Ordinance 2023-4574 Rooftop Alcohol Establishments—CUP Requirement
ORDINANCE NO: 2023-4574
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE
OF THE CITY OF MIAMI BEACH,SUBPART B, ENTITLED"MIAMI
BEACH RESILIENCY CODE," CHAPTER 1, ENTITLED
"GENERAL PROVISIONS," ARTICLE II, ENTITLED
"DEFINITIONS," SECTION 1.2.2, ENTITLED "USE
DEFINITIONS," SUBSECTION 1.2.2.4, ENTITLED
"COMMERCIAL," BY AMENDING AND EXPANDING THE
DEFINITION OF NEIGHBORHOOD IMPACT ESTABLISHMENT
TO INCLUDE ROOFTOP ALCOHOLIC BEVERAGE
ESTABLISHMENTS ADJACENT TO PROPERTIES WITH A
RESIDENTIAL UNIT; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to amend and enhance the current
requirements in the City Code pertaining to rooftop venues; and
WHEREAS, rooftop alcoholic beverage establishments, if not properly regulated, can
become a nuisance and negatively impact adjacent residential properties, the impacts of which
can be difficult to control; and
WHEREAS, rooftop alcohol establishments can negatively impact the character of
neighborhoods and quality of life for surrounding residents and businesses; and
WHEREAS, stronger requirements and Planning Board review for rooftop alcoholic
beverage establishments will promote the general health, safety and welfare of the residents of
the City; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 1 of the Miami Beach Resiliency Code, entitled "General Provisions,"Article
II, entitled "Definitions," is hereby amended as follows:
CHAPTER 1
GENERAL PROVISIONS
ARTICLE II. DEFINITIONS
SECTION 1.2.2. USE DEFINITIONS
1.2.2.4 Commercial
Neighborhood impact establishment means:
a. An alcoholic beverage establishment or restaurant, not also operating as an entertainment
establishment or dance hall (as defined in Section 1.2.2),with an occupant content of 300 or more
persons as determined by the chief fire marshal; or
b. An alcoholic beverage establishment or restaurant, which is also operating as an entertainment
establishment or dance hall (as defined in Section 1.2.2),with an occupant content of 200 or more
persons as determined by the chief fire marshal.
c.An alcoholic beverage establishment or restaurant located on the top floor of a building,whether
fully enclosed, partially open, or open to the sky, including all open-air portions above the roof-
top, which is located on a property that is within 200 feet of a property containing a residential
unit.
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 renumbered or relettered 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 days following -adoption.
PASSED AND ADOPTED this /9 day of 061 _r , 2023.
ATTEST:
Dan Gelber, Mayor
OCT 2 2023 _.- €;�� ��,, APPROVED AS TO
4;T `i �
• FORM AND LANGUAGE
Rafael E. Granado, City Clerk & FOR EXECUTION
I,I��NORAI�D�"�
First Reading: July 26, 2023 �'
1 •�`C�i 26_--`_
Second Reading: eptembe 13, 023 City Attorney Date
Verified By:
Th mas R. Mooney, AICP
Planning Director
T:\Agenda\2023\6-July 2023\Planning\Rooftop Alcohol Establishments-CUP Requirement-First Reading ORD.docx
Ordinances-R5 H
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: October 18, 2023
5:01 p.m. Second Reading Public Hearing
SUBJECT: ROOFTOP ALCOHOL ESTABLISHMENTS - CUP REQUIREMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "MIAMI BEACH RESILIENCY
CODE," CHAPTER 1, ENTITLED "GENERAL PROVISIONS," ARTICLE 11,
ENTITLED "DEFINITIONS," SECTION 1.2.2, ENTITLED "USE
DEFINITIONS," SUBSECTION 1.2.2.4, ENTITLED "COMMERCIAL," BY
AMENDING AND EXPANDING THE DEFINITION OF NEIGHBORHOOD
IMPACT ESTABLISHMENT TO INCLUDE ROOFTOP ALCOHOLIC
BEVERAGE ESTABLISHMENTS ADJACENT TO PROPERTIES WITH A
RESIDENTIAL UNIT, 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 May 17, 2023, at the request of Commissioner Alex Fernandez, the City Commission
referred the proposal (C4 A) to the Land Use and Sustainability Committee (LUSC) and the
Planning Board. The LUSC is scheduled to review the item on July 19, 2023 and the
Administration will provide an update of the LUSC recommendation at the Commission
meeting.
The Land Development Regulations of the City Code (LDRs) currently defines Neighborhood
Impact Establishment(NIE)as follows:
Neighborhood impact establishment means:
(1)An alcoholic beverage establishment or restaurant, not also operating as an entertainment
establishment or dance hall, with an occupant content of 300 or more persons as determined by
the chief fire marshal; or
(2) An alcoholic beverage establishment or restaurant, which is also operating as an
entertainment establishment or dance hall, with an occupant content of 200 or more persons as
determined by the chief fire marshal.
