Ordinance 2020-4329 ORDINANCE NO. 2020-4329
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, FLORIDA, ENTITLED "ALCOHOLIC
BEVERAGES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
AMENDING SECTION 6-3 THEREOF, ENTITLED "HOURS OF
SALENIOLATIONS," BY REQUIRING THOSE ALCOHOLIC BEVERAGE
ESTABLISHMENTS LOCATED ON OCEAN DRIVE, BETWEEN 5TH STREET
AND 15TH STREET, POSSESSING A LICENSE TO SELL AND/OR SERVE
ALCOHOLIC BEVERAGES IN THE CITY UNTIL 5 A.M. ("ALCOHOL
LICENSE"), AND SELLING AND/OR SERVING ALCOHOLIC BEVERAGES
LATER THAN 12 A.M., TO RETAIN THE SERVICES OF AN OFF-DUTY
POLICE OFFICER, FROM 12 A.M. UNTIL THIRTY (30) MINUTES PAST
THE CLOSING OF THE ALCOHOLIC BEVERAGE ESTABLISHMENT, ON
SATURDAYS AND SUNDAYS AND, DURING HOLIDAY WEEKENDS OR
CITY-SPONSORED EVENTS, ON SATURDAY, SUNDAY, AND MONDAY;
ESTABLISHING EXCEPTIONS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS,-the City regulates the location, size, hours of operation, and minimum patron age
for those uses which permit the sale and consumption of alcoholic beverages in Chapter 6 of the City
Code, entitled "Alcoholic Beverages"; and
WHEREAS, various alcoholic beverage establishments permitted to sell or serve alcoholic
beverages until 5:00 a.m. are located on Ocean Drive, between 5th and 15th Streets; and
WHEREAS, the prolonged consumption of liquor, and other alcoholic or intoxicating
beverages, may create volatile and potentially dangerous behavior and situations which directly lead
to criminal activity, disorderly conduct, undesirable noise, and/or various quality of life offenses; and
WHEREAS, calls for service to the Miami Beach Police Department are typically most
pervasive and prevalent on Ocean Drive, between 5th and 15th Streets, after 12 a.m. and into the early
morning hours; and
WHEREAS, the Police Department is dedicated to the protection of the City and all of its
residents, visitors and businesses; and
WHEREAS, the Police Department and the City Administration have requested that the City
require those alcoholic beverages establishments located on Ocean Drive, between 5th and 15th
Streets, possessing a 5 a.m. Alcohol License, and selling and/or serving alcoholic beverages later
than 12 a.m., to retain the services of an off-duty police officer, from 12 a.m. until thirty (30) minutes
past the closing of the alcoholic beverage establishment, on all Saturdays and Sundays, and during
holiday weekends or City-sponsored events, on Saturday, Sunday, and Monday; and
WHEREAS, the Police Department has determined that the presence of an off-duty police
officer at those alcoholic beverage establishments selling or serving alcoholic beverages later than 12
a.m. will ameliorate a portion of that behavior and conduct, exhibited by intoxicated individuals, which
implicates and threatens the safety, security and welfare of the City's residents, visitors and
businesses; 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, AS FOLLOWS:
SECTION 1. That those Sections of the City's Alcoholic Beverages Ordinance, as such Ordinance is
codified in Section 6-3 of the City Code, be amended as follows and as hereinafter set forth below:
CHAPTER 6
ALCOHOLIC BEVERAGES
ARTICLE I. IN GENERAL
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 MXE mixed use entertainment
district, that portion of the CD-2 commercial medium intensity district adjoining the MXE
district along Washington Avenue between 5th Street and 16th Street, and that portion of
the CD-2 district adjoining the MXE district along the east side of Collins Avenue
(between 73rd and 75th Streets) may make sales of alcohol only for off-premises
consumption between the 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, that are located in the MXE mixed use entertainment
district, that portion of the CD-2 commercial medium intensity district adjoining the MXE
district along Washington Avenue, between 5th Street and 16th Street, 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 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.
