HomeMy WebLinkAboutBIE - Permit Alcoholic Beverage Purchase-Consumption Beach Concession (2/11/2026)City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: February 25, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 70 OF THE CITY CODE, ENTITLED “MISCELLANEOUS
OFFENSES,” BY AMENDING ARTICLE II, ENTITLED “PUBLIC PLACES,” BY AMENDING
DIVISION 3, ENTITLED “ALCOHOLIC BEVERAGES,” BY AMENDING SECTION 70-87,
ENTITLED “CONSUMPTION, SERVICE, SALE AND POSSESSION OF OPEN CONTAINERS
OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC PLACES; WARNING SIGNS REQUIRED,”
BY AMENDING AND SETTING FORTH EXCEPTIONS TO THE PROHIBITION ON
CONSUMING, SERVING, SELLING, OR POSSESSING AN OPEN CONTAINER OF AN
ALCOHOLIC BEVERAGE ON OR IN ANY PUBLIC PLACE; AND BY AMENDING AND
CLARIFYING THE RESPONSIBILITIES OF ALCOHOLIC BEVERAGE ESTABLISHMENTS,
AND PERSONS OR ENTITIES AUTHORIZED BY THE CITY TO SELL ALCOHOLIC
BEVERAGES ON OR IN ANY PUBLIC PLACE, REGARDING THE PROHIBITION ON
ALLOWING ANY PERSON TO TAKE AN ALCOHOLIC BEVERAGE FROM THE LICENSED
PREMISES OR AUTHORIZED AREA; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
☑Yes ☐No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
☐The proposed Ordinance is required for compliance with Federal or State law or
regulation;☐The proposed Ordinance relates to the issuance or refinancing of debt;☐The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;☐The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;☐The proposed Ordinance is an emergency ordinance;☐The Ordinance relates to procurement; or☐The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land
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Business Impact Estimate
Page 2
development regulation amendments;
b. Development orders, development permits, and development agreements;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself. The Commission Memorandum and Ordinance are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach; that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible; and that the proposed Ordinance will not
impact the City of Miami Beach’s regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
4. Additional comments: None.
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Ordinances - R5 P
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:February 5, 2026 10:35 a.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CITY CODE,
ENTITLED “MISCELLANEOUS OFFENSES,” BY AMENDING ARTICLE II,
ENTITLED “PUBLIC PLACES,” BY AMENDING DIVISION 3, ENTITLED
“ALCOHOLIC BEVERAGES,” BY AMENDING SECTION 70-87, ENTITLED
“CONSUMPTION, SERVICE, SALE AND POSSESSION OF OPEN CONTAINERS
OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC PLACES; WARNING SIGNS
REQUIRED,” BY AMENDING AND SETTING FORTH EXCEPTIONS TO THE
PROHIBITION ON CONSUMING, SERVING, SELLING, OR POSSESSING AN
OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE ON OR IN ANY PUBLIC
PLACE; AND BY AMENDING AND CLARIFYING THE RESPONSIBILITIES OF
ALCOHOLIC BEVERAGE ESTABLISHMENTS, AND PERSONS OR ENTITIES
AUTHORIZED BY THE CITY TO SELL ALCOHOLIC BEVERAGES ON OR IN ANY
PUBLIC PLACE, REGARDING THE PROHIBITION ON ALLOWING ANY PERSON
TO TAKE AN ALCOHOLIC BEVERAGE FROM THE LICENSED PREMISES OR
AUTHORIZED AREA; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed ordinance, sponsored by Vice-Mayor Joseph Magazine, is submitted for
consideration by the Mayor and City Commission.
The City of Miami Beach (“City”) is a vibrant community and internationally recognized destination
that attracts residents and visitors to its world-class beaches, cultural institutions, restaurants, and
shopping and entertainment districts. As such, the City Commission has found it necessary to
regulate the consumption, service, sale, and possession of open containers of alcoholic
beverages in public places in order to protect the public health, safety, and welfare, and to
preserve the quality of life for residents.
However, the City recognizes that certain businesses operating in public places pursuant to an
agreement with the City, such as sidewalk café agreements, license agreements, and/or
concession agreements, or events operating under valid City-issued special event permits or
other valid authorization from the City, provide controlled environments and designated areas in
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which the responsible service and consumption of alcoholic beverages may be accommodated
without undermining public safety or the general welfare.
Accordingly, the proposed Ordinance would create limited exceptions to the general prohibition
on the consumption, service, sale or possession of open containers of alcoholic beverages in
public places, specifically for alcohol beverages purchased and consumed entirely within
authorized sidewalk café concession areas and other public places duly authorized by the City
through agreements, permits, or other valid approvals, but only during the lawful hours for
alcoholic beverage service as provided under such authorizations.
FISCAL IMPACT STATEMENT
None.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Joseph Magazine
Co-sponsor(s)
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Condensed Title
NR- 10:35 a.m. 1st Rdg, Permit Alcoholic Bev Purchase/Consumption, Bch Concession. (JM)
CA
Previous Action (For City Clerk Use Only)
Not reached on 12/17/2025 - R5 R
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ORDINANCE NO.
