HomeMy WebLinkAboutBIE - Distance Separation Exemption for Tobacco and Vape Uses in NB (4/29/2026)
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: May 20, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE
DISTANCE SEPARATION EXEMPTION FOR TOBACCO AND VAPE USES IN NORTH BEACH
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” BY
AMENDING ARTICLE III, ENTITLED “OVERLAY DISTR ICTS,” SECTION 7.3.10, ENTITLED
“NORTH BEACH COMMERCIAL CHARACTER OVERLAY DISTRICT,” TO MODIFY
REQUIREMENTS FOR TOBACCO AND VAPE DEALERS; BY AMENDING ARTICLE V,
ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS,” SECTION 7.5.5, ENTITLED
“SPECIALIZED USE REGULAT IONS,” TO MODIFY THE MINIMUM DISTANCE SEPARATION
REQUIREMENTS FOR TOBACCO AND VAPE DEALERS IN NORTH BEACH; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE..
Is a Business Impact Estimate Required?
X 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
development regulation amendments;
b. Development orders, development permits, and development agreements;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
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Business Impact Estimate
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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. Summary
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, provided at First Reading and attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur ;
The proposed ordinance does not apply to existing, legally established
businesses.
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply to existing, legally established
businesses.
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs .
The proposed ordinance would generate no more than nominal additional
regulatory costs, which may be associated with administration activities by
applicable City departments.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing, legally established
businesses.
4. Additional comments:
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Ordinances - R5 AE
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:April 22, 2026 11:15 a.m. First Reading Public Hearing
TITLE:DISTANCE SEPARATION EXEMPTION FOR TOBACCO AND VAPE USES IN
NORTH BEACH
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS
AND REGULATIONS,” BY AMENDING ARTICLE III, ENTITLED “OVERLAY
DISTRICTS,” SECTION 7.3.10, ENTITLED “NORTH BEACH COMMERCIAL
CHARACTER OVERLAY DISTRICT,” TO MODIFY REQUIREMENTS FOR
TOBACCO AND VAPE DEALERS; BY AMENDING ARTICLE V, ENTITLED
“SUPPLEMENTARY DISTRICT REGULATIONS,” SECTION 7.5.5, ENTITLED
“SPECIALIZED USE REGULATIONS,” TO MODIFY THE MINIMUM DISTANCE
SEPARATION REQUIREMENTS FOR TOBACCO AND VAPE DEALERS IN
NORTH BEACH; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) not
approve the subject ordinance at First Reading.
BACKGROUND/HISTORY
On February 3, 2025, at the request of former Commissioner Kristen Rosen Gonzalez, the City
Commission referred a discussion item pertaining to distance separation requirements for tobacco
and vape sales in North Beach (C4 Z) to the Land Use and Sustainability Committee (LUSC). On
March 11, 2025, the LUSC discussed and continued the item to the April 15, 2025 meeting with
direction to staff to prepare draft text amendments for narrow exceptions to the current distance
separation requirements for tobacco and vape uses within convenience stores in North Beach, in
accordance with the direction of the LUSC.
On April 15, 2025, the item was deferred to a future LUSC meeting, with no discussion. On May
8, 2025, the LUSC discussed the item and recommended that the City Commission refer an
ordinance to the Planning Board, in accordance with the draft text contained in the LUSC
memorandum. On June 25, 2025, the City Commission referred a draft ordinance to the Planning
Board (C4 B). Commissioner Laura Dominguez is the sponsor of the item.
ANALYSIS
The following are the applicable definitions in Chapter 1 of the Land Development Regulations of
the City Code (LDRs), pertaining to tobacco and vape stores:
•Retail tobacco products dealer means the holder of a retail tobacco products dealer permit
that is authorized to sell tobacco products.
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•Retail smoking devices dealer means any retail establishment that sells smoking devices.
•Retail vape products dealer means any retail establishment that sells vapor-generating
electronic devices and components, parts, and accessories for such products.
The above noted definitions do not distinguish between stand-alone establishments, such as
smoke shops, and retail stores that sell tobacco and vape products as an accessory component,
like a convenience store or supermarket.
