Ordinance 2022-4472A LC O H O L HO U R S O F S A LE
SPR IN G BR EA K HIG H IM PA C T PE R IO D 2022
(S PO N S O R E D B Y C O M M IS SIO N ER A LEX FE R N A N D E Z )
O R D IN A N C E N O . 2022-4 472
A N O R D IN A N C E O F TH E M A Y O R A N D C IT Y C O M M IS S IO N O F TH E
C IT Y O F M IA M I B EA C H , FL O R ID A , A M EN D IN G C H A P T ER 6 O F TH E
C O D E O F TH E C IT Y O F M IA M I B E A C H , FL O R ID A , E N T IT L E D
"A LC O H O LI C BE V E RA G ES ," BY A M E N D IN G A R T IC L E I, ENTITLED
"IN GENERAL," BY AMENDING SECTION 6-3 THEREOF, ENTITLED
"HOURS OF SALENIOLATIONS," TO PROHIBIT THE SALE AND
SERVICE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES
CONSUMPTION BETWEEN THE HOURS OF 2:00 A.M. AND 8:00 A.M.
EACH NIGHT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS
LOCATED SOUTH OF 16TH STREET, ON SPECIFIED DATES DURING
THE SPRING BREAK HIGH IMPACT PERIOD IN MARCH OF 2022;
AND PROVIDING FOR A SUNSET AND AUTOMATIC 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 "Alcoh olic Beverages"; and
WHEREAS, on November 2, 2021, pursuant to Resolution No. 2021-31824, the
following ballot question was submitted to the City's voters:
Non-Binding, Straw Ballot Question: Citywide - Changing
Alcoholic Beverage Establishments Sales/Consumption
Termination Time
City law allows, subject to exceptions, the sale and consumption
of alcoholic beverages at Alcoholic Beverage Establishments
throughout the City, from 8:00 a.m. until 5:00 a.m. the following
day.
Would you support changing this 5:00 a.m. termination time to
2:00 a.m. throughout the City, with specific locations and related
restrictions and exceptions, to be determined by City Commission
by Ordinance?
WHEREAS, the ballot question was approved by 56.52% of the voters; and
1
W H ER EA S , due to the City's domestic and international popularity as a resort
destination, large events-including special events permitted by the City, as well as other
events-are scheduled throughout the year; and
WHEREAS, in recent years, the City has seen an increasingly large number of visitors
during the period when high schools, colleges, and universities across the country recess for
Spring Break, which occurs primarily during the month of March; and
WHEREAS, the high volume of visitors who patronize alcoholic beverage
establishments during this period generates increased calls for service, and places demands on
the City's police, fire, code compliance, and sanitation resources; 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 terminate the sale and service of alcoholic beverages for on-premises
consumption at 2:00 a.m. at alcoholic beverage establishments located south of 16th Street, on
the dates set forth in this Ordinance; and
WHEREAS, this Ordinance strikes a balance between (i) the public safety concerns
associated with late-night drinking establishments; (ii) the economic vitality of the City's food
and beverage industry; and (iii) the City's interest in enforcing uniform alcoholic beverage
regulations throughout geographic areas of the City; and
WHEREAS, the regulations herein have been drafted narrowly to address the period of
time and geographic area that have, in recent years, generated the most calls for service; and
WHEREAS, State law expressly grants the City the authority to establish its own
regulations for the time for sale of alcoholic or intoxicating beverages; and
WHEREAS, pursuant to Section 562.14, Florida Statutes, a municipality may, by
ordinance, establish hours of sale for alcoholic beverages; and
WHEREAS, Florida courts have determined that it is within the police power for a
municipality to change the hours of sale of alcoholic beverages, because municipalities have the
statutory authority under Section 562.14, Florida Statutes, to restrict the sale of alcohol. Village
of North Palm Beach v. S & H Foster's, Inc., 80 So. 3d 433 (Fla. 4th DCA 2012); 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
2
W HER EA S , in fact, the Florida Attorney General has opined that different hours may be
provided for in a municipal ordinance, provided there is reasonable relation to the health, safety,
and morals of the community. Op. Att'y Gen. Fla., p. 497 (1950); 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, injunctive relief is not available against the enforcement of a municipal
ordinance regulating the time at which alcoholic beverages may be sold, because municipalities
have the statutory authority to set times for sale of alcoholic beverages. Id.; Playpen S., Inc. v.
