2016-4047 Ordinance MXE PACKAGE STORE PROHIBITION
ORDINANCE NO. 2016-4047
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF
THE CITY CODE, ENTITLED "GENERAL PROVISIONS," SECTION
114-1, "DEFINITIONS," TO DEFINE PACKAGE STORES; AND
AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION
13, "MXE - MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING
SECTION 142-544 THEREOF, ENTITLED "PROHIBITED USES," TO
PROHIBIT PACKAGE STORES, PACKAGE SALES OF ALCOHOLIC
BEVERAGES, AND ENTERTAINMENT USES IN PACKAGE STORES
IN THE MXE DISTRICT; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") regulates the location, size, hours of
operation, and minimum patron age for alcoholic beverage establishments; and
WHEREAS, Chapter 6 of the City Code establishes minimum regulations for the sale
and consumption of alcoholic beverages throughout the City, and district-specific alcoholic
beverage regulations are set forth in Chapter 142; and
WHEREAS, the Mixed Use Entertainment ("MXE") district, which is the City's
entertainment district, is characterized by a variety of uses, ranging in intensity from apartment
buildings and retail stores to restaurants and entertainment establishments, which attract a large
volume of pedestrians and vehicular traffic; and
WHEREAS, package sales of alcoholic beverages in the MXE district encourage
individuals to consume alcoholic beverages in the City's parks, and on the City's streets and
sidewalks; and
WHEREAS, the consumption of open containers of alcoholic beverages in public places
disturbs the quiet enjoyment of the community, causes undesirable noise, and contributes to
litter, noxious odors, and the general degradation of the City; and
WHEREAS, additionally, the consumption of open containers of alcoholic beverages in
public places is a violation of Section 70-87 of the City Code; and
WHEREAS, it is therefore in the best interest of the City, and it serves the health, safety,
and welfare of the City's residents and visitors, to prohibit package stores and package sales of
alcoholic beverages in the MXE district; and
WHEREAS, in State ex rel. Floyd v. Noel (Fla. 1936), the Florida Supreme Court
recognized that "[i]t is so well settled that no citation of authority is required to support the
statement that a municipality exercising the powers inherent in municipal corporations may
reasonably regulate the sale of intoxicating liquors and in providing such reasonable regulations
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may prohibit the sale of such liquors within certain hours, and also may prohibit the sale of
liquors within certain zones"; 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.
Florida AGO 059-73 (1959); and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Section 114-1 of Chapter 114 of the City Code is hereby amended as follows:
CHAPTER 114
GENERAL PROVISIONS
Sec. 114-1. — Definitions
The following words, terms and phrases when used in this subpart B, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Overlay district means constitutes a set of regulations which are superimposed upon and
supplement, but do not replace, the underlying zoning district and regulations otherwise
applicable to the designated areas.
Package store means any store primarily engaged in the business of selling alcoholic
beverages for off-premises consumption and that has a license for package sales from the State
Division of Beverages and Tobacco in the classification of 1-APS, 2-APS, or PS.
* * *
SECTION 2. Section 142-554 of Chapter 142 of the City Code is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE II. — DISTRICT REGULATIONS
* * *
DIVISION 13. — MXE MIXED USE ENTERTAINMENT DISTRICT
* * *
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Sec. 142-544. — Prohibited uses.
The prohibited uses in the MXE mixed use entertainment district are accessory outdoor
bar counters, except as provided in this chapter; package stores; and package sales of alcoholic
beverages by any retail store or alcoholic beverage establishment. Additionally, entertainment
uses shall be prohibited in package stores.
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 /9 day of a her , 201.
