Ordinance 2024-4654 Entertainment and Supper Club Regulations
(As Amended and Adopted at Second Reading)
ORDINANCE NO 2024-4654
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,
ENTITLED "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 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.
WHEREAS, the Mayor and City Commission desire to amend and enhance the current
requirements in the Land Development Regulations pertaining to entertainment venues; and
WHEREAS, establishments providing entertainment, if not properly regulated, can
become a nuisance and negatively impact adjacent residential properties, the impacts of which
can be difficult to control; and
WHEREAS, entertainment establishments generate noise from music, patrons, and
traffic, particularly during late-night hours, and often result in increased calls for service to the
City's Police, Fire, and Code Compliance Departments; and
WHEREAS, entertainment establishments can negatively impact the character of
neighborhoods and quality of life for surrounding residents and businesses; and
WHEREAS, stricter requirements and additional Planning Board review for entertainment
venues will promote the general health, safety and welfare of the residents of the City; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 1 of the Miami Beach Resiliency Code, entitled"General Provisions,"Article
II, entitled "Definitions," is hereby amended as follows:
CHAPTER 1
GENERAL PROVISIONS
ARTICLE II. DEFINITIONS
* * *
SECTION 1.2.2. USE DEFINITIONS.
* * *
1.2.2.4 Commercial.
* * *
Restaurant Supper Club means a commercial establishment where food and drinks may be
purchased by the public and whose principal business is the preparation, serving, and selling of
food to the customer for consumption on the premises. To be considered a restaurant supper
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club, food must be continuously ready to be prepared, served, and sold during all hours that the
establishment is open for business. Additionally, the following conditions must be satisfied:
a. The establishment shall be licensed as a restaurant and shall obtain all required
restaurant licenses from the State and meet all requirements of the health
department specific to restaurants.
b. The restaurant shall include a full kitchen, including the following minimum
equipment requirements:
1. Cook top and oven.
2. A hood exhaust system along with a fire system connected to the hood.
3. Dish washing apparatus, including a 3-compartment sink.
4. A walk-in refrigerator.
5. Grease trap or interceptor (if required pursuant to the Miami-Dade County
Code).
c. The establishment shall have minimum annual food sales of 40% of the
establishment's gross annual revenue.
SECTION 2. 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
* * *
Section 7.2.5. RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY.
* * *
Section 7.2.5.2. Uses (RM-2).
* * *
b. Supplemental Conditional Uses Regulations (RM-2).
The supplemental conditional uses are as follows:
* * *
5. Washington Avenue. In addition to the conditional uses specified in section 7.2.5.2, and
notwithstanding the provisions of the prohibited uses in section 7.2.5.2, the following regulations
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shall apply to properties that front Washington Avenue between 6th Street and 7th Street,
including those properties between 6th Street and 7th Street that have frontage on Pennsylvania
Avenue (MAP EXHIBIT-5):
A. Restaurants, cafes and/or eating and drinking establishments, which include
entertainment, as an accessory use to a hotel shall require conditional use approval. This
may include establishments that qualify as a neighborhood impact establishment, subject
to all applicable approvals under the neighborhood impact establishment requirements
and provided that any sound associated with outdoor entertainment shall be limited to a
volume that does not interfere with normal conversation (i.e. at an ambient level).
B. Outdoor bar counters shall require conditional use approval, with hours of operation to
be determined by the planning board.
c. Supplemental Accessory Uses Regulations (RM-2).
The supplemental accessory uses are as follows:
1. The accessory uses in the RM-2 residential multifamily, medium intensity district are as
required in section 7.5.4.13
2. Alcoholic beverage establishments pursuant to the regulations set forth in chapter 6 in of
the General Ordinances.
3. Notwithstanding the foregoing, a property that had a legal conforming use as of May 28,
2013, shall have the right to apply for and receive special event permits that contain
entertainment uses.
4. Entertainment uses shall be subject to the requirements in section 7.5.5.4.
* * *
Section 7.2.6. RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY.
* * *
Section 7.2.6.2. Uses (RM-3).
* * *
c. Supplemental Accessory uses Regulations (RM-3).
The supplemental accessory uses are as follows:
1. Those uses permitted in section 7.5.4.13.
2. Alcoholic beverage establishments pursuant to the regulations set forth in chapter 6 in
of the General Ordinances.
3. Accessory outdoor bar counters, pursuant to the regulations set forth in chapter 6 in of
the General Ordinances, provided that the accessory outdoor bar counter is not operated
or utilized between midnight and 8:00 a.m.; however,for an accessory outdoor bar counter
which is located on a property that is abutting a property with an apartment unit, the
accessory outdoor bar counter may not be operated or utilized between 8:00 p.m. and
8:00 a.m.
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4. Oceanfront hotels with at least 100 hotel units may operate and utilize an accessory
outdoor bar counter, notwithstanding the above restriction on the hours of operation,
provided the accessory outdoor bar counter is (i) located in the rear yard, and (ii) set back
20 percent (20%) of the lot width (50 feet minimum) from any property line adjacent to a
property with an apartment unit thereon.
5. RM-3 properties within the "West Avenue Corridor"_NAP EXHIBIT-1) may not have
accessory outdoor entertainment establishments. Notwithstanding the foregoing, a
property that had a Legal Conforming Use as of May 28, 2013, shall have the right to apply
for and receive special event permits that contain entertainment uses.
6. Kennels shall only be for animals belonging to building residents only and would not be
a general boarding facility for people who do not reside in the building.
