Ordinance 99-3210 ORDINANCE NO. 99-3210
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING MIAMI BEACH CITY CODE SECTION 70-
87, ENTITLED " CONSUMPTION, SERVICE, SALE AND POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC PLACES,
WARNING SIGNS REQUIRED", EXEMPTING SIGNAGE REQUIREMENTS;
PROHIBITING ALL ALCOHOLIC BEVERAGE ESTABLISHMENTS FROM
KNOWINGLY ALLOWING PERSONS TO LEAVE THE ESTABLISHMENT WHILE
IN POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES;
PROVIDING FOR ADDITIONAL PENALTIES FOR VIOLATIONS; PROVIDING FOR
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, alcoholic beverage establishments in the City of Miami Beach have a
responsibility to ensure that their patrons and guests do not violate the law; and
WHEREAS, open containers of beer, wine and other alcoholic beverages on or in public
places within the City are often used as projectiles in situations of disturbances and riots, thereby
endangering the health, safety and welfare of residents and visitors to the City; and
WHEREAS,the existence of the open containers on our public streets, beaches, alleyways,
and other public areas contributes to littering in the City; and
WHEREAS, alcoholic beverage establishments are in a better position to ensure that
problems associated with the possession of open containers sold and/or dispensed by the
establishments are disposed of in a lawful manner so as to prevent any violations of the law.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 70-87, entitled " Consumption , service, sale and possession of open
containers of alcoholic beverages on or in public places, warning signs required " is hereby
amended to read as follows:
Sec. 70-87. Consumption, service, sale and possession of open containers of alcoholic beverages
on or in public places, warning signs required.
(a) Violations.
(1) It shall be unlawful for any person to consume, serve, sell or possess an open container
of any alcoholic beverage on or in any public place within the city 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.
Areas temporarily designated for such use by the city by the issuance of a valid special
event permit.
(2) The owner or operator of any package store or foodstore 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, SERVE, OR POSSESS AN
OPEN CONTAINER OF ANY ALCOHOLIC BEVERAGE ON/IN ANY PUBLIC PLACE,
ALLEY, STREET, SIDEWALK, PARK, BEACH. OR OTHER SUCH PLACE WITHIN THE
CITY OF MIAMI BEACH UNLESS DESIGNATED FOR SUCH PURPOSE BY THE CITY.
VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION.
Failure to post this sign shall be deemed a violation of this section. This sign shall be exempt
from permit requirements of chapter 138 of this Code.
(3) It shall be unlawful for any owner, operator, agent or employee of any alcoholic
beverage establishment licensed to sell, serve or dispense beer, wine, liquor or any other
alcoholic beverage within the city,to knowingly allow any person to take from the licensed
premises any opened beer, wine, liquor or other alcoholic beverage container, or to knowingly
allow any person to take from the licensed premises any glass, metal, plastic, or other open or
unsealed container of beer, wine, liquor or any other alcoholic beverage or any mixture thereof.
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(b) Penalties.
(1) Any person connvicted of a violation of subsection (a)(1) of this section shall be
punished by imposition of a fine not to exceed $50.00 or by imprisonment not to exceed 10 days,
or both, for a first offense. Upon any subsequent conviction for violation of subsection(a)(1) of
this section, such person shall be punished by imposition of a fine not to exceed $300.00, or by
imprisonment not to exceed 30 days, or both.
(2) Subsections (a)(2) and (a)(3) of this section shall be prosecuted in the city's special
master system and punished by a per diem fine of up to $250.00 or$500.00 for repeat violations
as provided in chapter 30 of this Code. Any code inspector who has observed a violation of
subsections (a)(2) or(a)(3) of this section shall issue a notice of violation to the operator and/or
owner, as provided in chapter 30 of this Code, requiring compliance within 24 hours.
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 affceted 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 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 appropiate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 16th day of_ October , 1999.
PASSED AND ADOPTED this 6th day of October , 1999.
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MAYOR
ATTEST:
APPROVED LANGUAGE
CITY
TO
FORM&
CITY CLERK & FOR EXECUTION
1st reading 9/22/99
2nd reading 10/6/99 Le.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:Uci.miam i-beach.fl.us
COMMISSION MEMORANDUM NO. -7 2 I— t
cli
TO: Mayor Neisen O. Kasdin and DATE: October 6, 1999
Members of the City C i mmission
FROM: Sergio Rodriguez /
City Manager
SUBJECT: SECOND READING - AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING
MIAMI BEACH CITY CODE SECTION 70-87, ENTITLED
"CONSUMPTION, SERVICE, SALE AND POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC
PLACES, WARNING SIGNS REQUIRED," EXEMPTING SIGNAGE
REQUIREMENTS; PROHIBITING ALL ALCOHOLIC BEVERAGE
ESTABLISHMENTS FROM KNOWINGLY ALLOWING PERSONS TO
LEAVE THE ESTABLISHMENT WHILE IN POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES; PROVIDING FOR
ADDITIONAL PENALTIES FOR VIOLATIONS; PROVIDING FOR
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
The City Commission approved this Ordinance on the first reading at the September 22, 1999
meeting.
One of the "quality of life" issues affecting Ocean Drive is drinking in public; this issue has
previously been addressed in the"Drinking in Public Ordinance" (Code Section 70-87).The Police
Department has reviewed this legislation and has concluded that to enhance the enforcement of the
Ordinance, certain amendments need to be made. These amendments are:
1.The current Ordinance requires package stores to post signs advising customers that it is unlawful
to possess an open container of any alcoholic beverage on or in any public place in the City. These
signs must be placed on the entrances and exits of each store. However, the provisions of this
Ordinance are in conflict with provisions of Chapter 138 of the City Code that governs signs with
regard to the size of the sign and letters. Since this conflict exists, some package stores have been
cited by the Code Compliance Department. In order to eliminate this conflict, it is recommended
AGENDA ITEM
DATE I - '1—t
that these signs be exempted from the requirement of Chapter 138 of the City Code.
2. The current Ordinance does not provide for imprisonment for the first violation, therefore, the
illegal consumers may not be arrested. This presents a serious problem in those situations where
violators do not have verifiable addresses (visitors from out of town, homeless persons) and,
pursuant to State law, should not be released with a Promise to Appear. However, based on the
current ordinance, those "unverifiable" violators cannot be arrested; they may only be issued a
"Promise to Appear" and, consequently,they may never be brought before the court. An amendment
• to the Ordinance will provide for imprisonment on a first offense and will ensure successful
enforcement of the Ordinance.
3. Lastly, a major concern is that many times bars and clubs allow patrons to leave their premises
holding a cup of beer or other mixed drink. The amendment of this Ordinance would hold the
premises responsible for ensuring that patrons do not leave with any type of glass, metal, plastic or
other open or unsealed container of beer, wine, liquor or any other alcoholic beverage.
The Washington Avenue Task Force met on September 21, 1999 and reviewed the proposed
amendments. The Task Force agrees with the proposed amendments to the Ordinance as written
except that they would recommend that in Section 1, (a) 2, be revised to include the word "beach"
for locations where an open container is prohibited.
CONCLUSION
By approving these amendments, the establishments that sell alcoholic beverages will become
responsible for assisting in the enforcement of this Ordinance and the Police Department will have
more meaningful enforcement due to an increased ability to arrest violators.
The City Commission should adopt the Ordinance.
SR/RB/DD/PS/MMS
T:\AGENDA\1999\OCT0699\REGULAR\DRINKINO.W PD
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