Ordinance 78-2139 •
ORDINANCE NO. 78-2139
AN ORDINANCE AMENDING SECTION 18-45 OF THE
CODE OF MIAMI BEACH, FLORIDA, AUTHORIZING
AND PERMITTING THE SALE OF LIQUOR IN APART-
MENT BUILDINGS HAVING 225 OR MORE UNITS AND
RESTAURANT FACILITIES OF 4 , 000 SQUARE FEET
AND SEATING CAPACITY FOR 200 PATRONS; RE-
PEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA;
SECTION 1 : That Section 18-45 of the Code of the City of Miami Beach,
Florida, be and the same is hereby amended to read as
follows:
"In any "D" district, the sale of liquor is
prohibited, except in "clubs" and in hotels
having one hundred or more sleeping rooms ,
which sleeping rooms, shall meet the require-
ments of section 1305. 2 of the South Florida
Building Code, and except in restaurant facil-
ities located in apartment buildings having
two hundred twenty-five or more units and
which restaurant facilities have four thousand
square feet and have seating capacity for two
hundred patrons; provided further, that the
exterior of the hotel or apartment facility in
which the business is carried on shall not
contain a store front in connection with such
business and the business so licensed shall
only be entered from within the building. "
SECTION 2 : That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 3 : That this ordinance shall go into effect ten days after
its passage.
PASSED and ADOPTED this 18th day of October, 1978 .
.4,
Mayor
Attest:
l
914
ia-ay
Cit Clerk
1st Reading - October 4 , 1978
2nd Reading - October 18, 1978
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XXX OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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OFFICE OF THE CITY MANAGER
GAVIN W.O'BRIEN CITY HALL
CITY MANAGER 1700 CONVENTION CENTER DRIVE
TELEPHONE: 873.7010
COMMISSION MEMORANDUM NO. 7/9f
DATE: October 18, 1978
TO: Dr. Leonard Haber, Mayor and
Members of the City Commiss'on
FROM: Gavin W.O'Brien
City Manager �✓
SUBJECT: AMENDMENT TO CODE REGARDING LIQUOR SALES
As directed by the City Commission, the Planning staff has developed
the following information regarding criteria for full service liquor
establishments:
(1) There are a total of 53 buildings in the City which contain
over 100 dwelling units. These are located generally along
Collins Avenue, with 22 buildings located between 47th and
63rd Streets. An additional seven buildings are located on
West Avenue between Eighth and 13th Streets.
(2) Of the 53 buildings which contain over 100 units, 29 exceed
225 units. These buildings are again located generally on
Collins Avenue with 10 located between 47th and 63rd Streets
and an additional six located between Eighth and 13th Streets
on West Avenue.
(3) Parking Regulations:
Section 9-2 of the Zoning Ordinance states that "when any
building or structure is erected or structurally altered,
accessory off street parking spaces shall be provided for
the building, structure, or additional floor area" .
Parking requirements for multiple family uses generally
specify one space per unit or room, with.additional spaces
required for units exceeding two bedrooms, as well as spaces
for loading. These requirements are designed to meet the needs
of the persons residing in the buildings, and accessory uses
must therefore meet additional parking requirements. In this
case, Section 9-2 of the Zoning Ordinance requires one parking
space for each four seats in a restaurant or other establish-
ment for consumption of beverages on the premises.
It would therefore be necessary for an apartment with the
accessory use of selling liquor on the premises to provide
additional parking and loading spaces above that required for
the building itself or to obtain a variance from the City' s
parking requirements.
(4) Sign Regulations:
Section 8 of the sign ordinance prohibits signs "indicating
the presence of an accessory use in an apartment building"
to be erected so as to be visible from a public street, walk,
or other public way. As is shown in the attached table, over
80% of the apartment buildings in question lie in residential
districts which would prohibit them from advertising liquor sales.
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Page 1 of 2
AGENDA n 07
ITEM K"
DATE /0-V81.'78
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Dr. Leonard Haber, Mayor and
Members of the City Commission
October 18, 1978
(5) Other Requirements:
In general, accessory uses must not be out of character
with the general area, nor should they pose problems to
neighboring properties.
Recommendation
The analysis of the proposed ordinance change is generally compatible
with the existing Zoning Ordinance. Therefore, the Administration
recommends the adoption of this proposed amendment.
GWO:HTT:nw
Attachments
Page 2 of 2 43
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ZONING DISTRICTS
100 Apartment or Condo Units or More
100-224 Units 225+ Units Total
RM-125 14 18 32
RM-100 6 3 9
RM-60 2 - 2
C-4 1 5 6
RU 1 3 4
24 ' 29 53
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44
October 12, 1978
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APARTMENTS & CONDOMINIUMS
225 OR MORE DWELLING UNITS
SYMBOL = II COLOR = ORANGE
NAME ADDRESS TYPE UNITS
Morton Towers 1500 Bay Road A 1277
Roney Plaza Apartments 2301 Collins Avenue A 1162
Triton Towers 2899 Collins Avenue A 583
Mimosa Apartments 4747 Collins Avenue CoAdo 275
Seasons 5005 Collins Avenue A 307
Seacoast Towers South 5101 Collins Avenue A 238
Seacoast Towers East 5151 Collins Avenue A 440
Seacoast Towers 5225 Collins Avenue A 238
Carriage House 5401 Collins Avenue Coido 290
Seacoast Towers West 5600 Collins Avenue A 288 `
Ocean Pavillion 5601 Collins Avenue Condo 230
Arlen Beach 5701 Collins Avenue Condo 259
Maison Grande 6039 Collins Avenue A 502
Sherry Frontenac 6565 Collins Avenue A 264
Victorian Plaza 6917 Collins Avenue A 249
Burleigh House 7101 Collins Avenue Condo 360
Manhattan Towers 6770 Indian Creek Drive A 228
Belle Plaza Apartments 20 Island Avenue A 225
100 Lincoln Road 100 Lincoln Road A 643
Ocean Point 345 Ocean Drive Condo 238
Presidential 401 Ocean Drive Condo 238
Royal Atlantic 465 Ocean Drive Condo 234
Tower Forth One (41) 4101 Pine Tree Drive Condo 450
Plaza 800 800 West Avenue A 347
Southgate 910 West Avenue A 275
Forte Towers South 1000 West Avenue A 446
Forte Towers 1100 West Avenue A 348
Forte Towers North 1200 West Avenue A 406
Bay Terrace Apartments 1250 West Avenue A 239
Compiled by: G.M. Jones , Planning Technician
City of Miami Beach Economic Development
Date: October 12 , 1978
Source: City of Miami Beach Minimum Housing
Surveillance Sheet Data.
