Ordinance 2024-4607 ALCOHOL HOURS OF SALE
WEST AVENUE—2:00 A.M. INDOORS
EAST SIDE OF ALTON ROAD—PROSPECTIVE 2:00A.M.
ORDINANCE NO., 2024-4607
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)"; AMENDING DIVISION 5, "RM-2
RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 7.2.5.2,
"USES (RM-2)";, AMENDING' DIVISION 6, "RM-3 RESIDENTIAL
MULTIFAMILY, HIGH INTENSITY," SECTION 7.2.6.2, "USES (RM-3)";
AMENDING DIVISION 11, "CD-2 COMMERCIAL, MEDIUM INTENSITY
DISTRICT," SECTION 7.2.11.2, "USES (CD-2)"; AND AMENDING
DIVISION 15, "PERFORMANCE STANDARD DISTRICT (PS),"
SECTION 7.2.15.3, "COMMERCIAL PERFORMANCE STANDARDS
DISTRICTS (C-PS)," TO ADOPT AND/OR AMEND HOURS FOR THE
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON
PREMISES.AT ALCOHOLIC'BEVERAGES ESTABLISHMENTS IN THE
AREA GENERALLY BOUNDED. BY BISCAYNE BAY ON THE, WEST,
LINCOLN ROAD ON THE NORTH, 5TH STREET ON THE SOUTH,AND
LENOX COURT OR THE EASTERN BOUNDARY LINE OF
PROPERTIES FRONTING.THE EAST SIDE OF ALTON ROAD ON THE
EAST; AND PROVIDING FOR REPEALER, C_ONDIFICATION,
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 West Avenue/Alton Road 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' 562.1.4, 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
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 salefor alcoholic beverages (See Village of
North Palm Beach v. S'& HFoster'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).
Hours for the sale and consumption of alcoholic beverages.
West Avenue. As applicable to alcoholic beverage establishments between
Bay Road on the west, the southern boundary line of properties fronting the
south side of Lincoln Road on the north,.Alton Court on the east, and 13th
Street on the south, 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:
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:.
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).
Hours for the sale and consumption of alcoholic beverages.
i. West Avenue. As applicable to alcoholic beverage establishments between
Biscayne Bay on the west, the Lincoln Road right-of-way on the north, Alton
Court on the east, and the southern boundary of properties fronting 8th Street
on the south, 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
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:
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.
Ill. 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 6. RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY
* * *
Section 7.2.6.2 Uses (RM-3).
* *
jet Hours for the sale and consumption of alcoholic beverages.
West Avenue. As applicable to alcoholic beverage establishments between
Biscayne'Bay on the west, 15th Terrace on the north West Avenue on the east,
and 6th Street on the south, 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 door's 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:
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:
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.
M. 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 11. CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
* * *
Section 7.2.11.2 Uses (CD-2).
* * *
(e) Special regulations for alcoholic beverage establishments (CD-2)
* * *
iii. East side of Alton Road. As applicable to alcoholic beverage establishments
between Alton Road on the west, the southern boundary of properties fronting
Lincoln Road on the north, Lenox Court on the east, and 6th Street on the
south, 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. 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.
The provisions of this paragraph (e)(iii) shall not apply to any alcoholic
beverage establishment with a valid business tax receipt(BTR)or an approved
land use board order for an alcoholic beverage establishment that is issued
prior to October 31, 2023.
iv. 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)(iii)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)(iv). 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)(iii) 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.
IL 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)(iv)(3) is satisfied;
D. Specify the applicant's requested relief; and
E. Be sworn Ito 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 15. PERFORMANCE STANDARD DISTRICT(PS)
Section 7.2.15.3 Commercial Performance Standards Districts (C-PS).
* *
(c) Supplemental Use Regulations.
* * *
vi. West Avenue and east side of Alton Road: 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.
1. West Avenue.As applicable to alcoholic beverage establishments on CPS-
4 properties north of 5th Street, 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
8:00a.m.each night, notwithstanding sections 2.4.3 or 2.12.5 of this Code.
