Ordinance 2019-4309 ORDINANCE NO. 2019-4309
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
12 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ARTS, CULTURE AND ENTERTAINMENT," BY AMENDING
ARTICLE II, ENTITLED "SPECIAL EVENTS," BY CREATING
SECTION 12-6, ENTITLED "AMBIENT ENTERTAINMENT
PERMIT PROGRAM," TO CREATE AN AMBIENT
ENTERTAINMENT PERMIT PROGRAM, SET FORTH
DEFINITIONS, IDENTIFY ELIGIBLE ESTABLISHMENTS,
PROVIDE FOR AN APPLICATION, ESTABLISH REGULATIONS
APPLICABLE TO THE PERMIT PROGRAM (INCLUDING THE
TERM OF THE PERMIT, NOTICE REQUIREMENTS, AND
MINIMUM STANDARDS, CRITERIA, AND CONDITIONS),
PROVIDE FOR ENFORCEMENT AND PENALTIES, AND
CREATE REPORTING REQUIREMENTS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City Code broadly defines an "entertainment establishment" as "a
commercial establishment with any live or recorded, amplified or nonamplified performance,
(excepting television, radio and/or recorded background music, played at a volume that does not
interfere with normal conversation, and indoor movie theater operations)"; and
WHEREAS, the City's Land Development Regulations identify"entertainment" as either a
permitted, conditional, or prohibited use in various City zoning districts; and
WHEREAS, in districts where entertainment is listed as a conditional use, applicants are
required to obtain a conditional use permit for "entertainment" from the Planning Board, even if
the applicant is only proposing to conduct a performance at a volume that does not interfere with
normal conversation (hereinafter, at an "ambient volume level"); and
WHEREAS, performances conducted at an ambient volume level are unlikely to cause a
nuisance to neighboring residents, businesses, or property owners; and
WHEREAS, in order to provide a mechanism for businesses (particularly small
businesses, which struggle to remain competitive in today's market) to conduct live or recorded
performances at an ambient volume level, without creating a vested right to conduct
entertainment, the Mayor and City Commission desire to establish an ambient entertainment
permit program, subject to the conditions specified herein; and
WHEREAS, each ambient entertainment permit will be conditional at all times, and may
be revoked by the City upon a finding of a violation of the permit or of the provisions of this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Chapter 12 of the Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 12
ARTS, CULTURE, AND ENTERTAINMENT
ARTICLE II. SPECIAL EVENTS
* * *
Sec. 12-6. Ambient entertainment permit program.
The city's tourism and culture director shall have the authority to issue, modify, or revoke
permits for ambient entertainment performances, in accordance with criteria set forth in this
section.
Definitions. For purposes of this section, the following definitions shall apply:
(1) Ambient entertainment shall mean any live or recorded, amplified or nonamplified
performance played or conducted at a volume that does not interfere with normal
conversation (excepting television, radio and/or recorded background music,
played at a volume that does not interfere with normal conversation, and indoor
movie theater operations).
2) Permit shall mean an ambient entertainment performance permit issued pursuant
to this section, which permit shall authorize a permittee to conduct ambient
entertainment, subject to the conditions set forth in this section. The granting of a
permit is a privilege and not a right, and the approval, issuance, and continued
operation of a permit is conditional, and subject to revocation by the city manager
at all times.
Permittee shall mean the recipient of an ambient entertainment performance
permit issued pursuant to this section.
2
Q) Eligible establishments. Only restaurants (i) with an occupant content of 299 or fewer
.ersons H that are located north of 40th Street or in the Collins Park nei•hborhood which
is generally bounded by Washington Avenue on the west, Collins Canal. Lake Pancoast,
and 25th Street on the north, the Atlantic Ocean on the east, and 17th Street on the south)
and ;;, iii that are located in zonin. districts where entertainment is a •ermitted or
conditional use, shall be eligible to apply for and obtain a permit pursuant to this section.
Notwithstanding the foregoing, an establishment with a conditional use permit shall not be
eligible to apply for a permit under this section.
