Ordinance 2000-3264 ORDINANCE NO. 2000-3264
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 114
ENTITLED "GENERAL PROVISIONS", SECTION 114-1 ENTITLED
"DEFINITIONS"; AMENDING DIVISION 6, ENTITLED
"ENTERTAINMENT ESTABLISHMENTS", OF ARTICLE V, ENTITLED
"SPECIALIZED USE REGULATIONS", OF CHAPTER 142, ENTITLED
"ZONING DISTRICTS AND REGULATIONS BY AMENDING SECTION
142-1361, ENTITLED "DEFINITIONS", SECTION 142-1362, ENTITLED
"REVIEW GUIDELINES", SECTION 142-1363, ENTITLED "APPEAL OF
A DETERMINATION REGARDING OUTDOOR ENTERTAINMENT
ESTABLISHMENT,OPEN AIR ENTERTAINMENT ESTABLISHMENT OR
A NEIGHBORHOOD IMPACT ESTABLISHMENT", AND SECTION 142-
1364,ENTITLED "HOURS OF OPERATION FOR AFTER-HOURS DANCE
HALLS", BY CREATING A DEFINITION OF AFTER-HOURS DANCE
HALL, BY INCLUDING SUCH AFTER-HOURS DANCE HALLS IN THE
ENTERTAINMENT ESTABLISHMENTS SECTION OF THE CODE,AND
BY SETTING HOURS OF OPERATION FOR SUCH AFTER-HOURS
DANCE HALLS; PROVIDING FOR INCLUSION IN THE CODE OF THE
CITY OF MIAMI BEACH,FLORIDA; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission recently deemed it advisable to address regulations
pertaining to the operational characteristics and hours of operation of dance halls within the City;
and,
WHEREAS, the recently enacted legi§lation addressed both dance halls with alcoholic
beverage licenses, and dance halls operating without alcoholic beverage licenses; and,
WHEREAS, at the time of the relevant public hearings, the City Commission heard
testimony from the Chief of Police detailing the problems the Police Department has documented
associated with dance hall establishments that are not also alcoholic beverage establishments, and
which were previously exempt from any regulations regarding hours of operation(thereby becoming
known as after-hours clubs), specifically related to the very high level of drug arrests, drug
transactions and overdoses which are associated with these clubs; and,
WHEREAS, at that time, the City Commission found that existing dance halls with the
above described problems are located in close proximity to residential neighborhoods and an
elementary school, and enacted the previous legislation to minimize the impacts, resulting from
patrons of dance halls leaving such establishments,on residents of the area and on children traveling
to school during morning hours of the weekday; and
WHEREAS,the City Commission, at that time, deemed it advisable and found it necessary
for the public health, safety and welfare to impose allowable hours and days of operation for these
dance hall establishments which are not also alcoholic beverage establishments, and require
conditional use approval for such existing and new dance halls, in order to address the above
referenced issues;
WHEREAS,the City Commission now deems it advisable to revise the permitted hours of
operation for dance halls operating without alcoholic beverage licenses in order clarify City policy
and to better reflect concerns regarding their current operational practices, and to reorganize those
regulations as they appear in the Code;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 114-1, entitled "Definitions" of Chapter 114, entitled "General
Provisions," of the Code of the City of Miami Beach, Florida is hereby amended to read as follows:
Sec. 114-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Dance hall means a commercial establishment where dancing by patrons is allowed, including, but
not limited to, restaurants, alcoholic beverage establishments and entertainment establishments.
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restaurants with full kitchens and serving full meals shall rcquire conditional use approval, exccpt
that any establishmcnt subjcct to this provision which legally exists as of the adoption date of this
ordinance (December 15, 1999) shall obtain conditional use approval by Dcccmber 15, 2001. Note:
For purposes of this section, full kitchen facilities shall mean having commercial grade burners,
of the establishment. Full kitchen facilities must contain grease trap interceptors, and meet all
applicable city, county and state codes.
