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HomeMy WebLinkAboutO-12375J-03-470 5/15/03 ORDINANCE NO. 12375 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES," BY REPEALING, IN THEIR ENTIRETY, SECTIONS 4-2 AND 4-3 AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS 4-2 AND 4-3, ENTITLED "DEFINITIONS," AND "HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES," RESPECTIVELY, TO MODIFY AND CLARIFY RELEVANT DEFINITIONS, AND ESTABLISH THE HOURS IN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD; FURTHER ADDING NEW SECTION 4-14 ENTITLED "REQUIREMENTS FOR RESTAURANTS," TO REGULATE THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON THE PREMISES OF FOOD AND BEVERAGE RETAIL ESTABLISHMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, existing City Code provisions do not adequately define various types of food and beverage retail establishments and regulations for the dispensing of alcoholic beverages; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 12375 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Sections 4-2 and 4-3 of Chapter 4 of the Code of the City of Miami, Florida, as amended, are repealed in their entirety and new Sections 4-2 and 4-3 are substituted in lieu thereof and new Section 4-14 is added to Chapter 4 in the following particulars:'/ Sec. 4-2. "Chapter 4 ALCOHOLIC BEVERAGES. ARTICLE I. IN GENERAL Definitions. (a) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them, the type of license required by the state is indicated in parenthesis: Alcoholic Beverages: "Alcoholic beverages" means distilled spirits and all beverages containing one- half of 1 percent or more alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water. Bar: "Bar" and "Lounge" mean any place of business where beer, wine or alcoholic beverages are 1� 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. Page 2 of 13 12375 sold or offered for sale for consumption on the premises, and where the sale of food is incidental to the sale of such beverages, or where no food is sold, and includes any establishment in receipt of a valid alcoholic beverage license from the state which permits the sale for consumption on the premises of alcoholic beverages as a principal use. Establishments where alcoholic beverages are permitted for consumption on the premises as an incidental or accessory use are not considered a bar. Bottle Club: "Bottle Club" means an establishment with a valid "Bottle Club" license issued by the State and where alcoholic beverages are not sold, but where patrons are allowed to consume alcoholic beverages on the premises. Bottle Club licensee's may not purchase alcoholic beverages for subsequent sale to patrons. Cafeteria: "Cafeteria" means a place where food is obtained by self-service and may be eaten on the premises. Central commercial district: "Central commercial district" is that area defined as follows: Beqinninq at the intersection of Biscavne Ba and the Miami River and following the Miami River in a westerly direction to the centerline of South Miami Avenue, and thence north along the said centerline of South Miami Avenue to the centerline of S.W. Fourth Street, thence west along said centerline of said S.W. Fourth Street to the west lot line extended of lot 16, block 135N, Miami (A.L. Knowlton), thence north coinciding with the said extended westerly lot line of lot 16 and continuing north coinciding with the westerly lot lines of lots 16 through 18 and lots 1 through 3 of block 135N, and lots 8, 9 and 1 of block 134N to the FECRR thence northwesterly and thence north along the FECRR to the centerline of N.W. Fifth Street, thence east along the said centerline of N.W. Fifth Street to the centerline of North Miami Avenue, thence north along the centerline of North Miami Avenue to the centerline of N.E. Sixth Street, thence east alonq the Page 3 of 13 1237 centerline of N.E. Sixth Street as projected to Biscayne Bay, and thence along the westerly shoreline of Biscayne Bay in a southerlv direction to the point of beginning. Central design district: "Central design district" is that area defined as the SD -8 design district as specified in Ordinance