2016-29589 Reso RESOLUTION NO. 2016-29589
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO.
2016-29522, WHICH CALLED FOR A SPECIAL ELECTION TO BE
HELD ON NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING
AN ADVISORY, NON-BINDING STRAW BALLOT QUESTION TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH ASKING WHETHER
THE MAYOR AND CITY COMMISSION SHOULD ADOPT AN
ORDINANCE STOPPING THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES AT 2:00 A.M., INSTEAD OF 5:00 A.M.,
FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON
OCEAN DRIVE BETWEEN 5TH AND 15TH STREETS, EXCEPT FOR
INDOOR PORTIONS OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND
LOCATED ENTIRELY WITHIN HOTELS.
WHEREAS, on July 20, 2016, the Mayor and City Commission of the City of Miami
Beach passed and adopted Resolution No. 2016-29522 (attached hereto as Exhibit A); and
WHEREAS, Resolution No. 2016-29522 called for a Special Election to be held on
November 8, 2016, for the purpose of submitting an advisory, non-binding straw ballot
question to the electorate of the City of Miami Beach asking whether the Mayor and City
Commission should adopt an Ordinance stopping the sale and consumption of alcoholic
beverages at 2:00 a.m., instead of 5:00 a.m., for alcoholic beverage establishments located
on Ocean Drive between 5th and 15th Streets, except for indoor portions of alcoholic
beverage establishments that are completely enclosed and located entirely within hotels; and
WHEREAS, the Mayor and City Commission wish to withdraw the straw ballot
measure from the November 8, 2016 Miami Beach Special Election that was the subject of
Resolution No. 2016-29522 by repealing Resolution No. 2016-29522.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that City of Miami Beach
Resolution No. 2016-29522 is hereby repealed.
PASSED AND ADOPTED this 027 day of September, e 6 ;,
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ATTEST: €�_ �'.' ine, Mayor•■
CORP oPATJ. .
Rafael E. Granado, City APPROVED AS TO
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City Attorney Dote
RESOLUTION NO. 2016-29522
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
CALLING FOR A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 8, 2016, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH, FLORIDA AN ADVISORY, NON-BINDING
STRAW BALLOT QUESTION ASKING WHETHER THE
MAYOR AND CITY COMMISSION SHOULD ADOPT AN
ORDINANCE STOPPING THE SALE AND CONSUMPTION
OF ALCOHOLIC BEVERAGES AT 2:00 A.M., INSTEAD
OF 5:00 A.M., FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS LOCATED ON OCEAN DRIVE
BETWEEN 5TH AND 15TH STREETS, EXCEPT FOR
INDOOR PORTIONS OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS THAT ARE COMPLETELY
ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida
and the general laws of the State of Florida, a Special Election is hereby called and
directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on
Tuesday, November 8, 2016, for the purpose of submitting to the electorate the
advisory, non-binding straw ballot question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall
conduct the said Special Election hereby called, with acceptance of the certification of
the results of said Special Election to be performed by the City Commission. The official
returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach
as soon as the ballots from all precincts have been tabulated.
EXHIBIT
A
•
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as
established by the proper and appropriate Miami-Dade County Election Officials. All
electors shall vote at the polling places and the voting precincts as determined by the
Miami-Dade County Election Officials as set forth in the attached Exhibit "A".1
•
SECTION 4.
Not less than thirty days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald,
a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SECTION 5.
The Notice of Election ("Notice") shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM
7:00 A.M. UNTIL 7:00 P.M. ON THE 8th DAY OF NOVEMBER, 2016, AT
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING ADVISORY, NON-BINDING STRAW BALLOT
QUESTION:
•
1
As of date,the City of Miami Beach has not received from Miami-Dade County Elections Department the final list of
polling places for the City's November 8, 2016 Special Election. Accordingly, attached to this Resolution is a list of
polling places from the City's March 2016 Special Election,which upon receipt from the County,will be superseded
by the Department of Elections' list of polling places for the City's subject November 8,2016•Special Election,which
list of polling places for the City's November 8,2016 Special Election will be publicly noticed by the City.
