Ordinance 2024-4606 ALCOHOL HOURS OF SALE
BELLE ISLE
__- ORDINANCE_N.O., 2024-4606 —
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 7 OF THE
MIAMI BEACH RESILIENCY CODE, ENTITLED "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 4, "RM-1 RESIDENTIAL MULTIFAMILY, LOW INTENSITY,"
SECTION 7.2.4.2, "USES (RM-1),"AND AMENDING DIVISION 5, "RM-2
RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 7.2.5.2,
"USES (RM-2)," TO ADOPT HOURS FOR THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES AT
ALCOHOLIC BEVERAGES ESTABLISHMENTS ON BELLE ISLE; AND
PROVIDING FOR REPEALER, CONDIFICATION, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") is both a vibrant residential community
and an internationally renowned tourist destination that is famous for its beautiful beaches, world-
class shopping, entertainment, fine dining, and vast array of artistic and cultural events; and
WHEREAS, the sale and consumption of alcoholic beverages late at night contributes to
undesirable noise, traffic, disorderly conduct, violence, and other criminal activity; and
WHEREAS, accordingly, the Mayor and City Commission hereby determine that it is in
the best interest of the City's residents, businesses, and visitors to limit the hours of sale and
consumption of alcoholic beverages in the Belle Isle neighborhood; 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, in State ex rel. Floyd v. Noel, 124 Fla 852, 854 (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 Supreme Court has upheld the constitutionality of Section 562.14,
Florida Statutes (See Wednesday Night, Inc. v. City of Fort Lauderdale, 272 So. 2d 502 (Fla.
1972) (recognizing the statutory authority of a municipality to "prescribe by ordinance different
hours of liquor sales from those fixed by other cities")); and
WHEREAS, Florida Courts have recognized, as a lawful exercise of the police power, a
municipality's authority to change hours of sale for alcoholic beverages; municipalities have the
statutory authority under Section 562.14, Florida Statutes, to restrict the hours when alcohol may
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be sold; and a municipal ordinance regulating alcohol hours of sale may be applied to a property
incorporated later into the municipality by annexation (Village of North Palm Beach V. S & H
Foster's, Inc., 80 So. 3d 433 (Fla. 4th DCA 2012)); 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
(Op.Att'y Gen. Fla. 059-73 (1959)); and
WHEREAS, 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., 80 So. 3d 433 (Fla. 4th DCA 2012); Other Place of
Miami, Inc. v. City of Hialeah Gardens(Fla. 3d DCA 1978)); 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 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. Chapter 7 of the Resiliency Code, entitled "Zoning Districts and Regulations," is
hereby amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
* * *
DIVISION 4. RM-1 RESIDENTIAL MULTIFAMILY, LOW INTENSITY
* * *
Section 7.2.4.2 Uses (RM-1)
* * *
Le) Hours for the sale and consumption of alcoholic beverages.
Belle Isle. As applicable to alcoholic beverage establishments on Belle Isle,
alcoholic beverages shall not be offered for sale or on-premises consumption
indoors between the hours of 2:00 a.m. and 8:00 a.m. each night, or outdoors
between the hours of 12:00 a.m. and 8:00 a.m. each night, notwithstanding
sections 2.4.3 or 2.12.5 of this Code. For purposes of this section, the term
"outdoors" shall mean any area of an alcoholic beverage establishment that is
not completely enclosed and located entirely within a building. Any operable
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windows or doors shall remain closed at all times, except for purposes of
ingress and egress.
- ------ ii. Determination-of-vested--rights.--The-owner-or operator-of--any alcoholic - - --
beverage establishment claiming a vested right to conduct alcohol sales for on-
premises consumption for hours greater than the hours permitted under
subsection (e)(i) may so operate only after applying for a determination of its
vested right(s) and having those rights confirmed by the chief special
magistrate as follows:
1. Appointment: qualifications; term. The chief special magistrate shall
adjudicate applications for determinations of vested rights under this
subsection (e)(ii). The special magistrate shall be an attorney in good
standing with the Florida Bar, with expertise in the areas of local
government law, business licensing, vested rights, and/or property law.
2. Filing period. Any application for a determination of vested rights must be
filed with the city manager, city attorney,and city clerk no later than October
31, 2024.
