Ordinance 2025-4744 Distance Separation Exemptions for Adult Material in Retail Cosmetics Stores
ORDINANCE NO. 2025•4744
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.
WHEREAS, adWt material is a legally protected form of expression under the First
Amendment of the United States Constitution, and reasonable zoning regulations can ensure that
such expression is balanced with community standards and business operations; and
WHEREAS, the integration of certain material that, absent specific regulations, could meet
the definition of"adult material"within a retail cosmetics store, when restricted to designated areas
and managed according to applicable zoning and licensing laws, can create a unique and
appealing customer experience that differentiates the business in a competitive market; and
WHEREAS, proper oversight and adherence to age restrictions and content guidelines
can ensure that adult material remains appropriate for the intended audience and does not
interfere with the primary business of the cosmetics store; and
WHEREAS, limiting adult material to specifc areas within a retail cosmetics store allows
the business to maintain a professional and welcoming atmosphere for all customers while
providing a separate space for adult material; and
WHEREAS, for the purposes of regulation and consistency, a "cosmetics store" shall
be defined as a non-medical retail business that is primarily engaged in retailing cosmetics,
pertumes, toiletries, personal grooming products, hair-care products, skin-care products and
beauty tools; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
Page 1 of 4
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 �
CHAPTER7
GENERAL PROVISIONS
ARTICLE II. DEFINITIONS
1.2.2 USE DEFINITIONS
1.22.4 Commercial
Cosmetics store is a non-medical retail business that is orimarilv enqaqed in retailino cosmetics
perfumes toiletries personal aroominq oroducts hair care oroducts skin care oroducts and
beautv tools.
SECTION 2. Chapter 7 of the Miami Beach Resiliency Code, entitled "Zoning Districts and
Regulations," Artide V, entitled "Supplementary District Regulations," is hereby amended as
follows:
CHAPTER7
ZONING DISTRICTS AND REGULATIONS
ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS
7.5.5 SUPPLEMENTARY USE REGULATIONS
7.5.5.2 ADULT ENTERTAINMENT i e
a. Adult entertainment establishments prohibited in certain locations.
1. No adult entertainment establishment is permitted on a parcel of land
located:
Page 2 of 4
A. Within 300 feet of any district designated as RS, RM�er-&R�S
on the city's official zoning district map;
B. Within 300 feet of anv disirict desiqnated as RM or RPS on
the citv's officia� zoninq district mao�
C. Within 300 feet of any parcel of land upon which a house of
worship, , is located;
D. Within 300 feet of anv parcel of land uoon which a school
public park or olavqround is located� or
E. Within 1,000 feet of any parcel of land upon which another
adW[entertainment establishment is located.
� 2. The minimum distance separation shall be measured by following a
straight line from the main entrance or exit of the adWt entertainment
establishment to the nearest point of the property designated as RS, RM,
or RPS on the city's official zoning district map or used for a house of
worship, school, or public park or playground. In cases where a minimum
distance is required between an adult entertainment establishment and
. another adult entertainment establishment, the distance separation shall
be determined by measuring a straight line between the principal means
of entrance of each use.
3. A hotel with a minimum of 300 hotel units shall be exempt from
subsections7. . . ._ , ._._._.„,_, ,..,,. . .,,.,,._, ,3 a.1.Athrouoha.l.E
of this section.
, 4. A cosmetics store located in a commercial zoninq district and where
adult material i is limited to oersonal massaaers that do not resemble
� specified anatomical areas as defined in Section 1 2 1 of this Code ii
constitutes less than 10% of the floor area of the establishment and iii
are not visible from anv storefront nor visible to minors (persons under
18 vears of aae) shall be exemot from subsections a 1 B a 1 C and
a.1.E. of this section.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that lhe 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
inten[ion; and that the word 'brdinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Page 3 of 4
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 1S day of .1u�, 2025.
ATTEST: G��il__
0
Steven Meiner, Mayor
ranado, City Clerk JUN 3 O P02� +��1.e�c'S'''t
� REGISBARBOU � `� z
(Sponsored by Commissioner Kristen Rosen Gonzalez) + ��iNcOAv O�AI[o-�:
`�,�.. :+.r
',. , � .;`a_=
4
" ,kcq,2ti.=_
APPROVED AS TO
FORM AND LANGUAGE
& F�TION
S1)31To�r
City Attorney �k Date
First Reading: May 21, 2025
Second Reading: June 2�02
Verified By: V
Thomas R. Mooney, AICP
Planning Director
T'.Vgenda@025\OS May 21, 2025\Planning\Distance Separation ExempOons for AtlWt Material in Retail Cosmetic S�ores - First
Reading ORD.docx
Page 4 of 4
Ordinances- RS V
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Enc Carpenter, City Manager
DATE: June 25, 2025 10:45 a.m. Secontl Reading Public Heanng
TITLE: DISTANCE SEPARATION EXEMPTIONS FOR ADULT MATERIAL IN RETAIL
COSMETICS STORES
AN ORDINANCE OF THE MAVOR AND CITY COMMISSION OF THE CITV OF
MIAMI BEACH, FLORIDA,AMENDING THE RESILIENCY CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 1, ENTITLED "GENER4L
PROVISIONS," ARTICLE II, ENTITLED "DEFINITIONS; SECTION 12.2,
ENTITLED "USE DEFINITIONS," BY ADDING A DEFINITION FOR 'COSMETICS
STORE',AND BV AMENDING CHAPTER 7, ENTITLED"ZONING DISTRICTS AND
REGULATIONS," ARTICLE V, ENTITLED "SUPPLEMENTARY DISTRICT
REGULATIONS," SECTION Z5.5, ENTITLED "SUPPLEMENTARY USE
REGULATIONS," SECTION 7.5.5.2, ENTITLED "ADULT ENTERTAINMENT", BV
CREATING EXEMPTIONS FROM THE DISTANCE SEPARATION
REQUIREMENTS FOR COSMETIC STORES, WHERE A�U�T MATERIAL
CONSTITUTES LESS THAN 20% OF THE FLOOR AREA OF THE
ESTABLISHMENT; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILIN, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUNDIHISTORY
On February 26, 2025, at the request of Commissioner Knsten Rosen Gonzalez, the City
Commission referred the proposed ordinance to the Planning Board (C4 H�.
ANALYSIS
The following are existing definitions in Chap[er 1 of the Lantl Development Regulations of the
City Code (LDRs)pertaining to adWt entertainment and adult material:
Adult 600kstore means an establishment which sells. oBers (or sale or rents adu/t matenal !or
commercial gain. This de�nition includes estab/ishmenfs selling or renting adult videos when
applicable under the above-stated conditions.
Adult entertainment establishmenf ineans any adult bookstore, adWt booth, adWt motion picture
theater or nude dancing establishment as de�ned in this section.
Adult matenal means one or more of the/ollowing, regardless of whether it is new or used:
a. Books, magazines, penodicals or o[her pnnted matter; photographs, frlms, motion pictures,
videocassettes, slides or other visual representations; recordings, other audio matter, and
novelties ordevices, including, but not limited to. clothing, food, drinks, matenals/orp2panng
lood and drinks; which have as theii pnmary or dominant theme su6ject matter depicting,
exhibiting, illustratinq, tlescnbing or relafing 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 connecfion
with sexual conduct as defined in this section, excepf lor birth confrol devices or devices for
disease prevention.
Whenever any adult material is offered for sale or rent, the esWblishment is classi(ed as both an
'Atlult bookstore; and an 'Adult entertainment establishmenf, both of which are subject to the
minimum distance separetion requirements set forth in Section 7.5.5.2 of the LDRs. Pursuant to
Section 7.5.52(a)of lhe LDRs, no such establishment may be located:
1. Within 300 feet of any disinct designated as RS, RM,or RPS on the ciry's o�cial zoning district
map;
2. Within 300 feet of any pa�cel of land upon which a house ot worship, school, public park or
playground is located; or
3. Within 1,000 teet 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 o(300 hotel units.
Seclion 7.5.52(b) of the LDRs also contains the following prohibilions on the sale or rental of
adult material to minors:
i. Adult bookstores are prohibited (rom displaying adult matenal in such manner that such
matenal is visible to minors (persons under 17 years ol ageJ.