* * *
2
SECTION 2. That Section 142-1361,entitled"Definitions" of Division 6,Entitled"Entertainment
Establishments", of 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:
Sec. 142-1361. Definitions.
For the purpose of this division, the following terms, phrases and words shall have the meaning
given in this section:
After-hours dance hall means a commercial establishment where dancing by patrons is allowed,
including, but not limited to, restaurants and entertainment establishments, which by its nature as
an establishment not licensed or operating as an alcoholic beverage establishment, is not subject to
the regulations on hours of sale for alcoholic beverage establishments contained in Section 6-3 of
this Code.
Entertainment means any live show or live performance or music amplified or nonamplified.
Exceptions: Indoor movie theater; big screen television and/or background music, amplified or
nonamplified,played at a volume that does not interfere with normal conversation.
Neighborhood impact establishment means:
1) an alcoholic beverage establishment or restaurant, not also operating as an entertainment
establishment or dance hall(as defined in Section 114-1 of this Code), with an occupant content of
300 or more persons as determined by the chief fire marshal; or,
2) an alcoholic beverage establishment or restaurant, which is also operating as an entertainment
establishment or dance hall (as defined in Section 114-1 of this Code), with an occupant content of
200 or more persons as determined by the chief fire marshal.
Open air entertainment establishment means a commercial establishment which provides
entertainment, as defined in this section, indoors or in an enclosed courtyard or area which by its
design is open to the outside,thereby enabling,the entertainment to be audible outdoors.
Outdoor entertainment establishment means a commercial establishment which provides outdoor
entertainment as defined in this section.
SECTION 3. That Section 142-1362, entitled "Review Guidelines" of Division 6, Entitled
"Entertainment Establishments", of 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:
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Sec. 142-1362. Review guidelines.
(a) In reviewing an application for an outdoor entertainment establishment, open air
entertainment establishments ora neighborhood impact establishment, or after-hours dance hall,the
planning board shall apply the following supplemental review guidelines criteria in addition to the
standard review guidelines for conditional uses pursuant to chapter 118, article IV:
(1) An operational/business plan which addresses hours of operation, number of employees,
menu items, goals of business, and other operational characteristics pertinent to the application.
(2) A parking plan which fully describes where and how the parking is to be provided and
utilized, e.g., valet, selfpark, shared parking, after-hour metered spaces and the manner in which it
is to be managed.
(3) An indoor/outdoor crowd control plan which addresses how large groups of people waiting
to gain entry into the establishment, or already on the premises will be controlled.
(4) A security plan for the establishment and any parking facility, including enforcement of
patron age restrictions.
(5) A traffic circulation analysis and plan which details the impact of projected traffic on the
immediate neighborhood and how this impact is to be mitigated.
(6) A sanitation plan which addresses on-site facilities as well as off-premises issues resulting
from the operation of the establishment.
(7) A noise attenuation plan which addresses how noise will be controlled to meet the
requirements of the noise ordinance.
(8) Proximity of proposed establishment to residential uses.
(9) Cumulative effect of proposed establishment and adjacent pre-existing uses.
(b) After-hours dance halls not also operating as restaurants with full kitchens and serving full
meals shall require conditional use approval,except that any establishment subject to this provision
which legally exists as of the adoption date of this ordinance shall obtain conditional use approval
within six months of the date of adoption of this ordinance.
Note: For purposes of this section, "full kitchens" shall mean having commercial grade burners,
ovens and refrigeration units of sufficient size and quantity to accommodate the occupancy content
of the establishment.Full kitchens must contain grease trap interceptors,and meet all applicable city,
county and state codes.
SECTION 4. That Section 142-1363, entitled "Appeal of a determination regarding outdoor
entertainment establishment, open air entertainment establishment or a neighborhood impact
establishment." of Division 6, Entitled "Entertainment Establishments", of 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:
4
Sec. 142-1363. Appeal of a determination regarding outdoor entertainment
establishment,open air entertainment establishment,ora-neighborhood impact establishment,
or an after-hours dance hall.
