Ordinance 2019-4234ORDINANCE NO.
2019 -4234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC
BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6 -3
THEREOF, ENTITLED "HOURS OF SALE /VIOLATIONS," TO AMEND
THE HOURS OF PACKAGE SALES OF ALCOHOLIC BEVERAGES
(WHICH INCLUDE SALES OF ALCOHOL FOR OFF - PREMISES
CONSUMPTION) IN SPECIFIED AREAS OF THE CITY; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ( "City ") regulates the location, size, hours of
operation, and minimum patron age for uses that permit the sale and consumption of alcoholic
beverages in Chapter 6 of the City Code, entitled "Alcoholic Beverages "; and
WHEREAS, on October 31, 2017, the Mayor and City Commission adopted Ordinance
No. 2017 - 4151, amending the hours of package sales of alcoholic beverages in the MXE district
and in the adjoining CD -2 commercial, medium intensity district, to terminate package liquor
sales at 8 :00 p.m. each day; and
WHEREAS, the Mayor and City Commission have determined that it is in the best
interest of the City, and it serves the health, safety, and welfare of the City's residents and
visitors, to prohibit package sales of alcoholic beverages (which include sales of alcohol for off -
premises consumption) after 8:00 p.m. each day, in the CPS -2 commercial performance
standard, general mixed use district, between the east side of Euclid Avenue and the west side
of Collins Avenue, from 4th Street to 6th Street; and
WHEREAS, this Ordinance strikes a balance between (i) the public safety concerns
associated with the sale of alcoholic beverages; (ii) the convenience of the City's residents and
visitors who desire to purchase alcoholic beverages, as well as the economic vitality of the
City's retail stores; and (iii) the City's interest in enforcing uniform regulations throughout a
particular neighborhood, including the adjoining entertainment and commercial districts to the
north of the area subject to this Ordinance; and
WHEREAS, State law expressly grants the City the authority to establish its own
regulations for the time for sale of alcoholic or intoxicating beverages; and
WHEREAS, pursuant to Section 562.14, Florida Statutes, a municipality may, by
ordinance, establish hours of sale for alcoholic beverages; and
WHEREAS, Florida courts have rejected equal protection and due process challenges to
Section 562.14, Florida Statutes (See Wednesday Night, Inc. v. City of Fort Lauderdale (Fla.
1973)); and
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WHEREAS, Florida Courts have determined that it is within the police power and
authority for a municipality to change the hours of regulation of alcoholic beverages, because
municipalities have the statutory authority under Section 562.14, Florida Statutes, to restrict the
sale of alcohol; additionally, a municipal ordinance regulating the hours of sale of alcoholic
beverages may be applied to a property incorporated later into the municipality by annexation.
Village of North Palm Beach v. S & H Foster's, Inc., 80 So. 3d 433 (Fla. 4th DCA 2012); and
WHEREAS, in State ex rel. Floyd v. Noel (Fla. 1936), the Florida Supreme Court
recognized that "[i]t is so well settled that no citation of authority is required to support the
statement that a municipality exercising the powers inherent in municipal corporations may
reasonably regulate the sale of intoxicating liquors and in providing such reasonable regulations
may prohibit the sale of such liquors within certain hours, and also may prohibit the sale of
liquors within certain zones "; and
WHEREAS, the Florida Attorney General has opined that a municipality may regulate (1)
the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3) the
sanitary conditions under which alcoholic beverages may be dispensed or served to the public.
Florida AGO 059 -73 (1959); and
WHEREAS, in fact, the Florida Attorney General has opined that different hours may be
provided for in a municipal ordinance, provided there is reasonable relation to the health, safety,
and morals of the community. Op. Att'y Gen. Fla., p. 497 (1950); and
WHEREAS, Florida courts have consistently held that alcoholic beverage
establishments are not entitled to grandfather status as to hours of sale for alcoholic beverages
(See Village of North Palm Beach v. S & H Foster's, Inc. (Fla. 4th DCA 2012); Other Place of
Miami, Inc. v. City of Hialeah Gardens (Fla. 3d DCA 1978)); and
WHEREAS, injunctive relief is not available against the enforcement of a municipal
ordinance regulating the time at which alcoholic beverages may be sold, because municipalities
have the statutory authority to set times for sale of alcoholic beverages. Id.; Playpen S., Inc. v.
City of Oakland Park, 396 So. 2d 830 (Fla. 4th DCA 1981); and
WHEREAS, Florida Courts have ruled that hours of operation are not a property right. S.
Daytona Rests., Inc. v. City of S. Daytona, 186 So. 2d 78 (Fla. 1st DCA 1966); and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
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," of Article I, of Chapter 6, of the City
Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 6
ALCOHOLIC BEVERAGES
ARTICLE I. In General
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Sec. 6 -3, Hours of sale /violations.
(a) The hours of sale of alcoholic beverages, whether as a permitted main or accessory use,
shall require a state license, and shall be according to the following schedule:
(1) Retail stores for package sales only— Off - premises consumption. Vendors may make
sales of alcohol only for off - premises consumption between the hours of 8:00 a.m. and
midnight.
A. Notwithstanding subsection (a)(1), vendors located in the following locations may
make sales of alcohol only for off - premises consumption between the hours of
10:00 a.m. and 8:00 p.m.:
i. MXE mixed use entertainment district;;
ii. that portion of the CD -2 commercial, medium intensity district adjoining thc MXE
district along between Pennsylvania Avenue and Collins
Court, between from 5th Street and to 16th Street;;
iii. and that portion of the CD -2 district adjoining the MXE district along the east
side of Collins Avenue (between 73rd and 75th Streets);, and
iv. that portion of the CPS -2, commercial performance standard, general mixed
use district, between the east side of Euclid Avenue and the west
side of Collins Avenue, from 4th Street to 6th Street. may make sales of alcohol
only for off premises consumption between thc hours of 10:00 a.m. and 8:00 p.m.
