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OFFICE OF THE CIry ATTORNEY
RAULJ. AGUIIA, CIry ATTORNEY COMMISSION MEMORANDUM
To:
From:
Mayor Philip Levine
Members of the City Commission
Date: May 6, 2015
I?,r^J;19! r&\a/v1 0A;{'--
City Attorney
Subject: AN ORDINANCE OF THE MAYOR AND Clry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6, ENTITLED "ALGOHOLIC
BEVERAGES," OF THE CODE OF THE CITY OF MIAM! BEACH, FLORIDA,
ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED..HOURS OF SALE," TO TERMINATE THE SALE AND CONSUMPTION OF
ALCOHOLIG BEVERAGES AT SIDEWALK CAFES AT 2:00 A.M., PROHIBIT THE
GRANTING OF VARIANCES FROM THE PROVTSIONS OF SECTTON 6-3(3Xd),
AND PROVIDE FOR PENALT!ES; AND PROVIDING FOR REPEALER,
SEVERABILIry, CODIFICATION, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC
PROPERry,'' OF THE CODE OF THE CITY OF MIAM! BEACH, FLORIDA, BY
AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS.OF.WAY,"
DIVISION 5, ENTITLED "SIDEWALK CAFES," SUBDIVISION II, ENTITLED..PERMIT," BY GREATING SECTION 82-388 THEREOF, ENTITLED "HOURS OF
SALE OF ALCOHOLIC BEVERAGES; ENFORCEMENT," TO TERMINATE THE
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT SIDEWALK
CAFES AT 2:00 A.M., AND PROVIDE THAT SECTION 82-388 SHALL BE
ENFORGED PURSUANT TO SECTION 6-3(8) OF THE CITY CODE; AND
PROVIDING FOR REPEALER, SEVERABILIry, CODIFICATION, AND AN
EFFECTIVE DATE.
lntroduction
Pursuant to the request of Mayor Philip Levine, the attached Ordinances are submitted for
consideration by the City Commission. The first Ordinance amends Chapter 6 of the City Code,
entitled "Alcoholic Beverages," Article l, Section 6-3 thereof, entitled "Hours of Sale," to
terminate the sale and consumption of alcoholic beverages at sidewalk cafes at 2:00 a.m.,
prohibit the granting of variances from the provisions of Section 6-3(3)(d), and provide penalties
for violations of Section 6-3.
Agenda ltem Rsrc
Date S--6-1f,-549
Ordinances Terminating Sale of Alcoholic Beverages at Sidewalk Cafes at 2:00 a.m.
May 6,2015
Page 2
The second Ordinance amends Chapter 82, Article lV, Division 5, by creating Section 82-388
thereof, to reflect that alcoholic beverages shall not be offered for sale or consumption at
sidewalk cafes between the hours of 2:00 a.m. and 8:00 a.m.
The City's Authority to Regulate the Hours of Sale of Alcoholic Beverages
The State expressly grants the City the authority to establish its own regulations for the time for
sale of alcoholic or intoxicating beverages. Pursuant to Section 562.14, Florida Statutes, no
alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in
any place licensed to sell alcoholic beverages between the hours of midnight and 7:00 a.m.,
unless a municipality elects to establish its own regulations for the time for sale of alcoholic or
intoxicating beverages. Section 562.14, Florida Statutes, clearly indicates that the State shall
not be responsible for the enforcement of the hours of sale established by municipal ordinance.
ln Wednesdav Niqht, lnc. v. City of Fort Lauderdale,2T2 So.2d 502 (Fla. 1972), the Florida
Supreme Court upheld Section 562.14, Florida Statutes, holding that the statute, which relates
to state, municipal, and county regulations of the time for sale of alcoholic and intoxicating
beverages (1)does not contravene Federal and State constitutional guarantees of due process
and equal protection of the laws; (2) does not constitute an unlawful delegation of the powers of
the legislature; and (3) does not contravene any of the prohibitions against special laws or
general lawsof local applicationappearinginSectionll of Articlelll of theFloridaConstitution.
Florida Courts have held that a municipality exercising its inherent powers may reasonably
regulate the sale of intoxicating liquors and, in providing such reasonable regulations, may
prohibit sale of such liquors within certain zones. State ex rel. Flovd v. Noel, 169 So.549 (Fla.
