C4E-Ref- Planning Board - Amend Chapter 6 Entitled Alcohol Beverages -Levine-lD MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
CC:
FROM:
DATE:
Members of the City Commission
Jimmy Morales, City Manager
Rafael Granado, City Clerk
Philip Levine, Mayor
February 25, 2014
MEMORANDUM
SUBJECT: An Ordinance of the Mayor and City Commission of the City of Miami
Beach, Florida; Amending the Code of the City of Miami Beach, Florida
Amending Chapter 6, Entitled "Alcohol Beverages."
Please place the aforementioned item on the March 51h City Commission Agenda for
referral to the Planning Board. Ordinance language will be forthcoming. If there are
any questions or concerns, please do not hesitate to contact Alex Miranda at
AlexMiranda@MiamiBeachFI.gov.
Agenda Item C 'IE:
111
Date 3-S"-I'f
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF TilE CITY OF .MIAMI BEACH, FLORIDA; AMENDING THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 6, ENTITLED "ALCOHOL
BEVERAGES," SECTION 6-4, ENTITLED "LOCATION AND
USE RESTRICTIONS," BY PERMITTING ALCOHOLIC
BEVERAGES TO BE SOLD IN MOTION PICTURE THEATERS
SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING
CHAPTER 6, ENTITLED "ALCOHOL BEVERAGES,"
SECTION 6-5 ENTITLED "PATRON AGE
RESTRICTIONS," BY ESTABLISHING AN EXEMPTION
FOR MOTION PICTURE THEATERS FROM THE CODE'S
PATRON AGE RESTRICTIONS; AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE V, ENTITLED "SPECIALIZED USE REGULATIONS,"
DIVISION 4, ENTITLED "ALCOHOLIC BEVERAGES,"
SECTION 142-1301, ENTITLED "PERMITTED DISTRICTS," BY
PERMITTING ALCOHOLIC BEVERAGES TO BE SOLD IN THE
GU GOVERNMENT USE DISTRICT; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, the Code of the City of Miami Beach specifies location and use
restrictions on motion picture theaters located within the City~ and
WHEREAS, the Code ciDTently prohibits alcohol beverages from being sold or
offered for consumption in motion picture theaters; and
WHEREAS, the City Commission deems it advisable to permit sales of alcoholic
beverages within certain motion picture theaters, subject to Conditional Use approval by the
Planning Board; and
WHEREAS, the City Commission deems it advisable to limit the applicability of
this amended Sec. 6-4 (a)(4) to motion picture theaters containing, in their entirety, at least
300 auditoriwn seats and 15,000 sq. ft. in total floor area.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 6-4, entitled "Location and use restrictions," of Chapter 6,
entitled "Alcohol Beverages," of the Code of the City of Miami Beach, Florida is hereby
amended to read as follows:
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Sec.64. Location and use restrictions.
* * *
(a) Generally. The following location and use restrictions are applicable for facilities
selling or offering alcohol beverages for consumption:
( 1) Educational facilities. No alcohol beverage shall be sold or offered
for consumption in a commercial use within 300 feet of any property
used as a public or private school operated for the instruction of minors in
the common branches of learning. Except for uses in the civic and
convention center (CCC) district, hospital (HD) district or within 300 feet
of a marina.
(2) Places of worship. No alcohol beverage shall be sold or offered for
consumption in a commercial use, except in restaurants for consumption
on the premises, within 300 feet of any property used as a place of
worship.
(3) Retail stores for off-premises consumption. The mll11Illum distance
separation between retail stores primarily selling alcohol beverages for
consumption off the premises as a main permitted use shall be 300 feet.