3. Standard for finding of a vested right. A vested right to conduct alcohol
sales for on-premises consumption later than the hours prescribed in
subsection (e)(i) shall be found to exist only where:
I. An active order of the Planning Board, an active order of the Board
of Adjustment, or other active development order issued by the City.
expressly authorizes the alcoholic beverage establishment to
conduct alcohol sales for on-premises consumption during
specified hours;
II. In good faith reliance upon such prior order,the applicant has made
a substantial change in position or incurred extensive contractual
obligations and financial expenses; and
III. It would be highly inequitable to interfere with the acquired right.
In accordance with Florida law, no right to conduct alcohol sales at certain
hours may be determined to have vested as a result of the adoption of an
ordinance by the city commission. The chief special magistrate shall
dismiss any application that relies solely upon a previously enacted
ordinance of the city commission.
4. Procedure. Applications for vested rights determinations shall be heard in
accordance with the procedures for hearings before the special magistrate
specified in Chapter 30 of the City Code except that:
I. Applications for a vested rights determination shall be made in
writing and filed with the city manager, city attorney, and city clerk.
II. At a minimum, applications shall:
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A. Identify all prior orders from which the alleged vested right
arises;
B: -Include-a-copy-of-each-such-prior order:-
C. Specify how the adoption of this ordinance adversely affected
the alleged vested right including how the standard in
subsection (e)(ii)(3)is satisfied;
D. Specify the applicant's requested relief; and
E. Be sworn to by the applicant.
III. The signature of the applicant or the applicant's attorney shall
constitute a certificate that the person signing has read the
applicant's written submissions and, to the best of their knowledge,
the application is made in good faith and not for purposes of delay.
The applicant or its attorney shall have a continuing obligation to
correct any statement or representation found to have been
incurred when made or which becomes incorrect by virtue of
changed circumstances. If a claim of taking or abrogation of vested
rights is: (1) based upon facts that the claimant or the attorney for
the claimant knew or should have known were not true; or (2)
frivolous or filed solely for the purpose of delay, the chief special
magistrate shall make such findings in writing and deny the
application.
IV. The city clerk shall acknowledge receipt of an application for vested
rights within three business days of receipt of the application, and
shall promptly schedule a hearing before the chief special
magistrate.
V. Effect of filing application for vested rights determination. During the
pendency of an application for a vested rights determination, the
applicant shall comply with all requirements of this section. The
,filing of an application shall not be construed to stay enforcement
of this section against the applicant.
5. Appeals.An aggrieved party, including the city administration, may appeal
a final administrative order of the special magistrate to the circuit court by
petition for writ of certiorari, pursuant to the Florida Rules of Appellate
Procedure.
*
DIVISION 5. RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY
* * *
Section 7.2.5.2 Uses (RM-2)
* * *
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Hours for the sale and consumption of alcoholic beverages.
Belle Isle. As applicable to alcoholic beverage establishments on Belle Isle,
_ _._ __ -alcoholic beverages-shall-not-be offered-for-sale-or-on-premises--consumption
indoors between the hours of 2:00 a.m. and 8:00 a.m. each night, or outdoors
between the hours of 12:00 a.m. and 8:00 a.m. each night, notwithstanding
sections 2.4.3 or 2.12.5 of this Code. For purposes of this section, the term
"outdoors" shall mean any area of an alcoholic beverage establishment that is
not completely enclosed and located entirely within a building. Any operable
windows or doors shall remain closed at all times, except for purposes of
ingress and egress.
ii. Determination of vested rights. The owner or operator of any alcoholic
beverage establishment claiming a vested right to conduct alcohol sales for on-
premises consumption for hours greater than the hours permitted under
subsection (e)(i) may so operate only after applying for a determination of its
vested right(s) and having those rights confirmed by the chief special
magistrate as follows:
1. Appointment: qualifications: term. The chief special magistrate shall
adiudicate applications for determinations of vested rights under this
subsection (e)(ii). The special magistrate shall be an attorney in good
standing with the Florida Bar, with expertise in the areas of local
government law, business licensing, vested rights, and/or property law.
2. Filing period. Any application for a determination of vested rights must be
filed with the city manager,city attorney,and city clerk no later than October
31, 2024.