1936). Furthermore, the Florida Attorney General has opined that a municipality may regulate
(1)the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3)
the sanitary conditions under which alcoholic beverages may be dispensed or served to the
public. Op. Att'y Gen. Fla., 059-73 (1959).
Based upon the foregoing, it is clear that a City may regulate the hours of sale of alcoholic
beverages at sidewalk cafes, provided the regulations are not exercised in an arbitrary or
discriminatory manner, and are grounded upon some reasonable basis of classification with
reference to the subject matter to be regulated. Makos v. Prince, 64 So. 2d 670 (1953). ln
regulating the sale of alcoholic beverages, the City may create regulations that establish
separate zones and the Courts do not require that regulation of hours be uniform throughout the
jurisdictional limits. ld. The Florida Attorney General has opined that different hours may be
provided for in a municipal ordinance, provided there is reasonable relation to the health, safety,
and morals of the community. Op. Att'y Gen. Fla., p.497 (1950).
To be clear, a business is neither entitled to "grandfathered" status nor entitled to enjoin
enforcement of an ordinance regulating the times during which liquor may be sold. Villaqe of
North Palm Beach v. S & H Foster's lnc.,80 So.3d 433 (Fla.4th DCA 2012); Other Place of
Miami, lnc. v. Citv of Hialeah Gardens,353 So.2d861 (Fla.3d DCA 1977). Further, the courts
have upheld municipal ordinances against claims for injunctive relief against municipal
ordinances regulating the time at which alcoholic beverages may be sold, because
municipalities have the statutory authority to set times for sale of alcoholic beverages. ld.;
Plavpen S., lnc. v. Citv of Oakland Park. 396 So. 2d 830 (Fla.4th DCA 1981). Lastly, Florida
Courts have ruled that hours of operation are not a property right. S. Davtona Rests., lnc. v. Citv
of S. Davtona. 186 So. 2d 78 (Fla. 1st DCA 1966).
550
Ordinances Terminating Sale of Alcoholic Beverages af Sidewalk Cafes at 2:00 a.m.
May 6,2015
Page 3
Amendments to Ghapter 6, "Alcoholic Beverages"
Section 6-3 of the City Code, entitled "Hours of Sale," of Chapter 6, entitled "Alcoholic
Beverages," regulates the hours during which alcoholic beverages may be sold in the City. The
first attached Ordinance amends Section 6-3 by creating Section 6-3(3Xd) to prohibit the sale or
consumption of alcoholic beverages at sidewalk cafes between the hours of 2:00 a.m. and 8:00
a.m. Section 6-3(3)(d) also prohibits the grant of any variances that would allow a sidewalk cafe
permittee to offer alcoholic beverages for sale or consumption between the hours of 2:00 a.m.
and 8:00 a.m.
The first Ordinance also amends Section 6-3 to provide enforcement and penalty provisions for
violations of any provision of Section 6-3. Violators of Section 6-3 would face a civil fine of
$1,000 for a first offense within a 12-month period, $5,000 for a second offense within a 12-
month period, and $10,000 for a third offense within a 12-month period. A fourth or subsequent
offense within a '12-month period would result in a revocation of the violator's certificate of use,
business tax receipt, or certificate of occupancy. Upon a fourth or subsequent offense, the
violator would be prohibited from applying for and obtaining a new sidewalk cafe permit for a
period of two permit years following the permit year in which the sidewalk cafe permittee
incurred the violations. Due to the public safety implications of the sale and consumption of
alcoholic beverages at sidewalk cafes after 2:00 a.m., Section 6-3(8)(b) requires that the sale of
alcoholic beverages in violation of Section 6-3 must be immediately terminated.
A citation under Section 6-3 may be appealed to the City's Special Master within 10 days of
service of the notice of violation. The failure of a named violator to appeal a violation shall
constitute a waiver of the violator's right to appeal, and shall be treated as an admission of the
violation. The special master shall not hear the merits of a notice of violation or consider the
timeliness of a request for appeal if a violator fails to request a hearing within ten days of the
service of the notice of violation. Additionally, the special master shall not be authorized to alter
the penalties prescribed in Section 6-3(8).
Amendments to the Sidewalk Cafe Ordinance
Chapter 82, al Article lV, Division 5 (the "Sidewalk Cafe Ordinance") sets forth regulations for
the City's sidewalk cafes. The second attached Ordinance amends the Sidewalk Cafe
Ordinance by creating Section 82-388, to reflect that alcoholic beverages shall not be offered for
sale or consumption at sidewalk cafes between the hours of 2:00 a.m. and 8:00 a.m. The sale
or consumption of alcoholic beverages in violation of Section 82-388 shall be enforced pursuant
to Section 6-3(8), as amended by the first attached Ordinance.
