Ordinance 2019-4265 ORDINANCE NO.; 2019-4265
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," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-5
THEREOF, ENTITLED "PATRON AGE RESTRICTIONS," BY
AMENDING THE ENFORCEMENT AND PENALTIES PROVISIONS
FOR THOSE VIOLATIONS ISSUED PURSUANT TO SECTION 6-5(a)
OF THE CITY CODE; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach regulates the location, size, hours of operation, and
minimum patron age for uses that permit the sale and consumption of alcoholic beverages in
Chapter 6 of the City Code, entitled "Alcoholic Beverages"; and
WHEREAS, the Mayor and City Commission have determined that during certain high
impact periods, as defined in Section 82-443 of the Miami Beach City Code, a substantial influx
of tourists and visitors descend upon the City to partake in the celebration of recognized events
during these periods; and
WHEREAS, due to the celebratory nature of these high impact periods, tourists and
visitors engage in the prolonged consumption of alcohol and other alcoholic or intoxicating
beverages, resulting in excessive consumption of alcohol, which creates volatile and dangerous
situations throughout the City, that directly leads to criminal activity, conduct, or other quality of
life offenses; and
WHEREAS, the City has previously adopted amendments to its City Code to impose
restrictions on the age of persons able to gain admission to alcoholic beverage establishments;
and
WHEREAS, following the adoption of such amendments, numerous incidents have
occurred whereby persons under the age of 21 have been admitted to alcoholic beverage
establishments within the City, and have been served or otherwise obtained alcoholic
beverages in violation of State law, and contrary to the public health, safety, and welfare of the
City; and
WHEREAS, the Mayor and City Commission have determined that it is in the best
interest of the City, and serves to protect the health, safety, and welfare of the City's residents
and visitors, to limit the circumstances in which a patron has access to alcoholic beverage(s).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 6-5, entitled "Patron age restrictions," of Article I, of Chapter 6, of
the City Code of the City of Miami Beach is hereby amended as follows:
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CHAPTER 6
ALCOHOLIC BEVERAGES
ARTICLE I. In General
Sec. 6-5. Patron age restrictions.
(a) It shall be unlawful for persons under the age of 21 to patronize, visit, loiter, be admitted or
allowed access, 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 stepparent) or
legal guardian (appointed by a court);
(3) Alcoholic beverage establishments also licensed and operating as restaurants,
containing a full kitchen of appropriate size to serve the occupancy load of the
establishment, serving full meals at all times. In the case of hotels and other similar
multiuse 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; and
(4) Alcoholic beverage establishments also licensed and operating as motion picture
theaters, subject to compliance with subsection 6-4(a)(4).
Any person(s) under the age of 21 patronizing, visiting, loitering, or admitted to, an
alcoholic beverage establishment must chs!!be required to immediately leave the premises
pursuant to the prohibition set forth in this section. •€ _ - _ e= -e• - e t- -
322.212 of the Florida Statutes.
Enforcement and penalties:
{1) An offense of this section by an alcohol beverage establishment shall be defined as
one or more persons under the permittcd patron age discovered on the busing
premises during a 24 hour period in violation of this section. Hearings on notices of
violation shall be conducted by the special master, who may impose penalties,
by certiorari to the circuit court, Appellate Division.
of 21 obtained access despite the owner's reasonable efforts to prevent such access,
or through a fraudulent identification, and the business used reasonable efforts to
prevent the use of fraudulent identifications. "Retiasonable efforts" shall include, but not
be limited to, use of employees properly checking identification cards at the entrance to
the subject establishment. Presentation of a proposed businese security plan to
prevent future violations may be considered as a mitigating factor in the suspension
hearing or appeal process. For purposes of this section, "identification cards" arc
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$3,000.00 shall be imposed for the fourth offense; thc special master may impose a
successively escalating suspension periods of: one weekend, seven days, 30 days, six
months or may revoke thc business's occupational license. For purposes of
determining the appropriate penalty this section, violations shall accrue only for thc
preceding 12 month period.
{1) An offense of this section by persons under the age of 21 shall be addres..ed as
follows: Persons found in violation of this section shall be asked by, the business
officers, to leave the premises subject to this section. Failure to leave the premises will
subject the violator to, criminal penalties as provided by Florida law. Additionally, •
establishment by presenting fraudulent identification shall be subject to prosecution for
violation of F.S. § 322.212, or comparable provision.