3. Standard for finding of a vested right. A vested right to conduct alcohol
sales for on-premises consumption later than the hours prescribed in
subsection (e)(i) shall be found to exist only where:
I. An active order of the Planning Board, an active order of the Board
of Adjustment,or other active development order issued by the City,
expressly authorizes the alcoholic beverage establishment to
conduct alcohol sales for on-premises consumption during
specified hours;
II. In good faith reliance upon such prior order, the applicant has made
a substantial change in position or incurred extensive contractual
obligations and financial expenses; and
III. It would be highly inequitable to interfere with the acquired right.
In accordance with Florida law, no right to conduct alcohol sales at certain
hours may be determined to have vested as a result of the adoption of an
ordinance by the city commission. The chief special magistrate shall
dismiss any application that relies solely upon a previously enacted
ordinance of the city commission.
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Page 592 of 1445
4. Procedure. Applications for vested rights determinations shall be heard in
accordance with the procedures for hearings before the special magistrate
specified in Chapter 30 of the City Code except that:
I. Applications for a vested rights determination shall be made in
writing and filed with the city manager, city attorney, and city clerk.
II. At a minimum, applications shall:
A. Identify all prior orders from which the alleged vested right
arises;
B. Include a copy of each such prior order;
C. Specify how the adoption of this ordinance adversely affected
the alleged vested right including how the standard in
subsection (e)(ii)(3) is satisfied;
D. Specify the applicant's requested relief; and
E. Be sworn to by the applicant.
III. The signature of the applicant or the applicant's attorney shall
constitute a certificate that the person signing has read the
applicant's written submissions and, to the best of their knowledge,
the application is made in good faith and not for purposes of delay.
The applicant or its attorney shall have a continuing obligation to
correct any statement or representation found to have been
incurred when made or which becomes incorrect by virtue of
changed circumstances. If a claim of taking or abrogation of vested
rights is: (1) based upon facts that the claimant or the attorney for
the claimant knew or should have known were not true; or (2)
frivolous or filed solely for the purpose of delay, the chief special
magistrate shall make such findings in writing and deny the
application.
IV. The city clerk shall acknowledge receipt of an application for vested
rights within three business days of receipt of the application, and
shall promptly schedule a hearing before the chief special
magistrate.
V. Effect of filing application for vested rights determination. During the
pendency of an application for a vested rights determination, the
applicant shall comply with all requirements of this section. The
filing of an application shall not be construed to stay enforcement
of this section against the applicant.
5. Appeals. An aggrieved party, including the city administration, may appeal
a final administrative order of the special magistrate to the circuit court by
petition for writ of certiorari, pursuant to the Florida Rules of Appellate
Procedure.
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- -SECT--ION 2.-CODIFIC-ATION:- -- -
- - - - ---- ---
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 3 day of n' ( , aDa�l
•
ATTEST:
APR 0 8 2024 Steven Meiner, Mayor
Rafae E. Granado, City Clerk ,y
IH(ORP OtATE0.n
,RCH 24
Verified By: V"
Thomas R. fkotoney, CP
Planning Director
Sponsored by Commissioner Alex J. Fernandez APPROVED AS TO FORM AND
to-Sponsored by Commissioner Joseph Magazine LANGUAGE & FOR EXECUTION
6- 3( —
City Attorney `te... Date
T:\Agenda\2023\7-September 20231PIanninglAlcohol Hours of Sale on Belle Isle-First Reading ORD.docx
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Ordinances-R5 A
MIAMI BEACH
COMMISSION MEMORANDUM •
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 3, 2024
10:10 a.m. Second Reading Public Hearing
SUBJECT:ALCOHOL HOURS OF SALE - BELLE ISLE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 7 OF THE MIAMI
BEACH RESILIENCY CODE, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS, "DIVISION 4,
"RM-1 RESIDENTIAL MULTIFAMILY, LOW INTENSITY, "SECTION 7.2.4.2,
"USES (RM-1)," AND AMENDING DIVISION 5, "RM-2 RESIDENTIAL
MULTIFAMILY, MEDIUM INTENSITY," SECTION 7.2.5.2, "USES (RM-2)," TO
ADOPT HOURS FOR THE SALE AND CONSUMPTION OF ALCOHOLIC
BEVERAGES ON PREMISES AT ALCOHOLIC BEVERAGES
ESTABLISHMENTS ON BELLE ISLE; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND/HISTORY
On June 28, 2023, at the request of Commissioner Alex Fernandez, the City Commission
referred the proposed ordinance to the Planning Board (Item C4 0).
