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Ordinance 2000-3241 ORDINANCE NO. 2000-3241 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 6-1 ENTITLED PURPOSE,AND ADDING NEW SECTION 6-5 ENTITLED PATRON AGE RESTRICTIONS, PROHIBITING PERSONS UNDER THE AGE OF 21 FROM PATRONIZING ALCOHOLIC BEVERAGE ESTABLISHMENTS, EXCEPTING RESTAURANTS AND BUSINESSES WITH ANOTHER PRINCIPAL PURPOSE, AS SPECIFIED, WITH ENFORCEMENT AGAINST VIOLATIONS PROVIDED FOR; 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, as permitted by state law, contains various restrictions on the sale of alcoholic beverages within the City; and WHEREAS,the State of Florida has established the age of 21 as the minimum drinking age for alcoholic beverages within the State; and WHEREAS, numerous incidents have occurred of persons under the age of 21 being admitted to alcoholic beverage establishments within the City, and being served or otherwise obtaining alcoholic beverages in violation of State law,and contrary to the public health,safety and welfare of the City of Miami Beach; and WHEREAS, numerous incidents have occurred evidencing the problems associated with minors and other persons under the age of 21 patronizing, visiting and loitering around alcoholic beverage establishments; and WHEREAS, the City Commission recognizes the importance that parents and legal guardians have with respect to child-rearing,and the need to promote and enhance parental control over minors and other persons under the legal drinking age with respect to the use and abuse of alcohol, and particularly concerning access to places where alcohol is sold and consumed; and WHEREAS, the City Commission deems it necessary to enact regulations to address the problems associated with minors and other persons under the age of 21 patronizing, visiting and loitering around alcoholic beverage establishments, by restricting the patron age of such establishments; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 6-1, entitled "Purpose," of Chapter 6,entitled "Alcoholic Beverages," of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Sec. 6-1. Purpose. To achieve the purposes of this chapter and to provide for the general welfare and safety of the public, it is necessary that regulations be established relating to the location, size and hours of operation, and patron age,of uses that permit the sale and consumption of alcoholic beverages. SECTION 2. That a new Section 6-5, entitled "Patron Age Restrictions," of Chapter 6, entitled "Alcoholic Beverages," of the Code of the City of Miami Beach, Florida, be enacted to read as follows: Sec. 6-5. Patron Age Restrictions. (a) Persons under the age of 21 shall not be allowed to patronize, visit, or loiter in any alcoholic beverage establishment, as defined in section 114-1 of this Code, except as hereinafter provided. This restriction shall not apply to: (1) persons employed by or at the alcoholic beverage establishments; (2)persons accompanied by either of their parents(natural,adoptive,or step-parent) or legal guardian(appointed by a court); and (3) alcoholic beverage establishments also licensed and operating as restaurants, containing a full kitchen of an appropriate size to serve the occupancy load of the establishment, serving full meals at all times. (b) In the case of hotels and other similar multi-use establishments, this restriction applies only to those areas of the establishment operating primarily as an alcoholic beverage establishment, and not also operating as a restaurant as described in subsection(a)(3) above. (c) Enforcement and penalties. (1)This section may be enforced by the Miami Beach Police Department or the Department of Code Compliance. The Department of Code Compliance shall issue notices of violations for offenses as defined below. An offense of this section shall be defined as three violations on different dates within a six-month period. Suspension hearings and appeals of fines imposed through notices of violation shall be conducted by the Special Master as provided for in Chapter 30 of this Code, with appeal by certiorari to the Circuit Court, Appellate Division. (2)It shall be a defense to alleged violations of this section that the person under the age of 21 obtained access through a fraudulent identification, and the business used reasonable efforts to prevent the use of fraudulent identifications. (3) The fine of$500 shall be imposed for the first offense; a fine of$1,000 shall be imposed for the second offense;a fine of$3,000 shall be imposed for the third offense;a suspension of the business's occupational license for