7. Entertainment uses shall be subiect to the requirements in section 7.5.5.4.
*
Section 7.2.11 CD-2. COMMERCIAL, MEDIUM INTENSITY.
* * *
Section 7.2.11.2. Uses (CD-2).
* * *
a. Supplemental Main Permitted Uses Regulations (CD-2).
The supplemental main permitted uses are as follows:
1. Apartment hotels, hotels, hostels, and suite hotels (pursuant to section 7.5.4.5).
2. Alcoholic beverages establishments pursuant to the regulations set forth in chapter 6 of
the General Ordinances.
3. Alcoholic beverage establishments located in the following geographic areas within the
CD-2 commercial, medium intensity district shall be subject to the additional requirements
set forth in section 7.2.11.2.e:
A. Alton Road corridor. Properties on the west side of Alton Road and east of Alton
Court, between 5th Street and 11th Street, and between 14th Street and Collins
Canal; and properties on the east side of West Avenue, between Lincoln Road and
17th Street, except alcoholic beverage establishments fronting Lincoln Road
between West Avenue and Alton Road. (MAP EXHIBIT-1).
B. Sunset Harbour neighborhood. The geographic area generally bounded by
Purdy Avenue to the west, 20th Street and the waterway to the north, Alton Road
to the east, and Dade Boulevard to the south. (MAP EXHIBIT-2).
4. Entertainment uses shall be subiect to the requirements in section 7.5.5.4.
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*
b. Supplemental Conditional Uses Regulations (CD-2).
The supplemental conditional uses are as follows:
1. Neighborhood impact establishment; however, for properties that front Washington Avenue
from 6th Street to 16th Street or properties containing a contributing structure and located in the
Espanola Way Local Historic District (MAP EXHIBIT-3), a restaurant supper club restaurantwith
a full kitchcn that serves full meals may have entertainment without obtaining conditional use
approval, subject to the following additional requirements:
A. Entertainment shall be restricted to an interior enclosed area; and
B. Occupancy shall not exceed 299 persons
* * *
Section 7.2.12. CD-3 COMMERCIAL, HIGH INTENSITY.
* * *
Section 7.2.12.2. Uses (CD-3).
* * *
a. Supplemental Main Permitted Uses Regulations (CD-3).
The supplemental main permitted uses are as follows:
1.Apartment Hotels, Hotels, Hostels and Suite hotels (Pursuant to section 7.5.4.5).
2. Alcoholic beverage establishments pursuant to the regulations set forth in chapter 6 44 of the
General Ordinances,,ted
3. For those lots fronting that portion of Lincoln Road which is closed to traffic (MAP EXHIBIT-1),
office uses may be located in a mezzanine or, when located on the ground floor, shall be set
back at least 75 feet from the storefront.
4. In addition to the main permitted uses listed in section 7.2.12.2.a, on properties located south
of 17th Street, between Lenox Avenue and Meridian Avenue, and properties with a lot line
adjoining Lincoln Road, from Collins Avenue to Alton Road;(MAP EXHIBIT-2):
A. Dance halls(as defined in section 1.2.2)licensed as alcoholic beverage establishments
shall only operate as restaurant supper clubs - - - - - - ' - -- - - - - -
meals. Additionally, such dance halls;shall be required to install a double door vestibule
at all access points from the sidewalk, with the exception of emergency exits.
5. In addition to the main permitted uses listed in section 7.2.12.2.a, the following uses shall be
permitted above the ground floor on properties with a lot size greater than 50,000 square feet and
with a lot line adjoining Lincoln Road between Collins Avenue and Alton Road:
A. Artisanal retail for on-site sales only;
B. Production studios;
C. Furniture sale establishments larger than 45,000 SF; and
D. Major cultural institutions.
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6. Entertainment uses shall be subject to the requirements in section 7.5.5.4.
7.2.14. NORTH BEACH TOWN CENTER-CORE DISTRICT (TC).
* * *
7.2.14.2. Uses (TC-1, TC-2).
* * *
a. Supplemental Main Permitted Uses Regulation (TC-1, TC-2).
The supplemental main permitted uses are as follows:
1. Alcoholic beverage establishments pursuant to the regulations set forth in chapter 6;
2. The ground story frontage along 71st Street and Collins Avenue shall be governed by
section 7.2.14.4. The provisions of chapter 6 concerning distance separation for
consumption of alcoholic beverages onpremises in restaurants shall not apply to this
district.
3. Kennels are only allowed in the TC-1 District.
4. Entertainment uses shall be subject to the requirements in section 7.5.5.4.
* * *
7.2.14.6. Town Center-Central Core (TC-C) District.
* * *
b. Uses (TC-C).
* * *
2. Supplemental Use Regulations (TC-C).
A. The following supplemental regulations shall apply to specific uses in the TC-C district:
* * *
VII. The following requirements shall apply to indoor entertainment establishments and
outdoor and open air entertainment establishments:
1. Indoor entertainment establishments shall be required to install a double door
vestibule at all access points, except for emergency exits.
2. Indoor entertainment shall cease operations no later than 5:00 a.m. and
commence entertainment no earlier than 9:00 a.m.
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3. Open air entertainment shall cease operations no later than 11:00 p.m. on
Sunday through Thursday, and 12:00 a.m. on Friday and Saturday; operations
shall commence no earlier than 9:00 a.m. on weekdays and 10:00 a.m. on
weekends; however, the planning board may establish stricter requirements.
