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2015-3938 Ordinance CHAPTER 6—ALCOHOLIC BEVERAGES ORDINANCE NO. 2015-3938 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6, ENTITLED "ALCOHOLIC BEVERAGES," OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE," TO TERMINATE THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT SIDEWALK CAFES AT 2:00 A.M., PROHIBIT THE GRANTING OF VARIANCES FROM THE PROVISIONS OF SECTION 6- 3(3)(d), AND PROVIDE FOR PENALTIES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach ("City") regulates the location, size and hours of operation, and patron age of uses, that permit the sale and consumption of alcoholic beverages in Chapter 6 of the City Code, entitled "Alcoholic Beverages"; and WHEREAS, it is in the best interest of the City, and it serves the health, safety, and welfare of the City's residents and visitors, to require that sidewalk cafes, which are located on public rights-of-way, terminate the sale and consumption of alcoholic beverages at 2:00 a.m., because the sale and consumption of alcoholic beverages at sidewalk cafes can disturb the quiet enjoyment of the community, cause undesirable noise, result in physical disputes amongst patrons and passers-by, and contribute to litter, noxious odors, and the general degradation of the City; and WHEREAS, the Miami Beach Police Department has requested that the City limit the hours during which alcoholic beverages may be sold or consumed at sidewalk cafes, because the sale and consumption of alcoholic beverages at sidewalk cafes implicates the safety of the City's residents and visitors, as well as the police officers sworn to protect them; and WHEREAS, this amendment to Chapter 6 of the City Code is intended to ensure that Officer Eduard Alba of the Miami Beach Police Department is recognized for dedicating himself to protecting this City and its residents and visitors, and to ensure that other officers are not endangered; and WHEREAS, the State expressly grants the City the authority to establish its own regulations for the time for sale of alcoholic or intoxicating beverages; and WHEREAS, pursuant to Section 562.14, Florida Statutes, no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place licensed to sell alcoholic beverages between the hours of midnight and 7:00 a.m., unless a municipality elects to establish its own regulations for the time for sale of alcoholic or intoxicating beverages; and WHEREAS, Section 562.14, Florida Statutes, clearly indicates that the State shall not be responsible for the enforcement of the hours of sale established by a municipal ordinance; and WHEREAS, in Wednesday Night, Inc. v. City of Fort Lauderdale, 272 So. 2d 502 (Fla. 1972), the Florida Supreme Court upheld Section 562.14, Florida Statutes, holding that the statute, which relates to state, municipal, and county regulations of the time for sale of alcoholic 1 and intoxicating beverages (1) does not contravene Federal and State constitutional guarantees of due process and equal protection of the laws; (2) does not constitute an unlawful delegation of the powers of the legislature; and (3) does not contravene any of the prohibitions against special laws or general laws of local application appearing in Section 11 of Article III of the Florida Constitution; and WHEREAS, Florida Courts have determined that it is within the police power and authority for a municipality to change the hours of regulation of alcoholic beverages, because authority under Section 562.14, Florida Statutes, to restrict the have the statutory aut , municipalities ry y sale of alcohol; additionally, a municipal ordinance regulating the hours of sale of alcoholic beverages may be applied to a property incorporated later into the municipality by annexation. Village of North Palm Beach v. S & H Foster's, Inc., 80 So. 3d 433 (Fla. 4th DCA 2012); and WHEREAS, Florida Courts have held that a municipality exercising its inherent powers may reasonably regulate the sale of intoxicating liquors and, in providing such reasonable regulations, may prohibit sale of such liquors within certain zones. State ex rel. Floyd v. Noel, 169 So. 549 (Fla. 1936); and WHEREAS, the Florida Attorney General has opined that a municipality may regulate (1) the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3) the sanitary conditions under which alcoholic beverages may be dispensed or served to the public. Op. Att'y Gen. Fla., 059-73 (1959); and WHEREAS, the City may regulate the hours of sale of alcoholic beverages at sidewalk cafes, provided the regulations are not exercised