one weekend (from Friday 12:00 a.m. through Sunday 12:00 a.m.) shall be imposed for the fourth offense; and for the fifth and subsequent offenses, the Special Master may impose suspensions of the business's occupational license for 7-days, 30-days, six-months or may revoke the business's occupational license. (4)Presentation of a proposed business security plan to prevent future violations may be considered as a mitigating factor in the suspension hearing or appeal process. (5) Persons under the age of 21 found in violation of this section shall be asked by 2 the business establishment, the Department of Code Compliance, or certified law enforcement officers, to leave the premises subject to this ordinance. Failure to leave the premises will subject the violator to criminal penalties as provided by Florida law. 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 20th day of May, 2000. PASSED and ADOPTED this 10th day of May, 2 AYOR ATTEST: V(vuiv?r fa-k-Li2x--- CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 5/( al it Att rney Date F:\ATTO\HELG\Projects\Ordinances\Ageordinance5.wpd- May 10,2000 3 Karen C. Susman _L��1z% 353 W. 47th Street#8E Miami Beach, Florida 33140 (305) 672-5486 (305) 538-7231 (work) susmom; !, "Edit Fax '�i 585 09-Feb-00 of 13:08 page of 1 ' /c- _ -/ { � ' • ililIlitt MIAMI DESIGN PRESERVATION LEAGUE . i• •; 410 POST pfflCE 001 190180, MIAMI BEACH• FIOAIOR 33119-0160 r:111: :L (30S) 672-2014 FAX (305) 672-4319 4. . , r _L February 9,2000 To: Mayor and City Commission City ofMiami Beach 1700 Convention Center Drive Miami Beach FL 33139 Front Board of Directors,MDPL At the meeting of the Board of Directors of the Miami Design Preservation League held Monday,February 7, 2000 the following resolution was unanimously approved: RESOLUTION Whereas the Miami Design Preservation League is dedicated to peaceful enjoyment by the residents of and visitors to the Art Deco Historic District,therefore be it resolved that the League supports any and all efforts by the City of Miami Beach to enhance livability,eliminate hooliganism, enforce curfews and control noise within that District. 02/09/2000 12:4:4 3056722711 PAGE 02 FROM : IAN-PENDRY, s Esquire PHONE NO. : 305 Feb. 07 2000 03:22PM P1 ' tis CLEVELANDER HOTEL FACSIMILE TRANSMITTAL SHEET TO: - - - - - raom. Steve Polisar Ian Hendry- COMPANY: 1)A1'L 2/7/00 FAX NUMBER; TOTA1.Nc).OF PMIES MG LUOING GUv'_'tt: 305 672 2711 I R . 0 URGENT 0 FOR RRVIEW 0 PLEASE COMMENT El P1.F,ASP.RI:PLY C3 PLJ Asir RECYCLE Thus facsimile offers support for raising the age limit in dubs and bars in the City of Miami Beach to 21 years of age. Full service restaurants will continue under the present ordinance and not subject to the above change,the ncw ordinance would apply to those dubs wile do not proviric food service to their guests. • Every Club,bat or Restaurant owner has had the opportunity to ttend meetings. From the discussion in these meetings, I see no reason wily a busing s promo ling the sale of alcoholic beverages needs customers not legally allowcd to consume alcohol. This has been discussed openly in numerous meetings with Comr!iics over Liebman and the overall consensus of opinion amongst the industry mexx>herg dct rimed a change in the lili current ordinance would be prudent and beneficis]to the indusn?-and to the Ciry of Miami li Beach_ t Ian R Hendry 7 General Manager .............. 1020 OCEAN DRIVE, MIAMI BEACH, FLORIDA 33139 TEL; 305 531 3485 FAX: 305 531 9673 ROM CHARLES L. SCHAAB II PHONE NG. : 3a5 531 2592 FEB. 07 2000 11:45AM P2 7 Bo: a6 :a:- r r +"f-1Lc( /J1- ( CITY OFMIAM1 BEACH i70C Conventio^Center Onve, Miami Sea Fiona 33135 htt;.:Nci.n iami-teach R.us • City Manager's Office Telephone 305 673-7090 ;3eslmile 305 673-7752 February 3, 2000 TO: Washington Avenue Task Force Members Edith Wigoda Linda Polansky Annette Weisman Saul Gross David Kelsey Charles Schaab Elena Randazzo Jeff Bechdei Roberto Datorre Carlos Matin • Cathy Leff • FROM: Ronnie Singer Executive Assistant to the City Manager SUBJECT: 21 and Over Policy in Bars and Clubs On February 9, 2000 at 2:00 p.m.. the City Commission will take a position on whether or not to seek the approval of the State Legislature to change Stare law to allow municipalities the ability to change the entry age in Bars and Clubs from 18 to 21 years of age. The Washington Avenue Task Force has consistently advocated this position from it's inception. In fact,they urged the City to prioritize this issue at;he State Lettislaturc last year. This position was also supported by the City's consultant, Rob Thir in.the report he issued with