Ordinance 89-2638 ORDINANCE NO. 89-2638
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING COMPREHENSIVE ZONING ORDINANCE
NO. 1891; AMENDING SECTION 3 ENTITLED
"DEFINITIONS" BY ADDING A DEFINITION FOR
"SUPPER CLUB" IN SUBSECTION 3-2; AMENDING
SECTION 6-11B ENTITLED "C-4 BUSINESS
DISTRICT" BY ADDING SUPPER CLUB AS A
PERMITTED USE; AMENDING SECTION 14-1C
ENTITLED "LIQUOR CONTROL REGULATIONS" BY
PROVIDING FOR THE SERVING ON PREMISES AND
CONSUMPTION OF ALCOHOLIC BEVERAGES IN
SUPPER CLUBS, AND ESTABLISHING HOURS FOR
SAME; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE ZONING ORDINANCE; PROVIDING
FOR A REPEALER ; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Subsection 3-2 of Section 3 of Zoning
Ordinance No. 1891 entitled "Definitions" is hereby amended by
the addition of the following defined term:
3-2 Terms Defined
168 . 1 SUPPER CLUB: A business establishment operated
to supply music or entertainment and providing beverages and
meals prepared on the premises for on-premises consumption during
all hours of operation, having table seating for not less than
150 persons, having a dance floor of not less than 400 square
feet, having an area not less than 10, 000 square feet contained
within a free-standing building wherein no other activities are
conducted.
SECTION 2 : That Subsection 6-11B of Section 6 of Zoning
Ordinance No. 1891 entitled "Schedule of District Regulations" is
hereby amended to read as follows:
6-11 C-4 BUSINESS DISTRICT.
* * *
B. Uses Permitted. No land, water or structure may be
used, in whole or in part, except for one or more of
the following permitted uses. Permitted uses that
sell, serve or otherwise distribute alcoholic beverages
in this district shall comply with the standards and
regulations found in Section 14 .
1. Any use permitted in C-1, C-2 , or C-3 except those
uses listed as Conditional Uses.
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2 . Cabaret.
3 . Night club.
4 . Supper Club, provided that no supper club shall be
located within 500 feet of any single-family
residential district.
4-5. Retail meat and fish market provided that such use
shall not occupy more than 2 , 500 square feet of
floor area per establishment and no noxious odors
shall be produced by improper storage and handling
of refuse.
5.-6. Sidewalk and outdoor cafes. When located in the
right of way they shall be associated with an
adjacent restaurant and comply with the following:
a. Sidewalk and outdoor cafes shall only be
permitted when associated with an existing
restaurant on 41st Street.
b. Insurance approved by the City ' s Risk
Manager.
c. Approval by, the Planning Department, Public
Works Department and the Fire Department
(Development Services Division) .
d. A revocable permit from the Public Works
Department for cafes in the City's right of
way.
e. In instances where the location of cafe
extends into the right-of-way of another
property owner, the owner of the proposed use
shall be responsible for securing a lease
agreement with the affected property owner
prior to the issuance of a revocable permit.
f. A site plan showing the location of the
proposed use shall be submitted prior to the
issuance of a revocable permit.
&-7. The following may be permitted as a conditional
use.
a. Adult congregate living facilities subject to
the mandatory requirements and review
criteria set forth in Section 28, Adult
Congregate Living Facilities.
b. Automobile parking lot, open or enclosed,
non-commercial provided such use is accessory
to a primary use in accordance with the
provisions of Section 9-3 of the Ordinance.
For the purpose of this Section, a written
agreementshall be construed as a Unity of
Title and shall be recorded in the Circuit
Court.
c. Bus terminals.
d. Churches, synagogue and temple.
e. Colleges, junior colleges, or institutions of
higher learning.
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f. Filling station, or any use which includes
the retail of gasoline.
g. Institution, educational or philanthropic,
including museum and art gallery.
h. Marina.
i. Municipal buildings and uses.
j . Private club.
k. Storage parking lots.
1. Uses not listed above which are similar in
character to one or more permitted uses, and
which would not be inappropriate in this
District.
m. Temporary use for a period not to exceed 15
days.
7=8 . Accessory uses for above uses.
a. Any accessory use in the area located between
the established Bulkhead Line and the Erosion
Control Line shall be in accordance with
Section 18-2 Dune Overlay Regulations.
SECTION 3 : That Subsection 14-1C of Section 14 of Zoning
Ordinance No. 1891 entitled "Liquor Control Regulations" is
hereby amended to read as follows:
14-1 GENERAL PROVISIONS
* *
C. Hours of Sale
The sale of liquor and all other alcoholic
beverages shall be according to the following
schedule:
1. Retail stores for package sales only, either as
permitted main or accessory use. Vendors having a
license from the State Beverage Department for the
sale of liquor and other alcoholic beverages for
consumption off the premises, shall only offer for
sale of alcoholic beverages within the hours of
8 : 00 a.m. to 10: 00 p.m. on any day of the week.
2 . Retail stores , either as permitted man or
accessory uses, who primarily offer for sale
products other than alcoholic beverages may make
sales of beer and wine in sealed containers for
consumption off the premises between the hours of
8: 00 a.m. through 2 : 00 a.m. on any day of the
week.
3 . Restaurants, bars, nightclubs, cabarets either as
permitted main or accessory uses shall only offer
for sale the on-premise consumption of alcoholic
beverage within the hours of 8 : 00 a.m. and 5: 00
a.m. on any day of the week. Every vendor shall
close and keep closed the place of business and
not allow any person, other than those employed by
the vendor, to remain therein during the hours
that sales are not permitted.
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4 . Supper Clubs, permitted as a main use in the C-4
District only. Operation and the consumption of
alcoholic beverages shall be permitted at all
hours; however, there shall be no admission of
additional patrons between the hours of 6: 00 a.m.
and 8 : 00 a.m.
4-5. Private Clubs , either as permitted main or
accessory use, shall be considered pursuant to
Section 14-1, B-1. Hours of operation and the
consumption of alcoholic beverages will considered
between the hours of 8: 00 a.m. to 5: 00 a.m. ,
Monday through Sunday, 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 guards or off-duty
policemen between the hours of 2 : 00 a.m. to 5: 00
a.m. each day. Private clubs which secure a
license from the Division of Alcoholic Beverages
and Tobacco by complying with the requirement of
Florida Statutes 561. 20 for racquetball, tennis or
golf course facilities, may admit its members at
any time for use of such facilities, but may not
serve alcoholic beverages after 2 : 00 a.m. each day
unless it is the holder of an extra hours license
and complies with the above requirements.
SECTION 5: REPEALER That all Ordinances or parts of
Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6: SEVERABILITY If any section, subsection, clause
or provision of this Ordinance is held invalid, the remainder
shall not be affected by the such invalidity
SECTION 7 : EFFECTIVE DATE This Ordinance shall take effect on
15th day of April , 1989
PASSED and ADOPTED this 5th day of April , 1989 .
111011111111111e>
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ATTEST:
FORM APPROVED
CITY`CLE LEGAL DEPT.
1st reading 3/15/89
2nd reading 4/5/89 By
Date 3/AV
SWS/mml/bcg
1/13/89
ref: A: \amdzonor. ord
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