WHEREAS,the City Commission has found it necessary to regulate the consumption,
service,sale,and possession of open containers of alcoholic beverages in public places in order
to protect the public health,safety,and welfare,and to preserve the quality of life for residents;
and
WHEREAS,the unregulated public consumption of alcoholic beverages in streets,
sidewalks,parks,and other public places can contribute to disorderly conduct,litter,noise,and
other disturbances,nuisances,and illegal behavior,thereby adversely impacting neighborhoods,
residents,businesses,and the City’s tourism-based economy;and
WHEREAS,the City recognizes that certain businesses operating in public places
pursuant to an agreement with the City,such as sidewalk cafe agreements,license agreements,
and/or concession agreements,or events operating under valid City-issued special event permits,
or other valid permits or authorization from the City,provide controlled environments and
designated areas in which the responsible sale,service and consumption of alcoholic beverages
may be accommodated without undermining public safety or the general welfare;and
WHEREAS,the City of Miami Beach (“City”)is a vibrant community and internationally
recognized destination that attracts residents and visitors to its world-class beaches,cultural
institutions,restaurants,and shopping and entertainment districts;and
WHEREAS,the City Commission finds it appropriate to create limited exceptions to the
general prohibition on the purchase,sale,service,possession,and consumption of open
containers of alcoholic beverages in public places,specifically for alcohol beverages purchased
and consumed entirely within authorized sidewalk cafe concession areas and other public places
duly authorized by the City through agreements,permits,or other valid approvals,but only during
the permitted hours for alcoholic beverage service as provided under such authorizations;and
WHEREAS,the Mayor and City Commission find that adoption of this Ordinance is in the
best interest of the City,its residents,and its visitors.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 70 OF THE CITY CODE,
ENTITLED “MISCELLANEOUS OFFENSES,”BY AMENDING ARTICLE II,
ENTITLED “PUBLIC PLACES,”BY AMENDING DIVISION 3,ENTITLED
“ALCOHOLIC BEVERAGES,”BY AMENDING SECTION 70-87,ENTITLED
“CONSUMPTION,SERVICE,SALE AND POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC PLACES;
WARNING SIGNS REQUIRED,”BY AMENDING AND SETTING FORTH
EXCEPTIONS TO THE PROHIBITION ON CONSUMING,SERVING,SELLING,
OR POSSESSING AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE
ON OR IN ANY PUBLIC PLACE;AND BY AMENDING AND CLARIFYING THE
RESPONSIBILITIES OF ALCOHOLIC BEVERAGE ESTABLISHMENTS,AND
PERSONS OR ENTITIES AUTHORIZED BY THE CITY TO SELL ALCOHOLIC
BEVERAGES ON OR IN ANY PUBLIC PLACE,REGARDING THE
PROHIBITION ON ALLOWING ANY PERSON TO TAKE AN ALCOHOLIC
BEVERAGE FROM THE LICENSED PREMISES OR AUTHORIZED AREA;AND
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
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CHAPTER 70
MISCELLANEOUS OFFENSES
***
ARTICLE II.PUBLIC PLACES
***
DIVISION 3.ALCOHOLIC BEVERAGES
***
a.
b.
Gt
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Section 70-87 of Division 3 of Article II of Chapter 70 of the Miami Beach City
Code is hereby amended as follows:
Sec.70-87.Consumption,service,sale and possession of open containers of alcoholic
beverages on or in public places;warning signs required.
(a)Violations.
(1)It shall be unlawful for any person to consume,serve,sell,or possess an open container
of any alcoholic beverage on or in any public place within the city except in the following
areas:
Sidewalk cafes cafe concession areas having a valid city sidewalk cafe permit,
concession agreement with the city,but only during the hours at which alcoholic
beverages may be sold,purchased,served and consumed at sidewalk -cafes
pursuant to chapter 6 of this Code such agreement;
Public property leased from the city by a private entity and-licensed by the city for
such use If an alcoholic beverage is sold,purchased,served and consumed
entirely within an area designated herein,then such alcoholic beverage may legally
be sold,purchased,served,and consumed at any public place that is specifically
authorized for such use pursuant to a valid lease agreement,concession
agreement,license agreement,special event permit,or other valid permit,
authorization or agreement with,or issued by,the city,but only within such
authorized public place and only during the hours at which alcoholic beverages
may be sold,purchased,served and consumed pursuant to the applicable
agreement,special event permit,or other valid permit or authorizationT^and
Areas temporarily designated for such-use by the Gity-by the issuance of a-valid
special event permit.
(2)The owner or operator of any package store or food store selling alcoholic beverages
shall prominently post,on the outside of each entrance and on the inside of the main
customer exit of each package store or food store selling alcoholic beverages,a sign
with contrasting letters at least one-half inch tall,stating the following:
IT IS UNLAWFUL FOR ANY PERSON TO CONSUME,SELL,SERVE,OR POSSESS
AN OPEN CONTAINER OF ANY ALCOHOLIC BEVERAGE ON/IN ANY PUBLIC
PLACE,ALLEY,STREET,SIDEWALK,PARK,BEACH,OR OTHER SUCH PLACE
2
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(2)
(3)
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a.
b.
c.
d.