in an arbitrary or discriminatory manner, and are grounded upon some reasonable basis of classification with reference to the subject matter to be regulated. Makos v. Prince, 64 So. 2d 670 (1953); and WHEREAS, such regulations may establish separate zones and do not require that regulation of hours be uniform throughout the jurisdictional limits. Id.; and WHEREAS, in fact, the Florida Attorney General has opined that different hours may be provided for in a municipal ordinance, provided there is reasonable relation to the health, safety, and morals of the community. Op. Att'y Gen. Fla., p. 497 (1950); and WHEREAS, a business is neither entitled to "grandfathered" status nor entitled to enjoin enforcement of an ordinance regulating the times during which liquor may be sold. Village of North Palm Beach v. S & H Foster's Inc., 80 So. 3d 433 (Fla. 4th DCA 2012); Other Place of Miami, Inc. v. City of Hialeah Gardens, 353 So. 2d 861 (Fla. 3d DCA 1977); and WHEREAS, injunctive relief is not available against the enforcement of a municipal ordinance regulating the time at which alcoholic beverages may be sold, because municipalities have the statutory authority to set times for sale of alcoholic beverages. Id.; Playpen S., Inc. v. City of Oakland Park, 396 So. 2d 830 (Fla. 4th DCA 1981); and WHEREAS, Florida Courts have ruled that hours of operation are not a property right. S. Daytona Rests., Inc. v. City of S. Daytona, 186 So. 2d 78 (Fla. 1st DCA 1966); and WHEREAS, the amendments set forth below are necessary to accomplish the objectives identified above. 2 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 6-3, entitled "Hours of Sale," of Article I, of Chapter 6, of the City Code of the City of Miami Beach is hereby amended as follows: CHAPTER 6 ALCOHOLIC BEVERAGES ARTICLE I. In General Sec. 6-3. Hours of Sale. The hours of sale of alcoholic beverages shall be according to the following schedule, except as may be otherwise provided pursuant to subsection{7-)LQ: (1) Retail stores for package sales only, either as permitted main or accessory uses. - e - - e - -- as permitted a of accessory us . Vendors having a license from the state division of alcoholic beverages and tobacco for the sale of liquor and other alcoholic beverages for consumption off the premises shall only offer for sale alcoholic beverages within the hours of 8:00 a.m. and midnight on any day of the week. (2) Retail stores, including grocery and convenience stores, and gasoline service/filling stations, which primarily offer for sale products other than alcoholic beverages. Retail stores, including grocery and convenience stores, and gasoline service/filling stations, either as permitted main or accessory uses, which primarily offer for sale products other than alcoholic beverages may only make sales of beer and wine in sealed containers for consumption off the premises between the hours of 8:00 a.m. and midnight on any day of the week. (3) Alcoholic beverage establishments. All establishments licensed as alcoholic beverage establishments (midnight to 5:00 a.m.), either as permitted main or accessory uses, shall only offer alcoholic beverages for sale the or on-premises consumption within the hours of 8:00 a.m. and 5:00 a.m. on any day of the week. a. Restaurants not operating as dance halls or entertainment establishments. Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic beverage establishments {midnight to 5:00 a.m.), but not operating as dance halls or entertainment establishments, may remain open 24 hours a day; however, alcoholic beverages may not be offered for sale or on-premises consumption between the hours of 5:00 a.m. and 8:00 a.m. b. Restaurants also operating as dance halls or entertainment establishments. Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic beverage establishments (midnight to 5:00 a.m.), and also operating as dance halls, or entertainment establishments, may remain open 24 hours a day; however, alcoholic beverages may not be offered for sale or on- 3 premises consumption between the hours of 5:00 a.m. and 8:00 a.m., and dancing and entertainment shall not be conducted between the hours of 5:00 a.m. and 10:00 a.m. c. Other alcoholic beverage establishments. Other alcoholic beverage establishments {midnight to 5:00 a.m.), not containing restaurants with full kitchen facilities, shall close at 5:00 a.m. and keep closed the place of business and not allow any patron or other persons, other than those employed by the vendor, to remain therein between the hours of 5:00 a.m. and 8:00 a.m. d. Sidewalk cafes. Notwithstanding