RESOLUTION 90-19884 RESOLUTION NO. 90-19884
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 RESTRICTING THE LOCATION OF ADULT
ENTERTAINMENT ESTABLISHMENTS AND ESTABLISHING
A PARKING SPACE REQUIREMENT FOR ADULT BOOTHS.
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 restricting the location
of adult entertainment establishments and establishing a parking
space requirement for adult booths;
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 amendments 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: 15 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:
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CITY CLERK J L.. LA)
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
MEMORANDUM NO. s-qo
COMMISSIONM
DATE: January 17 , 1990
TO: Mayor Alex Danl. . •
Members of the City Commi to 0
FROM: Rob W. Pa kins :if' *1
City Cit Manager ; .t /pr'--
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SUBJECT: RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER A
PLANNING BOARD RECOMMENDATION TO AMEND ZONING ORDINANCE
89-2665 BY THE ADDITION OF REGULATIONS RESTRICTING THE
LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS AND
ESTABLISHING A PARKING SPACE REQUIREMENT FOR ADULT BOOTHS
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.
On January 15, 1990, the Planning Board held two public hearings
and considered two separate zoning ordinance amendments - one
ordinance further restricts the location of nude bars while the
other ordinance pertains to all other forms of adult entertainment
(movies, bookstores, peep shows, nude dancing establishments) .
Proposed Zoning Ordinance Amendment Pertaining to Adult
Entertainment Establishments:
The basic concepts included in the proposed ordinance are
essentially as follows:
1. Regulates all forms of Adult Entertainment, including nude
bars. Includes adult bookstores, adult motion picture
theaters, peep shows, other nude live entertainment.
2 . Follows similar distance separation requirements as set forth
in the proposed Nude Bar Zoning Ordinance Amendment, except:
distance separation is from a residential zoning district
rather than from a residential use. This modification is
necessary because the adult entertainment ordinance requires
more areas to be available as sites for such uses, per the
First Amendment of the U.S . Constitution.
3 . Distance separations will require minimum distances from house
34
of worship, school , public parks or playground, residential
AGENDA
ITEM R-7- D
DATE ) - ( 1 - q 0
zoning district, or another adult entertainment establishment.
4 . Prohibits adult entertainment anywhere in the Redevelopment
Area.
5. Exempts hotels of a minimum size from distance separation
requirements.
6. Would permit the grandfathering of existing establishments
(*Note: Nude bars must still adhere to requirements set forth
in the Nude Bar Ordinance, i.e. pasties and G-strings. etc. )
7 . Provides for a new parking requirement of one space per adult
booth.
8 . Provides for variances from Zoning Board of Adjustment.
9 . Provides for penalties of fines and imprisonment.
Administration Recommendation:
The Administration recommends that the City Commission adopt a
resolution calling a public hearing.
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35
ORIGINAL
RESOLUTION NO. 90-19884
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 Ordiance, by addition of regula-
tions restricting the location of adult
entertainment establishments and establish-
ing a parking space requirement for adult
booths.