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079-1998 LTC (~ITY OF MIAMI BEACH CIT (HAll. 1700 CONVENTION CENTER DRIVE MIAMI BEACH, Fl.ORIDA 33139 http:\\ci.miami-beach.f1.us m L.T.C. No. 79-1998 LETTER TO COMMISSION June 5, 1998 TO: Mayor Neisen O. Kasdin and Members of the City C mission FROM: Sergio Rodriguez City Manager SUBJECT: ENFORCEMENT ACTION AGAINST NIGHTCLUBS At the May 7, 1998, City Commission Meeting, Mr. David Kelsey spoke at the Dr. Stanley Sutnick Citizens' Forum expressing his concern about the importance of night life on South Beach and how the business community feels that they are under siege. Mr. Kelsey said that violations were issued to nightclubs for not serving meals prepared on the premises as required under the zoning code definition. At a meeting with various departments and myself, a determination was made to take no further enforcement action until the Planning Board and the Commission had a chance to review the definition to determine if it should be modified. Mr. Kelsey indicated that as a follow-up to that meeting, a letter was sent to all the nightclubs that had an offensive tone. Mr. Kelsey stated that the Fire Department while enforcing the occupancy load standards made an arbitrary decision as to what constitutes overcrowding and citations were issued based on this erroneous decision. In addition, Code Compliance is giving violations for happy birthday signs and balloons, and confiscating tables and chairs off Lincoln Road Mall restaurants while people are eating. In response to the comments that Mr. Kelsey made, I immediately checked with the various departments and offer the following facts: 1) Nightclubs not serving meals prepared on the premise Under the zoning code a nightclub is defined as "a business operated to supply music or entertainment or both and which provides beverages and meals prepared on the premises. It shall have seating for not less than sixty persons at tables, a dance floor of at least 300 square feet in area, and a total floor area of at least 2,200 square feet. " The definition for nightclub was most recently revised in November of 1990. In March 1990 the Planning Board created a Planning and Zoning Subcommittee for the purpose of "fine- tuning" the new Zoning Ordinance. The subcommittee met on six occasions which resulted in several proposals to amend the Zoning Ordinance including amending the definition of Letter to Commission June 5, 1998 Page 2 a nightclub. On July 17, 1990, the Planning Board held a public hearing to consider the request. Following the hearing, the Board recommended (7-0) that the City Commission approve the amendment to the Zoning Ordinance. The City Commission passed and adopted the ordinance on November 7, 1990. The Department of Code Compliance is responsible for enforcing the Zoning Code. The department became aware after surveying the clubs in March of 1998 that they were not complying with the definitions in the Zoning Code. As a result, Notices of Violations were issued allowing 30 days to begin serving food prepared on the premises. Mr. Kelsey requested a meeting with me to discuss the notices. I met with him on April 23, 1998. Present at the meeting were several departments including the City Attorney's Office. After hearing from Mr. Kelsey, I decided to refer the matter to the Planning Board for discussion of the definition of nightclub. Also, I directed that no further enforcement action would be taken with respect to the issue of meals being served on premises until the Planning Board and City Commission had a chance to review the definition. On May 4, 1998, Al Childress, Director, Department of Code Compliance met with the Public Safety Steering Committee of the Washington Avenue Task Force to discuss their concerns with the Notice of Violations issued to the nightclubs. Although, none of the six (6) nightclubs that had been issued notices were located on Washington Avenue, Mr. Childress advised the committee of the recent meeting that I had with Mr. Kelsey and that a letter was being sent to all the nightclubs explaining that on May 6, 1998, the City Commission was referring an item to the Planning Board to discuss 1) hours of operation, 2) definitions of bars, nightclubs, restaurants, supper clubs, lounges, and 3) food preparation. Mr. Childress during the meeting, read almost verbatim from the letter that was sent to the nightclubs the following day. The Committee did not object to the tone of the letter or question the context of the letter. Mr. Kelsey was in attendance at the committee meeting. A copy of the letter that Mr. Kelsey indicated was objectionable, is attached for your review. 