During the one (1) year period prior to the date of the submittal of an application, an
applicant shall not have received an adjudication of a violation of this section, or of any of
the following City Code provisions: chapter 6 (alcoholic beverages); section 12-5 (special
events); or chapter 46, article IV (noise).
Application. Applicants wishing to conduct ambient entertainment must submit a
completed permit application to the tourism and culture director, in a form prescribed by
the city manager. All requirements of this section must be fully satisfied, including payment
of an application fee, in the amount of $250.00, before an application will be reviewed.
Each application must be accompanied by a sworn affidavit, signed by the applicant,
acknowledging and agreeing to comply with all applicable provisions of the City Code,
including this section.
(d) Annual permit. Each permit issued pursuant to this section shall have a term of one year,
from October 1 until September 30 of the following year. Each permittee shall pay an
annual permit fee, in the amount of$250.00, which shall be due and payable on October
1 of each year. The fee shall be collected by the tourism and culture department or by
such other department as may be designated by the city manager.
A permittee with no violations of this section shall be eligible to renew a permit for
additional one-year terms. Notice of the amount due and instructions for payment shall be
provided to permittees at least 60 days prior to October 1 of each year.
(e) Notice. Copies of submitted permit applications must be provided to the corresponding
neighborhood, homeowners, or business association in the neighborhood where the
applicant's business establishment is located.
Minimum standards, criteria, and conditions.
(1) The granting of a permit is a privilege and not a right, and the approval, issuance,
and continued operation of a permit is conditional, and subject to revocation by the
city manager at all times.
3
gj All permits shall be revocable at the sole discretion of the city manager, which
revocation may be without cause and for convenience, upon seven days' prior
written notice to the permittee.
(3) At no point shall an ambient performance conducted pursuant to this section be
conducted at a volume that exceeds an ambient volume level (i.e. at a level that
interferes with normal conversation). Additionally, in order to ensure compliance
with this requirement, permittees shall ensure that windows remain closed, and
shall use all best efforts to ensure that doors remain closed, while performances
are taking place.
Lep Ambient entertainment performances conducted pursuant to a permit may only
take place indoors, and shall be inaudible from the exterior of the premises.
(5) Ambient entertainment performances may only occur between the hours of 10:00
a.m. and midnight each day.
(6) The permittee shall recognize, agree, and acknowledge that, upon a finding of a
violation pursuant to subsection (h), the permit shall be subject to immediate
revocation by order of the city manager, in the city manager's sole discretion, and
the revocation order will not be subject to any subsequent review.
(7) The permittee shall acknowledge and agree to provide unobstructed and
immediate access to the applicant's business establishment for inspection by the
City's tourism and culture department and/or code compliance department, in
order to ensure the permittee's compliance with the provisions of this section and
all applicable city, county, state, and federal laws.
a) Each permittee shall agree to indemnify, defend, save, and hold harmless the city,
its officers, and employees from any and all claims, liability, lawsuits, damages and
causes of action which may arise out of any activities conducted pursuant to the
permittee's permit, including, without limitation, the permittee's agreement to allow
the city access to inspect the premises for compliance with this section.
(9) Permittees shall at all times comply fully with all applicable city, county, state, and
federal laws.
ig) Maximum number of permits. Permits issued pursuant to this section shall be issued on a
first-come, first-served basis. The city manager shall, in consultation with the tourism and
culture director and code compliance director, establish (and, from time to time, revise) a
maximum number of permits for each of the following areas of the city:
South Beach (between 6th Street and 23rd Street);
4
2) Mid-Beach (between 23rd Street and 63rd Street); and
j North Beach (north of 63rd Street).
(h) Enforcement and penalties.
The city manager shall be authorized to issue a revocation order of the permit where
it is determined by the city manager, in the city manager's sole discretion, that a
violation of the permit or of the provisions of this section has occurred. In the event of
such a violation, the city manager shall be authorized to issue an immediate order
revoking the permit and suspending any activities conducted in furtherance thereof,
and the permittee must cease any such activities. The issuance of an order revoking
the permit shall not be subject to any subsequent review, and will be deemed
administratively as a final action.
(2) If the city manager believes that a permittee has engaged or is engaged in conduct
warranting the revocation of a permit, the city manager shall serve the permittee by
certified mail or hand delivery, at the permittee's business address as disclosed in the
permit application.
