2015-3939 Ordinance CHAPTER 82— PUBLIC PROPERTY
SIDEWALK CAFE ORDINANCE —ALCOHOL REGULATIONS
ORDINANCE NO. 2015-3939
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.
WHEREAS, there continues to exist the need for outdoor eating establishments
(sidewalk cafes) in certain areas of the City of Miami Beach ("City") to provide a unique
environment for relaxation and food and/or beverage consumption; and
WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to
these areas; and
WHEREAS, the presence of sidewalk cafes may thus impede the free and safe flow of
pedestrian traffic; and
WHEREAS, in order to facilitate and ensure a safe environment for residents and
visitors at sidewalk cafes, which are located on public rights-of-way, there is a need for
regulations and standards for the existence and operation of sidewalk cafes, including a need to
regulate the hours during which sidewalk cafes may offer alcoholic beverages for sale or
consumption; and
WHEREAS, the City has established permit conditions and safety standards for sidewalk
cafes in order to protect and promote the general health, safety, and welfare of the City's
residents and visitors; 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 amendments set forth below are necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 82-388 of Subdivision II, of Division 5, of Article IV, of Chapter 82 of
the Code of the Cit y follows:
of Miami Beach is hereby created as
CHAPTER 82
PUBLIC PROPERTY
Article IV. Uses in Public Rights-of-Way
* * *
DIVISION 5. SIDEWALK CAFES
* * *
Subdivision II. Permit
* * *
Sec. 82-388. Hours of sale of alcoholic beverages; enforcement.
fal Alcoholic beverages shall not be offered for sale or consumption at sidewalk cafes
between the hours of 2:00 a.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. Compliance with this
section shall be a condition of maintaining a sidewalk cafe permit.
A violation of this section shall be enforced and penalties shall be imposed in
accordance with section 6-3(8) of this Code.
Secs. 82-388 82-389-82-410. Reserved.
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 y , 2015.
ATTEST:
5 _fS 1*& . .. I����'i Philip Le - % or
Raf:el E. Granado, City 0
.-.
(Sponsored by Mayor Phi y�
Le RP
� r W� ORATEp xr go
(Sponsored by Commissi 4 M cha. ieco):••<0 s
—57 4 ... ci\
First Reading: May 6, 2i'ck.,44,; 26`����•'''�
Second Reading: May 20, 2015 -`"
Underline denotes new language
Double underline denotes language added at Second Reading
denotes removed language
APPROVED AS TO
FORM AND LANGUAGE
AND FOR EXECUTION
Or-,\-- 5 \v. •5
4tP<orney Date
F:\ATTO\KALN\ORDINANCES\Alcohol\Alcohol Amendments to Sidewalk Cafe Ordinance as amended.docx
34NE.i SUNDAY,MAY 10,2015 .NE . MiamiHeratd,com I MIAMI HERALD
CITY OF MIAMI BEACH
A s ; p j
T NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a public hearing will be held by the
Mayor and City Commissioners of the City of Miami Beach, Florida,
in the Commission Chambers;Third Floor, City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, on Wednesday, May 20, 2015.at
5:15 p.m.,or as soon thereafter as the matter can be heard,to consider:
Chapter 6-Alcoholic Beverages
An Ordinance 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. Inquiries
may be directed to the Office of the City Attorney at 305.673.7470.
Chapter 82-Public Property Sidewalk Café Ordinance-Alcohol Regulations
An Ordinance Amending Chapter :82, Entitled "Public Property;' Of
The Code OfThe 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 ProvideThat 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.Inquiries
may be directed to the Office of the City Attorney at 305.673.7470.
INTERESTED PARTIES are invited to appear at this meeting, or be t
represented by an agent,or to express their views in writing addressed
to the City Commission, cio the City Clerk, 1700 Convention Center
Drive, 1St Floor, City Hall, Miami Beach, Florida 33139.These items are 7
available for public inspection during normal business hours in the
City Clerk's Office, 1700 Convention Center Drive, 1"Floor, City Hall,
Miami Beach, Florida 33139:This meeting, or any item herein, may be
continued,and under such circumstances, additional legal notice need
not be provided.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the. i
public that if a person decides to appeal any decision made by the
City Commission with respect to any matter considered at its meeting
or its hearing, such person must ensure that a verbatim record of the
proceedings is made,which record includes the testimony and evidence
upon which the appeal is to be based.This notice does not constitute:
consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant evidence,nor does it authorize challenges or
appeals not otherwise allowed by law.
To requestthese materials in alternate format,sign language interpreter
(five-day notice required), information on access for persons with
disabilities, and/or any accommodation to review any document or
participate in any City-sponsored proceedings, call 305.604.2489 and.
select 1 for English or 2 for Spanish,then option 6;TTY users may call
via 711 (Florida Relay Service).
Rafael E.Granado,City Clerk
City of Miami Beach