Ordinance 2021-4413 ORDINANCE NO. 2021-4413
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I,
ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF
SALE/VIOLATIONS," TO AMEND THE HOURS OF SALE FOR ALCOHOLIC
BEVERAGES BY ALCOHOLIC BEVERAGE ESTABLISHMENTS IN SPECIFIED
AREAS OF THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") regulates the location, size, hours of
operation, and minimum patron age for uses that permit the sale and consumption of alcoholic
beverages in Chapter 6 of the City Code, entitled "Alcoholic Beverages"; and
WHEREAS, the sale and consumption of alcoholic beverages during the early morning
hours can disturb the quiet enjoyment of the community, cause undesirable noise, and result in
increased calls for service to the Police and Fire Departments; and
WHEREAS, accordingly, the Mayor and City Commission have determined that it is in the
best interest of the City, and it serves the health, safety, and welfare of the City's residents and
visitors to restrict the hours of sale of alcoholic beverages for on-premises consumption in the
MXE mixed use entertainment district south of 16th Street; and
WHEREAS, State law expressly grants the City the authority, by Ordinance, to establish
hours of sale for alcoholic beverages (see Section 562.14, Florida Statutes); and
WHEREAS, the Florida Supreme Court has upheld Section 562.14, Florida Statutes,
finding that the Statute is constitutional and enforceable, and a lawful delegation of the power of
the Florida Legislature (see Wednesday Night, Inc. v. City of Fort Lauderdale, 272 So. 2d 502
(Fla. 1973)); and
WHEREAS, the Florida Supreme Court has also recognized that, "[t]here is no question
that Section 562.14, Florida Statutes permits a municipality to reasonably regulate the hours of
sale of alcoholic beverages, and the legislative body of a municipality has a full measure of proper
legislative discretion in the enactment of such regulatory ordinances." Pompano Beach v. Big
Daddy's, Inc., 375 So. 2d 281, 282 (Fla. 1979) (citing Other Place of Miami v. City of Hialeah
Gardens, 353 So. 2d 861, 863(Fla. 3d DCA 1977), cert. denied, 364 So. 2d 889 (Fla. 1978)); 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, the Florida Attorney General has opined that a municipality may regulate (1)
the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3) the
sanitary conditions under which alcoholic beverages may be dispensed or served to the public.
Florida AGO 059-73 (1959); and
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WHEREAS, alcoholic beverage establishments are not entitled to grandfather status as
to hours of sale for alcoholic beverages, and zoning case law does not apply(See Village of North
Palm Beach v. S & H Foster's, Inc., 80 So. 3d 433 (Fla. 4th DCA 2012); Other Place of Miami,
Inc. v. City of Hialeah Gardens(Fla. 3d DCA 1978)); and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 6-3, entitled "Hours of Sale,"of Article I, of Chapter 6 of the City Code
of the City of Miami Beach is hereby amended as follows:
CHAPTER 6
ALCOHOLIC BEVERAGES
ARTICLE I. In General
Sec. 6-3. Hours of sale/violations.
(a) The hours of sale of alcoholic beverages, whether as a permitted main or accessory use,
shall require a state license, and shall be according to the following schedule:
* * *
(3) Alcoholic beverage establishments. All alcoholic beverage establishments with licensed
by the state lic a-for on-premises consumption only, may only make sales of alcohol
between the hours of 8:00 a.m. and 5:00 a.m., except as provided below:
A. Restaurants not operating as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments, but not operating as dance halls or entertainment
establishments, may remain open 24 hours a day; however, alcoholic beverages
may not be offered for sale or on-premises consumption between the hours of 5:00
a.m. and 8:00 a.m.
B. Restaurants also operating as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments, and also operating as dance halls, or entertainment
establishments, may remain open 24 hours a day; however, alcoholic beverages
may not be offered for sale or on-premises consumption between the hours of 5:00
a.m. and 8:00 a.m., and dancing and entertainment shall not be conducted between
the hours of 5:00 a.m. and 8:00 a.m.
C. Other alcoholic beverage establishments. Other alcoholic beverage establishments,
not containing restaurants with full kitchen facilities, shall close at 5:00 a.m. and
remain closed. No patron or other persons, other than those employed by the vendor
may remain on the premises between the hours of 5:00 a.m. and 8:00 a.m.