551
CHAPTER 6 - ALCOHOLIC BEVERAGES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MtAMt BEACH, FLOR|DA, AMENDTNG CHAPTER 6, ENTITLED,,ALCOHOLIC
BEVERAGES," OF THE CODE OF THE CIry OF MIAMI BEACH, FLORIDA,
ARTICLE I, ENTITLED "IN GENERAL,'' SECTION 6.3 THEREOF, ENTITLED.,HOURS OF SALE," TO TERMINATE THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES AT SIDEWALK CAFES AT 2:00 A.M., PROHIBIT
THE GRANTING OF VARIANCES FROM THE PROVISIONS OF SECTION 6-
3(3Xd), AND PROVIDE FOR PENALTIES; AND PROVIDING FOR REPEALER,
SEVERABIL!TY, GODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") regulates the location, size and hours of
operation, and patron age of uses, that permit the sale and consumption of alcoholic beverages
in Chapter 6 of the City Code, entitled "Alcoholic Beverages"; and
WHEREAS, it is in the best interest of the City, and it serves the health, safety, and
welfare of the City's residents and visitors, to require that sidewalk cafes, which are located on
public rights-of-way, terminate the sale and consumption of alcoholic beverages at 2:00 a.m.,
because the sale and consumption of alcoholic beverages at sidewalk cafes can disturb the
quiet enjoyment of the community, cause undesirable noise, result in physical disputes amongst
patrons and passers-by, and contribute to litter, noxious odors, and the general degradation of
the City; and
WHEREAS, the Miami Beach Police Department has requested that the City limit the
hours during which alcoholic beverages may be sold or consumed at sidewalk cafes, because
the sale and consumption of alcoholic beverages at sidewalk cafes implicates the safety of the
City's residents and visitors, as well as the police officers sworn to protect them; and
WHEREAS, this amendment to Chapter 6 of the City Code is intended to ensure that
Officer Eduard Alba of the Miami Beach Police Department is recognized for dedicating himself
to protecting this City and lts residents and visitors, and to ensure that other officers are not
endangered; and
WHEREAS, the State expressly grants the City the authority to establish its own
regulations for the time for sale of alcoholic or intoxicating beverages; and
WHEREAS, pursuant to Section 562.14, Florida Statutes, no alcoholic beverages may
be sold, consumed, served, or permitted to be served or consumed in any place licensed to sell
alcoholic beverages between the hours of midnight and 7:00 a.m., unless a municipality elects
to establish its own regulations for the time for sale of alcoholic or intoxicating beverages; and
WHEREAS, Section 562.14, Florida Statutes, clearly indicates that the State shall not be
responsible for the enforcement of the hours of sale established by a municipal ordinance; and
WHEREAS, in Wednesdav Niqht, lnc. v. Citv of Fort Lauderdale, 272 So. 2d 502 (Fla.
1972), the Florida Supreme Court upheld Section 562.14, Florida Statutes, holding that the
statute, which relates to state, municlpal, and county regulations of the time for sale of alcoholic
552
and intoxicating beverages (1) does not contravene Federal and State constitutional guarantees
of due process and equal protection of the laws; (2) does not constitute an unlaMul delegation
of the powers of the legislature; and (3) does not contravene any of the prohibitions against
special laws or general laws of local application appearing in Section 11 of Article lll of the
Florida Constitution; and
WHEREAS, Florida Courts have determined that it is within the police power and
authority for a municipality to change the hours of regulation of alcoholic beverages, because
municipalities have the statutory authority under Section 562.14, Florida Statutes, to restrict the
sale of alcohol; additionally, a municipal ordinance regulating the hours of sale of alcoholic
beverages may be applied to a property incorporated later into the municipality by annexation.
Villaqe of North Palm Beach v. S & H Foster's, lnc., 80 So. 3d 433 (Fla. 4th DCA 2012); and
WHEREAS, Florida Courts have held that a municipality exercising its inherent powers
may reasonably regulate the sale of intoxicating liquors and, in providing such reasonable
regulations, may prohibit sale of such liquors within certain zones. State ex rel. Flovd v. Noel,
169 So. 549 (Fla. 1936); and
WHEREAS, the Florida Attorney General has opined that a municipality may regulate (1)
the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3) the
sanitary conditions under which alcoholic beverages may be dispensed or served to the public.