(3) Alcoholic beverage establishments. All alcoholic beverage establishments with state
licensure—On-premises consumption only, may make sales of alcohol between the hours of
8:00 a.m. and 5:00 a.m.
A. Restaurants not operating as dance halls or entertainment establishments. Restaurants
with full kitchen facilities, serving full meals, licensed as alcoholic beverage
establishments, but not operating as dance halls or entertainment establishments, may
remain open 24 hours a day; however, alcoholic beverages may not be offered for sale
or on-premises consumption between the hours of 5:00 a.m. and 8:00 a.m.
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B. Restaurants also operating as dance halls or entertainment establishments. Restaurants
with full kitchen facilities, serving full meals, licensed as alcoholic beverage
establishments, and also operating as dance halls, or entertainment establishments,
may remain open 24 hours a day; however, alcoholic beverages may not be offered for
sale or on-premises consumption between the hours of 5:00 a.m. and 8:00 a.m., and
dancing and entertainment shall not be conducted between the hours of 5:00 a.m. and
8:00 a.m.
C. Other alcoholic beverage establishments. Other alcoholic beverage establishments, not
containing restaurants with full kitchen facilities, shall close at 5:00 a.m. and remain
closed. No patron or other persons, other than those employed by the vendor may
remain on the premises between the hours of 5:00 a.m. and 8:00 a.m.
D. Sidewalk cafes. Notwithstanding the provisions of subsections (3)A. through C.,
alcoholic beverages shall not be offered for sale or consumption at sidewalk cafes, as
defined in section 82-366 of this Code and as otherwise permitted by the city in
accordance with chapter 82, article IV, division 5, subdivision II of this Code (as may be
amended from time to time), between the hours of 1:30 a.m. and 8:00 a.m., and shall not
be consumed at sidewalk cafes between the hours of 2:00 a.m. and 8:00 a.m. No
variances may be granted from the provisions of this subsection 6-3(3)(d) as to the
hours of sale or consumption of alcoholic beverages at sidewalk cafes.
Note: For purposes of this section, full kitchen facilities shall mean having commercial grade
burners, ovens, and refrigeration units of sufficient size and quantity to accommodate the
occupancy content of the establishment. Full kitchen facilities must contain grease trap
interceptors, and meet all applicable city, county, and state codes.
(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, that are located in the MXE mixed use
entertainment district, that portion of the CD-2 commercial, medium intensity district
adjoining the MXE district along Washington Avenue, between 5th Street and 16th
Street, and that portion of the CD-2 district adjoining the MXE district along the east side
of Collins Avenue (between 73rd and 75th Streets) shall be permitted only between the
hours of 10:00 a.m. and 8:00 p.m.
(5) Private clubs. Consideration of a request for a private club conditional use permit, including
the hours of operation, shall be pursuant to the conditional use procedures and review
guidelines as listed in section 118-191, et seq. A private club, either as a permitted main or
accessory use, shall only offer alcoholic beverages for sale or on-premises consumption if
the private club, in accordance with subsection 6-2(a), secures a license for the distribution
or sale of any alcoholic beverages from the division of alcoholic beverages and tobacco of
the department of business and professional regulation of the state. Private clubs licensed as
alcoholic beverage establishments, either as permitted main or accessory uses, shall, only
offer alcoholic beverages for sale or on-premises consumption between the hours of 8:00
a.m. and 5:00 a.m., on any day of the week, provided that service is made only to members
and guests of members pursuant to Florida Statutes. However, any private club permitted to
remain open after 2:00 a.m. shall purchase an extra-hours license and must provide for
security in its premises by hiring private security guards or off-duty police officers between
the hours of 2:00 a.m. and 5:00 a.m. each day.
Private clubs securing a license from the state division of alcoholic beverages and tobacco
by complying with the requirements of F.S. § 561.20 for racquetball, tennis, or golf course
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facilities may admit members at any time for use of such facilities, but may not serve
alcoholic beverages after 2:00 a.m. each day unless such private club is the holder of an
extra-hours license and complies with the above requirements.
