R5V-Alcoholic Beverages - Correct Section 6-3 Hours of SaleE MIAMIBEACH
City of llliomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochf .gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
FRoM: RaulAguila, City Attorney]*(ft, t--_.
CC: Jimmy Morales, City Manager
DATE: May 21,2014 FIRST READING
SUBIECT:ALCOHOLIC BEVERAGES - CORRECT 6-3 HOURS OF SALE
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6, "ALCOHOLIC
BEVERAGES," OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
AMENDING SECTION 6-3, "HOURS OF SALE,'' TO CORRECT SCRIVENER'S
ERRORS CONCERNING ON-PREMISES AND OFF.PREMISES REGULATIONS,
TO REFLECT THE ACTION OF THE CITY COMMISSION IN PREVIOUS
AMENDMENTS TO SUCH CHAPTER, RESTORING TO THE CODE THE ON.
PREMISES CONSUMPTION REGULATION BETWEEN 8:00 A.M. AND 5:00 A.M.,
AND RESTORING TO THE CODE THE OFF-PREMISES CONSUMPTION
REGULATION ALLOWING THE SALE OF ALCOHOLIC BEVERAGES UNTIL
MIDNIGHT; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
RECOMiIIENDATION
Approve the Ordinance on First Reading and schedule a Second Reading Public Hearing.
BACKGROUND/ANALYSIS
The City Attorney's Office has noticed that Chapter 6, Article l, 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 1''l :00 p.m. to midnight, instead amended subsection 6-3(3), and left subsection 6-
3(4) with the old 1 1:00 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 beveraqe establishments (midniqht
to 5:00 a.m.), either as permitted main or accessory uses. shall onlv offer for sale the on-premises@
Date S'zt'lll
TO:
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Commission Memorandum
Alcohol Beverages - Correct Section 6-3 on Hours of Sale
May 21,2014
Page 2 of 2
consumotion of alcoholic beveraqes within the hours of 8:00 a.m. and 5:00 a.m. on anv dav 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 g.gg-B=m.
midniqht, for all establishments licensed as alcoholic beverage establlshments.
CONCLUSION
The City Commisslon should approve the Ordinance on First Reading and schedule a Second
Reading Public Hearing.
f,rRA/GMH/s
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ALCOHOLIC BEVERAGES - CORRECT SECTION 6-3 HOURS OF SALE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6, "ALGOHOLIC
BEVERAGES," OF THE CODE OF THE CIry OF MIAMI BEACH, FLORIDA,
BY AMENDING SECTION 6-3, ''HOURS OF SALE," TO CORRECT
SCRIVENER'S ERRORS CONCERNING ON.PREMISES AND OFF-PREM!SES
REGULATIONS, TO REFLECT THE AGTION OF THE GITY COMMISSION IN
PREVIOUS AMENDMENTS TO SUCH CHAPTER, RESTORING TO THE
CODE THE ON-PREMISES CONSUMPTION REGULATION BETWEEN 8:00
A.M. AND 5:00 A.M., AND RESTORING TO THE CODE THE OFF-PREMISES
CONSUMPTION REGULATION ALLOWING THE SALE OF ALCOHOLIC
BEVERAGES UNTIL MIDNIGHT; PROVIDING FOR GODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Code of the City of Miami Beach, as permitted by state law, contains
various restrictions on the sale of alcoholic beverages within the City; and
WHEREAS, Section 6-3 of the Code restricts the sale of alcoholic beverages to certain
specified hours, depending upon the type of license obtained; and
WHEREAS, cedain errors have occurred in prior ordinances adopted by the City
Commission concerning on-premises and off-premises regulations on consumption of alcoholic
beverages, and this ordinance is intended to correct such errors; and
WHEREAS, 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; and
WHEREAS, two corrections need to be made. First, 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 beveraqe establishments (midnioht to
5:00 a.m.). either as permitted main or accessory uses, shall onlv offer for sale
the on-premises consumption of alcoholic beveraoes within the hours of 8:00
a.m. and 5:00 a.m. on anv dav of the week.
WHEREAS, second, subsection 6-3(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{+eep.m-. Ejd_1i9h!, for all establishments licensed as alcoholic beverage
establishments.
WHEREAS, this ordinance accomplishes the purposes set forth above.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
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SECTION 1. That Section 6-3, entitled "Hours of Sale," of Chapter 6, entitled "Alcoholic
Beverages," of the Code of the City of Miami Beach, Florida is hereby amended to read as
follows:
Sec. 6-3. Hours of sale.
The hours of sale of alcoholic beverages shall be according to the following
schedule, except as may be othenuise provided pursuant to subsection (7):
(1) Retail 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 8:00
a.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 beveraqe establishments (midniqht to
5:00 a.m.). either as permitted main or accessory uses, shall onlv offer for sale the
on-premises consumption of alcoholic beveraoes within the hours of 8:00 a.,m.
and 5:00 a.m. on anv dav of the week. @
lieensed as aleehelie beverage establishments,
a. Restaurants with full kitchen facilities, serving full meals, licensed as
alcoholic beverage establishments (midnight to 5:00 a.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 5:00 a.m. and
8:00 a.m.
b. Restaurants with full kitchen facilities, serving full meals, licensed as
alcoholic beverage establishments (midnight to 5:00 a.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 5:00 a.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 5:00 a.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 8:00 a.m.
Note: For purposes of thls 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 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 8:00 a.m.
and 4J+00+,m= midniqht, for all establishments licensed as alcoholic beverage
establishments.
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(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 8:00 a.m. and 5:00
a.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 2:00 a.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 2:00 a.m. and 5:00 a.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 alcohollc beverages after 2:00 a.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. ln addition, this
section may be enforced and violations may be punished as second degree
misdemeanors, as provided in F.S. SS 775.O82 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
7:00 a.m. on January 1 (New Year's Day) or, if January 1 is on a Sunday, until
7:00 a.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 depa(ment and the code compliance division of the city
must be notified by a letter, received no laterthan '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. lf deemed reasonably necessary by the police chief, or the police
chiefs designee, off-duty police officers must be provided at the alcoholic
beverage establishment until 7:00 a.m.;
c. There are no pending city Code violations against the alcoholic
beverage establishment;
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, orwelfare.
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
until 6:00 a.m. on the first day of daylight savings time in the spring.
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(8) The city manager may suspend the provisions of subsection (7) at any time to
protect the public health, safety, or welfare.
SECTION 2. 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 Intentlon; and that the word "ordinance" may be changed to "section' or other appropriate
word.
SECTION 3. 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 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of _,2014.
ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
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