Ordinance 2025-4703ORDINANCE NO.2025-4703
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 6
OF THE CODE OF THE CITY OF MIAMI BEACH,ENTITLED
"ALCOHOLIC BEVERAGES,"ARTICLE I,ENTITLED "IN
GENERAL,"BY AMENDING SECTION 6-3 THEREOF,ENTITLED
"HOURS OF SALENIOLATIONS,"BY AMENDING SUBSECTION
(a)(9)THEREOF,TO UPDATE THE REQUIREMENTS OF THIS
SUBSECTION;AND PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,the City of Miami Beach is an internationally renowned tourist
destination;and
WHEREAS,due to its domestic and international popularity as a resort and
entertainment destination,many promoted events or concerts,both authorized by City
special event permits and otherwise,occur within the City;and
WHEREAS,dance and other entertainment events that take place at alcoholic
beverage establishments during peak periods (which periods may include,but are not
limited to,New Year's Eve,Super Bowl Weekend,Spring Break,Gay Pride,Memorial
Day Weekend,and Fourth of July),along with most other days and weekends throughout
the year,attract a tremendous number of visitors to the City;and
WHEREAS,throughout the City there are various alcoholic beverage
establishments that are legally permitted to sell or serve alcoholic beverages until
5:00 a.m.,and have directly promoted live musical events,live entertainment,
concerts,or performances ("promoted events");and
WHEREAS,promoted events at alcoholic beverage establishments attract large
crowds to the City,challenging the public safety and quality of life in the City's residential
neighborhoods;placing an enormous strain upon the City's resources;and causing
numerous law enforcement issues and logistical challenges for the City;and
WHEREAS,prior to the commencement of these promoted events,the City's
police department works to validate the event and obtain specific information about the
promoted event in order to take all necessary measures needed to mitigate potential
issues or impacts such as traffic,crowd control,street closures during these time periods;
and
WHEREAS,promoted events take place throughout a multitude of venues in the
entertainment district and other areas of the City nearly every night;and,again,the
majority are the direct result of promoted events that attract a large number of individuals;
and
WHEREAS,the event promoter industry has been radically transformed over the
last decade through the utilization of the internet and other forms of social media,which
enable establishments and event promoters to reach masses of people and attract ever-
larger crowds to these promoted events;and
WHEREAS,promoted events are advertised and marketed on social media to the
"college age"and "twenty-something"demographic,but also have the effect of luring and
enticing younger,underage patrons;and
WHEREAS,the allure of promoted events may also result in facilitating and
encouraging illegal behavior such as underage drinking,engaging in disorderly conduct,
violating the occupancy limits of these alcoholic beverage establishments,and other
conduct and disturbances creating a danger to the health,safety,and welfare of the
public;and
WHEREAS,promoted events cause excessive noise and increased traffic (both
vehicular and pedestrian congestion),thereby directly disturbing the quality of life in the
surrounding neighborhoods,and negatively impacting nearby businesses and residents;
and
WHEREAS,promoted events also result in excessive litter on City streets and
surrounding commercial and residential common areas,from flyers,handbills,liquor
bottles and cans,empty cups and straws,used drug paraphernalia,and other debris;and
WHEREAS,the associated overflowing of crowds upon the public streets and right
of ways disturbs the tranquility and order of the surrounding areas (i.e.,both business
and residential);and
WHEREAS,the City's Police Department must be able to contend with the
influx of these additional persons for promoted events,and is dedicated to the
protection of the City and all its residents,visitors and businesses;and
WHEREAS,City Code Section 6-3(a)(9)currently requires larger alcoholic
beverage establishments provide to the Miami Beach Police Department a minimum
96 hour notification of any promoted event at the larger alcoholic beverage
establishments with a total maximum legal occupant content greater than 350
persons in order to assist the Police Department in preparing for promoted events,
deploying appropriate police resources,and ameliorating a portion of that behavior
and conduct exhibited by intoxicated individuals,which implicates and threatens the
safety,security and welfare of the City's residents,visitors and businesses;and
WHEREAS,"special appearances"and "drop-in/pop-up"appearances by
performers or other celebrities known and/or promoted by larger alcoholic beverage
establishments can also cause the negative impacts to our City that Section 6-3(a)(9)
was intended to address,but the current version of this City Code provision does not
cover these situations;and
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WHEREAS,the Mayor and City Commission desire to adopt the following
amendments,to directly address,and hopefully alleviate,those problems and issues that
are caused,directly and indirectly,by "special appearances"and "drop-in/pop-up"
appearances by performers or other celebrities known and/or promoted by larger
alcoholic beverage establishments.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That those Sections of the City's Alcoholic Beverages Ordinance,as
such Ordinance iscodified in Section 6-3 of the City Code,be amended as follows
and as hereinafter set forth below:
CHAPTER 6
ALCOHOHIC BEVERAGES
ARTICLE I.IN GENERAL
***
Sec.6-3.Hours of sale/violations.