•
Advisory. Non-binding Straw Ballot Question
Alcohol regulations for Ocean Drive between 5th - 15th Streets
Should the Mayor and City Commission adopt an Ordinance stopping the sale
and consumption of alcoholic beverages at 2:00 a.m., instead of 5:00 a.m., for
alcoholic beverage establishments located on Ocean Drive between 5th and 15th
Streets, except for indoor portions of alcoholic beverage establishments that are
completely enclosed and located entirely within hotels?
YES
NO
Said Notice shall further set forth the several polling places in the election
precincts as established in accordance with Section 3 hereof, and shall further set forth
pertinent information regarding eligibility of electors to participate in said election.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November
8, 2016, hereby called, shall be in substantially the following form:
OFFICIAL BALLOT
Advisory, Non-binding Straw Ballot Question
Alcohol regulations for Ocean Drive between 5th - 15th Streets
Should the Mayor and City Commission adopt an Ordinance stopping the sale
and consumption of alcoholic beverages at 2:00 a.m., instead of 5:00 a.m., for
alcoholic beverage establishments located on Ocean Drive between 5th and 15th
Streets, except for indoor portions of alcoholic beverage establishments that are
completely enclosed and located entirely within hotels?
YES
NO
SECTION 7.
The form of the ballots to,be used in this Special Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical
or other approved voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida governing voter registration.
Qualified persons may obtain registration forms to vote at the Office of the City Clerk,
City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139,
during normal business hours, and at such other voter registration centers and during
such times as may be provided by the Supervisor of Elections of Miami-Dade County.
The Miami-Dade County Supervisor of Elections will register voters.for this Special
Election until 5:00 p.m. on October 11, 2016. All persons eligible to vote in this Special
Election must be registered before the time and date set forth herein or have registered
previously, as provided by law. Each person desiring to become a registered voter shall
be responsible for properly filling out the registration form and returning it to the Miami-
Dade County Elections Office. All questions concerning voter registration should. be
directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral,
Florida 33172; Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the absentee voters participating in said Special Election shall be entitled to
cast their ballots in accordance with the provisions of the laws of the.State of Florida
with respect to absentee voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miami-Dade County or directly to all persons or firms, upon
receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade
County, Florida.
SECTION 11.
If any section, sentence, clause or phrase of the ballot measure set forth above
• in this Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of the remaining portions
of said ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this at) day of Jul , 2016.
ATTEST: /:. `,, r/
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Rafae E. Granado, City Clerk
(Sponsored by Mayor Philip Levine)
...wm., APPROVED AS TO
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City Attorney Date
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F:\ATTOW4LN\BALLOT QUESTION\Straw Ballot re Alcohol on Ocean Drive 5-15th Streets RESO.docx
PROPOSED BALLOT QUESTION
NOVEMBER 8, 2016 SPECIAL ELECTION
I. PROPOSED.BALLOT QUESTION:
Advisory. Non-binding Straw Ballot Question
Alcoholic regulations for Ocean Drive between 5th - 15th Streets
Should the Mayor and City Commission adopt an Ordinance stopping the sale
and consumption of alcoholic beverages at 2:00 a.m., instead of 5:00 a.m., for
alcoholic beverage establishments located on Ocean Drive between 5th and 15th
Streets, except for indoor portions of alcoholic beverage establishments that are
completely enclosed and located entirely within hotels?
YES
NO
MIAM BEACH
MIAMI BEACH SPECIAL ELECTION
MARCH 15, 2016
MIAMI BEACH PRECINCTS LIST
Polling Name Location cr: Polling Name Location
Place No. '`f g
�'��ti�� Place No.