( 4) Motion picture theater. No alcohol beverages shall be sold or offered
for conswnption in any motion picture theater or in any room opening
directly or indirectly into or in connection with any motion picture theater,
except alcohol beverages may be served in motion picture theaters of at
least 15,000 square feet in total floor area and containing at least 300
permanent auditorium seats that are located in GU Government Use,
and CD-3 Commercial, High Intensity Districts, subject to Conditional
Use approval as provided for in Section 118, Article IV of this Code and
subject to the review criteria listed in Section 142-1362(a) of the Land
Development Regulations of the City Code. Motion picture theaters
shall not be permitted to operate between the hours of 3:00 a.m. and 8:00
a.m., except that motion picture theaters may apply for up to three special
event permits from the City per calendar year to operate during such
hours. This section shall not relieve any person, entity or establishment
from the restrictions contained in Chapter 6, Article II or the Land
Development Regulations of the City Code.
Any Conditional Use approval granted pursuant to this section shall be
subject to the following:
1. The sale of alcoholic beverages for consumption off the
premises is strictly prohibited.
11. A Minor Control Plan, setting forth conditions regarding
hours of operation and alcohol sales, alcohol service and
monitoring procedures, food service, and stafftraining, must
be approved by the Planning Board.
{27727071 ;s}Page 2 of 7
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111. There may be special customer promotions that combine
purchase of a motion picture theater ticket with purchase of
food and an alcoholic beverage. No 11 happy hour" type of
reduced pnce alcoholic beverage promotion shall be
allowed.
(5) Filling station. No liquor shall be sold or offered for consumption on or off
the premises of any filling station.
(6) Curb service sales. No alcohol beverages shall be sold or served to persons
in a vehicle of any kind or from an exterior counter or any type of walk-up
window. All sales are to be from the interior of the structure.
(7) Off-premises consumption. All sales of alcohol beverages for consumption off
the premises shall be in a sealed container.
(8) Bottle clubs. There shall be no bottle clubs within 300 feet of any property
used as a public or private school operated for the instruction of minors in
the common branches of learning or place of worship.
(9) Dance halls. The minimum distance separation between dance halls
licensed to sell alcohol beverages, and not also operating as restaurants
with full kitchens and serving full meals, shall be 300 feet.
(10) Entertainment establishments. The minimum distance separation
between entertainment establishments licensed to sell alcohol beverages, and
not also operating as restaurants with full kitchens and serving full meals,
shall be 300 feet. This section shall not apply to alcoholic beverage
establishments, also licensed and operating as motion picture theaters.
subject to compliance with Section 6-4(a)(4) ofthis Code.
(b) Determination of minimum distance separation.
( 1) For purposes of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the main
entrance or exit in which the use associated with alcohol beverages occurs
to the nearest point of the property used for a public or private school. In
cases where a minimum distance is required between two uses associated
with the alcohol beverages for consumption on or off the premises, the
minimum requirement shall be determined by measuring a straight line
between the principal means of entrance of each use.
(2) 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 and zoning director that the minimum distance
separation has been met.
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114
(c) Variances. Variances to the provisions of this section may be granted pursuant to the
procedure in section 118-351 et seq. except that no variances may be granted to the
prohibitions and limitations prescribed herein on the sale or consumption of alcohol
beverages in motion picture theaters.
SECTION 2. That Section 6-5, entitled "Patron age restrictions," of Chapter 6, entitled
"Alcohol Beverages," of the Code ofthe City of Miami Beach, Florida is hereby amended
to read as follows:
Sec. 6-5. Patron age restrictions.
(a) It shall be unlawful for persons under the age of 21 to patronize, visit, loiter, be
admitted or allowed access, in any alcoholic beverage establishment, as defmed in section
114-1 ofthis Code, except as hereinafter provided. This restriction shall not apply to:
( 1) Persons employed by or at the alcoholic beverage establishments;
(2) Persons accompanied by either of their parents (natural, adoptive, or
stepparent) or legal guardian (appointed by a court); and
(3) Alcoholic beverage establishments also licensed and operating as
restaurants, containing a full kitchen of an appropriate size to serve the
occupancy load of the establishment, serving full meals at all times. In the
case of hotels and other similar multiuse establishments, this restriction
applies only to those areas of the establishment operating primarily as an
alcoholic beverage establishment, and not also operating as a restaurant as
described above; and
( 4) Alcoholic beverage establishments also licensed and operating as motion
picture theaters, subject to compliance with Section 6-4(a)(4) of this
Code.
