Ordinance 2019-4317 2019-4317
Common Variances
Chapter 6 - Alcoholic Beverages
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING
CHAPTER 6, ENTITLED "ALCOHOLIC BEVERAGES,"
ARTICLE I, ENTITLED "IN GENERAL," AT SECTION 6-4,
ENTITLED "LOCATION AND USE RESTRICTIONS," TO
ESTABLISH CULTURAL SPECIALTY DISTRICTS, PROVIDE
THAT THERE SHALL BE NO DISTANCE SEPARATION
REQUIREMENTS IN SUCH DISTRICTS BETWEEN
ALCOHOLIC BEVERAGE ESTABLISHMENTS (ALSO
OPERATING AS RESTAURANTS WITH FULL KITCHENS) AND
EDUCATIONAL FACILITIES AND PLACES OF WORSHIP, AND
TO ESTABLISH OPERATING CONDITIONS; AND AT SECTION
6-6, ENTITLED "MINIMUM SEATS AND HOTEL ROOM
REQUIREMENTS," TO REDUCE THE NUMBER OF SEATS
REQUIRED FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety, and general welfare of its citizens; and
WHEREAS, the City has observed that a large number of variances from certain Code
sections are routinely sought in conjunction with land development applications; and
WHEREAS, the City has analyzed these variance applications, which are frequently
sought and granted; and
WHEREAS, the approved variances frequently contain similar conditions for the
protection of surrounding neighbors; and
WHEREAS, the granting of such variances has no negative impact on surrounding
areas; and
WHEREAS, the City has determined that amendments to the City Code are necessary
to reduce the frequency of such variance applications; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Chapter 6, entitled "Alcoholic Beverages," Article I, entitled "In General," is hereby
amended, as follows:
CHAPTER 6
ALCOHOLIC BEVERAGES
* * *
ARTICLE I. — IN GENERAL
* * *
Sec. 6-4. - Location and use restrictions.
(a) Generally. The following location and use restrictions are applicable for facilities selling or
offering alcohol beverages for consumption:
(1) Educational facilities. No alcohol beverage shall be sold or offered for consumption in
a commercial use within 300 feet of any property used as a public or private school
operated for the instruction of minors in the common branches of learning. Except for
uses in the civic and convention center (CCC) district, hospital (HD) district or within
300 feet of a marina.
(2) Places of worship. No alcohol beverage shall be sold or offered for consumption in an
alcoholic beverage establishment, including bottle clubs, within 300 feet of any
property used as a place of worship, except in restaurants operating with full kitchens
and serving full meals for consumption on the premises.
* * *
(11) Cultural specialty districts. Notwithstanding the foregoing, within the cultural specialty
districts identified in this subsection, the following regulations shall apply to alcoholic
beverage establishments also operating as restaurants with full kitchens:
i. The following areas shall be designated as cultural specialty districts:
a. Espanola Way & Washington Avenue Area. All parcels with a CD-2 or MXE
zoning designation located between Collins Avenue on the east, 13th Street
on the south, Pennsylvania Avenue on the west, and 15th Street on the north,
as depicted in the map below:
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b. 41' Street Corridor. All parcels with a CD-3 zoning designation that have a
property line abutting 41St Street, as depicted in the map below:
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c. North Beach Town Center. All parcels with a TC-C, TC-1, TC-2, TC-3, TC-
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U. Distance separation requirements from educational facilities and places of
worship set forth in this section 6-4 shall not apply to alcoholic beverage
establishments operating as a restaurant with a full kitchen.
iii. An alcoholic beverage establishment operating as a restaurant with a full kitchen
shall serve full meals during hours in which alcoholic beverages are sold.
iv. If the distance separation exemption is from an educational facility, during the
respective educational facility's school hours, alcohol shall only be served with
meals.
v. There shall be no package sales of alcoholic beverages.
vi. The applicant shall be responsible for maintaining the areas adjacent to the
facility, such as the sidewalk, in excellent and clean condition, free of all refuse,
at all times.
vii. A violation of this subsection (a)(11) shall be subject to the penalties and
enforcement provisions set forth in section 6-3(9).
Sec. 6-6. - Minimum seats and hotel room requirements.
Vendors shall be permitted to sell alcoholic beverages within zoning districts if such district
permits as a permitted main use or accessory use one of the following: Restaurant, bar,
alcoholic beverage establishment, outdoor cafe, private club, hall for hire or golf clubhouse
pursuant to the following standards:
(1) Permitted main uses:
(a) Restaurants, alcoholic beverage establishments, and private clubs shall be permitted to
sell alcoholic beverages for consumption on the premises based upon the following:
When beer and wine are served, a minimum of 30 10 seats shall be provided; and when
beer, wine and liquor are served, a minimum of 60 40 seats shall be provided.
