Ordinance 95-2983 ORDINANCE NO. 95-2983
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED
"OFFENSES-MISCELLANEOUS" , AMENDING SECTION 25-
33 .2, ENTITLED "CONSUMPTION OF ALCOHOL ON
PUBLIC BEACHES" , AMENDING THE DEFINITION OF
"ALCOHOLIC BEVERAGE" ; PROHIBITING THE SALE,
SERVICE AND CONSUMPTION OF ALCOHOLIC BEVERAGES
ON/IN PUBLIC PLACES; PROVIDING EXCEPTIONS;
REQUIRING STORES SELLING ALCOHOLIC BEVERAGES
TO POST A SIGN REGARDING THIS PROHIBITION;
PROVIDING FOR ENFORCEMENT AND PENALTIES FOR
VIOLATIONS; PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the unauthorized consumption, service and sale of
alcoholic beverages on/in public places threatens the health,
safety and welfare of citizens and visitors in the City of Miami
Beach; and
WHEREAS, it is necessary to amend Miami Beach City Code
Section 25-33 . 2 in keeping with the current definition of
"alcoholic beverage" in the Florida Statutes and to add prohibition
against consumption, service and sale of alcoholic beverages in/on
other public places in addition to beaches; and
WHEREAS, it is necessary to inform persons purchasing
alcoholic beverages of the restriction against consumption, sale,
or service in public places, in order to prevent violations .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 . AMENDMENT OF CITY CODE SECTION 25-33 .2
That Section 25-33 . 2 of Miami Beach City Code Chapter 25,
entitled "Offenses-Miscellaneous" is hereby amended as follows :
Sec. 25-33 .2 Consumption, service and sale of alcoholic
beverages on/in public beeches places prohibited;
warning signs required.
(a) Definitions . As used in this section, the term:
(1) Alcoholic beverage means alcohol, 3pirit3, liquor, wine,
beer, and which contain one half of one percent or more of alcohol
by volume, and which arc fit for beverage purpocc3 whether alone or
when diluted, mixed or combined with other sub3tanccs . distilled
spirits and all beverages containing 0 . 5 percent or more alcohol by
volume . The percentage of alcohol by volume shall be determined by
measuring the volume of the standard ethyl alcohol in the beverage
and comparing it with the volume of the remainder of the
ingredients as though said remainder ingredients were distilled
water.
(2) Citation means a written notice, issued to a person by an
officer, that the officer has probable cause to believe that the
person has committed a civil infraction in violation of a duly
enacted ordinance and that the county court will hear the charge .
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The citation shall contain:
a. The date and time of issuance .
b. The name and address of the person.
c . The date and time the civil infraction was
committed.
d. The facts constituting probable cause .
e . The ordinance violated.
f . The name and authority of the officer.
(3) "Code Inspector" means an authorized employee of the City
of Miami Beach whose duty it is to ensure code compliance,
including but not limited to inspectors of the City' s Code
Enforcement Division and law enforcement officers as defined
herein.
(4) "Food Store Selling Alcoholic Beverages" means any food
or convenience store which has a license for package sales of
alcoholic beverages from the Florida Division of Beverages and
Tobacco in the classification 1-APS, 2-APS or PS .
(5) (2) Law Enforcement Officer (officer) means any person who
is elected, appointed, or employed full time by the city of Miami
Beach or the state or any political subdivision thereof, who is
vested with authority to bear arms and make arrests, and whose
primary responsibility is the prevention and detection of crime or
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the enforcement of the penal, criminal, traffic, or highway laws of
the state . This definition includes all part-time law enforcement
officers, auxiliary law enforcement officers, and all certified
supervisory and command personnel whose duties include, in whole
and in part, the supervision, training, guidance, and management
responsibilities of full-time law enforcement officers, part-time
law enforcement officers, reserve officers or auxiliary law
enforcement officers but does not include support personnel
employed by the employing agency.
(6) "Operator" means any person physically present at a food
store selling alcoholic beverages or package store, who is managing
said store or is otherwise in charge of its operation.
