187-1999 LTC
CITY OF MIAMI BEACH
crN HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cl,mlaml-beach,f1.us
L.T.C. No. 187-1999
LETTER TO COMMISSION
September 7, 1999
TO: Mayor Neisen O. Kasdin and
Members of the City Co ission
FROM: Sergio Rodriguez
City Manager
SUBJECT: PROPOSED NIGHTCLUB LEGISLATION
A number of issues related to the operation of nightclubs and similar establishments have been of
~ncern to the City Commission, and have been the subject of referrals to the Planning Board, the
Washington Avenue Task Force, and other City advisory boards. Numerous meetings under these
auspices have been held over the past year to discuss the issues, and representatives of the nightclub
industry, concerned neighborhood residents, and the City Administration have all been involved in
these discussions. Much progress has been made in identifying potential solutions to the various
problems at issue.
The result of this process is that proposed ordinances are in the final stages of being prepared for
presentation to the City Commission. The various items that will be proposed for consideration are
listed as Table A, attached. Additionally, it is anticipated that another referral to the Planning Board,
for distance separations between alcoholic beverage establishments, may be requested by the City
Commission at its September 14, 1999 meeting.
In light of the additional referral regarding distance separations, which the Administration believes
is part and parcel of the entire nightclub issue, and prompted by the understanding that an additional
meeting or two between the various parties involved may serve to narrow outstanding differences
and result in a package of recommendations that are agreed to by a consensus of those involved, the
Administration proposes the following schedule: The Planning Board will consider the issue of
distance separations for nightclubs at its October 26, 1999 meeting. Concurrently, the
Administration will continue to meet with the Washington Avenue Task Force and others involved.
Finally, a complete package of proposed ordinances, incorporating all the previous referrals and
proposals, will be presented to the Commission at its November 17, 1999 meeting.
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TABLE A
Ordinances proposed for consideration
1, Nightclub definitions - DefInitions necessary to accurately reflect current business practices
while addressing problems related to the operation of nightclub establishments within the
City. New defInitions would allow a modular licensing concept.
2. Closing hours/Last Call requirements - Regulates the hours of operation of alcoholic
beverage establishments, requiring a last call sometime prior to the actual required closing
time of the club, ensuring orderly closing procedures.
3. Afterhours clubs/(juice bars) - Addresses nightclubs, not licensed to serve alcohol,
operating as afterhours clubs, later than specifIed closing time for alcoholic beverage
establishment clubs.
4. Nightclubs on Lincoln Road - Proposes that new nightclubs would be prohibited from
locating along Lincoln Road. Existing clubs on Lincoln Road would be grandfathered in,
but new clubs would be prohibited, in an attempt to prevent Lincoln Road from becoming
like W ashington Avenue.
5. Neighborhood Impact Establishment thresholds - Reduces the threshold for certain
alcoholic beverage establishments (nightclubs), which must be reviewed by the Planning
Board as conditional uses, from the current 300 or more persons, to 150 or more persons.
6. Distance Separations - Requires a minimum distance separation between establishments.
Most likely, existing establishments would be grandfathered in; all new establishments
would be subject to the distance separation requirements.
7. Licensing Board - A proposed board to be created to address licensing issues for bars and
clubs.
8. Modular Licensing - Layering oflicenses issued for separate functions, i.e. restaurant, bar,
dance hall, etc.