Loading...
Ordinance 99-3187 ORDINANCE NO. 99-3187 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE • CITY OF MIAMI BEACH, FLORIDA ESTABLISHING A TEMPORARY MORATORIUM TO BE EFFECTIVE THROUGH SEPTEMBER 30,1999 ON • A) THE ISSUANCE OF NEW CERTIFICATES OF USE AND OCCUPATIONAL LICENSES FOR ESTABLISHMENTS LOCATED ON ANY PROPERTY WHICH HAS A LOT LINE ON LINCOLN ROAD, FROM THE ATLANTIC OCEAN ON THE EAST TO BISCAYNE BAY ON THE WEST, WHICH WILL ALLOW DANCING AS A USE AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, AND B) THE EXPANSION OF USES UNDER EXISTING CERTIFICATES OF USE AND OCCUPATIONAL LICENSES FOR ESTABLISHMENTS LOCATED ON ANY PROPERTY WHICH HAS A LOT LINE ON LINCOLN ROAD,FROM THE ATLANTIC OCEAN ON THE EAST TO BISCAYNE BAY ON THE WEST, WHICH DO NOT CURRENTLY ALLOW, BUT SEEK TO ALLOW, DANCING AS A USE AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, IN ORDER TO CONSIDER AND FULLY IMPLEMENT, IF ADOPTED, AMENDMENTS TO THE MIAMI BEACH CITY CODE AMENDING THE DEFINITIONS, OPERATIONAL REQUIREMENTS, AND LICENSING PROCEDURES RELATED TO RESTAURANTS, NIGHTCLUBS, SUPPER CLUBS,DANCE HALLS,BARS,ENTERTAINMENT ESTABLISHMENTS, AND ALCOHOLIC BEVERAGE ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Miami Beach("City") is in the process of evaluating its licensing regulations and procedures with regard to restaurants, nightclubs, supper clubs, dance halls, bars, entertainment establishments, and alcoholic beverage establishments to address certain problems including, but not limited to, the proliferation of dance clubs and discotheques operating under restaurant licenses and certificates of use throughout the City; and WHEREAS,the problems associated with the proliferation of dance clubs and discotheques on Washington Avenue is beginning to be experienced on Lincoln Road from the Atlantic Ocean on the east to Biscayne Bay on the west and is expected to multiply as commercial development continues to increase on Lincoln Road; and WHEREAS,pending the formulation and adoption of new legislation by the City addressing the concerns with regard to the issuance of certificates of use and licenses for the variety of establishments which now currently operate under a restaurant license and certificate of use,the City Commission deems it in the best interest and welfare of the City to impose a temporary moratorium on(a)the issuance of new certificates of use and occupational licenses for establishments on Lincoln Road which will allow dancing as a use after the effective date of this Ordinance and (b) the expansion of uses under existing certificates of use and occupational licenses for establishments on Lincoln Road which do not currently allow, but seek to allow, dancing as a use after the effective date of this Ordinance, in order to consider and fully implement, if adopted, new legislation to address the licensing procedures and requirements for the variety of alcoholic beverage and entertainment establishments in the City; and WHEREAS,this Ordinance is not intended to affect those establishments on Lincoln Road which currently have valid restaurant licenses and certificates of use and which have allowed dancing as a use prior to the effective date of this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: SECTION 1. That a temporary moratorium is hereby imposed through September 30, 1999 on: A) The issuance of new certificates of use and occupational licenses for establishments located on any property which has a lot line on Lincoln Road,from the Atlantic Ocean on the east to Biscayne Bay on the west, which will allow dancing as a use after the effective date of this Ordinance, and B) The expansion of uses under existing and valid certificates of use and occupational licenses for establishments located on any property which has a lot line on Lincoln Road, from the Atlantic Ocean on the east to Biscayne Bay on the west, which do not currently allow,but seek to allow, dancing as a use after the effective date of this Ordinance, in order to consider and fully implement, if adopted, amendments to the Miami Beach City Code amending the definitions, operational requirements, and licensing procedures related to restaurants, nightclubs, supper clubs, dance halls, bars, entertainment establishments, and alcoholic beverage establishments. SECTION 