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2003-3403 OrdinanceORDINANCE NO. 2003-3403 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 "ALCOHOLIC BEVERAGES," BY AMENDING SECTION 6-3 "HOURS OF SALE," BY EXTENDING THE HOURS FOR THE SALE OF BEER AND WINE FOR CONSUMPTION OFF THE PREMISES FROM 11:00 P.M. TO 12 MIDNIGHT; BY AMENDING SECTION 6-4 "LOCATION AND USE RESTRICTIONS," TO CLARIFY THE RESTRICTION OF SALES OF ALCOHOLIC BEVERAGES IN FILLING STATIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Code of the City of Miami Beach contains regulations addressing the hours of operation of alcoholic beverage establishments; and WHEREAS, the City Commission deems it advisable to revise the regulations regarding hours of operation for package sale of beer and wine for consumption off the premises in order to extend the hours that these establishments may remain open; and WHEREAS, the location and use restrictions for the sale of alcoholic beverages should be clarified in the Code. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 6-3, entitled "Hours of Sale," is hereby amended as follows: 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 11:0O p.m. midnight on any day of the week. (2) Retail stores, including grocery and convenience stores, and gasoline service/filling 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 ! ! :00 p.m. midnight on any day of the week. (3) Off-premises package sales shall be permitted between the hours of 8:00 a.m. and !!:00 p.m. midnight, for all establishments licensed as alcoholic beverage establishments. Section 2, That Section 6-4, entitled "Location and Use Restrictions," is amended as follows: (a) Generally. The following location and use restrictions are applicable for facilities selling or offering alcoholic beverages for consumption: (4) Filling station. No ~ liquor shall be sold or offered for consumption iR on or off the premises of any filling station. Section 3. Repealer All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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. 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 work "ordinance" may be changed to "section," "article," or other appropriate word. Section 6. Effective Date This ordinance shall take effect 10 days after adoption. Passed and adopted this 19th day of March, 2003. ATTEST: CITY CLERK First Reading: 2/25/03 Second Reading: 3/19/03 Underscore denotes new language F:\PLAN\$PLB~raff ordinances\1597 Alcoholic sales ext. hrs.doc MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION . -- CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: wine for consumption off the premises and clarifying the restriction of sales of alcoholic beverages in filling An Ordinance amending Chapter 6 "Alcoholic Beverages," by extending the hours the sale of beer and stations. Issue: Should the City Commission extend the hours of sale of beer and wine from 11 p.m. to midnight? Item Summary/Recommendation: Extending the hours for the sale of beer and wine to midnight on any day of the week and adding "filling" station to this section, as "filling station" is defined in the City Code as "any establishment that sells, distributes or pumps fuels for motor vehicles," which in essence means a gas service station. The Administration recommends that the City Commission accept the Planning Board's recommendation that the hours for the sale of beer and wine for off-premise consumption not be extended, but to approve the sections of the ordinance dealing with the clarifying language. Advisory Board Recommendation: members were not persuaded that the change is necessary. The Planning Board voted 6-0 (one member absent) to recommend that the existing hours remain, as the Financial Information: Funds: ;; t; Finance Dept. ; Total City Clerk's Office Legislative Tracking: I Mercy Lamazares/Jorge G. Gomez - Planning Department n-Offs: Department DiCector T:~AGENDA't2003\mar1903~regular~1597 beer & wine 2nd rdg 3-19 sum.doc CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl,gov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Date: March 19, 2003 Jorge M. Gonzalez ~, ,~-----" City Manager Extending the hours for the sale of beer and wine Second Readin.q Public Hearing AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 "ALCOHOLIC BEVERAGES," BY AMENDING SECTION 6-3 "HOURS OF SALE," BY EXTENDING THE HOURS FOR THE SALE OF BEER AND WINE FOR CONSUMPTION OFF THE PREMISES FROM 11:00 P.M. TO 12 MIDNIGHT; BY AMENDING SECTION 