No. 11000, as amended, the Zoninq Ordinance of the Citv of Miami, Florida. Coffee Shop/Sandwich Shop: "Coffee Shop/Sandwich Shop" means a Coffee Shop or Sandwich Shop or other establishment in which coffee and light meals are served. A Coffee Shop/Sandwich Shop is not capable of serving full course meals. Combination residential and commercial district: "Combination residential and commercial district" is that area defined as follows: All that area of land lying within the boundary of the city, not situated and described as being within the central commercial district shall be defined as being within the combination residential and commercial district. Consumption on the premises, or "C.O.P.": "Consumption on the premises," or "C.O.P.," means consumption of all beers, wines or alcoholic beverages of any kind, or the right to sell by the drink, bottle or can such beverages for consumption, only on the licensed premises where purchased. Convenience Stores: "Convenience Store" means a retail business opened primarily for the sale of products other than beer or wine and which may sell beer and wine in sealed containers only for consumption off premises. Grocery stores and shopping centers are considered to be Convenience Stores for purposes of this Chapter. Entertainment specialty district: "Entertainment specialty district" means the legally defined sub- area(s) within downtown Miami (as defined by the downtown master plan) in which distance requirements shall not be required for nightclub, sup erclub or bar Page 4 of 13 12375 uses, with limitations, per the requirements and criteria set forth in section 4-11(i) herein. Full -Course Meal: "Full -Course Meal" means a meal consisting of soup or salad or vegetable, entree, beverage and bread, all prepared on the premises. Sandwiches, hamburgers, hot dogs, frozen foods, stock meals or anv other food services are not considered full -course meals. Hotel, motel or apartments: "Hotel, motel or apartments" means a vendor of beer, wine and liquor, as defined under the laws of the state, whose license is issued by the state in connection with the operation of a hotel, motel or apartments and whose sale is by the drink (consumption on the premises). A minimum of 50 transient guest rooms is required unless a special district is established per state statute. Liquor package store: "Liquor package store" means a vendor licensed by the state to sell alcoholic beverages in sealed containers only for consumption off the premises. Nightclub: "Nightclub" means a vendor of liquor and other alcoholic beverages whose sale is by the drink (consumption on the premises) and where the place of business is located within any building establishment and operated for the purpose of providing full course meals and refreshments prepared on the premises, together with vaudeville, theatrical entertainment or dancing, and where such place of business operates after 11:00 p.m., and where full course meals, alcoholic beverages and refreshments prepared on the premises are served and sold to the public in connection with vaudeville, theatrical entertainment or dancing, and where, in addition to space required by chairs and tables for service of full course meals to not fewer than 200 persons, which shall be set up and maintained, there shall be provided a floor space of at least 400 square feet, located in one unit and on the same floor, suitably prepared for dancing, free from tables, chairs or other obstructions at all times and where live band or live orchestra music or dancinq shall be provided daily. Private club: "Private club" means a vendor of alcoholic beverages whose character is that of a Page 5 of 13 1263' 75 fraternal or social nature and which association or organization is not operated or maintained for profit and whose sale is by the drink (consumption on the premises). Restaurant: "Restaurant" means a business licensed as a restaurant by the State of Florida Division of Hotels and Restaurants and by the City of Miami and is advertised and held out to the public to be a place where full course meals are prepared, in a full service kitchen with a commercial stove, refrigerator