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2016-4004 Ordinance CHAPTER 6—ALCOHOLIC BEVERAGES ORDINANCE NO. 2016-4004 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A - GENERAL ORDINANCES, CHAPTER 6 "ALCOHOLIC BEVERAGES" OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING ARTICLE I, "GENERAL PROVISIONS", TO CONSOLIDATE ALL PROVISIONS RELATING TO ALCOHOL REGULATION IN ONE CHAPTER OF THE CITY CODE BY RELOCATING CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS FROM CHAPTER 142 AND PLACING THOSE PROVISIONS IN CHAPTER 6; PROVIDING FOR HOURS OF OPERATION; LOCATION AND USE RESTRICTIONS; PATRON AGE RESTRICTIONS; MINIMUM SEATS AND HOTEL ROOMS REQUIREMENTS; BY AMENDING ARTICLE II, "CONDUCT," BY MODIFYING AND CREATING DEFINITIONS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; EXCEPTIONS; AND AN EFFECTIVE DATE. WHEREAS, Alcoholic Beverages are addressed in Chapters 6, entitled "Alcoholic Beverages;" and WHEREAS, to ensure that all regulations relating to alcoholic beverages are clear and concise and in one location of the code that is logical and convenient to user; and WHEREAS, the amendment set forth below is 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. Chapter 6, "Alcoholic Beverages," is amended, as follows: ARTICLE I. - IN GENERAL Section 6-2. Licenses. (a) No vendor shall sell or distribute any alcoholic beverages without securing a license from the Florida Division Of Alcoholic Beverages And Tobacco Of The Department Of Business And Professional Regulation of the state ("State License"). A service charge as specified in Appendix A shall be paid by an applicant requesting the review of an application to the state for an beverage State license. The purpose of this charge is to defray the cost to the City for the - -- -- - -- -- -- - •-• -- - ---, - - - _ •••• . - - - -- : e '•e - - - --_e review of the regulations enumerated in herein Chapter 6, - -: - - - -- - - - - - -- ••-- •- --- •:- and any other zoning inspection and/or review that may be applicable to the review of such an application. listed in section 11$ 191 et seq. 1 Sec. 6-3. Hours of Sale/Violations. (a) The hours of sale of alcoholic beverages, whether as a permitted main or accessory use, shall require a State License, and shall be according to the following schedule, except as may be otherwise provided pursuant to subsection (6): (1) Retail stores for package sales only — off premises consumption, either as _- ..•• __ "-•' - - - - - - . Vendors - _ .-- -- - _ .. . ._- _•-- - - • - : -•-• - - - - - - - - -- e- . - - - - • -•• may make sales of alcohol only for off premises consumption between the hours of 8:00 a.m. and midnight . (2) Retail stores, including grocery, —convenience stores, and gasoline service/filling stations, -• -- - e" "• - • -•• - - ---- = - --, which primarily offer for sale products other than alcoholic beverages may make sales of beer and wine only for off premises consumption sealed containers between the hours of 8:00 a.m. and midnight—en—any—day—of—the—week. (3) All alcoholic beverage establishments with state licensure _ -:- - - e . - ..-- "•: -.e ' _ _:e e . . —on premise consumption only, either as permitted main or accessory uses, shall only offer for sale the on-premises __- - " e ._ _ - _---- '_ _- . - -e " -•' may make sales of alcohol between the hours of 8:00 a.m. and 5:00 a.m. a. Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic beverage establishments 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 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-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 {midnight to 5:00 a.m.), not containing restaurants with full kitchen facilities, shall close at 5:00 a.m. and- eep remain closed. the place of business and not No patron or other persons, other than those employed by the vendor maybe—remain on the premises 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 2 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. (4) Off-premises package sales by alcoholic beverage establishments. Off-premises package sales associated with alcoholic beverage establishments other than retail stores shall be permitted between the hours of 8:00 a.m. and midnight. for all (5) Consideration of a request for a private club Conditional Use permit, including the hours of operation, shall be pursuant to the Conditional Use Procedures and Review Guidelines as listed in section 118-191, et seq. ' - - - - e -• - - - e" •• "e "-•' e - e - e" -e' •:" "e - -- - - - - -- •- = - Hours of operation and the consumption of alcoholic beverages will be considered between the hours of 8:00 a.m. and 5:00 a.m., Monday through Sunday, provided that service is made only to members and guests of members as provided under the --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 State Llicense e" - - - !