(6) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to remain
open to serve alcoholic beverages for on-premises consumption until 5:00 a.m. may continue
to serve alcoholic beverages for on-premises consumption and, if the alcoholic beverage
establishment is located on Ocean Drive between 5th Street and 15th Street, for
consumption at the establishment's sidewalk cafe (i) until 7:00 a.m. on January 1 (New
Year's Day) or, if January 1 is on a Sunday, until 7:00 a.m. on Monday if the day that is
observed as a national holiday for New Year's Day is on Monday, and (ii) until 7:00 a.m.
during certain major event days or weekends as may be designated by the city commission
or as may be designated by the city manager following approval by the city commission,
under the following conditions:
A. The police department and the code compliance department of the city must be notified
by a letter, received no later than 15 business days prior to either: 1. January 1, or 2. the
day on which alcohol sales are to be extended, stating that the alcoholic beverage
establishment intends to serve alcoholic beverages for on-premises consumption and, if
the alcoholic beverage establishment is located on Ocean Drive between 5th Street and
15th Street, for consumption at the establishment's sidewalk cafe until 7:00 a.m.;
B. If deemed reasonably necessary by the police chief, or the police chief's designee, off-
duty police officers must be provided at the alcoholic beverage establishment until 7:00
a.m.;
C. There are no pending city Code violations against the alcoholic beverage establishment
and the alcoholic beverage establishment has not had more than one adjudicated city
Code violation per year within the prior 24 months: notwithstanding the foregoing, the
conditions in this subsection (6)C. may be waived by a four-sevenths vote of the city
commission;
D. No delinquent or past due monies are owed to the city;
E. Outdoor entertainment or open-air entertainment is not allowed;
F. No violation of the city's noise ordinance shall be permitted;
G. No violation of the approved fire code occupancy load shall be permitted;
H. All required city permits and licenses are current;
I. The state license is current; and
J. The alcoholic beverage establishment has been in continuous operation for the prior 24
months in the city, is licensed as an alcoholic beverage establishment set forth in
subsections (3) and (5), and is permitted to serve alcoholic beverages for on-premises
consumption until 5:00 a.m.
K. Any other conditions required by the city manager in order to protect the public health,
safety, or welfare.
(7) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to remain
open to serve alcoholic beverages for on-premises consumption until 5:00 a.m. may continue
to serve alcoholic beverages until 6:00 a.m. on the first day of daylight savings time in the
spring.
a) Enhanced Security Requirement for Alcoholic Beverage Establishments. Each alcoholic
beverage establishment located on Ocean Drive, between 5th Street and 15th Street,
possessing a license to sell and/or serve alcoholic beverages until 5 a.m. ("Alcohol License"),
4
and selling and/or serving alcoholic beverages later than 12 a.m., for on-premises
consumption only, shall retain the services of an off-duty police officer, from 12 a.m. until
thirty (30) minutes past the closing of the alcoholic beverage establishment for: (i) all
Saturdays and Sundays; and (ii) during holiday weekends or City-sponsored events, on
Saturday, Sunday, and Monday.
A. An alcoholic beverage establishment shall be exempt from the requirement identified in
this subsection (8) if:
All bars, and other areas from which alcoholic beverages are dispensed, are
located, in their entirety, within the enclosed premises of a hotel, and such hotel
and alcoholic beverage establishment are both owned by the same individual or
entity; or
ii. All bars, and other areas from which alcoholic beverages are dispensed, are
located, in their entirety, within the enclosed premises of a (i) restaurant with full
kitchen facilities, and (ii) such restaurant serves full meals at all times, and (iii)
such alcoholic beverage establishment closes and ceases all of its business
operations by 2 a.m.
B. Two immediately abutting and adiacent alcoholic beverage establishments may satisfy
the requirement set forth in this subsection (8) by sharing the services of one (1) off-
duty police officer, from 12 a.m. until thirty (30) minutes past the closing of both such
alcoholic beverage establishments, for those days in which alcoholic beverages are
sold or served later than 12 a.m. at such establishments.
