LTC 326-2021 Planning Board Recommendation - Strengthen Enforcement Mechanisms for Conditional Use Permits (CUPs)MIAMI
City of Miami Beach, 1700 Convent ion Center Drive, Miami Beach, Florida 33139, www.m iamibeachfl.gov
OFFI C E O F THE CITY MA N AG ER
TO :
FROM :
DATE:
SUBJECT :
LETTER TO COMMISSION
326-2021
Honorable Mayor Dan Gelber and Members of the City Commission
Alina T . Hudak, City Manager Su::, ~-1'o(
August 3, 2021
Planning Board Recommendation -Strengthen Enforcement Mechanisms for
Conditional Use Permits (CUPs)
On June 22, 2021, the Planning Board held a discussion regarding the strengthening enforcement
mechanisms for CUPs. The Board made the following recommendations for future modifications to CUP
board orders, which can be incorporated into future CUP orders, as applicable:
1. Incorporate the requirements of Section 70-87 of the City Code into future CUPs related to open
containers of alcoholic beverages in public places .
2. Require that CUPs for entertainment include a speaker plan.
3. Limit the size of speakers and prohibit subwoofers in outdoor areas.
4. Look at how sound regulations and conditions can be improved.
5. Provide easier to read language that summarizes the approved conditions for a CUP for the benefit
of Code Enforcement Officers, operators and other interested parties.
6. Incorporate conditions that are more objective rather than subjective.
7. Continue having complaint driven progress reports come before the Planning Board for
establishments that have a CUP.
8. Allow the Police Chief to recommend to the Planning Department establ ishments with a CUP that
should come before the Planning Board for a Progress Report based on incidents, calls for services,
or other patterns/indicators that create a public safety concern.
NO TE: Any incidents identified by the Police Chief would need to have a correlation to the operation
of the establishment or the conditions of the CUP.
9. Require that name changes continue to come before the board.
10. Incorporate a condition requiring establishments to train staff as to the conditions of the CUP.
The following additional recommendations of the Planning Board would require City Commission action:
1. Require that establishments that have CUPs be required to have a quick response (QR) code on
the front window of the establishment that links directly to the Conditional Use Permit, The QR code
would need to be visible for the benefit of Code Enforcement Officers and the public.
L TC -Planning Board Recommendation -
Strengthen Enforcement Mechanisms for Conditional Use Permits (CUPs)
August 3, 2021
Page 2 of 5
2. Ensure that when the City issues new Business Tax Receipts (BTRs) and/or renewals of BTRs that
there is compliance with the CUP.
A TH/ETC/TRM/RAM
C: Rafael Paz, Acting City Attorney
Rafael E. Granado, City Clerk
F :\PLAN\$ALL\CM_RESP\2021\L TC -PB Recommendation -Strengthen CUP's .docx