2016-4054 Ordinance SOUTH OF FIFTH
ALCOHOLIC BEVERAGE ESTABLISHMENT OPERATIONAL REGULATIONS
OPTION B
(AS REQUESTED BY THE CITY COMMISSION,
WITHOUT "LEGAL CONFORMING USE" PROVISIONS)
ORDINANCE NO. 2016-4054
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 18, "PS
PERFORMANCE STANDARD DISTRICT," SECTION 142-693,
"PERMITTED USES," TO AMEND THE HOURS OF
OPERATION, LOCATION AND USE RESTRICTIONS FOR
PROPERTIES SOUTH OF FIFTH STREET; PROVIDING THAT
EXISTING ALCOHOLIC BEVERAGE ESTABLISHMENTS
SHALL BE DEEMED LEGAL CONFORMING USES; AND
PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the South of Fifth Street area has historically been composed of mixed use
residential, hotel, retail, recreational and alcohol beverage establishments, which primarily serve
City residents and tourists; and
WHEREAS, alcoholic beverage establishments in Miami Beach have been historically
concentrated in the commercial and mixed-use entertainment districts along Washington
Avenue, Collins Avenue, and Ocean Drive; and
WHEREAS, alcoholic beverage establishments in the South of Fifth neighborhood are in
close proximity to residential uses; and
WHEREAS, the City Code allows certain uses within the zoning districts south of Fifth
Street, which, absent mitigation, could be incompatible with adjacent residential uses; and
WHEREAS, large restaurants, stand-alone bars, outdoor seating areas and sidewalk
cafés can sometimes be incompatible with the quality of life of adjacent residential
neighborhoods if not regulated; and
WHEREAS, the Mayor and City Commission desire to encourage uses that are
compatible with the character of the neighborhood; and
WHEREAS, pursuant to Section 562.14, Florida Statutes, a municipality may, by
ordinance, establish hours of sale for alcoholic beverages; and
WHEREAS, Florida courts have rejected equal protection and due process challenges to
Section 562.14, Florida Statutes (See Wednesday Night, Inc. v. City of Fort Lauderdale (Fla.
1973)); 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
may prohibit the sale of such liquors within certain hours, and also may prohibit the sale of
liquors within certain zones"; and
WHEREAS, in Makos v. Prince (Fla. 1953), the Florida Supreme Court recognized that a
county may establish separate zones for the hours of sale of alcoholic beverages, and that the
regulation of hours need not be uniform throughout the county as a whole; and
WHEREAS, Florida courts have consistently held that alcoholic beverage
establishments are not entitled to grandfather status as to hours of sale for alcoholic beverages
(See Village of North Palm Beach v. S & H Foster's, Inc. (Fla. 4th DCA 2012); Other Place of
Miami, Inc. v. City of Hialeah Gardens (Fla. 3d DCA 1978)); and
WHEREAS, Chapter 1, of the Land Use Element, Objective 2, "Land Use Compatibility,"
of the City's 2025 Comprehensive Plan (hereinafter "Plan"), specifies that the City's land
development regulations will be used to address the location, type, size and intensity of land
uses and to ensure adequate land use compatibility between residential and non-residential
land uses; and
WHEREAS, Policy 2.1 of the Plan provides that the land development regulations shall
continue to address the location and extent of nonresidential land uses in accordance with the
Future Land Use map and the policies and descriptions of types, sizes and intensities of land
uses contained in [the Future Land Use] Element; and
WHEREAS, Policy 2.2 of the Plan provides that development in land use categories
which permit both residential and non-residential uses shall be regulated by formalized land
development regulations which are designed to ensure adequate land use compatibility; and
WHEREAS, compatibility shall be achieved by one or more of the following: (1)
enumeration of special land uses which may be particularly incompatible with residential uses
and may be prohibited in specified areas or zoning districts; (2) enumeration of special land use
administrative procedures such as Conditional Use approval, which require public hearings prior
to special land use approval; (3) enumeration of special land use criteria such as minimum
required distance separations from residential districts or uses or allowable hours of operation,
to ensure that non-residential special land uses are properly located with respect to any
residential uses to which they may be incompatible; and (4) the vertical separation of residential
and non-residential uses within mixed use buildings through the use of land use regulations on
accessory uses within residential buildings, and the identification of those types of commercial
uses which are particularly incompatible with residential uses and which shall therefore NOT be
permitted in mixed use buildings; and,
WHEREAS, in determining incompatibility, consideration shall be given to noise, lighting,
shadows, access, traffic, parking, height, bulk, landscaping, hours of operation, buffering and
any other criteria that may be important to ensure that necessary safeguards are provided for
the protection of surrounding property, persons, and neighborhood values; and
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WHEREAS, in accordance with Chapter 1, Objective 2, Policies 2.1 and 2.2 of the Plan,
is it is desirable to encourage uses in commercial districts that are properly balanced and
compatible with the scale, character and context of adjacent residential neighborhoods; 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. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 18," PS Performance Standard District" is hereby amended as follows:
CHAPTER 142.
