2007-3556 Ordinance
ORDINANCE NO. 2007-3556
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 6 OF THE MIAMI
BEACH CITY CODE ENTITLED "ALCOHOLIC
BEVERAGES" BY AMENDING ARTICLE I THEREOF
ENTITLED "IN GENERAL," BY AMENDING SECTION 6-3
ENTITLED "HOURS OF SALE," BY PROVIDING FOR
EXTENDED HOURS OF ON-PREMISES CONSUMPTION
OF ALCOHOLIC BEVERAGES FOR CERTAIN
ALCOHOLIC BEVERAGE ESTABLISHMENTS WITH A
5:00 A.M. LIQUOR LICENSE AND UNDER CERTAIN
SPECIFIED CONDITIONS ON JANUARY 1st (NEW
YEAR'S DAY), DURING OTHER MAJOR EVENT DAYS
AND WEEKENDS AS MAY BE DESIGNATED BY THE
CITY COMMISSION OR BY THE CITY MANAGER
FOLLOWING APPRO V AL BY THE CITY COMMISSION,
AND ON THE FIRST DAY OF DAYLIGHT SAVINGS TIME
IN THE SPRING; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach is an international tourist destination known for its
many attributes including its vibrant nightlife; and
WHEREAS, the festivities on New Year's Eve and during other major event days and
weekends in the City carry over into the early hours of the morning; and
WHEREAS, in order to address the special circumstances for celebration which occur on
New Year's Eve, and during other major event days and weekends within the City of Miami
Beach, and to codify an established policy of allowing alcoholic beverage establishments with a
5:00 a.m. liquor license to continue to sell and serve alcoholic beverages for on-premises
consumption until 7:00 a.m. on New Year's Day, the following amendments are proposed to the
City's alcoholic beverage provisions.
NOW, THEREFORE, BE IT DUL Y ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 6, entitled "Alcoholic Beverages" of the Miami Beach City Code is hereby
amended as follows:
CHAPTER 6
ALCOHOLIC BEVERAGES
ARTICLE I. IN GENERAL
*
*
*
Sec. 6-3. Hours of sale.
The hours of sale of alcoholic beverages shall be according to the following schedule, except as
may be otherwise provided pursuant to subsection (7):
(1) Retail stores for package sales only, either as permitted main or accessory uses. Vendors
having a license from the state division of alcoholic beverages and tobacco for the sale of liquor
and other alcoholic beverages for consumption off the premises shall only offer for sale alcoholic
beverages within the hours of 8:00 a.m. and midnight on any day of the week.
(2) Retail stores, including grocery and convenience stores, and gasoline service/filling
stations, either as permitted main or accessory uses, which primarily offer for sale products other
than alcoholic beverages may make sales of beer and wine in sealed containers for consumption
off the premises between the hours of8:00 a.m. and midnight on any day of the week.
(3) Off-premises package sales shall be permitted between the hours of 8:00 a.m. and
midnight, for all establishments licensed as alcoholic beverage establishments.
a. Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments (midnight to 5 a.m.), but not operating as dance halls or
entertainment establishments, may remain open 24 hours a day; however, alcoholic
beverages may not be offered for sale or on-premises consumption between the hours of
5 a.m. and 8 a.m.
b. Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments (midnight to 5 a.m.), and also operating as dance halls, or
entertainment establishments, may remain open 24 hours a day; however, alcoholic
beverages may not be offered for sale or on-premises consumption between the hours of
5 a.m. and 8 a.m., and dancing and entertainment shall not be conducted between the
hours of 5 a.m. and 10 a.m.
c. Other alcoholic beverage establishments (midnight to 5 a.m.), not contammg
restaurants with full kitchen facilities, shall close at 5:00 a.m. and keep closed the place
of business and not allow any patron or other persons, other than those employed by the
vendor, to remain therein between the hours of5:00 a.m. and 8:00 a.m.
2
Note: For purposes of this section, full kitchen facilities shall mean having commercial grade
burners, ovens and refrigeration units of sufficient size and quantity to accommodate the
occupancy content of the establishment. Full kitchen facilities must contain grease trap
interceptors, and meet all applicable city, county and state codes.
(4) Off-premises package sales shall be permitted between the hours of 8:00 a.m. and 11:00
p.m., for all establishments licensed as alcoholic beverage establishments.
