2017-29907 Reso RESOLUTION NO. 2017-29907
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR
A SPECIAL ELECTION ON NOVEMBER 7, 2017, FOR THE
® PURPOSE OF SUBMITTING TO THE ELECTORATE OF
®
SI THE CITY OF MIAMI BEACH, FLORIDA A BALLOT
W QUESTION ASKING WHETHER THE CITY COMMISSION
o SHALL ADOPT AN ORDINANCE TERMINATING AT 2:00
Z A.M. (INSTEAD OF 5:00 A.M.) THE SALE AND
Q CONSUMPTION OF ALCOHOLIC BEVERAGES AT
W g ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED
a p ON OCEAN DRIVE BETWEEN 5TH AND 15TH STREETS,
W N111
EXEMPTING INDOOR PORTIONS OF ALCOHOLIC
BEVERAGE ESTABLISHMENTS THAT ARE
LU COMPLETELY ENCLOSED AND LOCATED ENTIRELY
WITHIN HOTELS, AND REQUIRING A 5/7THS VOTE OF
THE CITY COMMISSION TO AMEND OR REPEAL THE
ORDINANCE.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida
and the general laws of the State of Florida, a Special Election is hereby called and
directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on
Tuesday, November 7, 2017, for the purpose of submitting to the electorate the advisory,
nonbinding straw ballot question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct
the said Special Election hereby called, with acceptance of the certification of the results
of said Special Election to be performed by the City Commission. The official returns for
each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as
the ballots from all precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of Miami Beach of said Special Election
shall be as established by the proper and appropriate Miami-Dade County Election
Officials. All electors shall vote at the polling places and the voting precincts as
determined by the Miami-Dade County Election Officials as set forth in the attached
Exhibit "A".1
SECTION 4.
Not less than thirty days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald,
a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SECTION 5.
The Notice of Election ("Notice") shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00
A.M. UNTIL 7:00 P.M. ON THE 7th DAY OF NOVEMBER, 2017, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
BALLOT QUESTION:
1 As of date, the City of Miami Beach has not received from Miami-Dade County Elections Department the final list of
polling places for the City's November 7, 2017 Special Election. Accordingly, attached to this Resolution is a list of
polling places from the City's November 2016 General Election,which upon receipt from the County,will be superseded
by the Department of Elections' list of polling places for the City's subject November 7, 2017 Special Election, which
list of polling places for the City's November 7,2017 Special Election will be publicly noticed by the City.
Ordinance terminating the sale and consumption
of alcoholic beverages on Ocean Drive at 2:00 a.m
Shall the City Commission adopt an Ordinance terminating at 2:00 a.m. (instead of
5:00 a.m.) the sale and consumption of alcoholic beverages at alcoholic beverage
establishments located on Ocean Drive between 5th and 15th Streets, exempting
indoor portions of alcoholic beverage establishments that are completely enclosed
and located entirely within hotels, and requiring a 5/7ths vote of the City
Commission to amend or repeal the Ordinance?
YES
NO
Said Notice shall further set forth the several polling places in the election precincts
as established in accordance with Section 3 hereof, and shall further set forth pertinent
information regarding eligibility of electors to participate in said election.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November
7, 2017, hereby called, shall be in substantially the following form:
OFFICIAL BALLOT
Ordinance terminating the sale and consumption
of alcoholic beverages on Ocean Drive at 2:00 a.m
Shall the City Commission adopt an Ordinance terminating at 2:00 a.m. (instead of
5:00 a.m.) the sale and consumption of alcoholic beverages at alcoholic beverage
establishments located on Ocean Drive between 5th and 15th Streets, exempting
indoor portions of alcoholic beverage establishments that are completely enclosed
and located entirely within hotels, and requiring a 5/7ths vote of the City
Commission to amend or repeal the Ordinance?
YES
NO
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical or
other approved voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida governing voter registration.
Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City
Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during
normal business hours, and at such other voter registration centers and during such times
as may be provided by the Supervisor of Elections of Miami-Dade County. The Miami-
Dade County Supervisor of Elections will register voters for this Special Election until 5:00
p.m. on October 10, 2017. All persons eligible to vote in this Special Election must be
registered before the time and date set forth herein or have registered previously, as
provided by law. Each person desiring to become a registered voter shall be responsible
for properly filling out the registration form and returning it to the Miami-Dade County
Elections Office. All questions concerning voter registration should be directed to the
Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida 33172;
Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the absentee voters participating in said Special Election shall be entitled to
cast their ballots in accordance with the provisions of the laws of the State of Florida with
respect to absentee voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt
of invoice or statement approved by the Supervisor of Elections of Miami-Dade County,
Florida.
SECTION 11.
