Ordinance 95-2996 ORDINANCE NO. 95-2996
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AMENDING ZONING ORDINANCE NO. 89-2665,
AMENDING SECTION 12,ENTITLED "LIQUOR CONTROL
REGULATIONS", AMENDING SUBSECTION 12-1,
ENTITLED "GENERAL PROVISIONS" BY LIMITING
PACKAGE SALES BY CERTAIN RETAIL STORES,AND BY
RESTAURANTS, BARS, AND NIGHTCLUBS. TO THE
HOURS OF 8:00 A.M. TO 12 MIDNIGHT; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the sale of alcoholic beverages for off-premises consumption has a negative
impact on surrounding neighborhoods; and
WHEREAS,the City Commission has expressed concern over the impact of package sales
after 12 midnight; and
WHEREAS, it is necessary to regulate the hours of retail package sales for off-premises
consumption.
NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That Subsection 12-1, entitled "General Provisions" of Section 12, entitled "Liquor
Control Regulations" of City of Miami Beach Zoning Ordinances No. 89-2665 is hereby amended
as follows:
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
Uses. Vendors having a license from the State Division of Alcoholic
Beverages and Tobacco 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, including grocery and convenience stores, either as permitted
main or Accessory Uses, which 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. 12 midnight on any day of the week.
3. Restaurants, Bars, Nightclubs, either as permitted main or Accessory Uses
shall only offer for sale the on-Premise consumption of Alcoholic Beverages
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. Off Premises package sales shall be
permitted between the hours of 8:00 a.m. and 2:00 a.m. 12 midnight for
Bars,and Nightclubs, and Restaurants.
SECTION 2. Nothing herein shall be meant to effect any Vendor regulated by Section 563.02,
Florida Statutes (1993).
SECTION 3. REPEALER
That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith
repealed.
SECTION 4. SEVERABILITY
If any section, subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 1st day of October, 1995.
PASSED and ADOPTED this 7th day of June , 1995.
•
MAYOR
ATTEST: C
CITY CLERK
CLERK
c:rh:2nc810ord
1st reading 5/3/95
2nd reading 6/7/95
FORM APPROVED
Legal Dept.
By
Date q"13 "S 1'
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 3q l -(95
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission
MAy 17 , 1995
FROM: Roger M. Carlton
City Manager
SUBJECT: SECOND READING — AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-
2665, AMENDING SECTION 12, ENTITLED ''LIQUOR CONTROL
REGULATIONS," BY AMENDING SUBSECTION 12-1, ENTITLED
"GENERAL PROVISIONS" BY LIMITING PACKAGE SALES BY
RETAIL STORES WHICH PRIMARILY OFFER FOR SALE
PRODUCTS OTHER THAN ALCOHOLIC BEVERAGES,
RESTAURANTS, BARS AND NIGHTCLUBS TO THE HOURS OF
8:00 A.M. TO 12 :00 P.M. ; PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt on
second reading the attached Ordinance to amend Section 12 , entitled
"Liquor Control Regulations" of Zoning Ordinance No. 89-2665.
BACKGROUND
The amendment was requested by Board member Roberto Datorre in
response to a re-occurring problem experienced on private and
public property, such as municipal parking lots, and along
Washington Avenue within the Historic District. The City
Attorney's Office drafted the attached amending Ordinance.
The Planning Board held a public hearing on March 28, 1995 and
voted 7-0 to approve the amendment with an effective date of
October 1, 1995. This effective date was requested by the City
Attorney to coincide with the occupational license renewal date to
help mitigate challenges from effected license holders. On May 3 ,
1995 the City Commission approved the amending Ordinance on first
reading by a vote of 6-0 (Commissioner Kasdin was temporarily
absent from the meeting) .
PAGE 1 OF 2
AGENDA
I TEM
DATE �� 7 15
ANALYSIS
During late night hours, between 12 midnight and sunrise, groups of
individuals "hang-out" on public and private property and consume
alcoholic beverages. These individuals often become a nuisance to
surrounding properties in terms of their behavior, in addition to
creating unwanted litter.
The amendment, herein, would restrict the sale for off-premises
package sales to the hours of 8 : 00 a.m. to 12 : 00 p.m. for retail
stores (grocery, convenience, etc. ) , bars, nightclubs and
restaurants. Currently, these uses may have off premises package
sales from 8 : 00 a.m. to 2 : 00 a.m. , seven days a week assuming their
State license allows off- premises package sales. Retail package
stores that perform package sales only are not effected by this
amendment. Their operation will remain within the hours of 8: 00
a.m to 10: 00 p.m. seven days a week as currently permitted.
While this amendment can not discourage groups of individuals from
congregating on private and public properties within these time
periods, it would help to control the negative impacts of off-site
consumption of alcoholic beverages in public parks, alleys,
streets, parking lots, malls, playgrounds, beaches and any other
public right-of-way and on private property by taking away the
local source for package sales of alcoholic beverages after 12 : 00
p.m. This Ordinance is a companion to the Ordinance approved on
April 5, 1995 as an amendment to the City Code to prohibit
consumption, sale and/or service of alcoholic beverages in public
places with certain exclusions for sidewalk cafes and other areas
designated for such purposes. Combining this new amendment to the
City Code with the attached amending Ordinance, law enforcement
officers would be more effective enforcing the prohibition against
drinking, selling and serving alcoholic beverages in public areas
and keeping said activities from having a negative impact on
surrounding properties.
CONCLUSION
Based on the foregoing, the Administration recommends that the City
Commission adopt on second reading this amending Ordinance which
proposes to limit package sales by retail stores which primarily
offer for sale products other than alcoholic beverages (grocery,
convenience, etc. ) , restaurants, bars and nightclubs to the hours
of 8 : 00 a.m. to 12 : 00 p.m.
DJG\MHF\DISK#10\1213CM2.95
PAGE 2 OF 2
•
0
4.1 •
Vl C) •
W $-1 G) •
0 U) •
N .0
I Cr U)
rn rn •rl v)
CD*1 oo a 0
N bD•r1
1 • rJ m
ul
0 O) •ri •ri
Z r I c7
+-1 0 O
O 4-1P-1
U
1-4Z G 0 CO
4 Q) r-1
G, W ct1
F-• C„) •r{ 1-4
C7. v N-CO C)
1-4 —4
oZ O O a)
f-• •r1 c7
oeO .0
• •r1 M 7J
O •r1 4-)
• u r-1
O 41 ta0 a_I
N V) N •,..1
Ri d,
to 0o I N
r1 •r1 0
G 0 +) -i
W WO I
O N
U r i