(b) Enforcement and penalties:
( 1) An offense of this section by an alcohol beverage establishment shall be
defined as one or more persons under the permitted patron age discovered
on the business premises during a 24-hour period in violation of this
section. Hearings on notices of violation shall be conducted by the special
master, who may impose penalties, including fines and suspension, as
provided for in chapter 30 of this Code, with appeal by certiorari to the
circuit court, Appellate Division.
(2) It shall be a defense to alleged violations of this section that the person
under the age of 21 obtained access despite the owner's reasonable efforts
to prevent such access, or through a fraudulent identification, and the
business used reasonable efforts to prevent the use of fraudulent
identifications. "Reasonable efforts" shall include, but not be limited to,
use of employees properly checking identification cards at the entrance to
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the subject establishment. Presentation of a proposed business security
plan to prevent future violations may be considered as a mitigating factor
in the suspension hearing or appeal process. For purposes of this section,
"identification cards" are defmed as official Federal, state or local
government issued identification cards.
(3) A warning shall be given for the first offense; a fme of $500.00 shall be
imposed for the second offense; a fine of $1,000.00 shall be imposed for
the third offense; a fine of $3,000.00 shall be imposed for the fourth
offense; the special master may impose a fine and/or a suspension of the
business's occupational license for further offenses, in successively
escalating suspension periods of: one weekend, seven days, 30 days, six
months or may revoke the business's occupational license. For purposes
of determining the appropriate penalty this section, violations shall
accrue only for the preceding 12-month period.
(4) An offense of this section by persons under the age of 21 shall be
addressed as follows: Persons found in violation of this section shall be
asked by the business establishment, the department of code compliance,
or certified law enforcement officers, to leave the premises subject to this
section. Failure to leave the premises will subject the violator to criminal
penalties as provided by Florida law. Additionally, persons under the age
of 21 who gained access to the alcoholic beverage establishment by
presenting fraudulent identification shall be subject to prosecution for
violation ofF.S. § 322.212, or comparable provision.
SECTION 3. That Chapter 142, Article V, Division 4, Section 142-1301, entitled
"Permitted Districts," ofthe Code ofthe City ofMiami Beach, Florida is hereby amended
to read as follows:
Sec. 142-1301. Permitted districts.
Vendors may be permitted to sell or distribute alcoholic beverages, either for consumption
on or off the premises only in the following zoning districts:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
t+f.@)
~.(2}
~ .(l.Ql
~.ill}
fH-t (12)
~.(ill
RM-2 multiple-family, medium intensity.
RM-3 multiple-family, high intensity.
CD-1 commercial, low intensity.
CD-2 commercial, medium intensity.
CD-3 commercial, high intensity.
CCC convention center district.
GU government use district
HD hospital district.
1-1 industrial, light.
MR marine recreational.
MXE mixed use entertainment.
WD-1 waterway district.
WD-2 waterway district.
{2772707I;s}Page 5 of 7
116
fH1.u.±l R-PS2 residential medium density.
fl4j@ R-PS3 residential medium-high density.
~ {lQ} R-PS4 residential high density.
~ Q.1l C-PSl commercial limited mixed use.
fl-+j@ C-PS2 commercial general mixed use.
fl-8-1 .{121 C-PS3 commercial intensive mixed use.
El9j (20) C-PS4 commercial intensive phased bayside.
~ Q..ll RM-PS 1 residential limited mixed-use development.
~ (22) TC-1 North Beach Town Center core.
~@ TC-2 North Beach Town Center mixed-use.
~ (24) TC-3 North Beach Town Center residential/office.
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in
conflict herewith be and the same are hereby repealed.
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. 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 7. EFFECTIVE DATE.
This Ordinance shall take effect on the __ day of~-------
201 .
PASSEDandADOPTEDthis ~~_day of~~~~~~-' 201_.
ATTEST:
CITY CLERK
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MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date