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Ordinance: Amend Chapter 142ORDINANCE 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 142, ENTITLED ZONING DISTRICTS AND REGULATIONS SECTION 142-333, CONDITIONAL USES IN CD-3 COMMERCIAL HIGH INSTENSITY DISTRICTS, BY PERMITTING BEER AND WINE TO BE SOLD IN MOTION PICTURE THEATERS SUBJECT TO CONDITIONAL USE APPROVAL AS PROVIDED FOR IN SECTION 6-4; 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 only within motion picture theaters located in hieh 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 Sec. 6-4 (a)(4) to motion picture theaters in CD-3 Commercial, Hi¢h 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 4ISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 142-333, entitled Conditional uses, of Division 6. CD-3 Commercial High Intensity District, of Article II. District Regulations, of Chapter 142, Zoning Districts and Regulations, of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Sec. 142-333. Conditional uses. The conditional uses in the CD-3 commercial, high intensity district are sale for on- premises consumption of beer and wine in motion picture theaters containine at least twelve (12) movie theater auditoriums and 50,000 sg. ft. of floor space as provided in Section 6-4, City Code, 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 Development Regulations of the City Code, or the review criteria listed in Section 118-192(b), City Code, where such uses include new construction or substantial modif-cation of new or existing structures 50,000 square feet and over, and to the other limitations and requirements as specified in Section 6- 1 M~ ~k ~k