2. East side of Alton Road. As applicable to alcoholic beverage
establishments on CPS-2 properties fronting the east side of Alton Road
between 5th Street and 6th Street, alcoholic beverages shall not be offered
for sale or on-premises consumption indoors between the hours of 2:00
a.rn.and 8:00 a.m.each night,or outdoors between the hours.of 12:00 a.m.
and 8:00 a.m.,each night.
The provisions of this paragraph (c)(vi)(2) shall not apply to any alcoholic
beverage establishment with a valid business tax receipt (BTR) for an
alcoholic beverage establishment that is issued prior to October 31, 2023.
vii. 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.(c)(vi) 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 (c)(vii). 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 (c)(vi)shall be found to exist only where:
An active order of the Planning Board, an active order of the Board
of Adiustment, 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:
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 (c)(vii)(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.
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.
A
PASSED AND ADOPTED this 3 .AL......:ittf.me.u...day of �r� ,.2024.
ATTEST:
Steven Meiner, Mayor
,___-2,-g APR 1 7 2024 APPROVED AS TO
FORM AND LANGUAGE
RafaelE. Granado, City Clerk & FOR EXECUTION
CI& '00 242¢
City Attorney ', Date
Underline denotes new language
Strikethfough denotes removed language , > 8p8 _it ..
First Reading: F 'wary 21 212,rY' � s =1N[OAP OAATEa
Second Reading: • • II 3, 2024 '-
Verified By:
ThY as R. Mconey, if-
Planning
Director
T:1Agenda1202317-September 20231PIanning\Alcohol Hours of Sale on Alton Road-West Avenue-First Reading ORD.docx
Ordinances - R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: April 3,2024 .
10:15 a.m. Second Reading Public Hearing
SUBJECT:ALCOHOL HOURS OF SALE WEST AVENUE - 2:00 A.M. INDOORS EAST
SIDE OF ALTON ROAD -PROSPECTIVE 2:00 A.M.
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)"; AMENDING DIVISION 5, "RM-2 RESIDENTIAL'
MULTIFAMILY, MEDIUM INTENSITY," SECTION 7.2.5.2, "USES (RM-2),";
AMENDING DIVISION 6, "RM-3 RESIDENTIAL MULTIFAMILY, HIGH
INTENSITY," SECTION 7.2.6.2, "USES (RM-3)"; AMENDING DIVISION 11,
"CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 7.2.11.2,
"USES (CD-2)"; AND AMENDING DIVISION 15', "PERFORMANCE
STANDARD DISTRICT (PS), "SECTION 7.2.15.3, "COMMERCIAL
PERFORMANCE STANDARDS DISTRICTS (C-PS)," TO ADOPT AND/OR
AMEND HOURS FOR THE SALE AND CONSUMPTION OF ALCOHOLIC
BEVERAGES ON PREMISES AT ALCOHOLIC BEVERAGES
ESTABLISHMENTS IN THE AREA GENERALLY BOUNDED BY BISCAYNE
BAY ON THE WEST, LINCOLN ROAD. ON THE NORTH, 5TH STREET ON
THE SOUTH, AND LENOX COURT OR. THE EASTERN BOUNDARY LINE
OF PROPERTIES FRONTING THE EAST SIDE OF ALTON ROAD ON THE
EAST; 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).
On May 11, 2016, the City Commission adopted Ordinance No. 2016-4014, which amended
•the hours of.operation, as well as location and use restrictions, for alcoholic beverage
establishments located along the west side of Alton Road and east of Alton Court, from 6th
Page 598 of 1445
Street to the Collins Canal, and along the east side of West Avenue, from Lincoln Road to 17th
Street. This ordinance requires that alcoholic beverage establishments cease operations no
later than 2:00 a.m. each night and created the following additional regulations for outdoor
operations:
• Establishments with sidewalk cafe permits shall only serve alcoholic beverages at sidewalk
cafes during hours when food is served in the restaurant, shall cease sidewalk cafe operations
at 12:00 a.m., and shall not be permitted to have outdoor speakers.
