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2017-29908 ResoRESOLUTION NO. 2017 -29908 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO. 2017 -29907 AND CALLING FOR A SPECIAL ELECTION ON NOVEMBER 7, 2017, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT AN ORDINANCE CHANGING THE CURRENT 5:00 A.M. TERMINATION TIME TO 2:00 A.M. FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON PRIVATE PROPERTY AT ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN DRIVE FROM 5TH TO 15TH STREETS, EXEMPTING FROM THIS TIME CHANGE THOSE INDOOR PORTIONS OF ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida, and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 7, 2017, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami -Dade County election officials shall conduct the Special Election hereby called, with acceptance of the certification of the results of the Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the voting precincts in the City of this Special Election shall be as established by the proper and appropriate Miami -Dade County election officials. All electors shall vote at the polling places and the voting precincts as determined by the Miami -Dade County election officials.' 1 Pursuant to City Code section 38 -3(b): The City Clerk shall further publish, in a newspaper meeting the requirements set forth in Florida Statutes § 50.031 and on the City's website, the polling places for the election twice, once in the third week and once in the first week prior to the week in which the election is to be held." SECTION 4. Not fewer than thirty days' notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami -Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38 -3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON NOVEMBER 7, 2017, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: Changing alcoholic beverage sales /consumption termination time on Ocean Drive from 5th to 15th Streets City law currently allows the sale and consumption of alcoholic beverages on private property at alcoholic beverage establishments located on Ocean Drive from 5th to 15th Streets from 8:00 a.m. until 5:00 a.m. the following day. Shall an Ordinance be adopted changing this current 5:00 a.m. termination time to 2 :00 a.m., exempting from this time change those indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels? YES NO The Notice shall further set forth pertinent information regarding eligibility of electors to participate in this Election. SECTION 6. That the official ballot to be used in the Special Election to be held on November 7, 2017, hereby called, shall be in substantially the following form, to wit: 2 OFFICIAL BALLOT Changing alcoholic beverage sales /consumption termination time on Ocean Drive from 5th to 15th Streets City law currently allows the sale and consumption of alcoholic beverages on private property at alcoholic beverage establishments located on Ocean Drive from 5th to 15th Streets from 8:00 a.m. until 5:00 a.m. the following day. Shall an Ordinance be adopted changing this current 5 :00 a.m. termination time to 2:00 a.m., exempting from this time change those indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels? SECTION 7. YES NO The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami -Dade County. The Miami -Dade County Supervisor of Elections will register voters for this Special Election until 5 :00 p.m. on Tuesday, October 10, 2017. All persons eligible to vote in this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami -Dade County Elections Department. All questions concerning voter registration should be directed to the Miami -Dade County Elections Department, 2700 NW 87 Avenue, Doral, Florida 33172; Telephone: (305) 499 -VOTE (8683). SECTION 9. That voters participating via a Vote -by -Mail ballot in this Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to such voting. 3 BALLOT QUESTION AND PROPOSED CITY ORDINANCE NOVEMBER 7, 2017 SPECIAL ELECTION I. BALLOT QUESTION: Changing alcoholic beverage sales /consumption termination time on Ocean Drive from 5th to 15th Streets City law currently allows the sale and consumption of alcoholic beverages on private property at alcoholic beverage establishments located on Ocean Drive from 5th to 15th Streets from 8:00 a.m. until 5:00 a.m. the following day. Shall an Ordinance be adopted changing this current 5:00 a.m. termination time to 2:00 a.m., exempting from this time change those indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels? II. PROPOSED CITY ORDINANCE: YES NO CHAPTER 142 ZONING DISTRICTS AND REGULATIONS ARTICLE II. DISTRICT REGULATIONS * * * DIVISION 13. — MXE MIXED USE ENTERTAINMENT DISTRICT Sec. 142 -551. Additional regulations for alcoholic beverage establishments. (a) Hours of sale. Notwithstanding the regulations set forth in section 6 -3, alcoholic beverages shall not be offered for sale or consumption between the hours of 2:00 a.m. and 8:00 a.m. at alcoholic beverage establishments located between Ocean Court to the west, Ocean Drive to the east, 5th Street to the south, and 15th Street to the