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HomeMy WebLinkAboutOrdinance 2021-4458 ORDINANCE NO.' 2021-4458 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," BY CREATING NEW SUBSECTION (9), WHICH WILL REQUIRE CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS POSSESSING A LICENSE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES IN THE CITY UNTIL 5 A.M. ("ALCOHOL LICENSE"), TO PROVIDE WRITTEN NOTIFICATION TO THE CHIEF OF POLICE OR DESIGNEE REGARDING ANY PROMOTED EVENT OR CONCERT THAT WILL HAVE A LIVE MUSICAL PERFORMANCE OR ENTERTAINMENT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is an internationally renowned tourist destination; and WHEREAS, due to its domestic and international popularity as a resort and entertainment destination, many promoted events or concerts, both authorized by City special event permits and otherwise, occur within the City; and WHEREAS, dance and other entertainment events that take place at alcoholic beverage establishments during peak periods(which periods may include, but are not limited to, New Year's Eve, Super Bowl Weekend, Spring Break, Gay Pride, Memorial Day Weekend, and Fourth of July), along with most other days and weekends throughout the year, attract a tremendous number of visitors to the City; and WHEREAS, throughout the City there are various alcoholic beverage establishments that are legally permitted to sell or serve alcoholic beverages until 5:00 a.m., and have directly promoted live musical events, live entertainment, concerts, or performances ("promoted events"); and WHEREAS, promoted events at alcoholic beverage establishments attract large crowds to the City, challenging the public safety and quality of life in the City's residential neighborhoods; placing an enormous strain upon the City' s resources; and causing numerous law enforcement issues and logistical challenges for the City; and WHEREAS, prior to the commencement of these promoted events, the City's police department works to validate the event and obtain specific information about the promoted event in order to take all necessary measures needed to mitigate potential issues or impacts such as traffic, crowd control, street closures during these time periods; and WHEREAS, promoted events take place throughout a multitude of venues in the entertainment district and other areas of the City nearly every night; and, again, the majority are the:direct result of promoted events that attract a large number of individuals; and WHEREAS, the event promoter industry has been radically transformed over the last decade through the utilization of the internet and other forms of social media, which enable establishments and event promoters to reach masses of people and attract ever-larger crowds to these promoted events; and WHEREAS, promoted events are advertised and marketed on social media to the"college age"and "twenty-something"demographic, but also have the effect of luring and enticing younger, underage patrons; and WHEREAS, the allure of promoted events may also result in facilitating and encouraging illegal behavior such as underage drinking, engaging in disorderly conduct, violating the occupancy limits of these alcoholic beverage establishments, and other conduct and disturbances creating a danger to the health, safety, and welfare of the public; and WHEREAS, promoted events cause excessive noise and increased traffic(both vehicular and pedestrian congestion), thereby directly disturbing the quality of life in the surrounding neighborhoods, and negatively impacting nearby businesses and residents; and WHEREAS, promoted events also result in excessive litter on City streets and surrounding commercial and residential common areas, from flyers, handbills, liquor bottles and cans, empty cups and straws, used drug paraphernalia, and other debris; and WHEREAS, the associated overflowing of crowds upon the public streets and right of ways disturbs the tranquility and order of the surrounding areas (i.e., both business and residential); and WHEREAS, the City's Police Department must be able to contend with the influx of these additional persons for promoted events, and is dedicated to the protection of the City and all its residents, visitors and businesses; and WHEREAS, the Police Department has determined that the minimum 96 hour notification of any promoted event at the larger alcoholic beverage establishments with a total maximum legal occupant content greater than 350 persons will assist the Police Department in preparing for promoted events, deploying appropriate police resources, and ameliorating 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 Police Department believes that the continuation of the reckless, illegal, dangerous and criminal late-night behavior and conduct that is occurring in and around alcoholic beverage establishments that have promoted events requires the notification in order to address and minimize the impacts associated with the tremendous influx of people to these alcoholic beverage establishments; and WHEREAS, the Mayor and City Commission desire to adopt the following amendments, to directly address, and hopefully alleviate, those problems and issues that are caused, directly and indirectly, by promoted events within the City. 2 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 ALCOHOHIC 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, andgasoline 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 licensed by the state for on-premises consumption, may only make sales of alcohol between the hours of 8:00 a.m. and 5:00 a.m., except as provided below: A. Restaurants not operating as dance halls or entertainment establishments. Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic 3 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 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 (a)(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(a)(3)(d) as to the hours of sale or consumption of alcoholic beverages at sidewalk cafes. E. MXE district south of 16th Street. Notwithstanding the provision of this subsection (a)(3), alcoholic beverage establishments located in the MXE mixed use entertainment district south of 16th Street may only offer alcoholic beverages for sale or on-premises consumption between the hours of 8:00 a.m. and 2:00 a.m. 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 thehours 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- 4 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. A. Notwithstanding the foregoing private clubs located in the MXE mixed use entertainment district south of 16th Street may only offer alcoholic beverages for sale or on-premises consumption between the hours of 8:00 a.m. and 2:00 a.m. (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., and alcoholic beverage establishments located in the MXE mixed use entertainment district south of 16th Street that are permitted to serve alcoholic beverages for on- premises consumption until 2:00 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; 5 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., or (ii) is located in the MXE mixed use entertainment district south of 16th Street and permitted to serve alcoholic beverages for on-premises consumption until 2:00 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 5th Street and 15th Street, possessing a license to sell and/or serve alcoholic beverages until 2:00 a.m. ("Alcohol License"), and selling and/or serving alcoholic beverages later than 12:00 a.m., for on-premises consumption only, shall retain the services of an off-duty police officer, from 12:00 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, intheir 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, intheir 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 2:00 a.m. 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 policeofficer, from 12:00 a.m. until thirty (30) minutes past the closing of both such alcoholic beverage establishments for those days in which 6 alcoholic beverages are sold or served later than 12:00 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 theservices 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 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. (9) Disclosure Requirements for Alcoholic Beverage Establishments. Any ualifvina alcoholic beverage establishment in the City, which has a promoted event or concert, entert 0--g-' must provide the Police Chief or designee with written notification as to the following: A. The date(s)of the promoted event, pnrEnrpjeAjGO or concert; B. The name of all performer(s) or entertainer(s); C. The name and contact information of the person or entity who is promoting the event or concert D. The number of tickets sold for the promoted event or concert; and E. The security plan for the promoted event or concert, which must include the number of private security personnel to be utilized at the event or concert, and any request(s) for MBPD off-duty police. In thin ini rant thin Dalman Choof dinfonreminina that finin cimp,witAx morcnnnal The written notification required pursuant to this subsection must be remitted to the Police Chief or designee at least ninety-six (96) hours prior to the promoted event or concert, unless such .promoted event or concert is first booked within ninety-six (96) hours of its commencement, in which case written notification must be immediately remitted to the Police Chief or desianee prior to the advertisement or marketing of the promoted event or concert. 7 m A single written notification of a recurring promoted event or concert, which is provided in compliance with the disclosure requirements set forth herein, shall be deemed to satisfy this subsection. Notwithstanding the foregoing, another written notification Lconsistent with the disclosure requirements set forth herein) shall be required each time an alternative or different entertainer is advertised or marketed to perform at any such recurring promoted event or concert. For purposes of this subsection, qualifying alcoholic beverage establishment shall mean each alcoholic beverage establishment in the Citv having: Jj a license to sell and/or serve alcoholic beverages until 5:00 a.m.;-and U a dance hall designation on its business tax receipt: and a total maximum legal occupant content greater than 350 persons. For purposes of this subsection, promoted event or concert shall mean any live musical performance or live entertainment in which an entertainer is advertised or marketed to perform a an alcoholic beverage establishment. F. Penalties. The following penalties shall be imposed for a violation of this subsection: a. 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; b. The penalty for the second violation by a person or entity within a 12-month period shall be a civil fine of$2,500.00; c. The penalty for the third violation by a person or entity within a 12-month period shall be a civil fine of $5,000.00, and closure of the alcoholic beverage establishment for a 14 day period: d. Upon a finding by the speemal maOstrate that three After a person or entity receives 4 or more unchallenged or upheld violations of this subsection 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, and deem the alcoholic beverage establishment to be a habitual offender. J-9101 The city manager may suspend the provisions of subsection (6) at any time protect thepublic health, safety, or welfare. 11 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 shallbe 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. entity have A-e-e-urred, After a person or entity receives 4 or more unchallenged or 8 upheld violations of this section 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 (101)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 maaistrate. 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 magistrate to appeal the notice ofviolation, which must be requested within ten days of the service of the notice ofviolation. 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 maaistrate, the special € maaistrate 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 periodshall constitute a waiver of the violator's right to an administrative hearing before the special maaistrate and shall be treated as an admission of the violation for which fines and penalties shall be assessed accordingly. 9 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 61 st 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 €maaistrate may appeal that decision to a court of competent jurisdiction. vi. The special € ma istra a 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 remaindershall 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 18 day of U2C�vnbe C 2021 PASSED AND ADOPTED this day of Dec-e r+-,be , 2021. ATTEST: Dan Gelber, Mayor Rafael E. Granado, City Clerk DEC 1 3 '2021 (Sponsored by Mayor Dan Gelber) Underline denotes additions. t _ denotes deletions APPROVED AS TO Double Underline denotes additions after First Reading FORM & LANGUAGE- denotes deletions after First Reading &t=OR EXECUTION I!!CORf�OP,P,iED' CityAfforney Date /VK %. ,,-;+� �-� .•fro_= .M IAM IBEACH OFFICE OF THE CITY ATTORNEY RAFAEL A. PAZ,CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR DAN GELBER Second Reading/Public Hearing MEMBERS OF THE CITY COMMISSION FROM: RAFAEL A. PAZ, CITY ATTORNEY f DATE: DECEMBER 8, 2021 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 SALE/VIOLATIONS," BY CREATING NEW SUBSECTION (9), WHICH WILL REQUIRE CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS POSSESSING A LICENSE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES IN THE CITY UNTIL 5 A.M. ("ALCOHOL LICENSE"), TO PROVIDE WRITTEN NOTIFICATION TO THE CHIEF OF POLICE OR DESIGNEE REGARDING ANY PROMOTED EVENT OR CONCERT THAT WILL HAVE A LIVE MUSICAL PERFORMANCE OR ENTERTAINMENT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. SUPPLEMENTAL COMMISSION MEMORANDUM: After the regular agenda was published on Wednesday, December 1, 2021, the Police Chief, the City Attorney's Office, and Commissioner Samuelian, the sponsor of this item, have continued to refine the proposed Ordinance. An updated Ordinance is attached to this Supplemental Memorandum for the City Commission's consideration, replacing the version which appears as part of the Regular Agenda. The revisions to the proposed Ordinance are merely intended to narrowly tailor the applicability of the Ordinance, so that the 96 hour written notification requirement for promoted events would Supplemental Commission Memorandum Disclosure Requirements for Alcoholic Beverage Establishments December 8, 2021 Page 2 only apply to establishments that meet all of the following criteria: 1. A license to sell and/or serve alcoholic beverages until 5:00 a.m.; and 2. A dance hall designation on its business tax receipt, and 3. A total maximum legal occupant content greater than 350 persons. As reflected in the Commission Memorandum for this agenda item (page 653 of the Agenda), this Ordinance merely imposes a 96 hour written notification requirement of covered events,to provide the Police Department with basic information concerning the events, and the opportunity to allocate resources as may be necessary to support the events and provide for public order and public safety. RAP/RFR/MAF/bs 2 Ordinances - R5 G MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael Paz, City Attorney DATE: December 8, 2021 10:40 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," BYAMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE/VIOLATIONS," BY CREATING NEW SUBSECTION (9), WHICH WILL REQUIRE CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS POSSESSING A LICENSE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES IN THE CITY UNTIL 5 A.M. ("ALCOHOL LICENSE"), TO PROVIDE WRITTEN NOTIFICATION TO THE CHIEF OF POLICE OR DESIGNEE REGARDING ANY PROMOTED EVENT OR CONCERT THAT WILL HAVE A LIVE MUSICAL PERFORMANCE OR ENTERTAINMENT;AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ANALYSIS See attached Commission Memorandum. SUPPORTING SURVEY DATA N/A Applicable Area Citywide Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Office of the City Attorney Sponsor Commissioner Mark Samuelian Page 651 of 1357 ATTACHMENTS: Description a Commission Memorandum o Ordinance Page 652 of 1357 IA ! EAC OFFICE OF THE CITY ATTORNEY RAFAEL A. PAZ, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR DAN GELBER Second Reading/Public Hearing MEMBERS OF THE CITY COMMISSION FROM: RAFAEL A. PAZ, CITY ATTORNEY DATE: DECEMBER 8, 2021 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 SALE/VIOLATIONS," BY CREATING NEW SUBSECTION (9), WHICH WILL REQUIRE CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS POSSESSING A