Ordinance 2019-4251 ORDINANCE NO. 2019-4251
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ALCOHOLIC BEVERAGES," BY AMENDING SECTION 6-3
THEREOF, ENTITLED "HOURS OF SALENIOLATIONS," BY
AMENDING SUBSECTION 6-3(a)(6) TO PROVIDE ADDITIONAL
CONDITIONS FOR THE EXTENSION OF ALCOHOLIC BEVERAGE
SALES UNTIL 7:00 A.M. FOR CERTAIN ALCOHOLIC BEVERAGE
ESTABLISHMENTS ON JANUARY 1 (NEW YEAR'S DAY), OR ON
THE MONDAY OBSERVED AS A NATIONAL HOLIDAY FOR NEW
YEAR'S DAY, AND DURING CERTAIN DESIGNATED MAJOR
EVENT DAYS OR WEEKENDS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the conditions under which alcoholic beverage sales may be
extended until 7:00 a.m. for certain alcoholic beverage establishments on January 1
(New Year's Day), or on the Monday observed as a national holiday for New Year's
Day, and.duringcertain designated major event days or weekends, should be amended
and strengthened in the interest of the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 6 of the Code of the City Miami Beach, entitled "Alcoholic
Beverages," Section 6-3, entitled "Hours of Sale/Violation," subsection (a)(6) thereof, is
hereby amended as follows with additional provisions provided for reference purposes:
CHAPTER 6
ALCOHOLIC BEVERAGES
ARTICLE I. IN GENERAL
* * *
Sec. 6-3. Hours of sale/violations.
(a) The hours of sale of alcoholic beverages, whether as a permitted main or accessory
use, shall require a state license, and shall be according to the following schedule:
(1) Retail stores for package sales only—Off-premises consumption. Vendors may
make sales of alcohol only for off-premises consumption between the hours of
8:00 a.m. and midnight.
A. Notwithstanding subsection (a)(1), vendors located in the MXE mixed use
entertainment district, that portion of the CD-2 commercial medium intensity
district adjoining the MXE district along Washington Avenue between 5th
Street and 16th Street, and that portion of the CD-2 district adjoining the
MXE district along the east side of Collins Avenue (between 73rd and 75th
Streets) may make sales of alcohol only for off-premises consumption
between the hours of 10:00 a.m. and 8:00 p.m.
(2) Retail stores, including grocery, convenience stores, and gasoline service/filling
stations. Retail stores, including grocery, convenience stores, and gasoline
service/filling stations, which primarily offer for sale products other than
alcoholic beverages may only make sales of beer and wine only for off-
premises consumption between the hours of 8:00 a.m. and midnight.
A. Notwithstanding subsection (a)(2), retail stores, including grocery,
convenience stores, and gasoline service/filling stations, that are located in
the MXE mixed use entertainment district, that portion of the CD-2
commercial medium intensity district adjoining the MXE district along
Washington Avenue, between 5th Street and 16th Street, and that portion
of the CD-2 district adjoining the MXE district along the east side of Collins
Avenue (between 73rd and 75th Streets), and which primarily offer for sale
products other than alcoholic beverages may only make sales of beer and
wine only between the hours of 10:00 a.m. and 8:00 p.m.
(3) Alcoholic beverage establishments. All alcoholic beverage establishments with
state licensure—On-premises consumption only, may make sales of alcohol
between the hours of 8:00 a.m. and 5:00 a.m.
A. Restaurants not operating as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as
alcoholic beverage establishments, but not operating as dance halls or
entertainment establishments, may remain open 24 hours a day; however,
alcoholic beverages may not be offered for sale or on-premises
consumption between the hours of 5:00 a.m. and 8:00 a.m.
B. Restaurants also operating as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as
alcoholic beverage establishments, and also operating as dance halls, or
entertainment establishments, may remain open 24 hours a day; however,
alcoholic beverages may not be offered for sale or on-premises
consumption between the hours of 5:00 a.m. and 8:00 a.m., and dancing
and entertainment shall not be conducted between the hours of 5:00 a.m.
and 8:00 a.m.
C. Other alcoholic beverage establishments. Other alcoholic beverage
establishments, not containing restaurants with full kitchen facilities, shall
close at 5:00 a.m. and remain closed. No patron or other persons, other
than those employed by the vendor may remain on the premises between
the hours of 5:00 a.m. and 8:00 a.m.
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D. Sidewalk cafes. Notwithstanding the provisions of subsections (3)A. through
C., alcoholic beverages shall not be offered for sale or consumption at
sidewalk cafes, as defined in section 82-366 of this Code and as otherwise
permitted by the city in accordance with chapter 82, article IV, division 5,
subdivision II of this Code (as may be amended from time to time), between
the hours of 1:30 a.m. and 8:00 a.m., and shall not be consumed at
sidewalk cafes between the hours of 2:00 a.m. and 8:00 a.m. No variances
may be granted from the provisions of this section 6-3(3)(d) as to the hours
of sale or consumption of alcoholic beverages at sidewalk cafes.
Note: For purposes of this section, full kitchen facilities shall mean having
commercial grade burners, ovens, and refrigeration units of sufficient size and
quantity to accommodate the occupancy content of the establishment. Full
kitchen facilities must contain grease trap interceptors, and meet all applicable
city, county, and state codes.
(4) Off-premises package sales by alcoholic beverage establishments. Off-
premises package sales associated with alcoholic beverage establishments
other than retail stores shall be permitted between the hours of 8:00 a.m. and
midnight.
A. Notwithstanding subsection (a)(4), off-premises package sales associated
with alcoholic beverage establishments, other than retail stores, that are
located in the MXE mixed use entertainment district, that portion of the CD-
2 commercial, medium intensity district adjoining the MXE district along
Washington Avenue, between 5th Street and 16th Street, and that portion
of the CD-2 district adjoining the MXE district along the east side of Collins
Avenue (between 73rd and 75th Streets) shall be permitted only between
the hours of 10:00 a.m. and 8:00 p.m.
(5) Private clubs. Consideration of a request for a private club conditional use
permit, including the hours of operation, shall be pursuant to the conditional use
procedures and review guidelines as listed in section 118-191, et seq. A private
club, either as a permitted main or accessory use, shall only offer alcoholic
beverages for sale or on-premises consumption if the private club, in
accordance with section 6-2(a), secures a license for the distribution or sale of
any alcoholic beverages from the division of alcoholic beverages and tobacco of
the department of business and professional regulation of the state. Private
clubs licensed as alcoholic beverage establishments, either as permitted main
or accessory uses, shall, only offer alcoholic beverages for sale or on-premises
consumption between the hours of 8:00 a.m. and 5:00 a.m., on any day of the
week, provided that service is made only to members and guests of members
pursuant to Florida Statutes. However, any private club permitted to remain
open after 2:00 a.m. shall purchase an extra-hours license and must provide for
security in its premises by hiring private security guards or off-duty police
officers between the hours of 2:00 a.m. and 5:00 a.m. each day.
Private clubs securing a license from the state division of alcoholic beverages
and tobacco by complying with the requirements of F.S. § 561.20 for
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racquetball, tennis, or golf course facilities may admit members at any time for
use of such facilities, but may not serve alcoholic beverages after 2:00 a.m.
each day unless such private club is the holder of an extra-hours license and
complies with the above requirements.
(6) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until
5:00 a.m. may continue to serve alcoholic beverages for on-premises
consumption and, if the alcoholic beverage establishment is located on Ocean
Drive between 5th Street and 15th Street, for consumption at the
establishment's sidewalk cafe (i) until 7:00 a.m. on January 1 (New Year's Day)
or, if January 1 is on a Sunday, until 7:00 a.m. on Monday if the day that is
observed as a national holiday for New Year's Day is on Monday, and (ii) until
7:00 a.m. during certain major event days or weekends as may be designated
by the city commission or as may be designated by the city manager following
approval by the city commission, under the following conditions:
A. The police department and the code compliance department of the city must
be notified by a letter, received no later than 15 business days prior to
either: (a) January 1, or (b) the day on which alcohol sales are to be
extended, stating that the alcoholic beverage establishment intends to
serve alcoholic beverages for on-premises consumption and, if the alcoholic
beverage establishment is located on Ocean Drive between 5th Street and
15th Street, for consumption at the establishment's sidewalk cafe until 7:00
a.m.;
B. If deemed reasonably necessary by the police chief, or the police chiefs
designee, off-duty police officers must be provided at the alcoholic
beverage establishment until 7:00 a.m.;
C. There are no pending City Code violations against the alcoholic beverage
establishment and the alcoholic beverage establishment has not had more
than one adiudicated City Code violation per year within the prior twenty-
four (24) months; notwithstanding the foregoing. the conditions in this
subsection 6(C) may be waived by a 417th vote of the city commission;
D. No delinquent or past due monies are owed to the city;
E. Outdoor entertainment or open-air entertainment is not allowed;
F. No violation of the city's noise ordinance shall be permitted;
G. No violation of the approved fire code occupancy load shall be permitted;
H. All required city permits and licenses are current;
I. The state license is current; and
J. The alcoholic beverage establishment has been in continuous operation for
the prior twenty-four (24) months in the City, is licensed as an alcoholic
beverage establishment set forth in subsections (3) and (5), and is
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permitted to serve alcoholic beverages for on-premises consumption until
5:00 a.m.
J, K. Any other conditions required by the city manager in order to protect the
public health, safety, or welfare.
(7) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until
5:00 a.m. may continue to serve alcoholic beverages until 6:00 a.m. on the first
day of daylight savings time in the spring.
(8) The city manager may suspend the provisions of subsection (6) at any time to
protect the public health, safety, or welfare.
(9) Penalties and enforcement.
