Nancy Liebman.) f:\alto\diam\mld-misc\alco-bev.or2 By 1)... .e7e,L.t. 1st reading 3/6/96 Date 3/7 2nd reading 3/20/96 7 OFFICE OF THE CITY ATTORNEY ly Wald F L O R I D A 0 2�PCy MURRAY H. DUBBIN �h Telephone: (305) 673-7470 City Attorney 4`�"� Telecopy: (305) 673-7002 COMMISSION MEMORANDUM NO. J 3 z („ DATE: MARCH 6,1996 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION FROM: MURRAY H. DUBBIN CITY ATTORNEY /44 JOSE GARCIA-PEDROSA CITY MANAGER SUBJECT: "DRINKING IN PUBLI " ORDINANCE Pursuant to Commissioner Nancy Liebman's request, the following ordinance amends the penalties provided for violators of the "Drinking in Public" Ordinance No. 95-2983. Under the language of the amendment, any person who unlawfully consumes, serves, sells, or possesses an open container of any alcoholic beverage on/in any public place within the City of Miami Beach, except in those areas as designated and approved for such use by the City, shall be punished by imposition of a fine for a first offense, or by a fine or imprisonment, or both, for any subsequent offenses. MHD/JGP:mr Agenda Item R 'S E_ Date 3-2 0"al 1700 Convention Center Drive--Fourlloor-- Miami Beach,Florida 33139 • f..ri M Ja '0 A+ QX �• CC• • O C.J• QY • 3H 'd• • ( r o 1H`•'z c-. • so z A 'H U Cr) ao Cr) 371 . �V au AD -H -H 'b N