Belle Isle consists of RM-1 zoned properties on the north and RM-2 zoned properties on the
south (see attached map). Currently, the City code permits the sale and on-premises
consumption of alcoholic beverages at legally established alcoholic beverage venues on Belle
Isle until 5:00 a.m. No establishment on Belle Isle is currently licensed to serve alcohol past
12:00 a.m. However, an existing or future establishment could be eligible to serve alcohol
beyond 2:00 a.m. indoors or 12:00 a.m. outdoors.
ANALYSIS
The proposed regulations amend the RM-1 and RM-2 district regulations, to adopt a uniform
termination time of 2:00 a.m. indoors and 12:00 a.m. outdoors, for the sale and consumption of
alcoholic beverages at eligible alcoholic beverage establishments on Belle Isle. The only
establishment currently licensed to serve alcohol on Belle Isle is within the Standard Hotel,
which is currently licensed.to serve alcohol Until 12:00 a.m. However, the proposed ordinance
also includes provisions for the determination of any vested rights for existing businesses.
Page 584 of 1445
Generally, the sale and consumption of alcohol during the early morning hours can be disruptive
to residents, generate undesirable noise, and result in increased calls for service to the Police
and Fire Departments. These impacts would be particularly burdensome on the residents of
Belle Isle, which is a residential neighborhood.
PLANNING BOARD REVIEW
On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
UPDATE
On February 21, 2024, the City Commission approved the subject ordinance at First Reading,
with no changes, and scheduled a Second Reading public hearing for April 3, 2024.
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 on circumstances unique to
the proposed amendment.
BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to
assess whether a Business Impact Estimate is required for the subject ordinance. As noted in
the attached and published on the City's website (https://wwwmiamibeachfl.gov/city-hall/city-
clerk/meeting-notices/) on January 11, 2024, a Business Impact Estimate is not required for the
subject ordinance as it implements an amendment to the Land Development Regulations.
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on
December 13, 2023, the following information has been provided by the primary item sponsor
as it relates to the subject ordinance amendment:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
2. If so, specify name of lobbyist(s)and principal(s): Not Applicable
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends the City Commission adopt the 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?
Page 585 of 1445
Yes No
Legislative Tracking
Planning
Sponsor - -
CommissionerAlex Fernandez
ATTACHMENTS:
Description
o Map
o Ordinance
o BIE Statement SIGNED
Page 586 of 1445
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Page 587 of 1445
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Alina T. Hudak, City Manager r ) a.jj -r
6
MEETING DATE: January 31, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
ALCOHOL HOURS OF SALE - BELLE ISLE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 7 OF THE MIAMI BEACH
RESILIENCY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS, "DIVISION 4, "RM-1 RESIDENTIAL
MULTIFAMILY, LOW INTENSITY, "SECTION 7.2.4.2, "USES (RM-1)," AND
AMENDING DIVISION 5, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM
INTENSITY," SECTION 7.2.5.2, "USES (RM-2),"TO ADOPT HOURS FOR THE
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES AT
ALCOHOLIC BEVERAGES ESTABLISHMENTS ON BELLE ISLE; AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
Is a Business Impact Estimate Required?
❑ Yes X No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
❑ The proposed Ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed Ordinance relates to the issuance or refinancing of debt;
❑ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
❑ The proposed Ordinance is an emergency ordinance;
❑ The Ordinance relates to procurement; or
El The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
Page 595 of 1445
January 31, 2024
Page 2
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
- -- - - d:- Section 633.202, Florida-Statutes,-relating to the Florida Fire Prevention Code.
•
Page 596 of 1445
January 31, 2024
Page 3
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a)An estimate of direct compliance costs that businesses may reasonably incur,
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible; and
(c)An estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
Not Applicable
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
Not Applicable
4. Additional comments:
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