• Commercial uses on rooftops shall be limited to restaurants only, shall cease operations no
later than 11:00 p.m. on weekdays and 12:00 a.m. on weekends, and shall only be permitted to
have ambient, background music.
The City Commission included an applicability clause in this ordinance that exempted any
alcoholic beverage establishment with a valid business tax receipt (BTR) or land use board
approval issued prior to May 21, 2016.
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?
The ballot question was approved by 56.52%of the voters.
ANALYSIS
The Land Development Regulations of the City Code (LDRs) permits alcoholic beverage
establishments within the CD-2 zoning district along Alton Road, as well as within the CD-2, C-
PS4, RM-2 and RM-3 districts along West Avenue.Absent appropriate regulations, these uses
could be incompatible with adjacent residential uses in the Flamingo Park and West Avenue
neighborhoods. Such establishments include restaurants, stand-alone bars, outdoor food and
beverage services, entertainment establishments, and dance halls, where alcoholic beverages
are sold and consumed.
The sale and consumption of alcoholic beverages during the early morning hours, particularly in
outdoor areas, can be disruptive to residents, as related impacts generate excessive noise, and
result in increased calls for service to the Police and Code Compliance Departments. These
impacts particularly burden the residents of the West Avenue and Flamingo Park neighborhoods
that are adjacent to such establishments.
Page 599 of 1445
Florida law grants municipalities broad authority to regulate the sale of alcoholic beverages. In
the exercise of that authority, municipalities may prohibit the sale of alcohol within certain hours
and/or within certain zoning districts. Specifically, Section 562.14, Florida Statutes, authorizes
municipalities, by ordinance, to establish hours of sale for alcoholic beverages. 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 fo
adopt the proposed legislation.
West Avenue Neighborhood
The West Avenue neighborhood is composed primarily of multifamily residential buildings, and
most of the properties fall primarily within the RM-1, RM-2 and RM-3 zoning districts, with the
exception of the northern and southern ends, which are zoned CD-2 and C-PS4 (see attached
map). The neighborhood is adjacent to the Alton Road Commercial corridor which consists of
CD-1 and CD-2 zoning districts. Within the West Avenue neighborhood, residential uses are
only separated by an alley from the Alton Road commercial districts.
On February 22, 2023, the City Commission adopted Ordinance No. 2023-4543, establishing a
uniform 2:00 a.m. termination time for the sale and consumption of alcoholic beverages
outdoors at alcoholic beverage establishments located between Biscayne Bay on the west, the
eastern boundary line of properties fronting West Avenue on the east, the 5th Street right-of-way
on the south, and the Lincoln Road right-of-way on the north. Currently, the sale and on-
premises consumption of alcohol indoors is permitted until 5:00 a.m. in this area.
The proposed ordinance would create a uniform 2:00 a.m. indoor termination time and 12:00
a.m. outdoor termination time for the sale and consumption of alcoholic beverages at alcoholic
beverage establishments along both sides of West Avenue. The 2:00 a.m. (indoors) and 12:00
a.m. (outdoor)termination of alcohol sales would apply to both new and existing establishments
between Biscayne Bay on the west, the eastern boundary line of properties fronting West
Avenue on the east, the 5th Street right-of-way on the south, and the Lincoln Road right-of-way
on the north. Additionally, the proposed ordinance includes provisions for the determination of
any vested rights for existing businesses.
Alton Road
The Alton Road corridor, between Fifth Street and Lincoln Road, is composed primarily of
commercial uses, with some limited residential, hotel and office uses. Most of the properties
along this corridor fall within the CD-2, CD-1 and RO zoning districts, with the exception of the
northern and southern ends, which are zoned CD-3 and C-PS2 (see attached map).