C. It shall be an affirmative defense to a violation issued pursuant to subsection (8)
herein, if an alcoholic beverage establishment demonstrates that, solely due to the
unavailability of any qualified police officer, such alcoholic beverage establishment was
unable to retain the services of an off-duty police officer.
a The Police Chief or desi•nee shall •resent on a •uarterl basis for the first ear
subsequent to the enactment of subsection (a)(8), pertinent statistical and crime data
information regarding the implementation and efficacy of this subsection(a)(8) in order
to permit the Mayor and City Commission to review and evaluate the continued viability
of these enhanced security requirements, and to explore any expansion of the
geographic area identified therein.
()(8) The city manager may suspend the provisions of subsection (6) at any time to protect the
public health, safety, or welfare.
10 9) Penalties and enforcement.
A. The following penalties shall be imposed for a violation of this section:
i. The penalty for the first violation by a person or entity within a 12-month period shall
be a civil fine of$1,000.00;
ii. The penalty for the second violation by a person or entity within a 12-month period
shall be a civil fine of$5,000.00;
iii. The penalty for the third violation by a person or entity within a 12-month period
shall be a civil fine of$10,000.00;
5
iv. Upon a finding by the special master that four or more violations by a person or
entity have occurred within a 12-month period, the city may initiate proceedings to
revoke the certificate of use, business tax receipt, or certificate of occupancy of the
violator.
v. A sidewalk cafe permittee that has been issued four or more violations pursuant to
this section or section 82-388 within a permit year shall be prohibited from applying
for and obtaining a sidewalk cafe permit for a period of two permit years following
the permit year in which the sidewalk cafe permittee incurred the violations.
B. Enhanced penalty. The following enhanced penalty shall be imposed, in addition to any
mandatory fines set forth in subsection (9)(10)A., above, for violations of this section:
i. The sale of alcoholic beverages in violation of this section must be immediately
terminated, upon confirmation by the code compliance department that a violation
has occurred.
C. Enforcement. The code compliance department shall enforce this section. This shall not
preclude other law enforcement agencies or regulatory bodies from any action to assure
compliance with this section and all applicable laws. If a code compliance officer (which,
as defined in section 70-66, includes a police officer) finds a violation of this section
(which shall include confirmation from the Police Department's Off-Duty Office prior to
the issuance of any notice of violation pursuant to subsection (8) herein), the code
compliance officer shall issue a notice of violation in the manner prescribed in chapter 30
of this Code. The notice shall inform the violator of the nature of the violation, amount of
fine for which the violator is liable, instructions and due date for paying the fine, that the
violation may be appealed by requesting an administrative hearing before a special
master within ten days after service of the notice of violation, and that the failure to
appeal the violation within ten days of service shall constitute an admission of the
violation and a waiver of the right to a hearing.
D. Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal;
appeals from decisions of the special master.
i. A violator who has been served with a notice of violation must elect to either:
a. Pay the civil fine in the manner indicated on the notice of violation; or
b. Request an administrative hearing before a special master to appeal the notice
of violation, which must be requested within ten days of the service of the notice
of violation.
ii. The procedures for appeal by administrative hearing of the notice of violation shall
be as set forth in sections 30-72 and 30-73 of this Code. Applications for hearings
must be accompanied by a fee as approved by a resolution of the city commission,
which shall be refunded if the named violator prevails in the appeal.
iii. If the named violator, after issuance of the notice of violation, fails to pay the civil
fine, or fails to timely request an administrative hearing before a special master, the
special master may be informed of such failure by report from the officer. The failure
of the named violator to appeal the decision of the officer within the prescribed time
period shall constitute a waiver of the violator's right to an administrative hearing
before the special master, and shall be treated as an admission of the violation for
which fines and penalties shall be assessed accordingly.
iv. A certified copy of an order imposing a fine may be recorded in the public records,
and thereafter shall constitute a lien upon any real or personal property owned by
the violator, which may be enforced in the same manner as a court judgment by the
6
sheriffs of this state, including levy against the violator's real or personal property,
but shall not be deemed to be a court judgment except for enforcement purposes.
