Ordinance 2020-4333ORDINANCE NO. 2020-4333
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
BEVERA GES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
AMENDING SECTION 6-3 TH ERE OF, ENTITLED "HOURS OF
SALENIOLATIONS," TO PROHIBIT THE SALE AND/OR SERVING OF ANY
ALCOHOLIC BEVERAGE(S) BEYOND 3 A.M., FOR A DEFINED PERIOD OF
TIME IN THE MONTH OF MARCH, BY ANY ALCOHOLIC BEVERAGE
ESTABLISHMENT LOCATED IN THE MXE MIXED USE ENTERTAINMENT
DISTRICT (EXCLUDING THAT PORTION OF THE MXE DISTRICT LOCATED
BETWE EN 73 AND 75 STREET S), OR THAT PORTION OF TH E CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT LOCATED BETWEEN
PENNSYLV ANIA AVENUE AND COL LINS COURT, FROM 5"" STRE ET TO
16TH STREET; AN D PROVIDING FOR RE PEAL ER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, State law expressly grants the City of Miami Beach with the legal authority to
establish its own regulations for the setting of times for the sale of alcoholic or intoxicating beverages;
and
WHEREAS, the City is legally permitted to establish these hours of sale for alcoholic
beverages pursuant to Section 562.14 of the Florida Statutes; and
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, based upon experience from past years, the City Administration has determined
that, during the month of March, a substantial influx of visitors and tourists descend upon the City to
partake in Spring Break; and
WHEREAS, due to the celebratory nature of Spring Break, these visitors and tourists (many of
whom are college students or other college-aged individuals) engage in the prolonged consumption of
alcohol and other alcoholic or intoxicating beverages at alcoholic beverage establishments primarily
located in the MXE mixed use entertainment district and/or that portion of the CD-2 commercial,
medium intensity district between Pennsylvania Avenue and Collins Court, from 5" Street to 16
Street; and
WHEREAS, this celebratory and party-like atmosphere results in the excessive consumption
of alcohol, which creates volatile and dangerous situations throughout the City, which directly lead to
criminal activity, disorderly conduct, undesirable noise, and/or other quality of life offenses; and
WHEREAS, the Police Department is dedicated to the protection of the City and all of its
residents, visitors and businesses; and
WHEREAS, the City Administration and Police Department have determined that it is in the
best interest of the City, and serves to protect the health, safety and welfare of the City's residents
and visitors, to limit alcohol sales and service at alcoholic beverage establishments located in the
M XE mi xed use ent ertai nm ent district (excl udi ng th at porti on of th e M XE district located betw een 73°
and 75" Stre ets ) and th at porti on of th e CD -2 comm er ci al , m edi um int en sity district betw een
Pennsyl vania Aven ue and Collins Court, from 5" Stre et to 16" Stre et, during th e princi pa l period of
Spring Break each year; and
WHEREAS, the Police Department and City Administration desire that the Mayor and City
Commission restrict the sale and/or service of alcoholic and intoxicating beverages in the early
morning hours during Spring Break, which prohibition shall be in effect during a defined period of time
(and certain hours) in the month of March, in the aforementioned MXE and CD-2 areas of the City;
and
WHEREAS, the Police Department and City Administration believe that this Ordinance directly
addresses, and appropriately balances, those public safety concerns associated with the sale of
alcoholic beverages, and the convenience of the City's residents and visitors who desire to purchase
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
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. Atty 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
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W HEREAS, 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 Police Department and the City Administration request that the Mayor and
City Commission require those alcoholic beverages establishments located in the MXE mixed use
entertainment district (excluding that portion of the MXE district located between 73"° and 75" Streets)
and/or that portion of the CD-2 commercial, medium intensity district between Pennsylvania Avenue