Ill Reporting. The city manager shall, on an annual basis, present submit to the city
commission in the a.enda materials for a re•ularl scheduled ommission meetin• with
a written report detailing the city's permitting and enforcement activities relating to the
provisions of this section. The report shall include statistics relating to the number of
permits issued, number of active permits in good standing, number of complaints received,
and number of permits revoked.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith 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.
5
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the a day of aAk'e , 2019.
PASSED AND ADOPTED this /6 day of aC4.h-rr- , 2019.
ATTEST:
1 2.ct iq Dan Gelber
Rafael E. Granado Mayor
City Clerk
Underline denotes additions
Strikethrough denotes deletions
(Sponsored by Commissioner John Elizabeth Aleman)
F:\ATTO\KALN\ORDINANCES\Ambient entertainment permit ordinance-Second Reading.docx
'5. APPROVED AS TO
; FORM & LANGUAGE
= * & FOR VECUTION
• SCO ORh1'-� ' '`
,, • 1C RP -1 I D- I H°I
\i'\�%> c AyS- City Attorney Date
TCH
6
Ordinances - R5 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2019
1:45 p.m. Second Reading Public Hearing
SUBJECT: AMBIENT ENTERTAINMENT PERMIT PROGRAM
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ARTS, CULTURE AND
ENTERTAINMENT," BY AMENDING ARTICLE II, ENTITLED "SPECIAL
EVENTS," BY CREATING SECTION 12-6, ENTITLED "AMBIENT
ENTERTAINMENT PERMIT PROGRAM," TO CREATE AN AMBIENT
ENTERTAINMENT PERMIT PROGRAM, SET FORTH DEFINITIONS,
IDENTIFY ELIGIBLE ESTABLISHMENTS, PROVIDE FOR AN
APPLICATION, ESTABLISH REGULATIONS APPLICABLE TO THE
PERMIT PROGRAM (INCLUDING THE TERM OF THE PERMIT, NOTICE
REQUIREMENTS, AND MINIMUM STANDARDS, CRITERIA, AND
CONDITIONS), PROVIDE FOR ENFORCEMENT AND PENALTIES, AND
CREATE REPORTING REQUIREMENTS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
ANALYSIS
SUMMARY
The attached ordinance creates an ambient entertainment permit program, consisting of the
following components:
• Identifying eligible establishments;
• Establishing regulations applicable to the Program, including the term of the permit, notice
requirements, and minimum standards, criteria, and conditions;
• Providing for stringent enforcement and penalties.
HISTORY
On January 16, 2019, at the request of Commissioner John Elizabeth Aleman, the City
Commission referred the following discussion item to the Land Use and Development
Committee (Item C4 AD) in order to create equity between the current entertainment exemption
for recorded ambient music, and ambient music performed by live musicians:
Page 1597 of 2557
DISCUSSION REGARDING AN ORDINANCE TO CREATE AN EXEMPTION FROM
THE DEFINITION OF "ENTERTAINMENT ESTABLISHMENT" FOR
PERFORMANCES CONDUCTED AT A VOLUME THAT DOES NOT INTERFERE WITH
NORMAL CONVERSATION.
On March 6, 2019, the Land Use and Development Committee (LUDC)discussed the item and
recommended that the City Attorney's Office draft a revised ordinance for consideration. The
LUDC continued the item to the April 3, 2019 meeting. On April 3, 2019, the item was continued
to the June 12, 2019 meeting.
On May 28, 2019, City staff and the item sponsor met with affected stakeholders from the
Sunset Harbour neighborhood to discuss potential options being developed by City staff.
On June 12, 2019, the LUDC held a lengthy discussion and continued the item to a date certain
of July 24, 2019. Also, at the request of the item sponsor, the title of the item was amended as
follows:
DISCUSSION TO CREATE OPTIONS FOR INDOOR AMBIENT ENTERTAINMENT.
The LUDC also directed the City Attorney to draft a non-LDR amendment, in accordance with
Option 1 (as further defined below), including the following additional operating standards:
• The pen-nit process will be administered by the Tourism and Culture Department, in a manner
similar to special event permits.