recommendations for improving conditions on Washington Avenue. At the last Washington Avenue Task Force meeting,the group decided to hold a community meeting to hear public comments on this issue. However, the City Commission's intent to address this issue next week has pre-ernpted that effort. Since there is no opportunity to reconvene the Task Force for this purpose, please sign your approval or disapproval of a 21 & over policy for Bars and Clubs and fax it back to me at 305-673-7782, so that the Task Force recomendation can be made part of the record. I encourage you to participate in this important discussion when it is heard by the City Commissioners on February 9th, 2000, VI approve a 21 and over age policy for Bars and Clubs. I disapprove a p 21 ad over an-- policy for Bars and Clubs. AP/kJ/71(1'4: a Signature Print FROM: Ronnie Singer Executive Assistant to the City Manager SUBJECT: 21 and Over Policy in Bars and Clubs On February 9, 2000 at 2:00 p.m., the City Commission will take a position On whether or not to seek the approval of the State Legislature to change State law to allow municipalities the ability to change the entry age in Bars and Clubs from 18 to 21 years of age. The Washington Avenue Task Force has consistently advocated this position from it's inception. In fact, they urged the City to prioritize this issue at the State Legislature last year. This position was also supported by the City's consultant,Rob Teir in the report he issued with recommendations for improving conditions on Washington Avenue. At the last Washington Avenue Task Force meeting,the group decided to hold a community meeting to hear public comments on this issue. However, the City Commission's intent to address this issue next week has pre-empted that effort. Since there is no opportunity to reconvene the Task Force for this purpose,please sign your approval or disapproval of a 21 & over policy for Bars and Clubs and fax it back to me at 305-673-7782, so that the Task Force recomendation can be made part of the record. I encourage you to participate in this important discussion when it is heard by the City Co ' sioners on February 9th, 2000. I approve a 21 and over age policy for Bars and Clubs. ❑ I • ove a 21 and Qr : e policy for Bars and Clubs. • d/cir23: df lir ' • - - print 02.07.00 13: 42 FAX 3055343925 Fienberg-Fisher Zi 02 CITY OF MIAMI BEACH 1700 Convention Cenler Onve, F4 rri Beach, Florida 33139 n:tp`,Sct.mtani-beac!.fl.as City Manager's Office Telephone 305 673-T010 Facsimile 305 6T3-T7B2 -February 3. 2000 TO: Washington Avenue Task Force Members Edith Wigoda Linda Polansky1�� nermin eisSaul Gross 1 �� Am David Kelsey Charles Schaah Elena Ranch-172o Jeff Bechdel Roberto Daty re Carlos Marin Cathy Leff FROM: Ronnie Singer Executive As si;tant to the Ciry Manager SI J;s:f L T. 2 i and Over Policy in Bars and CIubs On February 9. 2000 at 2:00 p.m.,the City Commission will take a position on whether or not to seek the approval of the State Legislature to change State law to allow municipalities the ability to change the entry age in Bars and Clubs from l& to 21 years of age. The Washington.Avenue Task Force has consistently advocated this position from it's inception. In fact they urged the City to prioritize this issue at the State Legislature last year. This position was also supported by the City's consultant, Rob Teir in the report he issued with recommendations for improving conditions on Washington Avenue. At the last Washington Avenue Task Force meeting,the group decided to hold.a community meeting to hear public comments on this issue. However,the City Commission's intent to address this issue next week has pre-empted that effort. Since there is no opportunity to reconvene the Task Force for this purpose,please sign your approval or disapproval of a 21 &:over policy for Bars and Clubs and fax it back to me at 305-673-7782, so that the Task Force recomendation can be made part of the record. T encourage you to participate in this important discussion when it is heard by the City Commissioners on February 9th. 2000 I approve a 21 and over age policy for Bars and Clubs. ❑ I disapprove a 21 and over age policy for Bars and Clubs. iliX/1114%- 1/-2.1V Signature � -- ---• Frim Fia42/ae `' £ -�- - r . 