(7) "Owner" means any person holding an occupational license
for a food store selling alcoholic beverages or for a package
store .
(8) "Package Store" means any store primarily engaged in the
business of selling alcoholic beverages for off-premises
consumption and which has a license for package sales from the
Florida Division of Beverages and Tobacco in the classification of
1-APS, 2-APS, or PS .
JZ' "Public Place" means any public street, sidewalk, or
other public right-of-way, pedestrian mall, park, playground,
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beach, or beach access area within the City of Miami Beach.
(b) Violations .
(1) It shall be unlawful for any person to consume or pos3c35,
serve or sell any beer, wine or any othcr alcoholic beverage on/in
any public beach and it3 access ar as place within the City of
Miami Beach, except in those areas as designated and approved for
such use by the City Manager or the City Commission, including, but
not limited to the following:
a. Sidewalk cafes having a valid City Sidewalk Cafe
Permit .
b. Public property leased from the City by a private
entity and licensed by the City for such use .
c . Areas temporarily designated for such use by the
City by issuance of a valid Special Event Permit .
(2) The owner or operator of any package store or food store
selling alcoholic beverages shall prominently post, on the outside
of each entrance and on the inside of the main customer exit of
each package store or store selling alcoholic beverages, a sign
with contrasting letters at least two inches tall , stating the
following:
IT IS UNLAWFUL FOR ANY PERSON TO CONSUME, SELL, OR SERVE
ANY ALCOHOLIC BEVERAGE ON/IN ANY PUBLIC PLACE, ALLEY,
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STREET, SIDEWALK, PARK, OR OTHER SUCH PLACE WITHIN THE
CITY OF MIAMI BEACH UNLESS DESIGNATED FOR SUCH PURPOSE BY
THE CITY. VIOLATORS ARE SUBJECT TO A CIVIL PENALTY.
Failure to post this sign shall be deemed a violation of this
Section.
(c) Penalties .
(1)Any violation of section 25-33 . 2 (b) (1) of the Code of the
City of Miami Beach is a civil infraction. During a one year
period, Each violation of this section shall constitute a separate
offense . Violations of section 25-33 . 2 (b) will be punished by a
civil penalty of fifty dollars .as follows .
(1) For a first violation, by a civil pcnalty of fifty
(2) For a second violation, by a civil pcnalty of one
hundred dollars .
(3) For each additional violation, by a civil pcnalty of
Any person who fails to pay the appropriate civil penalty
within the time allowed or who fails to appear in court to contest
the citation, shall be deemed to have waived his right to contest
the citation and judgment may be entered against the person for an
amount not to exceed five hundred dollars .
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(2) Any violation of Section 25-33 . 2 (b) (2) shall be
prosecuted in the City' s Special Master System and punished by a
per diem fine of up to $250 or $500 for repeat violations as
provided in Section 9B of this Code .
(d) Enforcement by citations .
(1) Any Law Enforcement Officer who has probable cause to
believe that a person has committed an act in violation of section
25-33 . 2 (b) (1) of the City of Miami Beach Code shall issue a
citation to that person.
Any person cited for a violation of Section 25-33 . 2 (b) (1)
this section shall be deemed to be charged with a civil infraction
and shall be cited for such infraction and cited to appear in
court bcforc an official .
Any person cited for an infraction under this section shall
sign and accept a citation indicating a promise to appear.
Any person charged with a civil infraction under this section
may pay the civil penalty, either by mail or in person, within
twenty days of the date of receiving the citation. If the person
cited follows the above procedure, he shall be deemed to have
admitted the infraction and to have waived his right to a hearing
on the issue of the commission of the infraction.
Any person electing to appear before the designated judge
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official shall be deemed to have waived his right to the civil
penalty provisions of section 25-33 . 2 (c) (1) - (3) .
The judge official, after a hearing, shall make a
determination as to whether an infraction has been committed. If
the commission of an infraction has been proven, the judge official
may impose a civil penalty not to exceed five hundred dollars .