(2) Retail stores, including grocery, convenience stores, and gasoline service /filling
stations. Retail stores, including grocery, convenience stores, and gasoline
service /filling stations, which primarily offer for sale products other than alcoholic
beverages may only make sales of beer and wine only for off - premises consumption
between the hours of 8:00 a.m. and midnight.
A. Notwithstanding subsection (a)(2), retail stores, including grocery, convenience
stores, and gasoline service /filling stations,
which primarily
offer for sale products other than alcoholic beverages, may only make sales of
beer and wine only between the hours of 10:00 a.m. and 8:00 p.m. in the following
locations:
i. MXE mixed use entertainment district;
ii. that portion of the CD -2 commercial, medium intensity district between
Penns Ivania Avenue and
16th Street;
iii. that portion of the CD -2 district adjoining the MXE district along the east side of
Collins Avenue (between 73rd and 75th Streets); and
iv. that portion of the CPS -2, commercial performance standard, general mixed
use district, between the east side of Euclid Avenue and 0€,ean–Galetist the west
side of Collins Avenue, from 4th Street to 6th Street.
Collins Court from 5th Street to
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(4) Off - premises package sales by alcoholic beverage establishments. Off - premises
package sales associated with alcoholic beverage establishments other than retail
stores shall be permitted between the hours of 8:00 a.m. and midnight.
A. Notwithstanding subsection (a)(4), off - premises package sales associated with
alcoholic beverage establishments, other than retail stores,
medium intensity district adjoining the MXE district along Washington Avenue,
between 5th Street and 16th Street, and that portion of the CD 2 district ajoining
Streets) shall be permitted only between the hours of 10:00 a.m. and 8:00 p.m. in
the following locations:
i. MXE mixed use entertainment district;
ii. that portion of the CD -2 commercial, medium intensity district between
Penns Ivania Avenue and _ _ -' - - _ - -- - - -_ - _ _ Collins Court from 5th Street to
16th Street;
iii. that portion of the CD -2 district adjoining the MXE district along the east side of
Collins Avenue (between 73rd and 75th Streets); and
iv. that portion of the CPS -2, commercial performance standard, general mixed
use district, between the east side of Euclid Avenue and Ocean eu t the west
side of Collins Avenue, from 4th Street to 6th Street.
SECTION 2. 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
re- lettered to accomplish such intention, and, the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith 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.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this t day of leeccielf , 2018.
ATTEST:
Dan Gelber
Rafael Granado Mayor
City Clerk
(Sponsored by Commissioner Michael Gongora)
Underline denotes new language
Strikethrough denotes removed language
Double underline denotes language added after First Reading
des_otos language removed after First Reading
AP*" co. co. . )
AS TO
GUAGE
ECUTION
ity Attorney
F:\ATTO \KALN \ORDINANCES \Section 6 -3 - Package liquor sales - CPS -2 - 2nd reading.docx
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Date
MIAMI BEACH
Ordinances - R5 E
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: January 16, 2019
10:20 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC BEVERAGES,"
ARTICLE I, ENTITLED "IN GENERAL," SECTION 6 -3 THEREOF, ENTITLED
"HOURS OF SALENIOLATIONS," TO AMEND THE HOURS OF PACKAGE
SALES OF ALCOHOLIC BEVERAGES (WHICH INCLUDE SALES OF
ALCOHOL FOR OFF - PREMISES CONSUMPTION) IN SPECIFIED AREAS
OF THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
ANALYSIS
Pursuant to the request of Commissioner Michael G®ngora, the attached Ordinance has been
placed on the January 16, 2019 City Commission meeting agenda for Second Reading /Public
Hearing.
On October 31, 2017, the Mayor and City Commission adopted Ordinance No. 2017 - 4151,
amending the hours of package sales of alcoholic beverages in the MXE mixed use
entertainment district and in the adjoining CD -2 commercial, medium intensity district, to
terminate package sales in the subject areas at 8:00 p.m. each day.
On September 26, 2018, and as sponsored by Commissioner Gongora, the
Neighborhood /Community Affairs Committee ( "NCAC ") recommended changing the
termination time from midnight to 8:00 p.m. for package liquor sales in a portion of the CPS -2
Commercial Performance Standard, General Mixed Use district abutting the MXE and CD -2
districts.
The attached Ordinance amends City Code Section 6 -3, entitled "Hours of sale /violations," to
amend the hours of package sales of alcoholic beverages (which include sales of alcohol for
off - premises consumption) in the CPS -2 district, between the east side of Euclid Avenue and
the west side of Collins Avenue, from 4th Street to 6th Street. As to the subject area, the
Ordinance changes the commencement time for package liquor sales to 10:00 a.m., and
Page 880 of 1648
changes the termination time for package liquor sales to 8:00 p.m. The Ordinance also includes
minor clarifications to existing provisions in Section 6 -3.
FINANCIAL INFORMATION
This Ordinance is expected to have no more than a nominal impact on the City's resources.
Legislative Tracking
Office of the City Attorney
Sponsor
Vice -Mayor Michael Gongora
ATTACHMENTS:
Description
0 2nd Rdg, Ch. 6 Hours of Package Liquor Sales (Gongora)
Page 881 of 1648