ff:
10/12/78
45
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APARTMENTS & CONDOMINIUMS
100 to 224 DWELLING UNITS
SYMBOL = 0 COLOR = GREEN
NAME ADDRESS TYPE UNITS
Stanton House 6900 Bay Drive Condo 106
Four Freedoms Apartments 3800 Collins Avenue A 210
Executive Apartments 4925 Collins Avenue A 101
Season' s South Apartments 5001 Collins Avenue A 138
Crystal House 5055 Collins Avenue Condo 165
Imperial House 5255 Collins Avenue Condo 127
Eaton House 5313 Collins Avenue A 120
Oliver House 5333 Collins Avenue A 125
Oceanside Plaza 5555 Collins Avenue Condo 221
Seacoast Towers V 5700 Collins Avenue A 178
Royal Embassy Apartments 5750 Collins Avenue A 132 `
Marlborough House 5825 Collins Avenue A 138
Regency Towers 5838 Collins Avenue Condo 112
Port Royal 6989 Collins Avenue Condo 164
Clearview Towers Apartments 2829 Indian Creek Drive A 122
Island Terrace Apartments 5 Island Avenue A 139
Costa Brava 11 Island Avenue Condo 216
Belle Isle Courts 29-31-33-35 Island Avenue A 120
Admiral Towers 1020 Meridian Avenue Condo 128
Cambridge Hotel 330 Michigan Avenue A 140
Tradewinds Apartments 2315 Pine Tree Drive A 127
Octagon Towers 1881 Washington Avenue A 112
1228 West Avenue Condo 195
Compiled by: G.M. Jones , Planning Technician
City of Miami Beach Economic Development
Date: October 12 , 1978
Source: City of Miami Beach Minimum Housing
Surveillance Sheet Data.
ff:
10/12/78
46
§ 18-41.1 MIAMI BEACH CITY CODE § 18-45
of the matters and infcrmation set forth thereon were
fully set forth in this section. (Code 1950, § 15.30; Ord. No.
1561 , 81 ; Ord. No. 1802, §1 ; Ord. No. 1920, §1 ; Ord. No.
74-2009, §1 .)
Sec. 18-41.1. Certain restaurants classified within "A"
district.
All bona fide restaurants located and situated
in any business use district, as such business
use districts are defined in Ordinance No. 1891 ,
cormonly known as the zoning ordinance, and
• having a seating capacity for two hundred or
More patrons , and not less than four thou-
sand square feet of space shall, for the purposes .
of this chapter, be in district "A" . (Ord. No.
1880 , § 1; Ord. No. 76-2074, Sec. 2.)
Sec. 18-42. Sales permitted in all districts; exceptions.
Except as otherwise provided in this chapter, the sale of liquor,
wine and beer by licensed vendors is permitted in all districts as
established by section 18-41. (Code 1950, § 15.31.)
Sec. 18-43. Restrictions on sales in "B" district.
In any "B" district, the sale of liquor for consumption on the prem-
ises is prohibited. (Code 1950, § 15.32.)
Sec. 18-44. Restrictions on sales in "C" district.
In any "C" district, the sale of liquor, wine or beer is prohibited,
except in clubs and in hotels having one hundred or more guest
rooms; provided, that the exterior of the hotel in which the business
is carried on shall not contain a store front in connection with such
business; provided further, that the business so licensed shall only
he entered from within the building. (Code 1950, § 15.33.) GErCivr- CMIS Copy
Sec. 18-45. Restrictions on sales in "D" district.s /0 ` 7/
CoDE
In any "D" district, the sale of liquor is
prohibited, except in "clubs" and in hotels
having one hundred or more sleeping rooms ,
which sleeping rooms shall meet the require- .
ments of section 1305. 2 of the South Florida
Building Code, and except in restaurant facil-
ities located in apartment buildings having
three hundred or more units and which restau-
rant facilities have four thousand square foot
and have seating capacity for two hundred
patrons ; provided further, that the exterior
of the hotel or apartment facility in which
the business is carried on shall not contain -
a store front in connection with such business
and the business so licensed shall only be
entered from within the building. It is further
• provided that the stile of liquor from restaurant
facilities located in apartment facilities as
hereinabove described, shall be limited to sale
of such liquor from a "service bar" as defined
in section 13-1. (Code 1950 , 3 15. 34; Ord. :10.
74-1999, § 1 ; Ord. No. 76-2074, Sec. 1 .)
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