On or after the 61st day following the recording of any such lien that remains
unpaid, the city may foreclose or otherwise execute upon the lien.
v. Any party aggrieved by a decision of a special master may appeal that decision to a
court of competent jurisdiction.
vi. The special master shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative hearing if
the violator has failed to request an administrative hearing within ten days of the
service of the notice of violation.
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 Miami
Beach City Code. 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 eV day of Febru4ry , 2020.
PASSED AND ADOPTED this �' day of February 2020.
ATTEST:
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� �'•• ; Dan Gelber, Mayor
/gl�,aZa IN 0RATE:co
�:
Rafael E. Grana/414 o, City Clerk ',;,h;._ --'�=
(Sponsored by Mayor Dan Gelber and co-sponsored by Commissioner Ricky Arriola)
Underline denotes additions
Wigh denotes deletions
Double underline denotes additions after first reading
denotes deletions after first reading
. APPROVED AS TO
'FORM &LANGUAGE:-
&FOR E TION
._ Z'1 _ Za
City Attorney_A Dote
7 jv
Ordinances - R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: February 12, 2020
10:05 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, FLORIDA, ENTITLED "ALCOHOLIC
BEVERAGES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
AMENDING SECTION 6-3 THEREOF, ENTITLED "HOURS OF
SALENIOLATIONS," BY REQUIRING THOSE ALCOHOLIC BEVERAGE
ESTABLISHMENTS LOCATED ON OCEAN DRIVE, BETWEEN 5TH
STREET AND 15TH STREET, POSSESSING A LICENSE TO SELL AND/OR
SERVE ALCOHOLIC BEVERAGES IN THE CITY UNTIL 5 A.M. ("ALCOHOL
LICENSE"), AND SELLING AND/OR SERVING ALCOHOLIC BEVERAGES
LATER THAN 12 A.M., TO RETAIN THE SERVICES OF AN OFF-DUTY
POLICE OFFICER, FROM 12 A.M. UNTIL THIRTY(30) MINUTES PAST THE
CLOSING OF THE ALCOHOLIC BEVERAGE ESTABLISHMENT, ON
SATURDAYS AND SUNDAYS AND, DURING HOLIDAY WEEKENDS OR
CITY-SPONSORED EVENTS, ON SATURDAY, SUNDAY, AND MONDAY;
ESTABLISHING EXCEPTIONS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
Please see Memorandum attached.
Applicable Area
Not Applicable
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber and Co-sponsored by Commissioner Ricky Arriola
Page 501 of 1185
ATTACHMENTS:
Description
❑ Merro
❑ 2nd. Rdg. Ord.
Page 502 of 1185
i I NO EAC H
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florido 33139,wvnv.miamibeochfl,gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber
Members of the City Commission Second Reading
Jimmy L. Morales, City Manager
CFROM: Raul J. Aguila, City Attorney Gam!
DATE: February 12, 2020
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, FLORIDA, ENTITLED
"ALCOHOLIC BEVERAGES," BY AMENDING ARTICLE I, ENTITLED
"IN GENERAL," BY AMENDING SECTION 6-3 THEREOF, ENTITLED
"HOURS OF SALENIOLATIONS," BY REQUIRING THOSE
ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN
DRIVE, BETWEEN 5TH STREET AND 15TH STREET, POSSESSING A
LICENSE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES IN THE
CITY UNTIL 5 A.M. ("ALCOHOL LICENSE"), AND SELLING AND/OR
SERVING ALCOHOLIC BEVERAGES LATER THAN 12 A.M., TO
RETAIN THE SERVICES OF AN OFF-DUTY POLICE OFFICER, FROM
12 A.M. UNTIL THIRTY (30) MINUTES PAST THE CLOSING OF THE
ALCOHOLIC BEVERAGE ESTABLISHMENT, ON SATURDAYS AND
SUNDAYS AND, DURING HOLIDAY WEEKENDS OR CITY-
SPONSORED EVENTS, ON SATURDAY, SUNDAY, AND MONDAY;
ESTABLISHING EXCEPTIONS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
On January 15, 2020, the City Commission adopted the above-reference Ordinance (the
"Ordinance"), which is sponsored by Mayor Dan Gelber and co-sponsored by
Commissioner Ricky Arriola, at first reading.