Penalties and enforcement.
The following penalties shall be imposed against an Alcoholic beverage
1=gstablishment for a violation of this section:
a If the violation is the first offense, a=pemen=ar=burwineerthe violator shall receive a
civil fine of$5,000.00;
b. If the violation is the second violation within the preceding six months, a=lafiffs€49=O€
burwinesethe viola or shall receive a civil fine of '10.000.00.
c. If the violation is the third violation within the preceding six months, a=per=son=o€
labisineset e v'•I_ o shall receive a civil fine of '.20 000.00. and
d. If the violation is the fourth or subsequent violation within the preceding six
months, a=i3eFftelgi=Or=lausiistesthe violator shall receive a civil fine of $30,000.00
and the a li h business tax receipt must be revoked.
(2) Enhanced penalties. The following enhanced penalties must be imposed, in addition to
any mandatory fines set forth in subsection 6-5(c)(1) above, for violations of section 6-
a. Enhanced penalties for this section:
L The operation of the alcoholic beverage esta lishment must be immediately
terminated for the duration of the evening, upon confirmation that a violation
has occurred by the Miami Beach Police Department.
ii,. If the offense is a second offense within the preceding six-month period of time,
in addition to the civil fine set forth in subsection 6-5(c)(1), the city manager
may suspend the business tax receipt of the establishment, and prohibit the
property owner, company or business entity from operating the alcoholic
beverage establishment for a one-month period of time.
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iu� If the offense is a third offense within the preceding six month period, in
addition to the civil fine set forth in subsection 6-5(c)(1), the city manager must
deem the alcoholic beverage establishment a habitual offender and, as such,
the city manager may revoke the business tax receipt and prohibit the property
owner, company or business entity from operating the establishment for a
period not to exceed one year.
f±)(3) Enforcement. The police department and code compliance department shall enforce
this section. This shall not preclude other law enforcement agencies from any action to
assure compliance with this section and all applicable laws. If a violation of this section is
observed, the enforcement officer will be authorized to issue a notice of violation. The
notice shall inform the violator of the nature of the violation, amount of fine for which the
violator is liable, instructions and due date for paving 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.
f4 An offense of this section by an alcohol beverage establishment shall be defined as
one or more persons under the permitted patron age discovered on the iftrwifless
establishment's premises during a 24-hour period.
(5) It shall be a defense to alleged violation(s) of this section that the person under the
age of 21 obtained access despite the ownerls Aalcoholic gbev-raae Ee ,blishme '
reasonable efforts to prevent such access, or through a fraudulent identification, and the
estabb ishment used reasonable efforts to prevent the use of fraudulent
identifications. "Reasonable efforts" shall include, but not be limited to, use of employees
properly checking identification cards at the entrance to the sulaieeestablishment.
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. For
purposes of this section, "identification cards" are defined as official Ffederal, state or
local government issued identification cards.
f(6) Rights of violators; payment of fine; right to appear, failure to pay civil fine or to
appeal: appeals from decisions of the special master.
a A violator who has been served with a notice of violation must elect to either:
i_ Pay the civil fine in the manner indicated on the notice of violation: or
ii. 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.
b. 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 City Code. Applications for
hearings must be accompanied by a fee as approved by a resolution of the city
commission.
c. 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 police officer or
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code compliance officer. The failure of the named violator to appeal the decision of
the police officer or code compliance 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.
d. 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.
e. Any party aggrieved by a decision of a special master may appeal that decision to
a court of competent jurisdiction.
f. 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.
g The special master shall not have discretion to alter the penalties prescribed in
subsection (c)(1) or(c)(2).
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e.
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e If tho offonco is a third offonco, in addition to any fino cot forth in cubcoction 6
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SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this $ day of M,/ , 2019.
ATTEST:
3—/n bei, Dan Gelber �~
Rafael E. Granado Mayor
City Clerk
APPROVED AS TO
(Sponsored by Mayor Dan Gelber) FORM&LANGUAGE
&FOR EXECUTION.