Additionally, the sale of tobacco and vape products, city wide and in North Beach, is regulated
under Chapter 7 of the LDRs, pursuant to Sections 7.5.5.9 and 7.3.10, as follows:
7.5.5.9 TOBACCO/VAPE DEALERS
a. Intent. It is the intent of this division to limit access and exposure of tobacco and vaping products
to children and adolescents due to their addictive nature and damaging effects on health. It is also
the intent to limit the proliferation of tobacco, vaping, and smoking device product dealers in areas
where the city encourages tourism, and to minimize the negative implications that these types of
businesses may portray to the city's visitors seeking a unique vacation destination.
b. Locations prohibiting the sale of tobacco and vape products.
1. Prohibited locations. Tobacco/vape dealers are prohibited in the following locations:
A. Within 500 feet of any property used as a public or private, elementary, middle, or
secondary school. The minimum distance separation requirement shall be determined by
measuring a straight line from the main entrance or exit of the establishment which contains
the tobacco/vape dealer to the nearest point of the property line of the school.
B. In those specific areas that have been identified within the underlying zoning district
regulations in Articles 2, 3 or 4 of chapter 7 - the Zoning Districts and Regulations in the Land
Development Regulations.
C. Notwithstanding the foregoing, the prohibitions of this section shall not be applicable to
medical cannabis treatment centers permitted pursuant to section 7.5.5.8.
2. Distance separation. No tobacco/vape dealer shall be located within 1,200 feet of another
tobacco/vape dealer.
3. Determination of minimum distance separation. When a distance separation is required, a
scaled survey drawn by a registered land surveyor shall be submitted attesting to the separation
of the uses in question. This requirement may be waived upon the written certification by the
planning director or designee that the minimum distance separation has been properly satisfied.
4. [Variances.] Variances from the requirements of this section shall be prohibited.
7.3.10 NORTH BEACH COMMERCIAL CHARACTER OVERLAY DISTRICT
Tobacco/vape dealers are prohibited in the overlay district, and there shall be no variances
allowed from the provisions of this section.
At the direction of the LUSC on May 8, 2025, an ordinance amendment was drafted that created
a narrow exception for tobacco and vape uses in North Beach, as part of the operation of a
convenience store. In the initial draft of the proposed ordinance, a tobacco/vape dealer operating
within a convenience store would be exempt from the minimum distance separation requirements
from another tobacco/vape use if the following thresholds were met:
1. The convenience store is in a CD-2 zoning district fronting Collins Avenue, between 65th and
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67th Streets.
2. No more than five (5%) percent of the floor area of the convenience store contains tobacco,
vape or smoking device products,
The North Beach use regulations have also been amended to allow for tobacco/vape dealers
operating as part of a convenience store that comply with the aforementioned thresholds.
The current definitions for tobacco and vape entities were drafted broadly to apply to all types of
tobacco and vape product dealers. The reason for this was to ensure that these products are
adequately controlled and do not become easily accessible to children and minors. In this regard,
it is important to re-emphasize the following intent of the current tobacco and vape product
regulations:
It is the intent of this division to limit access and exposure of tobacco and vaping products
to children and adolescents due to their addictive nature and damaging effects on health.
It is also the intent to limit the proliferation of tobacco, vaping, and smoking device product
dealers in areas where the city encourages tourism, and to minimize the negative
implications that these types of businesses may portray to the city's visitors seeking a
unique vacation destination.
The limited exception proposed in the attached draft ordinance is intended to minimize the
negative impacts of tobacco and vape sales within the identified commercial area of Collins
Avenue between 65th and 67th Streets in North Beach.
PLANNING BOARD REVIEW
On September 9, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with an unfavorable recommendation (7-0).
SUMMARY/UPDATE
On September 17, 2025, First Reading of the subject ordinance was deferred to the October 29,
2025, City Commission meeting, with no discussion. The October 29, 2025, City Commission
meeting was postponed, and the ordinance was moved to the December 17, 2025, City
Commission meeting. On November 17, 2025, Commissioner Laura Dominguez became the new
sponsor for the proposed ordinance.
