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RESOLUTION 90-19883 RESOLUTION NO. 90-19883 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER A NEGATIVE RECOMMENDATION OF THE PLANNING BOARD ON AN AMENDMENT TO ORDINANCE NO. 89-2665, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY ADDITION OF REGULATIONS PERTAINING TO TOTAL NUDITY, SEXUAL CONDUCT, AND PARTIAL NUDITY IN ALCOHOLIC BEVERAGE ESTABLISHMENTS. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT, WHEREAS, the Planning Board of the City of Miami Beach held a public hearing on January 15 and 16, 1990 and made a negative recommendation on an ordinance prohibiting Total Nudity and Sexual Conduct in Alcoholic Beverage Establishments and restricting the locations of Alcoholic Beverage Establishments which permit Partial Nudity; WHEREAS, said action of the Planning Board has been duly transmitted to the City Commission pursuant to Section 14 , entitled "Changes and Amendments" of Zoning Ordinance No. 89-2665. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing for consideration of the aforementioned amendment to the Zoning Ordinance is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, beginning at 5:00 P.M. on February 7, 1990 ; and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of said Public Hearing to be published in a newspaper of general circulation of the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 17th day of January, 1990. VICE-MAYOR ATTEST: CITY CLERK _' E":1":i3k17,11!'liEitiT 71. ??.a JK\SRP\hp gTT• a:nudereso a ei,/ 4 • W4uu • &ae •s - �PME �F4: FLORIDA 3 3 1 3 9 *( c-5:-, 1NCOR►;ORATED/* "V.4 C.4 TION L '1.`D U. S. A. '• V CH 26 c, OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 fl COMMISSION MEMORANDUM NO. 1 i 1.1-20 _c -k_ o_. ., DATE: JAN. 17 , 1990 TO: Mayor Alex Dao • and Members of e City Com ► ss+e n f ir .- W ins '•�����•� F ROM•. Rob . Pa 1 City Manager er .2A ZOW SUBJECT: RESOLUTIO CALLING A PUBLIC HEARING TO CONSIDER A PLANNING BOARD RECOMMENDATION, (A NEGATIVE RECOMMENDATION, 5 VOTES NEEDED TO APPROVE) AN AMENDMENT TO ZONING ORDINANCE 89-2665 BY THE ADDITION OF REGULATIONS PERTAINING TO TOTAL NUDITY, SEXUAL CONDUCT, AND PARTIAL NUDITY IN ALCOHOLIC BEVERAGE ESTABLISHMENTS BACKGROUND On January 3 , 1990, the City Commission approved (6-0) on first reading an Ordinance amending the City Code to prohibit total nudity and sexual conduct in alcoholic beverage establishments. It permits partial nudity (pasties and G-strings) in alcoholic beverage establishments provided that certain mandatory criteria are met. The City Code amendment does not provide for distance separations from schools, residential areas, similar adult oriented establishments, or for exemptions for hotels because these types of controls may only be included in the Zoning Ordinance. Similarly, the City Code amendment only addresses nude bars and not other adult uses because locational restrictions governing adult motion picture theaters and bookstores must also be included in the Zoning Ordinance. PLANNING BOARD ACTIONS On January 15 and 16, 1990, the Planning Board held two public hearings and considered two separate Zoning Ordinance amendments - one Ordinance restricts the location of nude bars while the other Ordinance pertains to all other forms of adult entertainment (movies, bookstores, peep shows) . Prior to the public hearing, one of the members (James Silvers) determined he may have a conflict of interest and left the meeting. As such, six of the seven members were present throughout the entire meeting. As set forth in the Zoning Ordinance, in order for a motion to receive an affirmative recommendation from the Planning Board, it is necessary that five votes be cast in favor of a motion. If a motion receives four of the six votes, it fails to pass. This is the same situation where the Board of Adjustment requires four of five votes in order to approve a variance. The attached Ordinance, which only received four votes in favor and two against, was not recommended by the Planning Board. The four votes in favor were cast by Norman Frank, Stephen Hertz , Keith Kovens, and Ralph Mizrahi. The two dissenting votes were cast by Joy Alschuler and Neisen Kasdin. The dissenters voted against the Ordinance because 1) it allowed partial nudity in alcoholic beverage establishments in the Redevelopment Area, and; 2) the AGENDA 7 _ ITEM DATE I — I--) —Cli 0 Ordinance did not expand the 300 ft. to 400 ft. separation from a school , place of worship, park and playground from alcoholic beverage establishments that have partial nudity. A motion to expand the separation between schools and nude bars from 300 ft. to 400 ft. failed four to two. Similarly, a motion to prohibit partial nudity in alcoholic beverage establishments in the Redevelopment Area failed on a vote of four votes in favor and 2 against. A motion to measure the distance separation from residential districts as opposed to residential uses failed 3-3 . As required in the Zoning Ordinance, the Planning Board' s recommendation, which is not to approve the attached Ordinance, (four to approve - two to deny) is hereby transmitted to the City Commission for purposes of setting public hearing dates. SUMMARY OF THE ORDINANCE The basic concepts included in the proposed ordinance are as follows: 1 . Follows intent of the City Code Ordinance approved on 1st reading on 1/3/90 regarding partial and total nudity and sexual conduct. 2 . Prohibits all total nudity/sexual conduct in alcoholic beverage establishments. Allows performers to exhibit partial nudity with a G-string covering cleft of the buttocks and pubic area and pasties covering the areola if the establishments meet distance separation requirements. Distance separation will include a minimum distance of 300 ft. from land used for residential purposes, house of worship, school, public park or playground; 1000 ft. distance separation from another adult entertainment establishment. 3 . Allows partial nudity in alcoholic beverage establishments anywhere in the Redevelopment Area, provided that they meet the above distance separation requirements. 4 . Grandfathers-in existing establishments for Partial Nudity only. 5. Exempts hotels of a minimum size (250 units) from distance separation requirements. 6. Provides for variances from Zoning Board of Adjustment for distance separation requirements. 7 . Provides for penalties in City Code (fines, imprisonment) and in Zoning Ordinance (Code Enforcement Board fines) . 8 . Establishes the following mandatory requirements for alcoholic beverage establishments which have partial nudity. a. Minimum building size - 8 , 000 sq. ft. b. No less than 250 seats. c. Full service restaurant and kitchen on site offering a complete menu during the operating hours of the club. d. Parking requirement (1 space per 3 seats all of which shall be located on site) . e. No exterior signage describing or depicting the activities taking place within the premises. ADMINISTRATIVE RECOMMENDATION The Administration recommends that the City Commission adopt a resolution calling a public hearing on the attached Ordinance. RWP:JK: jm Attachment Commisn\nude ORIGINAL RESOLUTION NO. 90-19883 Calling a public hearing to consider a negative recommendation of the Planning Board on an amendment to Ordinance No. 89-2665, the same being the Comprehensive Zoning Ordinance, by addition of regula- tions pertaining to total nudity, sexual conduct, and partial nudity in alcoholic beverag eestablishments.