Ordinance "Alcoholic Beverages"ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA; AMENDING THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 6, ENTITLED "ALCOHOLIC
BEVERAGES", SECTION 6-4, ENTITLED "LOCATION AND
USE RESTRICTIONS", BY PERMITTING BEER AND WINE TO
BE SOLD IN MOTION PICTURE THEATERS SUBJECT TO
CONDITIONAL USE APPROVAL; PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the Code of the City of Miami Beach specifies location and use
restrictions on motion picture theaters located within the City; and
WHEREAS, the Code currently prohibits alcoholic beverages from being sold or
offered for consumption in motion picture theaters; and
WHEREAS, the City Commission deems it advisable to permit sales of beer and
wine o~ within motion picture theaters located in high intensity commercial districts
of the city, subject to Conditional Use approval by the Planning Board; and
WHEREAS, the City Commission deems it advisable to limit the applicability of
this amended Sec. 6-4 (a)(4) to motion picture theaters in CD-3 Commercial Hieh
Intensity Districts containing at least twelve (12) movie theater auditoriums and at least
50,000 sq. ft. in total floor area.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION I. That Section 6-4, entitled "Location and use restrictions", of Chapter 6,
entitled "Alcoholic Beverages", of the Code of the City of Miami Beach, Florida is hereby
amended to read as follows:
Sec. 6-4. Location and use restrictions.
(a) Generally. The following location and use restrictions are applicable for facilities
selling or offering alcoholic beverages for consumption:
(1) Educational facilities. No alcoholic beverage shall be sold or offered for
consumption in a commercial use within 300 feet of any property used as a public or
private school operated for the instruction of minors in the common branches of learning.
Except for uses in the civic and convention center (CCC) district, hospital (HD) district or
within 300 feet of a marina.
(2) Places of worship. No alcoholic beverage shall be sold or offered for consumption
in a commercial use, except in restaurants for consumption on the premises, within 300
feet of any property used as a place of worship.
(3) Retail stores for off-premises consumption. The minimum distance separation
between retail stores primarily selling alcoholic beverages for consumption off the
premises as a main permitted use shall be 300 feet.
(4) Motion picture theater. No alcoholic beverages shall be sold or offered for
consumption in any motion picture theater or in any room opening directly or indirectly
into or in connection with any motion picture theater, except beer and wine only maybe
served in motion picture theaters containing at least twelve (12) movie theater auditoriums
and 50,000 sq. ft. of floor space that are located in CD-3 Commercial, High Intensity
Districts, subiect to Conditional Use approval as provided for in Section 118, Article IV
of this Code and subiect to the review criteria listed in Section 142-1362(a) of the
Land Develoument Regulations of the City Code, or the review criteria listed in
Section 118-192(b), Citv Code, where such uses include new construction or
substantial modification of new or existing structures 50,000 square feet and over.
Under no circumstances shall this provision allowing beer and wine sales in motion
picture theaters apply to adult motion picture theaters or adult entertainment
establishments as defined in Section 6-36 of this Code, and this sentence shall not be
subject to variance as otherwise provided in this Code. Motion picture theaters shall not
be permitted to operate between the hours of 3:00 a.m. and 8:00 a.m., except that motion
picture theaters may apply for up to three special event permits from the City per calendar
year to operate during such hours. Any Conditional Use approval granted pursuant to this
section shall be subject to the following;
(i) Alcohol will not be permitted or served in any theater auditorium.
(ii) All alcoholic beverages must be served from one concession stand re ie ster
or cafe located within the designated alcohol consumption area only after the register clerk
verifies guest identification and age.
(iii) Guests age 21 years and older may only purchase one alcohol beverage per
identification evidencing 21 years of age or older presented at the time of purchase.
(iv) The designated alcohol beverage consumption area must be clearly
designated as such and enclosed by either a rope or other barrier from sun•ounding
common guest areas.
(v) Guests consuming alcohol beverages within the designated area must wear
an identifiable wristband or hand stamp clearly indicating that such guest is at least 21
years of age. Such wristbands or hand stamps may only be provided to individual guests
appearing in person after a theater employee verifies guest identification.
(vi) All alcoholic beverages must be served in clear containers or the original
alcohol beverage container as originallypackaged.
(vii) Alcoholic beverages may not be consumed or carried beyond the boundary
limits of the designated alcohol consumption area.
{viii) Alcoholic beverage sales and consumption on premises may not be
made unless at least 50% of the movie theater auditoriums are open to the public
and in operation during the period that alcoholic beverages are being offered for sale
and consumption.
(ix) Alcoholic beverage sales must be accessory to and incidental to the sale of
edibles from the concession stand or cafb within the designated alcohol consumption
area.
{x) Alcoholic beverage sales must cease at 11:OOPM and the designated
alcoholic beverage consumption area must be closed to the public no later than
midnight.
(5) Filling station. No liquor shall be sold or offered for consumption on or off the
premises of any filling station.
(6) Curb service sales. No alcoholic beverages shall be sold or served to persons in a
vehicle of any kind or from an exterior counter or any type of walk-up window. All sales
are to be from the interior of the structure.
(7) Off-premises consumption. All sales of alcoholic beverages for consumption off
the premises shall be in a sealed container.
(8) Bottle clubs. There shall be no bottle clubs within 300 feet of any property used as
a public or private school operated for the instruction of minors in the common branches
of learning or place of worship.
(9) Dance halls. The minimum distance separation between dance halls licensed to
sell alcoholic beverages, and not also operating as restaurants with full kitchens and
serving full meals, shall be 300 feet.
(10) Entertainment establishments. The minimum distance separation between
entertainment establishments licensed to sell alcoholic beverages, and not also operating
as restaurants with full kitchens and serving full meals, shall be 300 feet.
(b) Determination of minimum distance separation.
(1) For purposes of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the main entrance or exit in which the
use associated with alcoholic beverages occurs to the nearest point of the property used
for a public or private school. In cases where a minimum distance is required between two
uses associated with the alcoholic beverages for consumption on or off the premises, the
minimum requirement shall be determined by measuring a straight line between the
principal means of entrance of each use.
(2) When a distance separation is required, a scaled survey drawn by a registered land
surveyor shall be submitted attesting to the separation of the uses in question. This
requirement maybe waived upon the written certification by the planning and zoning
director that the minimum distance separation has been met.
(c) Variances. Variances to the provisions of this section maybe granted pursuant to the
procedure in section 118-351 et seq. except that no variances maybe granted to the
prohibitions and -imitations arescribed herein on the sale or consumption of
alcoho-ic beverages in motion picture theaters.
SECTION 2. REPEALER
All ordinances or parts of ordinances and all sections and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH,
FLORIDA
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance maybe renumbered or
relettered to accomplish such intention; and that the word "ordinance" maybe changed to
"section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the _ day of
200 .
PASSED and ADOPTED this day of , 200_.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM &
LANGUAGE & FOR EXECUTION
City Attorney Date