• Code Compliance shall be granted full access to the venue as a pre-condition of a permit.
• There will be a cap on the number of permits issued during the pilot to mitigate any staffing
impact for Code Compliance.
Additionally, the administration was directed to look at the areas of the City where indoor
entertainment is currently permitted and identify sub-areas where the current CUP process may
be onerous and could be modified. The LUDC requested that additional recommendations
regarding these areas be provided.
On July 9 and 11, 2019, public outreach (town hall) meetings were held in North and South
Beach, in on-ler to provide an opportunity for additional public outreach and stakeholder input.
On July 24, 2019, the LUDC discussed the revised draft of the proposed ordinance and
transmitted it to the City Commission with a recommendation for approval.
BACKGROUND
Chapter 114 of the City Code provides the following definition for entertainment establishment:
Entertainment establishment means a commercial establishment with any live or recorded,
amplified or nonamplified performance, (excepting television, radio and/or recorded background
music, played at a volume that does not interfere with normal conversation, and indoor movie
theater operations). Entertainment establishments may not operate between the hours between
the hours of 5:00 a.m. and 10:00 a.m., except as provided for under subsection 6-3(3)(b).
Under Chapter 142 of the City Code, myriad regulations exist regarding entertainment within
eating and drinking establishments. The attached chart provides a grid outline of where
Page 1598 of 2557
entertainment is permitted as of right, where conditional use approval (CUP) is required and
where entertainment is prohibited outright. These locations have also been identified in the
attached maps.
RESEARCH
Staff has reviewed the codes of several local governments, and summarized regulations that
were relevant to regulating entertainment uses. The cities analyzed define entertainment
differently when compared to Miami Beach, and generally, the cities reviewed in Florida do not
regulate where and how music can be played. Instead they regulate where alcoholic beverage
establishments and specific types of entertainment venues can locate, and primarily deal with
noise-related concerns through noise ordinances.i11 Coral Gables and Fort Lauderdale do
provide some regulation on hours of operation when music can be, but playing music is
permitted in all commercial districts of those cities.
Staff also reviewed the codes of Austin, Texas which is known for its nightlife. Austin does
regulate where entertainment can take place; however, they make certain allowances for
restaurants and bars, allowing live entertainment with strict noise limits. Issues related to
entertainment are primarily dealt with through a noise ordinance which has a permitting process
for exceeding base noise limits.
A summary of the applicable regulations for each of the cities analyzed is attached.
PLANNING AND LEGAL ANALYSIS
At the March 6, 2019 meeting, the LUDC directed the administration and the City Attorney's
Office to explore other options to allow indoor restaurants to conduct ambient live
performances, as the original proposal to exempt ambient performances from the definition of
entertainment raised concerns among members of the community. In response, the following
three separate, potential options to address the proposal were presented to the LUDC on June
12, 2019:
Option 1: Revocable Permit for Ambient Entertainment
Amend the City Code to authorize the City Manager to issue a revocable permit for ambient
entertainment, with conditions (i.e. like a special event permit). The ordinance would include the
following provisions:
• Identify districts where permitted;
• Limit to indoor restaurants only;
• Establish maximum occupancy and hours; and
• Establish a maximum number of permits issued by district.
The following additional operating standards were presented on the floor, in conjunction with
Option 1:
1. The permit process will be administered by the Tourism and Culture Department, in a manner
similar to special event permits.
2. Code Compliance shall be granted full access to the venue as a pre-condition of a permit.
3. Include a cap on the number of permits issued.
Option 2: Create a Separate Definition for Ambient Entertainment
Amend Chapter 114 of the City Code to create the following definition for "ambient
Page 1599 of 2557
entertainment":
Ambient entertainment establishment means a commercial establishment with any live or
recorded, amplified or nonamplified performance played or conducted indoors at a volume that
does not interfere with normal conversation (excepting television, radio and/or recorded
background music, played at a volume that does not interfere with normal conversation, and
indoor movie theater operations). Ambient entertainment establishments may not operate
between the hours between the hours of midnight and 10:00 a.m., except as provided for under
subsection 6-3(3)(b).
