Ordinance 98-3132 ORDINANCE NO.: 98-3132
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
REGULATION" BY AMENDING SUBSECTION 12-1(C),
ENTITLED "HOURS OF SALE" AND SUBSECTION 12-3
ENTITLED "EXEMPTIONS" BY LIMITING SALES OF
BEER AND WINE FOR OFF-PREMISES CONSUMPTION TO
THE HOURS OF 8:00 A.M. THROUGH 10:00 P.M. FOR ALL
VENDORS LICENSED FOR SUCH SALES AND REMOVING
ALL EXEMPTIONS FROM THOSE HOURS OF SALE,AND
CREATING A NEW SUBSECTION 12-1.C.6 PROVIDING FOR
PENALTIES FOR VIOLATIONS; PROVIDING FOR
REPEALER, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, sales of Beer and Wine for off-Premises consumption has a negative impact on
surrounding neighborhoods; and
WHEREAS, the City Commission has expressed concern over the impact on the public
safety and welfare from sales of Beer and Wine for off-Premises between the hours of 10:00 p.m.
and 8:00 a.m.; and
WHEREAS, it is necessary to regulate the hours of sale for off-Premises consumption of
Beer and Wine between the hours of 10:00 p.m. and 8:00 a.m.
NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 12-1C, entitled "Hours of Sale" shall read as follows:
C. Hours of Sale
The sale of Liquor and all other Alcoholic Beverages shall be according to the
following schedule:
* * *
2. Retail stores, including grocery and convenience stores, and gasoline service
stations, 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 12 midnight 10:00 p.m. 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 12 midnight 10:00 p.m., for Bars, Nightclubs and Restaurants.
* * *
SECTION 2. That Subsection 12-3 entitled "Exemption" of Section 12, entitled "Liquor Control
Regulations" of the City of Miami Beach Zoning Ordinance No. 892665 is hereby amended to read
as follows:
12-3 EXEMPTION
A. Notwithstanding any other provisions of this Section, the sale of Beer for off-
Premises consumption by a Vendor licensed for such sale from that location by the Division of
Alcoholic Beverages and Tobacco of the Department of Business Regulations of the State of Florida
shall be exempt from the regulations in Section 12-1D. 12-1E and 12-2 of this Section. However,
the sale by said Vendor of Alcoholic Beverages other than Beer and of Beer for on-Premises
consumption, shall be conducted in accordance with the provisions of Subsections 12-1 and 12-2
of this Section.
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SECTION 3. SEVERABILITY.
That subsection 12-1C, entitled "Hours of Sale" of Section 12, entitled "Liquor Control
Regulations" of the City of Miami Beach Zoning Ordinance No. 892665 is hereby amended as
follows:
C. Hours of Sale
6. Penalties for Violations
Upon a finding by the Special Master that a violation of Subsection 12-1.0 has
occurred, the City may initiate proceedings to revoke the Certificate of Use,
Occupational License, or Certificate of Occupancy of the violator. In addition,
Subsection 12-1.C. may be enforced and violations may be punished as second
degree misdemeanors, as provided in Sections 775.082 and 775.083. Florida Statutes.
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. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
PASSED AND ADOPTED this 15th day of July - 199
MAY R
ATT ST:
aA.(itUA APPROVED AS TO
CITY CLERK FORM& LANGUAGE
F:WTTO\DIAM\ORD\LIQUOR.AMD
1st reading 6/17/98 & FOR EXECUTION
2nd reading 7/15/98
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CITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
ttp:\\ci.m iam i-beach.fl.us
COMMISSION MEMORANDUM NO. (4-97 —� g
TO: Mayor Neisen O. Kasdin and DATE:July 15, 1998
Members of the City Co •mission
FROM: Sergio Rodriguez
City Manager >�
SUBJECT: Second Rea s ing Public Hearing - 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
Regulation" by Amending Subsection 12-1(c), Entitled "Hours of Sale" and
Subsection 12-3 Entitled "Exemptions" by Limiting Sales of Beer and Wine
for Off-Premises Consumption to the Hours of 8:00 a.m. Through 10:00 p.m.