011 Biscayne Elementary 800 77 Street r .T (s 030 Miami Beach 2000 Convention
School htT''>;
Botanical Garden Center Drive
013 North Shore Branch 7501 Collins rq.N4'¢ 031 Miami City Ballet 2200 Liberty •
Library Avenue �>..: ;'•'. Avenue
014 North Shore Park Youth 501 72 Street +r.;, ;;; 032 Miami Beach Regional 227 22 Street
Center 0-4 Library
015 Normandy Shores Golf 2401 Biarritz Drive ;-; 033 Miami Beach Senior 2231 Prairie
`' High School Avenue
Club �.��i-,�•:
018 Indian Creek Fire 6860 Indian Creek I 036 Miami Beach Police 999 11 Street
Station#4 Drive o..;?r Athletic League
019 Normandy Park& Pool 7030 Trouville "w';�.— 037 Miami Beach City Hall 1700 Convention
Esplanade Center Drive
020 T North Shore Park Youth 501 72 Street s,;{ i 038 Veterans Foreign War 650 West Avenue
Center n &31t` • Post#3559
023 Miami Beach Fire 5303 Collins s:%, 040 South Pointe 1050 4 Street
Station#3 Avenue `°-, Elementary School
024 Nautilus Middle School 4301 N. Michigan . , 041 South Shore .833 6 Street#2
Avenue Community Center
025. St. John's on the Lake 4760 Pine Tree 042 Feinberg Fisher K-8 601 14 Place
Methodist Church Drive ,,s4,:.*,., Center School
028 Temple Beth Shalom 4144 Chase rx '043 Miami Beach Police 1100 Washington
Avenue Department t Avenue
029 North Beach 4100 Prairie 048 Rebecca Towers 200 Alton Road
Elementary School Avenue g'=
T =Temporary polling place change.
•
Please note that the above list Is subject to change, If needed.
The voting precincts for the March 15, 2016 City of Miami Beach Special Election shall be as established by the Miami-Dade
County election officials. On Election Day, all electors shall vote at the voting locations and the voting precincts In which the
official registration books show that the electors reside. All questions concerning voting locations and voting precincts should
be directed to the Miami-Dade County Elections Department, 2700 NW 87 Avenue, Dora!, Florida 33172; Telephone:
305.499.VOTE (8683)or TTY:305.499.8480...
Rafael E.Granado, City Clerk
. City of Miami Beach
AD 1133
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EXHIBIT A
Page 191 of 216
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411
September 30, 2016
Christina White, Supervisor of Elections
Miami-Dade Elections Department
2700 NW 87 Avenue
Doral, FL 33172
Dear Ms. White,
On September 27, 2016, pursuant to Resolution 2016-29589, the Miami Beach City
Commission withdrew the Straw Ballot Question from the November 8, 2016 Miami
Beach Special Election regarding the hours during which alcoholic beverages may be
sold or consumed at alcoholic beverage establishments located on Ocean Drive
between 5th and 15th Streets. A copy of the resolution is attached.
The Straw Ballot Question withdrawn reads as follows:
Advisory, Non-binding Straw Ballot Question
Alcohol regulations for Ocean Drive between 5th - 15th Streets
Should the Mayor and City Commission adopt an Ordinance
stopping the sale and consumption of alcoholic beverages at 2:00
a.m., instead of 5:00 a.m., for alcoholic beverage establishments
located on Ocean Drive between 5th and 15th Streets, except for
indoor portions of alcoholic beverage establishments that are
completely enclosed and located entirely within hotels?
YES 250
NO 251
The other two ballot questions on the City's November 8, 2016 Special Election are to
remain on the ballot.
As we are notifying the Elections Department past the deadline to remove the Straw
Ballot Question from the ballot, we request that the following steps be taken by the
Elections Department:
1) The Elections Department to provide written notice to voters at the polls, Vote-by-
Mail, and at Early Voting locations that the Straw Ballot Question has been
withdrawn; and
2) If votes are nevertheless cast on the Straw Ballot Question, contrary to the
written notifications, for the Elections Department not to count, tabulate, or
release any votes cast in connection with the City's Straw Ballot Question.
Please call me at 305-673-7411 to discuss this further.
Respectful y,
Rafael E. Granado
City Clerk
c: Carolina Lopez, Deputy Supervisor of Elections
Zeida Reyes, Elections Coordination Manager