the provisions of subsections (3)(a) through (c), alcoholic beverages shall not be offered for sale or consumption at sidewalk cafes, as defined in section 82-366 of this Code and as otherwise permitted by the City in accordance with chapter 82, article IV, division 5, subdivision II of this Code (as may be amended from time to time), between the hours of 2:00 ° m. 1:30 a.m. and 8:00 a.m.,and shall not be consumed at sidewalk cafes between the hours of 2:00 a.m. and 8:00 a.m. No variances may be granted from the provisions of this section 6-3(3)(d) as to the hours of sale or consumption of alcoholic beverages at sidewalk cafes. Note: For purposes of this section, full kitchen facilities shall mean having commercial grade burners, ovens, and refrigeration units of sufficient size and quantity to accommodate the occupancy content of the establishment. Full kitchen facilities must contain grease trap interceptors, and meet all applicable city, county,and state codes. (4) Off-premises package sales by alcoholic beverage establishments. Off-premises package sales shall be permitted between the hours of 8:00 a.m. and midnight, for all establishments licensed as alcoholic beverage establishments. (5) Private clubs. A Private private clubs, either as a permitted main or accessory use, shall be considered pursuant to subsection 6-2(a) shall only offer alcoholic beverages for sale or on-premises consumption if the private club, in accordance with section 6-2(a), secures a license for the distribution or sale of any alcoholic beverages from the division of alcoholic beverages and tobacco of the department of business and professional regulation of the state. Hours of - _- _ _ -: -- -- - •• - - - -- -- . - __ - -- -: Private clubs licensed as alcoholic beverage establishments, either as permitted main or accessory uses, shall.only offer alcoholic beverages for sale or on-premises consumption between the hours of 8:00 a.m. and 5:00 a.m., Sunday, on any day of the week, provided that service is made only to members and guests of members pursuant to Florida Statutes. However, any private club permitted to remain open after 2:00 a.m. shall purchase an extra-hours license and must provide for security in its premises by hiring private security guards or off-duty police officers between the hours of 2:00 a.m. and 5:00 a.m. each day. Private clubs securing a license from the state division of alcoholic beverages and tobacco by complying with the requirements of F7S. § 561.20 for racquetball, tennis, or golf course facilities may admit members at any time for use of such facilities, but may not serve alcoholic beverages after 2:00 a.m. each day unless 4 such private club is, the holder of an extra-hours license and complies with the above requirements. 0 - .'0-- - - -.9- . _,If (-7-4L61 Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to remain open to serve alcoholic beverages for on-premises consumption until 5:00 a.m. may continue to serve alcoholic beverages (i) until 7:00 a.m. on January 1 (New Year's Day) or, if January 1 is on a Sunday, until 7:00 a.m. on Monday if the day that is observed as a national holiday for New Year's Day is on Monday, and (ii) until 7:00 a.m. during certain major event days or weekends as may be designated by the city commission or as may be designated by the city manager following approval by the city commission, under the following conditions: a. The police department and the code compliance division department of the city must be notified by a letter, received no later than 15 business days prior to either (a) January 1 or (b) the day on which alcohol sales are to be extended, stating that the alcoholic beverage establishment intends to serve alcoholic beverages for on-premises consumption until 7:00 a.m.; b. If deemed reasonably necessary by the police chief, or the police chiefs designee, off-duty police officers must be provided at the alcoholic beverage establishment until 7:00 a.m.; c. There are no pending City Code violations against the alcoholic beverage establishment; d. No delinquent or past due monies are owed to the city; e. Outdoor entertainment or open-air entertainment is not allowed; f. No violation of the city's noise ordinance shall be permitted; g. No violation of the approved fire code occupancy load shall be permitted; h. All required city permits and licenses are current; i. The State of Florida alcoholic beverage license is current; and j. Any other conditions required by the city manager in order to protect the public`health, safety, or welfare. Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to remain open to serve alcoholic beverages for on-premises consumption until 5:00 a.m. may continue to serve alcoholic beverages until 6:00 a.m. on the first day of daylight savings time in the spring. 5 {8}al The city manager may suspend the provisions of subsection {7}(6) at any time to protect the public health, safety, or welfare. Penalties and enforcement. a. The following penalties shall be imposed for a violation of this section: i. The penalty for the first violation by a person or entity within a 12- month period shall be a civil fine of$ 1,000.00; ii. The penalty for the second violation by a person or entity within a 12-month period shall be a civil fine of$ 5,000.00; iii. The penalty for the third violation by a person or entity within a 12- month period shall be a civil fine of$ 10,000.00; iv. Upon a finding by the special master that four (4) or more violations by a person or entity have occurred within a 12-month period, the city may initiate proceedings to revoke the certificate of use, business tax receipt, or certificate of occupancy of the violator. v. A sidewalk cafe permittee that has been issued four (4) or more violations pursuant to this section or section 82-388 within a permit year shall be prohibited from applying for and obtaining a sidewalk cafe permit for a period of two (2) permit years following the permit year in which the sidewalk cafe permittee incurred the violations. b. Enhanced penalty. The following enhanced penalty shall be imposed, in addition to any mandatory fines set forth in subsection (8)(a) above, for violations of this section: i. The sale of alcoholic beverages in violation of this section must be immediately terminated, upon confirmation by the code compliance department that a violation has occurred. c. Enforcement. The code compliance department shall enforce this section. This shall not preclude other law enforcement agencies or regulatory bodies from any action to assure compliance with this section and all applicable laws. If a code compliance officer (which, as defined in section 70-66, includes a police officer) finds a violation of this section, the code compliance officer shall issue a notice of violation in the manner prescribed in chapter 30 of this Code. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, that the violation may be appealed by requesting an administrative hearing before a special master within ten (10) days after service of the notice of violation, and that the failure to appeal the violation within ten (10) days of service shall constitute an admission of the violation and a waiver of the right to a hearing. 6 d. Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal; appeals from decisions of the special master. i. A violator who has been served with a notice of violation must elect to either A. pay the civil fine in the manner indicated on the notice of violation; or B. request an administrative hearing before a special master to appeal the notice of violation, which must be requested within ten (10) days of the service of the notice of violation. ii. The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73 of this Code. Applications for hearings must be accompanied by a fee as approved by a resolution of the city commission, which shall be refunded if the named violator prevails in the appeal. iii. If the named violator, after issuance of the notice of violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master may be informed of such failure by report from the officer. The failure of the named violator to appeal the decision of the officer within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special master, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly. iv. A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. On or after the sixty-first (61st) day following the recording of any such lien that remains unpaid, the City may foreclose or otherwise execute upon the lien. v. Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. vi. The special master shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten (10) days of the service of the notice of violation. vii. The special master shall not have discretion to alter the penalties prescribed in subsection (8)(a) or(8)(b). 7 SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this Ordinance may be renumbered or re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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 ten days following adoption. PASSED and ADOPTED this 20 day of M Q , 2015. i ATTEST: .ommutt' ` "Lg N\. F, . .7t, Levin;/ L a "r P' V Rafael E. Granado, City Clerk i (Sponsored by Mayor Philip L= ill . (Sponsored by Commissioner ; icha. • •-•. 