2016-4058 Ordinance CHAPTER 6 —ALCOHOLIC BEVERAGES
ORDINANCE NO. 2016-4058
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED
"ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL,"
SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE," TO
PROHIBIT PACKAGE LIQUOR SALES AT RETAIL STORES
(INCLUDING PACKAGE, GROCERY, CONVENIENCE, AND ANY
OTHER RETAIL STORES, AS WELL AS GASOLINE
STATIONS/SERVICE STATIONS) AND ALCOHOLIC BEVERAGE
ESTABLISHMENTS BEFORE 10:00 A.M. EACH DAY; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, in Chapter 6 of the City Code, entitled "Alcoholic Beverages," the City of
Miami Beach ("City") regulates the location, size, hours of operation, and minimum patron age
for uses that permit the sale and consumption of alcoholic beverages; and
WHEREAS, the City's Committee on the Homeless ("Committee") has recommended
that package liquor sales be restricted by two additional hours each morning; and
WHEREAS, pursuant to the Committee's recommendation, package liquor sales should
begin at 10:00 a.m. instead of 8:00 a.m. as currently authorized by the City Code; 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 prohibit package liquor sales at retail stores
(including package, grocery, convenience, and any other retail stores, as well as gasoline
service/filling stations) and alcoholic beverage establishments before 10:00 a.m. each day,
because the availability of alcoholic beverages for sale and consumption early in the morning
discourages the acceptance of services to end homelessness; and
WHEREAS, State law expressly grants the City the authority to establish its own
regulations for the time for sale of alcoholic or intoxicating beverages; 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, Florida Courts have determined that it is within the police power and
authority for a municipality to change the hours of regulation of alcoholic beverages, because
municipalities have the statutory authority under Section 562.14, Florida Statutes, to restrict the
sale of alcohol; additionally, a municipal ordinance regulating the hours of sale of alcoholic
beverages may be applied to a property incorporated later into the municipality by annexation.
Village of North Palm Beach v. S & H Foster's, Inc., 80 So. 3d 433 (Fla. 4th DCA 2012); and
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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, 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, in fact, the Florida Attorney General has opined that different hours may be
provided for in a municipal ordinance, provided there is reasonable relation to the health, safety,
and morals of the community. Op. Att'y Gen. Fla., p. 497 (1950); 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, injunctive relief is not available against the enforcement of a municipal
ordinance regulating the time at which alcoholic beverages may be sold, because municipalities
have the statutory authority to set times for sale of alcoholic beverages. Id.; Playpen S., Inc. v.
City of Oakland Park, 396 So. 2d 830 (Fla. 4th DCA 1981); and
WHEREAS, Florida Courts have ruled that hours of operation are not a property right. S.
Daytona Rests., Inc. v. City of S. Daytona, 186 So. 2d 78 (Fla. 1st DCA 1966); 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 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
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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 ao
(1) Retail stores for package sales only—Off-premises consumption. Vendors may make
sales of alcohol only for off-premises consumption between the hours of 8:00 a.m.
10:00 a.m. and midnight.
(2) Retail stores, including grocery, convenience stores, and gasoline service/filling
stations. Retail stores, including grocery, convenience stores, and gasoline
service/filling stations, which primarily offer for sale products other than alcoholic
beverages may only make sales of beer and wine only for off-premises consumption
between the hours of 8:00 a.m. 10:00 a.m. and midnight.
(3) Alcoholic beverage establishments. All alcoholic beverage establishments with state
licensure—On-premises consumption only, may make sales of alcohol between the
hours of 8:00 a.m. and 5:00 a.m.
(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.
(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 remain closed. No patron or other persons, other than those
employed by the vendor may remain on the premises 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.
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(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. 10:00 a.m. and midnight.
(5) Private clubs. 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. 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.
(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 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;
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(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 License is current; and
(j) Any other conditions required by the city manager in order to protect the public
health, safety, or welfare.
(7) 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.
(8) The city manager may suspend the provisions of subsection (6) at any time to protect
the public health, safety, or welfare.
(9) 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;
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 (4)-(a) (9)(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
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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
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) (9)(a) or (9)(b).
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
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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 followi ng adoption.
PASSED and ADOPTED this 9 day of froviohlov- , 2016.
ATTEST:
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Rafa- E. Gr-nado, I ity Jerk
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(Sponsored by Commissioner f r i - • •
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Underline denotes new langu � .
denotes remove•t-,,nstuage . ,.'