4 (ate 02/07/2000 17: 49 3055382863 PAGE 01 U2/t1//2000 09: 57 3056737782 CITY MANAGERS OFFICE PAGE 0" CITY OFA MIAMI BEACH 1700 Convention Center Drive.Miami Beech,Florida 33139 http:llci.rniernl-beach.fl.us City Manager's Office Telephone 305 573-731D Facsimile SOS 673-7782 February 3, 2000 TO: Washington Avenue Task Force Members Edith Wigoda Linda Polansky Annette Weisman Saul Gross David Kelsey Charles Schaab Elena Randazzo Jeff Bechdel Roberto Datorre Carlos Marin. Cathy Leff FROM: Ronnie Singer Executive Assistant to the City Manager SUBJECT: 21 and Over Policy in Bars and Clubs On February 9, 2000 at 2:00 p.m., the City Commission will take a position on whether or not to seek the approval of the State Legislature to change State law to allow municipalities the ability to change the entry age in Bars and Clubs from I8 to 21 years of age. The Washington Avenue Task Force has consistently advocated this position from ifs inception. In fact,they urged the City to prioritize this issue at the State Legislature last year. This position was also supported by the City's consultant, Rob Teir`in the report he issued with recommendations for improving conditions on Washington Avenue. At the last Washington Avenue Task Force meeting,the group decided to hold a community meeting to hear public comments on this issue.However, the City Commission's intent to address this issue next week has pre-empted that effort. Since there is no opportunity to reconvene the Task Force for this purpose,please sign your approval or disapproval of a 21 &over policy for Bars and Clubs and fax it back to me at 305-673-7782; so that the Task Force recomendation can be made part of the record. I encourage you to participate in this important discussion when it is heard by the City Commissioners on February 9th,2000. I approve a 21 and over age policy for Bars and Clubs. CJ I disa..rove a 21 and over age policy for Bars and Clubs. 1l .`G9 D� �Q,L. Print 02/04/2090 10:23 3056737782 CITY MANAGERS OFFICE PAGE 01 CITY OF* MIAMI BEACH 17611 Convention Center Drive,Miami Beech"Florida 33139 http:Nlci.miem I-beeeh.fl.us City Manager's Office Telephone 306 673-7010 Faccirnile 305 6T3-7782 February 3,2000 TO: Washington Avenue Task Force Members Edith Wigoda Linda Polansky Annette Weisman Saul Gross David Kelsey Charles Schaab Elena Randazzo Jeff Bechdel Roberto Datorre Carlos Marin Cathy Leff FROM: Ronnie Singer /a'`"---sr' Executive Assistant to the City Manager SUBJECT: 21 and Over Policy in Bars and Clubs On February 9, 2000 at 2:00 p.m.,the City Commission will take a position on whether or not to seek the approval of the State Legislature to change State law to allow municipalities the ability to change the entry age in Bars and Clubs from 18 to 21 years of age. The Washington Avenue Task Force hac consistently advocated this position from it's inception. In fact,they urged the City to prioritize this issue at the State Legislature last year. This position was also supported by the City's consultant, Rob Teir in the report he issued with recommendations for improving conditions on Washington Avenue, At the last Washington Avenue Task Force meeting,the group decided to hold a community meeting to hear public comments on this issue. However,the City Commission's intent to address this issue next week has pre-empted that effort. Since there is no opportunity to reconvene the Task Force for this purpose,please sign your approval or disapproval of a 21 &over policy for Bars and Clubs and fax it back to me at 305-673-7782, so that the Task Force recomendation can be made part of the record. I encourage you to participate in this important discussion when it is heard by the City Commissioners on February 9th, 2000. I approve a 21 and over age policy for Bars and Clubs. 0 I disapprt e a 21 and over age policy for Bars and Clubs. • ,-.4 // .2/Yip 0 ' li LozW"- Ir Sit.ature • Print FEB-04-000 FRI 14 :04 OFFBEAT. INC. D. B. A. MARS 305 673 8040 P. 01 02/04/2000 10:22 3056737782 CI—r Nt,aAGEFE OFFICE CITY OF MIAMI BEACH 1700 Convention Center Drive,Miami Beach,Florida 33139 hftp:llci.mlami-beach.fl.us b' Ctty Manager's Office Telephone 30567)-TI Facsimile 105 574 fr,., February 3,2000 TO: Washington Avenue Task Force Members Edith Wigoda Linda Polanskv Annette Weisman Saul Gross David Kelsey Charles Schaah Elena Randazzo Jeff Beclidel Roberto Datorre Carlos,Marin Cathy Leff FROM: Ronnie Singer / \ Executive Assistant to the City Manager SUBJECT: 21 and Over Policy in Bars and Clubs On February 9,2000 at 2:00 p.m.,the City Commission will take a position on whether c: seek the approval of the State Legislature to chapge State law to allow municipalities the ah: t:• change the entry age in Bars and Clubs from 18 to 21 years of age. The Washington Avenue Task Force has consistently advocated this position from it's incep fact,they urged the City to prioritize this issue at the State Legislature last year. This posit