Prior to first reading, the Ordinance was discussed at the Police Citizens Relations
Committee meeting on December 17, 2019, and was also considered and unanimously
approved by the Finance and Economic Resiliency Committee on January 13, 2020.
Furthermore, City staff met with various Ocean Drive stakeholders and representatives
who, in addition to the recommendations of the Police Citizens Relations Committee and
the Finance and Economic Resiliency Committee, requested the inclusion of certain
modifications to the Ordinance, which are incorporated herein.
Page 503 of 1185
In summary, the City of Miami Beach (the "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." As
such, the City has previously authorized certain alcoholic beverage establishments with
State licensure, for on-premises consumption only, to sell alcoholic beverages between
the hours of 8:00 a.m. and 5:00 a.m.
However, the prolonged consumption of liquor, and other alcoholic or intoxicating
beverages, may create volatile and potentially dangerous behavior and situations which
directly lead to criminal activity, disorderly conduct, undesirable noise, and/or various
quality of life offenses in the City. Moreover, various alcoholic beverage establishments
that sell alcoholic beverages until 5:00 a.m. are located on Ocean Drive between 5th Street
and 15th Street, and calls for service to the Police Department are typically most pervasive
and prevalent on Ocean Drive after midnight and into in the early morning hours during
Saturdays and Sunday(and during those holiday weekends and City-sponsored events).
In that regard, the Police Department has determined that the presence of an off-duty
police officer at those alcoholic beverage establishments serving alcoholic beverages
later than 12 a.m. will ameliorate a portion of that behavior and conduct, exhibited by
intoxicated individuals, which implicates and threatens the safety, security and welfare of
the City's residents, visitors, and businesses.
•
The Police Department and the City Administration previously requested adoption of the
Ordinance which, as modified prior to first reading pursuant to those discussions with the
various Ocean Drive stakeholders, requires those alcoholic beverage establishments
located on Ocean Drive, between 5th and 15th Streets, possessing a 5 a.m. Alcohol
License and selling and/or serving alcoholic beverages later than 12 a.m., to retain the
services of an off-duty police officer, from 12 a.m. until thirty(30) minutes past the closing
of the alcoholic beverage establishment for: (i) all Saturdays and Sundays; and (ii) during
holiday weekends or City-sponsored events, on Saturday, Sunday, and Monday.
Moreover, the exemption to the off-duty police officer requirement set forth in the
Ordinance (as specified in Section 6-3(a)(8)) includes:
i.) Alcoholic beverage establishments, whose alcoholic beverage
dispensing areas (bars) are located, in their entirety, within the
enclosed premises of a hotel, if such hotel and alcoholic beverage
establishment are both owned by the same individual or entity; and
ii.) Alcoholic beverage establishments, whose alcoholic beverage
dispensing areas (bars) are located, in their entirety, within the
enclosed premises of a (i) restaurant with full kitchen facilities, and
.(ii) serving full meals at all times; and (iii) if such alcoholic beverage
establishment closes and ceases all of its business operations by 2
a.m.
Page 504 of 1185
The Ordinance remains primarily unchanged from first reading although, pursuant to the
direction of the Mayor and City Commission, a provision has been added for second
reading (as set forth in subsection 8. D.) to specify that the Police Chief, or designee,
shall present, on a quarterly basis for the first year subsequent to the enactment of the
Ordinance, pertinent statistical and crime data information regarding the implementation
and efficacy of subsection(a)(8) in order to permit the Mayor and City Commission to
review and evaluate the continued viability of these enhanced security requirements, and
to explore any expansion of the geographic area identified therein.
Accordingly, the Ordinance has been submitted for second reading/public hearing at the
February 12, 2020 meeting of the City Commission, and it is recommended that the Mayor
and City Commission pass and adopt the Ordinance to aid in ensuring the health, safety
and welfare of all persons who visit iconic Ocean Drive and its alcoholic beverage
establishments.
Page 505 of 1185