2. SEVERABILITY. If any section, subsection,clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect on the 16th day of June , 1999. PASSED and ADOPTED this 9th day of June , 1999. • ATTEST: MAYOR ktAlt 90tAttUVI CITY CLERK 1st reading 5/26/99 2nd reading 6/9/99 Ordinance No. 99-3187 F:\ATTO\TURMORDINANC\NITECLB3.ORD 5/18/99 APPROVED AS 10 FORM & LANGUAGE & FOR EXECUTION k2/11 City Attorney Dais CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARING ON TEMPORARY MORATORIUM NOTICE IS HEREBY given that a public hearing will be held by the City Commission of the City of Miami Beach, Florida on Wednesday, June 9, 1999, at 2:30 p.m., in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. During this meeting, the City Commission will hold a second reading, public hearing to consider the following: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM TO BE EFFECTIVE THROUGH SEPTEMBER 30, 1999 ON: A) THE ISSUANCE OF NEW CERTIFICATES OF USE AND OCCUPATIONAL LICENSES FOR ESTABLISHMENTS LOCATED ON ANY PROPERTY WHICH HAS A LOT LINE ON LINCOLN ROAD, FROM THE ATLANTIC OCEAN ON THE EAST TO BISCAYNE BAY ON THE WEST, WHICH WILL ALLOW DANCING AS A USE AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, AND B) THE EXPANSION OF USES UNDER EXISTING CERTIFICATES OF USE AND OCCUPATIONAL LICENSES FOR ESTABLISHMENTS LOCATED ON ANY PROPERTY WHICH HAS A LOT LINE ON LINCOLN ROAD, FROM THE ATLANTIC OCEAN ON THE EAST TO BISCAYNE BAY ON THE WEST, WHICH DO NOT CURRENTLY ALLOW, BUT SEEK TO ALLOW, DANCING AS A USE AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, IN ORDER TO CONSIDER AND FULLY IMPLEMENT, IF ADOPTED, AMENDMENTS TO THE MIAMI BEACH CITY CODE AMENDING THE DEFINITIONS, OPERATIONAL REQUIREMENTS, AND LICENSING PROCEDURES RELATED TO RESTAURANTS, NIGHTCLUBS, SUPPER CLUBS, DANCE HALLS, BARS, ENTERTAINMENT ESTABLISHMENTS, AND ALCOHOLIC BEVERAGE ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. A copy of this Ordinance is Available for Public Inspection During Normal Business Hours in the City Clerk's Office. Inquiries May Be Directed to the License Department at (305) 673-7420. The above item may be continued at this meeting and, under such circumstances, additional legal notice would not be provided. Any person may contact the City Clerk at (305) 673-7411 for information as to the status of this item as a result of the meeting. Pursuant to Section 286.0105, Fla. Stat. , the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the City Clerk's office no later than four days prior to the proceeding. Telephone (305) 673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770 (VOICE) , for assistance. BISCAYNE BAY nimn' II\ l 111111► Mitt =_ _= 111111111 Illlllll► =111 _- =_ imam mmHgX11 811111,11111111$11:1U*1111 \� 11111'1111 111111111`1111111111 1111\ 8E33i 1111111111 =1111111: 111I11. 111111111 ��, S11. 111111 un1111 flu IIIIIIIII 811 111111lll 111111118 11 11111811 88811 =111 888111 err v.ann 9 111118111 1 1 ,�11 1111811 1111111111 1111 11111111 ■111111=III 1HEM -3EH* IN I - y.i1 = 111111= =' " """" iiiiiiiii - -�nnn 8888 7. 111111- tgillllll n 3:::llimiliii iiiiiuu gigiuu luun IIIIIIIII IIIIIIIIII 1111111 AnAprriC_- e OFFICE OF THE CITY ATTORNEY 624 dy Weed F L O R I D A MURRAY H. DUBBIN i 9�alr Telephone: (305) 673-7470 City Attorney Telecopy: (305) 673-7002 COMMISSION MEMORANDUM NO. 4.(2.--G -9 TO: Mayor Neisen O. Kasdin and DATE: June 9, 1999 Members of the City Commission 0), Ati(k. FROM: Murray H. Dubbin City Attorney Pk SUBJECT: ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ISSUANCE OF NEW LICENSES AND CERTIFICATES OF USE AND THE EXPANSION OF USES UNDER EXISTING LICENSES AND CERTIFICATES OF USE WITH REGARD TO DANCE USES ON LINCOLN ROAD. Pursuant to the request of Commissioner Nancy Liebman, the following Ordinance establishing a temporary moratorium with regard to dance uses on Lincoln Road is submitted for consideration and review by the Mayor and City Commission for second reading/public hearing. cc: Sergio Rodriguez City Manager F?ATTUiURMCOMMNEMO.IICkTSE2MOR Agenda Item � �j Date G-9 1 — 9 1700 Convention Center Drive— Fourth Floor—Miami Beach, Florida 33139 '4-4 --a > 0 0 0 - o 00 1) :—. cu '? H ° ,=; ° ° •u R. � , U , 01 cd ? N U v C U �� up °` ° . °� ,4 4 . ch 0 -4W a Q � v ctsU o cd y U U ¢� �." w 3 o o as 0 c O y ° Q• (i) O