also supported by the City's consultant,Rob Teir in the report he issued with recomunenda:, improving conditions on Washington Avenue. At the last Washington Avenue Task Force meeting,the group decided to hold a community rr.. to hear public comments on this issue.However,the City Commission's intent to address the next week has pre-empted that effort.Since there is no opportunity to reconvene the Task For this purpose,please sign your approval or disapproval of a 21 &over policy for Bars and C111— fax it back to me at 305-673-7782,so that the Task Force recomendation can be made pari record. I encourage you to participate in this important discussion when it is heard by the ; Co�nunissioners on February 9th,2000. E+ I approve a 21 and over age policy for Bars and Clubs. 0 I disapprive a 21 and over a.e policy for Bars and Clubs. Sign re Print P 2,7/2000 19: 10 30586403300 AYUDA HAPPY KIDS PAGE 02 141 . 4u•+ . ., . Mayor and City Commissioners City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 April 28, 2000 Dear Sirs/Madames: Please accept this letter in support of the legislation to prevent youth under 21 from entering bars and nightclubs in the City'of Miami Beach. It has been proven that youth under 21 generally cruise listlessly, become rowdier upon drinking, are easier to be reved up for trouble in a crowd, and generally drive at higher and more dangerous speeds after a long night of attending nightclubs and bars than older more mature youth. ' I It would serve them and the general community well to put this legislation into effect immediately. If there is anything else I can do to be of help please contact me at #(305)992-5437. Sinc5 y yours, lr , - r i ` '0•ana Susi, L l' `r President Ha..y Kids Childcare Centers President AYUDA, Inc. i 7118 Byron Avenue • Miami Beach, PL 33141 • Tel: (305) 864-2273 /Fax: (305) 864-1020 Email:ayuda@happykids,org •,Website:www happykids.ora ipact http:Nvmw.mtph.org/mprc/se.9t98/envdpp.html IMPatit Environmental approaches to prevention_ __________ ______________________________________________________________________________ Shifting our focus Since at least 1934, the Minnesota legislature and public schools have attempted to prevent problems caused by alcohol use by educating individual students about "the effects of alcohol on the human body, character, and society."1,2 In the past two decades, there has been a remarkable expansion of prevention efforts focused on helping individual young people acquire knowledge and skills believed to be necessary to avoid substance use. There are many examples of programs designed to increase students' awareness of negative consequences of substance use and to help them develop skills to resist opportunities to use. However, most of these efforts have demonstrated limited success in reducing substance use by youth. Program evaluations and prevention research projects have often produced disappointing results. Despite the popularity and social acceptance of many prevention programs aimed at strengthening individual youth to resist substance use, many prevention specialists, educators and policy makers are questioning their effectiveness. Throughout the country and in many Minnesota communities, there is an intentional shift occurring in the target of prevention efforts. This shift is away from prevention programs targeted toward individuals at risk for substance use toward an environmental approach to prevention. These environmental approaches address community policies and practices that promote or restrict substance use. This approach attempts to alter the community environment to make it less s1ipportive of substance use. The environmental approach is grounded in the public health model and the theory that substance use and subsequent problems will increase in environments that tolerate or encourage use. Conversely, use and related problems will decrease in environments that discourage use that leads to problems. This shift in focus reflects an emerging understanding of the power of social determinants of health and is not limited to substance use prevention approaches. The rationale for focusing on the environment is based on the belief that since most behavior is socially determined, individual behavior will only be changed by changing the social environment. Even with our knowledge of the impact of individual risk factors and assets on behavior, in the long run, it may be most helpful to address the reduction of risk factors and the development of assets at a societal level. Environmental Prevention Strategies Examples of environmental prevention strategies