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BIE - ENTERTAINMENT AND SUPPER CLUB REGULATIONS (8/14/2024)M IAM I BEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www .miamibeachfl.gov TO:Mayor Steven Meiner and Members of the City Commission FROM:Eric Carpenter,City Manager f1c_,~ MEETING DATE:September 11,2024 SUBJECT:BUSINESS IMPACT ESTIMATE ENTERTAINMENT AND SUPPER CLUB REGULATIONS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI BEACH,SUBPART B,ENTITLED "MIAMI BEACH RESILIENCY CODE,"CHAPTER 1,ENTITLED "GENERAL PROVISIONS," ARTICLE II,ENTITLED "DEFINITIONS,"SECTION 1.2.2,ENTITLED "USE DEFINITIONS,"AT SUBSECTION 1.2.2.4,ENTITLED "COMMERCIAL,"BY CREATING A DEFINITION FOR RESTAURANT SUPPER CLUB;AND BY AMENDING CHAPTER 7,ENTITLED "ZONING DISTRICTS AND REGULATIONS,"ARTICLE II,ENTITLED "DISTRICT REGULATIONS," SECTION 7.2.5,ENTITLED "RM-2 RESIDENTIAL MULTIFAMILY,MEDIUM INTENSITY"AT SUBSECTION 7.2.5.2,ENTITLED "USES (RM-2),"BY PROVIDING THAT ENTERTAINMENT USES SHALL BE SUBJECT TO THE ADDITIONAL REGULATIONS IN SECTION 7.5.5.4;BY AMENDING SECTION 7.2.6,ENTITLED "RM-3 RESIDENTIAL MULTIFAMILY,HIGH INTENSITY,"AT SUBSECTION 7.2.6.2,ENTITLED "USES (RM-3),"BY PROVIDING THAT ENTERTAINMENT USES SHALL BE SUBJECT TO THE ADDITIONAL REGULATIONS IN SECTION 7.5.5.4;BY AMENDING SECTION 7.2.11,ENTITLED "CD-2 COMMERCIAL,MEDIUM INTENSITY,"AT SUBSECTION 7.2.11.2,ENTITLED "USES (CD-2)"BY PROVIDING THAT ENTERTAINMENT USES SHALL BE SUBJECT TO THE ADDITIONAL REGULATIONS IN SECTION 7.5.5.4,AND BY AMENDING THE SUPPLEMENTAL CONDITIONAL USE REGULATIONS FOR THE DISTRICT;BY AMENDING SECTION 7.2.12,ENTITLED "CD-3 COMMERCIAL,HIGH INTENSITY,"AT SUBSECTION 7.1.12.2,ENTITLED "USES (CD-3),"BY AMENDING THE SUPPLEMENTAL MAIN PERMITTED USES TO AMEND THE REQUIREMENTS FOR DANCE HALLS TO PROVIDE THAT ENTERTAINMENT USES SHALL BE SUBJECT TO THE ADDITIONAL REGULATIONS IN SECTION 7.5.5.4;BY AMENDING SECTION 7.2.14,ENTITLED "NORTH BEACH TOWN CENTER-CORE DISTRICT (TC),"AT SUBSECTION 7.2.14.2,ENTITLED "USES (TC-1,TC-2),"BY PROVIDING THAT ENTERTAINMENT USES SHALL BE SUBJECT TO THE ADDITIONAL REGULATIONS IN SECTION 7.5.5.4;BY AMENDING SECTION 7.2.14.6,ENTITLED 'TOWN CENTER-CENTRAL CORE (TC-C)DISTRICT,"BY AMENDING THE REQUIREMENTS FOR ENTERTAINMENT ESTABLISHMENTS AND BY PROVIDING THAT ENTERTAINMENT USES SHALL BE SUBJECT TO THE ADDITIONAL REGULATIONS IN SECTION 7.5.5.4;BY AMENDING SECTION 7.2.13, ENTITLES "MXE MIXED USE ENTERTAINMENT DISTRICT,"AT SUBSECTION 7.2.13.2, ENTITLED "USES (MXE),"BY PROVIDING THAT ENTERTAINMENT USES SHALL BE SUBJECT TO THE ADDITIONAL REGULATIONS IN SECTION 7.5.5.4;AND BY AMENDING ARTICLE V,ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS,"SECTION 7.5.5, ENTITLED "SPECIALIZED USE REGULATIONS,"BY AMENDING AND EXPANDING SECTION 7.5.5.4,ENTITLED "ENTERTAINMENT ESTABLISHMENTS,"BY REORGANIZING THE SECTION,ESTABLISHING DETAILED REQUIREMENTS FOR EACH ZONING DISTRICT INCLUDING LOCATION,OCCUPATIONAL CONTENT,HOURS OF OPERATION,SPECIFIC REQUIREMENTS FOR ENTERTAINMENT USES AS MAIN PERMITTED AND ACCESSORY Business Impact Estimate Page2 USES,STANDARDS FOR NON-CONFORMING USES,MINIMUM DISTANCE SEPARATION, AND THE DELETION OF SECTION 7.5.5.7,ENTITLED "DANCE HALLS";AND PROVIDING FOR CODIFICATION,REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE. Is a Business Impact Estimate Required? ~Yes□No (If no,please check one of the boxes below) If one or more boxes are checked below,this means the City of Miami Beach has determined that a Business Impact Estimate for the above-referenced Ordinance is not required by State law. □The proposed Ordinance is required for compliance with Federal or State law or regulation;□The proposed Ordinance relates to the issuance or refinancing of debt;□The proposed Ordinance relates to the adoption of budgets or budget amendments,including revenue sources necessary to fund the budget;□The proposed Ordinance is required to implement a contract or an agreement, including,but not limited to,any Federal,State,local,or private grant or other financial assistance accepted by the City;□The proposed Ordinance is an emergency ordinance;□The Ordinance relates to procurement;or□The proposed Ordinance is enacted to implement the following: a.Private applications for comprehensive plan amendments and land development regulation amendments; b.Development orders,development permits,and development agreements; c.Sections 190.005 and 190.046,Florida Statutes,regarding community development districts; d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code. If none of the above exceptions apply,this Business Impact Estimate is hereby provided in accordance with Section 166.041 (4),Florida Statutes. 1.Summary A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission Memorandum accompanying the Ordinance,as well as in the recitals to the Ordinance itself,which are attached hereto. 2.An estimate of the direct economic impact of the proposed Ordinance on private,for- profit businesses in the City of Miami Beach,if any: (a)An estimate of direct compliance costs that businesses may reasonably incur; The proposed ordinance does not apply to existing,legally established businesses. Business Impact Estimate Page 3 (b)Any new charge or fee imposed by the proposed Ordinance or for which businesses will be financially responsible; The proposed ordinance does not apply to existing,legally established businesses. (c)An estimate of the City's regulatory costs,including estimated revenues from any new charges or fees to cover such costs. The proposed ordinance would generate no more than nominal additional regulatory costs,which may be associated with increased enforcement activities by applicable City departments. 3.Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance: The proposed ordinance does not apply to existing,legally established businesses. 14.Additional comments: