2011-27598 Reso RESOLUTION NO. 2011 -27598
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE EXTENSION OF HOURS
FOR CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS WITH A 5:00
A.M. LIQUOR LICENSE AND UNDER CERTAIN SPECIFIED CONDITIONS
PURSUANT TO SECTION 6 -3(7) OF THE CITY CODE FOR WINTER PARTY
(MARCH 5 & 6, 2011) WEEKEND.
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, the Mayor and City Commission codified, in Section 6 -3(7) of the City Code, 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.
during designated major event days or weekends; and
WHEREAS, the City's Major Events Plan and Special Event Guidelines, as most
recently approved by the City Commission via Resolution No. 2008 - 26908, already designates
Winter Party as a "major event period," which makes this event eligible for the extension of
hours subject to the conditions established in the City Code; and
WHEREAS, the Land Use and Development Committee considered this matter at its
October 25, 2010 meeting and unanimously passed a motion recommending the extension of
hours for the Winter Party.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the extension of hours for certain alcoholic
beverage establishments with a 5:00 A.M. liquor license, and under certain specified conditions
pursuant to Section 6 -3(7) of the City Code, is hereby approved for Winter Party (March 5 & 6,
2011) weekend.
PASSED AND ADOPTED this day of F-'brkA -y , 2011.
ATTEST:
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CITY CLERK - MA OR
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FORM & LANGUAGE
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COMMISSION ITEM SUMMARY
Condensed Title:
A resolution approving the extension of hours for certain alcoholic beverage establishments with 5:00 a.m. liquor license
and under certain specified conditions pursuant to Section 6 of the City Code for Winter Party (March 5 & 6, 2011) and
White Party (November 26 & 27, 2011) weekends.
Key Intended Outcome Supported:
Make City more business friendly?
Issue:
Shall the Mayor and City Commission approve the extension of hours for the sale of alcohol at alcoholic beverage
establishments with 5:OOam liquor licenses pursuant to Section 6 fo the City Code during Winter Party and White Party.
Item Summary /Recommendation:
This item was referred to the Land Use and Development Committee by Mayor Bower, on behalf of the GLBT Committee,
at the September 15, 2010, City Commission Meeting. 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. during
holiday or major event weekend; most commonly approved for New Year's Day and, since 2007, during Winter Music
Conference. There have also been times when hours were extended for Thanksgiving Weekend and Sleepless Night.
This has been done each time by resolution imposing certain conditions. As provided for in City Code, the City Manager
may suspend the extension at any time to protect public safety, health or welfare.
In 2007, via Ordinance No. 2007 -3556, the Commission amended Chapter 6 of the City Code entitled Alcoholic Beverages,
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 without further action required of the Commission. The amendment also included language in
the ordinance providing a mechanism for an extension of hours on other days to be considered and subsequently
submitted for the Commission's consideration and approval via a resolution. A request for the extension of hours may be
placed on the agenda by the City Manager or a Commissioner, for the Commissions' consideration. Hours were most
recently extended during Winter Music Conference 2010, which coincided with Spring Break. As you know, this City
experienced a significant influx of visitors during that period of time which created many quality of life challenges.
Pursuant to Section 6 -3 Subsection 7 of the City Code, the City Commission may approve additional major event days or
weekends to allow alcoholic beverage establishments that hold 5:00 a.m. occupational licenses to extend their hours of
operation to 7 a.m. The City's Major Events Plan and Special Event Guidelines already designate White Party and Winter
Party as "major event periods." Therefore, these events are eligible for the extension of hours subject to the conditions
established in the City Code. Please note that if extension is granted by the City Commission for White Party and Winter
Party, then it will apply to ALL alcoholic beverage establishments in the City (meeting the criteria under the Ordinance) and
NOT just those establishments catering to a GLBT clientele). Although the GLBT Committee requested the extension of
hours during four events, LUDC recommended only two and only for this year.
Advisory Board Recommendation:
The Land Use and Development Committee considered this matter at its October 25, 2010 meeting and unanimously
passed a motion recommending the extension of hours only for the White Party and Winter Party.