When it is alleged that there is an error made by an administrative official in the enforcement of
these land development regulations with regard to the determination of the use of a property as an •
•
outdoor entertainment establishment, open air entertainment or- a neighborhood impact
establishment, or after-hours dance hall, such appeal shall be to the zoning board of adjustment
pursuant to chapter 118, article VIII.
SECTION 5. That Section 142-1364, entitled "Hours of Operation for After-hours Dance Halls"
of Division 6, Entitled "Entertainment Establishments", of 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 created as follows:
Sec. 142-1364. Patron Age Restriction and Hours of Operation for After-Hours Dance
Halls
After-hours dance halls may not admit patrons under the age of 21, and may only operate between
the hours of 10:00 p.m. Friday to 8 a.m. Saturday, from 10:00 p.m. Saturday to 8 a.m. Sunday, and
from 10:00 p.m. on any day preceding a national holiday to 8 a.m. on the national holiday.
SECTION 6. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
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SECTION 7. 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 8. SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect on the 23rd day of September , 2000.
PASSED and ADOPTED this 13th day of September , 2000.
ATTEST: MAYOR
Plittthz P&
CITY CLERK
F:IPLAMSPLBWNEW IC1466\CCI STHRS.ORD
APPROVED AS TO
1st reading 7/12/00 FORM & LANGUAGE
2nd reading 9/13/00 & FOR EXECUTION
ege4-2---
City Attorney Date
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National Holidays
2000
January 1st: New Year's Day
January 17: Martin Luther King Day
February 21: President's Day
May 29: Memorial Day
July 4: Independence Day
September 4: Labor Day
October 9: Columbus Day
November 11: Veterans Day
November 23: Thanksgiving Day
December 25: Christmas Day
2001
January 1st: New Year's Day
January 15: Martin Luther King Day
February 19: President's Day
May 28: Memorial Day
July 4: Independence Day
September 3: Labor Day
October 8: Columbus Day
November 12: Veterans Day
November 22: Thanksgiving Day
December 25: Christmas Day
7
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 6 K2-0 O •
TO: Mayor Neisen O.Kasdin and DATE: September 13,2000
Members of the City Commission
FROM Jorge M.Gonzalez
City Manager PUBLIC HEARING-SECOND READING
SUBJECT: Ordinance -After-Hours Dance Halls -Hours of Operation
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 114 Entitled "General Provisions", Section 114-1 Entitled
"Definitions"; Amending Division 6, Entitled "Entertainment
Establishments", of Article V, Entitled "Specialized Use Regulations", of
Chapter 142,Entitled"Zoning Districts and Regulations by Amending Section
142-1361, Entitled "Definitions", Section 142-1362, Entitled "Review
Guidelines", Section 142-1363, Entitled "Appeal of a Determination
Regarding Outdoor Entertainment Establishment, Open Air Entertainment
Establishment or a Neighborhood Impact Establishment.", and Section 142-
1364,Entitled "Hours of Operation for After-hours Dance Halls",by Creating
a Definition of After-hours Dance Hall,by Including Such After-hours Dance
Halls in the Entertainment Establishments Section of the Code, and by Setting
Hours of Operation for Such After-hours Dance Halls; 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 proposed amending
Ordinance, as revised by the Commission at first reading, which incorporates "Alternative 3 -
Administration Recommendation" from the chart of alternatives contained in "Attachment A".
ANALYSIS
The proposed extension of the permitted hours of operation for after-hours Dance Halls (juice
bars)was referred to the Planning Board by the City Commission on May 24, 2000, at the request
of Commissioner Simon Cruz.
Over the past several months,the City Commission has amended the Code with respect to several
issues related to the City's nightclub establishments, including nightclub/dance hall zoning
AGENDA ITEM 1`.JE
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DATE
Commission Memorandum
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Ordinance-After-Hours Dance Halls -Hours of Operation
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definitions, hours of operation, minimum distance separations, and admittance to nightclubs of
• persons aged 21 and under. 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. During this process, the issue of after-hours nightclub
establishments,more commonly known as"juice bars",has also been addressed by the Commission.
