Ordinance 2024-4641 Alcohol Hours of Sale— RM3 Oceanfront Properties
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ORDINANCE NO. 2024-4641
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 7 OF THE
MIAMI BEACH RESILIENCY CODE, ENTITLED "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 6, "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY,"
SECTION 7.2.6.2, "USES(RM-3)",TO ADOPT AND/OR AMEND HOURS
FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES
ON PREMISES AT ALCOHOLIC BEVERAGES ESTABLISHMENTS IN
THE AREA GENERALLY BOUNDED BY COLLINS AVENUE ON THE
WEST, 72ND STREET ON THE NORTH, 53RD STREET ON THE
SOUTH, AND THE EASTERN BOUNDARY LINE OF PROPERTIES
FRONTING THE EAST SIDE OF COLLINS AVENUE ON THE EAST;AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") is both a vibrant residential community
and an internationally renowned tourist destination that is famous for its beautiful beaches, world-
class shopping, entertainment, fine dining, and vast array of artistic and cultural events; and
WHEREAS, the sale and consumption of alcoholic beverages late at night contributes to
undesirable noise, traffic, disorderly conduct, violence, and other criminal activity; and
WHEREAS, accordingly, the Mayor and City Commission hereby determine that it is in
the best interest of the City's residents, businesses, and visitors to limit the outdoor hours of sale
and consumption of alcoholic beverages in the Collins Avenue neighborhood from 53nd to 72nd
Streets; and
WHEREAS, State law expressly grants the City the authority to establish its own
regulations for the time for sale of alcoholic or intoxicating beverages; and
WHEREAS, pursuant to Section 562.14, Florida Statutes, a municipality may, by
ordinance, establish hours of sale for alcoholic beverages; and
WHEREAS, in State ex rel. Floyd v. Noel, 124 Fla 852, 854 (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 Supreme Court has upheld the constitutionality of Section 562.14,
Florida Statutes (See Wednesday Night, Inc. v. City of Fort Lauderdale, 272 So. 2d 502 (Fla.
1972) (recognizing the statutory authority of a municipality to "prescribe by ordinance different
hours of liquor sales from those fixed by other cities")); and
WHEREAS, Florida Courts have recognized, as a lawful exercise of the police power, a
municipality's authority to change hours of sale for alcoholic beverages; municipalities have the
Page 1057 of 1750
statutory authority under Section 562.14, Florida Statutes, to restrict the hours when alcohol may
be sold; and a municipal ordinance regulating alcohol hours of sale 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, 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
(Op.Att'y Gen. Fla. 059-73 (1959)); and
WHEREAS, 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.Att'y 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., 80 So. 3d 433 (Fla. 4th DCA 2012); Other Place of
Miami, Inc. v. City of Hialeah Gardens(Fla. 3d DCA 1978)); and
WHEREAS, 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 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. Chapter 7 of the Resiliency Code, entitled "Zoning Districts and Regulations," is
hereby amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE II. DISTRICT REGULATIONS
DIVISION 6. RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY
* *
Section 7.2.6.2 Uses (RM-3)
* * *
i'e1 Hours for the sale and consumption of alcoholic beverages.
i_ Upper Collins Avenue. As applicable to alcoholic beverage establishments
between Collins Avenue on the west. 72nd Street on the north, the eastern
boundary line of properties fronting the east side of Collins Avenue on the east,
and 53rd Street on the south, alcoholic beverages shall not be offered for sale
or on-premises consumption outdoors between the hours of 12:00 a.m. and
8:00 a.m.each night. notwithstanding sections 2.4.3 or 2.12.5 of this Code. For
purposes of this section. the term "outdoors" shall mean any area of an
alcoholic beverage establishment that is not completely enclosed and located
Page 1058 of 1750
entirely within a building.Any operable windows or doors shall remain closed
at all times, except for purposes of ingress and egress.
ii. Determination of vested rights. The owner or operator of any alcoholic
beverage establishment claiming a vested right to conduct alcohol sales for on-
premises consumption for hours greater than the hours permitted under
subsection (e)(i) may so operate only after applying for a determination of its
vested right(s) and having those rights confirmed by the chief special
magistrate as follows:
1. Appointment: qualifications: term. The chief special magistrate shall
adjudicate applications for determinations of vested rights under this
subsection (e)(ii). The special magistrate shall be an attorney in good
standing with the Florida Bar, with expertise in the areas of local
government law, business licensing, vested rights, and/or property law.