Financial Information:
Source of Funds: Amount Account Approved
1
OBPI Total
Financial Impact Summary: Any fiscal impact from the approval of the extension of hours for nightclubs during
additional periods will likely require the Police Department, Code Compliance Division and the Sanitation Division to incur
overtime staffing to ensure the provisions of the ordinance are appropriately followed. At this time, it is difficult to fully
determine what that cost will be.
City Clerk's Office Legislative Tracking:
Max Sklar, ext. 6116
Sign -Offs:
Department Director Assistant City Manager City Manager
T:W GENDA\2011\2- 09- 11\AlcBevExtHrs Commission SUMM.doc •
%spy Iv\tA AGENDA ITEM 07 I
DATE o i'/
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 9, 2011
SUBJECT: A RESOLUTION OF THE MAYOR AN TY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE EXTENSION OF HOURS FOR CERTAIN ALCOHOLIC
BEVERAGE ESTABLISHMENTS WITH A 5:00 A.M. LIQUOR LICENSE AND UNDER
CERATIN SPECIFIED CONDITIONS PURSUANT TO SECTION 6 OF THE CITY CODE FOR
WINTER PARTY (MARCH 5 & 6, 2011) AND WHITE PARTY (NOVEMBER 26 & 27, 2011)
WEEKENDS.
ADMINISTRATION RECOMMENDATION:
Pursuant to the direction of the Land Use and Development Committee, the Administration recommends
adopting the resolution.
BACKGROUND
This item was referred to the Land Use and Development Committee by Mayor Bower, at the request of the
GLBT Committee, at the September 15, 2010 City Commission Meeting. A copy of the referral is provided for
your reference (Attachment A).
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. during holiday or major event weekend; most
commonly approved for New Year's Day and, since 2007 during Winter Music Conference. There have also
been times when hours were extended for Thanksgiving Weekend and Sleepless Night.
This has been done each time 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 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 Chief's 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.
Page 2 of 2
Extension of Hours
City Commission Meeting
February 9, 2011
In 2007, via Ordinance No. 2007 -3556, the Commission amended Chapter 6 of the City Code entitled
Alcoholic Beverages, 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 without requiring further Commission action.
The amendment also included language in the ordinance providing a mechanism for an extension of hours to
be considered and subsequently submitted for the Commission's consideration and approval via a resolution.
A request for the extension of hours may be placed on the agenda by the City Manager or a Commissioner, for
the Commissions' consideration. Hours were most recently extended during Winter Music Conference 2010,
which coincided with Spring Break. As you know, this City experienced a significant influx of visitors during that
period of time which created many quality of life challenges.
It is important to keep in mind that any time hours of on- premises alcohol service are extended it creates a
need for increased policing and the potential exists for other quality of life concerns. The Police Department
conducted a preliminary analysis of call volume for days when hours were extended compared to normal day
when clubs closed at 5:00 a.m., which shows there was more than double the number of calls on those days.
Twenty -three percent of those additional calls for service occurred after 5:00 a.m. The extension of hours
occurs during peak periods of time so it is difficult to pinpoint exactly what causes the increase in calls for
service. However, it is fair to say that the extension of hours is a contributing factor.
ANALYSIS
The Land Use and Development Committee considered this matter at its October 25, 2010 meeting. While the
GLBT Committee requested the extension of hours for four event periods (White Party, Pride, Aqua Girl and
Winter Party), the Committee recommended the extension for only two periods (White Party and Winter Party);
only on Friday and Saturday nights of those respective weekends; and only for this year (to assess impacts). A
copy of the Committee minutes is provided for your reference (Attachment B). The Committee was also
concerned with the necessity to enhance staffing levels, specifically Police, Code Compliance and Sanitation,
when extending hours for these events and asked staff to determine if there is a need to charge venues for the
increased staffing requirements. Staff was directed to analyze this in 2011 and present it to the Committee
when considering similar future requests.