The Planning Board and Commission have discussed at great length in the last 12 months the
proliferation of, and problems associated with "juice bars" within the City. These establishments
operate much like nightclubs with music and dancing,but do not serve alcohol and are therefore not
subject to the City's regulations vis-a-vis alcoholic beverage establishment hours of operation or
licensing. These establishments may be havens for young people under the legal curfew age, and
have been documented as having excessive problems with use and sale of illegal drugs. Currently
no regulations exist to regulate their activities,thus the proposed regulations have been prepared for
consideration by the Mayor and City Commission.
Since these businesses operate as dancing establishments,they shall henceforth be viewed as"Dance
Halls" under the proposed definitions as enacted. As long as the "juice bars"are considered Dance
Halls, and licensed as such, regulations applying to regular alcoholic beverage establishments
licensed as Dance Halls would also apply to them. The Commission in December 1999 adopted
regulations which set standards for the minimum age of patrons (21 and over), which require these
Dance Halls to obtain Conditional Use approval,and which set the hours of operation for such Dance
Halls. These regulations were understood to be necessary to address the negative impacts on the City
and the surrounding neighborhoods associated with such after-hours Dance Hall establishments,
which impacts had been clearly established through the testimony of many expert witnesses,
residents, and members of the Miami Beach community.
Subsequent to the adoption of the ordinance in December 1999, one of the subject establishments
filed suit against the City. The City has actively defended the adopted ordinance in that suit. That
establishment and another have sought revisions to the hours of operation on the affected
establishments, to ameliorate the hardship they have allegedly endured as a result of the reduced
hours of operation allowed. To that end, on May 24, 2000 the Commission referred a proposed
change to the ordinance, as requested by Commissioner Cruz,which would slightly adjust the hours
of operation for these after-hours Dance Hall establishments. The requested revision was referred
to the Planning Board in order to determine whether it may have a relatively small impact on the
issues that were of concern to the City when the Commission adopted the original legislation.
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Ordinance -After-Hours Dance Halls -Hours of Operation
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Extending the permitted hours of operation •
The original proposal as referred to the Planning Board would extend the hours of operation for
after-hours Dance Halls (juice bars). The current regulations, as adopted by the Commission last
December,permit these establishments to be open only between the hours of 4:00 a.m. and 9:00 a.m.
on Saturdays, Sundays and national holidays. The proposed extension of hours, as contained in the
original referral to the Planning Board, would have extended the hours of operation to permit after-
hours Dance Halls to be open between the hours of 10:00 p.m. Friday to 12 noon Saturday, from
10:00 p.m. Saturday to 12 noon Sunday, and from 10:00 p.m. on any day preceding a national
holiday to noon on the national holiday. An exception would ensure that if any pre-school to high
school that is located within 300 feet of any such establishment is in session on the national holiday,
then the hours of operation on national holidays shall be from 10:00 p.m. on any day preceding a
national holiday to 9:00 a.m. on the national holiday. These hours are specified in"Alternative 1 -
Original City Commission Referral to Planning Board" in Attachment"A".
Planning Board Recommendation
The original Planning Board recommendation on the subject from last year addressed the problems
created by the after-hours clubs by suggesting language to the proposed ordinance stating that Dance
Halls shall not operate between the hours of 5 a.m. and 10 a.m. That provision would have required
that all clubs close at the same time, namely 5:00 a.m. Members of the Planning Board had
subsequently expressed great concern when the Administration recommended, and the Commission
ultimately adopted, hours of operation later than 5:00 a.m.
At its latest meeting,on June 27,2000,the Planning Board heard testimony on this subject from the
attorney of one of the after-hours clubs, from Assistant Chief of Police Don De Lucca, and from
Robert Dixon of the City Attorney's Office. The Board focused especially upon the material
submitted by Mr.Dixon,which was a comprehensive study of many of the problems associated with
these types of after-hours establishments. Based on the record presented by Mr. Dixon, and on their
previous recommendation to the Commission from last year, the Planning Board voted
unanimously to recommend to the Commission that these establishments should be required
to close at 5:00 a.m., the same closing hour required for alcoholic beverage clubs.