(5) Private clubs, either as a permitted main or accessory use, shall be considered pursuant to
section 6-2(a). Hours of operation and the consumption of alcoholic beverages will be considered
between the hours of 8:00 a.m. and 5:00 a.m., Monday through Sunday, provided that service is
made only to members and guests of members pursuant to Florida Statutes. However, any private
club permitted to remain open after 2:00 a.m. shall purchase an extra-hours license and must
provide for security in its premises by hiring private security guards or off-duty police officers
between the hours of 2:00 a.m. and 5:00 a.m. each day. Private clubs securing a license from the
state division of alcoholic beverages and tobacco by complying with the requirements of F.S. S
561.20 for racquetball, tennis or golf course facilities may admit members at any time for use of
such facilities, but may not serve alcoholic beverages after 2:00 a.m. each day unless such
private club is the holder of an extra-hours license and complies with the above requirements.
(6) Upon a finding by the special master that a violation of this section has occurred, the city
may initiate proceedings to revoke the certificate of use, occupational license, or certificate of
occupancy of the violator. In addition, this section may be enforced and violations may be
punished as second degree misdemeanors, as provided in F.S. SS 775.082 and 775.083.
ill Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to
remain open to serve alcoholic beverages for on-premises consumption until 5:00 a.m. may
continue to serve alcoholic beverages i) until 7:00 a.m. on January 1 st (New Year's Day) or, if
January 1 st is on a Sunday, until 7:00 a.m. on Monday if the day that is observed as a national
holiday for New Year's Day is on Monday, and ii) until 7:00 a.m. during certain maior event
days or weekends as may be designated by the city commission or as may be designated by the
city manager following approval by the City Commission, and iii) until 6:00 a.m. on the first day
of Daylight Savings Time in the spring, under the following conditions:
a. The police department and the code compliance division of the city must be
notified by a letter, received no later than fifteen (15) business days prior to either
a) January 1 st or b) the day on which alcohol sales are to be extended, stating that
the alcoholic beverage establishment intends to serve alcoholic beverages for on-
premises consumption until 7:00 a.m. pursuant to 6 3(7)(i) or (ii), or until 6:00
a.m. pursuant to 6 3(7)(iii);
b. If deemed reasonably necessary by the police chief, or the police chief's designee,
off-duty police officers must be provided at the alcoholic beverage establishment
until 7:00 a.m. pursuant to 6 3(7)(i) or (ii), or until 6:00 a.m. pursuant to 6
3(7)(iii);
3
c. There are no pending city Code violations against the alcoholic beverage
establishment;
d. No delinquent or past due monies are owed to the city;
e. Outdoor entertainment or open-air entertainment is not allowed;
f. No violation of the city's noise ordinance shall be permitted;
&. No violation of the approved fire code occupancy load shall be permitted;
h. All required city permits and licenses are current;
1. The State of Florida alcoholic beverage license is current; and
1:. Any other conditions required by the city manager in order to protect the public
health, safety, or welfare.
Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to remain open
to serve alcoholic beverages for on-premises consumption until 5:00 a.m. may continue to serve
alcoholic beverages until 6:00 a.m. on the first day of Daylight Savings Time in the spring.
ill The city manager may suspend the provisions of subsection (7) at any time to protect the
public health, safety, or welfare.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. 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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-Iettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
4
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SECTION 5. Effective Date.
This Ordinance shall take effect the 21st day of April
,2007.
PASSED and ADOPTED this 11 th day of
, 2007.
ATTEST:
Jlliu} PtU~
CITY CLERK
APPROVED AS TO
fORft.o\ & LANGUAGE
& FOR EXECUTION
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F:\atto\TURN\ORDINANC\A1coholic Beverages Ordinance #2.doc
5
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance of the Mayor and City Commission amending Chapter 6 of the Miami Beach City Code entitled "Alcoholic
Bevera es".
Ke Intended Outcome Su orted:
Make city more business friendly.