City of Oakland Park, 396 So. 2d 830 (Fla. 4th DCA 1981); and
WHEREAS, Florida courts have ruled that hours of operation are not a property right. S.
Daytona Rests., Inc. v. City of S. Daytona, 186 So. 2d 78 (Fla. 1st DCA 1966); and
WHEREAS, the amendments set forth in this Ordinance are necessary to accomplish
the above objectives.
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
state licensure-On-premises consumption only, may make sales of alcohol
between the hours of 8:00 a.m. and 5:00 a.m.
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.
3
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 cates. Notwithstanding the provisions of subsections (3)A. through
C., alcoholic beverages shall not be offered for sale or consumption at
sidewalk cafes, 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 6-3(3)(d) as to the hours of sale
or consumption of alcoholic beverages at sidewalk cafes.
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
accom m odate the occupancy content of the establishment. Full kitchen facilities must
contain grease trap interceptors, and meet all applicable city, county, and state codes.
E . N otw ithstanding subsections (a)(3)(A ) thro ugh (C) and (a)(5), and
com m encing at 12:01 a.m . on March ~ 7, 2022, through 11 :59 p.m. on March
34 2 1,2 022 al coh olic bevera ges shal l_not be offer e d for sal e or on -pr emi ses
consum ption at êffl alcoholic beverage establishm ents located south of 16th
Stre et in th e Si ty betw een th e hours of2 :00 a.m an d 8:.00 a.m _ each night_
P rior to M ay 31, 2022,_th e City Commission shall review the effectiveness of
this subsection (a)(3)(E ), and determine whether to adopt an ordinance
extending the duration hereof for another year, or for such other period of time
as determined by the city commission. The provisions of this subsection
(a)(3)(E) shall sunset and stand automatically repealed on May 31, 2022
* * *
(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
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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.
* * *
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.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 7° day or Feruary_ _, 2022. ,
ATTEST:;i
FEB 2 4 2022
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Alex J. Fernandez)
Underline denotes new language
Strikethrough denotes removed language
Dan Gelber, Mayor
APPROVEDASTOFORMAND
LANGUAGE AND FOR EXECUTION
City Attorney
5
2-11-22
[k Date
Ordinances - RS A
MIAMI BE A C H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: February 23, 2022
4:01 p.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORI DA, AMEND I NG CHAPTER 6 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ALCOHOLIC
BEVERAGES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
AMENDING SECTION 6-3 THEREOF, ENTITLED "HOURS OF
SALENIOLATIONS," TO PROHIBIT THE SALE AND SERVICE OF
ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION
BETWEEN THE HOURS OF 2:00 A.M. AND 8:00 A.M. EACH NIGHT AT
ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED SOUTH OF 16TH
STREET, ON SPECIFIED DATES DURING THE SPRING BREAK HIGH
IMPACT PERIOD IN MARCH OF 2022; AND PROVIDING FOR A SUNSET
AND AUTOMATIC REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
n/a
FINAN CI AL INFORM ATI ON
nia
A pp licabl e Area
Citywi de
ls this a "Residents Right
to Know" item , pursuan t to
City Code Section 2-14 ?2
Yes
Strat egic Connection
Non-Applicable
Does this item utilize G.O,
Bond Funds?