4. There shall be a maximum of ten alcoholic beverage establishments that are not
also operating as a restaurant or entertainment establishment permitted within this
zoning district. Credits for entertainment establishments shall be allocated on a
first-come, first serve basis as part of an application for land use board approval,
building permit, or business tax receipt, whichever comes first. If said approval,
permit, or receipt expires and the entertainment establishment is not built or
ceases operations, the credits shall become available to new applicants. Any
entertainment establishment permitted in the area of the TC-C district, after
November 7, 2017, shall be counted towards the maximum limit established
herein.
5. Entertainment establishments shall also be restaurant supper clubs rest ts
with ful4 kitchens Such restaurant supper clubs restaurant&shall be open and able
to serve food at a minimum between the hours of 10:00 a.m. and 2:00 p.m. on
days in which the entertainment establishment will be open and additionally during
hours in which entertainment occurs and/or alcohol is sold.
6. Entertainment uses shall be subiect to the requirements in section 7.5.5.4.
*
Section 7.2.13. MXE MIXED USE ENTERTAINMENT DISTRICT.
* * *
Section 7.2.13.2. Uses (MXE).
* * *
c. Supplemental Accessory Uses Regulations (MXE).
The supplemental accessory uses are as follows:
1. Those uses permitted in section 7.5.4.13.
2. Uses that serve alcoholic beverages are also subject to the regulations set forth in chapter
6 in of the General Ordinances.
3. Accessory outdoor bar counters, pursuant to the regulations set forth in chapter 6 in of the
General Ordinances, provided that the accessory outdoor bar counter is not operated or
utilized between midnight and 8:00 a.m.; however,for an accessory outdoor bar counter which
is located on a property that is abutting a property with an apartment unit, the accessory
outdoor bar counter may not be operated or utilized between 8:00 p.m. and 8:00 a.m.
4. Oceanfront hotels with at least 100 hotel units may operate and utilize an accessory outdoor
bar counter, notwithstanding the restriction on the hours of operation, set forth in
section 7.2.13.2.c.1. 7.2.13.2.c.3, provided the accessory outdoor bar counter is located in
the rear yard and set back 20 percent (20%) of the lot width (50 feet minimum) from any
property line adjacent to a property with an apartment unit thereon.
5. Accessory uses shall be subject to the supplemental accessory use regulations in
section 7.2.13.2.d.
6. Entertainment uses shall be subject to the requirements in section 7.5.5.4.
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ARTICLE V: SUPPLEMENTARY DISTRICT REGULATIONS.
* * *
7.5.5 SPECIALIZED USE REGULATIONS.
* * *
7.5.5.4 ENTERTAINMENT ESTABLISHMENTS.
a. Locations and minimum requirements. Unless otherwise provided in this Code,
entertainment, including, but not limited to, outdoor entertainment establishment, open air
entertainment establishment, neighborhood impact establishment, dance hall or after-hours
dance hall shall only be permitted within the following designated areas of the city and in
accordance with the corresponding requirements for such areas.
1. RM-1 District
L Entertainment, including, but not limited to, outdoor entertainment establishment, open air
entertainment establishment, neighborhood impact establishment, dance hall or after-
hours dance hall shall not be permitted in the RM-1 district, unless otherwise noted herein.
ii. For properties located in the Collins Waterfront Historic District, which are individually
designated as a Local Historic Site, dance halls, entertainment establishments and
neighborhood impact establishments may only be permitted as a conditional use as part
of a hall for hire, in accordance with section 7.2.4.2.b.1.
iii. For properties located north of Normandy Drive having a lot area greater than 30,000
square feet, which are individually designated as a Local Historic Site, accessory indoor,
outdoor and open air entertainment establishments consisting of ambient performances
only, may only be permitted as a conditional use, in accordance with section 7.2.4.2.b.3.
2. RM-2 District:
L For properties located on Washington Avenue, from 6th to 7th Street, restaurants, cafes
and/or eating and drinking establishments may include entertainment, as an accessory
use to a hotel, subject to conditional use approval, and provided that any sound associated
with outdoor entertainment shall be limited to a volume that does not interfere with normal
conversation (i.e., at an ambient level). in accordance with section 7.2.5.2.b.5.
ii. Existing religious institutions located on properties in the Museum Historic Preservation
District, which contain a contributing structure, entertainment establishments may only be
permitted as a conditional use as part of a hall for hire, in accordance with section
7.2.5.2.b.3.
iii. For eligible properties located in the Collins Park Arts District Overlay, accessory indoor,
and outdoor entertainment establishments may only be permitted as a conditional use, in
accordance with section 7.3.4.
iv. For eligible properties located in the FAENA District Overlay, a place of assembly may
provide dancing associated with an event, in accordance with section 7.3.5.
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3. RM-3 Districts:
L Outdoor and open-air entertainment, regardless of occupational content, shall require
conditional use approval, and shall only be permitted as an accessory use to a hotel, if a
hotel is permitted. Additionally, outdoor and open-air entertainment shall only be permitted
as part of a restaurant supper club.
ii. Indoor entertainment shall only be permitted as an accessory use to a hotel, if a hotel use
is permitted, and only as part of a restaurant supper club or as part of an indoor venue
that does not serve alcohol past 2:00 a.m. Notwithstanding the foregoing, indoor
entertainment may also be permitted as an accessory use to a hotel in establishments not
operating as a restaurant supper club serving alcohol past 2:00 a.m. that if (i) the
establishment is are fully enclosed and located entirely within a hotel, if a hotel use is
permitted, (ii)the hotel is located in a local historic district or if the hotel 's located ou side
of a local historic district the hotel must have with 200 or more rooms and iii the
establishment has ve no direct access to or from the street and are is only accessed from
within the confines of the hotel.
iii. Indoor entertainment, regardless of occupational content, shall require conditional use
approval.
