2000-23945 RESO
RESOLUTION NO. 2000-23945
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
ESTABLISHING A TEMPORARY MORATORIUM
THROUGH AND INCLUDING JULY 31, 2000, ON THE
ENFORCEMENT OF CERTAIN RESTRICTIONS ON DANCE
HALL HOURS OF OPERATION, FOR DANCE HALLS THAT
DO NOT ALSO OPERATE AS ALCOHOLIC BEVERAGE
ESTABLISHMENTS, TO ALLOW OPERATION BETWEEN
THE HOURS OF 10 P.M. FRIDAY TO 12 NOON SATURDAY,
FROM 10 P.M. SATURDAY TO 12 NOON SUNDAY, AND
FROM 10:00 P.M. ON ANY DAY PRECEDING A NATIONAL
HOLIDAY TO NOON ON THE NATIONAL HOLIDAY,
EXCEPT THAT IF ANY PRE-SCHOOL TO HIGH SCHOOL
THAT IS LOCATED WITHIN 300 FEET OF ANY SUCH
ESTABLISHMENT IS IN SESSION ON THE NATIONAL
HOLIDAY, THEN THE CURRENT HOURS OF OPERATION
ON NATIONAL HOLIDAYS APPLY; THE MORATORIUM
SHALL AUTOMA TICALL Y DISSOL VE UPON THE
EARLIER OF AUGUST 1,2000, OR UPON THE ADOPTION
OF AMENDMENTS TO THE DEFINITION OF DANCE HALL
UNDER SECTION 114-1 OF THE MIAMI BEACH CITY
CODE TO CODIFY THE TERMS OF THE MORATORIUM.
WHEREAS, the Miami Beach City Commission has referred to the Planning Board
consideration of an amendment to the definition of Dance Hall under Section 114-1 of the Miami
Beach City Code, which amendment, if adopted, would extend the hours of operation for Dance
Halls, not operating as alcoholic beverage establishments, from 4:00 a.m. through 9:00 a.m. on
Saturdays, Sundays, and national holidays, to permit operation between the hours of 10 p.m. on
Friday to 12 noon on Saturday, from 10 p.m. on Saturday to 12 noon on Sunday, and from 10:00
p.m. on any day preceding a national holiday to noon on the national holiday, except that if any pre-
school to high school that is located within 300 feet of any such establishment is in session on the
national holiday, then the current hours of operation on national holidays apply; and
WHEREAS, pending the consideration and possible adoption of new legislation by the City
Commission addressing the proposed new extended hours of operation for Dance Halls, not
operating as alcoholic beverage establishments, the City Commission deems it in the best interest
and welfare of the City to impose a temporary moratorium on the enforcement of Dance Hall hours
of operation provisions so as to permit their operation between 10 p.m Friday to 12 noon Saturday,
and 10 p.m. Saturday to 12 noon Sunday and from 10:00 p.m. on any day preceding a national
holiday to noon on the national holiday, except that if any pre-school to high school that is located
within 300 feet of any such establishment is in session on the national holiday, then the current hours
of operation on national holidays apply, in order to consider and fully implement, if adopted, new
legislation to modify the hours of operation for such establishments in the City.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that a temporary moratorium
is hereby imposed through and including July 31, 2000 on the enforcement of the hours of operation
restrictions for Dance Halls, which do not also operate as alcoholic beverage establishments, so as
to allow their operation between the hours of 10 p.m Friday to 12 noon Saturday, from 10 p.m.
Saturday to 12 noon Sunday, and from 10:00 p.m. on any day preceding a national holiday to noon
on the national holiday, except that if any pre-school to high school that is located within 300 feet
of any such establishment is in session on the national holiday, then the current hours of operation
on national holidays apply, in order to consider and fully implement, if adopted, proposed
amendments to the Miami Beach City Code amending the definition and hours of operation for
Dance Halls that do not operate as alcoholic beverage establishments.
PASSED AND ADOPTED this 24th day of
May
,2000.
ATTEST:
~~
MAYOR
f olu1d' ead~-~,
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING
ON CITYWIDE MORATORIUM ON THE ENFORCEMENT OF CERTAIN HOURS OF
OPERATION PROVISIONS PERTAINING TO DANCE HALLS THAT DO NOT ALSO
OPERATE AS ALCOHOLIC BEVERAGE ESTABLISHMENTS
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City
of Miami Beach, Florida, on Wednesday, May 24, 2000 at 5:01 p.m., or as soon thereafter as
possible, in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive,
Miami Beach, Florida.