• • •- - - -- - •- by complying with the requirements of Florida- Statute: § 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 -Business Tax Receipt and complies with the above requirements. (6) 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 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 chief's 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; The State License is current; and 3 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. The City Manager may suspend the provisions of subsection (6) at any time to protect the public health, safety, or welfare. Section 6-4. Location and use restrictions. (a) Generally. The following location and use restrictions are applicable for facilities selling or offering alcoholic beverages for consumption: * * * (2) Places of worship. No alcoholic beverage shall be sold or offered for consumption in a -- • •-- -.- --- - -- - • - - - - - - e -- - - - •- -- -- premices, alcoholic beverage establishment, including bottle clubs, within 300 feet of any property used as a place of worship, except in restaurants operating with full kitchens and serving full meals for consumption on the premises. * * * (5) Filling station. No liquor as defined by Florida Statute § 568.01 shall be sold or offered for consumption on or off the premises of any filling station. * * * (b) Determination of minimum distance separation. (1) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the main entrance or exit in which the use associated with alcoholic beverages occurs to the nearest point of the property used for a public or private school. In cases where a minimum distance is required between two uses associated with the alcoholic beverages for consumption on or off the premises other than a public or private school, the minimum requirement shall be determined by measuring a straight line between the principal means of entrance of each use. (2) When a distance separation is required, a scaled survey drawn by a registered land surveyor shall be submitted attesting to the separation of the uses in question. This requirement may be waived upon the written certification by the planning and—zoning director that the minimum distance separation has been met. (c) Variances. Variances to the provisions of this section may be granted pursuant to the procedure in section 118-351, et seq. 4 Sec. 6-5. Patron age restrictions. (a) It shall be unlawful for persons under the age of 21 to patronize, visit, loiter, be admitted or allowed access, in any alcoholic beverage establishment, as defined in section 114-1 of this Code, except as hereinafter provided. This restriction shall not apply to: (1) Persons employed by or at the alcoholic beverage establishments; (2) Persons accompanied by either of their parents (natural, adoptive, or stepparent) or legal guardian (appointed by a court); (3) Alcoholic beverage establishments also licensed and operating as restaurants, containing a full kitchen of appropriate size to serve the occupancy load of the establishment, serving full meals at all times. In the case of hotels and other similar multiuse establishments, this restriction applies only to those areas of the establishment operating primarily as an alcoholic beverage establishment, and not also operating as a restaurant ; and (4) Alcoholic beverage establishments also licensed and operating as motion picture theaters, subject to compliance with subsection 6-4(a)(4). Section 6-6. Minimum seats and hotel room requirements: Vendors shall be permitted to sell alcoholic beverages within zoning districts if such district permits as a permitted main use or accessory use one of the following: Restaurant, bar, alcoholic beverage establishment, outdoor cafe, private club, hall for hire or golf clubhouse pursuant to the following standards: Lll