and Collins Court, from 5" Street to 16" Street, to cease the sale and/or service of all alcoholic and
intoxicating beverages during the early morning hours for a defined period of time in the month of
March; and
WHEREAS, the Police Department has determined that the implementation of such restriction
will ameliorate a portion of that behavior and conduct, exhibited by intoxicated individuals on Spring
Break, which implicates and threatens the safety, security and welfare of the City's residents, visitors
and businesses; and
WHEREAS, on February 12, 2020, the City Commission adopted the proposed Ordinance at
first reading after agreeing to amend the period of time during which the sale and/or serving of
alcoholic beverages (by those alcoholic beverages establishments within the affected area) shall be
prohibited, as follows: i.) reducing the prohibited hours of sale from 2 a.m.-8 a.m. to 3 a.m.-8 a.m.;
ii.) modifying the commencement date by shifting from the first Friday in the month of March to the
second Wednesday in the month of March; iii.) minimizing the duration of such prohibition by
reducing the total number of impacted days from 18 to 13; and iv.) including a provision to provide
that the Ordinance shall automatically sunset, and will be deemed repealed on March 24, 2020; and
WHEREAS, on February 26, 2020, at second and final reading, following a duly-noticed public
hearing and after hearing extensive comment from the public, various stakeholders, and those
businesses located within the affected area, the City Commission agreed to amend the Ordinance (as
adopted on first reading) by determining that the period of time during which alcoholic beverage sales
shall by prohibited (by those impacted alcoholic beverage establishments) will commence on March
13, 2020 and shall conclude on March 19, 2020, and that the Ordinance shall automatically sunset,
and will be deemed repealed, on March 19, 2020; 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:
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(1) R etai l stores fo r package sales only-O ff-prem ises consum ption. V endors m ay m ake sales
of alcohol only fo r off-prem ises consum ption betw een the hours of 8:00 a.m . and m idnight.
A. N otw ithstanding subsection (a)(1 ), vendors located in the M X E m ixed use entert ainm ent
district, that port ion of the C D -2 com m ercial m edium intensity district adjoining the M X E
district along W ashington Avenue betw een 5th S treet and 16th Street, and that port ion of
the C D -2 district adjoining the M X E district along the east side of C ollins A venue
(betw een 73rd and 75th S treets) m ay m ake sales of alcohol only fo r off-prem ises
consum ption betw een the hours of 10:00 a.m . and 8:00 p.m .
(2) R etail stores, including grocery, convenience stores, and gasoline service/filling stations.
R etail stores, including grocery, convenience stores, and gasoline service/filling stations,
w h ic h p r im a r ily o ff e r fo r s a le p ro d u c ts o th e r th a n a lc o h o lic beverages m ay only m ake sales of
b e e r and w ine only fo r off-prem ises consum ption betw een the hours of 8:00 a.m . and
m idnight.
A. Notw ithstanding subsection (a)(2), retail stores, including grocery, convenience stores,
and gasoline service/fi lling stations, that are located in the M X E m ixed use entertainm ent
d is t ric t, th a t p o rt io n o f th e C D -2 c o m m ercial m edium intensity district adjoining the M X E
d is t ric t a lo n g W a s h in g to n A v e n u e , b e tw e e n 5 t h S t re e t a n d 1 6 t h S tr e e t , a n d th a t p o rt io n
o f th e C D -2 d is t ric t a d jo in in g th e M X E d is tr ic t a lo n g th e e a s t s id e o f C ollins Avenue
(b e tw e e n 7 3 r d a n d 7 5 t h S t re e ts ), a n d w h ic h p r im a r ily o ff e r fo r s a le p ro d u c ts o t h e r th a n
a lc o h o lic b e v e r a g e s m a y o n ly m a k e s a le s o f b e e r a n d w in e o n ly b e tw e e n th e h o u r s o f
1 0 :0 0 a .m . a n d 8 :0 0 p .m .
(3 ) A lc o h o lic b e v e r a g e e s ta b lis h m e n ts . A ll a lc o h o lic b e v e r a g e e s ta b lis h m e n ts w it h s ta te
lic e n s u r e -O n -p r e m is e s c o n s u m p tio n o n ly , m a y m a k e s a le s o f a lc o h o l b e tw e e n th e h o u r s o f
8 :0 0 a .m . a n d 5 :0 0 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.