4 CD-2, CD-3, T-CC, TC-1, TC-2 and MXE Districts:
L Outdoor and open-air entertainment, regardless of occupational content, shall require
conditional use approval, and shall only be permitted as part of a restaurant supper club.
ii. Indoor entertainment shall be permitted as part of a restaurant supper club or as part of
an indoor venue that does not serve alcohol past 2:00 a.m.
•_ _ "e••' - = ===•"=, With the exception of the TC-C district, indoor
entertainment may alse be permitted in establishments not operating as a restaurant
supper club serving alcohol past 2:00 a.m. that if the establishment(i) is are an accessory
use to a hotel if a hotel use is •ermitted ii are is full enclosed and located entirel within
a hotel that is within a local historic district or. if the hotel is located outside of a local
historic district, the hotel must have with 200 or more rooms, and (iii) the establishment
has have no direct access to or from the street and is are only accessed from within the
confines of the hotel.
iv. Indoor entertainment may be permitted in establishments not operating as a restaurant
supper club serving alcohol past 2:00 a.m.that are located on the east side of Washington
Avenue between the north side of 8th Street and the south side of 14th Street.
v. Indoor entertainment, located within an establishment having an occupational content
exceeding 199 •ersons shall re•uire conditional use a••royal.
vi. For eligible properties located in the Collins Park Arts District Overlay, accessory outdoor
entertainment establishments may only be permitted as a conditional use, in accordance
with section 7.3.4.
vii. For eligible properties located in the Ocean Terrace Overlay, accessory outdoor
entertainment establishments and open air entertainment establishments may only be
permitted as a conditional use, in accordance with section 7.3.6.
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viii. For eligible properties that front Washington Avenue from 6th Street to 16th Street, or
properties containing a contributing structure and located in the Espanola Way Local
Historic District. a restaurant supper club may have entertainment without obtaining
conditional use approval, in accordance with section 7.2.11.2.b.1.
ix. In the Sunset Harbour Neighborhood. generally bounded by Purdy Avenue, 20th Street,
Alton Road and Dade Boulevard. outdoor entertainment establishments, open air
entertainment establishments, dance halls and entertainment establishments shall be
prohibited.
5. CCC and GU districts.
Entertainment, including, but not limited to, indoor entertainment, outdoor entertainment
establishment, open air entertainment establishment, dance hall or after-hours dance hall shall
be subject to the approval of the City Commission.
6. All other districts.
Unless expressly listed herein, entertainment, including, but not limited to, indoor entertainment,
outdoor entertainment establishment, open air entertainment establishment, dance hall or after-
hours dance hall shall not be permitted.
7. Nonconforming entertainment establishments. •
Legally established entertainment venues, which may or may not have an active conditional use
permit (CUP), including, but not limited to, outdoor entertainment establishments, open air
entertainment establishments, neighborhood impact establishments, dance halls and after-hours
dance halls, may continue to operate in accordance with all other applicable regulations of the
city code, as well as the requirements of a current CUP, if applicable. However, any such
establishment that is non-conforming shall not be permitted to be enlarged, relocated or
expanded, in any way (and no CUP may be modified in such a manner as to permit an
enlargement or expansion), and any such establishment shall be subject to all applicable
regulations set forth in chapter 2, article XII of these land development regulations, entitled
"Nonconformities."
b. Planning Board rReview guidelines.
1. In reviewing an application for an outdoor entertainment establishment, open air
entertainment establishment, neighborhood impact establishment, dance hall or after-
hours dance hall, the planning board shall apply the following supplemental review
guidelines criteria in addition to the standard review guidelines for conditional uses
pursuant to Section 2.5.2:
A. An operational/business plan which addresses hours of operation, number of
employees, menu items, goals of business, and other operational characteristics
pertinent to the application.
B. A parking plan which fully describes where and how the parking is to be provided and
utilized, e.g., valet, self-park, shared parking, after-hour metered spaces and the
manner in which it is to be managed.
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C. An indoor/outdoor crowd control plan which addresses how large groups of people
waiting to gain entry into the establishment, or already on the premises will be
controlled.
D. A security plan for the establishment and any parking facility, including enforcement of
patron age restrictions.
E. A traffic circulation analysis and plan which details the impact of projected traffic on
the immediate neighborhood and how this impact is to be mitigated.
F. A sanitation plan which addresses on-site facilities as well as off-premises issues
resulting from the operation of the establishment.
G. A noise attenuation plan which addresses how noise will be controlled to meet the
requirements of the noise ordinance.
H. Proximity of proposed establishment to residential uses.
I. Cumulative effect of proposed establishment and adjacent pre-existing uses.
Note: For purposes of this section, "full kitchens" shall m an having commercial grade
the occupancy content of the establishment. Full kitchens must contain grease trap
c. Appeal of a determination regarding outdoor entertainment establishment, open air
entertainment establishment, neighborhood impact establishment, dance hall or an
after-hours dance hall.
When it is alleged that there is an error made by an administrative official in the enforcement
of these land development regulations with regard to the determination of the use of a property
as an outdoor entertainment establishment, open air entertainment, neighborhood impact
establishment, or after-hours dance hall, such appeal shall be to the zoning board of
adjustment pursuant to chapter 2, article IX of these Land Development Regulations.
d. Patron age restriction and hours of operation for after-hours dance halls.
After-hours dance halls may not admit patrons under the age of 21 and may only operate
between the hours of 10:00 p.m. Friday to 8:00 a.m. Saturday, from 10:00 p.m. Saturday to
8:00 a.m. Sunday, and from 10:00 p.m. on any day preceding a national holiday to 8:00 a.m.
on the national holiday.
e. Minimum distance separation requirements.