For comparison purposes, the following is the definition for"entertainment establishment" in the
city code:
Entertainment establishment means a commercial establishment with any live or recorded,
amplified or nonamplified performance, (excepting television, radio and/or recorded background
music, played at a volume that does not interfere with normal conversation, and indoor movie
theater operations). Entertainment establishments may not operate between the hours between
the hours of 5:00 a.m. and 10:00 a.m., except as provided for under subsection 6-3(3)(b).
Additionally, the following would apply to this option:
• Identify districts where ambient entertainment is a permitted use;
• Limit to indoor restaurants only;
• Establish maximum occupancy and hours; and
• Require a separate BTR/CU for ambient entertainment.
Option 3: Original Proposal
Amend the current definition of "entertainment" to exclude indoor performances played or
conducted at ambient volume levels, as follows:
Entertainment establishment means a commercial establishment with any live or recorded,
amplified or nonamplified performance, (excepting television, radio and/or recorded background
music, and any other indoor performance played or conducted at a volume that does not
interfere with normal conversation, and indoor movie theater operations). Entertainment
establishments may not operate between the hours between the hours of 5:00 a.m. and 10:00
a.m., except as provided for under subsection 6-3(3)(b).
As indicated previously, Options 1 and 2 both create equity between the current entertainment
exemption for recorded ambient music, and ambient music performed live by musicians (or, for
that matter, any other performance conducted at an ambient volume level). By creating a
separate, defined category for ambient entertainment establishments, there would no longer be
a need for an exception to the definition of entertainment establishment. Further, the immediate
revocability of the permit proposed in Option 1, and similar enforcement provisions associated
with Option 2, would penalize rogue or illegal operators with the revocation of the permit or, in
the context of Option 2, the suspension or revocation of a business's ambient entertainment
BTR, in a relatively short period of time. These new enforcement mechanisms would be
separate and apart from the City's existing authority to suspend or revoke a business's BTR,
which effectively shuts down the entire business operation.
Finally, the item sponsor has indicated that an opportunity for a neighborhood to opt out of any of
the options noted above will be considered for those areas of the City that currently prohibit
Page 1600 of 2557
entertainment. This can be done legislatively, by excluding the affected areas from the different
options noted above. For those areas that currently allow for entertainment, but with a mandatory
CUP review regardless of occupational content (e.g., the west side of Alton Road), additional
legislative changes can be explored.
UPDATE
Draft Ordinance creating an Ambient Entertainment Permit Program
Pursuant to the direction of the LUDC on July 24, 2019, to proceed with Option 1, the City
Attorneys Office prepared a draft ordinance for first reading, creating an ambient entertainment
permit program. The ordinance, in pertinent part, defines the scope of the program; identifies
eligible establishments (restaurants, with an occupant content of 299 or fewer persons, which
are in zoning districts where entertainment is a permitted or conditional use); creates operating
standards and conditions; provides for enforcement; and requires annual review.[2]
The Ordinance also provides that, as a condition of obtaining a permit, a permittee shall agree
and acknowledge that (i) the permit shall be subject to immediate revocation in the event of a
violation, and (ii) the permittee shall be required to provide unobstructed and immediate access
to the business establishment for inspection by Tourism and Culture staff and Code
Compliance officers, in order to ensure compliance with the provisions of the Ordinance and all
other applicable laws.
Potential amendments to existing conditional use regulations
Regarding the LUDC's request to explore areas of the City where the current CUP process
may be onerous and could be modified, at first reading on September 11, 2019, the
administration identified the CD-2 and RM-3 areas of North Beach (east of Indian Creek), as
well as the CD-3 properties along 41st Street, as possible locations. In this regard, both sub-
areas, which are composed of high intensity multifamily residential and medium-high intensity
commercial, zoning districts, have been identified for redevelopment. Currently, the affected
properties along 41st Street, and those zoned CD-2 in North Beach, must obtain CUP approval
for any type of indoor entertainment, regardless of the occupational content of the venue. For
the RM-3 properties in North Beach, indoor entertainment would be allowed as an accessory
use and the occupational content must exceed 200 persons before a CUP review is required. It
should be noted, that the properties identified in these sub-areas would still be subject to CUP
approval once the occupational content hits 300 persons, regardless of whether entertainment is
proposed or not.