Permitted main uses: a. Restaurants, alcoholic beverage establishments, and private clubs shall be permitted to sell alcoholic beverages for consumption on the premises based upon the following; when beer and wine are served a minimum of 30 seats shall be provided; and when, beer, wine and liquor are served, a minimum of 60 seats shall be provided. b. Outdoor cafes, when visible from or facing a public street and associated with (a) above, shall have a minimum of 20 seats in order to be permitted to sell alcoholic beverages for consumption on the premises. c. Outdoor cafes, when not visible from or on a public street, alley, or way, and associated with (a) above, shall have no minimum seating requirement and shall be permitted to sell alcoholic beverages only for consumption on the premises. d. Golf clubhouse located on a golf course shall be permitted to sell alcoholic beverages only for consumption on the premises. 5 (2) Accessory uses. Hotels, apartment-hotels, or apartments, when permitted under Chapter 142, shall be permitted to have accessory uses on site, which sell alcoholic beverages pursuant to the following minimum standards: a. Restaurants, alcoholic beverage establishments, and private clubs shall be permitted to sell alcoholic beverages for consumption on the premises based upon the following; when beer and wine are served a minimum of 30 seats shall be provided; and when, beer, wine and liquor are served, a minimum of 40 seats shall be provided. b. Outdoor cafes when visible from a public street which have a minimum of 20 seats are permitted to sell alcoholic beverages for consumption only on the premises. c. Outdoor cafes when not visible from a public street, alley, or way, shall have no minimum seating requirement and shall be permitted to sell alcoholic beverages only for consumption on the premises. d. Golf clubhouse; when located on a golf course, the sale of alcoholic beverages is permitted only for consumption on the premises. e. Hotels, when requesting a "S" Class State License shall be required to demonstrate that they comply with all applicable Florida Statutes. Section 6-7. Exemptions. (a) Notwithstanding any other provision of this division, the sale of beer for off-premises consumption by a vendor licensed for such sale from that location by the division of alcoholic beverages and tobacco of the department of business and professional regulation of the state shall be exempt from the regulations in section 6-4, and 6-6. However, the sale by such vendor of alcoholic beverages other than beer and of beer for on-premises consumption be conducted in accordance with the provisions of section 6-6. (b) Nothing herein shall be construed to restrict sales of alcoholic beverages in the civic and convention center district (CCC) or government use (GU) district. ARTICLE II. CONDUCT Section. 6-36. Definitions. The following words, terms and phrases, when used in this aisle Chapter, shall have the meanings ascribed to them in this section or if not defined in this Chapter, the meaning ascribed to them in Chapters 114 and 142, except where the context clearly indicates a different meaning: Alcoholic beverage sales—On premises means the sale of beverages in open containers for consumption on the premises only. Alcoholic beverage sales—Package means the sale of beverages in sealed containers for consumption off the premises. 6 * * * Full kitchen facilities means 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. * * * School means a facility providing a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, high schools and comparable private schools. Section 6-37. Violations and penalties. Upon a finding by the appropriate administrative official or agency that a violation of this article has occurred, the City shall initiate proceedings to revoke the Business Tax Receipt, Certificate of Use, eoGupatienal4iGense or Certificate of Occupancy, whichever is appropriate. Additionally, this article may be enforced and violations may be punished as follows: * * * 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 and the same 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. 