LICENSE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES IN THE CITY UNTIL 5 A.M. ("ALCOHOL LICENSE"), TO PROVIDE WRITTEN NOTIFICATION TO THE CHIEF OF POLICE OR DESIGNEE REGARDING ANY PROMOTED EVENT OR CONCERT THAT WILL HAVE A LIVE MUSICAL PERFORMANCE OR ENTERTAINMENT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Commissioner Samuelian has sponsored this proposed amendment to Section 6-3 of the City Code(the"Ordinance"),which was initially presented and heard by the Neighborhood and Quality of Life Committee (the "NQLC") on July 21, 2021. The members of the NQLC supported this Ordinance, which would require alcoholic beverage establishments with a 5:00 a.m. alcohol license and total maximum legal occupant content ("occupancy load") greater than 350 persons, to provide advance notification to the Police Department of any promoted event or concert ("promoted event"), which term is defined as any live musical performance or live entertainment in which an entertainer is advertised or marketed to perform at an alcoholic beverage establishment, that will be occurring at their respective establishments. The proposed Ordinance would require those alcoholic beverage establishments, having a promoted event, to provide written notification to the Chief of Police (or designee), a minimum of 96 hours prior to each such promoted event, with specific information about the promoted event, in order to permit the Police Department to take any necessary measures to mitigate Page 653 of 1357 Commission Memorandum Disclosure Requirements for Alcoholic Beverage Establishments December 8, 2021 Page 2 potential issues or impacts such as traffic, crowd control, or street closures during the promoted event or concert. Specifically, the written notification set forth in the proposed Ordinance would require these alcoholic beverage establishments to identify the following: • The date of the promoted event or concert; • The name of all performer(s) or entertainer(s); • The name and contact information of the person or entity who is promoting the event or concert; • The number of tickets sold for the promoted event or concert; and • The security plan for the promoted event or concert, which must include the number of private security personnel to be utilized at the event or concert, and any request(s) for MBPD off-duty police. Equally important, the Police Chief would have the opportunity, sufficiently in advance of the promoted event, to review the notification from the alcoholic beverage establishment and determine whether the security plan for the promoted event would adequately manage and control the anticipated level of attendance at the event. This requirement would further permit the Police Department to allocate additional Police resources to contend with the large crowds entering the City and at the promoted event, and thereby minimize the issues the City has endured regarding public safety, the quality of.life in the City's residential neighborhoods and reduce the adverse impacts upon the Police Department and any logistical challenges created throughout the City. The proposed Ordinance was heard and approved by the Mayor and City Commission upon First Reading at the October 13, 2021 City Commission Meeting. However, at that time, a question was raised with regard to whether the Ordinance would withstand a First Amendment challenge. Essentially, since alcoholic beverage establishments are not traditional public forums (nor designated public forums), the City may appropriately regulate such establishments without violating the First Amendment, so long .as the City's regulation is reasonable and not content- based. Here, the written notification required by the Ordinance is completely content neutral and applicable irrespective of the performer, content or message to be conveyed. Moreover, the notification requirement serves substantial governmental purposes entirely unrelated to the content of the event or performance in that it provides the Police Department with information to enable the department to allocate resources and staffing as necessary to maintain public safety and order. In addition, the Ordinance merely imposes a very minor burden upon alcoholic beverage establishments (which notification may be remitted via letter, e-mail, facsimile or other written communication, maybe accomplished at no cost to the alcoholic beverage establishment, and only applies if the establishment is having a promoted event or concert). Finally, the Ordinance in no way prohibits, nor provides the City any discretion to prohibit(or otherwise inhibit), any such promoted event from occurring at any alcoholic beverage establishment. Based upon the direction provided at First Reading, the Ordinance has been modified prior to Second Reading to: 1.) only encompass those alcoholic beverage establishments with a 5:00 a.m. alcohol license and a total maximum occupancy load greater than 350 persons; 2.) define the term "promoted event or concert" to mean any live musical performance or live entertainment in which an entertainer is advertised or marketed to perform at an alcoholic beverage establishment; and 3.) provide a mechanism for an alcoholic beverage establishment 2 Page 654 of 1357 Commission Memorandum Disclosure Requirements for Alcoholic Beverage Establishments December 8, 2021 Page 3 to provide the Police Department with the required written notification, without violating the Ordinance, for a promoted event which is only booked, advertised and marketed within ninety-six (96) hours of its commencement. RAP/RFR/MAF/bs 3 Page 655 of 1357