2) Fire Department Enforcement of Occupancy Load The criteria that the Fire Department is using as a standard is not eleven square feet per person as stated by Mr. Kelsey. The occupancy load is calculated by using fifteen (15) square feet per person in areas where tables and chairs are located and seven (7) square feet per person everywhere else. It may be that the eleven square feet that Mr. Kelsey is referring to is a standard put in place by a previous Building Official based on his interpretation of the code. This was merely taking an average of the stated code standards of seven (7) and fifteen (15) square feet per person, and applying them in all areas. Although this was a more simplistic process, it was not strictly according to code. The code reference being used to make determinations concerning occupancy comes from the National Fire Protection Association 101 Life Safety Code (1994 Edition) Section 8-1.7. for new assembly occupancies and Section 9-1.7 for existing assembly occupancies. The method for calculation is as follows: the area of the club where tables and chairs are located will be calculated at fifteen (15) square feet per person. The perimeter of this area will start at 19" back from the rear of the chair and include the entire area within that perimeter. The area from the edge of that perimeter up to the leading edge of the serving bar will be calculated at seven (7) square feet per person. It is possible to allow a maximum occupant Letter to Commission June 5, 1998 Page 3 load factor of five square feet per person if proper aisles and exits are provided which in some cases may result in a lower total occupant load. All assembly establishment owners or managers are invited to, at any time, reapply for a higher occupant load if they feel they are entitled to one. Business owners of assembly establishments may apply for an occupant load sign by submitting architectural plans to scale in triplicate to the Building Department. The plans are reviewed by the Building and Fire Departments. A determination of the occupancy load will be made based on the Life Safety Code which is adopted by the South Florida Building Code. An occupant load sign will then be issued. The sign must be displayed in a prominent location near the main entrance to the establishment. 3) Code Inspectors have given violations for Happy Birthday signs and balloons. A Code Compliance Officer inspected Club Bash, 655 Washington Avenue on March 18, 1998. The officer observed balloons in the shape of a large camel. The Code Compliance Officer spoke with the manager of Club Bash and requested that in the future he limit the displays that were being placed on the City sidewalk. On March 27, 1998, the Code Compliance Officer also observed a large display of balloons in front of Club Strand at 671 Washington Avenue. The balloons were partially obstructing the sidewalk and pursuant to Section 25-81 of the City code, signs (balloons) are specifically prohibited on the sidewalk. The Code Compliance Officer spoke with the club manager at that time and advised him of the restrictions on what could be placed on the public sidewalk. The Code Compliance Officer during both of the inspections did not issue any Notice of Violations, only verbal warnings were given, Photographs of the balloons were taken by the Code Compliance Officer (see attachment 2). On April 9, 1998, a Code Compliance Officer observed a live camel in front of Club Bash, 655 Washington Avenue (see attachment 3) and large balloon display was erected on the sidewalk (see attachment 4). The Code Compliance Officer took photographs of the display but took no further action. A Notice of Violation was not issued. 4) Code Compliance confiscates tables ofT Lincoln Road while people are eating. The Department of Code Compliance since January of 1997 has confiscated tables and chairs at five restaurants that were operating without a sidewalk cafe permit. The five locations are: 1) Seagate, 7300 Ocean Terrace, 2) La Rosada Steakhouse, 524 Ocean Drive, 3) Norman's, 646 Lincoln Road, 4) Mezzaluna, 834 Ocean Drive, and 5) Sushi Sango, 647 Lincoln Road. Sushi Sango was the last location in which tables and chairs were confiscated. The business was first issued a $100 citation on May 20, 1997, for operating a sidewalk cafe without a permit. On May 29, 1997, the sidewalk cafe was observed still operating without the required permit and a second citation in the amount of $250 dollars was issued. On July 15, 1997, the sidewalk cafe was still operating without the required permit and a third citation in the amount of $500 dollars was issued. On July 21, 1997, a twenty-four hour notice was hand delivered to Sushi Sango warning the restaurant that tables and chairs would be confiscated if placed on the