D. Sidewalk cafes. Notwithstanding the provisions of subsections )(3)A. through C.,
alcoholic beverages shall not be offered for sale or consumption at sidewalk cafes,
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as defined in section 82-366 of this Code and as otherwise permitted by the city in
accordance with chapter 82, article IV, division 5, subdivision II of this Code(as may
be amended from time to time), between the hours of 1:30 a.m. and 8:00 a.m., and
shall not be consumed at sidewalk cafes between the hours of 2:00 a.m. and 8:00
a.m. No variances may be granted from the provisions of this subsection 6-3j(3)(d)
as to the hours of sale or consumption of alcoholic beverages at sidewalk cafes.
E. MXE district south of 16th Street. Notwithstanding the provisions of this subsection
(a)(3), alcoholic beverage establishments located in the MXE mixed use
entertainment district south of 16th Street may only offer alcoholic beverages for
sale or on-premises consumption between the hours of 8:00 a.m. and 2:00 a.m.
Note: For purposes of this section, full kitchen facilities shall mean having commercial grade
burners, ovens, and refrigeration units of sufficient size and quantity to accommodate the
occupancy content of the establishment. Full kitchen facilities must contain grease trap
interceptors, and meet all applicable city, county, and state codes.
(5) Private clubs. Consideration of a request for a private club conditional use permit,
including the hours of operation, shall be pursuant to the conditional use procedures and
review guidelines as listed in section 118-191, et seq.A private club, either as a permitted
main or accessory use, shall only offer alcoholic beverages for sale or on-premises
consumption if the private club, in accordance with subsection 6-2(a), secures a license
for the distribution or sale of any alcoholic beverages from the division of alcoholic
beverages and tobacco of the department of business and professional regulation of the
state. Private clubs licensed as alcoholic beverage establishments, either as permitted
main or accessory uses, shall; only offer alcoholic beverages for sale or on-premises
consumption between the hours of 8:00 a.m. and 5:00 a.m., on any day of the week,
provided that service is made only to members and guests of members pursuant to
Florida Statutes. However, any private club permitted to remain open after 2:00 a.m.
shall purchase an extra-hours license and must provide for security in its premises by
hiring private security guards or off-duty police officers between the hours of 2:00 a.m.
and 5:00 a.m. each day.
Private clubs securing a license from the state division of alcoholic beverages and
tobacco by complying with the requirements of F.S. § 561.20 for racquetball, tennis, or
golf course facilities may admit members at any time for use of such facilities, but may
not serve alcoholic beverages after 2:00 a.m. each day unless such private club is the
holder of an extra-hours license and complies with the above requirements.
A. Notwithstanding the foregoing, private clubs located in the MXE mixed use
entertainment district south of 16th Street may only offer alcoholic beverages for
sale or on-premises consumption between the hours of 8:00 a.m. and 2:00 a.m.
(6) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to
remain open to serve alcoholic beverages for on-premises consumption until 5:00 a.m.,.
and alcoholic beverage establishments located in the MXE mixed use entertainment
district south of 16th Street that are permitted to serve alcoholic beverages for on-
premises consumption until 2:00 a.m. may continue to serve alcoholic beverages for on-
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premises consumption and, if the alcoholic beverage establishment is located on Ocean
Drive between 5th Street and 15th Street, for consumption at the establishment's
sidewalk cafe (i) until 7:00 a.m. on January 1 (New Year's Day) or, if January 1 is on a
Sunday, until 7:00 a.m. on Monday if the day that is observed as a national holiday for
New Year's Day is on Monday, and (ii) until 7:00 a.m. during certain major event days or
weekends as may be designated by the city commission or as may be designated by the
city manager following approval by the city commission, under the following conditions:
A. The police department and the code compliance department of the city must be
notified by a letter, received no later than 15 business days prior to either: 1. January
1, or 2. the day on which alcohol sales are to be extended, stating that the alcoholic
beverage establishment intends to serve alcoholic beverages for on-premises
consumption and, if the alcoholic beverage establishment is located on Ocean Drive
between 5th Street and 15th Street,for consumption at the establishment's sidewalk
cafe until 7:00 a.m.;
B. If deemed reasonably necessary by the police chief, or the police chief's designee,
off-duty police officers must be provided at the alcoholic beverage establishment
until 7:00 a.m.;
C. There are no pending city Code violations against the alcoholic beverage
establishment and the alcoholic beverage establishment has not had more than one
adjudicated city Code violation per year within the prior 24 months notwithstanding
the foregoing, the conditions in this subsection (6)C. may be waived by a four-
sevenths vote of the city commission;
D. No delinquent or past due monies are owed to the city;
E. Outdoor entertainment or open-air entertainment is not allowed;
F. No violation of the city's noise ordinance shall be permitted;
G. No violation of the approved fire code occupancy load shall be permitted;
H. All required city permits and licenses are current;
I. The state license is current; and
J. The alcoholic beverage establishment has been in continuous operation for the prior
24 months in the city, is licensed as an alcoholic beverage establishment set forth
in subsections (3) and (5), and Q) is permitted to serve alcoholic beverages for on-
premises consumption until 5:00 a.m., or (ii) is located in the MXE mixed use
entertainment district south of 16th Street and permitted to serve alcoholic
beverages for on-premises consumption until 2:00 a.m.