FIRST READING UPDATE
The subject ordinance was approved at first reading on September 11, 2019, with no
substantive modifications to the permit program. However, the City Commission modified the
boundaries of the proposal, to be applicable only to eligible properties located within the Collins
Park area and north of 40th Street. These minor revisions, including the specific boundaries of
the Collins Park area, have been incorporated into a revised ordinance for second reading.
The City Commission also requested that a yearly update on the number of permits issued be
provided, via LTC.
Footnotes:
ill Subsequent to the March 6, 2019 LUDC meeting, City staff studied the feasibility and
practicality of shifting to a decibel-based standard for enforcement of the City's Noise
Page 1601 of 2557
Ordinance. Based upon the reasons previously cited by the City Attorney's Office, as well as
concern from Code Compliance regarding the objectivity and enforceability of the use of
decibel meters, the Administration does not recommend shifting from the current standard to a
decibel-based standard.
RI The City Attorney's Office conducted research on distinctions between "amplified" and "non-
amplified" entertainment. Because certain performances may require amplification to reach a
certain volume level, and others may not, the attached Ordinance is focused on limiting the
volume of performances—at a level that does not interfere with normal conversation (i.e. at an
ambient volume level).
CONCLUSION
The Administration recommends that the City Commission adopt the attached ordinance.
Applicable Area
Citywide
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
❑
Entertainmnet Uses CHART
D Entertainment Locations MAP NORTH
❑ Entertainment Locations M:P SOUTH
o Entertainment RESEARCH SUMMARY
❑ Ordinance
Page 1602 of 2557
Indoor Entertainment - Current Regulations
I Weer Rt Indoor Entertainment
Permitted with CUP
All Commercial (CD), MXE All Commercial (CD), MXE and All PS districts, south of 6th
and TC Districts (except TC- TC Districts(except TC-3), as street (South of Fifth);
3), as well as accessory uses well as accessory uses to a
to a hotel in the RM-3 hotel in the RM-3 District
Districts (where hotels are (where hotels are permitted),
permitted), when a venue when a venue serving alcohol
serving alcohol has an has an occupant content over
occupant content of less than 199 persons;
200 persons;
Any commercial use not Regardless of occupant All CD-2, I-1, and RM-3
selling or serving alcohol, content: CD-3 district, along districts in the Sunset
regardless of occupant and adjacent to 41st Street; Harbour area;
content.
Regardless of occupant All RS, TH, TC-3, RM-2 and
content: CD-2 district, north RM-1 districts city wide;
of 65th Street
Regardless of occupant In RM-3 districts ground
content: CD-2 district on the floor additions for
west side of Alton Road from oceanfront lots located in
6th Street to Collins Canal and the architectural district
on the east side of West relocating existing hotel
Avenue between Lincoln units;
Road and 17th Street.
Package liquor stores in the
MXE district which have
been grandfathered.
Page 1603 of 2557
Miami Beach Entertainment Regulations
Indoor Entertainment Permitted;CUP>200 person -1-
1111
: Indoor Entert.:rment Permitted with CUP,Regardless#persons
ME Indoor Entertainment Permitted as an Accessory to Hotel;CUP>200 persons
- Commercial/Mixed-Use District Indoor Entertainment Prohibited
��, Residential District/GU Districts Entertainment Prohibited AIM
_____1_ MIMI
il L'
I -11. :::::
m ■
,„
lippi\
raik
— A.,w'R ',” ,ElNsr.sr
griwilimming---
...
lit CO-2 ♦ t. t� `
4,,,,sci S x I rwa twi—=-6: i I\
.--ter �-r
xgnaeswr y
R 2 rR L b
e� •
-1111111 . ,O_
I
�
f' .
t1i
' II
7,74,
11 (__ •
III
1
1)
Ji AT
II aft
/ fill' i -
ifeN4
i
11
i N
1411, 1.
i
_if l li .ia
W --.60"- E
0 0.25 0.5 1 Miles 1j1
�� J1 I
Miami Beach Entertainment Regulations ' '^
14/BIT
mieL1117
Indoor Entertainment Permitted;CUP>240 person �I .