6-4 "LOCATION AND USE RESTRICTIONS," TO CLARIFY THE RESTRICTION OF SALES OF ALCOHOLIC BEVERAGES IN FILLING STATIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission accept the Planning Board's recommendation that the hours for the sale of beer and wine for off-premise consumption not be extended, but to approve the sections of the ordinance dealing with the clarifying language. BACKGROUND This amendment to the City Code stems from a request made by several commercial establishments to extend the hours that beer and wine could be sold from the existing 11:00 p.m. to 12 midnight, for a period of time from December 20, 2002 to January 3, 2003. During the discussions held by the City Commission during the meeting of December 11, 2002, the Administration was directed to bring back an ordinance authorizing a permanent change to the hours. The Administration assigned the drafting of the ordinance to the Planning Department, and although this amendment does not affect the land development regulations of the City Code, the Administration requested the input of the Planning Board, as it would be very useful to the Commission in reviewing this proposed amendment. HISTORY In 1998, concerned about problems the City had been experiencing regarding drinking in public at night, the City Commission restricted 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., adding Commission Memorandum March 19, 2003 Second Reading - Extended hours for sale of beer & wine Page 2 of 3 gasoline service stations to the list of establishments affected by this restriction. The premise behind the restriction was to address the ability of people who would buy packaged alcoholic beverages at retail stores between the hours of 10:00 p.m. and midnight, which was thought to encourage drinking in the public rights-of-way or in vehicles, and in this way curb this unwanted behavior. In December 2000, the Commission re-visited the hours of operation for the sale of beer and wine for consumption off-premises and the restrictions these hours placed on the small businesses of the City. At that time, Police Chief Richard Barreto reported to the Commission that the adoption of the ordinance restricting the hours of sale, aided by the adoption of the under-21 ordinance, whereby persons under the age of 21 are not allowed to patronize, visit or loiter in any alcoholic beverage establishment, had been instrumental in addressing the problems that existed prior to the adoption of those ordinances. On January 10, 2001 the Commission approved an ordinance that slightly liberalized the hours of sale to between 8:00 a.m. through 11:00 p.m. ANALYSIS The proposed ordinance consists of the following: Section 1. In Section 6-3, "Hours of Sale," the hours have been extended to midnight on any day of the week. In addition, "filling" station has been added to this section, as "filling station" is defined in the City Code as "any establishment that sells, distributes or pumps fuels for motor vehicles," and in essence this means a gas service station. Section 2. An amendment to Section 6-4, entitled "Location and Use Restrictions," clarifies that liquor can be sold in any filling station. The Code Compliance and Police Departments conducted a series of inspections from December 2002 to January 2003. The purpose of the inspections was to determine what impact, if any, the extension of time from 11:00 p.m. to midnight had on the surrounding area. Code Compliance focused their inspections of gas stations located on 5th Street, markets located on Washington Avenue, and convenience stores/gas stations located on Alton Road, between the hours of 11:00 p.m. and midnight. Code Compliance reported that few sales of alcoholic beverages occurred during the extra hour of operation, and the sales that occurred were limited to a single beer or a bottle of wine. The Department also reported that gas stations and convenience stores sold mostly to patrons in cars or an occasional homeless person. The markets on Washington Avenue did not gave a large volume of alcohol sales and the sales were made to walk-in patrons, limited to single cans of beer. It should be noted that Code Compliance is continuing to monitor the alcoholic beverage sales and is compiling statistics to determine what are the peak hours, who is buying and what type of sales - single beer, 6-pack, etc. According to a report from the Police Department, the increase in disturbance calls in 2002 vs. 2001, for the same one-hour period