R5H-Definition Of Motion Picture TheaterCOMMISSION ITEM SUMMARY
lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
rowth manaqement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% ol residential respondents and 55% of
businesses rate the effort out forth bv the Citv to requlate d is "about the riqht amount."
Condensed Title:
First Reading to consider an Ordinance Amendment creating a definition for Motion Picture Theaters.
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance would create a definition for Motion Picture Theaters.
The Administration recommends that the City Commission approve the Ordinance at First Reading
and schedule a Second Reading Public Hearing for October 22,2014.
Glerk's Office
T:\AGENDA\2014\September\Motion Picture Definition - SUM First Reading.docx
AGENDA rrer'r flSll
On July 22,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
5 to 0 (Planning Board File No. 2196).
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
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 Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
MIAMIBEACH D^re q10-(q549
MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33'l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: September10,2014
SUBJECT: DEFINITION OF MOTION PICTUR
the City C
HEATER
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, BY AMENDING CHAPTER 114, "GENERAL
PROVISIONS," SECTION 114-1, "DEFIN|TIONS," BY ADDING A
DEFINITION OF MOTION PICTURE THEATRE; PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
ADM! NISTRATION REGOMM EN DATION
The Administration recommends that the City Commission approve the Ordinance at
First Reading and schedule a Second Reading Public Hearing for October 22,2014.
BACKGROUND
On May 21,2014 the City Commission adopted Ordinance No. 2014-3861, which
established criteria, standards and procedures for the sale of alcohol in motion picture
theaters. Such Ordinance, which was initiated at the request of Regal Cinemas, will
allow the sale of alcohol 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).
As, the City's Land Development Regulations do not currently define 'motion picture
theaters', the City Commission also referred an Ordinance Amendment to the Planning
Board to create a definition for motion picture theaters.
ANALYSIS
The subject Ordinance proposes the following definition for motion picture theaters:
Motion Picture Theater means a building or part of a building used solely for the
purpose of showing movies, motion pictures and projections of events and
performances conducted elsewhere, including permitted accessory uses, such as
eating and drinking concessions; and provided such theater, or any part thereof,
is not an adult entertainment establishment (section 142-1271), dance hall, nor
entertainment establishment (section 1 1 4-1).
c,
FIRST READ!NG
550
Commission Memorandum
Ordinance - Definition of Motion Picture Theater
September 10,2014 Page 2 of 2
The proposed definition cross-references Section 142-1277-1, Adult Entertainment, to
make it clear that any theaters that meet the definition for an adult establishment would
not meet the criteria for alcohol sales. The definition proposed herein also goes slightly
beyond the traditional, static'motion picture', which is a movie filmed elsewhere for later
viewing. Popular in large auditorium theaters are the projection of certain types of live
activities, such as concerts and sporting events.
PLANNING BOARD REVIEW
On July 22, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 5 to 0 (PB File No. 2196).
FISCAL !MPACT
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 Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
CONCLUSION
The Administration recommends that the City Commission approve the Ordinance at
First Reading and schedule a Second Reading Public Hearing for October 22,2014.
JLM/JMJ/TRM
T:\AGENDA\2O14\SeptembeAMotion Picture Definition - MEM First Reading.docx
551
DEF!NITION OF MOTION PICTURE THEATER
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER {14,..GENERAL PROVISIONS," SECTION 114.1, "DEFINITIONS," BY
ADDING A DEFINITION OF MOTION PICTURE THEATRE; PROVIDING
FOR REPEALER; GODIFICATION; SEVERABILITY; 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 City Commission deems it advisable to update the definitions in
the Land Development Regulations to include Motion Picture Theaters; and
WHEREAS, changing the definitions is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE GIry OF MIAMI BEACH, FLORIDA.
SECTION 1. City Code, Chapter 114, "General Provisions," Section 114-1, "Definitions,"
is hereby amended as follows:
Sec. 1 14-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Mofion Prcfure Iheafer means a buildinq or part of a buildino used solelv for the purpose
of showinq movies. motion pictures. and proiections of events and performances
conducted elsewhere, includino permitted accessorv uses such as eatino and drinkino
concessions; and provided such theater, or anv part thereof. is not an adult
entertainment establishment (section 142-1271), dance hall, nor entertainment
establishment (section 1 14-1).
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. 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.
SECTION 4. Severability.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
552
remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following
PASSED and ADOPTED this day of
ATTEST:
CITY CLERK
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
adoption.
2014.
First Reading:
Second Reading:
September 10,2014
October 2014
Date
?*\ Eo'F
ft City Attorney
Verified by:
Thomas R. Mooney, Al
Planning Director
T:\AGENDAVO 1 4\Septem be^Motion Picture Defin ition - ORD First Reading.docx
2of2
553
THIS PAGE INTENTTONALLY LEFT BLANK
554