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Ordinance 99-3224 ORDINANCE NO. 99-3224 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE • CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 6 ENTITLED "ALCOHOLIC BEVERAGES", SECTION 6-4 ENTITLED "LOCATION AND USE RESTRICTIONS" BY REQUIRING A MINIMUM DISTANCE SEPARATION BETWEEN NIGHT CLUBS, DANCE HALLS AND ENTERTAINMENT ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES;AMENDING ARTICLE V,ENTITLED"SPECIALIZED USE REGULATIONS" OF SECTION 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS" BY REQUIRING A MINIMUM DISTANCE SEPARATION BETWEEN DANCE HALLS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Code of the City of Miami Beach specifies certain location and use restrictions for facilities selling or offering alcoholic beverages for consumption; and, WHEREAS, said Code requires requires a minimum distance separation between certain facilities selling or offering alcoholic beverages for consumption; and, WHEREAS,the City Commission desires this provision to apply to establishments that also operate as nightclubs, entertainment establishments and/or dance halls, in order to address problems that are compounded by their close proximity, including valet service,traffic control and pedestrian control; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 6-4, entitled "Location and Use Restrictions" of Chapter 6, entitled "Alcoholic Beverages", of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Chapter 6 ALCOHOLIC BEVERAGES Sec. 6-4. Location and use restrictions. (a) Generally. The following location and use restrictions are applicable for facilities selling or offering alcoholic beverages for consumption: (1) Educational facilities. No alcoholic beverage shall be sold or offered for consumption in a commercial use within 300 feet of any property used as a public or private school operated for the instruction of minors in the common branches of learning. Except for uses in the civic and convention center(CCC) district, hospital (HD) district or within 300 feet of a marina. (2) Places of worship. No alcoholic beverage shall be sold or offered for consumption in a commercial use, except in restaurants for consumption on the premises, within 300 feet of any property used as a place of worship. (3) Retail stores for off-premises consumption. The minimum distance separation between retail stores primarily selling alcoholic beverages for consumption off the premises as a main permitted use shall be 300 feet. (4) Motion picture theater. No alcoholic beverages shall be sold or offered for consumption in any motion picture theater or in any room opening directly or indirectly into or in connection with any motion picture theater. (5) Filling station. No wine or liquor shall be sold or offered for consumption in any filling station. (6) Curb service sales.No alcoholic beverages shall be sold or served to persons in a vehicle of any kind or from an exterior counter or any type of walk-up window. All sales are to be from the interior of the structure. (7) Off-premises consumption. All sales of alcoholic beverages for consumption off the premises shall be in a sealed container. (8) Bottle clubs. There shall be no bottle clubs within 300 feet of any property used as a public or private school operated for the instruction of minors in the common branches of learning or place of worship. (9) Dance Halls. The minimum distance separation between dance halls licensed to sell alcoholic beverages, and not also operating as restaurants with full kitchens and serving full meals, shall be 300 feet. (10) Entertainment Establishments. The minimum distance separation between entertainment establishments licensed to sell alcoholic beverages, and not also operating as restaurants with full kitchens and serving full meals, shall be 300 feet. (b) Determination of minimum distance separation. (1) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the main entrance or exit in which the use associated with alcoholic beverages occurs to the nearest point of the property used for a public or private school. In cases where a minimum distance is required between two uses associated with the alcoholic beverages for consumption on or off the premises, the minimum requirement shall be determined by measuring a straight line between the principal means of entrance of each use. (2) When a distance separation is required, a scaled survey drawn by a registered land surveyor shall be submitted attesting to the separation of the uses in question. This requirement may be waived upon the written certification by the planning and zoning director that the minimum distance separation has been met. (C) Variances. Variances to the provisions of this section may be granted pursuant to the procedure in section 118-351 et seq. SECTION 2. That Article V, entitled "Specialized Use Regulations" of Chapter 142, entitled "Zoning Districts and Regulations", of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Chapter 142 -Zoning Districts and Regulations ARTICLE V SPECIALIZED USE REGULATIONS DIVISION 9. DANCE HALLS Sec. 142-1421. Dance Halls. (a) Minimum distance separation. (1) As per Section 6-4(a)(9)of this Code,the minimum distance separation between dance halls licensed to sell alcoholic beverages, and not also operating as restaurants with full kitchens and serving full meals, shall be 300 feet. (2) The minimum distance separation between dance halls not licensed to sell alcoholic beverages shall be 300 feet. (b) Determination of minimum distance separation. (1) For purposes of determining the minimum distance separation, the requirement shall be determined by measuring a straight line between the principal means of entrance of each use. (2) When a distance separation is required. a scaled survey drawn by a registered land surveyor shall be submitted attesting to the separation of the uses in question. This requirement may be waived upon the written certification by the planning and zoning director that the minimum distance separation has been met. Ld Variances. Variances to the provisions of this section may be granted pursuant to the procedure in section 118-351 et seq. SECTION 3. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 4. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA It is the intention of the City Commission,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 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention;and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 25th day of December , 1999. PASSED and ADOPTED this 15th day of Decem.- , 1999. A I/` ST: n MAYOR cuc CITY CLERK F:\PLAN\$PLB\OCTI999\DIST 1426\DISTANCE.FIN 1st reading 11/17/99 APPROVED AS TO 2nd reading 12/15/99 FORM & LANGUAGE & FOR EXECUTION /11 /x—J 2m City Attorney Date CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139rr;I http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. 