Ordinance 2001-3286 ORDINANCE NO. 2001-3286
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
AMENDING THE CODE OF THE CITY OF MIAMI BEACH
BY AMENDING CHAPTER 6 ENTITLED "ALCOHOLIC
BEVERAGES," BY AMENDING SECTION 6-3 ENTITLED
"HOURS OF SALE"BY EXTENDING THE HOURS OF SALE
OF OFF-PREMISES ALCOHOLIC BEVERAGES FROM 10
P.M. TO 11 P.M.; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission deems it advisable to revise the regulations regarding
hours of operation for certain off-premises package sales of alcoholic beverages in order to extend
the hours that establishments which make off-premises package sales may remain open.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 6-3, entitled "Hours of Sale" of Chapter 6, entitled "Alcoholic
Beverages," of the Miami Beach City Code, is amended to read as follows:
CHAPTER 6. ALCOHOLIC BEVERAGES
Sec. 6-3. Hours of Sales
The hours of sale of 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 and 10:00 11:00 p.m. on any day of
the week.
(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. and 10:00 11:00 p.m. on any day of the
week.
(4) Off-premises package sales shall be permitted between the hours of 8:00 a.m. and 10:00
11:00 p.m., for all establishments licensed as alcoholic beverage establishments.
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All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.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 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 5. EFFECTIVE DATE
This Ordinance shall take effect on the 20th day of_January ,2001.
PASSED AND ADOPTED this 10th day of January , 2001.
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MAYOR
ATTEST:
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APPROVED AS TO
CITY CLERK FORM & LANGUAGE
1st reading 12/20/00 & FOR EXECUTION
2nd reading 1/10/01
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F'\ATIYNNRMORDRJANCIALCOHOLHRS
Attorney - --
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.m iam i-beach.fl.us
COMMISSION MEMORANDUM NO. t O—v
TO: Mayor Neisen O. Kasdin and Date: January 10, 2001
Members of the City Commission
FROM Jorge M. Gonzalez ,,./
City Manager "]c SECOND READING PUBLIC HEARING
SUBJECT: AN ORDINANCE O THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6
ENTITLED "ALCOHOLIC BEVERAGES" BY AMENDING SEC. 6-3,
ENTITLED "HOURS OF SALE" FROM THE HOURS OF 8:00 A.M.
THROUGH 10:00 P.M. TO 8:00 A.M. TO 11:00 P.M. FOR ALL VENDORS
LICENSED FOR SUCH SALES.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
On July 15, 1998 the City Commission adopted an amending ordinance that removed the
exemption from hours of sale restrictions for LAPS license (licenses to sell beer and wine coolers
only; packaged to-go for off-premises consumption)holders and restricted the hours during which
these establishments may sell beer or wine to between 8:00 a.m. through 10:00 p.m.
Commissioner Cruz requested that this issue be brought before the City Commission for
discussion, in order to review the hours of operation and the restrictions these hours place on the
small businesses of the city. At the November 29,2000 meeting, Chief Richard Barreto reported
to the Commission that the adoption of the subject amending ordinance, aided by the adoption on
May 10,2000 of an ordinance whereby persons under the age of 21 are not allowed to patronize,
visit, or loiter in any alcoholic beverage establishment, has been instrumental in addressing the
problems that existed prior to the adoption of these ordinances.
At this meeting, Commissioner Cruz made a motion, seconded by Commissioner Bower,to revisit
the hours of operation and extend the closing time to 11:00 p.m.
AGENDA ITEM
DATE l -10 —3 /
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Commission Memorandum
January 10, 2001
Ordinance- Chapter 6 "Alcoholic Beverages"
Page 2
Relative to 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 10:00 p.m. The amendment under consideration would slightly
liberalize the hours of sale to between 8:00 a.m. through 11:00 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 11:00 p.m.
The Police Department will monitor the results of this amendment and will come back to the
Commission with a report in six months. As with the previous amending ordinance, the Police
Department will be able to enforce violations of these revised provisions as misdemeanors.
On December 20, 2000 the City Commission approved the amending Ordinance on first reading.
Based on the foregoing analysis,the Administration recommends that the Commission approve, on
second reading, the proposed amending ordinance.