ATTEST: '
i��2n '1\z � -- `ut Philip Levin-"Ma..9,,i
Rafae E. Granado, City CI:rk c �k. 9 l4�
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Verified By: ;.� _ .__.O •\
Thomas R. Mo t r 1A'-'-''∎' ; APPROVED AS TO
Planning Director t INCORP ORATED: * % FORM & LANGUAGE
& F•• EX CUTION
(Sponsored by Commissioner Ricky Arriofia).,? .�
Underline denotes new language ,c . City Attorney Dote
Strikethcouggh denotes removed language P/Double underline denotes language added after First Reading y'—'
denotes language removed after First Reading
F:\ATTO\KALN\ORDINANCES\MXE Package Stores-2nd Reading ORD.docx
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Ordinances - R5 0
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 19, 2016
11:10 a.m. Second Reading Public Hearing
SUBJECT: MXE PACKAGE STORE PROHIBITION:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE,
ENTITLED "GENERAL PROVISIONS," SECTION 114-1, "DEFINITIONS," TO
DEFINE PACKAGE STORES; AND AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 13, "MXE - MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING
SECTION 142-544 THEREOF, ENTITLED "PROHIBITED USES," TO PROHIBIT
PACKAGE STORES, PACKAGE SALES OF ALCOHOLIC BEVERAGES, AND
ENTERTAINMENT USES IN PACKAGE STORES IN THE MXE DISTRICT; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On July 13, 2016, the Mayor and City Commission approved a dual referral pertaining to an LDR
Amendment prohibiting package liquor stores in the MXE district to the Planning Board and the
Land Use & Development Committee (LUDC). The referral was sponsored by Commissioner
Ricky Arriola (item C41).
On July 20, 2016, the LUDC discussed the item and continued it to September 21, 2016
meeting. On September 21, 2016, the Land Use Committee recommended that the proposed
ordinance be adopted at Second Reading.
ANALYSIS
Package stores are retail uses that primarily sell alcoholic beverages and package sales are
alcoholic beverages for take-out and off premises consumption. In general, the City Code
allows for package stores and package sales in any area that allows retail sales. The hours and
locations (distance separation)are regulated in Chapter 6 of the City Code.
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The Mixed Use Entertainment ("MXE") district is characterized by a variety of uses, including
hotel, bars, restaurants, entertainment establishments, apartment buildings, and retail stores
which attract a large volume of pedestrians and vehicular traffic. The consumption of alcohol and
the high volume of people together are sometimes problematic and were identified as issues by
the Mayor's Blue Ribbon Panel on Ocean Drive and the City Commission.
Package sales of alcoholic beverages may encourage patrons to walk around with alcoholic
beverages and consume alcoholic beverages in the City's parks, and on the City's streets and
sidewalks. The consumption of open containers of alcoholic beverages in public places may
cause undesirable noise, as well as contribute to litter and noxious odors. Also, the consumption
of open containers of alcoholic beverages in public places is a violation of Section 70-87 of the
City Code.
The attached ordinance creates a definition for package store in Section 114.1, the definition
section of the Land Use Development Regulations (LDR's). Additionally, both package stores
and package sales of alcoholic beverages are listed as a prohibited use in Section 142-544,
under the MXE district regulations. Additionally, because entertainment is allowed in retail stores
city wide, the following ordinance clarifies that, in the MXE district, package stores are prohibited
from having entertainment.
PLANNING BOARD REVIEW
On August 23, 2016, the Planning Board (by a 6-0 vote) transmitted the proposed ordinance
amendment to the City Commission with a favorable recommendation.
UPDATE/SUMMARY
As indicated previously, the Administration believes that the proposed ordinance amendment is
a step in the right direction in terms of addressing tangible quality of life issues for residents and
visitors alike. The subject Ordinance was approved at First Reading on September 14, 2016
and subsequently endorsed by the Land Use and Development Committee on September 21,
2016.
At the request of the item sponsor, the ordinance has been updated to include a prohibition on
the package sales of alcoholic beverages by any retail store, in addition to the previous prohibition of
package sales in alcoholic beverage establishment. This will prohibit the package sale of alcoholic
beverages (beer, wine, liquor) in retail establishments in the MXE district.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
FINANCIAL INFORMATION
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.
Page 926 of 1614
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola and Co-sponsored by Commissioner Joy Malakoff
ATTACHMENTS:
Description
o Ordinance
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