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File ID: #8908
Ordinance
Second Reading
Sponsored by: Joe Carollo, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "ALCOHOLIC BEVERAGES", MORE PARTICULARLY BY AMENDING
SECTION 4-2 TO ADD NEW DEFINITIONS AND ADDING NEW SECTION 4-14 TO
REQUIRE ALL CITY OF MIAMI EMPLOYEES RESPONSIBLE FOR PERFORMING
INSPECTIONS OF BUSINESSES LICENSED TO SERVE ALCOHOLIC BEVERAGES
TO IMMEDIATELY DOCUMENT AND REPORT VIOLATIONS OF CHAPTER 4 OF
THE CITY CODE, CHAPTER 562 FLORIDA STATUES RELATING TO ALCOHOLIC
BEVERAGE ENFORCEMENT, AND CHAPTER 895 FLORIDA STATUTES RELATING
TO RACKETEERING TO THE APPROPRIATE AUTHORITY; AND ARRESTS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
City of Miami File ID: 8908 (Revision: A) Printed On: 512612021
6
City of Miami
Q,
Legislation
Ordinance
Enactment Number: 13995
File Number: 8908 Final Action Date: 5/13/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "ALCOHOLIC BEVERAGES", MORE PARTICULARLY BY AMENDING
SECTION 4-2 TO ADD NEW DEFINITIONS AND ADDING NEW SECTION 4-14 TO
REQUIRE ALL CITY OF MIAMI EMPLOYEES RESPONSIBLE FOR PERFORMING
INSPECTIONS OF BUSINESSES LICENSED TO SERVE ALCOHOLIC BEVERAGES
TO IMMEDIATELY DOCUMENT AND REPORT VIOLATIONS OF CHAPTER 4 OF
THE CITY CODE, CHAPTER 562 FLORIDA STATUES RELATING TO ALCOHOLIC
BEVERAGE ENFORCEMENT, AND CHAPTER 895 FLORIDA STATUTES RELATING
TO RACKETEERING TO THE APPROPRIATE AUTHORITY; AND ARRESTS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the State of Florida expressly shifts power to municipalities to enact
ordinances regulating alcoholic beverages with regards to hours of operation, locations of
businesses, and types of entertainment among others; and
WHEREAS, the City of Miami ("City") has incorporated regulations with respect to the
sale of alcoholic beverages in Chapter 4 of the Code of the City of Miami, Florida, as amended
("City Code"); and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its citizens to amend
Chapter 4 of the City Code as hereinafter set forth;
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 City Code, titled "Alcoholic Beverages", should be 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: 8908 (Revision: A) Printed On: 5/26/2021
Sec. 4-2. Definitions.
(a)For the purposes of this section, the following words and phrases shall have the
meanings ascribed to them.
Pattern of racketeering activity means engaging in at least two incidents of racketeering
conduct that have the same or similar intents, results, accomplices, victims, or methods of
commission or that otherwise are interrelated by distinguishing characteristics and are not
isolated incidents. Drovided that the last of such incidents occurred within 5 vears after a Drior
incident of racketeering conduct
Racketeering activity means to commit, to attempt to commit, to conspire to commit, or
to solicit, coerce, or intimidate another person to commit a violation of this Chapter or a violation
of Chapter 562, Florida Statutes, relating to alcoholic beverages.
Sec. 4-14. Duty to report violations of Chapter and law. It shall be the duty of all
employees of the City who are responsible for performing inspections of businesses licensed to
serve alcoholic beverages to document and report to the City Manager, or designee, and the
Chief of Police, or designee any seeming violation of this Chapter. Any such employees of the
City who suspect or become aware of any violation of Chapter 562, Florida Statutes, Alcoholic
Beverages: Enforcement, as amended (Chapter 562), or any Racketeering activity or Pattern of
racketeering activity as proscribed in Chapter 895, Florida Statutes, Offenses Concerning
Racketeering and Illegal Debts, as amended, shall immediately report such activity to the Chief
of Police, or designee. Persons committing violations of Chapter 562, Florida Statutes, relating
to alcoholic beverages, shall be arrested and prosecuted pursuant to Chapter 562, as amended.
Further investigation, as required by this section, shall determine the filing of felony
Racketeering charges.
Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with
the provisions of this Ordinance are repealed.
Section 4. 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 5. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS
i ria i "ndez, Cify Httor iey 4/13/2021 i ria i "ndez, Cify Httor iey 5/4/2021
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: 8908 (Revision: A) Printed On: 5/26/2021