Issue:
Shall the Mayor and City Commission amend Chapter 6 of the Miami Beach City Code entitled "Alcoholic Beverages" by
amendin article 1 rovidin for extended hours of on- remises consum tion of alcoholic bevera es~
Item SummarvlRecommendation:
Since 2000, the City Commission has been allowing alcoholic beverage establishments which hold 5 a.m. occupational
licenses to extend their hours of operation to 7 a.m. on New Year's Day and on certain other specific day(s). Following an
increase in the number of days requested, and concerns with the impacts on the community, since 2003, the extension of
hours has only been approved for New Year's Day. This approval has been done each year by resolution imposing certain
conditions. The businesses appreciate the opportunity to extend their hours and it gives the patrons an opportunity to
continue the celebration of the New Year. Historically, the NITE Task Force has supported the extension. The proposed
ordinance will codify the extension of hours for New Year's Day only after certain conditions are met (e.g. the police
department and code division of the city must be notified by letter, received no later than fifteen (15) business days prior to
either January 1 st or the day for which alcohol sales are to be extended, all occupational and state beverage licenses must
be current, no pending City Code violations, no delinquent or past due monies owed to the city, no outdoor or open-air
entertainment allowed, no violations of the noise ordinance shall be permitted, and any other conditions deemed necessary
by the city manager, etc.). At the time of approval at first reading, the item was referred to the Neighborhoods/Community
Affairs Community for their discussion and review of suggested provisions in the ordinance. Subsequently, the ordinance
has been amended since first reading to also permit that hours be extended on New Years Day "observed," when the
observed day occurs on a Monday, in addition to New Year's Day. In addition, following the suggestion of representatives
from the nightlife industry, it was requested and subsequently amended that there will be an extension of one (1) hour
provided to businesses with 5am licenses on the one day in Spring when Daylight Savings Time is triggered, to offset the
loss of the hour of business. Lastly, the ordinance was amended to include a provision that would permit the City Manager
or Commissioners to request Commission approval for the extension of hours on other days. These extensions would be
subject to the conditions of the New Year's Eve extension (listed above). It is recommended that the Commission approve
this item on second readinq.
Adviso Board Recommendation:
The Neighborhoods/Community Affairs Committee reviewed the item at their meeting of 3/28/07. At that time, the
committee accepted the recommendation from staff that an extension of hours also be permitted for New Year's day
observed, when this occurs on a Monday. In addition, the considered and approved the inclusion of the extension of one
hour for eligible businesses with a 5am alcoholic beverage license on the day in Spring when Daylight Savings Time occur.
In addition, they approved language that would permit the manager or Commission to bring to the Commission any other
recommended da s for extensions, for the full Commission's consideration and a roval.
Financial Information:
Source of Funds: Amount Account Approved
1
I I 2
eSPI Total
Financial Impact Summary: Any fiscal impact from the adoption of this ordinance would be primarily related to
overtime costs by Police, Code Compliance and Sanitation. Since these departments work an enhanced schedule for New
Year's (a major event period - MEP), the additional costs to implement this amendment would be minimal. Of course,
should the extension be granted for non-MEP weekends, there may be additional costs associated with code
compliance/police staffing to ensure the provisions of the ordinance are appropriately followed.
Cit Clerk's Office Le islative Trackin :
Vivian P. Guzman, Director, Neighborhood Services Department
Si n-Offs:
Department Director
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MIAMIBEACH
AGENDA ITEM
DATE
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<i-I 1-07
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM:
Jorge M. Gonzalez, City Manager ~
April 11, 2007 0 U
SECOND READING
PUBLIC HEARING
DATE:
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE MIAMI BEACH CITY CODE
ENTITLED "ALCOHOLIC BEVERAGES" BY AMENDING ARTICLE 1 THEREOF
ENTITLED "IN GENERAL," BY AMENDING SECTION 6-3 ENTITLED "HOURS OF
SALE," BY PROVIDING FOR EXTENDED HOURS OF ON-PREMISES
CONSUMPTION OF ALCOHOLIC BEVERAGES FOR CERTAIN ALCOHOLIC
BEVERAGE ESTABLISHMENTS AND UNDER CERTAIN SPECIFIED CONDITIONS
ON JANUARY 1 ST (NEW YEAR'S DAY) AND DURING OTHER MAJOR EVENT DAYS
AND WEEKEND; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
Since 2000, the City Commission has been allowing alcoholic beverage establishments that hold
5:00 a.m. occupational licenses to extend their hours of operation to 7 a.m. on New Year's Day.
