2015-3984 Ordinance CHAPTER 6—ALCOHOLIC BEVERAGES
ORDINANCE NO. 2015-3984
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," AND AMENDING CHAPTER 82, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC
RIGHTS-OF-WAY," DIVISION 5, ENTITLED "SIDEWALK CAFES,"
SUBDIVISION II, ENTITLED "PERMIT," SECTION 82-388 THEREOF,
ENTITLED "HOURS OF SALE OF ALCOHOLIC BEVERAGES;
ENFORCEMENT," TO CLARIFY THAT AN ALCOHOLIC BEVERAGE
ESTABLISHMENT PERMITTED TO SERVE ALCOHOLIC BEVERAGES FOR
ON-PREMISES CONSUMPTION UNTIL 5:00 A.M. MAY CONTINUE TO
SERVE ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION
AND, IF THE ESTABLISHMENT IS LOCATED ON OCEAN DRIVE BETWEEN
5TH STREET AND 15TH STREET, FOR CONSUMPTION AT THE
ESTABLISHMENT'S SIDEWALK CAFE UNTIL 7:00 A.M. ON NEW YEAR'S
DAY AND DURING CERTAIN MAJOR EVENT DAYS OR WEEKENDS AS
MAY BE DESIGNATED OR APPROVED BY THE CITY COMMISSION; 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 of uses that permit the sale and consumption of alcoholic beverages in Chapter 6 of
the City Code, entitled "Alcoholic Beverages"; and
WHEREAS, Section 6-3(6) of the City Code currently provides that alcoholic beverage
establishments permitted to serve alcoholic beverages for on-premises consumption until 5:00
a.m. may offer alcoholic beverages for on-premises consumption until 7:00 a.m. on New Year's
Day and during certain major event days or weekends as may be designated or approved by
the City Commission; and
WHEREAS, on May 20, 2015, the Mayor and City Commission adopted Ordinance Nos.
2015-3938 and 2015-3939, which terminated the service of alcoholic beverages at sidewalk
cafes at 1:30 a.m. and terminated the consumption of alcoholic beverages at sidewalk cafes at
2:00 a.m.; and
WHEREAS, notwithstanding Ordinance Nos. 2015-3938 and 2015-3939, this
amendment to the City Code clarifies that alcoholic beverages establishments located on Ocean
Drive between 5th Street and 15th Street, that are licensed to serve alcoholic beverages for on-
premises consumption until 5:00 a.m., may offer alcoholic beverages for sale or consumption at
their sidewalk cafes until 7:00 a.m. on New Year's Day and during certain major event days or
weekends; 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
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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, 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, THAT:
SECTION 1. 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
Section 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 (6):
(1) Retail stores for package sales only, either as permitted main or accessory uses.
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, either as permitted main or accessory uses, shall only offer alcoholic
beverages for sale 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, 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.
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(b) Restaurants also operating as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments, 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-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, 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 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 club, either as a permitted main or accessory use, 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. 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., 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 F.S. § 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 such private club is the
holder of an extra-hours license and complies with the above requirements.
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(6) Notwithstanding subsection (3)(d), an Aalcoholic 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 for
on-premises consumption and, if the alcoholic beverage establishment is located on
Ocean Drive between 5th Street and 15th Street, for consumption at the
establishment's sidewalk cafe (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 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 and, if the alcoholic beverage establishment is located on
Ocean Drive between 5th Street and 15th Street, for consumption at the
establishment's sidewalk cafe 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.
(7) The city manager may suspend the provisions of subsection (6) at any time to protect
the public health, safety, or welfare.
(8) 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;
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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.
(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
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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).
SECTION 2. Section 82-388, entitled "Hours of Sale of Alcoholic Beverages; Enforcement," of
Subdivision II, of Division 5, of Article IV, of Chapter 82, of the City Code of the City of Miami
Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV. Uses in Public Rights-of-Way
* * *
Division 5. Sidewalk Cafes
* * *
Subdivision II. Permit
* * *
Section 82-388. Hours of sale of alcoholic beverages; exceptions; enforcement.
(a) Alcoholic beverages shall not be offered for sale or consumption at sidewalk
cafes between the hours of 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.
Notwithstanding subsection (a), alcoholic beverages may be offered for sale or,
consumption and may be consumed at sidewalk cafes located on Ocean Drive between
5th Street and 15th Street at such additional times as provided in Section 6-3 of this
Code.
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{b .Q A violation of this section shall be enforced and penalties shall be imposed in
accordance with section 6-3(8) of this Code.
SECTION 3. 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 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 16 day of De.c mhe ✓ , 2015.
