R7A-Waive 5-7th Vote Allow Alcohol Sales For O Cinema At Byron CarlyleCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Pursuant To Section 142-452(D) Of The City Code, Waiving By 5/7'n Vote Of The City
Commission After Public Hearing, The Development Regulations Under Section 64(4) To Allow For Alcohol
Sales For Consumption On Site For O Cinema At The Byron Carlyle Theater And At The Miami Beach
ci Theater; Two Not-For-Profit, Cultural Orqanizations Utilizinq The Theaters.
Maximize Miami Beach as a Brand Destination and lmprove Alliance with Key Business Sectors, Namely
Hospitality, Arts and lnternational Business with a Focus on Enhanced Culture. Entertainment and Tourism.
Supporting Data (Surveys, Environmental Scan, etc.) N/A
Item Summary/Recommendation :
PUBLIC HEARING
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 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 Chapter6 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 142425(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 City's Land Development Regulations (LDR), specifically Section 142-425(d), provides the City
Commission with the ability to waiver, but 5/7'n vote, and following review by the Planning Board, and a public
hearing before the City Commission, the City's development regulations on governmentally owned or leased
buildings at GU zoned properties, provided the proposed user is a not-for-profit, educational or cultural
organizations, and provided the GU sites are continually used for such non-profit, educational or cultural
purposes. Pursuant to the requirements of 142-425(d), an analysis was conducted and the Planning Director
determined that the sale of alcohol is a use that is a development regulation that may be waived for GU zoned
properties, as the nolfor-profit, cultural organizations managing the theaters would provide cultural
opportunities to the general public and would continually use the premises for such cultural purpose.
The Administration recommends the City Commission the attached Resolution.
The City's Planning Board discussed this matter at their September 23,2014 meeting and unanimously
recommended in favor of the subiect waiver.
Financia! lnformation:
Source of
Funds:
Financial lmpact Summary: N/A
Max Sklar, ext. 6116
AGENDA ITEM R?Ab
-
MIAMIBEACH o^re lo'LL-lL{438
E MIAMIBEACH
Cfi ol Mloml Beoch, l70O Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City Cofimission
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MA
PUBLIC HEARING
AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, PURSUANT TO SECTTON 142452(dl OF THE CtTy
GODE, WAIVING BY 5/7TH VOTE OF THE CITY COMMISSION AFTER PUBLIC
HEARING, THE DEVELOPMENT REGULATTONS UNDER SECTTON 64(4) TO
ALLOW FOR ALCOHOL SALES FOR CONSUMPTION ON SITE FOR O CINEMAAT THE BYRON CARLYLE THEATER AND AT THE MIAMI BEACH
CINEMATHEQUE THEATER; TWO NOT-FOR-PROFIT, CULTURAL
ORGANIZATIONS UTILIZING THE THEATERS.
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 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."
Section 142-422 of the City Code, provides that the "main permitted uses in the GU government
use district are government buildings and uses, including but not limited to parking lots and
garages; parks and associated parking; schools; performing arts and cultural facilities;
439
Stf Waiver Devel op ment Reg u I ati on s
Alcoholic Beverages At Byron Carlyle Theater (O Cinema) and Cinematheque
Commission Memorandum
October 22,2014
Page 2 of 2
monuments and memorials. Any use not listed above shall only be approved after the City
Commission holds a public hearing. See subsection 142-425(e) for public notice requirements;"
and
The City's Land Development Regulations (LDR), specifically Section 142-425(d), provides the
City Commission with the ability to waiver, but 5/7th vote, and following review by the Planning
Board, and a public hearing before the City Commission, the City's development regulations on
governmentally owned or leased buildings at GU zoned properties, provided the proposed user
is a not-for-profit, educational or cultural organizations, and provided the GU sites are
continually used for such non-profit, educational or cultural purposes. Pursuant to the
requirements of 142-425(d), an analysis was conducted and the Planning Director determined
that the sale of alcohol is a use that is a development regulation that may be waived for GU
zoned properties, as the not-for-profit, cultural organizations managing the theaters would
provide cultural opportunities to the general public and would continually use the premises for
such cultural purpose.
The City's Planning Board discussed this matter at their September 23, 2014 meeting and
unanimously recommended in favor of the subject waiver. The City Administration supports the
request provided that the not-for-profit, cultural organizations utilizing the theaters otherwise
comply with Chapter 6, as it relates to hours of operation, require only on premises
consumption, provide a Minor Control Program, designate alcohol beverage consumption areas,
obtain applicable state licenses for the sales and consumption of such beverages, and collect
and remit Resort Taxes to the City for alcohol sales, as required under Section 102-306 of the
Code.
Section .142-425(e) requires, public notice in a newspaper of general paid circulation in the City
at least fifteen (15) days prior to the hearing and further, requires fifteen (15) days prior to the
public hearing date, both a description of the request and the time and place of such hearing
shall be posted on the property, and notice shall also be given by mail to the owners of land
lying within 375 feet of the property. The City provided notice to all property owners within 375
feet of the Byron Carlyle Theater (O Cinema) and Old City Hall (Cinemateque) within the
required time period.