For All Vendors Licensed for Such Sales and Removing All Exemptions from
Those Hours of Sale.
RECOMMENDATION
The Administration recommends that the City Commission, upon holding a public hearing, adopt
on second reading the proposed Ordinance.
BACKGROUND
On January 27, 1998, Commissioner Nancy Liebman met with Chief of Police Richard Barreto
for the purpose of discussing the current Liquor Control Regulations contained in the Zoning
Ordinance. The Ordinance now exempts businesses holding a LAPS License (licenses to sell beer
and wine coolers only; packaged to-go for off-premises consumption) from the prohibition on
selling beer for off-premises consumption after the existing hours of restriction, which are from
8:00 a.m. through 12 midnight. Most filling stations and convenience stores hold the ZAPS
License and,therefore,have been able to sell beer after the 12:00 restriction. It was concluded that
this negates the intent of the Zoning Ordinance.
The issue was further reviewed by the Police Department legal advisor, Martha Diaz-Perez, who
has indicated that the City can impose hours of sale restrictions on ZAPS License holders by
amending Section 12-3 of the Zoning Ordinance. This is based on State Statute 562.45, which
gives the power and right of the City to enact an Ordinance regulating the hours of business.
Subsequently,the Office of the City Attorney has drafted the subject amendment to the Ordinance
which removes the exemption from hours of sale restrictions for LAPS License holders, and
restricts the hours during which these establishments may sell beer or wine to between 8:00 a.m.
through 10:00 p.m.. The amendment was referred to the Planning Board by the City Commission
on March 18, 1998, at the request of Commissioner Liebman.
AGENDA ITEM '`S'
DATE n —1 5-9g
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The Planning Board held a public hearing on May 26, 1998,and voted 6-0,to recommend approval
of the proposed Ordinance, as recommended by staff.
On June 17, 1998,the Ordinance was approved on first reading (7-0), inclusive of a modification
which would allow the Police Department to enforce the provisions of the Ordinance as second
degree misdemeanors, provided for in State Statutes.
ANALYSIS
Currently, the Ordinance exempts vendors licensed by the Division of Alcoholic Beverages and
Tobacco of the Department of Business Regulations of the State of Florida from the regulations in
Section 12-1 and 12-2. By adding the proposed language to Section 12-3,Exemption,these vendors
would no longer be exempt from Section 12-1.C, Hours of Operation. The result will be that those
vendors holding these licenses will be subject to the restrictions on hours of operation contained
within the Ordinance.
Regarding the sales of Beer and Wine in sealed containers for off-premises consumption, the
Ordinance currently restricts sales by retail stores, including grocery and convenience stores, to the
hours between 8:00 a.m.through 12 midnight. The amendment under consideration would limit the
hours of sale to between 8:00 a.m.through 10:00 p.m. It would add gasoline service stations to the
list of establishments affected by this restriction,thereby clarifying the intent of the ordinance. The
amendment would also restrict off-premises package sales by Restaurants, Bars,Nightclubs, and all
other Alcoholic Beverage Establishments to the same hours of between the hours of 8:00 a.m. and
10:00 p.m.
Restricting the hours of sale of alcoholic beverages for off-premises consumption to between the
hours of 8:00 a.m. and 10:00 p.m. would help to address the problems the City has been
experiencing regarding drinking in public at night. The ability of persons to buy packaged alcoholic
beverages at retail stores such as convenience stores and gasoline stations between the hours of 10:00
p.m. to midnight has encouraged drinking in the public rights-of-way and in vehicles. By restricting
the hours of sale, and eliminating the loophole allowing for exemptions,the City can help to curb
this unwanted behavior.
The Police Department will be able to enforce violations of these revised provisions as
misdemeanors.
CONCLUSION
Based on the foregoing, the Administration recommends that the City Commission adopt the
proposed Ordinance on second reading, as it would close a loophole which, heretofore, has allowed
certain sellers of alcoholic beverages to be exempt from portions of the Zoning Ordinance relating
to hours of sale for such beverages. The proposal would effectively eliminate off-premises retail
sales after 10:00 p.m. in Miami Beach,thereby hopefully reducing the incidence of late night public
drinking.
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