B. Restaurants a/so 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 cates. 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.
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Note: For purposes of this section, full kitchen facilities shall mean having com m ercial grade
burn ers, ovens, and refrigeration units of sufficient size and quantity to accom m odate the
occupancy content of the establishm ent. Full kitchen facilities m ust contain grease trap
interceptors, and meet all applicable city, county, and state codes.
(4) Off-premises package sales by alcoholic beverage establishm ents. Off-prem ises package
sales associated with alcoholic beverage establishm ents other than retail stores shall be
perm itted 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
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.;
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B. If deemed reasonably necessary by the police chief, or the police chiefs designee, off-
d u ty p o lic e o ff ic e rs must be pro vided at the alcoholic beverage establishment until 7:00
a .m .;
C . T h e re a re n o p e n d in g c ity C o d e v io la tio n s a g a in s t th e a lc oholic beverage establishment
and the alcoholic beverage establishment has not had more than one adjudicated city
C o d e v io la tio n p e r y e a r w ith in th e p rio r 2 4 m o n th s : notwithstanding the foregoing, the
co n d itio n s in th is su b s e c tio n (6 )C . m a y b e w a iv e d b y a fo u r-s e v e n th s v o te o f th e c ity
co m m is s io n ;
D . N o d e lin q u e n t o r p a s t d u e m o n ie s a re o w e d to th e c ity ;
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.
(8) Enhanced Security Requirement for Alcoholic Beverage Establishments. Each alcoholic
beverage establishment located on Ocean Drive, between 5" Street and 15" Street,
possessing a license to sell and/or serve alcoholic beverages until 5 a.m. ("Alcohol License"),
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:
i. 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.
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B. Two immediately abutting and adjacent 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.
D. The Police Chief, or designee, shall present, on a quarterly basis for the first year
subsequent to the enactment of subsection (a)(8), pertinent statistical and crime data
info rmation 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.
(9) The city manager may suspend the provisions of subsection (6) at any time to protect the
public health, safety, or welfare.
(10) Notwithstanding the foregoing subsections (a)(1)- (a)(9). the sale and/or serving of any
alcoholic beverage(s) shall be prohibited from 23 a_m_ until 8 a_m_, commencing the first
Fridgy in the month gf March13, 2020 and concluding March 19, 2020,gnd continuing for g
perigd gf seventeen (1P) days therefrom , by any alcoho lic beverage establishmen t located_in
the following districts:
A. The MXE mixed use entertainment district, excluding that portion of the MXE district
located betw een 739an d 75"Streets; or
B. That portion of the CD-2 commercial, medium intensity district located between
Pennsylvania_Aven ue and Collins_ Court, from 5 Street to_16 Street_
The provisions in this subsection (1 O) shall automatically sunset, and will be deemed
repealed on March 19, 2020.
(11) Pen alties and enfo rcement.
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;
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.
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v. A sidew alk cate perm ittee that has been issued fo ur or m ore violations pursuant to
this section or section 82-388 w ithin a perm it year shall be pro hibited fr om applying
fo r and obtaining a sidew alk cate perm it fo r a period of tw o perm it years fo llow ing
th e perm it year in w hich the sidew alk cate perm ittee incurred the violations.
B . E n h a n c e d p e n a lty . T h e fo llo w in g e n hanced penalty shall be im posed, in addition to any
m andatory fines set fo rt h in subs ection (10) (11A., 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
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.
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v. A ny part y agg rieved by a de cision of a special m aster m ay appe al that de cisio n to a
court of com petent jurisdiction.
vi. T he specia l m a ster shall be pro hibited fr om hearing the m e rits of the notice of
vio lation or conside ring the tim e liness of a request fo r an adm inistrative he a ring if
the violator has failed to request an adm inistrative hearing w ithin ten days of the
service of the notice of violation.
