Ordinance 2020-4338 SUNSET HARBOUR
ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS
ORDINANCE NO., 2020-4338
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
142, "ZONING DISTRICTS AND,REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS," (1) AT DIVISION 5, "CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 142-
310, "SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS"; AND (2) AT DIVISION 11, "I-1 LIGHT
INDUSTRIAL DISTRICT," SECTION 142-488, "SPECIAL
REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS," TO ELIMINATE EXISTING EXCEPTIONS
TO THE 2:00 A.M. CLOSING TIME FOR ALCOHOLIC
BEVERAGE ESTABLISHMENTS IN THE SUNSET HARBOUR
NEIGHBORHOOD, WHICH IS GENERALLY BOUNDED BY
PURDY AVENUE, 20TH STREET, ALTON ROAD, AND DADE
BOULEVARD; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Sunset Harbour neighborhood is composed of a mixture of residential,
light industrial, and low intensity personal service, restaurant, and retail uses, which primarily
serve neighborhood residents; and
WHEREAS, alcoholic beverage establishments in Miami Beach have historically been
concentrated in the commercial and mixed-use entertainment districts along Washington Avenue,
Collins Avenue, and Ocean Drive; and
WHEREAS, residential uses in the Sunset Harbour neighborhood are divided only by the
width of a street from the CD-2 commercial, medium intensity and the I-1 light industrial zoning
districts; and
WHEREAS, the City Code permits certain uses within the CD-2 and I-1 zoning districts,
which, absent mitigation, could be incompatible with adjacent residential uses in the Sunset
Harbour neighborhood; and
WHEREAS, large restaurants, stand-alone bars, outdoor food and beverage service,
entertainment establishments, and dance halls can, if not regulated, be incompatible with the
scale, character, and quality of life of adjacent residential neighborhoods; and
WHEREAS, the Mayor and City Commission desire to encourage uses that are
compatible with the scale and character of the neighborhood; and
WHEREAS, pursuant to Section 562.14, Florida Statutes, a municipality may, by
ordinance, establish hours of sale for alcoholic beverages; and
WHEREAS, on October 19, 2016, the City adopted Ordinance No. 2016-4046, which
limited the hours of operation of alcoholic beverage establishments in Sunset Harbour, with
certain exceptions, to 2:00 a.m.; and
WHEREAS, the Mayor and City Commission now desire to eliminate any exceptions to
the 2:00 a.m. closing time set forth in the City Code; and
WHEREAS, in State ex rel. Floyd v. Noel (Fla. 1936), the Florida Supreme Court
recognized that "[i]t is so well settled that no citation of authority is required to support the
statement that a municipality exercising the powers inherent in municipal corporations may
reasonably regulate the sale of intoxicating liquors and in providing such reasonable regulations
may prohibit the sale of such liquors within certain hours, and also may prohibit the sale of liquors
within certain zones"; and
WHEREAS, in Makos v. Prince (Fla. 1953), the Florida Supreme Court recognized that a
county may establish separate zones for the hours of sale of alcoholic beverages, and that the
regulation of hours need not be uniform throughout the county as a whole; and
WHEREAS, Florida courts have consistently held that alcoholic beverage establishments
are not entitled to grandfather status as to hours of sale for alcoholic beverages (See Village of
North Palm Beach v. S & H Foster's, Inc. (Fla. 4th DCA 2012); Other Place of Miami, Inc. v. City
of Hialeah Gardens(Fla. 3d DCA 1978)); and
WHEREAS, the Resilient Land Use and Development Element of the City's 2040
Comprehensive Plan (hereinafter "Plan"), at Objective RLU 1.3, specifies that the City's land
development regulations will be used to address the location, type, size and intensity of land uses
and to ensure adequate land use compatibility between residential and non-residential land uses;
and
WHEREAS, Policy RLU 1.3.1 of the Plan provides that the land development regulations
shall continue to address the location and extent of non-residential land uses in accordance with
the Future Land Use map and the policies and descriptions of types, sizes and intensities of land
uses contained in the Resilient Land Use and Development Element; and
WHEREAS, Policy RLU 1.3.2 of the Plan provides that development in land use
categories which permit both residential and non-residential uses shall be regulated by formalized
land development regulations which are designed to ensure adequate land use compatibility; and
WHEREAS, in determining incompatibility, consideration shall be given to noise, lighting,
shadows, access, traffic, parking, height, bulk, landscaping, hours of operation, buffering and any
other criteria that may be important to ensure that necessary safeguards are provided for the
protection of surrounding property, persons, and neighborhood values; and
WHEREAS, based upon neighborhood compatibility concerns and the negative impacts
associated with existing alcoholic beverage establishments, the Mayor and City Commission now
desire to eliminate any exceptions to the 2:00 a.m. closing time set forth in the City Code; and
WHEREAS, in accordance with Objective RLU 1.3 of the Plan, is it is desirable to
encourage uses in commercial districts that are properly balanced and compatible with the scale,
character and context of adjacent residential neighborhoods; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
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NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 5, "CD-2 Commercial, Medium Intensity District,"at Section 142-310, "Special regulations
for alcohol beverage establishments," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
*
ARTICLE II. — DISTRICT REGULATIONS
* * *
DIVISION 5. - CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
* * *
Sec. 142-310. Special regulations for alcohol beverage establishments.