CONGLUSION
The A/pinislrFtion recommends the City Commission adopt the attached Resolution.
ILM.#B,W
T:\AGENDA\2014\October\TCED\Waiver of Dev Regs for Byron and Cinemateque MEMO.docx
We are commilted lo providing excellenl pubhc servtce ond sofety fo oll who iive work ond ploy in our vibront troptcol htstoric communif/
440
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, PURSUANT TO SECTTON 142-425(d) OF THEqry coDE, wAtvtNG By 5/7rH vorE oF THE ctry coMMlsstoN AFTER
PUBLIC HEARING, THE DEVELOPMENT REGULATIONS UNDER SECTION
6-4(4) TO ALLOW FOR ALGOHOL SALES FOR CONSUMPTTON ON S|TE
FOR O CINEMA AT THE BYRON CARLYLE THEATER AND AT THE MTAMI
BEACH GINEMATHEQUE THEATER; TWO NOT-FOR-PROFIT, CULTURAL
ORGANIZATIONS UTILIZ!NG THE THEATERS.
WHEREAS, On May 21, 2014, Ordinance No. 2014-3861 was adopted, which amended
City Code Section 6-4(4), in order to permit alcohol 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); and
WHEREAS, although Section 6-4(4), of the City Code was amended, on-premises sale
and consumption of alcoholic beverages is a not permitted use at the Miami Beach
Cinematheque and at the Byron Carlyle Theater, as neither theater meets the minimum criteria
of 15,000 square feet, 300 permanent auditorium seats; and are not located in the CD-3 zoning
district; and
WHEREAS, the City is proposing to enter into a management agreement with O Cinema
for the Byron Carlyle Theater and Cinematheque already has a tenant; and
WHEREAS, both the Cinematheque tenant and O Cinema are not-for-profit, educational
or cultural organizations; and
WHEREAS, the draft management agreement between the City and O Cinema concepts
the sale of alcohol for consumption on the premises, during performances, and
WHEREAS, both theaters are zoned Government Use (GU) but do not qualify under
Section 6-4(4) of the Code to sell alcohol for consumption on premises; and
WHEREAS, Section 142-422 of the City Code, provides that the "main permitted uses in
the GU government use district are government buildings and uses, including but not limited to
parking lots and garages; parks and associated parking; schools; performing arts and cultural
facilities; monuments and memorials. Any use not listed above shall only be approved after the
City Commission holds a public hearing. See subsection 142-425(e) for public notice
requirements;" and
WHEREAS, the City of Miami Beach Land Development Regulations (LDR) at Section
142-425(d), provides, following review by the Planning Board, and a public hearing before the
City Commission, for a waiver, by 5l7th vote of the City Commission, of the City's development
regulations on governmentally owned or leased buildings at GU zoned properties, provided the
proposed user is a not-for-profit, educational or cultural organizations, and provided the GU
sites are continually used for such non-profit, educational or cultural purposes; and
441
WHEREAS, pursuant to the requirements of 142-425(d), an analysis was conducted and
the Planning Director determined that the sale of alcohol is a use that is a development
regulation that may be waived for GU zoned properties, as the not-for-profit, cultural
organizations managing the theaters would provide cultural opportunities to the general public
and would continually use the premises for such cultural purposes; and
WHEREAS, the Administration supports the request pursuant to section 142-425(d), to
waive that portion of Section 6-4(4), to allow the Byron Carlyle and the Cinematheque theaters,
which are both zoned GU, to sell alcohol for consumption on the premises during performances,
provided, however, that the nolfor-profit, cultural organizations utilizing the theaters othenvise
comply with Chapter 6, as it relates to hours of operation, require only on premises
consumption, provide a Minor Control Program, designate alcohol beverage consumption areas,
obtain applicable state licenses for the sales and consumption of such beverages, and collect
and remit Resort Taxes to the City for alcohol sales, as required under Section 102-306 of the
Code; and
WHEREAS, the City Commission determines it is appropriate to waive the development
regutations by a 5l7th vote to allow alcohol sales for consumption on the premises of the Byron
Carlyle Theater and Cinematheque, provided, however, that all other regulations relating to
Chapter 6 shall apply to the not-for-profit and cultural organizations using the theaters.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, pursuant to section 142-425(d) of the City Code,
waiving by 5l7th vote of the City Commission after public hearing, the development regulations
under section 6-4(4) to allow for alcohol sales for consumption on site for O Cinema at the
Byron Carlyle Theater and at the Miami Beach Cinematheque Theater; two not-for-profit,
cultural organizations utilizing the theaters.
PASSED AND ADOPTED this
ATTEST:
day of 2014.
Rafael Granado, City Clerk Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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