2. Filing period. Any application for a determination of vested rights must be
filed with the city manager, city attorney, and city clerk no later than October
31, 2024.
3. Standard for finding of a vested right. A vested right to conduct alcohol
sales for on-premises consumption later than the hours prescribed in
subsection (e)(i) shall be found to exist only where:
I. An active order of the Planning Board, an active order of the Board
of Adjustment,or other active development order issued by the City,
expressly authorizes the alcoholic beverage establishment to
conduct alcohol sales for on-premises consumption during
specified hours',
II. In good faith reliance upon such prior order,the applicant has made
a substantial change in position or incurred extensive contractual
obligations and financial expenses: and
III. It would be highly inequitable to interfere with the acquired right.
In accordance with Florida law, no right to conduct alcohol sales at certain
hours may be determined to have vested as a result of the adoption of an
ordinance by the city commission. The chief special magistrate shall
dismiss any application that relies solely upon a previously enacted
ordinance of the city commission.
4. Procedure.Applications for vested rights determinations shall be heard in
accordance with the procedures for hearings before the special magistrate
specified in Chapter 30 of the City Code except that:
I. Applications for a vested rights determination shall be made in
writing and filed with the city manager, city attorney, and city clerk.
II. At a minimum, applications shall:
Page 1059 of 1750
}
A. Identify all prior orders from which the alleged vested right
arises:
B. Include a copy of each such prior order:
C. Specify how the adoption of this ordinance adversely affected
the alleged vested right including how the standard in
subsection (e)(ii)(3) is satisfied;
D. Specify the applicant's requested relief; and
E. Be sworn to by the applicant.
III. The signature of the applicant or the applicant's attorney shall
constitute a certificate that the person signing has read the
applicant's written submissions and, to the best of their knowledge,
the application is made in good faith and not for purposes of delay.
The applicant or its attorney shall have a continuing obligation to
correct any statement or representation found to have been
incurred when made or which becomes incorrect by virtue of
changed circumstances. If a claim of taking or abrogation of vested
rights is: (1) based upon facts that the claimant or the attorney for
the claimant knew or should have known were not true; or (2)
frivolous or filed solely for the purpose of delay, the chief special
magistrate shall make such findings in writing and deny the
application.
IV. The city clerk shall acknowledge receipt of an application for vested
rights within three business days of receipt of the application, and
shall promptly schedule a hearing before the chief special
magistrate.
V. Effect of filing application for vested rights determination. During the
pendency of an application for a vested rights determination, the
applicant shall comply with all requirements of this section. The
filing of an application shall not be construed to stay enforcement
of this section against the applicant.
5. Appeals.An aggrieved party, including the city administration, may appeal
a final administrative order of the special magistrate to the circuit court by
petition for writ of certiorari, pursuant to the Florida Rules of Appellate
Procedure.
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.
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Page 1060 of 1750
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 421/ day of /14 24.
ATTEST:
Steven Meiner, Mayor
JUL 3 0 2024 APPROVED AS TO
FORM AND LANGUAGE
Rafael E. Granado, City Clerk �'B & FOR EXECUTION
INCORIORATEDI City Attorney QV Date
First Reading: May 15, 2024 ',,Q4••.. ‹kc
Second Reading: J y 24, 2024 H 26"'
Verified By:
Thomas R. Moo ey, AICP
Planning Director
Sponsored by Commissioner Alex J. Fernandez
Co-Sponsored by Commissioner Tanya K.Bhatt .
