BIE - Distance Separation Exemptions for Adult Material in Retail Cosmetics Stores (5/23/2025)
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
MEETING DATE: June 25, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
DISTANCE SEPARATION EXEMPTIONS FOR ADULT MATERIAL IN RETAIL COSMETICS
STORES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 1, ENTITLED “GENERAL PROVISIONS,” ARTICLE II, ENTITLED
“DEFINITIONS,” SECTION 1.2.2, ENTITLED “USE DEFINITIONS,” BY ADDING A DEFINITION
FOR “COSMETICS STORE,” AND BY AMENDING CHAPTER 7, ENTITLED “ZONING
DISTRICTS AND REGULATIONS,” ARTICLE V, ENTITLED “SUPPLEMENTARY DISTRICT
REGULATIONS,” SECTION 7.5.5, ENTITLED “SUPPLEMENTARY USE REGULATIONS,”
SECTION 7.5.5.2, ENTITLED “ADULT ENTERTAINMENT,” BY CREATING EXEMPTIONS
FROM THE DISTANCE SEPARATION REQUIREMENTS FOR COSMETIC STORES, WHERE
ADULT MATERIAL CONSTITUTES LESS THAN 20% OF THE FLOOR AREA OF THE
ESTABLISHMENT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
X 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;
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Business Impact Estimate
Page 2
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, provided at First Reading and 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.
(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 administration 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.
4. Additional comments:
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Ordinances - R5 T
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:May 21, 2025 10:40 a.m. First Reading Public Hearing
TITLE:DISTANCE SEPARATION EXEMPTIONS FOR ADULT MATERIAL IN RETAIL
COSMETICS STORES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 1, ENTITLED “GENERAL
PROVISIONS,” ARTICLE II, ENTITLED “DEFINITIONS,” SECTION 1.2.2,
ENTITLED “USE DEFINITIONS,” BY ADDING A DEFINITION FOR ‘COSMETICS
STORE’, AND BY AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS AND
REGULATIONS,” ARTICLE V, ENTITLED “SUPPLEMENTARY DISTRICT
REGULATIONS,” SECTION 7.5.5, ENTITLED “SUPPLEMENTARY USE
REGULATIONS,” SECTION 7.5.5.2, ENTITLED “ADULT ENTERTAINMENT”, BY
CREATING EXEMPTIONS FROM THE DISTANCE SEPARATION
REQUIREMENTS FOR COSMETIC STORES, WHERE ADULT MATERIAL
CONSTITUTES LESS THAN 20% OF THE FLOOR AREA OF THE
ESTABLISHMENT; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) approve
the ordinance at First Reading and schedule a Second Reading public hearing for June 25, 2025.
BACKGROUND/HISTORY
On February 26, 2025, at the request of Commissioner Kristen Rosen Gonzalez, the City
Commission referred the proposed ordinance to the Planning Board (C4 H).
ANALYSIS
The following are existing definitions in Chapter 1 of the Land Development Regulations of the
City Code (LDRs) pertaining to adult entertainment and adult material:
Adult bookstore means an establishment which sells, offers for sale or rents adult material for
commercial gain. This definition includes establishments selling or renting adult videos when
applicable under the above-stated conditions.
Adult entertainment establishment means any adult bookstore, adult booth, adult motion picture
theater or nude dancing establishment as defined in this section.
Adult material means one or more of the following, regardless of whether it is new or used:
a. Books, magazines, periodicals or other printed matter; photographs, films, motion pictures,
videocassettes, slides or other visual representations; recordings, other audio matter; and
novelties or devices, including, but not limited to, clothing, food, drinks, materials for preparing
food and drinks; which have as their primary or dominant theme subject matter depicting,
exhibiting, illustrating, describing or relating to sexual conduct or specified anatomical areas
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as defined in this section; or
b. Instruments, novelties, devices or paraphernalia which are designed for use in connection
with sexual conduct as defined in this section, except for birth control devices or devices for
disease prevention.
Whenever any adult material is offered for sale or rent, the establishment is classified as both an
‘Adult bookstore,’ and an ‘Adult entertainment establishment’, both of which are subject to the
minimum distance separation requirements set forth in Section 7.5.5.2 of the LDRs. Pursuant to
Section 7.5.5.2(a) of the LDRs, no such establishment may be located:
1. Within 300 feet of any district designated as RS, RM, or RPS on the city's official zoning district
map;
2. Within 300 feet of any parcel of land upon which a house of worship, school, public park or
playground is located; or
3. Within 1,000 feet of any parcel of land upon which another adult entertainment establishment
is located.
The only exemption to the above noted distance separation requirements is for a hotel with a
minimum of 300 hotel units.