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T:\AGENDA\2001 VAN1001\REGULAR\1344A-01.WPD
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City •
of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive,
Miami Beach, Florida, on Wednesday, January 10, 2001, at the times listed below, to consider the adoption
of the following ordinances:
at 10:30 a.m.: •
•AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, ARTICLE X, DIVISION 3, ENTITLED
"ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION" BY AMENDING SECTION 118-563 TO CLARIFY, MODIFY
AND EXPAND THE REVIEW PROCEDURES AND STANDARDS FOR STAFF REVIEW OF
CERTIFICATES OF APPROPRIATENESS, BY AMENDING CHAPTER 118, ARTICLE X, DIVISION 4,
ENTITLED "DESIGNATION" BY AMENDING SECTION 118-593 TO AMEND THE TIMEFRAMES FOR
OBTAINING A DEMOLITION PERMIT PURSUANT TO HISTORIC DESIGNATION; PROVIDING FOR
INCLUSION IN THE CITY CODE;PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
at 11:00 a.m.:
AN ORDINANCE AMENDING THE CODE OF CITY OF MIAMI BEACH BY AMENDING CHAPTER 6
ENTITLED"ALCOHOLIC BEVERAGES", BY AMENDING SECTION 6-3 ENTITLED "HOURS OF SALE"
BY EXTENDING THE HOURS OF SALE OF OFF-PREMISES ALCOHOLIC BEVERAGES FROM 10 P.M.
TO 11 P.M.; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
Inquiries may be directed to the Planning Department at (305) 673-7550.
at 11:15 a.m.:
AN ORDINANCE AMENDING THE CODE OF THF CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 6 ENTITLED "ALCOHOLIC BEVERAGES", SECTION 6-5 ENTITLED PATRON AGE
RESTRICTIONS,BY REVISING THE PENALTIES FOR VIOLATIONS OF SECTION 6-5;PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
Inquiries may be directed to the Legal Department at (305) 673-7470.
at 11:30 a.m.:
AN ORDINANCE AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES' SALARY
ORDINANCE, FOR THE CLASSIFICATIONS IN GROUP V, BEING THOSE CLASSIFICATIONS
COVERED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, IN ACCORDANCE
WITH THE NEGOTIATED AGREEMENT, CHANGING THE MINIMUM OF THE RANGES TO REFLECT
THE CURRENT CLASSIFICATION AND PAY SYSTEM, RETROACTIVELY, EFFECTIVE WITH THE
FIRST PAY PERIOD ENDING IN OCTOBER 2000; INCREASING THE MINIMUM AND MAXIMUM OF
THE RANGES IN 2001 AND 2002 IN ACCORDANCE WITH THE CLASSIFICATION AND PAY SYSTEM;
INCREASING THE SALARY OF EACH EMPLOYEE,RETROACTIVELY, BY 2%EF'F'ECTIVE THE FIRST
PAY PERIOD ENDING IN OCTOBER 2000; INCREASING THE' SALARY OF EACH EMPLOYEE
ACCORDING TO THE CONSUMER PRICE INDEX-U (ALL URBAN CONSUMERS) IN 2001 AND 2002
EFFECTIVE WITH THE FIRST PAY PERIOD ENDING IN OCTOBER 2001 AND OCTOBER 2002,
RESPECTIVELY;WITH NO EMPLOYEE TO EXCEED THE MAXIMUM OF THE NEW RANGE AT ANY
TIME; PROVIDING FOR A REPEALER, SEVERABILITY, CODIFICATION AND EFFECTIVE DATES.
Inquiries may be directed to the Human Resources Department at (305) 673-7524.
at 2:00 p.m.:
AN ORDINANCE PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF CABLE
TELEVISION SYSTEMS AND THE APPLICATION, PROCEDURES AND REQUIREMENTS RELATING
TO THE GRANT OF FRANCHISES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND
MAINTENANCE OF CABLE TELEVISION SYSTEMS, EQUIPMENT AND FACILITIES IN, ON,
ACROSS, ABOVE OR THAT IN ANY MANNER WHATSOEVER USE THE CITY'S PUBLIC RIGHTS
OF WAYS AND TO ENSURE THAT USE OF THE CITY'S PUBLIC RIGHTS OF WAY IS IN THE
PUBLIC INTEREST AND IN CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR
CONFLICTS; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING A SAVING
CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
ALL INTERES FED PARTIES 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, do the City Clerk, 1700 Convention Center Drive, 1st
Floor, City Hall, Miami Beach, Florida 33139. Copies of this ordinance are available for public inspection during
normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami
Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice
would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
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.
Please publish Sunday,December 31,2000 Display Ad Miami Herald Beach Neighbors
Ad Number 0003
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