WITHIN THE CITY OF MIAMI BEACH UNLESS DESIGNATED FOR SUCH PURPOSE
BY THE CITY.VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION.
Failure to post this sign shall be deemed a violation of this section.This sign shall be
exempt from permit requirements of Chapter 138 of this Code.
(3)It shall be unlawful for any alcoholic beverage establishment or special event permittee
person or entity authorized by the city to sell alcoholic beverages on or in any public
place pursuant to a valid lease agreement,concession agreement,license agreement,
special event permit,or other valid permit,authorization or agreement,to allow any
person to take any open or unsealed glass,metal,plastic,or other container of an
alcoholic beverage from the applicable licensed premises,sidewalk cafe permit
concession area,er special event permit area,-any opee-or unsealed glass,-metak
plastifr-epother open-er-unsealed container of beer,wine-,-liquor,or any other aleehelic
beverage or other authorized public place.
(b)Penalties for violations of subsection (a)(1).
(1 )Any person convicted of a violation of subsection (a)(1)of this section shall be punished
by imposition of a fine not to exceed $250.00 or by imprisonment not to exceed 30 days,
or both,for a first violation.Upon any subsequent conviction for violation of subsection
(a)(1)of this section,such person shall be punished by imposition of a fine not to exceed
$500.00,or by imprisonment not to exceed 60 days,or both.
(c)Penalties for violations of subsections (a)(2)and (a)(3).
[Civil fines imposed.]The following civil fines shall be imposed for a violation of
subsections (a)(2)and (a)(3):
First violation within a 12-month period:$1,000.00;
Second violation within a 12-monih period:$2,000.00;
Third violation within a 12-month period:$3,000.00;
Fourth or subsequent violation within a 12-month period:$5,000.00.
Enhanced penalty.The following enhanced penalty shall be imposed,in addition to any
mandatory fines set forth in subsection (c)(1)above,for violations of subsections (a)(2)
or (a)(3):
a.Upon a finding by the special magistrate that four or more violations by a person
or entity have occurred within a 12-month period,the special magistrate shall
suspend or revoke the certificate of use,business tax receipt,or certificate of
occupancy of the violator.
Enforcement.The code compliance department shall enforce subsections (a)(2)and
(a)(3).This shall not preclude other law enforcement agencies or regulatory bodies from
any action to assure compliance with this section and all applicable laws.If a code
compliance officer (which,as defined in section 70-66,includes a police officer)finds a
violation of this section,the code compliance officer shall issue a notice of violation.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 paying the fine,that the violation may be
appealed by requesting an administrative hearing before a special magistrate within ten
days after service of the notice of violation,and that the failure to appeal the violation
within ten days of service shall constitute an admission of the violation and a waiver of
the right to a hearing.
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ii.
b.
c.
d.
e.
f.
g-
***
SECTION 2.REPEALER.
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If any section,sentence,clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
(4)Rights of violators;payment of fine;right to appear;failure to pay civil fine or to appeal;
appeals from decisions of the special magistrate.
A violator who has been served with a notice of violation must elect to either:
pay the civil fine in the manner indicated on the notice of violation;or
request an administrative hearing before a special magistrate to appeal the
notice of violation,which must be requested within ten days of the service of
the notice of violation.
The procedures for appeal by administrative hearing of the notice of violation shall
be as set forth in sections 30-72 and 30-73 of this Code.Applications for hearings
must be accompanied by a fee as approved by a resolution of the city commission,
which shall be refunded if the named violator prevails in the appeal.
The failure to pay the civil fine,or to timely request an administrative hearing before
a special magistrate,shall constitute a waiver of the violator's right to an
administrative hearing before the special magistrate,and shall be treated as an
admission of the violation,for which fines and penalties shall be assessed
accordingly.
A certified copy of an order imposing a fine may be recorded in the public records,
and thereafter shall constitute a lien upon any real or personal property owned by
the violator,which may be enforced in the same manner as a court judgment by
the sheriffs of this state,including levy against the violator's real or personal
property,but shall not be deemed to be a court judgment except for enforcement
purposes.Three months after the recording of any such lien which remains unpaid,
the city may foreclose or otherwise execute upon the lien,for the amount of the
lien plus accrued interest.
The special magistrate shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative hearing if
the violator has failed to request an administrative hearing within ten days of the
service of the notice of violation.
The special magistrate shall not have discretion to alter the penalties prescribed in
subsection (c)(1)or (c)(2).
Any party aggrieved by a decision of a special magistrate may appeal that decision
to a court of competent jurisdiction.
SECTION 3.SEVERABILITY.
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SECTION 4.CODIFICATION.
SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect the day of 2025.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
(Sponsored by Vice-Mayor Joseph Magazine)
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APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
Underline denotes additions.
Strikethrough denotes deletions.
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 a 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.
y <7/2,7/'zctf
CilyAttorney Date
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