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1915 • 2015
MIAMEBEACH
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
To: Mayor Philip Levine Date: December 16, 2015
Members of the City Commission
From: Raul J. Aguila n (\1
1,
City Attorney r
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," AND AMENDING CHAPTER
82, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV,
ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, ENTITLED
"SIDEWALK CAFES," SUBDIVISION II, ENTITLED "PERMIT," SECTION
82-388 THEREOF, ENTITLED "HOURS OF SALE OF ALCOHOLIC
BEVERAGES; ENFORCEMENT," TO CLARIFY THAT AN ALCOHOLIC
BEVERAGE ESTABLISHMENT PERMITTED TO SERVE ALCOHOLIC
BEVERAGES FOR ON-PREMISES CONSUMPTION UNTIL 5:00 A.M. MAY
CONTINUE TO SERVE ALCOHOLIC BEVERAGES FOR ON-PREMISES
CONSUMPTION AND, IF THE ESTABLISHMENT IS LOCATED ON
OCEAN DRIVE BETWEEN 5TH STREET AND 15TH STREET, FOR
CONSUMPTION AT THE ESTABLISHMENT'S SIDEWALK CAFE UNTIL
7:00 A.M. ON NEW YEAR'S DAY AND DURING CERTAIN MAJOR EVENT
DAYS OR WEEKENDS AS MAY BE DESIGNATED OR APPROVED BY
THE CITY COMMISSION; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Michael Grieco, the attached Ordinance is submitted
for consideration by the Mayor and City Commission. The Ordinance amends Chapter 6 of the
City Code, entitled "Alcoholic Beverages."
Section 6-3(6) of the City Code currently provides that alcoholic beverage establishments
permitted to serve alcoholic beverages for on-premises consumption until 5:00 a.m. may offer
alcoholic beverages for on-premises consumption until 7:00 a.m. on New Year's Day and during
certain major event days or weekends as may be designated or approved by the City
Commission. In order to offer alcoholic beverages until 7:00 a.m. on such days, an alcoholic
beverage establishment must satisfy the conditions set forth in Section 6-3(6).
Agenda Item R A
Date /2-1b-(r
Amendment to Chapter 6, "Alcoholic Beverages"
December 16, 2015
Page 2
On May 20, 2015, the Mayor and City Commission adopted Ordinance Nos. 2015-3938 and
2015-3939, which terminated the service of alcoholic beverages at sidewalk cafes at 1:30 a.m.
and terminated the consumption of alcoholic beverages at sidewalk cafes at 2:00 a.m.
This Ordinance clarifies that, notwithstanding Ordinance Nos. 2015-3938 and 2015-3939, an
alcoholic beverage establishment located on Ocean Drive between 5th Street and 15th Street,
that is licensed to serve alcoholic beverages for on-premises consumption until 5:00 a.m., may
offer alcoholic beverages for sale or consumption at the establishments sidewalk café until 7:00
a.m. on New Year's Day and during certain major event days or weekends as may be
designated by the Mayor and City Commission.
RA/NK/sc
F:\ATTO\KALN\COMMISSION MEMOS\Alcohol Sidewalk Cafes NYE Amendment 2nd reading.docx
T U3514Y DECEMBER 3IQ13 I NEIGHBORS I 17NE
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CITY OF MIAMI BEACH
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, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach,
Florida,on December 16,2015 at 5:01 p.m.,or as soon thereafter as the matter
can be heard,to consider:
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 01 Saler And Amending Chapter 82,
Entitled "Public Property," By Amending Article IV, Entitled "Uses In Public
Rights-Of-Way;' Division 5, Entitled "Sidewalk Cafes;' Subdivision II, Entitled
"Permit;" Section 82-388 Thereof, Entitled "Hours Of Sale Of Alcoholic
Beverages;Enforcement7To ClarifyThat An Alcoholic Beverage Establishment
Permitted To Serve Alcoholic Beverages For On-Premises Consumption Until
5:00 A.M. May Continue To Serve Alcoholic Beverages For On-Premises
Consumption And For Consumption At The Establishment's Sidewalk Cafe
Until 7:00 A.M. On NewYear's Day And During Certain Major Event Days Or
Weekends As May Be Designated Or Approved ByThe City Commission;And
Providing For Repealer, Severability, Codification, And An Effective Date.
Inquiries may be directed to Office of the City Attorney at 305.673.7470.
INTERESTED PARTIES are invited to appear at this meeting,or be represented
by an agent, or to express their views in writing addressed to the City
Commission, do the City Clerk, 1700 Convention Center Drive, 1"Floor, City
Hall, Miami Beach, Florida 33139.This item is available for public inspection
during normal business hours in the Office of the City Clerk,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 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 request this material 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
Ad 1107
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