(b) Outdoor cafes, when visible from or facing a public street and associated with (a) above,
shall have a minimum of 20 10 seats in order to be permitted to sell alcoholic beverages
for consumption of the premises.
(c) Outdoor cafes, when not visible from or on a public street, alley, or way, and associated
with(a) above, shall have no minimum seating requirement and shall be permitted to sell
alcoholic beverages only for consumption on the premises.
(d) Golf clubhouses located on a golf course shall be permitted to sell alcoholic beverages
only for consumption on the premises.
(2) Accessory uses. Hotels, apartment-hotels, or apartments, when permitted under Chapter
142, shall be permitted to have accessory uses on site, which sell alcoholic beverages
pursuant to the following minimum standards:
(a) Restaurants, alcoholic beverage establishments, and private clubs shall be permitted to
sell alcoholic beverages for consumption on the premises based upon the following:
When beer and wine are served, a minimum of 30 10 seats shall be provided; and when
beer, wine and liquor are served, a minimum of 40 20 seats shall be provided.
(b) Outdoor cafes when visible from a public street which have a minimum of 20 10 seats
are permitted to sell alcoholic beverages for consumption only on the premises.
(c) Outdoor cafes when not visible from a public street, alley or way, shall have no minimum
seating requirement and shall be permitted to sell alcoholic beverages only for
consumption on the premises.
(d) Gulf clubhouse: When located on a golf course, the sale of alcoholic beverages is
permitted only for consumption on the premises.
(e) Hotels, when requesting a "S" Class State License shall be required to demonstrate that
they comply with all applicable Florida Statutes.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, 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, as
amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
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 (10) days following� adoption.
PASSED and ADOPTED this go day of is o Ger
ATTEST:
Dan Gelber
O �) Mayor
Rafael E. Granado
City Clerk
First Reading: October 16, 2019
Second Reading: October 30, 2019
(Sponsored by: Commissioner John Elizabeth Aleman)
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Ordinances - R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 30, 2019
5:09 p.m. Second Reading Public Hearing
SUBJECT: COMMON VARIANCE REQUESTS - CHAPTER 6 ALCOHOL
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 6, ENTITLED "ALCOHOLIC
BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," AT SECTION 6-4,
ENTITLED "LOCATION AND USE RESTRICTIONS," TO ESTABLISH
CULTURAL SPECIALTY DISTRICTS, PROVIDE THAT THERE SHALL BE
NO DISTANCE SEPARATION REQUIREMENTS IN SUCH DISTRICTS
BETWEEN ALCOHOLIC BEVERAGE ESTABLISHMENTS (ALSO
OPERATING AS RESTAURANTS WITH FULL KITCHENS) AND
EDUCATIONAL FACILITIES AND PLACES OF WORSHIP, AND TO
ESTABLISH OPERATING CONDITIONS; AND AT SECTION 6-6, ENTITLED
"MINIMUM SEATS AND HOTEL ROOM REQUIREMENTS," TO REDUCE
THE NUMBER OF SEATS REQUIRED FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
The administration recommends that the City Commission adopt the subject ordinance.
ANALYSIS
HISTORY
On January 16, 2019, at the request of Commissioner John Elizabeth Aleman, the City Commission
referred the discussion item to the Land Use and Development Committee (Item R9 T — 2.b). On
April 3, 2019, the Land Use and Development Committee (LUDC) discussed the item and
recommended that a comprehensive ordinance be drafted by the administration, pursuant to the
recommendations in the LUDC report, in an effort to streamline the code and development
processes, and that the City Commission refer the proposed amendments to the Land Development
Regulations (LDRs)to the Planning Board.
On May 8, 2019, the City Commission referred the related LDR amendments to the Planning Board
(item C4 Q).
PLANNING ANALYSIS
Page 361 of 849
This ordinance is a companion to three other items on the City Commission agenda related to
common variances for "allowable encroachments," "signage," "rooftop additions, setbacks (including
mixed-use), and room sizes." Per Section 118-353 (d) of the land development regulations of the city
code, in order to authorize any variance from the terms of the land development regulations, the
applicable land use board must determine that there are "special conditions and circumstances exist
which are peculiar to the land, structure, or building involved and which are not applicable to other
lands, structures, or buildings in the same zoning district." There are certain variances which are
regularly requested and granted by the board of adjustment, design review board, and historic
preservation board. Rather than being the exception to the rule, variance requests accompany most
development proposals that are presented before the aforementioned boards. Several of the
requests are quite common and usually granted by the applicable board.
