C4K-Ref- LUDC - Amend Chapter 6 Alcoholic Beverages To Correct Scrivener�s ErrorMIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jose Smith, City Att
DATE: September 11, 20
SUBJECT: REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE-
PROPOSED AMENDMENT TO CHAPTER 6, ALCOHOLIC BEVERAGES, TO
CORRECT SCRIVENER'S ERRORS REGARDING ON-PREMISES AND OFF-
PREMISES CONSUMPTION
RECOMMENDATION
Refer this matter to the Land Use and Development Committee for consideration and
recommendation on an ordinance amendment to correct these errors.
BACKGROUND/ANALYSIS
The City Attorney's Office has noticed that Chapter 6, Article I, Section 6-3, was incorrectly
amended, and inadvertently omitted language concerning on-premises consumption of alcoholic
beverages, substituted instead with duplicated language concerning off-premises consumption.
Section 6-3(3) provides regulations for the permitted hours of on-premises consumption of
alcoholic beverages in various types of alcoholic beverage establishments, as referenced in
subsections a-c. Subsection 6-3(3), however, begins with the language: "Off-premises package
sales shall be permitted between the hours of 8:00 a.m. and midnight, for all establishments
licensed as alcoholic beverage establishments." This is a duplication of language already in
subsection 6-3(4), which provides: "Off-premises package sales shall be permitted between the
hours of 8:00 a.m. and 11:00 p.m., for all establishments licensed as alcoholic beverage
establishments." This error was made in Ordinance 2003-3403, when subsection 6-3(4), intending
to amend the closing hours for sale of alcoholic beverages for off-premises consumption was
changed from 11:00 p.m. to midnight, instead amended subsection 6-3(3), and left subsection 6-
3(4) with the old 11:00 p.m. closing time.
Thus, subsection 6-3(3) should commence with the following language (taken from the code as it
existed prior to 2003: All establishments licensed as alcoholic beverage establishments (midnight
to 5:00a.m.), either as permitted main or accessory uses, shall only offer for sale the on-premises
consumption of alcoholic beverages within the hours of 8:00 a.m. and 5:00a.m. on any day of the
week. And subsection (4) should be corrected to have the correct closing time for sales of
alcoholic beverages for off-premises consumption, per the City Commission's last action on that
subject: Off-premises package sales shall be permitted between the hours of 8:00 a.m. and -4-4700
~midnight, for all establishments licensed as alcoholic beverage establishments. The full
section 6-3, with corrections proposed, is attached to this memo.
CONCLUSION
The City Attorney recommends that the Mayor and the City Commission refer this matter to the
Land Use and Development Committee for consideration and recommendation on an ordinance to
correct these errors.
JS/G~
T:\AGENDA\2013\September 11\Referral to LUDC-Correct error in Code resale of alcoholic beverages.docx
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Agenda Item __ c_V;,..__:k_
Date 9-11-13
Sec. 6-3. Hours of sale.
The hours of sale of alcoholic beverages shall be according to the following
schedule, except as may be otherwise provided pursuant to subsection (7):
(1) Retall stores for package sales only, either as permitted main or accessory uses.
Vendors having a license from the state division of alcoholic beverages and tobacco
for the sale of liquor and other alcoholic beverages for consumption off the premises
shall only offer for sale alcoholic beverages within the hours of 8:00a.m. and midnight
on any day of the week.
(2) Retail stores, including grocery and convenience stores, and gasoline
service/filling stations, either as permitted main or accessory uses, which primarily
offer for sale products other than alcoholic beverages may make sales of beer and
wine in sealed containers for consumption off the premises between the hours of 8:00
a.m. and midnight on any day of the week.
(3) All establishments licensed as alcoholic beverage establishments (midnight to 5:00
a.m.). either as permitted main or accessory uses. shall only offer for sale the on-
premises consumption of alcoholic beverages within the hours of 8:00 a .. m. and 5:00
a.m. on any day of the week. Off premises package sales shall be permittee bet\veen
the hours of 8:00a.m. and midnight, for all establlshments licensed as alooholic
beverage establishments.
a. Restaurants with full kitchen facllities, serving full meals, licensed as
alcoholic beverage establishments (midnight to 5:00a.m.), but not operating
as dance halls or entertainment establishments, may remain open 24 hours a
day; however, alcoholic beverages may not be offered for sale or on-
premises consumption between the hours of 5:00a.m. and 8:00a.m.
b. Restaurants with full kitchen facilities, serving full meals, licensed as
alcoholic beverage establishments (midnight to 5:00a.m.), and also
operating as dance halls, or entertainment establishments, may remain open
24 hours a day; however, alcoholic beverages may not be offered for sale or
on-premises consumption between the hours of 5:00a.m. and 8:00 a.m., and
dancing and entertainment shall not be conducted between the hours of 5:00
a.m. and 10:00 a.m.
c. Other alcoholic beverage establishments (midnight to 5:00a.m.), not
containing restaurants with full kitchen facilities, shall close at 5:00 a.m. and
keep closed the place of business and not allow any patron or other persons,
other than those employed by the vendor, to remain therein between the
hours of 5:00 a.m. and 8:00a.m.