and oven, and served on a regular basis from a prepared menu, which facility provides seating for at least twenty (20) patrons with standard height dining room tables or booths of adequate size to accommodate the service of full -course meals in accordance with the number of chairs found at the table, with such seating exclusive of seating at bars, counters, or cocktail tables and has a city occupational license as a restaurant. The primary operation of the restaurant shall be for the serving of full -course meals. No person shall attempt to circumvent the intent of this subsection by an artifice or scheme such as serving of stock meals. The term "stock meal" as used in this subsection, includes but is not limited to the serving of cold plates, snacks, hors d'oeuvres, microwave oven heated foods or previously prepared sandwiches. Restaurants shall be subject to the provisions of this Chanter. Retail specialty center: "Retail specialty center" The retail component of a multiuse development, with a minimum of 50,000 square feet of net leasable area; such retail component to contain a mixture of retail shops and eating places which may include, by way of example and not limitation: retail shops selling apparel, furniture, men's or women's accessories or specialty gifts and such retail shops as pharmacies, newsstands, bookstores, high-tech or photography stores, flower or produce marts, arts and crafts shops or bakeries, and eating places such as restaurants, cafes, delicatessens, gourmet shops or fast food services. For purposes of this section the term "multiuse development" shall mean any development with: (1) Approval for retail use and at least one of the following types of uses: hotel, Page 6 of 13 12375 residential, movie theater or office use; (2) A unified plan of development which shall include, but not be limited to, plans providing for the different uses in the development to be physically integrated through direct access from one to the other; (3) Parking provided by an on-site enclosed garage; and (4) All project uses under common management. Sale and sell: The terms "Sale" and "Sell" mean any transfer of an alcoholic beverage for a consideration, any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage a club licensed under the Florida statutes. Supper club: "Supper club" means a vendor of liquor and other alcoholic beverages whose sale is by the drink (consumption on the premises) and who is located in a building or portion thereof where food is prepared and served for pay and for consumption on the premises with accessory provisions for entertainment on r round basis. Waterfront specialty center: "Waterfront s ecialty center" is a building or buildings with adjacent on- site parking spaces, under common ownership or common management, located adjacent to a navigable water body, having a unified commercial plan of development, with a minimum of 50,000 square feet of leasable area and containing a mixture of eating places, entertainment facilities and specialty retail shops which may include, by way of example and not limitation, retail shops selling apparel, men's or women's accessories and specialty gifts, pharmacies, newsstands, bookstores, high-tech or photography stores, flower marts, restaurants, cafes, fast food services, produce markets, bakeries, delicatessens, gourmet shops, and arts and crafts shops. Page 7 of 13 12375 (b) None of the preceding provisions shall be deemed to modify, repeal, amend or supersede any of the zoning ordinances heretofore or hereafter adopted. Sec. 4-3. Hours during which sales allowed; Sunda sales. (a) No distributor or vendor of intoxicating and/or alcoholic beverages or any employee thereof, on the licensed premises, shall sell, serve, offer to sell, allow to be consumed or deliver any alcoholic beverages to any person, except durinq the following hours: (1) Convenience Stores not located within the central commercial district, as defined in Sec. 4-2 above, and whose business is primarily for the sale of products other than alcoholic beverages may make sales of beer and wine in sealed containers for consumption off the premises during