-, Indoor Entertainment Permitted with CUP:Regardless#persons ! 4 '��"' ++uw o0F-..wsm
Ho 1yrirli,„aim ant
■ Indoor Entertainment Permitted as an Accessory to Hotel;CUP>200 persons Alp /i"■ - Commercial/Mixed-Use District Indoor Entertainment Prohibited As 4i Residential District/GU Districts Entertainment Prohibited IIa
lift
if 11111 R. yaiii
4
iAim. e /
I-i ' f.
1.
• sz
41 ' i
r
C 11 1 11i* 1
21 IIIIIINIIIIIN 414(
/ e-
if
cilIN 1 I)h i
.1 oI•
ill - .:/I1$ c. N Uii _ ■ � 411_1 ; Il�tav z N_1 CSS''- E- ,AY dIEICH
Fig.111111110.I=Or
■
Ir s
I . 1 1r"'I'!
op 111
_,,u,-. I
• 0..'. mil1
..._
_ I ..11 Iii
....udi .
..1111/11
eiii/0404 III 11.1110 I 7 1
R5-1 it
III
.,..,
1i■...... ,
•
k,,• 11w .
IN .11
‘Z.4,114.14‘11‘
4%4
%� `4%4. 71-:x,
4_
---.5 \ W `�J1� E
0 0.25 0.5 1 Miles ti. ;,r-PRD '
A I I 1 t , , i 'age 16ee of 2557 . •
S
I .
Research Summary- Entertainment Regulations
City of Miami, Florida
An entertainment establishment in the City of Miami is defined and includes a cinema,
billiard parlor, teen club, dance hall, or video arcade. The zoning ordinance allows
entertainment establishments by right in Commercial (T4-0, T5-0, and T6-O), High
Density Limited Commercial (T6-L), Light Industrial (D1), and Industrial (D2) zoning
districts, and by an administrative special permit in Medium Density Limited Commercial
districts (T5-L). Alcoholic beverage establishments, not including restaurants, are also
regulated and require the equivalent of a conditional use permit be approved by the
City's Planning Board (Article 4, Table 3, Miami 21 Code), with certain exceptions. Food
service establishments, which may serve alcoholic beverages, are permitted in all
commercial and limited commercial districts.
The city code provides additional regulations for the location and distance separation of
alcoholic service establishments, which excludes restaurants serving alcohol. Alcoholic
service establishments are required to be a minimum of 1,500 feet from other
establishments of the same type, in addition to separation from churches and schools.
The code also establishes entertainment districts such as Wynwood, Little Havana,
Brickell Village, Brickell Riverside, Park West, etc., Establishments located in these
districts are approved administratively thru a conditional use permit and are not subject
to distance separation requirements. The number of establishments within a district are
capped and hours of operation and operating conditions apply (Chapter 4, Miami Code
of Ordinances). Additionally, the administrative review for the conditional use permit
requires that a noise attenuation plan addressing noise control be submitted for staff
review.
The ability to have live music in other types of establishment is not regulated by the City.
However, noise is regulated through the city's noise ordinance (Chapter 36, Miami Code
of Ordinances). The ordinance provides that it is unlawful for noise or music to be
"plainly audible at a distance of 100 feet from the building, structure, vehicle or
premises in which or from which it is produced." The city commission is authorized to
provide exceptions from these provisions for special occasions by resolution.
City of Fort Lauderdale, Florida
The City of Fort Lauderdale Unified Land Develc;:.ment Code generally allows for bars,
cocktail lounges and nightclubs as a permitted use in several of the city's commercial
districts and as an accessory to hotels containing 100 or more rooms (Chapter 47,
Article II, Fort Lauderdale Unified Land Development Code).