1. Minimum distance separation.
A. The minimum distance separation between entertainment establishments, including,
but not limited to, outdoor entertainment establishment, open air entertainment
establishment, dance a ha_ll or after-hours dance hall, which are licensed to sell alcoholic
beverages and not also operating as restaurant supper clubs, shall be 300 feet.
B. The minimum distance separation between dance e halls not licensed to sell alcoholic
beverages shall be 300 feet.
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2. Determination of minimum distance separation.
A. For purposes of determining the minimum distance separation, the requirement shall
be determined by measuring a straight line between the principal means of entrance of
each use.
B. When a distance separation is required, a scaled survey drawn by a registered land
surveyor shall be submitted attesting to the separation of the uses in question. This
requirement may be waived upon the written certification by the planning director that
the minimum distance separation has been met.
f. Variances. Variances from any of the requirements of this section 7.5.5.4 shall be prohibited.
* *
7.5.5.7 DANCE HALLS
b. Generally.
A. As per subsection 6 4(a)(0)of the General Ordinances, the minimum distance
300 feet.
a The minimum distance separation between dance halls not licensed to sell
A. For purposes of dctcrmining the minimum distance separation, the
requirement shall be determined by measuring a straight line between the
principal means of entrance of each use.
B. When a distance separation is required, a scaled survey drawn by a registered
met.
3. Variances. Variances to the provisions of this section may be granted pursuant to the
procedure in section 2.8.1 et seq.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, 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 as
amended;that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
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SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. APPLICABILITY.
1. Any existing business that by July 30. 2024, had a permit process number with the City
of Miami Beach, for the expansion of seating or occupancy. shall be exempt from the limitations
of enlar•emen and ex•ansion listed in Section 7.5.5.4 hereof and shall be •ermi ed to enlar•e
or expand its occupancy and/or seating capacity consistent with (i) all applicable regulations in
'lace •riorto Jul 30 2024 as well as ii the •ermit a.•lication and retain its le•al nonconformin•
entertainment establishment status. If the permit is abandoned or becomes expired. for any
reason, the business shall be subject to all the limitations and regulations enumerated herein.
2. This Ordinance shall not apply to properties in the RM-3 district that have an active land
use board application with a hearing file number and where a notice to proceed to public hearing
has been issued by the City prior to September 1, 2024. For future revisions to any such
application. or a new application at the property, the Land Development Regulations existing at
the time of the revision or new application shall apply.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 30 day of ac4der 2024.
IPlj. ORED`
;.. �e� Steven Meiner, Mayor
ATTEST: � ..., :a
7(YI APPROVED AS TO
NOV 2024 FORM AND LANGUAGE
Rafael E. Granado, City Clerk & FOR EXECUTION
First Reading: September 11, 2024 07a I I h7...1 24774.-
Second Reading: October 0, 2g24 City Attorney LW.,_ Date
Verified By: / 1 Sponsored by Commissioner David Suarez
Thomas 'V gone,F AICP
Planning Director
T:Wgenda\2024\9 October 2024\Planning\Entertainment and Supper Club Regulations-Second Reading ORD ADOPTED.docx
14
Ordinances - R5 0
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: October 30, 2024 11:15 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 1 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "GENERAL PROVISIONS" BY AMENDING
SECTION 1-15, ENTITLED "FEE SCHEDULE," BY AMENDING APPENDIX "A"
THEREOF TO REPEAL AUTOMATIC 5-YEAR CONSUMER PRICE INDEX
ADJUSTMENTS TO PARKING RATES; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 10/11/2024
See BIE at: https://www.miamibeachfl.qov/city-hall/city-clerk/meeting-notices/
p.
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Page 955 of 2497
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?
Yes No
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
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Commissioner David Suarez
Commissioner Tanya K. Bhatt
Commissioner Laura Dominguez
Commissioner Joseph Magazine
Mayor Steven Meiner
Commissioner Kristen Rosen Gonzalez
Co-sponsor(s)
Condensed Title
11:15 a.m. 2nd Rdg, Repeal Auto CPI Adjust-Resident Parking Rates.
(AF/DS/TB/LD/JM/SM/KRG) CA
Page 956 of 2497
Ordinances - R5 P
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: October 30, 2024 5:01 p.m. Second Reading Public Hearing
TITLE: 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
REGULATIQNS ; 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, ENTITLED "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
Page 957 of 2497
ENTERTAINMENT USES AS MAIN PERMITTED AND ACCESSORY 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.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUND/HISTORY
On April 3, 2024, at the request of Commissioner David Suarez, the City Commission referred
two discussion items (C4 C and C4 D) regarding entertainment uses and supper clubs, to the
Land Use and Sustainability Committee (LUSC) and the Planning Board. On May 1, 2024, the
LUSC discussed and continued both items to the June 10, 2024, LUSC meeting.
Subsequent to the May 1, 2024 LUSC meeting, at the request of the item sponsor, both items
were combined into a single ordinance. On June 10, 2024, the LUSC moved the proposed
ordinance to the Planning Board with a recommendation to allow stand-alone entertainment
establishments within fully enclosed hotels.