such hours as their stores legally remain open for the sale of other goods. (2) Convenience Stores operating specialty retail shops or stores located within the central commercial district, as defined in Sec. 4-2 above, primarily for the sale of products other than alcoholic beverages may make sales of beer and wine in sealed containers for consumption off the premises during such hours as their stores legally remain open for the sale of other goods; except for specialty retail shops or stores operated in waterfront specialty centers, no such sales of beer or wine shall be permitted on Sunday. (3) The hours of sale for alcoholic beverages by the following establishments are weekdays, including Saturday, from 11:00 a.m. to 10:00 p.m.; Sunday, from 12:00 noon to 10:00 n.m.: (a) Cafeterias; (b) Coffee Shops and Sandwich Shops. Page 8 of 13 12375 (4) The hours of sale for alcoholic beverages b the following establishments are weekdays, including Saturday, from 7:00 a.m. to 3:00 a.m. on the following day; Sunday, from 12:00 noon to 3:00 a.m. on the following dav: (a) Bars; (b) Bottle Clubs (c) Restaurants; (d) Hotel, motel and apartments, with fewer than 100 guestrooms; (e) Private clubs; (f) Any of the establishments (above) in a retail or waterfront specialty center. 5) The hours of sale for alcoholic beverages by a liquor package store, are weekdays, including Saturdays, from 7:00 a.m. to 10:00 p.m.; Sundays from 1:00 p.m. to 7:00 p.m.; providing further that these hours shall be extended on Christmas Eve (December 24) and New Year's Eve (December 31) until 12:00 midnight and on Sundays during the month of December until 10:00 p.m. (6) The hours of sale for alcoholic beverages b the following establishments are weekdays, including Saturday, from 7:00 a.m. to 5:00 a.m. on the following day; Sunday, from 12:00 noon to 5:00 a.m. on the following dav: (a) Nightclubs; (b) Supper clubs; (c) Hotels, motels and apartments with 100 or more guestrooms; (d) Any of the establishments (above) in a retail or waterfront specialty center. The city commission may extend the above hours of sale for alcoholic beverages for consumption on or off the premises on special occasions by resolution. Page 9 of 13 12375 Sec. 4-14. Requirements for Restaurants. (a) A Restaurant, Cafeteria, or Coffee Shop/Sandwich Shop, as defined herein, may only serve beer/wine upon compliance with the following conditions: 1. Sale of beer and wine shall be incidental to the sale and consumption of food. Beer and wine may be consumed both at tables and counters provided it is in conjunction with the principal and primary consumption of meals. 2. At least 60 percent (60%) of total gross revenues must come from retail sale on the premises of food and non-alcoholic beverages. The required percentage must be maintained on a daily basis. 3. Records of all purchases and gross retail sales of food and non-alcoholic beverages and all purchases and gross retail sales of alcoholic beverages must be maintained separately. 4. The records required in subparagraph (3) above must be maintained on the premises, or other designated place approved in writing by the City for a period of 3 years and shall be made available within 14 days upon demand by an officer of the City. The City shall approve written requests to maintain the aforementioned records off the premises when the place to be designated is the business office, open 8 hours per work day, of a corporate officer, attorney, or accountant; the place to be designated is located in the City of Miami, Florida; and the place to be designated is precisely identified by complete mailing address. Page 10 of 13 12375 5. Since the burden is on the holder of the restaurant, cafeteria or coffee shop/sandwich shop license to demonstrate compliance with the requirements for the license, the records required to be kept shall be legible, clear, and readable. 6. The required percentage shall be computed by adding all gross sales of food, non- alcoholic beverages, and alcoholic beverages and thereafter dividing that sum into the total of the gross sales of food plus non- alcoholic beverages. 