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
* * *
DIVISION 18. PS PERFORMANCE STANDARD DISTRICT
* * *
Sec. 142-693. Permitted uses.
* * *
(a) The following uses are permitted in the performance standard districts:
* * *
General Use R-PS R-PS C-PS
Category 1,2 3,4 1,2,3,4 RM-PS 1
* * * * * * * * * * * * * * *
Accessory outdoor bar counters, N N P* N
provided that the accessory North of
outdoor bar counter is not 5th Street
operated or utilized between only.
midnight and 8:00 a.m.; hotels with at least 100
however, for an accessory hotel units in the R PS4
outdoor bar counter which is distrist
adjacent to a property with an
apartment unit, the accessory
outdoor bar counter may not be
operated or utilized between
8:00 p.m. and 8:00 a.m.
* * * * * * * * * * * * * * *
* * *
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(i) Additional regulations for alcoholic beverage establishments located south of 5th
Street.
LU The following additional regulations shall apply to alcoholic beverage
establishments, whether as a main use, conditional use, or accessory
use, that are located south of 5th Street:
f Operations shall cease no later than 2:00 a.m., except as
otherwise provided herein.
Eil Operations in outdoor or open air areas of an alcoholic beverage
establishment shall cease no later than 12:00 a.m., except as
otherwise provided herein.
(iii) Alcoholic beverage establishments with sidewalk café permits
shall only serve alcoholic beverages at sidewalk cafes during
hours when food is served, shall cease sidewalk café operations
no later than 12:00 a.m. (except as otherwise provided herein),
and shall not be permitted to have outdoor speakers.
iv Outdoor bar counters shall be prohibited.
fyl No special events permits shall be issued.
vi The provisions of this subsection (i)(1) shall not apply, to the
extent the requirements of this subsection are more restrictive, to
an alcoholic beverage establishment with a valid business tax
receipt that is in application status or issued prior to June 28,
2016; or an establishment that has obtained approval for an
alcoholic beverage establishment from a land use board, and
which land use board order is active and has not expired prior to
June 28, 2016. A - --_---_ _---._.:---._.._. _._.--_ _-_.______:_.__ ---_
A. Existing sidewalk cafes issued a sidewalk cafe permit as of
June 28, 2016, for alcoholic beverage sales after 12:00 a.m.,
with food service, may continue to be renewed, but shall not
serve alcoholic beverages later than 1:30 a.m., and alcoholic
beverages may not be consumed at sidewalk cafes after 2:00
a.m.
B. Should an alcoholic beverage establishment with a sidewalk
cafe permit under (A), above, be delinquent in a payment
obligation to the City, and/or receive two (2) final adjudications
of violations of section 12-5 (special event permit), section 46-
152 (noise ordinance), or chapter 82, article IV, division 5
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(sidewalk cafe ordinance), that alcoholic beverage
establishment shall only be allowed to serve alcoholic
beverages at its sidewalk cafe until 12:00 a.m. for a twelve
(12) month period.
Notwithstanding the uses permitted in (a) and (d) above, in all districts
except GU, government use district Government Use District, no alcoholic
beverage establishment, or restaurant, may be licensed or operated as a
main permitted, conditional, or accessory use in any open area above the
ground floor (any area that is not included in the FAR calculations)
located south of 5th Street. Except that:
(a-)fQ Outdoor restaurant seating above the ground floor, not exceeding
40 seats, associated with indoor venues (except as provided
under (iii) below) may be permitted in the areas described in this
subsection (i) until 8:00 p.m. - __ _ e _ _ _ • _ _ _ _ -_
or neaamplified).