Pursuant to Section 6 -3 Subsection 7 of the City Code, the City Commission may approve additional major
event days or weekends to allow alcoholic beverage establishments that hold 5:00 a.m. occupational licenses
to extend their hours of operation to 7 a.m. The City's Major Events Plan and Special Event Guidelines already
designate Winter Party and White Party as "major event periods." Therefore, these events are eligible for the
extension of hours subject to the conditions established in the City Code.
Please note that if extension is granted by the City Commission for White Party and Winter Party, then it will
apply to ALL alcoholic beverage establishments in the City (meeting the criteria under the Ordinance) and
NOT just those establishments catering to a GLBT clientele.
FISCAL IMPACT ANALYSIS
The approval of the extension of hours for nightclubs during these additional periods will likely require the
Police Department, Code Compliance Division and the Sanitation Division to incur overtime staffing to ensure
the provisions of the ordinance are appropriately followed. At this time, it is difficult to fully determine what that
cost will be.
CONCLUSION
Pursuant to the direction of the Land Use and Development Committee, the Administration recommends the
Mayor and City Commission adopt the resolution.
JMG /HMF/ MAS
F:\ info \$ALL \Max \TCD \NITE\AlcBevExtHrs LUDC MEMO.doc
ATTACHMENT A
AAA I BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayor ,&J& M■-k
DATE: August 27, 2010
SUBJECT: Consent Agenda Item: Referral to Land Use Committee
Please place on the Sept. 15, 2010 Commission meeting agenda a referral to the
Land Use Committee of a discussion regarding a request from the GLBT Committee
to allow extended hours of operation of certain nightlife venues during four major
LGBT tourism and fundraising weekends — Winter Party, White Party, Gay Pride
and Aqua Girl.
I thank you in advance for your cooperation in this matter. If you have any questions,
please do not hesitate to contact Rebecca Wakefield at extension 6157.
Thank you.
MHB /rw
We we committed to providing excellent public service and safely to oll who live, work, and play in our Agenda Item C 7 J
Date 9-/S
59
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ATTACHMENT B
•
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager 5 V
DATE: November 17, 2010
SUBJECT: REPORT OF THE OCTOBER 25, 2010 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A meeting of the Land Use and Development Committee was held on October 25, 2010.
Commissioners Gongora and Tobin were in attendance. Members from the
Administration and the public were also in attendance. Please see the attached sign -in
sheet. The meeting was called to order at 4:10 pm.
OLD BUSINESS:
1. ORDINANCE AMENDMENT — EXPAND THE PUBLIC NOTICE PERIOD
FOR ALL FOUR LAND USE BOARDS FROM 15 DAYS TO 30 DAYS
DISCUSSION REGARDING A REQUEST FROM THE GLBT
COMMITTEE TO ALLOW EXTENDED HOURS OF OPERATION OF
CERTAIN NIGHTLIFE VENUES DURING FOUR MAJOR LGBT
TOURISM AND FUNDRAISING WEEKENDS — WINTER PARTY,
WHITE PARTY, GAY PRIDE AND AQUA GIRL.
AFTER - ACTION: Hilda Fernandez introduced the item, and explained that 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.
during holiday or major event weekends, such as New Year's Day, during Winter
Music Conference, and others. However, this has been for all such establishments,
and not simply for a limited number of establishments which may be involved with a
particular special event. The Committee discussed the matter further, and confirmed
that any extension of hours would apply to all qualifying establishments.
Commissioner Gongora expressed a preference to extend the hours for the White
Party and Winter Party only.
MOTION: Gongora/Tobin (vote 2 -0)
Move the proposal to the full City Commission, with the extension of hours for only
the White Party and Winter Party.
2. DISCUSSION ON THE ISSUANCE OF A REQUEST FOR PROPOSAL
(RFP) TO CONDUCT A STUDY FOR THE DEVELOPMENT OF A CITY-
WIDE TRANSPORTATION AND PARKING PLAN.
AFTER - ACTION: Commissioner Tobin introduced the item, explaining his request
at the September 15, 2010 City Commission meeting to forward to the Land Use and
Development Committee a discussion of the possible issuance of a request for
proposal to develop a city wide Transportation Plan. The purpose of the Plan would
Agenda Item C Cv C
37 Date 11-/7-to