The Flamingo Park neighborhood, located immediately east of the Alton Road corridor, is a
locally designated historic district that is composed primarily of low intensity multifamily and
single-family residential buildings. On some blocks, residential uses immediately abut the Alton
Road commercial districts, while on other blocks residential uses are separated only by an alley
from the commercial districts.
The proposed ordinance provides a prospective 2:00 a.m. indoor termination time and 12:00
a.m. outdoor termination time for the sale and consumption of alcoholic beverages at new
alcoholic beverage establishments along the east side of Alton Road, between 5th Street and
Lincoln Road in the CD-2 district. Establishments with existing 5:00 a.m. licenses would be
permitted to continue serving alcohol until 5:00 a.m.
Page 600 of 1445
The proposed ordinance would also create parity between the east and west sides of Alton
Road. A 2:00 a.m. indoor termination time for alcohol sales for new alcoholic beverage
establishments in the CD-2 district along the west side of Alton Road, between 5th Street and
Collins Canal, has been in place since 2016.
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). The Planning Board
also recommended the following:
1. The C-PS4 district north of 5th Street be added to the ordinance, as the intent of the
ordinance is to include the areas north of Fifth Street.
2. Establishments located east of Alton Road in the CD-2 zoning district should be exempt from
the new time restrictions if they have an approved land use board order that was issued no later
than October 30, 2023, as follows:
"The provisions of this paragraph (e)(iii) shall not apply to: i. any alcoholic beverage
establishment with a valid business tax receipt (BTR) for an alcoholic beverage establishment
that is issued prior to October 30, 2023; ii. an alcoholic beverage establishment located east of
Alton Road in the CD-2 zoning district with an approved land use board order for an alcoholic
beverage establishment that was issued prior to October 30, 2023."
The ordinance has been updated to include the C-PS4 district north of Fifth Street, as the intent
of the legislation is to include districts north of Fifth Street. However, the recommendation
regarding an additional exception for establishments with a land use board order was not
included in the ordinance for First Reading.
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://www.miamibeachfl.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
Page 601 of 1445
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?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
❑ Ordinance
❑ Map
❑ BIE Statement SIGNED
Page 602 of 1445
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and Lenox Avenue
Page 618 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 66or_edk AZaad14;.,
MEETING DATE: January 31, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
ALCOHOL HOURS OF SALE ON ALTON ROAD AND WEST AVENUE
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)";
AMENDING DIVISION 5, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM
INTENSITY," SECTION 7.2.5.2, "USES (RM-2),"; AMENDING DIVISION 6, "RM-
3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," SECTION 7.2.6.2, "USES
(RM-3)"; AMENDING DIVISION 11, "CD-2 COMMERCIAL, MEDIUM INTENSITY
DISTRICT," SECTION 7.2.11.2, "USES (CD-2)"; AND AMENDING DIVISION 15,
"PERFORMANCE STANDARD DISTRICT (PS), "SECTION 7.2.15.3,
"COMMERCIAL PERFORMANCE STANDARDS DISTRICTS (C-PS)," TO
ADOPT AND/OR AMEND HOURS FOR THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES ON PREMISES AT ALCOHOLIC BEVERAGES
ESTABLISHMENTS IN THE AREA GENERALLY BOUNDED BY BISCAYNE
BAY ON THE WEST, LINCOLN ROAD ON THE NORTH, 5TH STREET ON THE
SOUTH, AND LENOX COURT OR THE EASTERN BOUNDARY LINE OF
PROPERTIES FRONTING THE EAST SIDE OF ALTON ROAD ON THE EAST;
AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
Is a Business Impact Estimate Required?
11. 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;
C] The proposed Ordinance relates to the issuance or refinancing of debt;
Cl The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
LI 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
Page 619 of 1445
January 31, 2024
Page 2
financial assistance accepted by the City;
❑ The proposed Ordinance is an emergency ordinance;
El The Ordinance relates to procurement; or
21 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
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 620 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:
Page 621 of 1445