of time stated above is so small that it is not Commission Memorandum March 19, 2003 Second Reading—Extended hours for sale of beer& wine Page 3 of 3 statistically significant; however, looking at the entire year, there has been an increase in DUI arrests in 2002 vs. 2001 (691 vs. 540). PLANNING BOARD ACTION The Administration presented this proposed ordinance to the Planning Board at its January 28, 2003 meeting. The Board heard testimony from the public, and of special interest was an item presented by Mr. Jeff Donnelly,who requested that any kind of amendment related to the sale of alcoholic beverages, should also consider requesting establishments to participate in programs to prevent underage drinking. Ultimately the Board voted 6-0 (one member absent)to recommend that the existing hours remain, as the members were not persuaded that the change is necessary. They were concerned that by extending the hours,the City would be confronted with similar problems as in the past, such as drinking in the streets, unruly behavior underage drunkenness, etc. The Board stated that there should be a balance between the needs of the residents and the needs of the commercial interests. The Board supported the changes suggested in order to clarify the language of the existing regulations and also the request made by Mr. Donnelly. COMMISSION ACTION At the February 26, 2003 meeting, the Commission approved the ordinance on first reading. The Commission did not find compelling testimony from the Police Department that there has been any negative effect to the temporary extension granted to these establishments since December 2002. CONCLUSION There appears to be no real need to extend the hours of sale of alcoholic beverages beyond the current 11:00 p.m. limit, as very few sales occurred in the two-month period when the time was extended an extra hour. The potential for problems increases with no real benefit to the community at-large. The Administration concurs with the Planning Board's conclusion that the hours for the sale of beer and wine for off-premise consumption should not be extended. The Planning Board, as the City's local planning agency acts as a cross section of the community. They have concluded that there is no compelling argument to justify the extension of hours that alcoholic beverages may be sold. Pursuant to Section 2.05 of the City Code,this proposed ordinance may be read by title or in full, on at least two separate dates and shall be noticed in a newspaper of general circulation at lest ten days prior to adoption. JMG/CMC/JGG/ML T:\AGENDA\2003\mar1903\regular\1597 beer&wine 2nd rdg 3-19.doc ].F. DONNELLY HISTORIAN 915 3efferson Avenue 3#C Miami Beach, FL 33139 305-532-1441 (V) 305-672-9288 (F) jeffdonn@aol.com (E) January 25, 2003 To: Members of the Planning Board From: ].F. Donnelly Re: File# 1597: Ordinance extending the hours of sale The ordinance restricting the hours of sale for consumption off premises was adopted for a variety of reasons, but one reason interests me more than any other: it should be the policy of the City of Miami Beach to discourage the use of alcohol by underage persons. The many small outlets that would take advantage of this extension of hours are the most difficult for the City of Miami Beach Police and the State of Florida enforcement personnel to monitor. I request that the Planning Board return l~his ordinance to staff and the appropriate Commission committee to consider making any outlet that wishes to extend its hours demonstrate that they support and participate in a prevention program designed to reduce purchases of alcohol by under age persons. One such prevention program is sponsored by the Century Council, an organization sponsored by distillers and others w th an interest in reducing the use of alcohol by underage pers0ns~These prevention programs, through training and self-policing, have gone~ong way in other communities to reduce the use of alcohol by underage persons-: The City of Miami Beach has shown the way to the rest of South Florida on many controversial issues involving safety and human rights. I ask this Board to give the City a chance to take the lead in this matter as well. It should be the policy of the City of Miami beach to reduce the use of alcohol by underage persons. Sincerely yours, .1.F. Donnelly Cops in Shops Page 1 of 2 Funded by Americ,t's leading di.