The members of the Planning Board were less concerned about the opening hour for these
establishments; their recommendation was for a 10:00 p.m. opening hour, which is the same hour
as contained in the referral from the Commission. The Board was also not concerned about limiting
the operation of these clubs to weekends only;they recommended that if the clubs must close at 5:00
a.m., then their operations should be permitted seven days a week. The Planning Board's
recommendation to the Commission is contained in the attached ordinance, and is listed as
"Alternative 2 - Planning Board Recommendation" in Attachment "A".
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Administration Recommendation
During testimony at the June 27, 2000 Planning Board meeting, Assistant Chief De Lucca detailed
for the Planning Board how the Police Department's personnel shift change takes place from 8:00
a.m. to 9:00 a.m. in the morning, and how the extension of hours of operation for after-hours Dance
Halls past this hour will be a negative burden on the Department personnel staffing ability. The shift
change means that up until the hour of 8:00 a.m., when officers begin returning to the station house,
those officers on the midnight shift are available to monitor the establishments. However, as the
morning shift has other responsibilities and has fewer officers assigned to it, the ability of the Police
to continue monitoring these establishments after about 8:00 a.m., when officers are beginning to
return to the station for the shift change, is made more difficult. The extension of the opening hours
to 10:00 p.m. would not, however, present a problem, according to Assistant Chief De Lucca.
In the past, the Administration has always believed that the after-hours clubs should be addressed
in some way. However, as at the time of adoption of the original ordinance, the Administration
believes that the Planning Board recommendation, which effectively prohibits these clubs from
operating after hours, is too draconian of a solution to the problem. Rather, the Administration is
recommending that the hours of operation for after-hours Dance Halls be limited from
between 10:00 p.m. and 8:00 a.m. weekends and holidays only. These hours are specified in
"Alternative 3 - Administration Recommendation" in Attachment "A".
The most important factor in recommending these hours is that the Police Depaitnient's shift change
also occurs between the hours of 8:00 a.m. and 9:00 a.m. The testimony of Assistant Chief De Lucca
made it clear that operationally, the Police Department is more effective when these clubs close at
8:00 a.m., and would be made more difficult if the opening hours are extended past the hour of 9:00
a.m. This consideration is a critical deciding factor in the Administration's decision. Also,
operations should continue to be limited to weekends and holidays in order to eliminate the
possibility that young children traveling to school and residents traveling to work on weekdays
would encounter unruly club patrons.
In light of the demonstrated success of the other ordinances adopted by the Commission in the past
year, for example, the limitation on patrons under the age 21, the nightclub distance separations
requirements, and lower neighborhood impact establishment thresholds for nightclubs, the
Administration's recommended hours of 10:00 p.m. to 8:00 a.m. should be viewed as a reasonable
modification. It will allow these establishments to continue to operate,but in a much more limited
fashion than before the many ordinances were adopted by the Commission. The adoption of these
hours may also help to further strengthen the City's ability to withstand any legal challenges to the
ordinances.
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Requiring Conditional Use approval within 6 months
A second component of the proposed ordinance is the revision of the provision that requires the
existing after-hours Dance Halls to receive Conditional Use approval from the Planning Board
within a specified timeframe. Currently the ordinance requires that the four existing after hours
clubs apply for and receive Conditional Use approval within two (2) years of the date of adoption
of the original ordinance. As the original ordinance was adopted on December 15, 1999, the
establishments were given until December 15, 2001 to apply for and receive approval from the
Planning Board.
As part of the referral to the Planning Board, the request from the Commission was that the cutoff
date for receiving approval be moved up from two years to six (6) months. This provision, if
enacted,would require the existing establishments to apply for and receive Planning Board approval
within 6 months of the date of final adoption of this revised ordinance. If the ordinance is adopted
by the Commission in September, it would then require Conditional Use approval by next March.