Page 1210 of 2240
Open air or outdoor rooftop establishments that include entertainment require a CUP regardless
of the occupational content. However, rooftop alcoholic beverage establishments, whether
enclosed or unenclosed, that have no entertainment do not require a CUP unless the
occupational content of the establishment exceeds 300 persons.
ANALYSIS
To address future impacts on adjacent properties that contain residential uses, a 3rd NI E tier is
proposed, for rooftop establishments, as follows:
An alcoholic beverage establishment or restaurant located on the top floor of a building,
whether fully enclosed, partially open or open to the sky, including all open-air portions
above the rooftop, which is located on a property that is within 200 feet of a property
containing a residential unit.
If adopted, Planning Board approval of a CUP would be required for any future rooftop alcohol
establishment that is on a property within 200 feet of a property containing a residential unit.
The proposed amendment is intended to address impacts from rooftop alcoholic beverage
establishments that are located near residences. The primary impacts that are expected to be
addressed through the conditional use process include hours of operation, occupancy, noise
and lighting spillage. These impacts tend to be associated with entertainment venues and
establishments with an occupancy greater than 299 persons.
PLANNING BOARD REVIEW
On June 27, 2023, the Planning Board held a public hearing and transmitted the ordinance to
the City Commission with a favorable recommendation (6-0). The Planning Board further
recommended that the ordinance include a clarification pertaining to open-air portions of an
establishment above the roof. This recommendation has been incorporated into the ordinance
for First Reading.
UPDATE
The subject ordinance was approved at First Reading on July 26, 2023, with no changes.
Additionally, in accordance with section 2.4.1.c.1 of the Land Development Regulations of the
City Code, the City Commission waived the applicable fees based upon the legislation
implementing best practices in urban planning.
On September 13, 2023, Second Reading /Adoption of the ordinance was not reached due to
the length of the agenda. The item was continued to the October 18, 2023 City Commission
agenda.
SUPPORTING SURVEY DATA
Not applicable.
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject ordinance.
Page 1211 of 2240
Applicable Area
Citywide
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
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
o Ordinance
o Ad
Page 1212 of 2240
SUNDAYOQOMt12023 1 1 NEIGHBORSI FINE
NOTICE OF INITIAL CITY OF MIAMI BEACH CANVASSING BOARD CITY OF MIAMI BEACH
MEETING
NOVEM ER 21,2023 RUN-OFF ELECT ON( L IFREOUIREECTION C)D THE
NOTICE OF PUBLIC HEARING
The City of Miami Beach Canvassing Bard lorthe November 7.2023 General Elacbm and the November ROOFTOP ALCOHOL ESTABLISHMENTS—CUP REQUIREMENT
21.2023 Run-Off Election(if required)will convene for its initial meeting on October 9,2023,at
Miami
a.m.,in the City Attorneys ire a Conference Room,1700 please
senv.n:bn Center Drive.Fourth h@=h Fkar, ORDINANCE AMENDING THE DEFINITION OF NEIGHBORHOOD BEVERAGE
Miami Bexh,Florida 33139.To view a copy of the agenda,Dkaee vlalt hnns�/tww.mf.mihexhll awl
dvfi-vVcM•elerkele Wn-k rma6an/aan.ral e a rt-2/. ESTABLISHMENTS ADJACENT TO PROPERTIES WITH A RESIDENTIAL UNIT
Canvauina aoard Mambara
The Honorable Raul Cuervo,County Judge.Regular Member OCTOBER 18,2023
Rafael E eGrenada..OuCity Clerk.RegularSubstitute
Member CITY COMMISSION MEETING
Partial AndasMra,Qualified Elector,Substitute Member
8uhlitute and AtarnaTe Caer■■lne teard Nembar, NOTICE IS HEREBY GIVEN that on OdNsr 11,2023.at 5:01 tn..or as soon thereafter as the matter can be heard,
The Honorable Christopher Graen,Subsetula County Judge the Maya and City Commissoners of the City of Miami Beach wire hold a hoed IssYryPuttk Rarle1 on the following
Regis Barbou,Alternate Quelifled Elector proposed Ordvunce.