K. Any other conditions required by the city manager in order to protect the public
health, safety, or welfare.
(7) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until 5:00 a.m.
may continue to serve alcoholic beverages until 6:00 a.m. on the first day of daylight
savings time in the spring.
(8) Enhanced security requirement for alcoholic beverage establishments. Each
alcoholic beverage establishment located on Ocean Drive, between 5th Street and 15th
Street, possessing a license to sell and/or serve alcoholic beverages until 5 a.m. 2:00 a.m.
("Alcohol License"), and selling and/or serving alcoholic beverages later than 12:00 a.m.,
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for on- premises consumption only, shall retain the services of an off-duty police officer,
from 12:00 a.m. until 30 minutes past the closing of the alcoholic beverage establishment
for: (i) all Saturdays and Sundays; and (ii) during holiday weekends or City-sponsored
events, on Saturday, Sunday, and Monday.
A. An alcoholic beverage establishment shall be exempt from the requirement
identified in this subsection (8) if:
All bars, and other areas from which alcoholic beverages are dispensed,
are located, in their entirety, within the enclosed premises of a hotel, and
such hotel and alcoholic beverage establishment are both owned by the
same individual or entity; or
ii. All bars, and other areas from which alcoholic beverages are dispensed,
are located, in their entirety,within the enclosed premises of a(i)restaurant
with full kitchen facilities, and (ii) such restaurant serves full meals at all
times, and (iii) such alcoholic beverage establishment closes and ceases
all of its business operations by 2:00 a.m.
B. Two immediately abutting and adjacent alcoholic beverage establishments may
satisfy the requirement set forth in this subsection (8) by sharing the services of
one off-duty police officer, from 12:00 a.m. until 30 minutes past the closing of both
such alcoholic beverage establishments, for those days in which alcoholic
beverages are sold or served later than 12:00 a.m. at such establishments.
C. It shall be an affirmative defense to a violation issued pursuant to subsection (8)
herein, if an alcoholic beverage establishment demonstrates that, solely due to the
unavailability of any qualified police officer, such alcoholic beverage establishment
was unable to retain the services of an off-duty police officer.
D. The Police Chief, or designee, shall present, on a quarterly basis for the first year
subsequent to the enactment of subsection (a)(8), pertinent statistical and crime
data information regarding the implementation and efficacy of this subsection
(a)(8) in order to permit the mayor and city commission to review and evaluate the
continued viability of these enhanced security requirements, and to explore any
expansion of the geographic area identified therein.
(9) The city manager may suspend the provisions of subsection (6) at any time to
protect the public health, safety, or welfare.
•..
on March 19, 2020.
{-1-14 Penalties and enforcement.
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SECTION 2. 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 Code
of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or re-
lettered to accomplish such intention, and, the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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, SUNSET, AND AUTOMATIC REPEALER.
The amendments to City Code Sections 6-3(a)(3)(E), (a)(5)(A), (a)(6), and (a)(8)set forth
in this Ordinance shall take effect on May 22, 2021, and shall automatically sunset and be deemed
repealed on December 8, 2021. �i
PASSED AND ADOPTED this /2 day of /" , 2021.