Reformatting of the ordinance
For the sake of clarity and efficiency, the subject ordinance would also create a specific definition
for after-hours Dance Hall, and move the regulations addressing these after-hours Dance Halls from
the definitions section (Section 114) of the Land Development Regulations to Article V, Division
6 of Section 142 entitled"Entertainment Establishments." This makes more sense in terms of the
overall structure of the Code, and was suggested by the City Attorney's Office.
Consistency with Alcoholic Beverage Establishment regulations
Currently, the hours of operation regulations for Alcoholic Beverage Establishments permit the
existing clubs serving alcohol to remain open from 8:00 a.m. to 5:00 a.m. The 5:00 a.m. closing
time has been examined by the Planning Board and Commission in recent years and has been
retained as part of the recent legislation. However, an issue has been raised in regard to the 8:00 a.m.
opening time for alcoholic beverage clubs. As long as the"juice bars"were operational throughout
the early morning hours, the City's alcoholic beverage establishments had no real incentive to re-
open at 8:00 a.m., and typically remained closed from 5:00 a.m. until the next evening.
With the new regulations on after-hours club hours of operation, a new phenomenon has been
observed, with some of the City's alcoholic beverage clubs re-opening at 8:00 a.m. in order to
capitalize on the mandated early closing of the after-hours clubs at 8:00 a.m. It may be appropriate
to address the permitted opening hours of Dance Halls licensed to serve alcohol,with an aim towards
harmonizing the hours of operation for both alcoholic and non-alcoholic Dance Halls. To that end,
staff has now been directed to examine the hours of operation of Alcoholic Beverage Establishments
in order to achieve further consistency between the various types of Dance Hall establishments. A
recommendation on this will be forthcoming later this year, once the hours of operation for after
hours clubs have been finalized.
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In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the •
Planning Board and City Commission are to consider 13 relevant review criteria, when applicable,
for such changes. Since the amending ordinance would only change the text of the Zoning
Ordinance and would not constitute a use change or a change in zoning district boundaries or
classification, many of the review criteria have been determined by the Administration not to be
applicable to this amendment request.
The following is an analysis of each review criteria:
1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and
any applicable neighborhood or Redevelopment Plans;
Consistent - The amendment is not inconsistent with the Comprehensive Plan; no
neighborhood plans or redevelopment plans are applicable.
2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby
districts;
Not Applicable The proposal to extend the hours of operation for after-hours Dance
Halls does not create any new zoning districts.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the City;
Not Applicable The proposed amendment does not affect the size or scale of
development.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure;
Not Consistent - An increase in hours of operation for these after-hours Dance Halls
certainly has the potential to increase the future demands on traffic
circulation and parking facilities. However, of most concern is the
increased demand for Police Department personnel that will be
generated by the extension of the hours. Representatives of the Police
Department have testified at the public hearings regarding this matter,
that an extension of the hours of operation will place a burden on
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Police Department staffing levels. The extension of the hours of •
operation will effectively straddle two police shifts, requiring a
change of personnel assigned to each location, and pulling Police
resources away from other areas of the City.
5. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change;
Not Applicable The proposed amendment does not involve district boundaries.
6. Whether changed or changing conditions make the passage of the proposed change
necessary;
Partially Consistent - As detailed above, the City has recently enacted several pieces of
legislation designed to address problems associated with the
nightclub industry in general and with after-hours Dance Halls in
particular. Viewed in this context, the new regulations limiting
admittance to those persons aged 21 and over, the requirement for
Conditional Use approval within a specified time frame, and the
distance separation now required between new clubs, should go a
long way towards improving the situation in and around the City's
Dance Hall establishments. Therefore, at this time, a modest change
to the permitted opening hour may be a more reasonable proposition
than it would have been prior to the enactment of the above
referenced legislation.
7. Whether the proposed change will adversely influence living conditions in the neighborhood;
Partially Inconsistent - The proposed amendment could negatively affect living
conditions or the quality of life for surrounding properties, if
the subject establishments are not continued to be monitored
carefully. Enforcement of existing laws is seen as the key to
insuring a minimum of negative impacts.