No
Page 4 of 272
L egi sl at iv e Tracking
Office of the City Attorney
Spon sor
Commissioner Alex F emandez
ATTAC HMENTS:;
Description
Commission Memor andum
O rdinan ce
Page 5 of 272
O FF IC E O F TH E C IT Y A TT O R N E Y
R A F A E L A . PAZ , C IT Y A TT O R N E Y
COMMISSION MEMORANDUM
To: M a yo r D a n G e lbe r
M em b e rs of the C ity C om m issio n
A lina T . H u da k, C ity M anage r
cc: R afael G ra na do, C ity C lerk
From: Rafael A. Paz, City Attorney ~
Date: Fe brua ry 23 , 20 22
S ub je ct : A N O R D IN A N C E O F TH E M A V O R A N D C ITY C O M M IS SIO N O F THE C ITY O F
MIAMI B E A C H , FLO R ID A , A M E N D IN G C H A PT ER 6 O F THE C O DE OF THE C ITY
O F MIAMI B EA C H , FL O R ID A , EN T ITL ED "A LC O HO LI C BEV ERA G ES," BY
A M E N D IN G A R T IC LE I, EN T IT L E D "IN G EN E RA L," BY A M EN D ING SEC TI O N 6-3
TH E R EO F, E N T IT L ED "H O U R S O F SA LEN IO LA T IO N S ," TO PR O HIB IT THE
S A LE A N D S E R V IC E O F A L C O H O LI C B EV E RA G E S FO R ON -PR EM ISE S
C O N S U M P T IO N B ETW E E N TH E H O U R S O F 2:00 A.M. A N D 8:00 A.M. EA CH
NIGHT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED SOUTH OF
16TH STREET, ON SPECIFIED DATES DURING THE SPRING BREAK HIGH
IMPACT PERIOD IN MARCH OF 2022; AND PROVIDING FOR A SUNSET AND
AUTOMATIC REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
P u rsu a nt to the req u e st of C o m m issio ne r A lex J. Fern andez, the attached Ordinance has been
pla ce d on the Fe brua ry 23 , 2022 C ity C om m ission agenda for Second R eading/Public Hearing.
I. Summary of the Proposed Ordinance
T he O rdinan ce am e nd s Se ction 6-3 of the C ity C ode , entitled "Hours of sale/violation s ," to provide
th a t, on specifie d da tes du rin g the S pring Break H igh Im pact Period in M arch of 2022, the sale
an d se rv ice of alco ho lic be ve rages for on-prem ises consum ption at certain alcoholic beverage
e stab lishm e nts sh a ll te rm in a te at 2:00 a.m . each night.
A t First R eading o n Feb ru ar y 9, 2022, the C ity C o m m ission m ade tw o am endm ents: (1) lim it the
ge o g rap hic area to alcoho lic beverage establishm ents loca ted south of 16t h Street, and (2)
re d u c e the du ratio n of the ro llback to the pe riod of tim e betw een M arch 7, 2022 and M arch 21,
2 0 2 2 . T he C o m m issio n adopted the O rdina nce, as am ended, and scheduled Second
R e ad ing/P ublic H e a rin g on February 23, 2022.
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Alcohol Hours of Sale - Spring Break High Impact Period
February 23, 2022
Page 2
II. Background
In recent years, the City has seen an increasingly large num ber of visitors during the period when
high schools, colleges, and universities across the country recess fo r Spring Break, which occurs
prim arily during the month of M arch. In response, the City has im plem ented legislative and police
m easures in order to address the public safety and quality of life issues that arise fro m late-night
drinking, particularly during the Spring Break period. The high volum e of visitors who patronize
alcoholic beverage establishm ents during Spring Break generates increased calls fo r serv ice, and
places dem ands on the City's police, fire, code com pliance, and sanitation resources. A sum m ary
of recent legislation is as follows:
• O n February 26, 2020, the City Com m ission adopted O rdinance No. 2020-4333,
pro hibiting the sale/serv ice of alcoholic beverages after 3:00 a.m . each night, betw een
M arch 13, 2020, and March 19, 2020. The O rdinance, which sunsetted autom atically on
M arch 19, 2020, applied to the W ashington Avenue, Collins Avenue, and O cean Drive
corridors, as well as Española W ay.