ANALYSIS
Background
At present, entertainment and dance halls (which include nightclubs) are listed as a permitted or
conditional use, either as a stand-alone use or as part of a restaurant, in the following zoning
districts:
• CD-2 (Except for Sunset Harbor)
• CD-3 (Restaurants only on Lincoln Road)
• MXE
• RM-2 and RM-3 (Accessory Use Only)
• RM-1 (Site Specific — the International Inn in North Beach and the Woman's Club in South
Beach)
• TC-1, TC-2 and TC-C (North Beach)
The following areas that are eligible for entertainmeneand dance halls have a 2:00 a.m. alcohol
sale termination time:
• Alton Road from 5th Street to Dade Boulevard.
• 41st Street.
Additionally, entertainment and dance halls are permitted in a venue serving alcohol, in
accordance with the following:
• Fully enclosed, indoor venues, including bars, nightclubs and restaurants, are permitted as of
Page 958 of 2497
right, if the occupational content is less than 200 persons.
• Fully enclosed, indoor venues, including bars, nightclubs and restaurants, require conditional
use approval from the Planning Board, if the occupational content exceeds 200 persons.
• Outdoor or open-air venues, regardless of occupational content, require conditional use
approval from the Planning Board.
The minimum distance separation between dance halls and entertainment establishments not
also operating as restaurants with full kitchens and serving full meals is 300 feet; requests for a
distance separation variance are permitted. However, for dance halls and entertainment
establishments also operating as a restaurant, there is no distance separation requirement
between such uses. Additionally, the Code has the following minimum standards for a restaurant
associated with a dance hall or entertainment establishment:
For purposes of this section, 'Tull kitchens"shall mean having commercial grade burners,
ovens and refrigeration units of sufficient size and quantity to accommodate the
occupancy content of the establishment. Full kitchens must contain grease trap
interceptors, and meet all applicable city, county and state codes.
Amendment Summary
The following is a summary of the attached ordinance, as modified for Second Reading:
Definitions
A definition for a "Restaurant Supper Club" has been added to section 1.2.2.4 as follows:
Restaurant Supper Club means a commercial establishment where food and drinks may be
purchased by the public and which conducts the business of serving of food to be consumed on
the premises, whose principal business is the preparation, serving, and selling of food, to the
customer for consumed [consuming] on the premises. Food shall be continuously ready to be
prepared, served, and sold during all business operational hours for a restaurant supper club use.
Additionally, the following shall apply:
a. The establishment shall be licensed as a restaurant and shall obtain all required restaurant
licenses from the State and meet all requirements of the health department specific to restaurants.
b. The restaurant shall include a full kitchen, including the following minimum equipment
requirements:
1. Cook top and oven.
2. A hood exhaust system along with a fire system connected to the hood.
3. Dish washing apparatus, including a 3-compartment sink.
4. A walk-in refrigerator.
5. Grease trap interceptor(if required).
c. The establishment shall have minimum annual food sales of 40%.
rte,( r ti
This new definition significantly increases the threshold for what constitutes a supper club
restaurant use. Under the current definition of restaurant, it is easy for a venue to provide little
more than snacks and bar bites, yet still be considered a restaurant.
Amendments to Applicable Zoning Districts
All districts that currently permit entertainment, in some form, have been modified to be consistent
with proposed, comprehensive entertainment regulations in section 7.5.5.4.
Comprehensive Regulations for Entertainment
Section 7.5.5.4 has been significantly revised to include a comprehensive, and clear set of
regulations for entertainment uses in all applicable zoning districts. These regulations apply to
Page 959 of 2497
indoor entertainment establishment, outdoor entertainment establishment,open air entertainment
establishment, neighborhood impact establishment, dance hall and after-hours dance hall. The
following is a summary of the proposed changes:
RM-1 District:
• Clarifies that entertainment is not permitted in the RM-1 district, with the exception of the
International Inn and Miami Beach Women's Club sites, which have previously approved
regulations.
RM-2 District:
• Existing limited areas and sites, including hotels on Washington Avenue between 6th and
7th Streets, Temple Emmanuel, the Collins Park Arts District Overlay and the FAENA
District Overlay, retain previously approved regulations.
RM-3 District:
• Outdoor and open-air entertainment, regardless of occupational content, shall continue to
require conditional use approval,and shall only be permitted as part of a restaurant supper
club that is an accessory to a hotel use.
• Indoor entertainment shall only be permitted as an accessory use to a hotel, if a hotel use
is permitted, and only as part of a restaurant supper club or as part of an indoor venue
that does not serve alcohol past 2:00 a.m.
• Indoor entertainment may also be permitted in establishments not operating as a
restaurant supper club serving alcohol past 2:00 a.m. that(i)are fully enclosed and located
entirely within a hotel, if a hotel use is permitted, with 200 or more rooms, and (ii) have no
direct access to or from the street and are only accessed from within the confines of the
hotel.
• Indoor entertainment, regardless of occupational content, shall require conditional use
approval.
CD-2, CD-3, T-CC, TC-1, TC-2 and MXE Districts:
• Outdoor and open-air entertainment, regardless of occupational content, shall continue to
require conditional use approval,and shall only be permitted as part of a restaurant supper
club.
• Indoor entertainment shall be permitted as part of a restaurant supper club or as part of
an indoor venue that does not serve alcohol past 2:00 a.m.
• Except for the TC-C district, indoor entertainment may also be permitted in establishments
not operating as a restaurant supper club serving alcohol past 2:00 a.m. that (i) are an
accessory use to a hotel, if a hotel use is permitted, (ii) are fully enclosed and located
entirely within a hotel with 200 or more rooms, and (iii) have no direct access to or from
the street and are only accessed from within the confines of the hotel.
• Indoor entertainment may also be permitted in establishments not operating as a
restaurant supper club serving alcohol past 2:00 a.m. that are located on the east side of
Washington Avenue from 8th to 14th Streets.
