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2000-23945 RESO RESOLUTION NO. 2000-23945 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM THROUGH AND INCLUDING JULY 31, 2000, ON THE ENFORCEMENT OF CERTAIN RESTRICTIONS ON DANCE HALL HOURS OF OPERATION, FOR DANCE HALLS THAT DO NOT ALSO OPERATE AS ALCOHOLIC BEVERAGE ESTABLISHMENTS, TO ALLOW OPERATION BETWEEN THE HOURS OF 10 P.M. FRIDAY TO 12 NOON SATURDAY, FROM 10 P.M. SATURDAY TO 12 NOON SUNDAY, AND FROM 10:00 P.M. ON ANY DAY PRECEDING A NATIONAL HOLIDAY TO NOON ON THE NATIONAL HOLIDAY, EXCEPT THAT IF ANY PRE-SCHOOL TO HIGH SCHOOL THAT IS LOCATED WITHIN 300 FEET OF ANY SUCH ESTABLISHMENT IS IN SESSION ON THE NATIONAL HOLIDAY, THEN THE CURRENT HOURS OF OPERATION ON NATIONAL HOLIDAYS APPLY; THE MORATORIUM SHALL AUTOMA TICALL Y DISSOL VE UPON THE EARLIER OF AUGUST 1,2000, OR UPON THE ADOPTION OF AMENDMENTS TO THE DEFINITION OF DANCE HALL UNDER SECTION 114-1 OF THE MIAMI BEACH CITY CODE TO CODIFY THE TERMS OF THE MORATORIUM. WHEREAS, the Miami Beach City Commission has referred to the Planning Board consideration of an amendment to the definition of Dance Hall under Section 114-1 of the Miami Beach City Code, which amendment, if adopted, would extend the hours of operation for Dance Halls, not operating as alcoholic beverage establishments, from 4:00 a.m. through 9:00 a.m. on Saturdays, Sundays, and national holidays, to permit operation between the hours of 10 p.m. on Friday to 12 noon on Saturday, from 10 p.m. on Saturday to 12 noon on Sunday, and from 10:00 p.m. on any day preceding a national holiday to noon on the national holiday, except that if any pre- school to high school that is located within 300 feet of any such establishment is in session on the national holiday, then the current hours of operation on national holidays apply; and WHEREAS, pending the consideration and possible adoption of new legislation by the City Commission addressing the proposed new extended hours of operation for Dance Halls, not operating as alcoholic beverage establishments, the City Commission deems it in the best interest and welfare of the City to impose a temporary moratorium on the enforcement of Dance Hall hours of operation provisions so as to permit their operation between 10 p.m Friday to 12 noon Saturday, and 10 p.m. Saturday to 12 noon Sunday and from 10:00 p.m. on any day preceding a national holiday to noon on the national holiday, except that if any pre-school to high school that is located within 300 feet of any such establishment is in session on the national holiday, then the current hours of operation on national holidays apply, in order to consider and fully implement, if adopted, new legislation to modify the hours of operation for such establishments in the City. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that a temporary moratorium is hereby imposed through and including July 31, 2000 on the enforcement of the hours of operation restrictions for Dance Halls, which do not also operate as alcoholic beverage establishments, so as to allow their operation between the hours of 10 p.m Friday to 12 noon Saturday, from 10 p.m. Saturday to 12 noon Sunday, and from 10:00 p.m. on any day preceding a national holiday to noon on the national holiday, except that if any pre-school to high school that is located within 300 feet of any such establishment is in session on the national holiday, then the current hours of operation on national holidays apply, in order to consider and fully implement, if adopted, proposed amendments to the Miami Beach City Code amending the definition and hours of operation for Dance Halls that do not operate as alcoholic beverage establishments. PASSED AND ADOPTED this 24th day of May ,2000. ATTEST: ~~ MAYOR f olu1d' ead~-~, CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ 5fi(!J CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ON CITYWIDE MORATORIUM ON THE ENFORCEMENT OF CERTAIN HOURS OF OPERATION PROVISIONS PERTAINING TO DANCE HALLS THAT DO NOT ALSO OPERATE AS ALCOHOLIC BEVERAGE ESTABLISHMENTS NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Miami Beach, Florida, on Wednesday, May 24, 2000 at 5:01 p.m., or as soon thereafter as possible, in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. During this meeting, the