Op. Att'y Gen. Fla., 059-73 (1959); and
WHEREAS, the City may regulate the hours of sale of alcoholic beverages at sidewalk
cafes, provided the regulations are not exercised in an arbitrary or discriminatory manner, and
are grounded upon some reasonable basis of classification with reference to the subject matter
to be regulated. Makos v. Prince, 64 So. 2d670 (1953); and
WHEREAS, such regulations may establish separate zones and do not require that
regulation of hours be uniform throughout the jurisdictional limits. ld.; and
WHEREAS, in fact, the Florida Attorney General has opined that different hours may be
provided for in a municipal ordinance, provided there is reasonable relation to the health, safety,
and morals of the community. Op. Att'y Gen. Fla., p.497 (1950); and
WHEREAS, a business is neither entitled to "grandfathered" status nor entitled to enjoin
enforcement of an ordinance regulating the times during which liquor may be sold. Villaqe of
North Palm Beach v. S & H Foster's lnc., 80 So.3d 433 (Fla.4th DCA2012); Other Place of
Miami, lnc. v. Citv of Hialeah Gardens. 353 So. 2d 861 (Fla. 3d DCA 1977), and
WHEREAS, injunctive relief is not available against the enforcement of a municipal
ordinance regulating the time at which alcoholic beverages may be sold, because municipalities
have the statutory authority to set times for sale of alcoholic beverages. ld.; Playpen S., lnc. v.
Citv of Oakland Park. 396 So. 2d 830 (Fla. 4th DCA 1981); and
WHEREAS, Florida Courts have ruled that hours of operation are not a property right. S.
Davtona Rests.. lnc. v. Citv of S. Davtona. 186 So. 2d78 (Fla. 1st DCA 1966); and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
553
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 6-3, entitled "Hours of Sale," of Article
Code of the City of Miami Beach is hereby amended as follows:
AND CITY COMMISSION
l, of Chapter 6, of the City
CHAPTER 6
ALCOHOLIC BEVERAGES
ARTICLE l. ln General
Sec. 6-3. Hours of Sale.
The hours of sale of alcoholic beverages shall be according to the following schedule,
except as may be otherwise provided pursuant to subsection (7) (Q):
Retail stores for packaqe sales onlv, either as permitted main or accessory uses.
enly; either as permitted main er aeeessery 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 otf
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.
Retail stores. includinq qroceru and convenience stores. and qasoline
seruice/fillinq stations, which primaril:l offer for sale products other than alcoholic
beveraqes. 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 only 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.
Alcoholic beveraqe establishments. All establishments licensed as alcoholicbeverageestablishments@,eitheraspermittedmainor
accessory uses, shall only offer alcoholic beveraqes for sale the or on-premisesconsumption@withinthehoursof8:00a.m.and5:00a.m.
on any day of the week.
a. Restaurants not operatinq as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholicbeverageestablishments@,butnotoperatingasdance
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 also operatino as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholicbeverageestablishments@,andalsooperatingas
dance halls, or entertainment establishments, may remain open 24 hours a
d"y; however, alcoholic beverages may not be offered for sale or on-
(1)
(2)
(3)
554
(4)
(5)
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 beveraqe establishments. Other alcoholic beverage
establishments@,notcontainingrestaurantswithfull
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.
d. Srdewa/k cafes. Notwithstandinq the provisions of subsections (3)(a) throuqh
(c), alcoholic beveraqes shall not be offered for sale or consumption at
sidewalk cafes, as defined in section 82-366 of this Code and as otherwise
permitted bv the Citv in accordance with chapter 82, article lV. division 5,
subdivision ll of this Code (as mav be amended from time to time), between
the hours of 2:00 a.m. and 8:00 am. No variances mav be qranted from the
provisions of this section 6-3(3Xd) as to the hours of sale or consumption of
alcoholic beveraqes at sidewalk cafes.
Note: For purposes of this section, full kitchen facilities shall mean having
commercial grade burners, ovensr 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.
Off-premises packaqe sales bv alcoholic beveraqe establishments. 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.
