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File ID: #6925
Ordinance
Second Reading
Sponsored by: Joe Carollo, Commissioner
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.
City of Miami File ID: 6925 (Revision: A) Printed On: 2/27/2020
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Legislation
Ordinance
Enactment Number: 13893
File Number: 6925 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.
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
unchanaed material.
City of Miami File ID: 6925 (Revision: A) Printed On: 2/27/2020
Sec. 4-13. Enforcement.
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 survey 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:
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Un ndez, City Attor ey 12/3/2019 Uriande� ez, Rty Attor ey 12/23/2019
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 File ID: 6925 (Revision: A) Printed On: 2/27/2020