R5E-Alcohol in Movie Theaters -Levine-(9 MIAMIBEACH
Giry of lt/tiomi Eeoch, 1200 Convention Center Drive, Miomi Beoch, Florido 33 I 39, www.miomibeochfl.gov
TO:
FROM:
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Raul Aguila, citv AttornevQ.{06,,\-
cc: Jimmy Morales, City Manager
DATE: Aprll23,2014 SECOND READING PUBLIC HEARING
SUBJECT: ALCOHOL !N MOVIE THEATERS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA; AMENDING THE CITY CODE, BY AMENDTNG
CHAPTER 6, "ALCOHOLIC BEVERAGES,'' ARTICLE I, "IN GENERAL,"
SECTION 64, "LOCATION AND USE RESTRIGTIONS," BY PERMITTING
ALCOHOL BEVERAGES TO BE SOLD IN MOTION PICTURE THEATERS,
ESTABLISHING CRITERIA, STANDARDS AND PROCEDURES FOR
ELIGIBLE THEATERS AND WHERE ALCOHOL CAN BE SOLD AND
CONSUMED; AND AMENDING SECTION 6-5, ,,PATRON AGE
RESTRICTIONS,'' EXEMPTING MOTION PICTURE THEATERS FROM THE
CODE'S PATRON AGE RESTRIGTIONS; PROVIDING FOR CODIFTCATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The City Commission should hold a public hearing and consider this item on second
reading.
BACKGROUND
The City Commission on March 5, 2014 referred this item to the Neighborhoods
Committee for discussion and policy direction. The Neighborhoods Committee met on
March 28, 2014, and voted to forward the item to the City Commission with changes to
the ordinance providing for segregated areas where minors would not be permitted, and
alcohol would be sold and consumed. The ordinance has been modified to restrict
alcohol consumption in areas and auditoriums where no minors would be permitted.
Regal Cinema has asked the City to amend City Code Chapter 6 to permit alcohol
beverage sales in movie theaters. lf amended, as proposed, it would allow such sales at
the movie theater on Lincoln Road, and other theaters that meet the minimum criteria of
(i) 15,000 sq. ft., (ii) 300 permanent auditorium seats, and (iii) located in Commercial
High lntensity Districts (CD-3). While the ordinance originally proposed amendments to
the Land Development Regulations requiring a conditional use for such alcohol sales,
with restrictions on size and seating, controlling who would be permitted to apply for
such a conditional use permit, the current proposal would amend Chapter 6 to allow
alcohol beverage sales in movie theaters with restrictions set forth in the ordinance,
without the need for further review by a land use board.
Agenda ltem RsE
oate 5-2F14
311
Commission Memorandum
Alcohol in Movie Thealers
May 21, 2014 Page 2 of 2
While similar proposals have been considered by the City, in 2000 and 2008, they did
not receive approval. The evolution of uses on Lincoln Road and elsewhere, however,
justifies a fresh look at this idea, which is consistent with the latest trends in amenities
provided by movie theaters.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City evaluated the long term economic impact (at
least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have any significant fiscal impact. lt is likely to result in an increase in resort
tax income to the City.
CONCLUSION
The City Commission should hold a public hearing and consider this item on second
reading.
R/./GMH/s
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312
ALCOHOL IN MOVIE THEATERS
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND GITY GOMMISSION OF THE
CITY OF MAMI BEACH, FLORIDA; AMENDING THE Ctry CODE, ByAMEND!NG CHAPTER 6, ..ALCOHOLIC BEVERAGES,"
ARTICLE l, "lN GENERAL," SECTION 6-.4, "LOCATION AND USE
RESTRIGTIONS," BY PERMITTING ALCOHOL BEVERAGES TO BESOLD IN MOTION PIGTURE THEATERS, ESTABLISHING
GRITERIA, STANDARDS AND PROCEDURES FOR ELIGIBLE
THEATERS AND WHERE ALCOHOL CAN BE SOLD AND
CONSUMED; AND AMENDING SECTTON 6-5, "PATRON AGE
RESTRICTIONS,'' EXEMPTING MOTTON PICTURE THEATERS
FROM THE CODE'S PATRON AGE RESTRICTIONS; PROV|D|NG FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTTVE
DATE.
WHEREAS, the Code of the City of Miami Beacfr specifies location and use
restrictions on motion picture theaters located within the City; and
WHEREAS, the Code cunenty prohibib almhol beverages from being sold
offered for consumption in motion picture theaters; and
WHEREAS, the City Commission deems it advisable to permit sales of alcohol
beverages within certain motion picture theaters; and
WHEREAS, tfre iity Commission deems it advisable to limit the applicability of this
amended Sec. 64 (a)(a) to motion picture theaters containing, at least 300 permanent
auditorium seats, 15,000 sq. ft. in total floor area, and located in Commercial, High
I ntensity Districts (CD-3).
NOW THEREFORE, BE IT ORDANED BY THE MAYOR AND C]rY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA:
SECTION 1. That Chapter 6, "Almholic Beverages," Micle l, "ln General," Section 64,
"Location and use restrictions," of the code of the city of Miami Beach, Florida is hereby
amended to read as follows:
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 comrhon branches of leaming. 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
Page I of5
313
(3)
(4)
consumption on the premises, within 300 feet of any propefi used as a
place of worship.