4 ./,<of First Reading: May 6, 20 ►r•% Second Reading: May 20, 20v1 II C TM A,.•�. g Y � /-I rp Underline denotes new language Double underline denotes language added at Second Reading denotes removed language APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION c9J _00; 5 c-14(5 City Attorney Date �- F:\A TTO\KALN\ORDINANCESWlcohol\Alcoholic Beverages Hours of Sale Sidewalk Cafes 2AM as amended.docx 8 ® NNW um=ams■mm 1915 • 2015 MIAMIBEACH OFFICE OF THE CITY ATTORNEY RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM To: Mayor Philip Levine Date: May 20, 2015 Members of the City Commission From: Raul J. Aguil .`.Q_ City Attorne e Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6, ENTITLED "ALCOHOLIC BEVERAGES," OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE," TO TERMINATE THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT SIDEWALK CAFES AT 2:00 A.M., PROHIBIT THE GRANTING OF VARIANCES FROM THE PROVISIONS OF SECTION 6-3(3)(d), AND PROVIDE FOR PENALTIES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY," OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, ENTITLED "SIDEWALK CAFES," SUBDIVISION II, ENTITLED "PERMIT," BY CREATING SECTION 82-388 THEREOF, ENTITLED "HOURS OF SALE OF ALCOHOLIC BEVERAGES; ENFORCEMENT," TO TERMINATE THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT SIDEWALK CAFES AT 2:00 A.M., AND PROVIDE THAT SECTION 82-388 SHALL BE ENFORCED PURSUANT TO SECTION 6-3(8) OF THE CITY CODE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Introduction Pursuant to the request of Mayor Philip Levine, the attached Ordinances are submitted for consideration by the City Commission. The first Ordinance amends Chapter 6 of the City Code, entitled "Alcoholic Beverages," Article I, Section 6-3 thereof, entitled "Hours of Sale," to terminate the sale and consumption of alcoholic beverages at sidewalk cafes at 2:00 a.m., prohibit the granting of variances from the provisions of Section 6-3(3)(d), and provide penalties for violations of Section 6-3. Agenda Item RSA Date 5-26-'5" Ordinances Terminating Sale of Alcoholic Beverages at Sidewalk Cafes at 2:00 a.m. May 20, 2015 Page 2 The second Ordinance amends Chapter 82, Article IV, Division 5, by creating Section 82-388 thereof, to reflect that alcoholic beverages shall not be offered for sale or consumption at sidewalk cafes between the hours of 2:00 a.m. and 8:00 a.m. The City's Authority to Regulate the Hours of Sale of Alcoholic Beverages The State expressly grants the City the authority to establish its own regulations for the time for sale of alcoholic or intoxicating beverages. Pursuant to Section 562.14, Florida Statutes, no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place licensed to sell alcoholic beverages between the hours of midnight and 7:00 a.m., unless a municipality elects to establish its own regulations for the time for sale of alcoholic or intoxicating beverages. Section 562.14, Florida Statutes, clearly indicates that the State shall not be responsible for the enforcement of the hours of sale established by municipal ordinance. In Wednesday Night, Inc. v. City of Fort Lauderdale, 272 So. 2d 502 (Fla. 1972), the Florida Supreme Court upheld Section 562.14, Florida Statutes, holding that the statute, which relates to state, municipal, and county regulations of the time for sale of alcoholic and intoxicating beverages (1) does not contravene Federal and State constitutional guarantees of due process and equal protection of the laws; (2) does not constitute an unlawful delegation of the powers of the legislature; and (3) does not contravene any of the prohibitions against special laws or general laws of local application appearing in Section 11 of Article III of the Florida Constitution. Florida Courts have held that a municipality exercising its inherent powers may reasonably regulate the sale of intoxicating liquors and, in providing such reasonable regulations, may prohibit sale of such liquors within certain zones. State ex rel. Floyd v. Noel, 169 So. 549 (Fla. 1936). Furthermore, the Florida Attorney General has opined that a municipality may regulate (1) the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3) the sanitary conditions under which alcoholic beverages may be dispensed or served to the public. Op. Att'y Gen. Fla., 059-73 (1959). Based upon the foregoing, it is clear that a City may regulate the hours of sale of alcoholic beverages at sidewalk cafes, provided the regulations