All Proceedings will be open to pre public.To request this material In a,emate format,sign language e01F'idrA COUL E17a1 lea arc-CUr RFIUIAFWKT
interpreter(five-day notice required),information on access for persons with disabilities, andlor AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.FLORIDA.AMENDING THE
arty accommodation to review any document or participle In any City-sponsored proceedings,call COOEDFTHECITYOF MIAMI BEACH,SUBPART 0.ENTITLED-MIAMI BEACH RESILIENCY CODE:'CHAPTER 1,ENTITLED
305.604.2ADA(2232)and select 1 for English or 2 for Spanish;TTY users may call via 711(Florida 'GENERAL PROVISIONS,'ARTICLE IL ENTDLEO'DEFINITIONS;SECTIDN 1.22.ENTITLED'USE DEFINITIONS;Relay Service).In accordance with Florida Statute$286.0105,a person who appeals any decision by SUBSECTION ENTITLEO'COMAERCIAL,'BYAMENOINGAND EXPANDING THE DEFINITIONOF NEIGHBORHOOD
the procCanveedings.
a Board with reelect fn cry mailer t a verbatim
at a record
onh•will need a record of. IMPACT ESTABLISHMENT TO INCLUDE ROOFTOP ALCOHOLIC BEVERAGE ESTABLISHMENTS ADJACENT TO
proceedings,and therefore will need to ensure Uat a verbatim record of this proceedings is made. PROPERTIES WITH A RESIDENTIAL UNIT;AND PROVIDING FOR CODIFICATION,REPEALER,SEVERABILITY,AND AN
Please note that the Canvassing Board Schedule is subject to charge if needed.Please contact the EFFECTIVE DATE Ties Ordnance is being heardmaswnl to Chapter 2,Article IV o/the Romance Chide,Section 2.05
Office of the City Clark at 305.673.7411 if you have any questions. of the City Charter.and J166.041 F.S.mdmnts may be directed to the Planning Department at 305.573.1550,
Rafael E.Gransdo,City Clerk During the Octttn Il,20t3,Commission Meeting,the City of Miami BeachwlR hosts Hybrid Commission Meeting.
r'•'': BEACH City of Miami Beach,Florida During the Hybrid Commission Meeting,the City Commission will be physically present in the Tespenry Commission
1700 Convention Center Drive Chemkre hermit at are Nismi huh Ceuealiar Center(t1CCl,1101 Cementite Gala gobs,asetiq Mass 222-225,Itiwl
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rmnr.rolemliff.b. h.eam is
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ion
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COI ANTICJN Please identify The Agenda item Number in the small subject line.Entails received will be forwarded to the Mayor and
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TOURISM ADVANCEMENT PROGRAM Pursuant to Section 206.0105.Fla.Slat.,the City hereby advises the public that it a person decides to appeal any
SECOND PERIOD PROJECTS decision made by[he City Commission concerning any matter considered at its meeting or As hearing.such person must
February 1,2024-May 31,2024 ensure that a verbatim record of pie proceedings is made,which record includes the testimony ship evidence uponwlhch
the appeal s(obebased.TNsnolrudres not constitute consent by the Ciyfor the iidroductionar admission ofotherwise
THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY(MBVCA) is currently
accepting grant applications for special events, promotions, activities and festivals "`adr"isstbieorirtelerans evidence,mrdoes itauNodaWlengesorapputs not otherwsealbwedbylaw.
which will stimulate tourism by dnereashelpf hatal oeeuPaeey and will have significant To request this material in an alternate format•sign language interpreter(Ihre4ay nonce required).information
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Interested applicants must meet with MBVCA Administration by Monday, lines_ry imine.faeebaok cam/alvefmiamileach, ,
October 23,2023.Project Information and Reaulred Grant Criteria must besubmltled DifulleasPkasecsIsthe Temperate Camempitim MBCCsnComermonCmikir s.AketkgRooms222.225uekcakdonlfwSaomFbor,swthsde
for review by Monday,October 30. 2023. by 3�0 pen. Draft Application rid
Application Attachments must be submitted by Mendel Ne9amber e,2022,a by UPonarriving31theMBCC•atlendeeswillberequredtocheckmattheVddorManagementStationbratedintMground
3:00 pin.The Final Completed Application is due to the MBVCA offices by Monday, Floor Lobby and obtain a Visitor Pass before Proceeding to Rmms 222-225.There well be sngage in are MBCC indicating
November 13, 2023, ttedrectionollravel
try 12:00 pm. Late or incomplete proposals will not be
considered.The MBVCA reserves the right to accept any proposal deemed to be in the Gdj21
best interest of the City or to waive any informality in the proposal. Meeting+ltendeescancoril uetopartialteCityHalGarage11755kkrkhomkvww)or17mSVeetGarage(64017[hStmet).
All proposals will be considered at the MBVCA Board meetingin December 2023/ ISO
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applications,questions or comments regarding the grant application process,contact City Of Main,Beach
the MBVCA Administrator at(305)673.7050 or visit wwW.mlemibeachves.cam. AD:1018202345-Raciness CiNClerkilmiatnbeachRon
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