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HomeMy WebLinkAboutO-13893City of Miami q Legislation Ordinance: 13893 File Number: 6925 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/13/2020 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES;" MORE PARTICULARLY BY CREATING A NEW SECTION 4-13, TITLED "ENFORCEMENT," TO PROVIDE THAT AN ALCOHOL SERVICE ESTABLISHMENT SHALL NOT BE ENTITLED TO THE WAIVER OF ANY DISTANCE REQUIREMENTS PROVIDED IN SECTIONS 4-4 THROUGH 4-6 OF THE CITY CODE WHEN THE OWNER, AGENT, OR EMPLOYEE OF THE ALCOHOL SERVICE ESTABLISHMENT HAS PROVIDED TO THE CITY OF MIAMI AN ALCOHOL SURVEY THAT IS FRAUDULENT OR FALSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, the City Commission finds that some unscrupulous owners and/or agents of Alcohol Service Establishments have submitted fraudulent and/or false alcohol surveys in an effort to deceive the City of Miami's ("City") administrative staff into incorrectly approving the location of an Alcohol Service Establishment; and WHEREAS, the improper placement of an Alcohol Service Establishment in a neighborhood can have many negative and deleterious effects on the quality of life of the neighborhood and surrounding area; and WHEREAS, the City Commission finds that this Ordinance is in the best interests of the residents of the City and promotes the public health, safety, and general welfare of the community; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 4 of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars:' "CHAPTER 4 ALCOHOLIC BEVERAGES ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 1 of 2 File ID: 6925 (Revision: A) Printed On: 2/27/2020 File ID: 6925 Sec. 4-13. Enforcement. Enactment Number: 13893 No Alcohol Service Establishment shall be entitled to the waiver of any distance requirements provided in Sections 4-4 through 4-6 of this City Code when the owner, agent, or employee of the Alcohol Service Establishment has provided to the City an alcohol survev that is fraudulent or false. *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 t i ria i . ndez, City Attor ey 12/312019 indez, City Attor t ey 12/2312019 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 File ID: 6925 (Revision: A) Printed on: 2/27/2020