currently being implemented include 1. restrictions regarding sale of alcohol and tobacco products, including minimum age of purchase, hours for sales of alcohol, location of retail outlets for alcohol, elimination of tobacco vending machines, restrictions on multiple drink promotions (happy hours), requirements for registration of 3 11/23/99 3:52 PM pact http://www.miph.oi•g/mprc/sept98/envapp.htm( kegs; 2. consistent enforcement of existing laws and regulations, which includes compliance checks regarding age of purchase laws, efforts to hold adults who provide tobacco and alcohol to minors accountable-for their actions, consistent application of zero tolerance and DWI laws; 3. establishment and implementation of community policies, such as restrictions about alcohol availability at community celebrations, training of those who sell tobacco or alcohol, promotion of alcohol-free events, restrictions on promotion of community events by tobacco or alcohol producers or providers, tobacco-free school policies and practices; 4. community awareness and education (for example, distribution of accurate information about substance use risks, policies and practices, media advocacy to create attention to substance use issues, counteradvertising efforts, parent education efforts,workplace programs to establish and promote tobacco-free environments and low-risk choices about alcohol, civic group policies and practices to promote low-risk choices about alcohol); 5. pricing of tobacco and alcohol products, such as increasing excise taxes on these substances, requiring license fees of providers and limiting special promotional pricing of alcohol and tobacco; 6. mobilizing communities to support youth development (for example, provide in and after-school recreation and service opportunities for youth, offer mentoring relationships by adults for youth, involve youth in planning and implementing youth focused programming). What are the Challenges? A key challenge for those working to promote health and prevent health problems is to "tackle the environment that establishes levels of exposure to risk."3 This is not an easy challenge to accept or manage. There are strong competing influences supporting the status quo. • First, powerful economic interests of the tobacco and alcohol industries, advertising industry and hospitality industry run counter to environmental prevention strategies focused on regulating consumption, marketing and availability. • Second, social norms that accept or encourage high risk substance use are often grounded in traditions and values that are difficult to change. • Third, there is an ongoing tension in our societ between the concept of individual freedom and govern- ment regulation or control. • Lastly, inertia of existing prevention programs and disagreement among prevention specialists regarding the most effective prevention strategies make change in focus a difficult and slow process. Efforts to change substance use behavior require multiple efforts at multiple levels within communities. Community policies and norms about substance use have a powerful effect on how individual adults and youth make choices about alcohol and tobacco products. Efforts to influence both policies and norms are essential to the success of prevention. Enactment and enforcement of laws, regulations and policies are key elements of an environmental approach to prevention. Discussion of social norms about substance use and education of youth and adults are also important strategies. Government, schools, work-sites, religious institutions and social organizations each need to consider their opportunities and responsibilities to create a safe and healthy environment in their community. There are many opportunities for each of us to become involved in influencing our community norms and policies. Formally working to influence statewide legislation, working to youth access to alcohol and tobacco, and modeling the kind of behavior we want to see in our community are all ways that we can positively affect the environment of our state and communities. 13 11/23/99 3:53 PM pact http://www.miph.org/mprc/sept98/envapp.html Many communities are currently wrestling with how to blend environmental and individually focused approaches to prevention ifFways that will effectively reduce substance use problems. Environmental approaches to prevention cannot simply replace efforts to equip individuals with the knowledge and skills needed to maintain their own health. American society is grounded in a commitment to individual responsibility. Yet, our increasing understanding of the influence of the social environment on individual • health behavior is a strong incentive to continue to explore and expand the use of environmental approaches to prevention. The shifting focus of prevention strategies toward changing community policies, practices and norms about substance use holds great promise in our efforts to promote health • • and reduce problems. 