$ k ¥
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 7
PASSED AND ADOPTED this "é_ day of
day or /harc _, 2020.
February_ _,2020.
7
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(sponsored by Mayor Dan Gelber) 'l sf '. e, ·/
undenne denotes additions Cj51%
Strikethrough denotes deletions••
Double underline denotes additions after first reading
Double striketh rough denotes deletions after first reading
ATTEST:
APPROVED AS TO
FORM & LANGUAGE-
& FOR EXECUTION
?Cel 3-2 -2o2»
a» Date
9
O rd in a n c e s - R S A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: February 26, 2020
5:02 p.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," TO PROHIBIT THE SALE AND/OR SERVING OF ANY
ALCOHOLIC BEVERAGE(S) BEYOND 2 A.M., FOR A DEFINED PERIOD
OF TIME IN THE MONTH OF MARCH, BY ANY ALCOHOLIC BEVERAGE
ESTABLISHMENT LOCATED IN THE MXE MIXED USE ENTERTAINMENT
DISTRICT (EXCLUDING THAT PORTION OF THE MXE DISTRICT
LOCATED BETWEEN 73RD AND 75TH STREETS), OR THAT PORTION OF
THE CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT LOCATED
BETWEEN PENNSYLVANIA AVENUE AND COLLI NS COURT, FROM 5TH
STREET TO 16TH STREET; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
FINANCIAL INFORMATION
No fiscal impact is expected.
Applicable Area
Not Applicable
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
No
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber
Does this item utilize G.O.
Bond Funds?
No
Page 14 of 75
ATTA C H M EN TS :
Description
2n d Rdg. Memo
2nd Rdg. Ord.
Amen dme nt proposed by Commissioner David Richardson
D Ad
Page 15 of 75
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber
Members of the City C
Jimmy L. Morales, ty
Second Reading
FROM: Raul J. Aguila,
DATE: February 26, 20
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 BEVERA GES," BY AMENDING ARTICLE I, ENTITLED
"IN GENERA L," BY AMENDING SECTION 6-3 THEREOF, ENTITLED
"HOURS OF SALEN IOLA TIONS," TO PROHIBIT THE SALE AND/OR
SERVING OF ANY ALCOHOLIC BEVERA GE(S) BEYOND 2 A.M., FOR
A DEFINED PERIOD OF TIME IN THE MONTH OF MARCH, BY ANY
ALCOHOLIC BEVERA GE ESTABLISHMENT LOCATED IN THE MXE
MIXED USE ENTERTAINMENT DISTRICT (EXCLUDING THAT
PORTION OF THE MXE DISTRICT LOCATE D BETW EEN 73AN D 75TH
STREETS), OR THAT PORTION OF TH E CD-2 COM MERCIAL, MEDIUM
INTENSITY DISTRICT LOCATED BETW EEN PENNSYLVANIA AVENUE
AN D COLLINS COURT, FROM 5TH STRE ET TO 16" STRE ET; AND
PROVIDING FOR REPEALER, SEVERA BILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
On February 12, 2020, the City Commission passed the proposed Ordinance (the
"Ordinance"), which is sponsored by Mayor Dan Gelber, at first reading.
However, pursuant to the direction of the Mayor and City Commission, the Ordinance has
been modified for second reading/public hearing, as follows:
1. The alcoholic beverage hours of sale have been amended from 2 a.m. to 3
a.m., thereby only prohibiting the sale of alcoholic beverages (by those
impacted alcoholic beverage establishments) between the hours of 3:00 a.m.
and 8:00 a.m. during that period of time specified below and set forth within the
Ordinance.
2. The defined period of time in the month of March (in which such prohibition on
the sale of alcoholic beverages shall be applicable) has been altered and
Page 16 of 75
reduced from the first Friday in M arch and continuing fo r a period of seventeen
(17) days therefro m , to the second W ednesday in the m onth of M arch and
continuing fo r a period of tw elv e (12) days therefrom .