The code provides additional regulations regarding the sale of alcohol, including
distance separation requirements. It also requires that no establishment, except
nightclubs, allow, after 11:00 p.m., playing of instrumental music, singing or conduct
other forms of entertainment, in any room where beer, wine, liquor or alcoholic
beverages are sold or offered for sale, indoors or outdoors, unless such room or rooms
are soundproofed, (Chapter 5, Article II, Fort Lauderdale Code of Ordinances). The
code also allows for the establishment of special entertainment overlay Districts for
areas of two acres or larger under common control. The overlays include operational
criteria, but removes distance separation requirements and allows for music, singing and
other forms of entertainment whether amplified or not to be played indoors at any time
Page 1606 of 2557
Land Use and Development Committee
Discussion Page 2 of 3
that the business is open and for outdoor music until midnight on weekdays and 1 a.m.
on weekends (Chapter 5, Article III, Fort Lauderdale Code of Ordinances).
While there are some limitations in hours for entertainment in alcoholic beverage
establishment that aren't sound proofed, the City of Fort Lauderdale does not prohibit
entertainment in other types of establishments. However, noise is regulated by the city's
noise control ordinance (Chapter 17, Fort Lauderdale Code of Ordinances). The
ordinance establishes decibel levels by types of sounds, during different hours, and by
use. It also provides for greater decibel levels within a special entertainment district
overlay.
City of Coral Gables, Florida
The City of Coral of Coral Gables Zoning Code defines "Entertainment Use" as "a
commercial accessory use where entertainment, either passive or active, is provided for
the pleasure of the patrons of the principal use, including but not limited to vocal and
instrumental music, dancing, comedy, and theater, but not including an adult use."
Nightclubs are also defined as an accessory use to a restaurant. Since entertainment
use is an accessory to commercial uses, it is allowed in all districts where commercial
uses are permitted. The zoning code provides specific conditions for the playing of
music, including hours of operation and noise limitations subject to the city's general
noise ordinance; however, entertainment use is not prohibited in any area, but accessory
only to commercial uses.
Like other cities, Coral Gables regulates noise emanating from a property, and provides
decibel limits for different types of sound emanating from different districts, along with
hours in which sound can emanate (Chapter 34, Article VI, Coral Gables Code of
Ordinances). The playing of music is subject to these limitations found therein.
City of West Palm Beach, Florida
The City of West Palm Beach land development regulations do not define entertainment.
The regulations do allow for bars, lounges, and related entertainment, as a permitted
use in most commercial districts and with extra requirements in neighborhood
commercial and office commercial districts. The code provides for operating hours and
special requirements for such uses, along with modified hours for specific streets.
The code establishes requirements for the sale of alcoholic beverages and e,tablishes
separation requirements from other establishments and residential districts, hours of
operation, and other requirements, along with providing specific exemptions and
limitations for the downtown area, (Chapter 6, West Palm Beach Code of Ordinances).
The city has a noise control ordinance which establishes limits for sound citywide and
also provides for specific areas where higher levels of noise are permitted, which include
the city's downtown and entertainment areas (Chapter 34, Article II, West Palm Beach
Code of Ordinances).
City of Austin, Texas
The City of Austin Land Development Code establishes requirements for permitting
entertainment uses within the city (Title 25, Article 1, Land Development Code of
Austin). "Indoor entertainment' is a conditional use, permitted use, or not permitted
use depending on the zoning district. "Outdoor entertainment" is a conditional use or
not permitted depending on the zoning district. However, the code provides that live
Page 1607 of 2557
Land Use and Development Committee
Discussion Page 3 of 3
entertainment is permitted at restaurants and cocktail lounges if the amplified sound
does not exceed 70 decibels, measured at the property line of the licensed premises.
Additionally, the code provides additional regulations regarding noise and amplified
sound and establishes decibel limits for sound at the property line. (Chapter 9-2,
Code of Austin). For example, a business cannot operate equipment that produces
sound in excess of 85 decibels between 10:00 a.m. and 2:00 a.m. and audible at the
property line between 2:00 a.m. and 10:00 a.m. Any sound that exceeds the
prescribed decibel levels requires a permit to operate sound equipment audible to the
public. The ordinance also has separate requirements for "outdoor music permits"
and outdoor 'live music permits," which have different standards depending on the
specific neighborhood. Permits are issued administratively, however, they have
specific criteria which must be considered before they can be issued.
Page 1608 of 2557