sidewalk without the required permit. Letter to Commission June 5, 1998 Page 4 The owner upon receipt of the notice called the Department of Code Compliance requesting a three (3) day extension to pay all outstanding fines and obtaining his permit. The Department granted the extension until July 25, 1997, 12 Noon. The owner did not obtain the permit and contacted the department at 4:45 p.m. on July 25, 1997, requesting to be allowed to place the tables and chairs on the sidewalk for the weekend. The department indicated no further extension would be granted. The owner inquired as to what would happen if the tables and chairs were placed on the sidewalk. The owner was informed that they would be confiscated. The business was not open for lunch therefore, the assignment was given to the night crew, which reports for duty at 9:30 p.m., to handle. Code Compliance Officers responded to the location between 9:30 p.rn. and 10:00 p.m. on July 25, 1997, and observed tables and chairs on the sidewalk. As a result, the tables and chairs were confiscated. It took approximately two (2) hours to confiscate all the tables and chairs as the Code Compliance Officers waited until the tables and chairs were empty before picking them up. The tables and chairs were confiscated in accordance with the sidewalk cafe ordinance. Conclusion The Department of Code Compliance and the Fire Department will continue to enforce the codes uniformly to ensure that the health, safety, and welfare of the residents and visitors of the city of Miami Beach are protected. The departments have the responsibility of enforcing the codes, ordinances, and laws adopted by the City Commission, County Commission, and State Legislation. The department's challenge is to do this uniformly and to be proactive. The Department of Code Compliance has instituted monthly workshops through the Miami Beach Chamber of Commerce to educate the business owners on the various codes and enforcement action. Also, the department has met and will continue to meet with various homeowner associations, groups, and property owner associations to discuss their concerns on Code Enforcement issues. Future meetings will occur with the community through the "Neighborhood First" meetings, Washington Avenue Task Force and other business associations. 4Ii ~ft.-' SR:MDB:AC:ebt CITY OF MIAMI BEACH 1700 Convention Center Drive, Miami Beach. FL 33139 hllp:\\ci.miami-beach. ".us Telephone (305) 673-7555 Facsimile(30S) 673-7543 May 5, 1998 Studio 23 247 23rd Street Miami Beach, FL 33 139 Attachment #1 RE: Zoning Code Dear Nightclub Omler: Recently Notices of Violation were written by the Department of Code Compliance which addressed the definition of a nightclub. Under Section 3-2A140 of the Zoning Code of Miami Beach, a nightclub is defmed as: "A business operated to supply music or entertainment or both and which provides beverages and meals prepared on the premises. It shall have seating for not less than sixty persons at tables, a dance floor at least 300 square feet in area, and a total floor area of at least 2,260 square feet." A survey of the businesses that had been issued a Certificate of Use for a nightclub revealed that 95% of the business establislunents were not in compliance with the definition. Many of the locations were not providing meals prepared onthepremises. As a result, Notices of Violations were issued to the business, notifying them of the Violation ana allow~ thirty (30) days to comply. The City Manager has requested that no further enforcement action be taken with respect to the Notice of Violation until a detennination is made by the City COnmllssion if the definition in the Zoning Code needs to be changed. The City COnmllssion, on May 6, 1998, is referring to the Planning Board to discuss, 1) hours of operation, 2) definitions of bars, nightclubs, restaurants, supper clubs, lounges, and 3) food preparation be changed. Once the Planning Board has made a detennination, that information will be referred to the City COnmllssion in the form of an ordinance for consideration. The department intends to take no further action with respect to the notice you received, until a detennination has been made by the Planning Board and the City Commission in regard to changing the present Zoning Code. Once the date and time of the Planning Board Meeting has been established, the Planning & Zoning Department will ensure that you receive'that information. If you have any further questions concerning this matter, please do not hesitate to contact me at 673-7555. ~~ Al Childress Director Department of Code Compliance AC:ebt c: Janet Gavarrete, Assistant City Manager Dean Grandin, Planning & Zoning Director F:\CODE\$ALLIELENAINITECLUB.L TR