Retail stores for off-premises consumption. The minimum distance
separation between retail stores primarily selling alcohol beverages for
consumption off the premises as a main permitted use shall be 300 feet.
Motion picture theaters. No alcohol beverages shall be sold or
offered for consumption in any motion picture theater, or in any room
opening directly or indirectly into or in connection with any motion picture
theater, except alcohol beveraqes mav be served in motion picture
theaters (i) of at least 15,000 square feet in total floor area, (iD containinq
at least 300 oermanent auditorium seats, and (iii) which are located in
CD-3 Commercial, Hiqh lntensitv Districts- Notwithstandinq Chapter
142, Article 5, Division 6 of the Cifu Code. a motion picture theater in
which the sale and consumotion of alcohol beveraqes is permitted shall
not be considered a neiohborhood impact establishment. 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 13) speclal event permits from the City per calendar year to
operate during such hours. This section shall not relieve anv person,
entity or establishment from the restrictions contained in Chapter 6.
Article ll orthe Land Development Requlations of the Citv Code.
Anv approval qranted pursuant to this section shall also be subiect to the
followinq restrictions:
i. The sale of alcohol beveraqes for consumotion off the
premises is strictly prohibited.
ii. A Minor Control Plan. settinq forth conditions reqardino
hours of operation and alcohol sales, alcohol service and
monitorino procedures, food servlce, and staff traininq.
must be approved bv the Citv Manaqer or desiqnee pdalta
the issuance of a ll ion.
iii. Desiqnated alcohol beveraqe consumption areas, includinq
concession and caf6 areas, and those specific auditoriums
in which alcohol beverages mav be served and consumed.
must be clearlv deslqnated as such and separated from the
remainder of the theater bv a barrier or other phvsical
demarcation. All alcohol beveraqes must be served from
within the desiqnated alcohol beveraqe consumption areas,
and no alcohol beveraqes mav be consumed or carried
beyond the boundarv limits of the desiqnated alcohol
beveraqe consumption areas. Access to the desionated
alcohol beveraqe consumption areas is restricted to patrons
who can present a valid identification for inspection
demonstratinq thev are 21 vears of aoe or older.
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314
(5)
(6)
iv. There mav be special customer promotions that combine
purchase of a motion oicture theater ticket with ourchase of
food and an alcohol beveraqe. No "hapov hou/'tvpe of
reduced price alcohol beveraqe promotion shall be allowed.
v. Motion picture theat
oOtain tne reouisi
ofsuctrbeverages.
vi. Motion oicture theat
OefineO in Section I
faxes to tne Citv tor
Section-102306-
Filling station. No liquor shall be sold or offered for consumption on or off
the premises of any filling station.
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.
Off-premises consumption. All sales of alcohol beverages for consumption off
the premises shall be in a sealed container.
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.
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.
(7)
(8)
(e)
(10) Entertainment establishments. The minimum distance separation
between entertainment establishmenb licensed to sell alcohol beverages,
and not also operating as restaurants with full kitchens and serving full
meals, shall be 300 feet.
(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. ln 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.
\Nhen 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
(2)
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315
certification by the planning and zoning director that the minimum distance
separation has been met.
(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 mav be qranted te-t+e
in on the ProYisions of 64(aX4)
the sale or consumption of alcohol beveraqes In motion picture theaters.
SECTION 2. That Chapter 6, 'Alcoholic Beverages," Article l, "ln General," Section 6-5,
"Patron age restrictions," of the Code of the City of Miami Beach, Florida is hereby
amended to read as follows:
Sec. 6-5. Patron age restrictions.
(a) lt 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 defined in
section 114-1 of this Code, except as hereinafter provlded. 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. ln 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;gngl(4) Almholic beveraqe establishments also licensed and operatinq as
motion picture theaters, subiect to compliance with Section 64(aX4).
(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 Z4-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) lt shall be a defense to alleged violations of this section that the person
under the age of 21 obtained access despite the owne/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 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 defined as official
Federal, state or local government issued identification cards.(3) A waming shall be given for the first offense; a fine 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
Page 4 of5
316
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.
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 ofiicers, 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 of F.S. $ 322.212, or comparable provision.
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.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this
ATTEST:
MAYOR
APPROVED AS TO
GIry CLERK FORM AND LANGUAGE
r--) &FOR EXECUTION
(4)
ffieCityCommission,anditisherebyordainedthatthe
provisions of this ordinance shall be-come 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.
Verified By:
Thomas R. Mooney, AICP
Acting Planning Director
Underline = new language
Double-unclerline = new language added at 1"t reading
S+i*etn+eugh = deleted language
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I'll^l,ll HERAI-D I Hia rniHerald.(om THURSDAY, MAY 8. 2OI4 IIIINE
MIAMIBEACH
ClW OF MIAMIBEACH
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Rdael L Gnnado, City Clerk
City o, Mrami Beach
318