* * *
(b) Sunset Harbour neighborhood. The following additional requirements shall apply to
alcoholic beverage establishments, whether as a main use, conditional use, or accessory
use, that are located in the Sunset Harbour neighborhood, which is generally bounded by
Purdy Avenue to the west, 20th Street and the waterway to the north, Alton Road to the
east, and Dade Boulevard to the south.
(1) Operations shall cease no later than 2:00 a.m., except that outdoor operations
(including sidewalk cafe operations) shall cease no later than 12:00 a.m.
(2) Alcoholic beverage establishments may not operate any outside dining areas or
accessory bar counters above the ground floor of the building in which they are
located; however, outdoor restaurant seating, associated with indoor venues, not
exceeding 40 seats, may be permitted above the ground floor until 8:00 p.m.
Notwithstandin• the fore•oin• the •rovisions of this subsection b 2 shall not a••I
to an valid •re-existin• •ermitted use with a valid business tax recei•t BTR for an
alcoholic beverage establishment that was issued prior to August 23. 2016, or to a
proposed establishment that has submitted a completed application for an alcoholic
beverage establishment to a land use board prior to August 23. 2016. or to an
establishment that has obtained approval for an alcoholic beverage establishment
from a land use board, and which land use board order is active and has not expired.
prior to August 23. 2016.
(3) Except as may be required by any applicable fire prevention code or building code,
outdoor speakers shall not be permitted. Notwithstanding the foregoing the provisions
of this subsection (b)(3) shall not apply to any valid, pre-existing permitted use with a
valid business tax receipt (BTR) for an alcoholic beverage establishment that was
issued prior to August 23. 2016. or to a proposed establishment that has submitted a
completed application for an alcoholic beverage establishment to a land use board
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prior to August 23. 2016. or to an establishment that has obtained approval for an
alcoholic beverage establishment from a land use board, and which land use board
order is active and has not expired. prior to August 23. 2016.
(4) Special events shall not be permitted in any alcoholic beverage establishment.
(5) - -- - e - - - ee - - e, e -e _ - -
business tax receipt (BTR) for an alcoholic beverage establishment that was issued
prior to August 23, 2016, or to a proposed establishment that has submitted a
- ---
alcoholic beverage establishment from a land use board, and which land use board
order is active and has not expired, prior to August 23, 2016. Any increase to the
approved hours of operation shall meet the requirements of this section.
* *
SECTION 2. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 11, "I-1 Light Industrial District," at Section 142-488, "Special regulations for alcohol
beverage establishments." is hereby amended as follows:
DIVISION 11. — 1-1 LIGHT INDUSTRIAL DISTRICT
* * *
Sec. 142-488. Special regulations for alcohol beverage establishments.
(a) Sunset Harbour neighborhood. The following additional requirements shall apply to
alcoholic beverage establishments, whether as a main use, conditional use, or accessory
use, that are located in the Sunset Harbour neighborhood, which is generally bounded by
Purdy Avenue to the west, 20th Street and the waterway to the north, Alton Road to the
east, and Dade Boulevard to the south.
(1) Operations shall cease no later than 2:00 a.m., except that outdoor operations
(including sidewalk cafe operations) shall cease no later than 12:00 a.m.
(2) Alcoholic beverage establishments may not operate any outside dining areas or
accessory bar counters above the ground floor of the building in which they are
located; however, outdoor restaurant seating, associated with indoor venues, not
exceeding 40 seats, may be permitted above the ground floor until 8:00 p.m.
Notwithstandin. the fore._oin• the .rovisions of this subsection a 2 shall not a•.l
to any valid. pre-existing permitted use with a valid business tax receipt (BTR) for an
alcoholic beverage establishment that was issued prior to August 23. 2016. or to a
proposed establishment that has submitted a completed application for an alcoholic
beverage establishment to a land use board prior to August 23, 2016. or to an
establishment that has obtained approval for an alcoholic beverage establishment
from a land use board. and which land use board order is active and has not expired.
prior to August 23. 2016.
(3) Except as may be required by any applicable fire prevention code or building code,
outdoor speakers shall not be permitted. Notwithstanding the foregoing,the provisions
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of this subsection (a)(3) shall not apply to any valid. pre-existing permitted use with a
valid business tax receipt (BTR) for an alcoholic beverage establishment that was
issued prior to August 23. 2016. or to a proposed establishment that has submitted a
completed application for an alcoholic beverage establishment to a land use board
prior to August 23. 2016. or to an establishment that has obtained approval for an
alcoholic beverage establishment from a land use board. and which land use board
order is active and has not expired, prior to August 23, 2016.
