Ordinance 99-3187 ORDINANCE NO. 99-3187
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
•
CITY OF MIAMI BEACH, FLORIDA ESTABLISHING A TEMPORARY
MORATORIUM TO BE EFFECTIVE THROUGH SEPTEMBER 30,1999 ON
•
A) THE ISSUANCE OF NEW CERTIFICATES OF USE
AND OCCUPATIONAL LICENSES FOR ESTABLISHMENTS
LOCATED ON ANY PROPERTY WHICH HAS A LOT LINE
ON LINCOLN ROAD, FROM THE ATLANTIC OCEAN ON
THE EAST TO BISCAYNE BAY ON THE WEST, WHICH
WILL ALLOW DANCING AS A USE AFTER THE
EFFECTIVE DATE OF THIS ORDINANCE, AND
B) THE EXPANSION OF USES UNDER EXISTING
CERTIFICATES OF USE AND OCCUPATIONAL LICENSES
FOR ESTABLISHMENTS LOCATED ON ANY PROPERTY
WHICH HAS A LOT LINE ON LINCOLN ROAD,FROM THE
ATLANTIC OCEAN ON THE EAST TO BISCAYNE BAY ON
THE WEST, WHICH DO NOT CURRENTLY ALLOW, BUT
SEEK TO ALLOW, DANCING AS A USE AFTER THE
EFFECTIVE DATE OF THIS ORDINANCE,
IN ORDER TO CONSIDER AND FULLY IMPLEMENT, IF ADOPTED,
AMENDMENTS TO THE MIAMI BEACH CITY CODE AMENDING THE
DEFINITIONS, OPERATIONAL REQUIREMENTS, AND LICENSING
PROCEDURES RELATED TO RESTAURANTS, NIGHTCLUBS, SUPPER
CLUBS,DANCE HALLS,BARS,ENTERTAINMENT ESTABLISHMENTS,
AND ALCOHOLIC BEVERAGE ESTABLISHMENTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City of Miami Beach("City") is in the process of evaluating its licensing
regulations and procedures with regard to restaurants, nightclubs, supper clubs, dance halls, bars,
entertainment establishments, and alcoholic beverage establishments to address certain problems
including, but not limited to, the proliferation of dance clubs and discotheques operating under
restaurant licenses and certificates of use throughout the City; and
WHEREAS,the problems associated with the proliferation of dance clubs and discotheques
on Washington Avenue is beginning to be experienced on Lincoln Road from the Atlantic Ocean on
the east to Biscayne Bay on the west and is expected to multiply as commercial development
continues to increase on Lincoln Road; and
WHEREAS,pending the formulation and adoption of new legislation by the City addressing
the concerns with regard to the issuance of certificates of use and licenses for the variety of
establishments which now currently operate under a restaurant license and certificate of use,the City
Commission deems it in the best interest and welfare of the City to impose a temporary moratorium
on(a)the issuance of new certificates of use and occupational licenses for establishments on Lincoln
Road which will allow dancing as a use after the effective date of this Ordinance and (b) the
expansion of uses under existing certificates of use and occupational licenses for establishments on
Lincoln Road which do not currently allow, but seek to allow, dancing as a use after the effective
date of this Ordinance, in order to consider and fully implement, if adopted, new legislation to
address the licensing procedures and requirements for the variety of alcoholic beverage and
entertainment establishments in the City; and
WHEREAS,this Ordinance is not intended to affect those establishments on Lincoln Road
which currently have valid restaurant licenses and certificates of use and which have allowed dancing
as a use prior to the effective date of this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1. That a temporary moratorium is hereby imposed through September 30, 1999 on:
A) The issuance of new certificates of use and occupational
licenses for establishments located on any property which has a lot
line on Lincoln Road,from the Atlantic Ocean on the east to Biscayne
Bay on the west, which will allow dancing as a use after the effective
date of this Ordinance, and
B) The expansion of uses under existing and valid certificates of
use and occupational licenses for establishments located on any
property which has a lot line on Lincoln Road, from the Atlantic
Ocean on the east to Biscayne Bay on the west, which do not
currently allow,but seek to allow, dancing as a use after the effective
date of this Ordinance,
in order to consider and fully implement, if adopted, amendments to the Miami
Beach City Code amending the definitions, operational requirements, and licensing
procedures related to restaurants, nightclubs, supper clubs, dance halls, bars,
entertainment establishments, and alcoholic beverage establishments.
SECTION 2. SEVERABILITY.
