Ordinance 83-2376 ORDINANCE NO: 83-2376
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING ORDINANCE NO. 1891 OF THE CITY OF MIAMI BEACH,
THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE;
PROVIDING FOR DEFINITIONS OF "BEER", "BLOCK", "INDIVIDUAL",
"LIQUOR", "RESTAURANT", "VENDOR", "WINE"; PROVIDING FOR
AMENDMENTS TO USES PERMITTED IN THE C-1 NEIGHBORHOOD
BUSINESS DISTRICT, C-2 GENERAL OFFICE DISTRICT, C-3
CENTRAL BUSINESS DISTRICT, C-4 BUSINESS DISTRICT, C-5
GENERAL BUSINESS DISTRICT, C-6 INTENSIVE COMMERCIAL
DISTRICT, MR MARINE RECREATIONAL DISTRICT, MU MUNICIPAL
USE DISTRICT, HM HOTEL MOTEL DISTRICT, CCC CONVENTION
CENTER DISTRICT, RH HOSPITAL DISTRICT; PROVIDING FOR •
AMENDMENTS TO SECTION 7-3B ACCESSORY USES IN THE RM-100
MULTIPLE FAMILY MEDIUM HIGH DENSITY DISTRICT AND RM-125
MULTIPLE FAMILY HIGH DENSITY DISTRICT; CREATING SECTION 27
LIQUOR CONTROL REGULATIONS; REPEALING ALL ORDINANCES
IN CONFLICT THEREWITH; 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 Section 3, subsection 3-2 of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
3-2 TERMS DEFINED
BEER - An alcoholic fermented beverage made from malt and hops.
BLOCK - That portion of a street between two intersecting streets.
INDIVIDUAL - shall mean any person, corporation, firm, partnership, limited
partnership, association, joint stock association or business entity.
LIQUOR - All distilled or rectified spirits, brandy, whiskey, rum, gin, cordials
or similar distilled alcoholic beverages, including all dilutions and mixtures of
one or more of the foregoing.
RESTAURANT - An establishment where refreshments or meals may be
purchased by the public and where the primary business is the serving of food
to be consumed on or off the premises.
VENDOR - An individual who has received a City of Miami Beach occupational
license to sell, offering for space or keeping for sale with the intention of
selling a product. •
WINE - The product of the normal alcoholic fermentation of the juice of fresh,
sound, ripe fruit, with the usual cellar treatment and necessary additions to
correct defects due to climatic saccharine and seasonal conditions, including
champagne, sparkling and fortified wine of an alcoholic content not to exceed
twenty-four per centum by volume. No other product shall be called "wine"
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unless designated by appropriate prefixes descriptive of the fruit or other
product from which same was predominantly produced or as artificial or
imitation wine.
SECTION 2: That Section 6, subsection 6-8, of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
6-8 C-1 Neighborhood 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 27.
SECTION 3: That Section 6, subsection 6-9, B of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
6-9 C-2 General Office 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 27.
SECTION 4: That Section 6, subsection 6-10,B of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
6-10 C-3 Central Business District
B. USES PERMITTED. No land, water or structure may be sued 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 27.
SECTION 5: That Section 6, subsection 6-11, B of Ordinance No. 1891 of the City of
Miami Beach 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 27.
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SECTION 6: That Section 6, subsection 6-11, B of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
6-12 C-5 General 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 27.
SECTION 7: That Section 6, subsection 6-13, B of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
6-13 C-6 Intensive Commercial 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 27.
SECTION 8: That Section 6, subsection 6-14, B of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
6.14 RH Hospital 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 27.
1. Hospital
2. Accessory hospital facilities, consisting of laundry, centralized
services, educational and research facilities, recreational,
facilities, parking structures and lots, staff offices. Restaurants,
only as an accessory use, are permitted pursuant to Section 7-2, A.
through E. Control of entrances and exits. All accessory
structures, uses, parking facilities, must be subordinate to the main
use and must be an integral part of hospital operations.
SECTION 9: That Section 6, subsection 6-15, B of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
6-15 MR Marine Recreation District
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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 27.