ATTEST:
Dan Gelber, Mayor
Rafae . Granado ity Clerk
APPROVED AS TO FORM AND
First Reading: April 21, 2021 LANGUAGE AND FOR EXECUTION
Second Reading: May 12, 2021
City Attorney Date
(Sponsored by Mayor Dan Gelber)
UIU;CORP ORATED.
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Ordinances - R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 12, 2021
10:25 a.m. Second Reading Public Hearing
SUBJECT:CHAPTER 6-ALCOHOL HOURS OF SALE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC BEVERAGES,"
ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF,
ENTITLED "HOURS OF SALENIOLATIONS," TO AMEND THE HOURS OF
SALE FOR ALCOHOLIC BEVERAGES BY ALCOHOLIC BEVERAGE
ESTABLISHMENTS IN SPECIFIED AREAS OF THE CITY; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
At the request of Mayor Dan Gelber, the attached Ordinance has been proposed regarding the
hours of sale of alcoholic beverages for on-premises consumption in the MXE district south of
16th Street.
ANALYSIS
ANALYSIS
The attached Ordinance amends City Code Section 6-3, entitled "Hours of sale/violations," to
modify the hours for the sale and on-premises consumption of alcoholic beverages in the MXE
district south of 16th Street. As to the subject area, the Ordinance changes the termination time
for the sale and on-premises consumption from 5:00 a.m.to 2:00 a.m. each night.
Section 562.14, Florida Statutes, expressly permits the City to establish hours of sale for
alcoholic beverages by ordinance. Florida courts have consistently held that alcoholic beverage
establishments are not entitled to "grandfather' status as to hours of sale for alcoholic
beverages. Accordingly, the City has the authority to adopt legislation that "rolls back" the
closing time for alcohol sales at existing alcoholic beverage establishments.
Attached is a list of establishments that are located in the MXE district and permitted to serve
alcoholic beverages for on-premises consumption until 5:00 a.m. The list includes 44 existing
Page 342 of 859
establishments, located primarily on Collins Avenue and Ocean Drive. If the attached Ordinance
is adopted by the City Commission, these establishments would be required to comply with the
new 2:00 a.m.termination time.
The City's legal position is that there are no "vested rights" with regard to an operator's
entitlement to hours of sale for alcoholic beverages. Notwithstanding the City's position, which
our Legal Department is confident is defensible, the City has been placed on notice that the
attached Ordinance, if adopted, may be subject to challenge by certain alcoholic beverage
establishments located within the district. These establishments allege that certain development
approvals (including, but not limited to, conditional use permits) may entitle them to certain rights
relating to their business operations.
The original intent of the MXE district regulations was to foster the renovation, restoration and
preservation of the historic buildings in the district. Café, entertainment, restaurant, and retail
uses were required to be accessory to hotel or residential uses. The widening of the sidewalk
provided an opportunity for sidewalk seating to engage and interact with seating on private
property and become a mechanism for people-watching and experiencing the architecture of
the district, as well as the natural environment across the street in Lummus Park.
Over the past decade, the MXE district has experienced increasing challenges associated with
alcoholic beverage and entertainment uses, all of which were intended to be subordinate to the
main use of residential or hotel properties in the district. The sale and consumption of alcoholic
beverages late at night or early in the morning has disturbed neighboring residents, caused
undesirable noise, and placed significant demands on the City's Police, Fire, and Code
Compliance Departments.
To rediscover the beauty and intent of the National Register Architectural District, and re-focus
the urban planning priorities for the broader area, a "rollback' of the permitted hours for the sale
of alcohol for on-premises consumption is a significant first step.
It is important to note that the proposed 2:00 a.m. rollback for on-premises consumption within
the MXE district is part of a multi-pronged approach. This includes updating applicable
regulations; incentivizing a renaissance of the original plan for Ocean Drive; year-round
programming; increased enforcement; and creating ways to balance vehicular and pedestrian
mobility.
UPDATE
The subject Ordinance was approved at First Reading on April 21, 2021. Additionally, the
Commission requested that a timeframe for implementation of the Ordinance be considered
prior to Second Reading (i.e. as a "pilot" program). It is anticipated that the details of such a
pilot program, including the duration of the program, will be provided via supplemental agenda
or discussed at the May 12, 2021 City Commission meeting.