If any section, sentence, clause or phrase of the ballot measure set forth above in
this Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of the remaining portions
of said ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 7 day of , 20
ATTEST:
Philip Levine
Mayor
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F:WTTO\KALN\BALLOT QUESTION\2 AM Ocean Drive Ballot Question RESO(Levine)5-7ths.docx
PROPOSED BALLOT QUESTION
NOVEMBER 7, 2017 SPECIAL ELECTION
I. PROPOSED BALLOT QUESTION:
Ordinance terminating the sale and consumption
of alcoholic beverages on Ocean Drive at 2:00 a.m
Shall the City Commission adopt an Ordinance terminating at 2:00 a.m. (instead of 5:00 a.m.) the
sale and consumption of alcoholic beverages at alcoholic beverage establishments located on
Ocean Drive between 5th and 15th Streets, exempting indoor portions of alcoholic beverage
establishments that are completely enclosed and located entirely within hotels, and requiring a
5/7ths vote of the City Commission to amend or repeal the Ordinance?
YES
NO
II. PROPOSED LEGISLATION:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. — DISTRICT REGULATIONS
* * *
DIVISION 13. — MXE MIXED USE ENTERTAINMENT DISTRICT
* * *
Sec. 142-551. Additional regulations for alcoholic beverage establishments.
Hours of sale. Notwithstanding the regulations set forth in section 6-3, alcoholic beverages
shall not be offered for sale or consumption between the hours of 2:00 a.m. and 8:00 a.m.
at alcoholic beverage establishments located between Ocean Court to the west, Ocean
Drive to the east, 5th Street to the south, and 15th Street to the north.
fill Exceptions. Notwithstanding subsection (a), and only as applicable to indoor portions of
alcoholic beverage establishments that are completely enclosed and located entirely
within hotels located between Ocean Court to the west, Ocean Drive to the east, 5th Street
to the south, and 15th Street to the north, alcoholic beverages shall not be offered for sale
or consumption between the hours of 5:00 a.m. and 8:00 a.m.
MIAMI BEACH
MIAMI BEACH SPECIAL ELECTION
NOVEMBER 8, 2016
MIAMI BEACH PRECINCTS LIST
Polling Name Location Polling Name Location
Place No. Place No.
011 Biscayne Elementary 800 77 Street 030 Miami Beach 2000 Convention
School Botanical Garden Center Drive
013 North Shore Branch 7501 Collins 031 Miami City Ballet 2200 Liberty
Library Avenue Avenue
014 North Shore Park Youth 501 72 Street 032 Miami Beach Regional 227 22 Street
Center Library
015 Normandy Shores Golf 2401 Biarritz Drive 033 Miami Beach Senior 2231 Prairie
Club High School Avenue
018 Indian Creek Fire 6860 Indian Creek 036 Miami Beach Police 999 11 Street
Station#4 Drive Athletic League
019 Normandy Park&Pool 7030 Trouville 037 Miami Beach City Hall 1700 Convention
Esplanade Center Drive
020 Ronald W. Shane 6500 Indian Creek 038 Veterans Foreign War 650 West Avenue
Center Drive Post#3559
023 Miami Beach Fire 5303 Collins 040 South Pointe 1050 4 Street
Station#3 Avenue Elementary School
024 Nautilus Middle School 4301 N. Michigan 041 South Shore 833 6 Street#2
Avenue Community Center
025 St. John's on the Lake 4760 Pine Tree 042 Feinberg Fisher K-8 601 14 Place
Methodist Church Drive Center School
028 Temple Beth Sholom 4144 Chase 043 Miami Beach Police 1100 Washington
Avenue Department Avenue
029 North Beach 4100 Prairie 048 Rebecca Towers 200 Alton Road
Elementary School Avenue
Please note that the above list is subject to change, if needed.
The voting precincts for the November 8, 2016 City of Miami Beach Special Election shall be as established by the Miami-
Dade County election officials. On Election Day, all electors shall vote at the voting locations and the voting precincts in which
the official registration books show that the electors reside. All questions concerning voting locations and voting precincts
should be directed to the Miami-Dade County Elections Department, 2700 NW 87 Avenue, Doral, Florida 33172; Telephone:
305.499.VOTE (8683)or TTY: 305.499.8480.
Rafael E. Granado, City Clerk
City of Miami Beach
AD 1182
Resolutions-R7 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: June 7, 2017
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION ON
NOVEMBER 7, 2017, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT
QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT
AN ORDINANCE TERMINATING AT 2:00 A.M. (INSTEAD OF 5:00 A.M.) THE
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT ALCOHOLIC
BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN DRIVE BETWEEN
5TH AND 15TH STREETS, EXEMPTING INDOOR PORTIONS OF
ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE COMPLETELY
ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS, AND
REQUIRING A 6/7TH VOTE OF THE CITY COMMISSION TO AMEND OR
REPEAL THE ORDINANCE.
ANALYSIS
Pursuant to the request of Mayor Philip Levine, the above-referenced Resolution has been
placed on the June 7, 2017 City Commission meeting agenda.
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Philip Levine
ATTACHMENTS:
Description
CI 2 AM Ocean Drive Ballot Question RESO (Levine)
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