During this meeting, the City Commission will hold a public hearing to consider the following:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIA.MI
BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM THROUGH AND
INCLUDING JULY 31, 2000, ON THE ENFORCEMENT OF CERTAIN RESTRICTIONS
ON DANCE HALL HOURS OF OPERATION, FOR DANCE HALLS THAT DO NOT
ALSO OPERATE AS ALCOHOLIC BEVERAGE ESTABLISHMENTS, TO ALLOW
OPERATION BETWEEN THE HOURS OF 10 P.M. FRIDAY TO 12 NOON SATURDAY,
FROM 10 P.M. SATURDAY TO 12 NOON SUNDAY, AND FROM 10:00 P.M. ON ANY DAY
PRECEDING A NATIONAL HOLIDAY TO NOON ON THE NATIONAL HOLIDAY,
EXCEPT THAT IF ANY PRE-SCHOOL TO HIGH SCHOOL THAT IS LOCATED
WITHIN 300 FEET OF ANY SUCH ESTABLISHMENT IS IN SESSION ON THE
NATIONAL HOLIDAY, THEN THE CURRENT HOURS OF OPERATION ON
NATIONAL HOLIDAYS APPLY; THE MORATORIUM SHALL AUTOMATICALLY
DISSOL VE UPON THE EARLIER OF AUGUST 1,2000, OR UPON THE ADOPTION OF
AMENDMENTS TO THE DEFINITION OF DANCE HALL UNDER SECTION 114-1 OF
THE MIAMI BEACH CITY CODE TO CODIFY THE TERMS OF THE MORATORIUM.
All persons are invited to appear at this meeting or be represented by an agent, or to express their
views in writing addressed to the City Commission of the City of Miami Beach c/o the City Clerk,
1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139. A copy of this Resolution
is available for public inspection during normal business hours in the City Clerk's Office. Inquiries
may be directed to the Code Compliance Department at (305) 673-7555. The above item may be
continued at this meeting and, under such circumstances, additional legal notice would not be
provided. Any person may contact the City Clerk at (305) 673-7411 for information as to the status
of this item as a result of the meeting.
Pursuant to Section 286.0 I 05, Fla. Stat., the City hereby advises the public that: If a person decides
to appeal any decision made by the City Commission with respect to any matter considered at this
meeting or hearing, such person must insure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice
does not constitute consent by the City for the introduction or admission of otherwise inadmissible
or irrelevant evidence, nor does it authorize challenges or appeal,S not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, all persons needing special
accommodation to participate in this proceeding should contact the City Clerk's Office no later than
two days prior to the proceeding, telephone (305) 673-7411 for assistance; if hearing impaired,
telephone Florida Relay Service numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for
assistance.
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CITY OF MIAMI BEA~ I 7
OFFICE OF THE MAYOR & COMMISSION
MEMORANDUM
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TO:
LAWRENCE LEVY
CITY MANAGER
FROM:
MURRAY DUB BIN
CITY ATTORNEY
SIMON CRUZ V.
COMMISSIONER
DATE:
May 17,2000
RE:
As you are aware, I have proposed an ordinance amending the hours of operation of Juice Bars
which is pending discussbn before the Planning Board. Until the issue is addressed and
resolved, it is my desire to propose a temporary moratorium on the enforcement of Ordinance
114-1 "Dance Hall", (which presently restricts the hours of operation from 4am to 9am.),
whereby such establishments could remain open between the hours of9am and 12 noon on
Saturdays and Sundays only.
SC/ci
c: Robert Dixon
Deputy City Attorney
Gary Held
First Assistant City Attorney
Ronnie Singer
Executive Assistant to City Manager
OFFICE OF THE CITY ATTORNEY
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MURRA Y H. DUB BIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO.:r- 33- 00
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Murray H. Dubb~nll . \\ JV
City Attorney I\JV\ ~
DATE: May 25, 2000
FROM:
SUBJECT: RESOLUTION ESTABLISHING A TEMPORARY MORATORIUM
THROUGH AND INCLUDING JULY 31, 2000, ON THE ENFORCEMENT
OF CERTAIN RESTRICTIONS ON DANCE HALL HOURS OF
OPERATION, FOR DANCE HALLS THAT DO NOT ALSO OPERATE AS
ALCOHOLIC BEVERAGE ESTABLISHMENTS, TO ALLOW OPERATION
BETWEEN THE HOURS OF 10 P.M. FRIDAY TO 12 NOON SATURDAY,
FROM 10 P.M. SATURDAY TO 12 NOON SUNDAY, AND FROM 10:00 P.M.
ON ANY DAY PRECEDING A NATIONAL HOLIDAY TO NOON ON THE
NATIONAL HOLIDAY, EXCEPT THAT IF ANY PRE-SCHOOL TO HIGH
SCHOOL THAT IS LOCATED WITHIN 300 FEET OF ANY SUCH
ESTABLISHMENT IS IN SESSION ON THE NATIONAL HOLIDAY, THEN
THE CURRENT HOURS OF OPERATION ON NA TIONAL HOLIDAYS
APPLY.
Pursuant to the request of Commissioner Simon Cruz, the above referenced Resolution is
submitted for consideration by the Mayor and City Commission.
cc: Lawrence A. Levy
City Manager
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