9 Q3-91 TO: Mayor Neisen O.Kasdin and DATE: December 15,1999 Members of the City Commission FROM: Sergio Rodriguez 1` City Manager / 1// SUBJECT: Nightclub I nce Separations Second R ading Public Hearing - An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida Amending the Code of the City of Miami Beach, Florida, Amending Chapter 6 Entitled "Alcoholic Beverages", Section 6-4 Entitled "Location and Use Restrictions" by Requiring a Minimum Distance Separation Between Night Clubs,Dance Halls and Entertainment Establishments Selling Alcoholic Beverages; Amending Article V, Entitled "Specialized Use Regulations" of Section 142, Entitled "Zoning Districts and Regulations" by Requiring a Minimum Distance Separation Between Dance Halls; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission, upon second reading public hearing, adopt the proposed amending Ordinance. ANALYSIS The consideration of proposed amendments to`the Land Development Regulations of the City Code relative to distance separation requirements for alcoholic beverage establishments was referred to the Planning Board by the City Commission on September 17, 1999 at the request of Mayor Neisen Kasdin. As the Commission is aware,a number of issues related to the operation of nightclubs and similar establishments have been of concern to the City, and have been the subject of referrals to the Planning Board, the Washington Avenue Task Force, and other City advisory boards. Numerous meetings under these auspices have been held over the past year to discuss the issues, and representatives of the nightclub industry, concerned neighborhood residents, and the City Administration have all been involved in these discussions. Much progress has been made in identifying potential solutions to the various problems at issue. The proposed amending ordinance before the Commission today, requiring distance separations between alcoholic beverage establishments, can be considered as part of a package of proposals dealing with the impacts of nightclub establishments on the City, which the Commission will be considering. AGENDA ITEM S 6 E. DATE 12- 1,5-99 Commission Memorandum December 15, 1999 Nightclub Distance Separations Page 2 ANALYSIS (Continued) The Planning Board, at its October 26, 1999 meeting, voted 6-0 to recommend approval of the proposed amending ordinance. At its November 17, 1999 meeting,the City Commission voted 6-1 (Commissioner Garcia opposed) to approve the proposed ordinance on first reading. Currently,the City Code contains a minimum distance separation requirement of 300 feet for retail stores selling alcohol for off-premises consumption. Additionally, the Code contains regulations limiting alcoholic beverage establishments from being located within 300 feet of educational facilities and houses of worship. Dance Halls and Entertainment Establishments The proposed amending ordinance adds a minimum distance separation requirement of 300 feet for dance halls and entertainment establishments, as defined in the new proposed definitions reviewed previously by the Planning Board. It has been the Planning Board's conclusion that the negative impacts associated with certain nightclub type establishments within the City can be assigned primarily to the dancing and entertainment component associated with these establishment. It is for this reason that the Planning Department's draft ordinance focuses on dance halls and entertainment establishments, rather than simply focusing on alcoholic beverage establishments as a whole. (See Attachment "A" for proposed definitions of dance hall and entertainment establishment). As the City, and especially the South Beach area, has evolved into a world-class entertainment district,the negative impacts of nightclubs on the surrounding neighborhoods has been a cause for concern. By ensuring that new nightclub establishments are suitably separated from one another, the City can avoid creating more areas such as the area of Washington Avenue between 6th and 7th Streets, where the proliferation of nightclubs has created a"dead-zone" during the day, as all the nightclubs located there present opaque facades, closed during the daytime hours, and only commence business in the late evening hours. The City Police Department staff has stated that there should exist regulations that require a distance separation for nightclubs, and that problems commonly associated with clubs that are compounded by their close proximity. These include valet service, traffic control and in particular pedestrian control. This proposed amending ordinance would ensure a 300 foot separation between clubs, which is approximately one block; for example, the 300 foot distance might allow an individual club on each corner of one single block,which would be a more appropriate distance than currently exists in areas of heavy nightclub concentrations. Note that under this proposed ordinance, existing clubs would be grandfathered in, and be allowed to remain in their existing location in their present form. Note also that in cases of hardship, the proposed ordinance would allow variances to this distance separation regulation,just as variances Commission Memorandum December 15, 1999 Nightclub Distance Separations Page 3 ANALYSIS (Continued) are presently permitted for the existing distance separation requirements. All applications for variances under this provision would have to meet the requirements of the Land Development Regulations of the City Code regarding such variance applications. Note that these proposed minimum distance separation regulations would also apply to dance halls not also licensed as alcoholic beverage establishments. Establishments of this kind, sometimes known as"juice bars",are proposed to be considered Dance Halls,and licensed as such,under the new proposed nightclub definitions. These establishments have been the subject of discussion and proposed legislation, and the potential negative impacts of such establishments on their surrounding neighborhoods has been documented. Including them in the distance separation requirements will insure that concentrations of non-alcoholic `juice-bar"type nightclubs, and their associated negative impacts, do not occur in specific areas. This proposed amending ordinance is one way to address the problem of over concentration of nightclubs and other types of alcoholic beverage establishments. Additionally, the proposed amending ordinance addresses the concentration of dance halls which are not alcoholic beverage establishments. Based on the foregoing analysis, the Administration recommends that the Commission adopt, upon second reading public hearing, the proposed amending ordinance to Sections 6 and 142 of the Code of the City of Miami Beach, Florida. V 6 RL G.T66 SR \JGG\RGL\rgl T:\AGENDA\1999\DEC 1599\REGULAR\1426CMM2.WPD ATTACHMENT"A" PROPOSED DEFINITIONS FOR DANCE HALLS AND ENTERTAINMENT ESTABLISHMENTS Dance hall means a commercial establishment where dancing by patrons is allowed,including,but not limited to. restaurants, alcoholic beverage establishments and entertainment establishments. Entertainment establishment means a commercial establishment with any live or recorded, amplified or non-amplified performance. 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