If any section, subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 3. EFFECTIVE DATE.
This Ordinance shall take effect on the 16th day of June , 1999.
PASSED and ADOPTED this 9th day of June , 1999.
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ATTEST: MAYOR
ktAlt 90tAttUVI
CITY CLERK
1st reading 5/26/99
2nd reading 6/9/99
Ordinance No. 99-3187
F:\ATTO\TURMORDINANC\NITECLB3.ORD
5/18/99
APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUTION
k2/11
City Attorney Dais
CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
ON
TEMPORARY MORATORIUM
NOTICE IS HEREBY given that a public hearing will be held by the City Commission of the City
of Miami Beach, Florida on Wednesday, June 9, 1999, at 2:30 p.m., in the Commission
Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida.
During this meeting, the City Commission will hold a second reading, public hearing to
consider the following:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM TO BE EFFECTIVE THROUGH
SEPTEMBER 30, 1999 ON:
A) THE ISSUANCE OF NEW CERTIFICATES OF USE AND OCCUPATIONAL
LICENSES FOR ESTABLISHMENTS LOCATED ON ANY PROPERTY WHICH HAS A LOT
LINE ON LINCOLN ROAD, FROM THE ATLANTIC OCEAN ON THE EAST TO
BISCAYNE BAY ON THE WEST, WHICH WILL ALLOW DANCING AS A USE AFTER
THE EFFECTIVE DATE OF THIS ORDINANCE, AND
B) THE EXPANSION OF USES UNDER EXISTING CERTIFICATES OF USE AND
OCCUPATIONAL LICENSES FOR ESTABLISHMENTS LOCATED ON ANY PROPERTY
WHICH HAS A LOT LINE ON LINCOLN ROAD, FROM THE ATLANTIC OCEAN ON
THE EAST TO BISCAYNE BAY ON THE WEST, WHICH DO NOT CURRENTLY ALLOW,
BUT SEEK TO ALLOW, DANCING AS A USE AFTER THE EFFECTIVE DATE OF
THIS ORDINANCE,
IN ORDER TO CONSIDER AND FULLY IMPLEMENT, IF ADOPTED, AMENDMENTS TO THE MIAMI
BEACH CITY CODE AMENDING THE DEFINITIONS, OPERATIONAL REQUIREMENTS, AND
LICENSING PROCEDURES RELATED TO RESTAURANTS, NIGHTCLUBS, SUPPER CLUBS, DANCE
HALLS, BARS, ENTERTAINMENT ESTABLISHMENTS, AND ALCOHOLIC BEVERAGE
ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
All persons are invited to appear at this meeting or be represented by an agent, or to
express their views in writing addressed to the City Commission c/o the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. A copy of this
Ordinance is Available for Public Inspection During Normal Business Hours in the City
Clerk's Office. Inquiries May Be Directed to the License Department at (305) 673-7420.
The above item may be continued at this meeting and, under such circumstances, additional
legal notice would not be provided. Any person may contact the City Clerk at (305) 673-7411
for information as to the status of this item as a result of the meeting.
Pursuant to Section 286.0105, Fla. Stat. , the City hereby advises the public that: if a
person decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing, such person must ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's office no
later than four days prior to the proceeding. Telephone (305) 673-7411 for assistance; if
hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or
(800) 955-8770 (VOICE) , for assistance.
BISCAYNE BAY
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OFFICE OF THE CITY ATTORNEY
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F L O R I D A
MURRAY H. DUBBIN i 9�alr Telephone: (305) 673-7470
City Attorney Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO. 4.(2.--G -9
TO: Mayor Neisen O. Kasdin and DATE: June 9, 1999
Members of the City Commission
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FROM: Murray H. Dubbin
City Attorney Pk
SUBJECT: ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE
ISSUANCE OF NEW LICENSES AND CERTIFICATES OF USE AND THE
EXPANSION OF USES UNDER EXISTING LICENSES AND
CERTIFICATES OF USE WITH REGARD TO DANCE USES ON LINCOLN
ROAD.
Pursuant to the request of Commissioner Nancy Liebman, the following Ordinance establishing a
temporary moratorium with regard to dance uses on Lincoln Road is submitted for consideration and
review by the Mayor and City Commission for second reading/public hearing.
cc: Sergio Rodriguez
City Manager
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Agenda Item � �j
Date G-9 1 — 9
1700 Convention Center Drive— Fourth Floor—Miami Beach, Florida 33139
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