2. Adult bookstores are prohibited from knowingly selling or renting adult matenal to minors. As
used in fhis subsection, "knowingly"shall mean having general knowledge of, reason to know,
or a belie(or ground/or beliel which warrants furthe�inspection or inquiry or both.
The attached dreR ordinance creates the following defnition for cosmetics store:
Cosmetics store is a non-medical refail business that is pnmanly engaged in retailing
cosmetics,perlumes, toileWes,personal grooming products,hair-care products, skin-care
pmducts and beauty fools.
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 ihe sale of items dassified as
adult matenal within retail cosmetic stores. Specifically, Ihe proposed ordinance amends the
distance separation requirements for wsme[ic stores loca[ed in a commercial zoning district,
where adult material constiWtes less ihan 10°/ of [he floor area of ihe establishment. In this
regartl, a cosmetics store with limited atlult 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 6e allowed within 1,000 feet of another adult enterlainment
establishment, nor within 300 feet of a residential single-family district(RS)tlistric�, nor within 300
feet of a school, public park, or playground.
PLANNING BOARD REVIEW
On April 8, 2025, lhe Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendalion (7-0). Additionally, Ihe
Planning Board recommended that adult material in cosmetic s�ores be limited lo personal
massage devices. This recommendation has been incorporated into the draft ordinance.
SUMMARYIUPDATE
The subject ordinance was discussed at First Reading on April 23,2025 and reterred to the Miami
Beach Commission for Women (MBCW)and the Land Use and Suslainabiliry Committee(LUSC).
On May 6, 2025, the MBCW diswssed the proposed ordinance and recommended lhe following:
1. Modify the ordinance tezt to narrow what would qualify as a personal massage device,so that
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such devices are limited to the merchandise proposed in the Geske cosmetics store.
2. Modiy the exemption to ensure Ihat individuals under fhe age of 18 do not have access to
any adult material.
On May 8, 2025, the WSC discussed the following revised teat for the ordinance, which is
consistenl with the recommendations of the MBCW:
7.5.5.2 ADULT ENTERTAINMENT
a. Adult entertainment establishments prohibited in certain locations.
4. A cosmetics store loca�ed in a commercial mninq district and where adult material
i. is limited to oersonal massaaers that do not resemble soecifed ana[omical areas
as de(ned in Chaoter 1 of this Code. ii. constitutes less than 10% of the Floor area
of�he eslablishment. and iii.are not visible(rom anv storefront, nor visible to minors
(persons under 18 vears of aoe) shall be exemot from subsections a.1.B a.7.0
and a.1.E. of this section.
The WSC endorsed this revised text and recommended Ihat Ihe City Commission approve the
proposed ordinance. On May 21, 2025, the subject ordinance was approved at First Reading,
inclusive of the revised text noted above. Additionally, at the request of the sponsor, the Ciry
Commission waived the annual mning cycle resMction for ihe subject amendmenl, pursuant to
Section 2.32 of the LDRs, and set a Second Reading public hearing for June 25, 2025.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance reauire a Business Imoact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimata (BIE)was published on: 5123I2025
See BIE at: hrios:llwww.miami6eachfl.qovlciN-halllcitv-clerk/meetina-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Aoolicable Area
Citywide
Is this a "Residents Riaht ta Know" item. Is this item related to a G.O. Bond
oursuant to CiN Code Section 2-177 Proiect?
Yes No
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Was this Aoenda Item initialiv reauested 6v a lobbvist which, as defined in Code Sec.2d81
includes a orincioal enaaaed in lobbvins�7 Yes
If so, specify the name of lobbyist(s) and pnncipal(s): lan Bacheikov
Deoartment
Planning
Soonsor(s)
Commissioner Knsten Rosen Gonzalez
Co-soonsor(sl
Condensed Title
10�.45 a.m. 2nd Rdg, Distance Sep Exem-Adult Malenal in Relail Cosmetics Stores. (KRG) PL
sn
Previous AMion (For CiN Clerk Use Onlvl
First Reading Public Hearing on 5/21/2025- RS T
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