This has been done each year by resolution imposing certain conditions. These conditions
include:
1) the Police Department and the Code Compliance Division of the City must be notified by
letter, received no later than fifteen (15) business days prior to either a) January 1 sl or b)
the day on which the alcohol sales art to be extended, stating that the alcoholic beverage
establishment intends to serve alcoholic beverages for on-premises consumption until 7:00
a.m.;
2) If deemed reasonable necessary by the Police Chief, or the Police Chiefs Designee, off-
duty police officers must be provided at the alcoholic beverage establishment until 7:00
a.m.;
3) There are no pending City Code violations against the alcoholic beverage establishment;
4) No delinquent or past due monies are owed to the City;
5) Outdoor entertainment or open-air entertainment is not allowed;
6) No violation of the City's noise ordinance shall be permitted;
7) No violation of the approved fire code occupancy load shall be permitted;
8) All required City permits and licenses are current;
9) The State of Florida alcoholic beverage license is current; and
10) Any other conditions required by the City Manager in order to protect the public health,
safety or welfare.
The City Manager may suspend the extension at any time to protect the public safety, health or
welfare.
The businesses appreciate the opportunity to extend their hours and it gives the patrons an
opportunity to continue the celebration of the New Year. Historically, the NITE Task Force has
supported the extension.
On February 14, 2007, the City Commission considered and approved on first reading a proposed
ordinance that would amend existing Code to permit alcoholic beverage establishments which hold
5:00 a.m. occupational licenses to extend their hours of operation to 7 a.m. on New Year's Day. At
the time that the item was discussed, it was requested that the item be referred to the
Neighborhoods/Community Affairs Committee prior to the second reading, public hearing of the
item. Specifically, the item was approved on first reading with the following recommendations from
the City Manager and Commissioners:
1) Refer the item to committee in order to further discuss the City Manager's extended
authority, in terms of what other types of events may be permitted;
2) Add language that would require the City Manager to consult with the City Commission for
events other than New Year's Day; and
3) Address whether additional concessions should be provided should January 1 st fall on a
weekend.
ANAL YSIS
Attached for your reference a listing of the extension of hours that have been approved since 2000
(Exhibit A). As you will note, the Commission revisited the issue and since 2003 has only
approved the extension for New Year's Day. While the Administration does not anticipate
recommending additional days for the extension of hours, flexible language in the ordinance
provides a mechanism for an extension of hours to be considered and subsequently submitted for
the Commission's consideration and approval via a resolution. As discussed at the
Neighborhoods/Community Affairs Committee, a request for the extension of hours may be placed
on the agenda by the City Manager or a Commissioner, for the Commissions consideration. This
will provide the Commission with an opportunity to consider the circumstances surrounding any
request for the extension of hours for any other period, and select whether or not to grant that
approval. The proposed ordinance has been amended to reflect this process.
The Neighborhoods/Community Affairs Committee also considered and approved an amendment
to the ordinance (Section 6.3 (7)(i) to permit the extension of hours to include a Monday, when
that Monday is the national holiday observed for a New Year's Day that falls on a Sunday. In that
particular situation, the extension of hours would occur until 7:00 a.m. on Sunday (New Year's
Day) and until 7:00 a.m. on Monday (New Year's Day, observed).
Lastly, the Neighborhoods/Community Affairs Committee also considered a request from our
nightlife industry that consideration be given to allow businesses with 5:00 a.m. licenses to extend
their hours of operation for one (1) additional hour on the first day of daylight savings time each
Spring, due to the change oftime causing these businesses to lose one hour of operation. As you
know, during the Fall adjustment for Daylight Savings Time, our businesses automatically benefit
from one additional hour of beverage sales. This language has been incorporated into the
proposed ordinance.
The proposed ordinance was shared with the NITE Task Force.
FISCAL IMPACT
Any fiscal impact from the adoption of this ordinance would be primarily related to overtime costs
by the Police Department, Neighborhood Services' Code Compliance Division and the Sanitation
Division. Since these departments work an enhanced schedule for New Year's (a major event
period - MEP), the additional costs to implement this amendment would be minimal. Of course,
should the extension be granted for non-MEP weekends, there may be additional costs associated
with code compliance/police staffing to ensure the provisions of the ordinance are appropriately
followed.
CONCLUSION
As of last year, there have not been any major issues that would lead the Administration to
recommend against this amendment, including those provisions that have been added since the
first reading. Additionally, many NITE Task Force members have stated that they lose revenue to
clubs across the bay that have extended hours throughout the year. The Administration
recommends approval of the Ordinance on second reading.