7 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this 1 day of fl1 arck , 21 . lipW. Philip Levin=(M-,, /f ATTEST. / ,,�sexemo��miPloji,-- ,- 1 i • %'�; ; i to I1 y► ... . f I,Rafae' E. -ana.o, City Clerk z ��,.. `'"7`.".. APPROVED AS TO �:: ''" tORM & LANGUAGE ' &FOR EXECUTION �= RP �RATE�= :tiNCO e, x---- . %- 1 ikt First Reading: February 10, 2016 �i �••• .•.. �' Vile Second Reading: March 9 016 ttit�,g.'•.....°'' . div CnyAttomey CH 2:040. / ‘u wapso• tip/7 Verified by: ► / Th mas Mooney, APP Planning Director Underscore denotes new language denotes removed language T:\AGENDA\2016\February\Planning\Alcohol Regs Ch 6 First Reading ORD.docx 8 COMMISSION ITEM SUMMARY Condensed Title: Ordinances proposing to amend chapter 6 and chapter 142 pertaining to alcoholic beverages. Key Intended Outcome Supported: Increase satisfaction with neighborhood character. Increase satisfaction with development and growth management across the City. Supporting Data (Surveys, Environmental Scan,etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is"about the right amount." Item Summary/Recommendation: SECOND READING-PUBLIC HEARING The subject ordinances would consolidate and relocate existing requirements for alcoholic beverages in chapter 6 and zoning districts and alcoholic beverages in chapter 142 of the City Code. On July 29, 2015, the Land Use Committee discussed the item and recommended that an ordinance be referred to the Planning Board. On October 14, 2015, the City Commission referred the item to the Planning Board. On February 10, 2016, the City Commission: 1) accepted the recommendation of the Land Use and Development Committee via separate motion; 2) approved the attached ordinances at First Reading; and 3) scheduled a Second Reading Public Hearing for March 9, 2016. The Administration recommends that the City Commission adopt the ordinances. Advisory Board Recommendation: On December 15, 2015, the Planning Board transmitted the proposed ordinance amendments to the City Commission with an unfavorable recommendation (Vote 7-0) Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: Thomas Mooney Sign-Offs: Department Director Assi_ . t Ci i Manager City Manager •, T:\AGENDA\2016\March\Planning\Alcohol Regs SECOND Reading-SUM.docx MIAMIBEACH AGENDA ITEM R S DATE 3 9-�L MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COM SSION MEMORANDUM TO: Mayor Philip Levine and Members of e City Com ission • • FROM: Jimmy L. Morales, City Manager DATE: March 9, 2016 S�� OND -EADING — PUBLIC HEARING 1 SUBJECT: Ordinance Amendments to Chapter and Chapter 142—Alcoholic Beverages Chapter 6: Alcoholic Beverages AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A - GENERAL ORDINANCES, CHAPTER 6 "ALCOHOLIC BEVERAGES" OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING ARTICLE I, "GENERAL PROVISIONS", TO CONSOLIDATE ALL PROVISIONS RELATING TO ALCOHOL REGULATION IN ONE CHAPTER OF THE CITY CODE BY RELOCATING CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS FROM CHAPTER 142 AND PLACING THOSE PROVISIONS IN CHAPTER 6; PROVIDING FOR HOURS OF OPERATION; LOCATION AND USE RESTRICTIONS; PATRON AGE RESTRICTIONS; MINIMUM SEATS AND HOTEL ROOMS REQUIREMENTS; BY AMENDING ARTICLE II, "CONDUCT," BY MODIFYING AND CREATING DEFINITIONS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; EXCEPTIONS; AND AN EFFECTIVE DATE. Chapter 142: Zoning Districts and Alcoholic Beverages AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICTS AND REGULATIONS;" ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS" DIVISION 4, "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT" DIVISION 5, "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT" DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT" DIVISION 7, "CCC CIVIC AND CONVENTION CENTER DISTRICT" DIVISION 8, "GC GOLF COURSE DISTRICT" DIVISION 9, "GU GOVERNMENT USE DISTRICT" DIVISION 10, "HD HOSPITAL DISTRICT" DIVISION 11, "I-1 LIGHT INDUSTRIAL DISTRICT" DIVISION 12, "MR MARINE RECREATION DISTRICT;" DIVISION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT;" DIVISION 16, "WD-1 WATERWAY DISTRICT" DIVISION 17, "WD-2 WATERWAY DISTRICT" DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," DIVISION 20 "TC NORTH BEACH TOWN CENTER DISTRICTS," TO DELINEATE ALL ALCOHOLIC BEVERAGE ESTABLISHMENTS AS RELATED MAIN PERMITTED, CONDITIONAL, AND PROHIBITED USES BY ZONING DISTRICT; MODIFYING CHAPTER 142, Commission Memorandum Alcohol Ordinances:Chapters 6& 142 March 9, 2016 Page 2 of 5 ARTICLE