On December 17, 2025, the City Commission discussed the proposed ordinance at First Reading
and referred the proposal back to the LUSC for additional discussion. On March 24, 2026, the
LUSC discussed the proposed ordinance and sent it back to the City Commission with no
recommendation. The LUSC also suggested that if the proposal were to move forward, that a
three (3) year sunset provision be included, requiring the owner and operator of a property eligible
for the proposed distance separation exemption voluntarily proffer and execute a restrictive
covenant affirming that all sales of tobacco, vape or smoking device products at the property
cease and discontinue no later than June 1, 2029. The draft ordinance for First Reading has been
updated with this sunset provision.
Notwithstanding this proposed sunset provision, the Administration continues to have concerns
with an LDR amendment that relaxes the current distance separation requirements for tobacco
and vape uses, even in a limited area. In this regard, there is the strong potential for an unintended
precedent to be set, which could encourage future requests for limited exceptions to the distance
separation requirements for tobacco and vape sales. As such, the Administration does not
recommend that the LDRs be amended as proposed, and that the City Commission not approve
the proposed ordinance at First Reading.
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FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
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
Not Applicable
CONCLUSION
The Administration recommends the following:
1. The City Commission not approve the ordinance at First Reading.
2. Should the ordinance be approved at First Reading, pursuant to Section 2.3.2 of the LDRs,
the City Commission waive the annual zoning cycle restriction for the subject LDR
amendment and schedule Second Reading of the ordinance for May 20, 2026.
Applicable Area
North Beach
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?
Yes 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
Planning
Sponsor(s)
Commissioner Laura Dominguez
Co-sponsor(s)
Condensed Title
11:15 a.m. 1st Rdg, Distance Separation Exemp-Tobacco/Vape Uses in NB. (LD) PL 5/7
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Previous Action (For City Clerk Use Only)
Continued from 9/17/2025 - R5 D
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Distance Separation Exemption for Tobacco and Vape Uses in North Beach
ORDINANCE NO. _____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE
OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7 ,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING
ARTICLE 111, ENTITLED "OVERLAY DISTRICTS," SECTION 7.3 .10,
ENTITLED "NORTH BEACH COMMERCIAL CHARACTER OVERLAY
DISTRICT," TO MODIFY REQUIREMENTS FOR TOBACCO AND VAPE
DEALERS; BY AMENDING ARTICLE V, ENTITLED "SUPPLEMENTARY
DISTRICT REGULATIONS," SECTION 7.5.5, ENTITLED "SPECIALIZED
USE REGULATIONS," TO MODIFY THE MINIMUM DISTANCE
SEPARATION REQUIREMENTS FOR TOBACCO AND VAPE DEALERS
IN NORTH BEACH; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission seeks to provide for limited relief from minimum distance
separation requ irements for tobacco and vape dealers in North Bea ch; and
WHEREAS, tobacco and vape dealers that are incidental to a convenience store are likely
to have less impact on an established area; and
WHEREAS, amending the distance separation requirements for tobacco and vape dealers
associated with convenience stores would have a positive impact for small businesses ; and
WHEREAS , the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE , BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 7 of the Miami Beach Resiliency Code , entitled "Zon ing Districts and
Regulations ," Article 111 , entitled "Overlay Districts ," is hereby amended as follows:
CHAPTER 7. ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE 111. OVERLAY DISTRICTS
* * *
7 .3.10 NORTH BEACH COMMERCIAL CHARACTER OVERLAY DISTRICT
* * *
7.3 .1 0.2 Compliance with regulations (North Beach Commercial Character Overlay Di stri ct).
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The following regulations shall apply to the overlay district. There shall be no variances allowed
from the provi sions of this section. All development regulations in the underlying zoning district
and any other applicable overlay regulations shall apply, except as follows :
* * *
a . The following limitations shall apply to the commercial uses listed below:
* * *
11 . Tobacco/vape dealers shall be prohibited in the overlay district. Notwithstanding the foregoing,
a tobacco/vape dealer may be permitted in accordance with the requirements specified in Section
7 .5 .5.9 .b if the following conditions are satisfied : it is @perating as par=t of a o@n 1,1onienoo st@ro that
~
8 .. The tobacco/vape dealer is operating as part of a convenience store located in a CD-2
zoning d istrict fronting Collins Avenue, between 65th and 6?1 h Streets; 'i'
a where n@ ~ more than 5 percent of the floor area of the convenience sto re contains
tobacco, vape or smoking device products.:_arid ~
C. The owner and operator of the property voluntarily proffer and execute a restri ctive
covenant running with the land and binding o n all successors and assigns in a form
approved by the City Attorney. affirming that all sales of tobacco. vape or smoking device
products at the property shall cease and discontinue no later than June 1. 2029 . may eo
permitte€l in aoo@r€lanoe with the re€luirements speoifie€l in Seoti@n 7.5 .5.Q.e.