(a)The hours of sale of alcoholic beverages,whether as a permitted main or
accessory use,shall require a state license,and shall be according to the
following schedule:
***
(9)Disclosure Requirements for Alcoholic Beverage Establishments.Any
qualifying alcoholic beverage establishment in the City,which has a promoted
event or concert,must provide the Police Chief or designee with written notification
as to the following:
A.The date(s)of the promoted event or concert;
B.The name of all performer(s)or entertainer(s);
C.The name and contact information of the person or entity who is promoting the
event or concert;
D.The number of tickets sold for the promoted event or concert;and
E.The security plan for the promoted event or concert,which must include the
number of private security personnel to be utilized at the event or concert,and
any request(s)for MBPD off-duty police.
The written notification required pursuant to this subsection must be remitted to the Police
Chief or designee at least ninety-six (96)hours prior to the promoted event or concert,
unless such promoted event or concert is first booked within later than ninety-six (96)
hours of its commencement,in which case written notification must be immediately
remitted to the Police Chief or designee.·prior to the advertisement or marketing of the
promoted-event or concert,(1)within eight (8)hours from the time of booking the
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promoted event or concert;(2)within eight (8)hours from the time any advertising or
marketing is purchased or ordered for the event;(3)within eight (8)hours from the first
time of any advertisement or marketing of the event or performance by any party:or (4)
no less than eight (8)hours before any promoted event or concert begins {whichever is
earliest)
A single written notification of a recurring promoted event or concert,which is provided in
compliance with the disclosure requirements set forth herein,shall be deemed to satisfy
this subsection.Notwithstanding the foregoing,another written notification (consistent
with the disclosure requirements set forth herein)shall be required each time an
alternative or different entertainer is advertised or marketed to perform at any such
recurring promoted event or concert.
For purposes of this subsection,qualifying alcoholic beverage establishment shall mean
each alcoholic beverage establishment in the City having:
1.)a license to sell and/or serve alcoholic beverages until 5:00 a.m.;and
2.)a dance hall designation on its business tax receipt;and
3.)a total maximum legal occupant content greater than 350 250 persons.
For purposes of this subsection,promoted event or concert shall mean any live musical
performance or live entertainment in which an entertainer is advertised or marketed to
perform at an alcoholic beverage establishment or where any perfomer or other celebrity
is scheduled gr kgwn advertised or marketed by anyone to be making a "special
appearance"(or the like)or to appear at the venue as a "drop-in"or "pop-up"(or the like).
F.Penalties.The following penalties shall be imposed for a violation of this
subsection:
1.The penalty for the first violation by a person or entity within a 12-month
period shall be a civil fine of $1,000.00;
2.The penalty for the second or subsequent violation by a person or entity
within a 12-month period shall be a civil fine of $5,000.00;
3,The penalty for the third violation by a person or entity within a 12month
period shall be a civil fine of $5,Q000,and closure of the alcoholic beverage
establishment for a14day period;
4,4After a person or entity receives 4 or more unchallenged or upheld violations
of this subsection within a 12month period,the city may initiate proceedings te
revoke the certificate of use,business tax receipt,or certificate of occupancy
ofthe violator,and deem the alcoholic beverage establishment to be a habitual
offender
3.The penalty shall be $15,000 per violation if the special magistrate finds
the violation to be irreparable or irreversible in nature.For purposes of this
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subsection,a violation shall be irreparable or irreversible in nature if the
promoted event or concert,special appearance,"special appearance"(or
the like),or "drop-in"or "pop-up"appearance (or the like)has already begun
or occurred.