• Indoor entertainment, located within an establis`'hmett having an occupational content (7..
exceeding 199 persons, shall require conditional use approval.
• Existing limited areas and sites, including Washington Avenue, the Collins Park Arts
District Overlay and the Ocean Terrace Overlay, retain previously approved regulations.
CCC and GU districts:
All entertainment continues to be subject to the approval of the City Commission.
Nonconforming Entertainment Establishments:
Provisions pertaining to legally established entertainment venues, including those with an active
conditional use permit (CUP), have been included.
Page 960 of 2497
Minimum Distance Separation Requirements: _
All existing minimum distance separation requirements have been retained and clarified, as
follows:
• The minimum distance separation between entertainment establishments, including, but
not limited to, outdoor entertainment establishment, open air entertainment establishment,
dance hall or after-hours dance hall, which are licensed to sell alcoholic beverages and
not also operating as restaurant supper clubs, shall be 300 feet.
• The minimum distance separation between dance halls not licensed to sell alcoholic
beverages shall be 300 feet.
Variances:
Variances from any of the requirements of section 7.5.5.4 would now be prohibited.
Applicability
Separate applicability provisions are included, which are specific to applications that were in the
approval process prior to First Reading.
PLANNING BOARD REVIEW
On July 24, 2024, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0). At the request of an
affected property owner, the Planning Board also recommended that the following applicability
provision be included:
Any existing business that by July 30, 2024, had a permit process number with the City of
Miami Beach, for the expansion of seating or occupancy, shall be exempt from the
limitations of enlargement and expansion listed in Section 7.5.5.4 hereof, and shall be
permitted to enlarge or expand its occupancy and/or seating capacity consistent with all
applicable regulations in place prior to July 30, 2024, as well as the permit application, and
retain its legal nonconforming entertainment establishment status. If the permit is
abandoned or becomes expired, for any reason, the business shall be subject to all the
limitations and regulations enumerated herein.
This applicability provision has been included in the attached ordinance for Second Reading.
UPDATE
On September 11, 2024, the City Commission approved the ordinance at First Reading, including
a waiver of the applicable fees based on circumstances unique to the proposed amendment. The
City Commission also referred the ordinance to the LUSC for additional discussion, prior to
Second Reading. The ordinance was discussed at the October 14, 2024 LUSC meeting, and the
LUSC endorsed the legislation with an additional recommendation to increase the occupancy
threshold in commercial districts from 125 persons to 199 persons.
Based on the direction of the City Commission at First Reading, as well as the recommendation
of the LUSC on October 14, 2024, the attached ordinance for Second Reading has been revised
with the following modifications:
1. The following applicability provisions have been added, to address specific, pending
applications:
a. Any existing business that by July 30, 2024, had a permit process number with the City of
Miami Beach, for the expansion of seating or occupancy, shall be exempt from the
limitations of enlargement and expansion listed in Section 7.5.5.4 hereof, and shall be
permitted to enlarge or expand its occupancy and/or seating capacity consistent with all
Page 961 of 2497
applicable regulations in place prior to July 30, 2024, as well as the permit application,
and retain its legal nonconforming entertainment establishment status. If the permit is
abandoned or becomes expired, for any reason, the business shall be subject to all the
limitations and regulations enumerated herein.
b. This Ordinance shall not apply to properties in the RM-3 district that have an active land
use board application with a hearing file number and where a notice to proceed to public
hearing has been issued by the City prior to September 1, 2024. For future revisions to
any such application, or a new application at the property, the Land Development
Regulations existing at the time shall apply.
2. A clarification pertaining to the existing prohibition of entertainment in the Sunset Harbor
neighborhood has been added to section 7.5.5.4.
3. The regulations specific to entertainment uses in supper clubs along Washington Avenue in
the CD-2 district have been extended to applicable properties on Espanola Way.
4.A geographic boundary along the east side of Washington Avenue,from 8th Street to 14th Street,
has been proposed, which would permit non-supper club entertainment venues serving alcohol
until 5:00 A.M.
5. The occupancy threshold for conditional use approval in commercial districts has been
increased from 125 persons to 199 persons.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 8/14/2024.