Underline denotes additions
Strike through denotes deletions �n �C�- �,Cm ((�
Double underline denotes additions made after First Reading V'
denotes deletions made after First Reading Oty Attorney Date
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INCORP ORATED
A,-.
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Ordinances - R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: May 8, 2019
1:31 p.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,"
ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-5 THEREOF, ENTITLED
"PATRON AGE RESTRICTIONS," BY AMENDING THE ENFORCEMENT
AND PENALTIES PROVISIONS FOR THOSE VIOLATIONS ISSUED
PURSUANT TO SECTION 6-5(A) OF THE CITY CODE; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
RECOMMENDATION
Pursuant to the request of Mayor Dan Gelber, the above-referenced Ordinance is submitted for
Second Reading for consideration by the City Commission at the May 8, 2019 Commission
meeting.
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
❑ Commission Memorandum Re Amending Sec 6-5 Patron Age Restrictions-Alcoholic Beverages
o Ordinance Re Amending Sec 6-5 Patron Age Restrictions-Alcoholic Beverages
Page 433 of 1102
M.. EA \ ; I B; h
OFFICE OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR DAN GELBER
MEMBERS OF THE CITY COMMISSION SECOND READING
JIMMY L. MORALES, CITY MANAGER n_ 1
FROM: RAUL J. AGUILA, CITY ATTORNE 2f'$
DATE: MAY 8, 2019
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," ARTICLE I, ENTITLED "IN
GENERAL," SECTION 6-5 THEREOF, ENTITLED "PATRON AGE
RESTRICTIONS," BY AMENDING THE ENFORCEMENT AND
PENALTIES PROVISIONS FOR THOSE VIOLATIONS ISSUED
PURSUANT TO SECTION 6-5(a) OF THE CITY CODE; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
The Administration has requested various amendment(s) to Section 6-5 of the City Code, which
will further prevent the multitude of young visitors (under the age of 21) from being lured to
alcoholic beverage establishments during High Impact Periods, and to establish succeeding
enhancements to the penalty provision(s) in order to further strengthen the City's ability to take
enforcement action against those alcoholic beverage establishments that admit a person under
the age of 21 to enter their premises.
Mayor Dan Gelber has sponsored the amendment(s) to the Ordinance, which were initially heard
by the Mayor and City Commission on first reading at the April 10, 2019 City Commission meeting,
and which subsequently passed with a few minor modifications to those proposed amendments
to the Ordinance.
Specifically, the amendment(s) would more severely, yet appropriately, sanction those alcoholic
beverage establishments that allow persons under the age of 21 to patronize, visit, loiter or be
admitted to their business premises. Furthermore, the Mayor and City Commission sought to
clarify certain provision(s) within Section 6-5, as follows:
1. Section 6-5(b) has been further simplified to require any person under the age of 21 that
is patronizing, visiting, loitering, or admitted to an alcoholic beverage establishment, to
immediately leave the premises.
Page 434 of 1102
Commission Memorandum
May 8, 2019 Page 2 of 2
2. In Section 6-5(c), which establishes the penalty provision(s) and the express authority of
the City to take enforcement action, the phrase "a person or business" has been duly
replaced with the phrase"the violator,"in order to further describe and clarify that the entity
responsible for a violation of this Section must be an alcoholic beverage establishment.
3. The "Enhanced Penalties" section has been relocated from Section 6-5(d) to Section 6-
5(c)(2) and, more importantly, upon the confirmation by the Miami Beach Police
Department that a violation of Section 6-5 has occurred at the alcoholic beverage
establishment, the City Manager is authorized to immediately terminate the operation of
the alcoholic beverage establishment for the duration of the evening.
The inclusion of this supplemental language will serve to further deter the offending
alcoholic beverage establishment from allowing those persons under the age of 21 to
access their premises, and serves to harmonize the language utilized herein, with the
language that has been developed for those violation(s) of Section 102-360 which, if
approved by the City Commission at Second Reading on May 8, 2019, imposes a similar
penalty as set forth in Section 102-377.
The second reading of the Ordinance is scheduled for the May 8, 2019 City Commission Meeting,
and the Administration supports the further enhancement(s) set forth herein to Section 6-5 of the
City Code.
RA/AB/sp
Page 435 of 1102