north. (b) Exceptions. Notwithstanding subsection (a), and only as applicable to indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels located between Ocean Court to the west, Ocean Drive to the east, 5th Street to the south, and 15th Street to the north, alcoholic beverages shall not be offered for sale or consumption between the hours of 5:00 a.m. and 8:00 a.m. 5 SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami -Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami -Dade County, Florida. SECTION 11. If any section, sentence, clause or phrase of the ballot measure set forth above in this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then the holding shall in no way affect the validity of the remaining portions of the ballot measure. SECTION 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this o2g day of g(44.2 , 201 ATTEST: fI7 LA c7 Rafael E. Granado City Clerk (Sponsored by Mayor Philip Levine) Philip Levine Mayor APPROVED AS TO FORM & LANGUAGE & FOR - EXECUTION City Attorney Dote F:WTTO \KALN \BALLOT QUESTION \2 AM Ocean Drive Ballot Question RESO (Levine) (amended for 6 -28 -17 CC) (New form).docx 4 MIAMI BEACH Resolutions C7 A COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, City Attorney DATE: June 28, 2017 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO. 2017-29907 AND CALLING FOR A SPECIAL ELECTION ON NOVEMBER 7, 2017, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT AN ORDINANCE CHANGING THE CURRENT 5:00 A.M. TERMINATION TIME TO 2:00 A.M. FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON PRIVATE PROPERTY AT ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN DRIVE FROM 5TH TO 15TH STREETS, 'EXEMPTING FROM THIS TIME CHANGE THOSE INDOOR PORTIONS OF ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE. COMPLETELY ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS. ANALYSIS See Memorandum attached. Legislative Tracking Office of the City Attorney Sponsor Mayor Philip Levine ATTACHMENTS: Description Memo Special Election 2 AM Ocean Drive Ballot Question (Levine) a Call for Special Election 2 AM Ocean Drive Ballot Question (Levine) Page 36 of 237 OFFICE OF THE CITY ATTORNEY RAULJ, AGUILA, CITY ATTORNEY To: Mayor Philip Levine Members of the City Commis Jimmy L. Morales, City Manager cc: Rafael Granado, City Clerk From: Rau J. Aquila, City Attorrt Date: June 28, 2017 CO MISSION E ORANDUM Subject: A RESOLUTION OF THE MAYOR AND CITY C OMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO, 201749907 AND CALLING FOR A SPECIAL ELECTION ON NOVEMBER 7, 2017, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT AN ORDINANCE CHANGING THE CURRENT 5 :00 A.M. TERMINATION TIME TO 2:00 A.M. FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON PRIVATE PROPERTY AT ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN DRIVE FROM 5TH TO 16TH STREETS, EXEMPTING FROM THIS TIME CHANGE THOSE INDOOR PORTIONS OF ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS. On June 7, 2017, the Mayor and City Commission adopted Resolution No. 2017 - 29907, calling for a special election on November 7, 2017, for the purpose of submitting to the electorate of the City of Miami Beach, Florida, a ballot question asking whether the City Commission shall adopt an Ordinance terminating at 2:00 am, (instead of 5:00 am.) the sale and consumption of alcoholic beverages at alcoholic beverage establishments located on Ocean Drive between 8th and 15th Streets, exempting indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels, and requiring a I7ths vote of the City Commission to amend or repeal the Ordinance, The adoption of the attached Resolution repealing Resolution No, 2017 -29907 and calling for a special election is necessary to correct a scrivener's error and to clarify that the ballot treasure proposed therein is not a straw ballot, Additionally, after further research, the City Attorney has revised the text, without altering the substance, of the ballot question. The Office of the City Attorney hereby requests that the Mayor and City ComrrSlsion adopt the Resolution, Page 37 of 237 The text of the proposed ballot question is a s follows: City law currently allows the sale and consumption of alcoholic beverages on private property at alcoholic beverage establishments located on Ocean Drive from 5th to 15th Streets from 8 «00 a.m. until 5;00 a.m. the following day. Shall an Ordinance be adopted changing this current 5:50 a. m. termination time to :00 a.m., exempting from this time change those indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels? Notably, the ballot question exempts from the 2:00 a.m. time change those Indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels. By limiting the operation of alcoholic beverage establishments to certain indoor areas between the hours of 2:00 am. and 5:00 a.m,, the proposed Ordinance would remove opportunities for interaction between (I) patrons of alcoholic beverage establishments and (ii) 'individuals congregating on the sidewalks or cruising In vehicles for purposes of disturbing the community and engaging in criminal