City Commission will hold a public hearing to consider the following: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIA.MI BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM THROUGH AND INCLUDING JULY 31, 2000, ON THE ENFORCEMENT OF CERTAIN RESTRICTIONS ON DANCE HALL HOURS OF OPERATION, FOR DANCE HALLS THAT DO NOT ALSO OPERATE AS ALCOHOLIC BEVERAGE ESTABLISHMENTS, TO ALLOW OPERATION BETWEEN THE HOURS OF 10 P.M. FRIDAY TO 12 NOON SATURDAY, FROM 10 P.M. SATURDAY TO 12 NOON SUNDAY, AND FROM 10:00 P.M. ON ANY DAY PRECEDING A NATIONAL HOLIDAY TO NOON ON THE NATIONAL HOLIDAY, EXCEPT THAT IF ANY PRE-SCHOOL TO HIGH SCHOOL THAT IS LOCATED WITHIN 300 FEET OF ANY SUCH ESTABLISHMENT IS IN SESSION ON THE NATIONAL HOLIDAY, THEN THE CURRENT HOURS OF OPERATION ON NATIONAL HOLIDAYS APPLY; THE MORATORIUM SHALL AUTOMATICALLY DISSOL VE UPON THE EARLIER OF AUGUST 1,2000, OR UPON THE ADOPTION OF AMENDMENTS TO THE DEFINITION OF DANCE HALL UNDER SECTION 114-1 OF THE MIAMI BEACH CITY CODE TO CODIFY THE TERMS OF THE MORATORIUM. All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission of the City of Miami Beach c/o the City Clerk, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139. A copy of this Resolution is available for public inspection during normal business hours in the City Clerk's Office. Inquiries may be directed to the Code Compliance Department at (305) 673-7555. The above item may be continued at this meeting and, under such circumstances, additional legal notice would not be provided. Any person may contact the City Clerk at (305) 673-7411 for information as to the status of this item as a result of the meeting. Pursuant to Section 286.0 I 05, Fla. Stat., the City hereby advises the public that: If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such person must insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeal,S not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, all persons needing special accommodation to participate in this proceeding should contact the City Clerk's Office no later than two days prior to the proceeding, telephone (305) 673-7411 for assistance; if hearing impaired, telephone Florida Relay Service numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. c.' ~ffb- /:J1I m CITY OF MIAMI BEA~ I 7 OFFICE OF THE MAYOR & COMMISSION MEMORANDUM :'dilJ:57 i~, TO: LAWRENCE LEVY CITY MANAGER FROM: MURRAY DUB BIN CITY ATTORNEY SIMON CRUZ V. COMMISSIONER DATE: May 17,2000 RE: As you are aware, I have proposed an ordinance amending the hours of operation of Juice Bars which is pending discussbn before the Planning Board. Until the issue is addressed and resolved, it is my desire to propose a temporary moratorium on the enforcement of Ordinance 114-1 "Dance Hall", (which presently restricts the hours of operation from 4am to 9am.), whereby such establishments could remain open between the hours of9am and 12 noon on Saturdays and Sundays only. SC/ci c: Robert Dixon Deputy City Attorney Gary Held First Assistant City Attorney Ronnie Singer Executive Assistant to City Manager OFFICE OF THE CITY ATTORNEY ~ tfJl(iomi 1/mm F L o R o A MURRA Y H. DUB BIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO.:r- 33- 00 TO: Mayor Neisen O. Kasdin and Members of the City Commission Murray H. Dubb~nll . \\ JV City Attorney I\JV\ ~ DATE: May 25, 2000 FROM: SUBJECT: RESOLUTION ESTABLISHING A TEMPORARY MORATORIUM THROUGH AND INCLUDING JULY 31, 2000, ON THE ENFORCEMENT OF CERTAIN RESTRICTIONS ON DANCE HALL HOURS OF OPERATION, FOR DANCE HALLS THAT DO NOT ALSO OPERATE AS ALCOHOLIC BEVERAGE ESTABLISHMENTS, TO ALLOW OPERATION BETWEEN THE HOURS OF 10 P.M. FRIDAY TO 12 NOON SATURDAY, FROM 10 P.M. SATURDAY TO 12 NOON SUNDAY, AND FROM 10:00 P.M. ON ANY DAY PRECEDING A NATIONAL HOLIDAY TO NOON ON THE NATIONAL HOLIDAY, EXCEPT THAT IF ANY PRE-SCHOOL TO HIGH SCHOOL THAT IS LOCATED WITHIN 300 FEET OF ANY SUCH ESTABLISHMENT IS IN SESSION ON THE NATIONAL HOLIDAY, THEN THE CURRENT HOURS OF OPERATION ON NA TIONAL HOLIDAYS APPLY. Pursuant to the request of Commissioner Simon Cruz, the above referenced Resolution is submitted for consideration by the Mayor and City Commission. cc: Lawrence A. Levy City Manager F:\A1TOm IRN\CllMMMEMO\DANCEHAJ ._MllR )ate 1700 Convention Center Drive -- Fourth Floor -- . \genda Item K (e S-L'{---OD