1. MN Statutes, Chapter 43, S.F. No. 123 Section 1, 1934. 2. MN Department of Education Bulletin No. C-9, 1934. 3. Wilkinson, Richard G. Unhealthy Societies: From Inequality to Well-Being. London: Routledge, 1996. [ Environmental approaches to prevention I Tobacco in Minnesota, what comes next? j From the state small bytes I Meth by any other name... I Methamphetamine's cross-country trip I Meth in popular culture viewpoint I starlights I Minnesota Join Together- Alcohol industry organizes opposition to mini-grant in St. Paul I Minnesota Join Together- 1998 Election season offers opportunities to raise issues I Minnesota Join Together-Minnesota Join Together awards 1998 mini-grant funds I prevention resources impact! Minnesota Prevention Resource Center 2829 Verndale Avenue Anoka,MN 55303 612/427-5310 e-mail: comments@miph.org t 3 11/23/99 3:54 PM CITY OF MIAMI BEACH (11 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. 3(o5-c , TO: Mayor Neisen O. Kasdin and DATE: May 10,2000 Members of the City Commission FROM Lawrence A. Levy City Manager SECOND READING SUBJECT: Ordinance:Under 21 Years Old Patrons of Alcoholic Beverage Establishments 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 6-1 Entitled "Purpose", and Adding New Section 6-5 Entitled "Patron Age Restrictions",Prohibiting Persons under the Age of 21 from Patronizing Alcoholic Beverage Establishments,Excepting Restaurants and Businesses with Another Principal Purpose, as Specified, with Enforcement Against Violations Provided For; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance on second reading. ANALYSIS The consideration of the issue of limiting entrance to nightclubs to persons aged 21 years and over was referred to the Planning Board by the City Commission on February 9,2000. At its March 28, 2000 meeting, the Planning Board voted 6-0 to recommend approval of the proposed amending Ordinance. The Commission approved the subject amendment on first reading,6-1,on April 12, 2000. On first reading the Commission directed staff to research the enhanced penalty provisions used by the State. The State has adopted a three-step penalty scheme for enforcement against establishments found selling alcoholic beverages to minors: First Offense- $1,000 fine and 7-day suspension;Second Offense-$3,000 fine and 30-day suspension;Third Offense-revocation(The State's action would be suspension or revocation of the business's alcoholic beverage license). After consideration and meeting with the Club Owners' Steering Committee, the administration recommends a five-step penalty provision, with each step requiring three violations on different AGENDA ITEM 12-5-I DATE S 10 `c T:\AGENDA\2000\MAY 1000\REGULAR\1445CMM2.WPD Commission Memorandum May 10, 2000 Ordinance: Under 21 Years Old Patrons ofAlcoholic Beverage Establishments Page 2 ANALYSIS (Continued) days within a six-month period. Thus,the Ordinance proposes the following: First Offense-$500 fine; Second Offense - $1,000 fine; Third Offense - $3,000 fine; Fourth Offense - a weekend- suspension; Fifth and Subsequent Offenses - hearing officer may select from among a 7-day suspension, a 30-day suspension, or revocation (The City's action would be suspension or revocation of the business's occupational license). The Department of Code Compliance would be authorized to issue notices of violation resulting in fines, subject to appeal to a hearing officer and then Circuit Court. Allegations of violations justifying suspension and penalties imposed • would be heard by the hearing officer, subject to appeal to Circuit Court. The following changes were also made to the proposed amendment: (1)it exempts persons under the age of 21 who are employed by or at the establishment; (2)it defines"parent"to mean natural, adopted or step-parents,and"guardian"to mean those appointed by court; (3)creates a defense to alleged violations if the person under 21 years old gained access to the premises through fraudulent identification despite the business's best efforts to monitor the use of fraudulent identifications;(4) adds mitigation of the penalty if the business proposes a business security plan. Over the past six months, the City Commission has amended the Code with respect