mischief. Additionally, restricting the operation of certain alcoholic beverage establishments to indoor areas will reduce the Incidence of excessive noise and other nuisances in the surrounding neighborhood. More specifically, the exemption for indoor areas of alcoholic beverage establishments within hotels is supported by the fact that hotels, with enclosed lobbies, are far more likely to operate less intense and leas boisterous alcoholic beverage establishments than standalone operations, in order to minimize disturbances to hotel guests. When the MXE district was created in the mid- 1980s, the intent was to promote sidewalk cafes located on the exterior areas of architecturally significant hotels, not to promote 5:00 am. drinking establishments on outdoor terraces. Limiting late-night drinking establishments to fully enclosed hotels is consistent with the policies supporting the creation of the MXE district. Page 38 of 237 OFFICE OF THE CITY ATTORNEY RAUL J, AGUILA, ary ATTORNEY To cc: From: Raul J. Aguila, City Attor Date: June 28, 2017 Mayor Philip Levine Members of the City Commission Jimmy L. Morales, City Manager Rafael Grenade', City Clerk Agenda Item C liti Date 6,-207 COMMISSION MEMORANDUM Subject: A RESOLUTION QF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO. 201749907 AND CALLING FOR A SPECIAL ELECTION ON NOVEMBER 7, 2017, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY QF MIAMI BEACH, FLORIDA A BALLOT QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT AN ORDINANCE CHANGING THE CURRENT 5:00 A.M. TERMINATION TIME TO 2:00 A.M. FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON PRIVATE PROPERTY AT ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN DRIVE FROM 6TH TO 16TH STREETS, EXEMPTING FROM THIS TIME CHANGE THOSE INDOOR PORTIONS OF ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS. (ADDENDUM TO CITY ATTORNEY MEMORANDUM) This Memorandum shall serve as an Addendum to the City Attorney's Memorandum and Resolution printed as Item C7A on the June 28, 2017 City Commission meeting agenda. Inasmuch as the subject ballot measure concerns a proposed Ordinance amending the City's Land Development Regulations, the City's Planning Director has prepared the attached analysis of the legislation. in the event the City's voters approve the subject ballot measure, the Ordinance will, pursuant to City Charter Section 2051 and City Code Sections 118-163 and 118-164, proceed to the City's Planning Board and City Commission for public hearings thereon, after which process the Ordinance will be adopted by the City Commission. The record from the City Commission's discussion regarding the proposed ballot measure, listed on the June 7, 2017 City Commission meeting agenda as Item R7Q, is hereby adopted and incorporated herein.2 1 "Proposed ordinances' which enact or amend the City's Zoning Ordinance or (Clomprehensive Plan of the City of Miami Beach shall be adopted according to the procedures set forth in the City of Miami neach's Zoning Ordinance," City Charter Section 2,05, 2 This record established that the sale of alcoholic beverages on Ocean Drive between 5th and 15th Streets after 200 aril has contributed to increased crime and has placed significant demands on public safety resources, to the detriment of the public health, safety, and welfare of the residents of Miami Beach, MIAMI BEACH tlanil Beach, 1700 Convention Center Drive .Miami Bn t h, Florida 1 39, rrww,m'rtarnfbeachfl,gQv COMMISSION MEMO RA TO: Mayor Philip Levine and Members of the City Commission Jimmy L Morales, City Manager FROM Thomas P. Mooney, AICP Planning Director DATE: June 28, 2017 SUBJECT: Ballot Question rt garcling Ocean Drive alcohol hours of sale DUM The Planning Department has reviewed the Resolution calling for a special election and hereby submits the following analysis to the City Commission. The Ordinance proposed in the ballot measure would amend the MXE district regulations to change the current :00 a.m. termination time to 2 :00 a.m. for the sale and consumption of alcoholic beverages orl private property at alcoholic beverage establishments located on Ocean Drive from 5th to 15th Streets, exempting from this time change those indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels, The Ordinance, which is applicable only to a portion of the MXE zoning district, creates restrictions on the hours of sale of alcoholic beverages by certain alcoholic beverage establishments. The proposed restrictions are within the City's authority to regulate the hours of sale of alcoholic beverages. The Ordinance is consistent with the Future Land Use Element of the City's Comprehensive Plan and, accordingly, requires no amendment to the Comprehensive Plan.1 Additionally, as the Ordinance does not propose to rezone the subject portion of the MXE district, the Ordinance does not constitute a map amendment. The Ordinance further does not constitute a development order as it does not modify any City building permits, land development board orders, or other development orders. 1 See Policy 1 2, Future Land Usa ler tent, Miami Beach 2025 Co naive Plan,.