3 . The pro visions of the pro posed O rdinance, as described herein and fully set
fo rt h in S e ct i on 6 -3 (1 0 ) o f th e C ity C o d e , s h a ll a u to m a t ic a ll y sunset, and will be
d e e m e d re p e a le d o n M a rc h 2 4 , 2 0 2 0 .
T h e re fo re , th e O rd in a n c e , if p a s s e d a n d a d o p te d (a s m o d ifi e d) by the M ayor and City
Com m ission, would pro hibit the sale and/or serv ing of any alc oholic beverage(s) beyond
3 a.m ., com m encing the second W ednesday in M arch and continuing fo r a period of
tw elve (12) days therefrom , by those alcoholic beverage establishm ents located in the
M X E m ixed use entertainm ent district (excluding that portion of the M X E district located
b etw een 734 and 75 Stre ets), or located in th at porti on of th e CD-2 comm er ci al , m edium
intensity district betw een Penn sylvania Aven ue and Collins Court, from 5" Street to 16
Street, during the year 2020.
As previously set forth in the Commission Memorandum surrounding this Ordinance
(remitted prior to first reading), the City of Miami Beach (the "City") is legally permitted to
establish appropriate hours for the sale of alcoholic beverages, pursuant to Section
562.14 of the Florida Statutes, which expressly grants the City the legal authority to
establish its own regulations for the setting of times for the sale of alcoholic or intoxicating
beverages. Accordingly, in Chapter 6 of the City Code, entitled "Alcoholic Beverages,"
the City has regulated the location, size, hours of operation, and minimum patron age for
those business activities that permit the sale and consumption of alcoholic beverages
throughout the City.
The City Administration has determined that during the month of March, there is a
substantial influx of visitors and tourists that descend upon the City to partake in a plethora
of Spring Break festivities. Moreover, due to the celebratory nature of Spring Break, these
visitors and tourists (many of whom are college students or other college-aged
individuals) engage in the prolonged consumption of alcohol and other alcoholic or
intoxicating beverages at those alcoholic beverage establishments primarily located in
the MXE mixed use entertainment district or that portion of the CD-2 commercial, medium
intensity district between Pennsylvania Avenue and Collins Court, from 5th Street to 16th
Street.
The celebratory and party-like atmosphere of Spring Break results in the excessive
consumption of alcohol by those individuals involved, and creates volatile and dangerous
situation(s) throughout the City, which directly leads to criminal activity, disorderly
conduct, undesirable noise, and/or other quality of life offenses.
The City Administration and the Police Department, which is dedicated to the protection
of the City and all of its residents, visitors and businesses, has determined that it is in the
best interests of the City, and serves to protect the health, safety and welfare of the City's
residents and visitors, to limit alcohol sales and/or serving of alcohol at those alcoholic
2
Page 17 of 75
beverage establishments located in the MXE mixed use entertainment district ( excluding
that portion of the MXE district located between 73rd and 75th Streets) or those alcoholic
beverage establishments located in that portion of the CD-2 comm erci al, medium
intensity district located between Pennsylvania Avenue and Collins Court, from 5th Street
to 16th Street, during the primary Spring Break period in March of each year.
The Police Department and the City Administration desire to restrict the sale and/or
serving of alcoholic beverages during Spring Break, which prohibition shall be in effect
between the hours of 3:00 a.m. and 8:00 a.m., commencing the second Wednesday in
the month of March and continuing for a period of twelve (12) days therefrom, in the
aforementioned MXE and CD-2 areas of the City.
Furthermore, the Police Department and City Administration believe that the Ordinance
directly addresses, and appropriately balances, those public safety concerns associated
with the sale and excessive consumption of alcoholic beverages, and the convenience of
the City's residents and visitors who desire to purchase alcoholic beverages. Equally
important, the Police Department has determined that the implementation of such
Ordinance will ameliorate a portion of that behavior and conduct, that is traditionally
exhibited by intoxicated individuals, which implicates and threatens the safety, security
and welfare of the City's residents, visitors and businesses.