(4) Special events shall not be permitted in any alcoholic beverage establishment.
business tax receipt (BTR) for an alcoholic beverage establishment that was issued
prior to August 23, 2016, or to a proposed establishment that has submitted a
- ee -
_ _ ._
approved hours of operation shall meet the requirements of this section.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. 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 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this a day of PI4 , 2020.
Attest:
Dan Gelber
) si
Mayor
0..ttsaRafael E. Granado t g.
City Clerk :
5 of 6 IHCORP OWED'
q�cH 2�.�-=
(Sponsored by Commissioner Mark Samuelian and
Co-sponsored by Commissioner Ricky Arriola)
denotes deletions
Double underline denotes additions made after First Reading
First Reading: February 12, 2020
Second Reading: March 18, 020
Verified By:
Thomas R. Mooney,VA P
Planning Director
T:\Agenda\2020\03 March\Planning\Sunset Harbour Alcohol Regs-Second Reading ORD OPTION 2.docx
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
c:20.4-10
City Attorney Date
Nuc.
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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: May 13, 2020
9:25 a.m. Second Reading Public Hearing
SUBJECT: SUNSET HARBOUR ALCOHOLIC BEVERAGE ESTABLISHMENT
REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," (1) AT DIVISION 5, "CD-2 COMMERCIAL, MEDIUM
INTENSITY DISTRICT," SECTION 142-310, "SPECIAL REGULATIONS
FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS"; AND (2)AT DIVISION
11, "I-1 LIGHT INDUSTRIAL DISTRICT," SECTION 142-488, "SPECIAL
REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS," TO
ELIMINATE EXISTING EXCEPTIONS TO THE 2:00 A.M. CLOSING TIME
FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE SUNSET
HARBOUR NEIGHBORHOOD, WHICH IS GENERALLY BOUNDED BY
PURDYAVENUE, 20TH STREET, ALTON ROAD, AND DADE BOULEVARD;
AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On December 11, 2019, at the request of Commissioner Mark Samuelian and Co-Sponsored by
Commissioner Ricky Arriola, the City Commission referred the item to the Planning Board for review
and recommendation (item C4 J).
ANALYSIS
PLANNING ANALYSIS
Miami Beach's nightlife areas have historically been concentrated in the commercial and mixed-use
entertainment districts along Washington Avenue, Collins Avenue, and Ocean Drive. In contrast, the
Sunset Harbour neighborhood is composed of a rrixture of residential, light industrial, and low
intensity personal service, restaurant, and retail uses, which primarily serve neighborhood residents.
Within this neighborhood, residential uses are divided only by the width of a street from comrnercial
and industrial districts.
Page 628 of 865
The City Code permits certain nightlife uses within the CD-2 and I-1 zoning districts, which, absent
mitigation and appropriate regulation, could be incompatible with adjacent residential uses in the
Sunset Harbour neighborhood. Specifically, this includes large restaurants, stand-alone bars,
outdoor food and beverage service, entertainment establishments, and dance halls.
In order to limit the potential impacts on residential uses, on October 19, 2016, the City adopted
Ordinance No. 2016-4046, which limited the hours of operation of alcoholic beverage establishments
in Sunset Harbour, with certain exceptions, to 2:00 a.m. Previously, establishments were permitted
to remain open until 5:00 a.m. The exceptions included establishments that had existed or obtained
land use board approval prior to August 23, 2016.
Due to negative impacts that have continued to occur from pre-existing alcoholic beverage
establishments, it is now recommended that the exemption be removed so that all alcoholic beverage
establishments would be required to close by 2:00 a.m. Florida law grants municipalities broad
authority to regulate the sale of alcoholic beverages. In the exercise of that authority, municipalities
may prohibit the sale of alcohol within certain hours and/or within certain zoning districts. Specifically,
Section 562.14, Florida Statutes, authorizes municipalities, by ordinance, to establish hours of sale
for alcoholic beverages.
Florida courts have consistently held that alcoholic beverage establishments are not entitled to
'grandfather" status as to hours of sale for alcoholic beverages.[1] Accordingly, the City has the
authority to adopt the proposed legislation.
PLANNING BOARD REVIEW
On January 28, 2020, the Planning Board held a public hearing and transmitted the ordinance to the
City Commission with a favorable recommendation by a vote of 7-0.
UPDATE
On February 12, 2020 the City Commission approved the subject ordinance at first reading with no
changes. Additionally, pursuant to section 118-162(c) of the Land Development Regulations of the
City Code, the City Commission waived the application fees. The item was deferred at the March 18,
2020 and April 22, 2020 City Commission meetings.
0 I See Village of North Palm Beach v. S &H Foster's, Inc. (Fla. 4th DCA 2012); Other Place
of Miami, Inc. v. City of Hialeah Gardens (Fla. 3d DCA 1978).
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
South Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Page 629 of 865
Planning
Sponsor
Commissioner Samuelian & Commissioner Arriola, & Co-sponsored by Commissioner
Gongora& Mayor Gelber
ATTACHMENTS:
Description
Ordinance
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