Ordinance 2000-3225-A ORDINANCE NO. 2000-3225-A
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA; AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6,
ENTITLED "ALCOHOLIC BEVERAGES", SECTION 6-4, ENTITLED
"LOCATION AND USE RESTRICTIONS", BY RESTRICTING THE
HOURS OF OPERATION OF MOTION PICTURE THEATERS;
PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the Code of the City of Miami Beach specifies location and use restrictions on
motion picture theaters located within the City; and
WHEREAS, the Code of the City of Miami Beach contains restrictions on the hours of
operation for various businesses located within the City; and
WHEREAS, the City Commission finds that motion picture theaters have an impact upon
their surrounding neighborhoods, and the Commission deems it appropriate to apply such a
limitation on hours of operation to motion picture theaters located within the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 6-4, entitled "Location and use restrictions", of Chapter 6, entitled
"Alcoholic Beverages", of the Code of the City of Miami Beach,Florida is hereby amended to read
as follows:
Sec. 6-4. Location and use restrictions.
(a) Generally. The following location and use restrictions are applicable for facilities selling or
offering alcoholic beverages for consumption:
(1) Educational facilities. No alcoholic beverage shall be sold or offered for consumption in a
commercial use within 300 feet of any property used as a public or private school operated for the
instruction of minors in the common branches of learning. Except for uses in the civic and
convention center(CCC) district, hospital (HD) district or within 300 feet of a marina.
(2) Places of worship. No alcoholic beverage shall be sold or offered for consumption in a
commercial use, except in restaurants for consumption on the premises, within 300 feet of any
property used as a place of worship.
(3) Retail stores for off-premises consumption. The minimum distance separation between retail
stores primarily selling alcoholic beverages for consumption off the premises as a main permitted
use shall be 300 feet.
(4) Motion picture theater. No alcoholic beverages shall be sold or offered for consumption in
any motion picture theater or in any room opening directly or indirectly into or in connection with
any motion picture theater. Motion picture theaters shall not be permitted to operate between the
hours of 3:00 a.m. and 8:00 a.m.. except that motion picture theaters may apply for up to three
special event permits from the City per calendar year to operate during such hours.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA
It is the intention of the City Commission,and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that
the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that
the word "ordinance" may be changed to "section" or other appropriate word.
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 2,2nd day of January , 2000.
PASSED and ADOPTED this 12th day of January , 2000.
ATTEST: MAYOR
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CITY CLERK APPROVED AS TO
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1st reading 12/15/99
2nd reading 1/12/2000 ,
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CIITY OF MIAMI BEACH
170D Co; vention Center Drive,305-673-7010
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June 18, 1999 r=
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Mr. Milko Cuellar ;
District Manager
Regal Cinemas
11865 SW 26th Street
Miami, Florida 33175
Dear Mr. Cuellar:
While we are delighted to have a beautiful new theater complex on Lincoln Road, we are deeply
distressed to learn that despite earlier recitals, Regal has now decided to open the theaters on Friday
and Saturday evenings for movies to start in the range of 1:30AM-2:30 AM, ending in the 3:30AM
-4:00 AM time frame. Our police, parking, and traffic management plans have all been predicated
on the premise that the last movies would start around midnight and end sometime before 2:00 AM.
To learn, less than one week before the opening, that your hours are being extended and that you are
seeking a variance to sell alcoholic beverages is most distressing.
The City of Miami Beach has looked forward to the opening of the theaters for some time. We
recognize your investment in our community, and we want to have a positive working relationship.
However, that kind of partnership is built on mutual understanding of each other's needs. We
respectfully request that you rethink the hours of operation and the sale of alcoholic beverages in the
theaters. We view both issues as inappropriate and not in the best interest of our citizens.
Should you wish to discuss this further, please do not hesitate to contact me at (305) 673-7010.
Since ,
trrRodriguez
Manager
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c: Honorable Mayor and City Commissioners
Mark Kotler, Finestra
Carter McDowell, Esq.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\1ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 37-00
TO: Mayor Nelsen O.Kasdin and DATE:January 12,2000
Members of the City Commission
FROM: Lawrence A.Levy alive
City Manager
Second Reading Public Hearing
SUBJECT: Motion Picture Theater Hours of Operation
An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida; Amending the Code of the City of Miami Beach, Florida, Amending
Chapter 6, Entitled "Alcoholic Beverages", Section 6-4, Entitled "Location
and Use Restrictions", by Restricting the Hours of Operation of Motion
Picture Theaters; Providing for Inclusion in the Code of the City of Miami
Beach, Florida; Repealer; Severability; and an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending Ordinance.
ANALYSIS
The consideration of an amendment to the Land Development Regulations of the City Code
regulating the hours of operation for movie theaters was requested by the City Manager and by the
Planning Board.
With the recent opening of the new Regal Cinema project at the corner of Lincoln Road and Alton
Road, the City has had to focus on mitigating possible negative impacts of the movie theater on the
surrounding neighborhood. The residents of nearby residential neighborhoods, including the Palm
View neighborhood just north of 17th Street, have expressed concerns regarding issues of parking,
traffic, security and sanitation relative to the opening of the new theater.
In the context of these concerns, the Administration was concerned when it learned that, despite
earlier declarations to the contrary, the Regal Cinema had decided to open the theaters on Friday
and Saturday evenings for movies to start in the range of 1:30 AM- 2:30 AM, and ending in the
3:30 AM - 4:00 AM time frame. The City's police, parking and traffic management plans had all
been predicated on the premise that the last movies would start around midnight and end sometime
around 2:00 AM(see attached correspondence from City Manager).
Agenda Item SA
Date ' -12-00
Commission Memorandum
January 12, 2000
Motion Picture Theater Hours of Operation
Page 2 •
ANALYSIS (Continued)
Currently,the City Code contains location and use restrictions for a number of different types of
business establishments. This proposed ordinance would apply a limitation on the hours of
operation for motion picture theaters. At its September 28, 1999 meeting, the Planning Board
voted 7-0 in favor of the proposed amending ordinance limiting motion picture theaters from
operating between the hours of 2:30 a.m.and 7:30 a.m. Additionally,the Board recommended that
a provision be added to the ordinance allowing for theaters to operate outside of these hours during
City approved special events. This provision could be utilized up to three times per year, per
theater complex. The Planning Board's recommendation was incorporated into the ordinance.
At its December 16, 1999 meeting,the City Commission approved, on first reading,the proposed
ordinance, with an amendment changing the required closing hours to between 3:00 a.m. and 8:00
a.m. The management of the Regal Cinema expressed their acceptance of the ordinance, with the
change setting the closing hours from 3:00 a.m. to 8:00 a.m. The proposed ordinance before the
Commission today for adoption has been revised to reflect this change.
The proposed ordinance will accommodate the normal operation of movie theaters, including
allowing "midnight showings",but will restrict the possibility of all-night operations, with theaters
remaining open until the early morning hours. This is necessary because movie theaters, by the
nature of their operations, have the potential for significant impacts upon their surrounding
neighborhoods, including the issues of adequate,parking, increases in vehicular traffic, control of
crowds and crowd noise, and ensuring public safety.
Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon
second reading public hearing,the proposed amending ordinance to Section 6-4 of the Code of the
City of Miami Beach, Florida,as revised,as it would limit the hours of operation of motion picture
theaters within the City to a reasonable time, while still allowing for a limited number of special
events.
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