The proposed amendment pertains to alcoholic beverage regulations, which are located in chapter 6
of the City Code of ordinances. Specifically, the following common variances are addressed in the
proposed ordinance:
1. Variance to reduce the distance separation requirements from alcoholic beverage
establishment to a school and places of worship. This is regulated by section 6-4 of the City
Code. A minimum distance separation of 300 feet is necessary between alcoholic beverage
establishments and schools. These variances are almost always granted with conditions, such as
requiring that the establishment be a restaurant only, or with limited hours. There are certain
commercial districts in the City that either abut or are in very close proximity to a school and/or house
of worship. This proximity creates the need for numerous establishments to request such a variance.
The proposed ordinance establishes cultural specialty districts in the City that remove minimum
distance separation requirements from educational facilities and places of worship in very specific
areas, where restaurant uses are desired. The specialty districts incorporate regulations that are
typically imposed as conditions by the board of adjustment. This includes a requirement for a full
kitchen and for full meals to be served during hours in which alcohol is served. The following areas
are included in the ordinance:
• Espanola Way/Washington Avenue area around Fienberg/Fisher Elementary— Espanola
Way and Washington Avenue are corridors where the City has encouraged restaurant uses.
As a result, such requests for variances are especially common for businesses on these
corridors due to the proximity to Fienberg/Fisher Elementary.
• 41St Street Corridor — This is an area that the City is seeking to revitalize. One major
component to revitalization is restaurant uses. As a result of the high number of religious
institutions along 40th Street and proximity to North Beach Elementary School and Nautilus
Middle School, requests for such variances would be necessary without the proposed
specialty district.
• North Beach Town Center— This is another area that the City is seeking to encourage
redevelopment. The western portions of the Town Center are in proximity to religious
institutions. As a result, requests for such variances would be necessary in the western
portions of the Town Center without the proposed specialty district.
2. Variance to waive the minimum number of required seats for restaurants to sell beer and
Page 362 of 849
wine (30 seats), full alcohol service (60 seats), or outdoor cafes (20 seats). This is regulated
by section 6-6 (2) of the City Code. The minimum number of seats does not include those seats
located on a sidewalk. If the requested variances were not granted, this requirement would preclude
small and intimate venues from obtaining alcoholic beverage licenses, as well as prevent the
adaptable reuse of many historic buildings that have small retail bays. As such, variances for the
minimum seat requirements are frequently granted by the board of adjustment in commercial
districts.
The proposed ordinance reduces the minimum seat requirement for restaurants to serve beer and
wine to 10 seats; to serve full liquor to 40 seats; and for associated outdoor cafes to 10 seats.
SUMMARY
The subject ordinance would amend chapter 6 of the City Code and is not an amendment to the
Land Development Regulations (LDR's). Pursuant to the request of the LU DC, the administration
presented the 41st street portion of the legislation to the Mayors 41st Street Blue Ribbon Committee,
for input and feedback.
At its meeting on June 21, 2019, the Mayor's 41st Street Blue Ribbon Committee reviewed the
proposal and passed the following motion:
"to support a waiver of the alcohol restriction as it relates to the distance separation requirement for
the 41st street district establishing that alcohol sales for such places of business can't begin to sell
until after 5 pm in and around the 41st Street District."
Should the City Commission wish to incorporate this recommendation into the proposed ordinance,
the following change (double-underline) can be incorporated into the ordinance prior to second
reading:
Sec. 6-4. - Location and use restrictions.
1. Cultural specialty districts. Notwithstanding the foregoing, within the cultural specialty districts
identified in this subsection, the following shall apply to alcoholic beverage establishments also
operating as restaurants with full kitchens:
* * *
i. Regulations for specific cultural specialty districts.
a. Within the "415-t Street Corridor"specialty district the following shall apply:
i. Applicable alcoholic beverage establishments within 300 feet of an educational
facility or religious institution shall not commence alcoholic beverage sales until
5 pm.
UPDATE
Page 363 of 849
The subject ordinance was approved at first reading on October 16, 2019, with no changes. The
City Commission discussed the proposed amendment recommended by the Mayor's 41st Street Blue
Ribbon Committee, which would require that establishments within the 41st Street corridor within 300
feet of a school or religious institution not serve alcoholic beverage sales until after 5:00 p.m.
The City Commission determined that having the flexibility to sell alcoholic beverages in restaurants
before 5:00 p.m. (e.g. at lunch time) would be beneficial to the 41st Street area. The administration
agrees with this approach and would recommend that the ordinance be adopted as approved at first
reading.
CONCLUSION
The administration recommends that the City Commission adopt the subject 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
❑ Form Approved ORD
Page 364 of 849