T:Agenda1202415 May 2024\PIanningAAlcohol Hours of Sale RM-3 Oceanfront Properties-First Reading ORD.docx
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Page 1061 of 1750
Ordinances -R5 S
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Interim City Manager Rickelle Williams
DATE: July 24, 2024 5:01 p.m. Second Reading Public Hearing
TITLE: ALCOHOL HOURS OF SALE—RM3 OCEANFRONT PROPERTIES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 7 OF THE MIAMI BEACH
RESILIENCY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS,
ARTICLE II, "DISTRICT REGULATIONS," DIVISION 6, "RM-3 RESIDENTIAL
MULTIFAMILY, HIGH INTENSITY," SECTION 7.2.6.2, "USES (RM-3)", TO ADOPT
AND/OR AMEND HOURS FOR THE SALE AND CONSUMPTION OF ALCOHOLIC
BEVERAGES ON PREMISES AT ALCOHOLIC BEVERAGES ESTABLISHMENTS
IN THE AREA GENERALLY BOUNDED BY COLLINS AVENUE ON THE WEST,
72ND STREET ON THE NORTH, 53RD STREET ON THE SOUTH, AND THE
EASTERN BOUNDARY LINE OF PROPERTIES FRONTING THE EAST SIDE OF
COLLINS AVENUE ON THE EAST; AND PROVIDING FOR REPEALER,
CODIFICATION,SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUND/HISTORY
On December 13, 2023, at the request of Commissioner Alex Fernandez, the City Commission
referred a proposal regarding the outdoor sale of alcohol on oceanfront properties in the RM3
zoning district (Item C4 V) to the Public Safety and Neighborhood Quality of Life Committee
(PSNQLC) and the Planning Board. Commissioner Tanya K. Bhatt was the co-sponsor of the
proposal.
On February 14,2024,the PSNQLC recommended that the Planning Board transmit an ordinance
to the City Commission with a favorable recommendation.
ANALYSIS
The City Code permits accessory alcoholic beverage establishments within the RM-3 zoning
district. Absent appropriate regulations, these uses could be incompatible with adjacent
residential uses along the Collins Avenue corridor. Such establishments include restaurants,
stand-alone bars, outdoor food and beverage services, entertainment establishments, and dance
halls, where alcoholic beverages are sold and consumed.
The sale and consumption of alcoholic beverages during the early morning hours, particularly in
outdoor areas, can be disruptive to residents, as related impacts could include excessive noise,
as well as increased calls for service to the Police, Fire and Code Compliance Departments.
These impacts principally burden residents in neighborhoods that are adjacent to such
establishments.
Page 1054 of 1750
To address these concerns, the attached draft ordinance would limit the outdoor sale of alcohol
to 12:00 a.m.for properties located in the RM-3 zoning district, on the east side of Collins Avenue
from 53rd to 72nd Street, identified as"Upper Collins Avenue".This 12:00 a.m. cutoff would apply
to both new and existing establishments, and the ordinance contains a provision for the
determination of any vested rights for existing establishments. The proposal does not impact
indoor alcohol sales.
Florida law grants municipalities broad authority to regulate the sale of alcoholic beverages. In
the exercise of that authority, municipalities may prohibit the sale of alcohol within certain hours
and/or within certain zoning districts. Specifically, Section 562.14, Florida Statutes, authorizes
municipalities, by ordinance, to establish hours of sale for alcoholic beverages. Florida courts
have consistently held that alcoholic beverage establishments are not entitled to "grandfather"
status as to hours of sale for alcoholic beverages.' Accordingly,the City has the authority to adopt
the proposed legislation.
'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).S
PLANNING BOARD REVIEW
On March 26, 2024, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0).
UPDATE
On May 15, 2024, the subject ordinance was approved at First Reading with no changes.
Additionally, the City Commission waived the applicable fees based on circumstances unique to
the proposed amendment:
FISCAL IMPACT STATEMENT
N/A
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Does this Ordinance require a Business Impact Estimate? No
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on 7/5/2024. See BIE at:
https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
•
FINANCIAL INFORMATION
N/A
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
Citywide
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Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Page 1055 of 1750
Yes No
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Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s)and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Commissioner Tanya K. Bhatt
Page 1056 of 1750
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