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HomeMy WebLinkAboutOrdinance 2022-4463 Alcohol Sales— Distance Separation and Delivery Hours ORDINANCE NO. 2022-4463 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE/VIOLATIONS," TO CLARIFY THAT PACKAGE STORES AND RETAIL STORES (INCLUDING, BUT NOT LIMITED TO, GROCERY, CONVENIENCE STORES,AND GASOLINE SERVICE/FILLING STATIONS), MAY ONLY MAKE DELIVERIES OF ALCOHOLIC BEVERAGES FOR OFF- PREMISES CONSUMPTION DURING HOURS WHEN RETAIL SALES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION ARE PERMITTED; AND BY AMENDING SECTION 6-4, ENTITLED "LOCATION AND USE RESTRICTIONS," TO AMEND THE REGULATIONS PERTAINING TO MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR PACKAGE STORES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach ("City") regulates the location, size, hours of operation, minimum distance separation 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, the Mayor and City Commission have determined that it is in the best interest of the City, and it serves the health, safety, and welfare of the City's residents and visitors, to amend the distance separation requirements and clarify delivery hours for the sale of alcoholic beverages for off-premises consumption; and WHEREAS, this Ordinance strikes a balance between (i) the public safety concerns associated with the sale of alcoholic beverages; (ii) the convenience of the City's residents and visitors who desire to purchase alcoholic beverages, as well as the economic vitality of the City's retail stores; and (iii) the City's interest in enforcing uniform regulations throughout particular neighborhoods and commercial districts; and WHEREAS, the amendments set forth below are necessary to accomplish the objectives identified above. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 6-3, entitled "Hours of Sale," of Article I, of Chapter 6, of the City Code of the City of Miami Beach is hereby amended as follows: 1 CHAPTER 6 ALCOHOLIC BEVERAGES ARTICLE 1. 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, including, if permitted by State law, for delivery, 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, including, if permitted by State law, for delivery, between the hours of 10:00 a.m. and 8:00 p.m. (2) Retail stores, including, but not limited to, grocery, convenience stores, and gasoline service/filling stations. Retail stores, including, but not limited to, 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, including, if permitted by State law,for delivery, between the hours of 8:00 a.m. and midnight. A. Notwithstanding subsection (a)(2), retail stores, including, but not limited to, 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, including, if permitted by State law, for delivery, G*between the hours of 10:00 a.m. and 8:00 p.m. Sec. 6-4. Location and use restrictions. (a) Generally. The following location and use restrictions are applicable for facilities selling or offering alcohol beverages for consumption: (3) Retail stores for off-premises consumption. The minimum distance separation between retail stores primarily selling alcoholic beverages for consumption off the premises as a main permitted use shall be 1,500 feet. ^ Fetail steFe primarily selling 2 aiGGh9IiG hev nos may obtain nnnrlitinnal use annrnyal from the planning hnarrl to at a dicstannn less than 70-0 foot from ,n existing steFe There shall be no variances from this distance separation requirement. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or re- lettered to accomplish such intention, and, the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this ao day of -7c'y'"`� , 2022. Dan Gelber, Mayor ATT JAN 2 5 2022 Rafael E. Granado, City Clerk APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION First Reading: December 8, 2021 City Attorney 1� Date Second Reading: nuary d , 2022 lv Verified by: `= � Thomas R. Mooney, ICP yIPCOR MATED) Planning Director TAAgenda\2021\12_December 8\Planning\Alcohol Sales-Distance Separation and Delivery Hours-First Reading ORD.docx 3 Ordinances-R5 F MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: January 20, 2022 10:30 a.m. Second Reading Public Hearing SUBJECT:ALCOHOL SALES -DISTANCE SEPARATION AND DELIVERY HOURS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE/VIOLATIONS," TO CLARIFY THAT PACKAGE STORES AND RETAIL STORES (INCLUDING, BUT NOT LIMITED TO, GROCERY, CONVENIENCE STORES, AND GASOLINE SERVICE/FILLING STATIONS), MAY ONLY MAKE DELIVERIES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION DURING HOURS WHEN RETAIL SALES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION ARE PERMITTED; AND BY AMENDING SECTION 6-4, ENTITLED "LOCATION AND USE RESTRICTIONS," TO AMEND THE REGULATIONS PERTAINING TO MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR PACKAGE STORES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. BACKGROUND/HISTORY HISTORY On September 17, 2021, at the request of Commissioner Steven Meiner, the City Commission referred the following discussion items to the Land Use and Sustainability Committee (LUSC): 1. Discussion pertaining to minimum distance separation requirements between package liquor stores (C4J). 2. Discussion clarifying that hours for package liquor sales set forth in Chapter 6 of the City Code also apply to deliveries from package stores (C4K). On October 19, 2021 the LUSC reviewed each of these discussion items and recommended that a draft Ordinance be brought to the City Commission for approval. Page 669 of 1313 BACKGROUND Pursuant to Section 6-4(a)(3) of the City Code, the minimum distance separation requirement between retail stores primarily selling alcoholic beverages for consumption off premises (package stores) is 1,500 feet. However, the Planning Board, through the conditional use process, may allow a lesser distance separation, provided such distance separation is not less than 700 feet. Section 6-3 of the City Code sets forth limits on the hours of operation for all retail stores primarily selling alcoholic beverages for consumption off premises (package stores). However, this section of the Code does not expressly set forth delivery timeframes from such retail stores. ANALYSIS The proposals recommended by the LUSC have been combined into a single Ordinance for consideration at First Reading, which is attached. The first part of the proposal herein would eliminate the current minimum distance separation exception process, which allows the Planning Board to reduce the minimum distance separation between package stores by up to 800 feet. The following is the proposed amended text: Sec. 6-4. -Location and use restrictions. (a) Generally. The following location and use restrictions are applicable for facilities selling or offering alcohol beverages for consumption. (3) Retail stores for off-premises consumption. The minimum distance separation between retail stones primarily selling alcoholic beverages for consumption off the premises as a main permitted use shall be 1,500 feet. There shall be no variances from this distance separation requirement. The Administration is supportive of this revision, as it is more consistent with the legislative intent of the Ordinance amendment adopted in 2017 that increased the distance separation between package stores from 300 feet to the current 1,500 feet. This Ordinance amendment was intended to ensure that there was not a proliferation of these uses within zoning districts in which they are an allowable use. The other proposal herein clarifies that delivery hours for retail package liquor stores, as well as the retail sale of all alcoholic beverages, are the same as the allowable hours of operation for on site sales. The following is the proposed amended text: Sec. 6-3. Hours of saleMblations. (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, including, if permitted by State law Page 670 of 1313 delivery 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. including. if iermitted by State law, delivery between the hours of 10:00 a.m. and 800 p.m. (2) Retail stores, induding�but not limited to. grocery, convenience stores, and gasoline service/filling stations. Retail stores, including, but not limited to, 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, including, if permitted by State law, delivery between the hours of 8:00 a.m. and midnight. A. Notwithstanding subsection (a)(2), retail stores, including, but not limited to} 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, including, if permitted by State law. delivery only between the hours of 10.00 a.m. and 8.00 p.m. The Administration is supportive of this revision as it clarifies that the allowable hours of operation for on-site sales also applies to all delivery services. UPDATE The subject Ordinance was approved on December 8, 2021,with no changes. SUPPORTING SURVEY DATA Improve and Enhance Residents Quality of Life CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. 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 Planning Sponsor Page 671 of 1313 Commissioner Steven Meiner ATTACHMENTS: Description © Ordinance Page 672 of 1313