• O n M ay 12, 2021, the City C om m ission adopted O rdinance No. 2021-4413, which
m odified the hours for the sale and on-prem ises consum ption of alcoholic beverages in
the MX E district south of 16th Street. Specifically, the O rdinance changed the term ination
tim e fo r the sale and on-prem ises consum ption of alcohol fro m 5:00 a.m . to 2:00 a.m . each
night. The pro visions of O rdinance No. 2021-4413 autom atically sunsetted on Decem ber
8, 2021.1
In addition to the above legislative measures, on M arch 20, 2021, the City Manager issued a
Declaration of a State of Em ergency (E.O . 2021-01-S ), in response to larger-than-expected
S pring Break cro w ds. Pursuant to the State of Em ergency, the City Manager im posed a num ber
of em ergency m easures, including an 8:00 p.m . curfew in the area bounded by 5th Street on the
south, 16th Street on the north, Pennsylvania Avenue on the west, and O cean Drive on the east.
Follow ing S pring Break 2021, and pursuant to Resolution No. 2021-31824, the City Com m ission
appro ved the follow ing non-binding, straw ballot question, in order to consult the City's voters on
w hether furt her restrictions on alcohol hours of sale should be adopted:
Non-Binding, Straw Ballot Question: Cityw ide - Changing Alcoholic
Beverage Establishments Sales/Consumption Termination Time
City law allow s, subject to exceptions, the sale and consum ption of
alcoholic beverages at Alcoholic Beverage Establishm ents throughout the
City, fro m 8:00 a.m . until 5:00 a.m . the fo llowing day.
W ould you support changing this 5:00 a.m . term ination tim e to 2:00 a.m .
thro ughout the C ity, with specific locations and related restrictions and
exceptions, to be determ ined by City Comm ission by O rdinance?
' On M ay 17, 2021, Clevelander Ocean, LP (the "Cl evelan der") filed a complaint in Circuit Court which,
am ong other things, challenged the alcohol rollback set forth in O rdinance No. 2021-4413. On Jun e 21,
2021, the Circuit Court granted, in part, Cl evelander's M otion for Temporary Injunction, and enjoined the
City from enfo rcing the Ordinance. The City prom ptly appealed, and the case remains pending before the
Third D istrict Court of Appeal.
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Alcohol Hours of Sale - Spring Break High Impact Period
February 23, 2022
Page 3
On November 2, 2021, the straw ballot measure was approved by 56.52% (7,302) of the City's
voters.
Ill. City's Legal Authority to Establish Alcohol Hours of Sale
The City Com m ission has express statutory authority to establish alcohol hours of sale by
Ordinance.
Section 562.14, Florida Statutes, provides as follows:
(1) Except as otherwise provided by county or municipal
ordinance, no alcoholic beverages may be sold, consumed, served,
or permitted to be served or consumed in any place holding a
license under the division between the hours of midnight and 7 a.m.
of the following day....
Under State Law, the termination time for the sale and service of alcoholic beverages for on-
premises consumption is 12.00 midnight, except as otherw ise provided by local Ordinance.
The City has, within its express authority to set alcohol hours of sale that are different from State
Law, adopted a 5:00 a.m. termination time for the sale of alcoholic beverages for on-premises
consumption. This 5:00 a.m. termination time is set forth in Chapter 6 of the City Code.2
Commissioner Fernandez's proposed regulation has been drafted as a narrow exception to the
5.00 a.m. termination time in Section 6-3(a), which governs the sale and service of alcoholic
beverages for on-premises consumption.
In addition to the City's express statutory authority, relevant case law supports the City
Commission's legislative discretion to modify alcohol hours of sale:
• Florida courts have determined that it is within the police power for a municipality to
change the hours of sale of alcoholic beverages, because municipalities have the statutory
authority under Section 562.14, Florida Statutes, to restrict the sale of alcohol. Village of
North Palm Beach v. S & H Foster's, Inc., 80 So. 3d 433 (Fla. 4th DCA 2012).
• In State ex rel. Floyd v. Noel, 124 Fla. 852 (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."
