C4F-Ref- Planning Board - Review Waiver For Alcoholic Beverage Service At Byron&':MIAM TACH
City ol Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
IrjTo: Mayor Philip Levine and Members ofithe City Cofhmission
li i-.FRoM: Jimmy L. Morales, City Manager ff-1*
DATE: September 10,2014 ;j t
u
SUBJECT: REFERRAL TO THE PLANNING BbARD
REVIEW OF AWAIVER OF DEVELOPMENT REGULATIONS !N A GU DISTRIGT
FOR ALCOHOLIC BEVERAGE SERVICE AT THE BYRON CARLYLE THEATER
FOR O CINEMA AND AT THE MIAMI BEACH CINEMATHEQUE.
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 fonruard 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 was subsequently modified to restrict alcohol consumption in areas
and auditoriums where no minors would be permitted.
On May 21, 2014, Ordinance No. 2014-3861 was adopted, which amended City Code Chapter
6 regarding the permitting of alcoholic beverage sales in movie theaters. The City Code now
allows for 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).
Although the City Code was amended as described above, on-premises sale and consumption
of alcoholic beverages is not permitted at the Miami Beach Cinematheque and, if the City
Commission approves the proposed management agreement with O Cinema, would not be
permitted at the Byron Carlyle Theater.
Both locations are zoned Government Use (GU) and, as per Section 142-425(d) of the City
Code, the City Commission may wave by five sevenths vote, following a public hearing,
development regulations "pertaining to governmental owned or leased buildings, uses and sites
which are wholly used by, open and accessible to the general public, or used by not-for-profit,
educational, or cultural organizations, or for convention center hotels, or convention center hotel
accessory garages, or city utilized parking lots, provided they are continually used for such
purposes."
The aforementioned Section further requires Planning Board review prior to approval by the City
Commission.
CONCLUSION
The Administration recommends the item be referred to the Planning Board.
*rr,,:xce/pld
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