4.After a person or entity receives 3 or more unchallenged or upheld violations
of this subsection within a 12-month period,the city may initiate proceedings to
revoke the certificate of use,business tax receipt.or certificate of occupancy
of the violator,and deem the alcoholic beverage establishment to be a habitual
offender.
***
SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
herebyrepealed.
SECTION 3.SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid.the
remaindershall not be affected by such invalidity.
SECTION 4.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 Miami Beach City Code.The sections of this ordinance may be renumbered
or relettered to accomplish such intention,and the word "ordinance"may be changed to
"section,""article,"or other appropriate word.
SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect on the 8 day or _h7orb ,2025
PASSED AND ADOPTED this ?g day of t ,2025.
ATTEST:7l MAR 0 3 2025 Ste
Rafael E.Granado,City Clerk
(Sponsored by Vice Mayor Takya K.Bhatt)
Underline denotes additions
Strikethrough denotes deletions
Double Underline denotes additions after First Reading
Double Strikethrough denotes deletions after First Reading
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APPROVED AS TO
FORM &LANGUAGE
FOH EXECUTION
Ordinances -R5I
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:
TITLE:
February 26,2025 9:55 a.m.Second Reading Public Hearing
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 6 OF THE CODE OF THE CITY
OF MIAMI BEACH,ENTITLED "ALCOHOLIC BEVERAGES,"ARTICLE I,ENTITLED
"IN GENERAL,"BY AMENDING SECTION 6-3 THEREOF,ENTITLED "HOURS OF
SALENIOLATIONS,"BY AMENDING SUBSECTION (a)(9)THEREOF,TO UPDATE
THE REQUIREMENTS OF THIS SUBSECTION;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached ordinance is presented to the Mayor and City Commission for its consideration on
first reading by the sponsor,Vice Mayor Tanya K.Bhatt.
City Code Section 6-3(a)(9)currently requires larger alcoholic beverage establishments provide
to the Miami Beach Police Department a minimum 96 hour notification of any promoted event at
the larger alcoholic beverage establishments with a total maximum legal occupant content greater
than 350 persons in order to assist the Police Department in preparing for promoted events,
deploying appropriate police resources,and ameliorating a portion of that behavior and conduct
exhibited by intoxicated individuals,which implicates and threatens the safety,security and
welfare of the City's residents,visitors and businesses.
"Special appearances"and "drop-in/pop-up appearances by performers or other celebrities
known and/or promoted by larger alcoholic beverage establishments can also cause the negative
impacts to our City that Section 6-3(a)(9)was intended to address,but the current version of this
City Code provision does not cover these situations.
If adopted,the following amendments will directly address,and hopefully alleviate,those
problems and issues that are caused,directly and indirectly,by "special appearances"and "drop-
in/pop-up"appearances by performers or other celebrities known and/or promoted by larger
alcoholic beverage establishments.
SECOND READING
Between first and second reading,the sponsor considered the City Commission discussion at first
reading,and amended the proposed ordinance to (1)more clearly delineate when an
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establishment must send notice to the City and (2)to reduce the maximum occupancy load for
regulated alcoholic beverage establishments from 350 to 250.
FISCAL IMPACT STATEMENT
NIA
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate {BIE)was published on:2/11/2025
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-172
No
Is this item related to a G.O.Bond
Project?
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 Tanya K.Bhatt
Co-sponsor(s)
Condensed Title
9:55 a.m.24 Rdg,Ch.6,Alcoholic Beverages -Update Requirements.(Bhatt)CA
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Previous Action (For City Clerk Use Only)
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