SECTION 2. Chapter 7 of the Miami Beach Resiliency Code . entitled "Zoning Districts and
Regulations." Article V. entitled "Supplementary District Regulat ions." is hereby amended as
follows :
CHAPTER 7. ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS
* * *
7 .5.5 SPECIALIZED USE REGULATIONS
* * *
7 .5 .5 .9 TOBACCONAPE DEALERS
a. Intent. It is the intent of this division to limit access and exposure of tobacco and vaping
products to children and adolescents due to their addictive nature and damaging effects on
health . It is also the intent to limit the proliferation of tobacco, vaping . and smoking device
product dealers in areas where the city encourages tourism . and to minimize the negative
implications that these types of businesses may portray to the city's visitors seeking a unique
vacation destination.
Page 2 of 4
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b. Locations prohibiting the sale of tobacco and vape products.
1. Prohibited locations. Tobacco/vape dealers are prohibited in the following locations :
A . Within 500 feet of any property used as a public or private, elementary, middle, or
secondary school. The minimum distance separation requirement shall be determined
by measuring a straight line from the main entrance or exit of the establishment which
contains the tobacco/vape dealer to the nearest point of the property line of the school.
B. In those specific areas that have been identified within the underlying zoning district
regulations in Articles 2 , 3 or 4 of chapter 7 -the Zoning Districts and Regulations in
the Land Development Regulations.
C . Notwithstanding the foregoing , the prohibitions of this section shall not be applicable
to medical cannabis treatment centers permitted pursuant to section 7.5.5.8 .
2. Distance separation. No tobacco/vape dealer shall be located within 1,200 feet of another
tobacco/vape dealer. Notwithstanding the foregoing, a tobacco/vape dealer may be
permitted in accordance with the requirements specified in Section 7.5.5.9.b if the
following co nditions are satisfied: it is 0~erntiA~ as ~ar=t 0f a e0A·,,0Ai0Aee store t hat is
A. The tobacco/vape dealer is operating as part of a convenience store located in a CO-
2 zoning district fronting Collins Avenue, between 65th and 67th Streets~ r
B. whern AO 1'-:J.Q more than 5 percent of the floor area of the convenience store contains
tobacco, vape or smoking device products;__ao_ct ~
.c.,. The owner and operator of the property voluntarily proffer and execute a restrictive
covenant running with the land and binding on all successors and assigns. in a form
approved by the City Attorney. affirming that all sales of tobacco. vape or smoking
device products at the property shall cease and discontinue no later than June 1. 2029.
r=Aay be ~er1=Aitto€l iA aee0r€laAee with the ree1wire1=AeAts s~oeifie€l iA SeetioA 7 .6 .6.9 .b .
3. Determination of minimum distance separation . When a distance separation is required,
a scaled survey drawn by a registered land surveyor shall be submitted attesting to the
separation of the uses in question. This requ irement may be waived upon the written
certification by the planning director or designee that the minimum distance separation
has been properly satisfied.
4. [Variances.] Variances from the requirements of this section shall be prohibited.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed .
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SECTION 4. 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 re lettered to accomplish such
intention ; and that the word "ordinance" may be changed to "section" or other appropriate word .
SECTION 5. SEVERABILITY.
If any section , subsection , clause or provision of this Ordinance is he ld invalid , the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DA TE.
This Ordinance shall take effect ten days following adoption .
PASSED AND ADOPTED this __ day of _______ , 2026 .
ATTEST:
Rafael E. Granado, City Clerk
First Reading: April 22 , 2026
Second Reading : May 20 , 2026
Verified By : ___________ _
Thomas R. Mooney, AICP
Planning Director
Steven Meiner, Mayor
APPROVED AS TO
FORM AND LANGUAGE
& FO CUTION
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