Note: For purposes of this section, full kitchen facilities shall mean having
commercial grade burners, ovens and refrigeration units of sufficient size and
quantity to accommodate the occupancy content of the establishment. Full
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kitchen facilities must contain grease trap interceptors, and meet all
applicable city, county and state codes.
(4) Off-premises package sales shall be permitted between the hours of 8:00a.m. and
11 :QQ f'>.FR. midnight, for all establishments licensed as alcoholic beverage
establishments.
(5) Private clubs, either as a permitted main or accessory use, shall be considered
pursuant to subsection 6-2(a). Hours of operation and the consumption of alcoholic
beverages will be considered between the hours of 8:00a.m. and 5:00a.m., Monday
through Sunday, provided that service is made only to members and guests of
members pursuant to Florida Statutes. However, any private club permitted to remain
open after 2:00a.m. shall purchase an extra-hours license and must provide for
security in its premises by hiring private security guards or off-duty police officers
between the hours of 2:00a.m. and 5:00a.m. each day. Private clubs securing a
license from the state division of alcoholic beverages and tobacco by complying with
the requirements of F.S. § 561.20 for racquetball, tennis or golf course facilities may
admit members at any time for use of such facilities, but may not serve alcoholic
beverages after 2:00a.m. each day unless such private club is the holder of an extra-
hours license and complies with the above requirements.
(6) Upon a finding by the special master that a violation of this section has occurred,
the city may initiate proceedings to revoke the certificate of use, occupational license,
or certificate of occupancy of the violator. In addition, this section may be enforced
and violations may be punished as second degree misdemeanors, as provided in F.S.
§§ 775.082 and 775.083.
(7) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to
remain open to serve alcoholic beverages for on-premises consumption until 5:00
a.m. may continue to serve alcoholic beverages (i) until 7:00a.m. on January 1 (New
Year's Day) or, if January 1 is on a Sunday, until 7:00a.m. on Monday if the day that
is observed as a national holiday for New Year's Day is on Monday, and (ii) until 7:00
a.m. during certain major event days or weekends as may be designated by the city
commission or as may be designated by the city manager following approval by the
city commission, under the following conditions:
a. The police department and the code compliance division of the city must
be notified by a letter, received no later than 15 business days prior to either
(a) January 1 or (b) the day on which alcohol sales are to be extended,
stating that the alcoholic beverage establishment intends to serve alcoholic
beverages for on-premises consumption until 7:00 a.m.;
b. If deemed reasonably necessary by the police chief, or the police chiefs
designee, off-duty police officers must be provided at the alcoholic beverage
establishment until7:00 a.m.;
c. There are no pending city Code violations against the alcoholic beverage
establishment;
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d. No delinquent or past due monies are owed to the city;
e. Outdoor entertainment or open-air entertainment is not allowed;
f. No violation of the city's noise ordinance shall be permitted;
g. No violation of the approved fire code occupancy load shall be permitted;
h. All required city permits and licenses are current;
i. The State of Florida alcoholic beverage license is current; and
j. Any other conditions required by the city manager in order to protect the
public health, safety, or welfare.
Alcoholic beverage establishments set forth in subsections (3) and (5)
permitted to remain open to serve alcoholic beverages for on-premises
consumption until 5:00a.m. may continue to serve alcoholic beverages until
6:00a.m. on the first day of daylight savings time in the spring.
(8) The city manager may suspend the provisions of subsection (7) at any time to
protect the public health, safety, or welfare.
(Ord. No. 89-2665, § 12-1C eff 10-1-89. Ord. No. 98-3132. §§ 1 3, 7-15-98. Ord No. 99-3222, § 1. 12-
15-99: Ord. No. 2001-3286. § 1. 1-10-01. Ord. No 2003-3403. § ·1 3-19-03· Ore!. No. 2007-3556, § 1. 4-
11-2007)
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