As such, the Police Department and the City Administration have requested that the
Mayor and City Commission adopt this amendment to Section 6-3 of the City Code to
require those alcoholic beverage establishments located in the MXE mixed use
entertainment district ( excluding that portion of the MXE district located betw een 73rd and
75th Streets) or that portion of the CD-2 comm er ci al, medium intensity district located
between Pennsylvania Avenue and Collins Court, from 5th Street to 16th Street, to cease
the sale and/or serving of all alcoholic beverages at 3 a.m., commencing the second
Wednesday in the month of March and continuing for a period of twelve ( 12) days
therefrom.
Therefore, upon consideration at second reading/public hearing, the City Administration
recommends that the Mayor and City Commission adopt the Ordinance in order to aid
and ensure the health, safety and welfare of all persons who visit the City and its alcoholic
beverage establishments during this Spring Break period in 2020.
3
Page 18 of 75
R0A£In[ [\/} \ '\¡{}. f {
[ Hy qty[h.
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY
To:
cc:
From:
Date:
Subject:
COMMISSION MEMORANDUM
Mayor Dan Gelber
Members of the City Commission
Jimmy Morales, City Manager
Rafael Granado, City Clerk
so»s so. a Ao_?-Q,l
February 26, 2020
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 SALE/VIOLATIONS," TO PROHIBIT THE
SALE AND/OR SERVING OF ANY ALCOHOLIC BEVERAGE(S) BEYOND 2 A.M.,
FOR A DEFINED PERIOD OF TIME IN THE MONTH OF MARCH, BY ANY
ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED IN THE MXE MIXED USE
ENTERTAINMENT DISTRICT (EXCLUDING THAT PORTION OF THE MXE
DISTRICT LOCATED BETWEEN 73RD AND 75TH STREETS), OR THAT
PORTION OF THE CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
LOCATED BETWEEN PENNSYLVANIA AVENUE AND COLLINS COURT, FROM
5TH STREET TO 16TH STREET; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
DRAFT AMENDMENT PROPOSED BY COMMISSIONER DAVID RICHARDSON
The below draft amendment to the above-titled Ordinance has been prepared at the
request of Commissioner David Richardson.
The current draft of the Ordinance, as approved by the City Commission at First
Reading on February 12, 2020, provides that the hours of sale for alcoholic beverages
in specified portions of the MXE and CD-2 districts shall be restricted for a period of
thirteen days, commencing on the second Wednesday in March. The provisions of the
Ordinance shall automatically sunset on March 24, 2020.
I hereby propose that the City Commission amend the draft Ordinance, as more
particularly set forth below, to provide that the Ordinance may instead sunset on March
19, 2020, upon a finding by the City Manager that, during the thirteen-day period in the
month of March, there have been no significant public safety incidents in the affected
districts, including without limitation criminal incidents, public nuisances, or other public
disturbances.
Page 28 of 75
S e c ti o n 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:
* * *
(10) Notwithstanding the foregoing subsections (a)(1)- (a)9), the sale and/or
serving of any alcoholic beverage(s) shall be prohibited from 23a_m un til
8a.m., commen cing the first Friday second Wednesday in the month of
March and continuing for a period of seventeen (AP) twelve (12) days
therefrom, by any alcoholic beverage establishment located in the
following districts:
A. The MXE mixed use entertainment district, excluding that portion of the
MXE district located between739 and 75" Streets; or
B. That portion of the CD-2 commercial, medium intensity district located
between Pennsylvania_Avenue and Collins_ Court, from 5" Street to 16
Street.