Any person who willfully refuses to sign and accept a citation
regarding a violation of Section 25-33 . 2 (b) (1) issued by an a Law
Enforcement Officer shall be guilty of a misdemeanor of the second
degree, punishable as provided by Florida Statutes 775 . 082, 775 . 083
or 775 . 084 .
(2) Any Code Inspector who has observed a violation of
Section 25-33 . 2 (b) (2) shall issue a notice of violation to the
operator and/or owner, as provided in Chapter 9B of this Code .
requiring compliance within a reasonable time . Uncorrected
violations shall be enforced and prosecuted in the City' s Special
Master System as provided in Section 9B of this Code .
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
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SECTION 3 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 4 . EFFECTIVE DATE.
This Ordinance shall take effect on the 15th day of April,
1995.
PASSED and ADOPTED this 5th day o Aril, 1995.
ATTEST: _
MA e'
ALA-AAL • 1
CITY CLERK
(Requested by Commissioner Martin ' hapiro. )
1st reading 3/15/95
2nd reading 4/5/95
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FORM '" • VED
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Date SW S 11-r z- 45 9
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OFFICE OF THE CITY ATTORNEY
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F L O R I D A
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LAURENCE FEINGOLD - j �, P O BOX 0
CITY ATTORNEY H26 MIAMI BEACH. FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY 1305) 673-7002
COMMISSION MEMORANDUM NO: 21 (8 CIS
DATE: April 5 , 1995.
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. C• 'LTON
FROM: LAURENCE FEINGOLD
CITY ATTORNEY I 411r
SUBJECT: ORDINANCE PROHIBITING CONSUMPTION/SALE/SERVICE OF
ALCOHOLIC BEVERAGES IN PUBLIC PLACES AND REQUIRING
WARNING SIGNS IN PACKAGE STORES
Commissioner Martin Shapiro requested the attached Ordinance
which will improve our ability to prohibit consumption, sale and/or
service of alcoholic beverages in public places . This Ordinance
amends City Code Section 25-33 . 2 which currently provides civil
penalties for consumption of alcoholic beverages on the public
beaches by extending the prohibition to other public places such as
sidewalks, streets, alleys, malls, parks, playgrounds and beaches
and all public right-of-ways and by also prohibiting sale or
service of alcoholic beverages in public places .
The Ordinance contains an exemption for consumption, sale, and
service of alcoholic beverages in licensed sidewalk cafes and in
other areas designated for such purposes by the City.
In order to simplify enforcement procedures for the Police
Department, there is a single penalty of fifty dollars ($50 . 00) for
each violation. This eliminates the problem of having the Police
Officer need to know whether the violation is a first, second or
third offense at the time a civil citation is issued.
AGENDA
ITEM - 3- 0-
•
1700 CONVENTION.CENTER DRIVE- FOURTH FLOOR - MIA DATE -1-4q
Mayor Seymour Gelber
Members of the City Commission
City Manager Roger M. Carlton
March 1, 1995
Page 2
This proposed Ordinance also requires stores which sell
alcoholic beverages for off-premises consumption to display a sign
informing purchasers of such beverages that it is unlawful to
consume them on beaches, streets, and other public places which
have not been designated for such purposes . Violations involving
failure to display the sign are enforced by issuance of a notice of
violation by a Code Inspector. Failure to comply with the notice
results in prosecution in the City' s Special Master System with
potential fines of up to $250 per day. This is based upon a
similar ordinance in the Dade County Code .
The City currently has a criminal ordinance on this subject,
City Code, Section 25-33 . 1 . However, enforcement of this criminal
ordinance has not been successful in the court system. It will be
repealed by an ordinance also included in the March 15, 1995 Agenda
Packet . We believe that the method of enforcement in the attached
ordinance, the civil citation system, will be successful .
It should also be noted that, persons who become disorderly
while intoxicated on public property may be cited and/or arrested
pursuant to Section 856 . 011, Florida Statutes . This Statute is
currently being enforced by the City' s Police Department .
The attached Ordinance should improve the City' s effectiveness
in enforcing the prohibition against drinking, selling and serving
alcoholic beverages in public .
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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