Section 7.5.5.2(b) of the LDRs also contains the following prohibitions on the sale or rental of
adult material to minors:
1. Adult bookstores are prohibited from displaying adult material in such manner that such
material is visible to minors (persons under 17 years of age).
2. Adult bookstores are prohibited from knowingly selling or renting adult material to minors. As
used in this subsection, "knowingly" shall mean having general knowledge of, reason to know,
or a belief or ground for belief which warrants further inspection or inquiry or both.
The attached draft ordinance creates the following definition for cosmetics store:
Cosmetics store is a non-medical retail business that is primarily engaged in retailing
cosmetics, perfumes, toiletries, personal grooming products, hair-care products, skin-care
products and beauty tools.
Additionally, the proposed ordinance amends Section 7.5.5.2(a) of the LDRs to allow for a limited
expansion of the minimum distance separation requirements for the sale of items classified as
adult material within retail cosmetic stores. Specifically, the proposed ordinance amends the
distance separation requirements for cosmetic stores located in a commercial zoning district,
where adult material constitutes less than 10% of the floor area of the establishment. In this
regard, a cosmetics store with limited adult material may be located within 300 feet of a multi-
family residential (RM or RPS) district and within 300 feet of a house of worship. Such an
establishment would not be allowed within 1,000 feet of another adult entertainment
establishment, nor within 300 feet of a residential single-family district (RS) district, nor within 300
feet of a school, public park, or playground.
PLANNING BOARD REVIEW
On April 8, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0). Additionally, the
Planning Board recommended that adult material in cosmetic stores be limited to personal
massage devices. This recommendation has been incorporated into the draft ordinance.
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a
private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations
of the City Code, amendments to the City Code require the payment of the applicable fees in
section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-
sevenths (5/7ths) vote of the City Commission, based upon one or more of the following
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circumstances:
1. The City Commission determines that the proposed amendment is necessary due to a change
in federal or state law, or to implement best practices in urban planning, or based on
circumstances unique to the proposed amendment.
2. Upon the written recommendation of the City Manager acknowledging a documented financial
hardship of a property owner(s) or developer(s).
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's
association for property owned by any such organization or association, so long as the request
demonstrates that a public purpose is achieved by enacting the applicable amendment.
The Administration recommends that the City Commission waive the applicable fees based on
circumstances unique to the proposed amendment.
SUMMARY/UPDATE
The subject ordinance was discussed at First Reading on April 23, 2025 and referred to the Miami
Beach Commission for Women (MBCW) and the Land Use and Sustainability Committee (LUSC).
On May 6, 2025, the MBCW discussed the proposed ordinance and recommended the following:
1. Modify the ordinance text to narrow what would qualify as a personal massage device, so that
such devices are limited to the merchandise proposed in the Geske cosmetics store.
2. Modify the exemption to ensure that individuals under the age of 18 do not have access to
any adult material.
On May 8, 2025, the LUSC discussed the following revised text for the ordinance, which is
consistent with the recommendations of the MBCW:
7.5.5.2 ADULT ENTERTAINMENT
a. Adult entertainment establishments prohibited in certain locations.
* * *
4. A cosmetics store located in a commercial zoning district and where adult material
i. is limited to personal massagers that do not resemble specified anatomical areas
as defined in Chapter 1 of this Code, ii. constitutes less than 10% of the floor area
of the establishment, and iii. are not visible from any storefront, nor visible to minors
(persons under 18 years of age) shall be exempt from subsections a.1.B, a.1.C,
and a.1.E. of this section.
The LUSC endorsed this revised text and recommended that the City Commission approve the
proposed ordinance at First Reading. The revised text noted above has been incorporated into
the attached ordinance for First Reading.
Finally, the sponsor has requested that the City Commission waive the annual zoning cycle
restriction for the subject amendment, pursuant to Section 2.3.2 of the LDRs, and schedule a
Second Reading public hearing prior to June 25, 2025.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
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If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the following:
1. The City Commission approve the ordinance at First Reading and pursuant to Section 2.3.2
of the LDRs, waive the annual zoning cycle restriction for the subject amendment and
schedule a Second Reading public hearing for June 25, 2025.
2. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code,
the City Commission waive the applicable fees based on circumstances unique to the
proposed amendment.
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
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? Yes
If so, specify the name of lobbyist(s) and principal(s): Ian Bacheikov
Department
Planning
Sponsor(s)
Commissioner Kristen Rosen Gonzalez
Co-sponsor(s)
Condensed Title
10:40 a.m. 1st Rdg PH, Distance Sep Exem-Adult Material in Retail Cosmetics Stores. (KRG)
PL
Previous Action (For City Clerk Use Only)
Referred to LUSC and CFW on 4/23/2025 - R5 T
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