JMG/HMF
T:IAGENDA\2007\apr11 07\RegularlAlcBevExtHrs 2nd rdg memo.doc
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e MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the
Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, April 11, 2007, to consider the following:
, 10:15 a.m.
An Ordinance Amending Ordinance No.789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The Classifications
In Group III, Represented By The International Association Of Firefighters (IAFF) In Accordance With The Negotiated Agreement; Effective In The First Pay Period
ending In October Of 2006, There Shall Be An Across The Board Wage Increase Of Six Percent (6%), And The Minimum And Maximum Of Each Pay Range Will
Also Be Increased By Six Percent (6%); Effective With The First Pay Period Ending In October Of 2007, There Shall Be An Across The Board Wage Increase Of
Ave Percent (5%), And The Minimum And The Maximum Of Each Pay Range Will Also Be Increased By Five Percent (5%); Effective In The First Pay Period
Ending In October 2008, There Shall Be An Across The Board Wage Increase Of Four Percent (4%), And The Minimum And Maximum Of Each Pay Range Will
Also Be Increased By Four Percent (4%); Repealing All Ordinances In Conflict.
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
10:16 a.m. _
An Ordinance Amending Ordinance No. 1335, The Classified Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment Of
Annual And Sick Leave For The International Order Of Firefighters (IAFF).
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
10:17 a.m.
An Ordinance Amending Article V, Occupational License Tax, Sections 102-356 Through 102-385 Thereof, By Changing The Term "Occupational License Tax"
To "Local Business Tax"; Defining The Term "Receipt" As It Relates To Business Taxes; All Such Amendments Amending Provisions In The Aforementioned City
Code Sections To Conform With The Recent Amendment To Chapter 205, Florida Statutes (Pursuant To Chapter 2006-152, Laws Of Florida, And House Bill No.
,1269)
Inquiries may be directed to the Finance Department at (305) 673- 7 466.
. '10:18 a.m.
An Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 118 "Administration And Review Procedures," Article II
"Boards," Division 5 "Board Of Adjustment" Section 118-131 "Membership" To Change The Term Of The Board Membership From One To Two Years.
Inquiries may be directed to the Planning Department at (305) 673,7550.
10:20 a.m.
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 118, "Administration And Review Procedures," Article VIII,
"Procedure For Variances And Administrative Appeals", Section 118-353 'Variance Applications," To Prohibit Variances For The Maximum Number Of Stories,
Or Any Maximum Building Height Variance Greater Than Three (3) Feet.
Inquiries may be directed to the Planning Department at (305) 673-7550.
X 10:30 a.m. .
. . An Ordinance Amending Chapter 6 Of The Miami Beach City Code Entitled 'A1col1olic Beverages" By Amending Article I Thereof Entitled "In General," By
Amending Section 6-3 Entitled "Hours Of Sale," By Providing For Extended Hours Of On-Premises Consumption Of Alcoholic Beverages For Certain Alcoholic
Beverage Establishments And Under Certain Specified Conditions On January 1 st (New YEar's Day), And During Other Major Event Days And Weekends As May
Be Designated By The City Manager.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
10:45 a.m.
An Ordinance Amending Miami Beach City Code Chapter 18 Entitled "Businesses" By Repealing Article XV Thereof Entitled "Street Performers And Art
Vendors," And Replacing Therewith A New Article XV Entitied "Street Performers And Art Vendors," Authorizing Street Performers And Art Vendors On "Lincoln
Road" (As Defined Herein) Following Receipt 01 A Permit Subject To Certain Conditions And Permit Fees; Providing Definitions, Setting Forth Terms, Conditions
And Regulations For Permits Issued To Street Performers And Art Vendors; Providing For Enforcement, Suspension Or Revocation.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
INTERESTED PARTIES 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, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for
pubUc inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 st Floor, City Hall, and Miami Beach, Florida 33139.
This meeting may be continued and under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with
I respect to any matter considered at its meeting or its hearing, such person must ensure 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 evidoce, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to
review any document or participate in any city,sponsored proceeding, please contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance to
Initiate your request. m users may also call 711 (Florida Relay Service).
Ad 1/431
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:z:
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i:
w
:z:
....
E
8
-0
;;;
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~