Private clubs. A Pdva+e private clubs, either as a permitted main or accessoryuse, shall onlv offer alcoholic
beveraqes for sale or on-premises consumption if the private club, in accordance
with section 6-2(a), secures a license for the distribution or sale of anv alcoholic
beveraqes from the division of alcoholic beveraoes and tobacco of the
department of business and professional regulation of the state. Heurs ef
Private
clubs licensed as alcoholic beveraqe establishments, either as permitted main or
accessorv uses, shall onlv offer alcoholic beveraqes for sale or on-premises
consumption between the hours of 8:00 a.m. and 5.00 a.m.r4ilenday{h+eugh
, 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. 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 alcoholic beverages after 2:00 a.m. each day unless
4
555
such private club is the holder of an extra-hours license and complies with the
above requirements.
(e
enfereed and vielatiens may be punished as seeend degree misdemeaners, as
(7) (Q) 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 department and the code compliance divisi€"q department 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, or welfare.
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.
556
(8) (A The city manager may suspend the provisions of subsection (7)(6) at any time
to protect the public health, safety, or welfare.
Pe n altie s an d e nforce ment.
The followino penalties shall be imposed for a violation of this section:
L The penaltv for the first violation bv a person or entitv within a 12-
month period shall be a civil fine of $ 1,000.00;
ii. The penaltv for the second violation bv a person or entitv within a
12-month period shall be a civil fine of $ 5,000.00.
iii. The penaltv for the third violation bv a person or entitv within a 12-
month oeriod shall be a civil fine of $ 10.000.00:
iv. Upon a findino bv the speclal master that four (4) or more violations
bv a person or entitv have occurred within a 12-month period, the
citv mav initiate proceedinos to revoke the certificate of use.
business tax receipt. or certificate of occupancv of the violator.
v. A sidewalk cafe permittee that has been issued four (4) or more
violations oursuant to this section or section 82-388 within a permit
vear shall be prohibited from applvino for and obtaininq a sidewalk
cafe permit for a period of two (2) permit vears followinq the permit
vear in which the sidewalk cafe permittee incurred the violations.
Enhanced penaltv. The following enhanced penaltv shall be imposed, in
addition to anv mandatorv fines set forth in subsection (8)(a) above, for
violations of this section:
L The sale of alcoholic beveraqes in violation of this section must be
immediatelv terminated, upon confirmation bv the code compliance
department that a violation has occurred.
Enforcement. The code compliance department shall enforce this section.
This shall not preclude other law enforcement aoencies or reoulatorv
bodies from anv action to assure compliance with this section and all
applicable laws. lf a code compliance officer (which. as defined in section
70-66, includes a police officer) finds a violation of this section, the code
compliance otficer shall issue a notice of violation in the manner prescribed
in chapter 30 of this Code. The notice shall inform the violator of the nature
of the violation. amount of fine for which the violator is liable. instructions
and due date for pavino the fine, that the violation mav be appealed bv
requestinq an administrative hearinq before a special master within ten
(10) davs after service of the notice of violation, and that the failure to
appeal the violation within ten (10) davs of service shall constitute an
admission of the violation and a waiver of the rioht to a hearinq.
557
d. Riqhts of violators: pavment of fine. rioht to appear: failure to pav civil fine
or to appeal; appeals from decisions of the special master.
L A violator who has been served with a notice of violation must elect
to either
A. pav the clvil fine in the manner indicated on the notice of
violation: or
B. request an administrative hearino before a special master
to appeal the notice of violation. which must be requested
within ten (10) davs of the service of the notice of violation.
ii. The procedures for appeal bv administrative hearinq of the notice of
violation shall be as set forth in sections 30-72 and 30-73 of this
Code. Applications for hearinos must be accompanied bv a fee as
approved bv a resolution of the citv commission, which shall be
refunded if the named violator prevails in the appeal.
iii. lf the named violator. after issuance of the notice of violation. fails
to pav the civil fine. or fails to timelv request an administrative
hearinq before a special master. the soecial master mav be
informed of such failure bv report from the officer. The failure of the
named violator to appeal the decision of the otficer within the
prescribed time period shall constitute a waiver of the violator's
riqht to an administrative hearinq before the special master. and
shall be treated as an admission of the violation, for which fines and
penalties shall be assessed accordinqlv.
iv. A certified copv of an order imposinq a fine mav be recorded in the
public records, and thereafter shall constitute a lien upon anv real
or personal propertv owned bv the violator, which mav be enforced
in the same manner as a court iudqment bv the sheriffs of this
state. includinq levv aoainst the violator's real or personal propertv,
but shall not be deemed to be a court iudqment except for
enforcement purposes. On or after the sixtv-first (61st) dav
followinq the recordinq of anv such lien that remains unpaid, the
Citv mav foreclose or otherwise execute upon the lien.
v. Anv partv aqorieved bv a decision of a special master mav appeal
that decision to a court of competent iurisdiction.
vi. The special master shall be prohibited from hearinq the merits of
the notice of violation or considerinq the timeliness of a request for
an administrative hearinq if the violator has failed to request an
administrative hearinq within ten (10) davs of the service of the
notice of violation.
vii. The special master shall not have discretion to alter the penalties
prescribed in subsection (8Xa) or (8Xb).