A. The following penalties shall be imposed for a violation of this section:
i. The penalty for the first violation by a person or entity within a 12-month
period shall be a civil fine of$1,000.00;
ii. The penalty for the second violation by a person or entity within a 12-
month period shall be a civil fine of$5,000.00;
iii. The penalty for the third violation by a person or entity within a 12-
month period shall be a civil fine of$10,000.00;
iv. Upon a finding by the special master that four or more violations by a
person or entity have occurred within a 12-month period, the city may
initiate proceedings to revoke the certificate of use, business tax
receipt, or certificate of occupancy of the violator.
v. A sidewalk cafe permittee that has been issued four or more violations
pursuant to this section or section 82-388 within a permit year shall be
prohibited from applying for and obtaining a sidewalk cafe permit for a
period of two permit years following the permit year in which the
sidewalk cafe permittee incurred the violations.
B. Enhanced penalty. The following enhanced penalty shall be imposed, in
addition to any mandatory fines set forth in subsection (9)A., above, for
violations of this section:
i. The sale of alcoholic beverages in violation of this section must be
immediately terminated, upon confirmation by the code compliance
department that a violation has occurred.
C. Enforcement. The code compliance department shall enforce this section.
This shall not preclude other law enforcement agencies or regulatory bodies
from any action to assure compliance with this section and all applicable
laws. If a code compliance officer (which, as defined in section 70-66,
includes a police officer) finds a violation of this section, the code
compliance officer shall issue a notice of violation in the manner prescribed
in chapter 30 of this Code. The notice shall inform the violator of the nature
of the violation, amount of fine for which the violator is liable, instructions
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and due date for paying the fine, that the violation may be appealed by
requesting an administrative hearing before a special master within ten
days after service of the notice of violation, and that the failure to appeal the
violation within ten days of service shall constitute an admission of the
violation and a waiver of the right to a hearing.
D. Rights of violators; payment of fine; right to appear; failure to pay civil fine
or to appeal; appeals from decisions of the special master.
i. A violator who has been served with a notice of violation must elect to
either:
a. Pay the civil fine in the manner indicated on the notice of violation;
or
b. Request an administrative hearing before a special master to
appeal the notice of violation, which must be requested within ten
days of the service of the notice of violation.
ii. The procedures for appeal by administrative hearing of the notice of
violation shall be as set forth in sections 30-72 and 30-73 of this Code.
Applications for hearings must be accompanied by a fee as approved
by a resolution of the city commission, which shall be refunded if the
named violator prevails in the appeal.
iii. If the named violator, after issuance of the notice of violation, fails to
pay the civil fine, or fails to timely request an administrative hearing
before a special master, the special master may be informed of such
failure by report from the officer. The failure of the named violator to
appeal the decision of the officer within the prescribed time period shall
constitute a waiver of the violator's right to an administrative hearing
before the special master, and shall be treated as an admission of the
violation for which fines and penalties shall be assessed accordingly.
iv. A certified copy of an order imposing a fine may be recorded in the
public records, and thereafter shall constitute a lien upon any real or
personal property owned by the violator, which may be enforced in the
same manner as a court judgment by the sheriffs of this state, including
levy against the violator's real or personal property, but shall not be
deemed to be a court judgment except for enforcement purposes. On or
after the 61st day following the recording of any such lien that remains
unpaid, the city may foreclose or otherwise execute upon the lien.
v. Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
vi. The special master shall be prohibited from hearing the merits of the
notice of violation or considering the timeliness of a request for an
administrative hearing if the violator has failed to request an
administrative hearing within ten days of the service of the notice of
violation.
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vii. The special master shall not have discretion to alter the penalties
prescribed in subsection (9)(a) or (9)(b).
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 affected 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 Miami Beach City Code. 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 appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the c23 day of /4rc4 , 2019.
PASSED AND ADOPTED this /3 day of /2241-cit. , 2019.
ATTEST:
an Gelber, Mayor
Z y ' APPROVED AS TO
FORM & LANGUAGE
Raf el E. Granado,3/24111
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denotes deletions City AttorneyDateDouble underline denotes additions after First Reading lir
denotes deletions after First Reading
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Ordinances - R5 C
MiAMI BEA H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: March 13, 2019
10:15 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC BEVERAGES," BY
AMENDING SECTION 6-3 THEREOF, ENTITLED "HOURS OF
SALENIOLATIONS," BY AMENDING SUBSECTION 6-3(A)(6) TO PROVIDE
ADDITIONAL CONDITIONS FOR THE EXTENSION OF ALCOHOLIC
BEVERAGE SALES UNTIL 7:00 A.M. FOR CERTAIN ALCOHOLIC
BEVERAGE ESTABLISHMENTS ON JANUARY 1 (NEW YEAR'S DAY) OR
ON THE MONDAY OBSERVED AS A NATIONAL HOLIDAY FOR NEW
YEAR'S DAY, AND DURING CERTAIN DESIGNATED MAJOR EVENT DAYS
OR WEEKENDS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Commissioner John Elizabeth Aleman, the above-referenced
Ordinance is submitted for Second Reading/Public Hearing by the Mayor and City Commission
at the March 13, 2019 Commission meeting.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
❑ Ordinance 2nd Rdg.
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