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
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Ordinances - R5 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 9, 2016
10:40 a.m. Second Reading Public Hearing
SUBJECT: CHAPTER 6 -ALCOHOLIC BEVERAGES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING CHAPTER 6 OF THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE
I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF
SALE," TO PROHIBIT PACKAGE LIQUOR SALES AT RETAIL STORES
(INCLUDING PACKAGE, GROCERY, CONVENIENCE, AND ANY OTHER RETAIL
STORES, AS WELL AS GASOLINE STATIONS/SERVICE STATIONS) AND
ALCOHOLIC BEVERAGE ESTABLISHMENTS BEFORE 10:00 A.M. EACH DAY;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
Approve the ordinance.
ANALYSIS
At its April 20, 2016 meeting, the Committee on the Homeless passed a resolution urging the Mayor
and Commission to push back package liquor sales by two hours, from the current 8:00 a.m. to 10:00
a.m. This recommendation was specifically limited to package sales and not restaurant/bar sales.
The Committee reasoned that alcohol abuse was an influencing factor in homelessness in our
community and served as an impediment to engaging the homeless to accept services.
On June 8, 2016, the City Commission, at the request of Commissioner Joy Malakoff, referred the
proposed ordinance to the Land Use and Development Committee at the recommendation of the
Committee on the Homeless. On June 15, 2016, the Land Use Committee initially discussed the item
and directed the Administration to prepare an ordinance that would be applicable to all retail stores.
Pursuant to direction from the Committee, the attached ordinance was drafted. The specific revisions
to Chapter 6 include the following:
• For retail package sales only (off-premises consumption), sales would only be permitted
between the hours of 10:00 a.m. and midnight.
• For retail stores, including grocery, convenience stores, and gasoline service/filling
stations, which primarily offer for sale products other than alcoholic beverages, the sale of
beer and wine (off-premises consumption) would only be permitted between the hours of
10:00 a.m. and midnight.
Page 357 of 906
•
The Land Use Committee approved the revised ordinance at its September 21, 2016 meeting and
subsequently referred it to Commission for consideration. The Commission held the first reading for
the ordinance on October 19, 2016.
In unanimously passing the ordinance at first reading, the Commission requested that the
Administration return in six months with a report on the ordinance's impact. In addition, the
Commission requested that a letter be sent to the Chief Executive Officers of the major retail chains
in the City that permit single-serve alcohol sales asking that they follow the lead of Walgreens and
voluntarily agree to prohibit these sales.
CONCLUSION
The Administration recommends that the City Commission approve the ordinance as proposed
as a means of discouraging alcohol use among the homeless during morning early hours in
hopes that they can be successfully engaged to accept services and end their personal
homelessness.
KEY INTENDED OUTCOMES SUPPORTED
Enhance Beauty And Vibrancy Of Urban And Residential Neighborhoods; Focusing On Cleanliness,
Historic Assets, In Select Neighborhoods And Redevelopment Areas
Legislative Tracking
Housing and Community Services
Sponsor
Vice-Mayor Joy Malakoff
ATTACHMENTS:
Description
❑ Ordinance
Page 358 of 906
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
OFFICE OF THE CITY MANAGER
Tel: 305.673.7010, Fax:305.673.7782
November 4, 2016
Publix Super Markets
Attn: Corporate Sales/Marketing Dept.
PO Box 407
Lakeland, FL 33802-0407
Dear Corporate Sales/Marketing Dept.:
As you may be aware, at the October 19, 2016 City Commission meeting the Mayor and
City Commission adopted an Ordinance on first reading to prohibit package liquor sales at
retail stores (including package, grocery, convenience, and any other retail stores, as well
as gasoline stations/service stations) and alcoholic beverage establishments before 10:00
A.M. each day. The second reading/public hearing of this Ordinance is scheduled for
November 9, 2016.
While the City is pre-empted by the State in banning single beer container sales, certain
retail establishments in the City have already volunteered to no longer sell these items. As
such, the Mayor and City Commission respectfully request your cooperation in joining other
retail establishments by voluntarily halting the sale of individual beer cans/bottles at your
establishments within the borders of the City of Miami Beach.
Sincere, ,
lr
Jimm . Moral •s
City M.nager
Attachment:
Proposed Ordinance
JLM/SMT/HDC/SKS/RFM
We are committed to providing excellent public service and safety to all who live, work,and play in our vibrant,tropical,historic community.
Granado, Rafael
From: MacBride, Randi
Sent: Tuesday, November 08, 2016 2:26 PM
To: Granado, Rafael
Cc: Hatfield, Liliam; Cardillo, Lilia; Cardeno, Hernan; Torriente, Susanne; De Pinedo, Naima
Subject: RE: • Send a letter to Publix and all other major retailers asking them to stop selling
individual beer cans in Miami Beach. Susanne M. Torriente to handle.