2 The C ity C om m ission has also , by O rdinance, adopted exceptions to the 5:00 term ination tim e, fo r
sid ew a lk cafes (sa le m ust term inate at 1:30 a.m . and consum ption by 2:00 a.m .), during m ajor event
w ee ken d s and holidays (sale and serv ice at eligible establishm ents m ay continue until 7:00 a.m ., subject
to condi tio ns), an d in specified geographic areas (2:00 a.m . in the South of Fifth neighbor hood, and along
Alton R oad , W est A venue, and 41st S treet).
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Alcohol Hours of Sale - Spring Break High Impact Period
February 23, 2022
Page 4
• The Florida Attorney General has opined that a municipality may regulate (1) the hours of
sale, (2) 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.
Op. Att'y Gen. Fla. 59-73 (1959).
• In fact, the Florida Attorney General has opined that different hours may be provided for
different areas in a local ordinance, provided there is reasonable relation to the health,
safety, and morals of the community. Op. Att'y Gen. Fla. 50-288 (1950).
• In Funtana Village, Inc. v. City of Panama Beach, 2016 WL 375102 (N.D. Fla. January 28,
2016), the U.S. District Court for the Northern District of Florida denied a motion for
injunctive relief, on First Amendment grounds, against enforcement of a Panama City
Beach ordinance restricting alcohol hours of sale during the month of March.
• Florida courts have consistently held that alcoholic beverage establishments are not
entitled to grandfather status as to hours of sale for alcoholic beverages. See S & H
Foster's, Inc.; Other Place of Miami, Inc. v. City of Hialeah Gardens, 353 So. 2d 861 (Fla.
3d DCA 1978).
• Injunctive relief is not available against the enforcement of a municipal ordinance
regulating the time at which alcoholic beverages may be sold, because municipalities have
the statutory authority to set times for sale of alcoholic beverages. Id.; Playpen S., Inc. v.
City of Oakland Park, 396 So. 2d 830 (Fla. 4th DCA 1981).
• Florida courts have also ruled that hours of operation are not a property right. S. Daytona
Rests., Inc. v. City of S . Daytona, 186 So. 2d 78 (Fla. 1st DCA 1966).
This Ordinance is also not a "land development regulation" within the meaning of Chapter 163,
Florida Statutes (the Community Planning Act). Unlike LOR amendments, this Ordinance does
not regulate the development of land, and does not regulate where alcoholic beverage
establishments may be located. Rather, consistent with the City's express authority under Sec.
562.14, FIorida Statutes, the Ordinance merely changes the hours when alcohol may be sold or
consumed. Accordingly, the Ordinance has been drafted as an amendment to Chapter 6.
Because zoning case law does not apply to hours of sale for alcoholic beverages, courts have
held that businesses are not vested (or "grandfathered") as to hours. "Grandfather" status, or
"vesting," is a creation of the zoning ordinance. See S & H Foster's, Inc.; see also Other Place of
Miami, Inc.
This Ordinance applies uniformly to alcoholic beverage establishments located south of 16th
Street, roughly overlapping with the area of the City known as South Beach, without regard to a
property's zoning designation. In fact, the affected area would include properties in at least 17
zoning districts.
IV. Conclusion
The attached Ordinance has been drafted narrowly, and within the City's express authority to
regulate alcohol hours, to address a period of time and geographic area of the City that have, in
recent years, generated the most calls for service. If the Ordinance is adopted at Second Reading,
Page 9 of 272
A lco ho l H ours of S ale - Spring Break H igh Im pact P eriod
F ebru ary 23, 20 2 2
P ag e 5
the sale and service of alcoholic beverages for on-premises consumption will terminate at 2.00
a.m. at alcoholic beverage establishments located south of 16th Street, betw een March 7 and
March 21, 2022. Th e Ordinance further provides that the City Commission shall, prior to May 31,
2022, review the effectiveness of the Ordinance, and determine whether to extend the duration
of the Ordinance for another year, or for such other period of time as determined by the City
Commission.
Page 10 of 272