V, "SPECIALIZED USE REGULATIONS," TO DELETE DIVISION 4, AND SECTION 143-1301, ENTITLED "PERMITTED DISTRICTS; STRIKING ALCOHOL REGULATIONS RELATING TO HOURS OF OPERATION, MINIMUM SEAT AND HOTEL ROOMS FROM CHAPTER 142 "ZONING DISTRICTS AND REGULATIONS", ARTICLE II "DISTRICT REGULATIONS;" AND MODIFYING CHAPTER 142, ARTICLE V "SPECIAL USE REGULATIONS," AT DIVISION 4 "ALCOHOLIC BEVERAGES," BY STRIKING SECTIONS 142-1302 AND 142- 1303; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; EXCEPTIONS; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the ordinances. BACKGROUND The following is a summary of the legislative tracking of the proposed ordinances: July 9, 2014 The Land Use and Development Committee (LUDC) discussed potential amendments to the City Code pertaining to alcoholic beverage establishments, allowable accessory uses and Neighborhood Impact Establishments (NIE). The Committee recommended that the City Commission refer a discussion item to the Land Use Committee pertaining to the following: 1. Alcoholic Beverage Establishments (Chapter 6); 2. Requirements for determining the size and square footage of "Accessory Uses" in relation to the main permitted use; and 3. The clarification of threshold standards for Neighborhood Impact Establishments. (NOTE: This part of the legislation was to address the current conflict between the requirements of the life-safety code as it pertains to the establishment of an occupational load and the zoning standards for an NIE.) July 23, 2014 The Mayor and the City Commission referred to the LUDC (Item C4K) a discussion item regarding proposed amendments to the City Code pertaining to alcoholic beverage establishments, allowable accessory uses and Neighborhood Impact Establishments (NIE). October 1, 2014 The Land Use Committee discussed the proposal and directed the Administration to draft an Ordinance and return to the Committee on November 5, 2014. (Note: the draft ordinances requested were not ready in time for the November 5, 2014 LUDC meeting, so the item was moved to the December 10, 2014 LUDC meeting). December 10, 2014 The LUDC discussed three proposed draft ordinance amendments (Chapter 6, Chapter 114 and Chapter 142). Commissioner Malakoff agreed to be the sponsor of the proposed legislation. The proposed ordinance amendments, while primarily a clean-up and consolidation proposal, did include some substantive changes (see substantive changes in the Analysis section below), as well as a number of text changes in order to accommodate the proposed consolidations. After extensive discussion by the Committee and the public, the LUDC recommended that the City Commission refer the subject Ordinances (Chapters 6, 114 & 142), including the amendments discussed, to the Planning Board. Commission Memorandum Alcohol Ordinances:Chapters 6& 142 March 9, 2016 Page 3 of 5 January 14, 2015 The City Commission referred the proposed amendments to Chapters 6, 114 & 142 of the City Code to the Planning Board (Item C4H). February 24, 2015 The Planning Board had a lengthy discussion regarding the proposed ordinances, recommended further revisions and continued the items to the March 24th, 2015 meeting. March 24, 2015 The Planning Board discussed the updated ordinances and continued the items to the May 26th 2015 meeting. The Board requested that Planning Staff meet with affected stakeholders prior to May 26, 2015. April 17, 2015 Planning staff met with representatives of business interests affected by the proposed legislation, including a number of Land Use Attorneys. May 11, 2015 Planning staff met with residents of the Palm View and WAVNA neighborhoods regarding the proposed legislation May 26, 2015 The Planning Board discussed the item and continued the proposed ordinances to the July 28th 2015 meeting. July 8, 2015 The City Commission removed the subject ordinances from the Planning Board agenda and re- referred the matter to the Land Use and Development Committee for further discussion. July 29, 2015 The Land Use Committee discussed the item and considered two (2) revised versions of the legislation: "Option A Clarifies and adds definitions in Chapter 114, consolidates the code language pertaining to alcoholic beverage establishments into Chapter 6, clarifies language used in Chapters 6 and 142 in regards to accessory uses