Attachments: Letter Request Stop Selling Indiv Beer Containers.pdf
Good afternoon Ralph,
As requested, please see the attached example of the letter. The letters were sent to corporate and to the
Store Managers of each location on Miami Beach. They went to Publix, CVS, Walgreens, Total Wine, The
Fresh Market, and Whole Foods.
If you need something further please let me know.
Thanks,
Randi
MIAMIBEACH
Randi F. MacBride, Office Associate V
CODE COMPLIANCE DEPARTMENT
555 17th Street,Miami Beach,FL 33139
Tel:305-673-7000 Ext.6169/Fax:786-394-4632/ www.miamibeachfl.qov
randimacbride(a)miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community.
From: De Pinedo, Naima
Sent: Tuesday, November 08, 2016 2:19 PM
To: MacBride, Randi
Cc: Hatfield, Liliam; Cardillo, Lilia; Cardeno, Hernan; Torriente, Susanne; Granado, Rafael
Subject: RE: • Send a letter to Publix and all other major retailers asking them to stop selling individual beer cans in
Miami Beach. Susanne M. Torriente to handle.
Randi,
Please provide to Ralph.
Thanks.
MIAMIBEACH
Naima De Pinedo, Office Manager
OFFICE OF THE CITY MANAGER
1700 Convention Center Drive,Miami Beach,FL 33139
Tel:305-673-7010/Fax:305-673-7782/www.miamibeachfl.qov
We are committed to providing excellent public service to all who live, work and play in our vibrant,tropical,historic community.
From: Torriente, Susanne
Sent: Tuesday, November 08, 2016 2:10 PM
1
To: Granado, Rafael
Cc: De Pinedo, Naima; Hatfield, Liliam; Cardillo, Lilia; Cardeno, Hernan
Subject: RE: • Send a letter to Publix and all other major retailers asking them to stop selling individual beer cans in
Miami Beach. Susanne M. Torriente to handle.
HI—will do.
Naima or Hernan—can you forward to the Clerk's Office?
Thanks
MIAMIBEACH
Susanne M. Torriente
Assistant City Manager/Chief Resiliency Officer
Office of the City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
305-673-7000 x6486
susytorriente @miamibeac hfl.gov
From: Granado, Rafael
Sent:Tuesday, November 8, 2016 1:46 PM
To:Torriente,Susanne<SusanneTorriente @ miamibeachfl.gov>
Cc:Granado, Rafael<RafaelGranado @miamibeachfl.gov>; De Pinedo, Naima<NaimadePinedo @miamibeachfl.gov>;
Hatfield, Liliam <LiliamHatfield @miamibeachfLgov>; Cardillo, Lilia <LiliaCardillo @miamibeachfl.gov>
Subject: • Send a letter to Publix and all other major retailers asking them to stop selling individual beer cans in Miami
Beach.Susanne M.Torriente to handle.
Good afternoon Susy,
See below after-action.
Please provide us with a copy of the letter that is sent regarding the sale of individual sale of cans of beer, so
we may attach it to the after action.
Regards,
9:53:00 a.m.
R5 AB AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3
THEREOF, ENTITLED "HOURS OF SALE," TO PROHIBIT PACKAGE LIQUOR SALES AT RETAIL
STORES (INCLUDING PACKAGE, GROCERY, CONVENIENCE, AND ANY OTHER RETAIL
STORES, AS WELL AS GASOLINE STATIONS/SERVICE STATIONS) AND ALCOHOLIC
BEVERAGE ESTABLISHMENTS BEFORE 10:00 A.M. EACH DAY; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Housing and Community Services
Commissioner Joy Malakoff
and Co-Sponsored by Vice-Mayor Grieco
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ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion
made by Commissioner Malakoff; seconded by Vice-Mayor Grieco. Ballot vote: 7-0. Second reading,
Public Hearing scheduled for November 9, 2016. Rafael E. Granado to notice. Lilia Cardillo to place
on the Commission Agenda, if received. Maria Ruiz to handle.
TO DO:
• Revisit the item six months after approved on second reading. Maria Ruiz to handle.
• Send a letter to Publix and all other major retailers asking them to stop selling individual beer
cans in Miami Beach. Susanne M. Torriente to handle.
MIAMI BEAC 1
Rafael E. Granado, Esq., City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7411 rafaelgranado Ccr�.miamibeachfl.pov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical,
historic community.
3