Ordinance 96-3042 ORDINANCE NO. 96-3042
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, SERVICE AND SALE OF
ALCOHOLIC BEVERAGES ON/IN PUBLIC PLACES
PROHIBITED; WARNING SIGNS REQUIRED", INCLUDING A
PROHIBITION FOR POSSESSION OF OPEN CONTAINERS OF
ALCOHOLIC BEVERAGES; PROVIDING FOR CRIMINAL
PENALTIES FOR VIOLATIONS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, 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, the City of Miami Beach deems it in the public interest to prevent public
disorder caused by the consumption, service, sale and possession of open containers of
alcoholic beverages on/in public places; and
WHEREAS, the City of Miami Beach deems it necessary to impose criminal penalties
in order to strengthen the method of enforcing the unlawful consumption, service, sale and
possession of open containers of alcoholic beverages on/in any public place within the City
of Miami Beach.
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 ani, sale and possession of open containers of
alcoholic beverages on/in public places prohibited; warning signs required.
(a) Definitions. As used in this section, the term:
(1) Alcoholic beverage means 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) Citdtiun Illedlls d written notice, issued to d person by drl Ufflcel t►Idt lite UffiCCI
has probable cause to believe that the person has CUITIIIIIttell d Civil InfrdctlUll ill VIUldtlon of
d duly enacted ordinance and that the county court will hear the charge. The Citation shalt
contain.
d. The date and tulle of issuance.
IJ. The ndrrle and address of the person.
C. The date and time the civil infraction VVdS cUIIIIIIItted.
d. The facts constituting probable cause.
e. The ordinance violated.
f. The rldrne dnd dulllonity of the officer.
(2)(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.
(3)O "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.
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(4) J 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 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.
(5) "Open Container" means any receptacle or container immediately capable of
being consumed from by a person, or which has been opened, or a seal broken, or the
contents of which have been partially removed.
(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.
(9) "Public Place" means any public street, sidewalk, or other public right-of-way,
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pedestrian mall, park, playground, beach, or beach access area within the City of Miami Beach.
(b) Violations.
(1) It shall be unlawful for any person to consume, serve,.or sell or possess an open
container of any alcoholic beverage on/in any public 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, Olt SERVE,. OR
POSSESS AN OPEN CONTAINER OF ANY ALCOHOLIC BEVERAGE ON/IN
ANY PUBLIC PLACE, ALLEY, 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 CRIMINAL PROSECUTION.
Failure to post this sign shall be deemed a violation of this Section.
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(c) Penalties.
(1) Any person convicted of a violation of section 25-33.2(b)(1) of the Code of the
City of Miami Beach is d c1Vll Infldc IIUII. Edell VIUIdti011 of this Sectiofi Shall corIStItUte d separate
offense. Violations of section 25-33.2(b) will be punished by d civil penally of fifty dollars. shall
be punished by imposition of a fine, not to exceed Fifty Dollars ($50.00) for a first offense.
Upon any subsequent conviction for violation of section 25-33.2(b)(1), such person shall be
punished by imposition of a fine, not to exceed Three Hundred Dollars ($300.00), or by
imprisonment not to exceed thirty (30) days, or both.
Any person who fails to pay the civil per within the time allowed or who fails to
appear in Loud to contest the citation, shall be deemed to have waived Iris right to contest the
citation dud judgment may be entered against the person for do amount riot to exceed five
hundred dollars.
(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. 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 twenty-four (24) hours.
(d) En(ur.enient.
(1) Any Law E1rfurcerrre 1t fficel who lydS probdkble cause to believe that d person
has committed di] da in viUldtiorl of section 25-33.2(b)(1) of the City of tvlidrrri Beach Code
shall issue d c.ildli011 to that person.
Any person cited fur d violation of Section 25-33.2(b)(1) shall be deemed to be
charged with d CiVil InfrdLtloll dnd Slid!' be cited for Such infraction arid cited to appear in
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court.
Any person cited for dll infrdcliori under this section shall sign and accept d
cilaliorl indicdtirlg d promise to appear.
Any person charged with d civil IIl(ldCllVn under this section may pay the civil
penally, either by mail or in person, within twenty days of the dale 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 d hearing on the issue of the commission of the
infraction.
Any person electing to dppedr before the desiglldled judge shall be deemed to
have waived his right to the civil penalty provisions of section 25-33.2(c)(1)-(3).
The judge, dile! d hearing, Slid1I rildke d deteliiiiildtiorI dS to Whether dll Infidctioll
lids been committed. If llie commission of dll Infrdc[ioii lids been proven, the judge may
impose d civil penally not to exceed five hundred dollars.
Any person who willfully refuses to sign and accept d citation regarding d
violation of Section 25-33.2(b)(1) issued by a Ldw Enforcement Officer shall be guilty of d
misdemeanor of the second degree, punishable dS provided by Florida Statutes 775.082,
775.083 or 775.084.
(2) Any Code Inspector who lids observed d violation of Section 25-33.2(b)(2) shall
issue d notice of violation to the operator and/or owner, ds provided in Chapter 9B of this
Code. requiring compliance within d reasonable time. Uncorrected violations shall be
enforced arid prosecuted iii the City's Special Master System dS provided in Section 9B of this
Code.
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SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a part
of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article," or other appropriate word.
SECTION 4;5.EFFECTIVE DATE.
This Ordinance shall take effect on the 30th day of March 1996.
PASSED and ADOPTED this 20th day of March , 19•.
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ATTEST: MA
Ro (Uk4 cLcL*
CITY CLERK FORM APPROVED
(Requested by Commissioner Nancy Liebman.)
f:\alto\diam\mld-misc\alco-bev.or2 By 1)... .e7e,L.t.
1st reading 3/6/96 Date 3/7
2nd reading 3/20/96
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OFFICE OF THE CITY ATTORNEY
ly Wald
F L O R I D A
0 2�PCy
MURRAY H. DUBBIN �h
Telephone: (305) 673-7470
City Attorney 4`�"� Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO. J 3 z („
DATE: MARCH 6,1996
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
FROM: MURRAY H. DUBBIN
CITY ATTORNEY /44
JOSE GARCIA-PEDROSA
CITY MANAGER
SUBJECT: "DRINKING IN PUBLI " ORDINANCE
Pursuant to Commissioner Nancy Liebman's request, the following ordinance amends the
penalties provided for violators of the "Drinking in Public" Ordinance No. 95-2983. Under the
language of the amendment, any person who unlawfully consumes, serves, sells, or possesses an
open container of any alcoholic beverage on/in any public place within the City of Miami Beach,
except in those areas as designated and approved for such use by the City, shall be punished by
imposition of a fine for a first offense, or by a fine or imprisonment, or both, for any subsequent
offenses.
MHD/JGP:mr
Agenda Item R 'S E_
Date 3-2 0"al
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