RESOLUTION 90-19883 RESOLUTION NO. 90-19883
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC
HEARING TO CONSIDER A NEGATIVE RECOMMENDATION
OF THE PLANNING BOARD ON AN AMENDMENT TO
ORDINANCE NO. 89-2665, THE SAME BEING THE
COMPREHENSIVE ZONING ORDINANCE, BY ADDITION OF
REGULATIONS PERTAINING TO TOTAL NUDITY, SEXUAL
CONDUCT, AND PARTIAL NUDITY IN ALCOHOLIC
BEVERAGE ESTABLISHMENTS.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, THAT,
WHEREAS, the Planning Board of the City of Miami Beach
held a public hearing on January 15 and 16, 1990 and made a
negative recommendation on an ordinance prohibiting Total Nudity
and Sexual Conduct in Alcoholic Beverage Establishments and
restricting the locations of Alcoholic Beverage Establishments
which permit Partial Nudity;
WHEREAS, said action of the Planning Board has been duly
transmitted to the City Commission pursuant to Section 14 , entitled
"Changes and Amendments" of Zoning Ordinance No. 89-2665.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public
hearing for consideration of the aforementioned amendment to the
Zoning Ordinance is hereby called to be held before the City
Commission in its chambers on the Third Floor of City Hall, 1700
Convention Center Drive, Miami Beach, Florida, beginning at
5:00 P.M. on February 7, 1990 ; and the City Clerk is
hereby authorized and directed to publish appropriate Public Notice
of said Public Hearing to be published in a newspaper of general
circulation of the City of Miami Beach, at which time and place all
interested parties will be heard.
PASSED and ADOPTED this 17th day of January, 1990.
VICE-MAYOR
ATTEST:
CITY CLERK _' E":1":i3k17,11!'liEitiT
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
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COMMISSION MEMORANDUM NO. 1 i 1.1-20
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DATE: JAN. 17 , 1990
TO: Mayor Alex Dao • and
Members of e City Com ► ss+e n f
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W ins '•�����•�
F ROM•. Rob . Pa 1
City Manager er .2A
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SUBJECT: RESOLUTIO CALLING A PUBLIC HEARING TO CONSIDER A
PLANNING BOARD RECOMMENDATION, (A NEGATIVE
RECOMMENDATION, 5 VOTES NEEDED TO APPROVE) AN AMENDMENT
TO ZONING ORDINANCE 89-2665 BY THE ADDITION OF
REGULATIONS PERTAINING TO TOTAL NUDITY, SEXUAL CONDUCT,
AND PARTIAL NUDITY IN ALCOHOLIC BEVERAGE ESTABLISHMENTS
BACKGROUND
On January 3 , 1990, the City Commission approved (6-0) on first
reading an Ordinance amending the City Code to prohibit total
nudity and sexual conduct in alcoholic beverage establishments.
It permits partial nudity (pasties and G-strings) in alcoholic
beverage establishments provided that certain mandatory criteria
are met.
The City Code amendment does not provide for distance separations
from schools, residential areas, similar adult oriented
establishments, or for exemptions for hotels because these types
of controls may only be included in the Zoning Ordinance.
Similarly, the City Code amendment only addresses nude bars and not
other adult uses because locational restrictions governing adult
motion picture theaters and bookstores must also be included in the
Zoning Ordinance.
PLANNING BOARD ACTIONS
On January 15 and 16, 1990, the Planning Board held two public
hearings and considered two separate Zoning Ordinance amendments -
one Ordinance restricts the location of nude bars while the other
Ordinance pertains to all other forms of adult entertainment
(movies, bookstores, peep shows) .
Prior to the public hearing, one of the members (James Silvers)
determined he may have a conflict of interest and left the meeting.
As such, six of the seven members were present throughout the
entire meeting. As set forth in the Zoning Ordinance, in order for
a motion to receive an affirmative recommendation from the Planning
Board, it is necessary that five votes be cast in favor of a
motion. If a motion receives four of the six votes, it fails to
pass. This is the same situation where the Board of Adjustment
requires four of five votes in order to approve a variance.
The attached Ordinance, which only received four votes in favor
and two against, was not recommended by the Planning Board. The
four votes in favor were cast by Norman Frank, Stephen Hertz , Keith
Kovens, and Ralph Mizrahi. The two dissenting votes were cast by
Joy Alschuler and Neisen Kasdin. The dissenters voted against the
Ordinance because 1) it allowed partial nudity in alcoholic
beverage establishments in the Redevelopment Area, and; 2) the
AGENDA 7 _
ITEM
DATE I — I--) —Cli 0
Ordinance did not expand the 300 ft. to 400 ft. separation from a
school , place of worship, park and playground from alcoholic
beverage establishments that have partial nudity.
A motion to expand the separation between schools and nude bars
from 300 ft. to 400 ft. failed four to two. Similarly, a motion
to prohibit partial nudity in alcoholic beverage establishments in
the Redevelopment Area failed on a vote of four votes in favor and
2 against. A motion to measure the distance separation from
residential districts as opposed to residential uses failed 3-3 .
As required in the Zoning Ordinance, the Planning Board' s
recommendation, which is not to approve the attached Ordinance,
(four to approve - two to deny) is hereby transmitted to the City
Commission for purposes of setting public hearing dates.
SUMMARY OF THE ORDINANCE
The basic concepts included in the proposed ordinance are as
follows:
1 . Follows intent of the City Code Ordinance approved on 1st
reading on 1/3/90 regarding partial and total nudity and
sexual conduct.
2 . Prohibits all total nudity/sexual conduct in alcoholic
beverage establishments. Allows performers to exhibit partial
nudity with a G-string covering cleft of the buttocks and
pubic area and pasties covering the areola if the
establishments meet distance separation requirements.
Distance separation will include a minimum distance of 300 ft.
from land used for residential purposes, house of worship,
school, public park or playground; 1000 ft. distance
separation from another adult entertainment establishment.
3 . Allows partial nudity in alcoholic beverage establishments
anywhere in the Redevelopment Area, provided that they meet
the above distance separation requirements.
4 . Grandfathers-in existing establishments for Partial Nudity
only.
5. Exempts hotels of a minimum size (250 units) from distance
separation requirements.
6. Provides for variances from Zoning Board of Adjustment for
distance separation requirements.
7 . Provides for penalties in City Code (fines, imprisonment) and
in Zoning Ordinance (Code Enforcement Board fines) .
8 . Establishes the following mandatory requirements for alcoholic
beverage establishments which have partial nudity.
a. Minimum building size - 8 , 000 sq. ft.
b. No less than 250 seats.
c. Full service restaurant and kitchen on site offering a
complete menu during the operating hours of the club.
d. Parking requirement (1 space per 3 seats all of which
shall be located on site) .
e. No exterior signage describing or depicting the
activities taking place within the premises.
ADMINISTRATIVE RECOMMENDATION
The Administration recommends that the City Commission adopt a
resolution calling a public hearing on the attached Ordinance.
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Attachment
Commisn\nude
ORIGINAL
RESOLUTION NO. 90-19883
Calling a public hearing to consider a
negative recommendation of the Planning
Board on an amendment to Ordinance No.
89-2665, the same being the Comprehensive
Zoning Ordinance, by addition of regula-
tions pertaining to total nudity, sexual
conduct, and partial nudity in alcoholic
beverag eestablishments.