The provisions in this subsection (1 O) shall automatically sunset. and will be
deemed repealed on March 24, 2020. Notwithstanding the preceding
sentence, should the city manager (i) determine, in the manager's
reasonable discretion, that during the pe riod of time defined above, there
have been no significant public safety incidents in the affected districts,
including without limitation criminal incidents, public nuisances, or other
public disturbances. and (ii} report such determination to the city
commission at a regularly scheduled city commission meeting or, in the
event there is no regularly scheduled meeting during the defined period of
time, transmit such determination to the city commission via letter to
commission ("LTC"), then the provisions in this subsection (1O) shall
automatically sunset and will be deemed repealed on March 19, 2020,
2
Page 29 of 75
SUNOAY FEBRUARY 9 2020
MIAMIHÉRALD (OM NEIGHBORS I 13NE
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
FEBRUARY 26, 2020
NOTICE IS HEREBY given that the following public hearings will be heard by the Mayor and City Commissioners of the City of Miami Beach,
Florida, in the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 26, 2020, at
the times listed, or as soon thereafter as the matter can be heard:
5:01.p,m, Public Hearing
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A REVISED PRELIMINARY
REPORT SET FORTH AS AN EXHIBIT TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, CONCERNING
A FINDING OF NECESSITY FOR THE REDEVELOPMENT OF A CERTAIN GEOGRAPHIC AREA LOCATED WITHIN THE CITY OF MIAMI
BEACH, DESCRIBED GENERALLY AS BEING BOUNDED ROUGHLY BY 87TH TERRACE TO THE NORTH, 65TH STREET TO THE SOUTH,
THE ATLANTIC OCEAN TO THE EAST, AND RUE NOTRE DAME TO THE WEST, AS SHOWN ON THE MAP SET FORTH IN "EXHIBIT A"
HERETO, AND REQUESTING MIAMI-DADE COUNTY TO DECLARE SAID AREA AS A BLIGHTED AREA AND DELEGATE REDEVELOPMENT
POWERS TO THE CITY OF MIAMI BEACH IN ACCORDANCE WITH PART Ill OF CHAPTER 163, FLORIDA STATUTES, SO AS TO PERMIT
THE CITY OF MIAMI BEACH TO ESTABLISH A COMMUNITY REDEVELOPMENT AGENCY FOR THE AFORESAID AREA. This R eso lutio n is
b e ing he a rd p u rsu an t to S ec tio n $16 6.0 4 1 F.S . In q u irie s m ay be directed to th e E co n o m ic D e velop m e n t D e p a rtm e n t at 30 5.6 7 3.7 5 7 7
5:02 p.m . Second Readi ng Pu blic Hearing
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 SALE/VIOLATIONS," TO PROHIBIT THE SALE AND/OR
SERVING OF ANY ALCOHOLIC BEVERAGE(S) BEYOND 2 A.M., FOR A DEFINED PERIOD OF TIME IN THE MONTH OF MARCH, BY ANY
ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED IN THE MXE MIXED USE ENTERTAINMENT DISTRICT (EXCLUDING THAT PORTION
OF THE MXE DISTRICT LOCATED BETWEEN 73RD AND 75TH STREETS), OR THAT PORTION OF THE CD-2 COMMERCIAL, MEDIUM
INTENSITY DISTRICT LOCATED BETWEEN PENNSYLVANIA AVENUE AND COLLINS COURT, FROM 5TH STREET TO 16TH STREET; AND
PROVIDING FOR REPEALER, SEVERABILIT Y, CODIFICATION, AND AN EFFECTIVE DATE. Th is O rdin a n c e is b ei n g he a rd p u rsu ant to S e ct io n
2 .0 5 of the C ity C h a rt e r an d § 16 6.0 4 1 F S . In q u irie s m ay be d irec te d to the O ffic e of the C ity A tt orn e y at 30 5 .6 7 3 .74 7 0 .
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, 1 •1 Floor, City Hall, Miami Beach, Florida 33139. Copies of these
items are available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1"Floor,
City Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances, additional legal
notice need not be provided.
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.
To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with
disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and
select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service).
Rafael E. Granado, City Clerk
City of Miami Beach
Ad 02262020-01
Page 30 of 75