2012-28093 Reso RESOLUTION NO. 2012-28093
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 OF THE CITY CODE FOR
WINTER PARTY (MARCH 8 — 9, 2013) AND WHITE PARTY (NOVEMBER
299 30, 2013) AS RECOMMENDED BY THE LAND USE AND
DEVELOPMENT COMMITTEE.
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
y y ( ) y ,
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 and White Party as a "major event period," which makes these events 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
November 5, 2012 meeting recommended the extension of hours for the Winter Party and White
Party 2013.
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 the weekends of Winter
Party 2013 and White Party 2013, as recommended by the Land Use and Development
Committee.
PASSED AND ADOPTED this I)fh day of &C&."ber, , 2012.
ATTEST:
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CITY CLERK �' OR
INCORP ORATED:
APPROVED AS TO
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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 8-9, 2013) and
white party(November 29, 30, 2013), as recommended by the Land Use and Development Committee.
Key Intended Outcome Supported:
Maximize Miami Beach as a Destination Brand
Supporting Data (Surveys, Environmental Scan,etc.): N/A
Item Summa /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.
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.
Advisory Board Recommendation:
The Land Use and Development Committee considered this matter at its November 5,2012 meeting and recommended
the extension of hours only for the White Party and Winter Party.
Financial Information:
Source of Funds: Amount Account Approved
1
2
OBPI Total
ancial Impact Summary: Special deployment was not required for this in the past, but there may be a need to hold over
ding over a shift to ensure the provisions of the ordinance are appropriately followed.
City Clerk's Office Legislative Tracking:
Max Sklar, ext. 6116
Sign-Offs:
Department Director Ariis ant Ci Manager City lAnager
1
T:\AGENDA\2012\12-12-12\AlcBevExtHrs Commission S 012.doc
AGENDA ITEM W?C
MIAMIBEACH
� DATE J�J-Q-J Z-
MIAMI BEACH
City of Miami Heath, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor Matti H. Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: December 12, 2012
SUBJECT: 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 OF
THE CITY CODE FOR WINTER PARTY (MARCH 8 — % 2013) AND WHITE PARTY
(NOVEMBER 29, 309 2013) AS RECOMMENDED BY THE LAND USE AND
DEVELOPMENT COMMITTEE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Maximize Miami Beach as a Destination Brand
BACKGROUND
This item was referred to the Land Use and Development Committee by Commissioner Gongora at the
September 12, 2012, City Commission Meeting.
Since 2000,the City Commission has been allowing alcoholic beverage establishments that hold 5:00
a.m. Business Tax Receipts(BTR)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 st 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;
City Commission Meeting
Extension of Hours— LGBT Events
December 12, 2012
Page 2 of 3
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.
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. 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. At that time, 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.
In October 2010,the Land Use and Development Committee considered this and unanimously passed
a motion recommending the extension of hours for the White Party and Winter Party.Subsequently,on
February 9, 2011, the City Commission adopted Resolution No. 2011-27598 extending hours for
certain alcoholic beverage establishments with a 5:00 am liquor license and under certain specified
conditions pursuant to Section 6 of the City Code for Winter Party (March 5 & 6, 2011).
Since that time, hours were extended for New Year's Eve according to City Code. The LGBT
Business Enhancement Committee met on July 10, 2012, and passed a motion(attached) urging the
City Commission to develop a year's calendar of LGBT events during which clubs and bars may be
granted extended hours of operation. The LGBT events recommended by the LGBT Business
Enhancement Committee for extended hours include White Party, Winter Party, Miami Beach Gay
Pride and Aqua Girl. Their recommendation is based on the fact that other areas of Miami-Dade
County have less stringent restrictions and Miami Beach may lose business to other parts of the
County.
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 these events as"major event periods." Therefore,these
events are eligible for the extension of hours subject to the conditions established in the City Code.
Commissioner Gongora referred an item to the Land Use and Development Committee at the
September 12, 2012 City Commission meeting to consider a motion from the LGBT Business
City Commission Meeting
Extension of Hours— LGBT Events
December 12, 2012
Page 3 of 3
Enhancement Committee to extend hours of operation for alcoholic beverage establishments during
certain LGBT events. The Land Use and Development Committee meet on November 5, 2012 and
considered this item. The Committee recommended approval of extended hours for Winter Party and
White Party only.
FISCAL IMPACT ANALYSIS
Special deployment was not required for this in the past, but there may be a need to hold over holding
over a shift to ensure the provisions of the ordinance are appropriately followed.
CONCLUSION
Pursuant to the direction of the Land Use and Development Committee, the attached resolution is
presented for consideration.
KGB/MAS
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