See BIE at: https:l/www.miamibeachfl.govlcity-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
N/A
CONCLUSION
The Administration recommends that the City Commission adopt theyordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know" items Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Page 962 of 2497
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 David Suarez
Co-sponsor(s)
Condensed Title
5:01 p.m. 2nd Rdg, Entertainment and Supper Club Regulations. (Suarez) PL 5/7
S 4
Page 963 of 2497
•
SUNDAY OCTOBER U 2024 I I NEIGHBORS N i 135W
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ENTERTAINMENT AND SUPPER CLUB REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE "MIAMI BEACH RESILIENCY CODE," BY CREATING A
DEFINITION FOR RESTAURANT SUPPER CLUB; PROVIDING THAT ENTERTAINMENT USES
SHALL BE SUBJECT TO ADDITIONAL REGULATIONS; AMENDING THE REQUIREMENTS
FOR DANCE HALLS TO PROVIDE THAT ENTERTAINMENT USES SHALL BE SUBJECT
TO ADDITIONAL REGULATIONS; ESTABLISHING DETAILED REQUIREMENTS FOR EACH
ZONING DISTRICT INCLUDING LOCATION, OCCUPATIONAL CONTENT, HOURS OF
OPERATION, SPECIFIC REQUIREMENTS FOR ENTERTAINMENT USES AS MAIN PERMITTED
AND ACCESSORY USES, STANDARDS FOR NON-CONFORMING USES, MINIMUM DISTANCE
SEPARATION; AND DELETING SECTION 7.5.5.7, ENTITLED "DANCE HALLS"
OCTOBER 30, 2024
CITY COMMISSION MEETING
NOTICE IS HEREBY GIVEN dint on October 30,2024,at 6:01 p.m.,or as soon'hereafter as the maims eon bo Mord,the Mayor and City Commissioners of the City of MIamI Beach wit hold a Second Reading/Public
Hearing on the'allowing prgpcsed Ordinance:
ENTERTAINMENT AND SUPPER CLUB REUll1.1=NS
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 PROVICIONC.'ARTICLE IL ENTITLED'DEFINITIONS,'RECTION 1.22,ENTITLED'UCE DCFINITIONG,'AT DUOOECTION 1.22,4.ENTITLED'COMMERCIAL.'DY CREATING A DEFINITION FOR RCOTAURANT
SUPPER CLUB:AND BY AM.DNDING 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(R1.1.2).'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 11M-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"CC-2 COMMERCIAL.MEDIUM INTENSITY,'AT SUBSECTION 7.2.11.2.ENTITLED'USES(CD-21.'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'CO-3 COMMERCIAL HIGH
INTENSITY;AT SUBSECTION 7.1.12.2,ENTITLED'USES(CD-3);BY AMENDING 7HE 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 ITC);AT SUBSECTION 7.2.14.2,ENTITLED'USES
(T01,TC-2);BY PROVIDING THAT ENTERTAINMENT USES SHALL BE SUBJECT TO THE ADDITIONAL REGULATIONS IN SECTION 7.5.5.4;BY AMENDING SECTION 7.214.5.ENTITLED'TOWN CENTER-CENTRAL CORE ITC-CI
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,ENTITLED'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 75.5.4,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 USED.STANDARDS FOR NON-CONFORMING USES.MINIMUM DISTANCE SEPARATION.
AND THE DELETION OF SECTION 7.5.6.7,ENTITLED'DANCE HALLS';AND PROVIDING FOR CODIFICATION.REPEALER,SEVERABILITY.AND AN EFFECTIVE DATE.This Ordinance is bring hoard pursuant fo Chapter 2.Article IV
of the Resiliency Code.Inquiries may bo dkoctod to the Planning Dopoilmont al 305073.7650
During the October 30,2024,Commission Meeting,the City el Miami Beech will host a Hybrid Commission Meeting.During the Hybrid Commission Meeting,the City Commission will be physlcaIN present In the Cemmisaion
Chamber,located al 1700 Convention Cantor Drive,3"Floor,Mlaml Beach,Florida 33139.
Members of the public who wish to attend this Commmslon Mooting or provMe public cornmenl in person may appear at the Commission Chamber.Applicants and members of No public who wish to participate or provide
comment virtually during the Commission Maotln0 may join the wobbnar m'mattps'//miomibcechRtluvaag5ldts/N81392857671 or via telephone st:1.306.224.1868(V.S.)or 068.475.4459(Toll-free).Webinur ID:B1302867671'7.
Members of the public wanting to speak virtually on en Item during tho mooting mus'click No'reWse hand"icon 2 using The Zoom app or press'B on the telephone to raise Their hand.
INTERESTED PARTIES aro Invited to take part in This mooting or be represented by en agent.The public may submitwritten comments on Conenission Meeting Items by either submitting en°Comment through the agenda page
at, ..and clicking the comment bubble Icon In the"Curren'and Upcoming Meetings'section or by nmalkng Cih'Clnrk"minmlhonchtI cog with the Agenda Item Number in the
subject line Comments received.In either formal wig be accepted until 5:110 p.m.the day before the meeting.A0 submissions wig be forwarded U the Mayor and Commissioners and included in the meeting record.
Caalea of Agenda Items are available for public Inspection at titles:/lwww.miomlboaahfl,noylclv4rn0/ally-clnrkranondg Thls meeting,or ant Gore therein,may be continued.and under such circumstances.additional legal
notice need nal be prodded.
Pursuant to Section 286.0105,Fla.Slot,the City hereby advises the public that iT a porton decides ha appeal any decision made by Iho City Commission concerning any matter considered of Its meeting or its hearing,
such person must ensure that a vorbalim record of the proceedings Is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by ma City Tor rho
introduction or admIsston or othervdse InodmIsslble or Irrelevant evidence,nor docs It 00150,de challenges or appeals not otherwise allowed by law.
To request 1111s material in an alternate format a sign fandango interpreter(five-day notice required).Information on access Tar persons with disabilities,andto:any accommodation to review any document or participate in any
City-sponsored proceedings,call 305,6042A0A(2232)and select 1 for English or 2 for Spanish TTY users may call Ho 711{Florida Relay Service,.
The City Commission Meeting will be broadcast Far on Miami Deech N(MOTV),viewable on the City's webeito at b5g2,J/enwaminmibeechll noolnevornmenl/mbiv/as mill as on Drecrellne Cable channel GGO or 2004(113).
ATV U-verso channel 99,Hotwiro Commurlications channel 395,and ROKU device on PEG-1V channel,and an social modia of hilna7twsnt lnccbook tomcrwgfrgja nbonch.
To review the Business illpad Estimates for the above proposed Ordinance,please visit haul Avrreirnrannbuchtt aovicihrhatticav-clorkruseetino-noticcs4
Eatkina
Meeting attendees can Dark at the Cay Hall Garage,1755 Meridian Avenue,Miami Beach,FL 33138.
Rafael E.Granada,City Clerk
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305.6/3./411
AD:10302024-06
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