12. Restaurants, w4Th of w4The it a secvlee bac outdoor cafes,
refreshment stands, bars, or carbarets, but not drive-in
restaurants.
SECTION 10: That Section 6, subsection 6-16, of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
6-16 MU Municipal Use District
B. USES PERMITTED. The specific use shall be determined in accordance with
the City's DevelepmeRt Comprehensive Plan and under the regulations set
forth for Conditional Uses. -No land, water, air or structure may be used in
whole or in part, except for one or more of the following uses but not limited
to. Permitted uses that sell, serve or otherwise distribute alcoholic beverages
in this district shall comply with the standards and regulations found in Section
27.
3 6. Any use similar to those listed above and in accordance with the
Bevelepment Comprehensive Plan for the specific area under
consideration.
SECTION 11: That Section 6, subsection 6-17, B of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
6-17 HM Hotel Motel 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 27.
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SECTION 12: That Section 6, subsection 6-18, B of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
6-18 CCC Convention Center 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 27.
SECTION 13: That Section 7, subsection 7-3 B of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
7-3 Accessory Uses
7-3, B RM-100 Multiple Family Medium High Density and RM-125 Multiple
Family High Density and Hotel and Motel Accessory
7. Retail stores selling primarily alcoholic beverages for consumption
on the premises shall only be permitted to sell beer, wine, liquor,
and other items that are directly related and associated with their
consumption.
SECTION 14: That Ordinance No. 1891 of the City of Miami Beach is hereby amended
to include Section 27:
SECTION 27 LIQUOR CONTROL REGULATIONS
27-1 GENERAL PROVISIONS
A. Purpose. To achieve the purposes of this Ordinance and of Chapter 18,
Intoxicating Liquors, of the Miami Beach City Code, and provide for the
general welfare and safety of the public, it is necessary that regulations
be established relating to the location? size, and hours of operation of
uses that permit the sale and/or consumption of alcoholic beverages.
B. Licenses. No vendor shall sell or distribute any alcoholic beverages
without securing an occupational license from the City and a license
from the State Beverage Department. Prior to receiving a City of
Miami Beach occupational license, the locations must be approved as to
zoning pursuant to the provisions of this Ordinance.
C. Hours of Sale. The sale of liquor and all other alcoholic beverages shall
be according to the following schedule:
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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 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 main 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, night clubs, 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.
4. Private Clubs, either as a permitted main or accessory use, shall
only offer for sale the consumption of alcoholic beverages within
the hours of 8:00 A.M. and 8:00 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
electing to remain open after 2:00 a.m. shall purchase an extra
hours license and any private club electing to remain open after
5:00 a.m. must provide for security in its premises by hiring private
security guards or off-duty policemen between the hours of 5:00
a.m. and 8:00 a.m. each day. Further, such private clubs shall not
admit members to its premises between the hours of 7:00 a.m. and
8:00 a.m. each day. Private clubs which secure a license from the
Division of Alcoholic Beverages and Tobacco by complying with the
requirements of Florida Statutes 561.20 for recquetball, 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.
D. Locational and Use Restrictions
1. Public Worship and Educational Facilities - No alcoholic beverage
shall be sold within 300 feet from any property used for public
worship purposes, public school or private school property
operated for the instruction of minors in the common branches of
learning, including religious instruction, except for the following:
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a. For purposes of this Section, restaurants, carbarets, night
clubs, and outdoor cafes, if a permitted use in the applicable
district, shall only be considered under the regulations set
forth for variances.
b. Uses in the Civic and Convention Center (CCC) District and
Hospital (RH) District
2. The minimum distance separation between retail stores as
permitted main uses and which primarily sell alcoholic beverages
for consumption off the premises shall be 300 feet.
3. Sales in filling stations and motion picture theatre - no alcoholic
beverages shall be sold in any filling station, motion picture
theatre or any room opening directly or indirectly or in connection
with any motion picture theatre.
4. Curb service sales'- no alcoholic beverages shall be sold or served
to persons in a vehicle of any kind or from an exterior counter or
any type of walk up window. All sales are to be from the interior
of the structure.
.5. All sales of alcoholic beverages for consumption off the premises
shall be in a sealed container.
E. Determination of Minimum Distance Separation
1. With the exception of cases involving public worship and education
facilities, the required minimum distance separation shall only
apply when one or more permitted main uses are involved. For
purposes of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the
main entrance or exit in which the use associated with alcoholic
beverage occurs to the nearest point of the property used for
public worship purpose, public or private school. In cases where a
minimum distance is required between two uses associated with the
alcoholic beverages for consumption on or off the premises, the
minimum requirement shall be determined by measuring a straight
line between the principle means of entrance of each use.
2. When a distance separation is required, a scaled survey drawn by a
registered land surveyor shall be submitted attesting to the
separation of uses in question. This requirement may be waived
upon the written certification by the Code Enforcement Director
and Planning Director that the minimum distance separation has
been met.
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27-2 Permitted Districts and Standards
A. Permitted Districts. Vendors shall be permitted to sell or distribute
alcoholic beverages, either for consumption on or off the premises in
the following zoning districts:
1. C-1 Neighborhood Business District
2. C-2 General Office District
3. C-3 Central Business District
4. C-4 Business District
.5. C-5 General Business District
6. C-6 Intensive Commercial district
7. RM-100 Multiple Family Medium High Density District
8. RM-125 Multiple Family High Density District
9. MR Marine Recreation District
10. MU Municipal Use District
11. HM Hotel Motel District
12. CCC Convention Center District
13. RH Hospital District
B. Permitted Main and Accessory Uses - Vendors shall be permitted to sell
alcoholic beverages within the zoning districts listed in Section 27-2A, if
said district permits as a permitted main use or acessory use one of the
following: restaurant, bar, nightclub, outdoor cafe, cabaret, private
club, or golf clubhouse pursuant to the following standards:
1. Permitted Main Use:
a. Restaurants, night clubs, bars, cabarets, and private clubs
shall be permitted to sell alcoholic beverages for
consumption on the premises based upon the following; when
beer and wine is served a minimum of 30 seats shall be
provided; and when, beer, wine and liquor is served, a
minimum of 60 seats shall be provided.
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b. Outdoor cafes, when visible from or fronting on a public
street, shall have a minimum of 20 seats and be permitted to
sell only beer and wine for consumption on the premises. The
establishment of outdoor cafes under this section shall be
pursuant to Section 7-1, Conditional Uses.
c. Outdoor cafes, when not visible from or on a public street,
alley, way, shall have no minimum seating requirement and
shall be permitted to sell alcoholic beverages only for
consumption on the premises.
d. Golf Clubhouse - When located on a golf course, the sale of
alcoholic beverages is permitted only for consumption on the
premises.
2. Accessory Use: Hotel, Hotel-apartments, or apartments, or any
mixed use having a minimum of 100 dwelling units or a minimum of
100 sleeping units than be permitted to have accessory uses which
sell alcoholic beverages pursuant to the following minimum
standards:
a. Restaurants, night clubs, bars, cabarets, or private clubs shall
have a minimum of 40 seats and be permitted to sell
alcoholic beverages. Sales for consumption on the premises
is permitted.
b. Outdoor cafes when visible from a public street shall have a
minimum of 20 seats and be permitted to sell beer and wine
for consumption only on the premises. The establishment of
the outdoor cafe shall be pursuant to Section 7-1, Conditional
Uses.
c. Outdoor cafes when not visible from a public street, alley,
way, shall have no minimum seating requirement and shall be
permitted to sell alcoholic beverages only for consumption on
the premises.
d. Golf Clubhouse - When located on a golf course, the sale of
alcoholic beverages is permitted only for consumption on the
premises.
3. Nothing herein shall be construed to restrict sales of alcoholic
beverages in the Theatre of the Performing Arts or in the Civic
and Convention Center District.
SECTION 12: SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of
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any competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portions
of this Ordinance.
SECTION 13: EFFECTIVE DATE
This ordinance shall take effect ten days after adoption, on June 25, 1983.
PASSED and ADOPTED this 15th of June , 1983.
MAYOR
ATTEST:
CITY CLERK
1st Reading - June 1, 1983 (as amended)
RWP:SAY:rg 2nd Reading - June 15, 1983
4/6/83
X6/7/83
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