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8. Whether the proposed change will create or excessively increase traffic congestion beyond •
the Level Of Service as set forth in the Comprehensive Plan or otherwise affect public safety;
Partially Inconsistent - The Level of Service for traffic circulation could possibly be
affected by the proposed changes, especially for the
Washington Avenue corridor. Nevertheless, these
establishment's hours of operation do not coincide with the
hours associated with peak-hour level of service concerns.
Of particular concern,however,is the increased responsibility
for Police Department staffing which the extension of
opening hours past 8:00 a.m. could result in, as detailed in
criteria#4 above. This could have a negative effect on public
safety.
9. Whether the proposed change will seriously reduce light and air to adjacent properties;
Not Applicable The proposed amendment does not involve new development.
10. Whether the proposed change will adversely affect property values in the adjacent area;
Partially Inconsistent - Property values in areas adjacent to after-hours Dance Halls
could possibly be negatively affected by the proposed
amendment, if those establishments are not continually
monitored carefully. Enforcement of existing laws by both
the Police Department and the City's Code Compliance
Department is an important requirement in order to protect the
interests of neighboring property owners.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
Partially Inconsistent - Development of properties adjacent to after-hours Dance
Halls could possibly be negatively affected by the proposed
amendment, if those establishments are not monitored as
detailed above. Enforcement of existing laws is required.
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12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
Not Applicable
13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in a
district already permitting such Use;
Not Applicable
Based on the foregoing analysis,the Administration recommends that the Commission the proposed
amending ordinance to Sections 114 and 142 of the Code of the City of Miami Beach, Florida, as
revised by the Commission on first reading, which incorporates "Alternative 3 - Administration
Recommendation" from the chart of alternatives contained in "Attachment A". This amendment
would set the hours of operation for after-hours Dance Halls to between the hours of 10:00 p.m. and
8:00 a.m. weekends and national holidays.
JMG\JG\RGL\rgl U
laT:\AGENDA\2000\SEP 1300\REGULAR\1466CMM2.WPD
Attachment "A"
"Juice Bar" Hours of Operation - Alternatives
The attached ordinance may be modified by the following alternatives to address hours of operation
for after-hours Dance Halls, or"juice bars":
SECTION 5.
Sec. 142-1364. Patron Age Restriction and Hours of Operation for After-Hours Dance
Halls
Alternative 1 - Original City Commission Referral to Planning Board
After-hours Dance Halls may not admit patrons under the age of 21, and may only operate between
the hours of 10:00 p.m. Friday to 12 noon Saturday, from 10:00 p.m. Saturday to 12 noon Sunday,
and from 10:00 p.m. on any day preceding a national holiday to noon on the national holiday,except
that if any school located within 300 feet of any such establishment is in session on the national
holiday, then the hours of operation on national holidays shall be from 10:00 p.m. on any day
preceding a national holiday to 9:00 a.m. on the national holiday.
Alternative 2-Planning Board Recommendation
After-hours Dance Halls may not admit patrons under the age of 21, and may only operate between
the hours of 10:00 p.m. to 5:00 a.m. seven days a week.
Alternative 3-Administration Recommendation
After-hours Dance Halls may not admit patrons under the age of 21, and may only operate between
the hours of 10:00 p.m. Friday to 8:00 a.m. Saturday, from 10:00 p.m. Saturday to 8:00 a.m. Sunday,
and from 10:00 p.m. on any day preceding a national holiday to 8:00 a.m. on the national holiday.
Alternative Opening Hour Closing Hour Days of Week
-- Existing ordinance 4:00 a.m. 9:00 a.m. Weekends and
Holidays only
1 - Original City 10:00 p.m. 12:00 noon Weekends and
Commission Referral Holidays only
2 - Planning Board 10:00 p.m. 5:00 a.m. Seven days a week
Recommendation
(contained in
attached ordinance)
3 - Administration 10:00 p.m. 8:00 a.m. Weekends and
Recommendation Holidays only
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