(2)fin Outdoor music, whether amplified or non-amplified, and elevision
sets shall be prohibited.
(iii) Oceanfront hotels in the R-PS4 district.
For purposes of this subsection (iii), eastward-facing oceanfront
portions of an open-air seating area shall be limited to the open
area 50 feet west of the eastern boundary of the above-ground
structure.
A. Oceanfront hotels in the R-PS4 district with at least 200
hotel units may have no more than 100 outdoor restaurant
seats in o•en-air seatin• areas on one leve that are
located above the ground floor, of which at least half shall
be located on eastward-facing oceanfront portions of an
open-air seating area, at which patrons shall be seated no
later than 12:00 a.m., and the seating area shall be closed
to the public no later than 1:30 a.m. Patrons shall not be
seated in the remainder of any open-air seating areas in a
particular hotel later than 11:00 p.m., and such seating
areas shall be closed to the public no later than 12:00 a.m.
Seating or he main
roof shall not be permitted under any circumstances.
B. Oceanfront hotels in the R-PS4 district with at least 100
hotel units, but less than 200 hotel units, may have no
more than 440 50 outdoor restaurant seats in eastward-
facing oceanfront portions of open-air seating areas that
are located ,on one level above the ground floor, at which
patrons shall be seated no later than 12:00 a.m., and the
seating area shall be closed to the public no later than 1:30
a.m. Seating on the
main roof shall not be permitted under any circumstances.
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(23 (iv) Other than as permitted in subsection (i)(2)(iii), no commercial
activity may be permitted on areas as described in this subsection
(i)(2) between the hours of 8:00 p.m. and 10:00 a.m.
(-3-)L6 Nothing herein shall prohibit residents of a multifamily (apartment
or condominium) building, or hotel guests and their invitees to use
these areas as described in this subsection (i)al, which may
include a pool or other recreational amenities, for their individual,
personal use.
DI Any increase to an alcoholic beverage establishment's approved hours of
operation shall meet the requirements of this section.
Variances from this subsection (i) shall not be permitted. Special events
shall not be permitted '- -- - -- - - - - - - --- - - • • .
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith
are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, 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, as
amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
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 9 day of /7a#04•7"2016.
Philip Levi.► �•
ATTEST:
LLLLLLLLLL 14,4
Rafael E. Grans•'• ' � •.....s. Thomas R. Mooney, AICP
City Clerk '• '
Planning Director
(Sponsored by Commissioner Gr
had 1BGl ORAT :
Underline denotes new languag � •
denotes removed I-�•( 'e.• (e. c
Double denotes languagJ���:.��'!.. er•rex''�`b •"e Planning Board
denotes langua 1�T • aft lew by the Planning Bf �ROVED AS TO
T:44GENDA12016\September\Planning\South of Fifth Alcoholic`�Z -.e Establishment-2nd Read ORD.docx FORM & LANGUAGE
FOR XECUTION
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ir City Attorne Date
18NE I I NEIGHBORS IHLR)OAY OCTOBER 17nI6
6YAMIHLRALO.CON
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
AN ORDINANCE AMENDING SOUTH
OF FIFTH ALCOHOLIC BEVERAGE
ESTABLISHMENT OPERATIONAL
REGULATIONS
NOVEMBER 9, 2016
NOTICE IS HEREBY given that a Second Reading, Public Hearing, will be
heard by the Mayor and City Commission of the City of Miami Beach, Florida,
in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center
Drive, Miami Beach, Florida, on November 9, 2016 at 10:15 a.m., or as
'soon thereafter as the matter can be heard, to consider the adoption of the
following Ordinance:
An Ordinance Amending Chapter 142, "Zoning Districts And
Regulations", Article II, "District Regulations," Division 18, "PS
Performance Standard District," Section 142-693, "Permitted Uses,"
To Amend The Hours Of Operation, Location And Use Restrictions
For Properties South Of Fifth Street;Providing That Existing Alcoholic
Beverage Establishments Shall Be Deemed Legal Conforming Uses;
And Providing For Codification, Repealer, Severability, And An
Effective Date.
This Ordinance is being heard pursuant to Section 118-164 of the City's Land
Development Code. Inquiries may be directed to the Planning Department at
305.673.7550.
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, c/o the City Clerk, 1700 Convention Center Drive,
131 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 1236
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