~tillers Cops in Shops® Quicktime Video (1.9MB) Stopping youngsters from trying to buy alcohol has long been a problem for concerned retailers. Now there's a unique partnership between retailers and law enforcement that h, elps stop illegal underage alcohol purchases and prevent adults from purchasing for kids. The Century Council's Cops in Shops ® program brings law enforcement officials and retailers together in the fight against underage purchasing of beverage alcohol for minors. Plainclothes police officers pose in retail outlets to foil underage purchasers and adults who attempt to buy alcohol for youths. If caught, offenders find themselves talking to a police officer about losing their license, going to court, paying fines, and maybe going to jail. Posters, outdoor billboards, and other public service messages warn youth and adults that the program has been implemented in their community. In addition to providing instruction manuals and training videos to officers and retailers The Council's program includes a strong public awareness campaign. The risk of getting caught is always present. Police departments in over 40 states around the country (from Santa Ana, ' California to New Bedford, Massachusetts have implemented the program. College and university police departments have also found the Cops in Shops (R) program to be an effective tool in their fight to stop underage drinking on campus. Legislation and Enforc~ Underage Drinking Stat Results http://centurycouncil.org/under_age/ret ail/cops-cfm 1/25/03 Cops in Shops Page 2 of 2 Results Cops in Shops rates a "10" in both arrests and deterrence. In 15 states using Cops in Shops, a survey by the National Association of Governors' Highway Safety Representatives found that "The program is very effective at the local level in increasing public awareness and perception of the risk of arrests.. ·. on a scale of 1 to 10 the [Alcoholic Beverage Control] agents rated it as a 10 we have witnessed many suspected violators notice the signs and leave the premises [without attempting to purchase]." In Indiana, during 950 hours when police were staffing retail stores, 333 arrests were made, leading to 474 charges being filed. Of these, 50 were against adults caught trying to buy alcohol for minors. For more information about Cops in Shops, click here. http : / /century council, o rg/under_agedretail/ cops. cfm 1/25/03 The Herald's Arts section on Sundays highlights local entertainment for 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 Florida, on Wednesday, March 19, 2003, at the times listed below to consider the following on first reading: at 11:30 a.m.: AN ORDINANCE CHANGING THE DATE FOR A CITY OF MIAMI BEACH RUN-OFF ELECTION NOVEMBER 11, 2003 TO TUESDAY, NOVEMBER 18, 2003; PROVIDING FOR REPEALER, ~ CODIFICATION, AND AN EFFECTIVE DATE. Inquiries may be directed to the Legal Department at (305) 673-7470. at 11:35 a.m.: AN ORDINANCE AMENDING CHAPTER 118 "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING DIVISION 2, "PLANNING BOARD," SECTION 118-53, "COMPOSITION;" AMENDING DIVISION 3, "DESIGN REVIEW BOARD," SECTION 118-72, "MEMBERSHIP;" AMENDING DIVISION 4, "HISTORIC PRESERVATION BOARD," SECTION. 118-104 "APPOINTMENT," IN ORDER TO CLARIFY EXISTING LANGUAGE AND CHANGE THE VOTING REQUIREMENT FOR CITY COMMISSION APPOINTMENT OF BOARD MEMBERS TO A 4/7THS VOTE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE .et 2:00 p.m.: AN ORDINANCE AMENDING CHAPTER 6 "ALCOHOLIC BEVERAGES," BY AMENDING SECTION 6-3 "HOURS OF SALE," BY EXTENDING THE HOURS FOR THE SALE OF BEER AND WINE FOR CONSUMPTION OFF THE PREMISES FROM 11:00 P.M. TO 12 MIDNIGHT', BY AMENDING SECTION 6-4 "LOCATION AND USE RESTRICTIONS,"-TO CLARIFY THE RESTRICTION OF SALES OF ALCOHOLIC BEVERAGES IN FILLING STATIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Inquiries may be directed to the Planning Department at (305) 673-7550. ALL INTERESTED 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, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances 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, Flo~da 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 e pers6n 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 pefficipate in this proceeding, or to request information on access for persons with disabilities, or to request this publication in accessible format, or to request sign language interpreters, should contact the City Clerk's office at (305) 673-7411, no later than four days prior to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service numbem, (800) 955-8771 (TRY) or (800) 955-8770 (VOICE).