SUPPORTING SURVEY DATA
Improve Residents Quality of Life
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Page 343 of 859
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
Planning/Office of the City Attorney
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
❑ 5:00 AM MXE Establishments
❑ Ordinance
Page 344 of 859
MXE District—Existing Establishments with 5:00 AM Alcohol License
Company Name DBA Business Address
DBA TAQUIZA DBA TAQUIZA 1351 COLLINS
OCEANSIDE HOTEL OCEANSIDE HOTEL 808 COLLINS
BETSY ROSS OWNER, LLC 1433 COLLINS
QUEENS GROUP LLC THE FRANKLIN HOTEL 860 COLLINS
STILES HOTELS GROUP LLC 1120 COLLINS
MLB FAIRWINDS LLC 1000 COLLINS
US ROTON DE F&B, LLC DBA SUNNY'S 1058 COLLINS
AXEL BEACH HOTEL LLC 1500 COLLINS
SAFARI BAR SAFARI BAR 855 COLLINS
THE WHITELAW HOTEL& LOUNGE THE WHITELAW HOTEL& LOUNGE 808 COLLINS
LIQUOR LOUNGE CAFE,INC LIQUOR LOUNGE CAFE,INC 1560 COLLINS
ESSEX HOUSE HOTEL ESSEX HOUSE HOTEL 1001 COLLINS
SB HOSPITALITY DREAM SB NAKED TACO 1111 COLLINS
SHELLEY HOTEL SHELLEY HOTEL 844 COLLINS
LOST WEEKEND LOST WEEKEND/KILL YOUR IDOL 218 ESPANOLA
CLEVELANDER OCEAN, 1020 OCEAN
PALACE BAR LLC(Unit B) PALACE CAFE 1052 OCEAN
SOBE USA LLC D/B/A OCEANS TEN OCEANS TEN 960 OCEAN
VMSB,LLC DBA EL SOLE MIAMI VMSB,LLC DBA EL SOLE MIAMI 1116 OCEAN
SPICE ART RESTAURANTS,INC./ DBA JALAPENO MEXICAN KITCHEN 530 OCEAN
SOUTH BEACH ASSOCIATES D/B/A SOCIAL CAFE 1024 OCEAN
D/B/A THE CARLYLE CAFE ELIZABETH CRUZ/RESTAURANT 1250 OCEAN
ILOV305 I LLC SUGAR FACTORY 1060 OCEAN
PT OPCO,LLC PINK TACO MIAMI BEACH 1200 OCEAN
BETSY ROSS OWNER,LLC 1440 OCEAN
834 OCEAN DR LLC KANTINA 834 OCEAN
MANGO'S TROPICAL CAFE LLC MANGO'S TROPICAL CAFE LLC 900 OCEAN
PALACE BAR LLC PALACE 1052 OCEAN
D/B/A PARK CENTRAL ELIZABETH CRUZ/RESTAURANT 650 OCEAN
VENTURA CAPITAL ONE LLC CAVALIER HOTEL MIAMI BEACH 1320 OCEAN
720 OCEAN DRIVE,LLC THE PLACE 720 OCEAN
BICE CUCINA ELIZABETH CRUZ/RESTAURANT 1300 OCEAN
STARLITE HOTEL&APTS ELIZABETH CRUZ/RESTAURANT 750 OCEAN
660 OCEAN DRIVE,LLC ON OCEAN 7 CAFE 660 OCEAN
FINNEGANS WAY,INC. FINNEGANS WAY,INC. 1344 OCEAN
TGI FRIDAY'S INC TGI FRIDAYS 500 OCEAN
Cafe Americano Ocean LLC Cafe Americano 1144 OCEAN
WET WILLIES WET WILLIES 760 OCEAN
NEWS CAFE(60 SEAT REST,5AM) NEWS CAFE(60 SEAT REST,5AM) 804 OCEAN
LARIOS ON THE BEACH LARIOS ON THE BEACH 820 OCEAN
BRIGGS OF SOUTH BEACH DBA FAT TUESDAY 918 OCEAN
NEWS CAFE C/O BEATRIZ CAPOTE NEWS CAFE 800 OCEAN
HAVANA OCEAN TEN LLC 940 OCEAN
DECOWALK HOTEL&GOLF CLUB, VOODOO ROOFTOP LOUNGE 928 OCEAN
Page 345 of 859