to the City's nightclub establishments, including nightclub/dance hall zoning definitions, hours of operation, after-hours establishments,and minimum distance separations. The nightclub issues have been the subject of numerous and extensive meetings and workshops of the City's Planning Board, the Washington Avenue Task Force, and various other community groups. The suggestion was put forth to limit access to alcoholic beverage establishments to persons aged 21 years old and over, as a way to address the problems associated with nightclub establishments admitting persons under the legal drinking age. The Ordinance is fully endorsed by the Miami Beach Police Department, and has the support of many clubs in the City. The Ordinance also finds support in similar prohibitions found in California, Illinois, Chicago, Oklahoma and Wisconsin. The Ordinance proposes establishing an age limit of 21 years old(the state minimum drinking age) for patrons of alcohol beverage establishments that are not also licensed and operating as restaurants, and those portions of hotels and other multi-use establishments licensed as alcohol beverage establishments. Local regulation of these establishments has historically been limited to those expressly permitted by state law,specifically distance separation,hours of operation and health and safety issues. The State Beverage Law also generally permits other local regulation not expressly identified by state law. For example, Section 562.45(2),Florida Statutes,permits ordinances in accordance with the general health,safety and welfare ofthe community that do not operate in a discriminatory manner: T:\AGENDA\2000\MAY 1000\REGULAR\1445CMM2.WPD Commission Memorandum May 10, 2000 Ordinance: Under 21 Years Old Patrons ofAlcoholic Beverage Establishments Page 3 ANALYSIS (Continued) "Except as otherwise provided in the Beverage Law,a local government when enacting ordinances designed to promote and protect the general health, safety and welfare of the public, shall treat a licensee in a nondiscriminatory manner and in a manner that is consistent with the manner of treatment of any other lawful business transacted in this state." Another section in the State Beverage Law contemplates local regulation of these establishments, consistent with the general powers afforded municipalities under the Florida Constitution: "Municipalities shall have governmental,corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law." Article VIII, section 2(b), Florida Constitution. The City has experienced numerous problems over the years with persons under the minimum drinking age of 21 years old patronizing alcohol beverage establishments and obtaining alcohol beverages contrary to state law. State and local enforcement efforts have only partially addressed this problem. The proposed Ordinance is another effort to reduce the ability of minors and other persons below drinking age to illegally obtain alcoholic beverages. This Ordinance is nondiscriminatory in that it treats alcohol beverage establishments the same as other businesses that are proven detrimental to the interests of minors, such as dance halls, and adult entertainment establishments. Insofar as the State has established the minimum drinking age at 21, the Ordinance is a logical extension of that restriction, and contributes to solving the problems associated with minors and others below drinking age patronizing businesses that engage primarily in the sale of such beverages. The Ordinance as drafted would have no effect on an alcohol beverage licensee's sale of alcohol beverages to patrons of legal drinking age, and thus does not interfere with the licensee's privilege under their state licenses to serve alcohol. The Ordinance prohibiting the presence of minors on premises licensed to sell alcohol,operating primarily for that purpose is rational and supported by the evidence of problems associated with such presence. The Ordinance has a direct relation to the public's interest in regulating alcohol sales and protecting minors. It accomplishes protecting this public interest in similar fashion to regulations prohibiting the sale of alcohol within specified distances of educational facilities. Based on the foregoing analysis,the Administration recommends that the Commission adopt the Ordinan e on second reading. 0, c L to LAL\ \ S ti\RGL\ H\gmh T:\AGENDA\2000\MAY 1000\REGULAR\1445CMM2.WPD • k / c / \ ƒ � 14 0 / U.45 2 © _ _§ k 2 0 o d © c o cis ° v) o . .y J o • 74 0k ,114 \ - / ° = t m t o © 7 2 S • G q \ .M & „ _ - c = 2 •••—• : " rf 8 .0 cu t, § § \ 7 . 73 a) <1.) \ Cr) U m / «