and Neighborhood Impact Establishment thresholds, updates the code to align it with current state statues and adds new neighborhood compatibility requirements. "Option B": New language pertaining to hours of operation for alcoholic beverage establishment South of Fifth Street. After discussing the item, the Land Use Committee recommended that Option "B" be removed from consideration and that Option "A", as slightly modified, be referred to the Planning Board. September 2, 2015 The City Commission discussed the recommendation of the Land Use Committee to refer the subject ordinances to the Planning Board. The Commission continued the item to October 14, 2015, in order to better evaluate the recommendation of the Land Use Committee. Commission Memorandum Alcohol Ordinances:Chapters 6& 142 March 9, 2016 Page 4 of 5 October 14, 2015 The City Commission referred the subject ordinances to the Planning Board (Item C4A), with additional language pertaining to `ambient DJ's". The current sponsor of the proposed Ordinances is Commissioner Joy Malakoff. November 24, 2015 The Planning Board discussed the proposed ordinances and continued the item to the December 15, 2015 meeting. The Board also recommended further revisions to the legislation, pursuant to the public discussion. December 15, 2015 The Planning Board discussed the proposed Ordinance, as revised, and transmitted the legislation to the City Commission with an `Unfavorable' recommendation. The Planning Board also recommended that if the City Commission was to consider approving the Ordinances, that such approval be limited to those portions of the legislation that are `clarifications' and `consolidations' only. ANALYSIS The subject legislation has been pending since January of 2015 when it was first referred to the Planning Board. The original Ordinances were reviewed and discussed on multiple occasions by the Land Use Committee and the Planning Board. The Planning Board has recommended that the City Commission only consider for approval the non-substantive clarification and consolidation portions of the proposed legislation. In light of the size and complexity of the original proposed Ordinance, incorporating additional new text and modified regulations proved challenging, particularly from a review standpoint. In light of this, on January 13, 2016, the City Commission directed the Administration to remove all of the substantive portions of the legislation and bring back a revised version for First Reading that is limited to the consolidation items, as recommended by the Planning Board. The First Reading versions of the revised ordinances reflect this direction. The proposed revisions to Chapter 114 were deleted, as this revision consisted of solely new language. The changes proposed herein consolidate all alcoholic beverage regulations into Chapter 6, instead of having alcoholic beverage regulations scattered throughout the zoning code. Also, the applicable alcoholic beverage establishment uses in Chapter 142 have been relocated into the use sections for the individual zoning districts, instead of having a separate list in a different section of the Code. PLANNING BOARD REVIEW On December 15, 2015, the Planning Board reviewed a comprehensive set of proposed revisions to the City's alcoholic beverage regulations, which are now contained in two separate draft Ordinances, and transmitted the legislation to the City Commission with an `Unfavorable' recommendation. The Planning Board also recommended that the City Commission only consider for approval the non-substantive clarification and consolidation portions of the proposed legislation. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City. Commission Memorandum Alcohol Ordinances:Chapters 6&142 March 9 2016 • Page 5 of 5 • `UPDATE: The,subject ordinances were approved at First Reading on February 10, 2016. CONCLUSION ' The;_Administration recommendsth-at the-City Commission adopt the;;ordinances. • . , . • JLM/SMT/TRM • T 1AGENDA\2016\ March\Planning\Alcohol:Regs:SECOND Reading-MEMO docx: • • • • • • • • • • ■ • • • w 0 Z 13 0 O O C N C O C.4 C m N r -c m C C W 0 U Y O C w C C y ..1:11 y y y f,E 2"..E m o m 2"5 O g L m m«LL -O ¢ co.•c cQ«'p mE c-LL 4-1)3m E m v c_ • c m_ ▪ Ol grit m °•.at 2o ' m U m m. 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