are not exercised in an arbitrary or discriminatory manner, and are grounded upon some reasonable basis of classification with reference to the subject matter to be regulated. Makos v. Prince, 64 So. 2d 670 (1953). In regulating the sale of alcoholic beverages, the City may create regulations that establish separate zones and the Courts do not require that regulation of hours be uniform throughout the jurisdictional limits. Id. The Florida Attorney General has opined that different hours may be provided for in a municipal ordinance, provided there is reasonable relation to the health, safety, and morals of the community. Op. Att'y Gen. Fla., p. 497 (1950). To be clear, a business is neither entitled to "grandfathered" status nor entitled to enjoin enforcement of an ordinance regulating the times during which liquor may be sold. Village of North Palm Beach v. S & H Foster's Inc., 80 So. 3d 433 (Fla. 4th DCA 2012); Other Place of Miami, Inc. v. City of Hialeah Gardens, 353 So. 2d 861 (Fla. 3d DCA 1977). Further, the courts have upheld municipal ordinances against claims for injunctive relief against municipal ordinances regulating the time at which alcoholic beverages may be sold, because municipalities have the statutory authority to set times for sale of alcoholic beverages. Id.; Playpen S., Inc. v. City of Oakland Park, 396 So. 2d 830 (Fla. 4th DCA 1981). Lastly, Florida Courts have ruled that hours of operation are not a property right. S. Daytona Rests., Inc. v. City of S. Daytona, 186 So. 2d 78 (Fla. 1st DCA 1966). Ordinances Terminating Sale of Alcoholic Beverages at Sidewalk Cafes at 2:00 a.m. May 20, 2015 Page 3 Amendments to Chapter 6, "Alcoholic Beverages" Section 6-3 of the City Code, entitled "Hours of Sale," of Chapter 6, entitled "Alcoholic Beverages," regulates the hours during which alcoholic beverages may be sold in the City. The first attached Ordinance amends Section 6-3 by creating Section 6-3(3)(d) to prohibit the sale or consumption of alcoholic beverages at sidewalk cafes between the hours of 2:00 a.m. and 8:00 a.m. Section 6-3(3)(d) also prohibits the grant of any variances that would allow a sidewalk cafe permittee to offer alcoholic beverages for sale or consumption between the hours of 2:00 a.m. and 8:00 a.m. The first Ordinance also amends Section 6-3 to provide enforcement and penalty provisions for violations of any provision of Section 6-3. Violators of Section 6-3 would face a civil fine of $1,000 for a first offense within a 12-month period, $5,000 for a second offense within a 12- month period, and $10,000 for a third offense within a 12-month period. A fourth or subsequent offense within a 12-month period would result in a revocation of the violator's certificate of use, business tax receipt, or certificate of occupancy. Upon a fourth or subsequent offense, the violator would be prohibited from applying for and obtaining a new sidewalk cafe permit for a period of two permit years following the permit year in which the sidewalk cafe permittee incurred the violations. Due to the public safety implications of the sale and consumption of alcoholic beverages at sidewalk cafes after 2:00 a.m., Section 6-3(8)(b) requires that the sale of alcoholic beverages in violation of Section 6-3 must be immediately terminated. A citation under Section 6-3 may be appealed to the City's Special Master within 10 days of service of the notice of violation. The failure of a named violator to appeal a violation shall constitute a waiver of the violator's right to appeal, and shall be treated as an admission of the violation. The special master shall not hear the merits of a notice of violation or consider the timeliness of a request for appeal if a violator fails to request a hearing within ten days of the service of the notice of violation. Additionally, the special master shall not be authorized to alter the penalties prescribed in Section 6-3(8). Amendments to the Sidewalk Cafe Ordinance Chapter 82, at Article IV, Division 5 (the "Sidewalk Cafe Ordinance") sets forth regulations for the City's sidewalk cafes. The second attached Ordinance amends the Sidewalk Cafe Ordinance by creating Section 82-388, to reflect that alcoholic beverages shall not be offered for sale or consumption at sidewalk cafes between the hours of 2:00 a.m. and 8:00 a.m. The sale or consumption of alcoholic beverages in violation of Section 82-388 shall be enforced pursuant to Section 6-3(8), as amended by the first attached Ordinance. Fiscal Impact The Ordinances are not expected to have any fiscal impact on the City's resources.