558
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this Ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABIL!TY.
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
ATTEST:
day of 2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Mayor Philip Levine)
First Reading:May 6, 2015
Second Reading:
Underscore denotes new language
S+r*e++eugh denotes removed language
APPROVED AS TO
FORM AND LANGUAGE
AND FOR EXECUTION
#lL
F:\ATTO\KALN\ORDINANCES\Alcohol\Alcoholic Beverages Hours of Sale Sidewalk Cafes 2AM.docx NK
559
CHAPTER 82 - PUBLIC PROPERTY
SIDEWALK CAFE ORDINANCE - ALCOHOL REGULATIONS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC
PROPERTY," OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
AMENDING ARTICLE !V, ENTITLED "USES IN PUBLIC RIGHTS.OF-WAY,"
DIVISION 5, ENTITLED "SIDEWALK GAFES," SUBDIVISION II, ENTITLED..PERMIT," BY CREATING SECTION 82-388 THEREOF, ENTITLED "HOURS
OF SALE OF ALCOHOLIC BEVERAGES; ENFORCEMENT," TO TERMINATE
THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT
SIDEWALK CAFES AT 2:00 A.M., AND PROVIDE THAT SECTION 82-388
SHALL BE ENFORCED PURSUANT TO SECTTON 6-3(8) OF THE CtTy
CODE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, there continues to exist the need for outdoor eating establishments
(sidewalk cafes) in certain areas of the City of Miami Beach ("City") to provide a unique
environment for relaxation and food and/or beverage consumption; and
WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to
these areas; and
WHEREAS, the presence of sidewalk cafes may thus impede the free and safe flow of
pedestrian traffic; and
WHEREAS, in order to facilitate and ensure a safe environment for residents and
visitors at sidewalk cafes, which are located on public rights-of-way, there is a need for
regulations and standards for the existence and operation of sidewalk cafes, including a need to
regulate the hours during which sidewalk cafes may offer alcoholic beverages for sale or
consumption; and
WHEREAS, the City has established permit conditions and safety standards for sidewalk
cafes in order to protect and promote the general health, safety, and welfare of the City's
residents and visitors; and
WHEREAS, it is in the best interest of the City, and it serves the health, safety, and
welfare of the City's residents and visitors, to require that sidewalk cafes, which are located on
public rights-of-way, terminate the outdoor sale and consumption of alcoholic beverages at 2:00
a.m., because the outdoor sale and consumption of alcoholic beverages can disturb the quiet
enjoyment of the community, cause undesirable noise, result in physical disputes amongst
patrons and passers-by, and contribute to litter, noxious odors, and the general degradation of
the City; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 82-388 of Subdivision ll, of Division 5, of Article lV, of Chapter 82 of
the Code of the City of Miami Beach is hereby created as follows:
CHAPTER 82
PUBLIC PROPERTY
Articte lV. Uses ln puOlic nlghts-of-Way
***
DIVISION 5. SIDEWALK CAFES
,rOO,r,",* ll. Permit
Sec. 82-388. Hours of sale of alcoholic beverages: enforcement.
(g) Alcoholic beveraqes shall not be offered for sale or consumption at sidewalk cafes
between the hours of 2:00 a.m. and 8:00 a.m. Compliance with this section shall be a
condition of maintaininq a sidewalk cafe permit.
(B) A violation of this section shall be enforced and penalties shall be imposed in
accordance with section 6-3(8) of this Code.
Secs. 8ffi 82-389-82-410. Reserved.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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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. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk
(Sponsored by Mayor Philip Levine)
First Reading. May 6, 2015
Second Reading:
Underscore denotes new language
S+ike+n+eugh denotes removed language
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM AND LANGUAGE
AND FOR EXECUTIW ON
A-i-$
Citv Attornev Date
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