7. The Restaurant, Cafeteria or Coffee Shop/Sandwich Shop will immediately comply with any request by the City to audit or inspect the annual receipts of the establishment for purposes of verifying the percentage of alcoholic beverage sales. 8. Upon request of the City the Restaurant Cafeteria, or Coffee Shop/Sandwich Shop shall provide an independent audit by a certified public accountant indicating revenues derived from the sale of alcoholic beverages. 9. The written menu should be able to be read by a person with average eyesight under the existing lighting conditions anywhere in the service area without the need of a secondary light source. 10. A majority of the food listed in the written menu shall be available while the business is open. 11. No alcoholic beverages shall be sold after the hours of serving food. (b) Restaurants holding a valid 4COPSRX license issued by the State shall be exempt from the provisions of this section, but instead shall be subject to all the rules and regulations imposed by the State. Page 11 of 13 12375 (c) It is unlawful for any person to violate an rovision of this chanter. (d) It is unlawful for an establishment that is licensed as a restaurant to circumvent the intent of this subsection by an artifice or scheme. (e) Penalty. The penalty for violation of this section is a fine not exceeding five hundred dollars ($500.00) or imprisonment in the County Jail for a term not to exceed sixty (60) days, or by both such fine and imprisonment. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of 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 thirty (30) days after final reading and adoption thereof.21 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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. Page 12 of 13 12375 PASSED ON FIRST READING BY TITLE ONLY this 22nd day of May , 2003. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day of June , 2003. ATTEST PRISCILLA A. THOf4PSON CITY CLERK _ CV Litt/ V 1LAL<i:+LLV ATTORNEY 452:tr:BSS AND CORRECTNESS -t/ Page 13 of 13 12 t6l),7 5 SECOND READING ORDINANCE21 ' CITY OF MIAMI, FLUHIUA INTER -OFFICE MEMORANDUM TO: Honorable M d DATE : MAY 13 2003 FILE: mbers o the City'Commis n SUBJECT: Ordinance amending the City Code to define r food and beverage retail establishments and enact provisions for dispensation of alcoholic FROM: REFERENCES: beverages. ,Joe 'ola EC ; f Administrator / City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Ordinance defining the various types of food and beverage retail establishments and enacting provisions for the dispensation of alcoholic beverages. BACKGROUND: The existing provisions set forth in the City Code do not adequately define food and beverage establishments. This has resulted in a confusing licensing system that is difficult to enforce. The proposed legislation clarifies and strengthens the provisions for dispensation of alcoholic beverages in these establishments, making the regulatory scheme more effective and easier to enforce. Adoption of this ordinance is expected to facilitate the labor of the Police Department as well as Code Compliance by setting forth time restrictions intended to curb the criminal activity fostered by the illicit dispensation of alcoholic beverages thus protecting the safety and welfare of the citizens and enhancing the quality of life of adjacent property owners. Further, the proposed legislation facilitates the inspection and certification processes thus making it easier for legitimate merchants to obtain their appropriate licenses for the permitted uses. It is therefore recommended that the City Commission adopt the attached Ordinance defining the various types of food and beverage retail establishments and enacting provisions for the dispensation of alcoholic beverages. JA'k /// ft 12375 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of AD NO. 11049 CITY OF MIAMI - PROPOSED ORDINANCES - JUNE 12, 2003 ORD. AMENDING CHAPTER 62, ARTICLE III, ETC. in the XXXX Court, was published in said newspaper in the issues of 06/02/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation aIs ount, rebate, commission or refund for the purpose sec Ing this advertisement for publication in the said day Of�UNk//­" 1, , A.D. (SEAL) ih�. W �A�MESA C �� BOOKIE WIL a a r a 16 Mbfch 4, 2004 A - NY PubC Witrwjtsrs =TV QF ACEI &jsy given that the City CW ft City ef-Miami; Florida, win consider the folloti" ordinances'tq . noAnd reading on June 12, 2003 commencing' 9:00 , in„City Cammiswon Chambers, .35WPon American Drive,miamf,Fbilk ORDINANt3E'Nd. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 62, ARTICLE Ill, OF THE CODE OF T CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED 'Z� AND PLANNING, PLANNING ADVISORY BOARD,' TO ADD A ' NON-VOTING MEMBER APPOINTED BY THE W WH-DADE COUNTY ,SCHOOL BOARD (PURSUANT TO SECTION 1013.33 AND 163.31777 OF THE FLORIDA STATUTES) TO THE PLANNING ADVISORY BOARD ('PAB'), AND EXEMPT - 140 THE SCHOOL BOARD'S EX -OFFICIO, NON-VOTNNG AP- POINTEE FROM THE PROVISIONS OF CHAPTER 6Z ARTI- CLE V, ENTITLED 'APPOINTMENT OF MEMBERS AND AL- TERNATE MEMBERS OF T+IE PLANNING ADVISORY BOARD AW ZONING BOARD;' MORE PARTICULARLY BY AmENl?” SECTION 82-61 OF THE CITY CODE;. CONTAIN- ING A.REPEALER PROVISION, A SEVERABILITY CLAUSE, - AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ORDINANCE NO. AMORDINAMCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING . A NEW SPECIEVENUE FUND ENTITLED: 'MIAMI-DADE COUNTY GRANT ,AWARD (FY 2002- 2008),' AND APPROPRIATING FUNDS FOR THE OPERA- TION OF SAME IN THE TOTAL. AMOUNT OF-SM893, CON- SISTING OF A GRANT APPORTIONED BY MIAW -DADE COUNTY tROM THE -STATE OFFLORID A DEPARTMENT OF HEALTH AM REHABILITATIVE SERVICES 'GRANT PRO- GRAM FOR COUNTIES,' AND 5120,000 IN- CARRY-OVER FLS BALANCE FROM PREVIOUS )EMS GRANT AWARDS; AUTHORIZING THE CITY MANAGER, TO ACCEPT SAID GRANT AWARD AID TO EXECUTE T4415 -NECESSARY DOC- UMENTS,: IN A FORM ACCEPTABLE TO THE CTTX ATTOR- NEY,.FOR .,$AID PURPOSE; CONTAINNNG AffftAL#R PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTNE DATE ORDINANCE NO. AN ORDINANCE OF THE MOWN CITY AB- ASHING A NEW SPECIAL REVEL FUND ENTfTLEWTHE N110489RHOOD IIITIA ME %, FOR A(DDEL .CITY COMMIIMTY REVTFA AT11OKI IW T1§JSr.. FOR CERTAIN 9PE61AL ,PROJECTS A#�tl RIAT FUNK, IN THE AMOUNT OF $1.0 MWAON, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN SUPPORT OF THE Mfg. ITY AOME- OWILERSHI PNOIT PROJECT; -AUTNORI CITY MMVIA�GER TO ACCEPT THE. GRANT ALD TO GUE ANY DOCUMENTS NECESSARY, IN A. FORM ACCEPTA13LE TO THE C11Y ATTORNEY, FOR ACCEPTANCE OF THE GRANT; AND CONTAWNG A REPEALER PROVISION, A SEVERI K- ITY CLARE AND PROVIDING FOR AN EFFECTM DATE. ORDINANCE NO. AN ORDINA!ICE OF THE MIAMI CITY COMMISSION RELAT- ING TO MUNICIPAL ELECTIONS; CK 46MKi THE TN S- DAY, NOVEMKR 11 i 2OW, CITY OF MIAMIMUNICIFW_RAjN- OFF ELECTION TO TUESDAY, NOVEMBER 18, 3003, TO PROVIQE THE, COUNTY SUPERVISOR- OF ELECTO SUI IAAE TO A000RAWLY PRO- GRAM VOTING MACHINES, PRINT AND TEST -RUN THE QALIM, AND PROVIDE SUFFICIENT TIME FOR PROCESS- ING ABSENTEE,BAILL.OTING; wwTING THE CITY CLERK TO TRANSMIT CERTIFIEDOF THIS ORDMIANCE TO MU1M1-DADE COUNTY VIEVE SHIVER AND THE NAM -DADS COUI TY ELEC3 04S SUPERVISOR; CON- TAINMiO A BALER- PROVISION AND A. SEV.ERIABIUTY " CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ORDINANCE NO. A ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 4, ARTICLE I, OF THE OODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED, 'ALCOHOLIC BEVERAGES; BY REPEALING, IN THEIR ENTIRETY, SEC- TIONS 4-2 AND 4-3 AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS 4-2 AND 4.3, ENTITLED 'DEFINITIONS,' AND'HOURS DURING WHICH SALES ALLOWED;. SUNDAY SALES,' RESPECTIVELY, TO MODIFY AND CLARIFY RELE- VANT DEFINITIONS, AND ESTABLISH THE' HOURS IN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD; FURTHER ADDING :NEW SECTION 4.14 ENTITLED 'REQUIREMENTS FOR RESTAURANTS,` TO REGULATE THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON THE PREMISES OF FOOD AND BEVERAGE RETAIL ESTABLISHMENTS; CONTAINING A REPEALER PROVISION, A SEVEPAWLITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.1 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 541ARTICLES IX OF THE CITY CODE OF THE. CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED 'STREETS AND SIDEWALIKSiCOC:ONUT GROVE SPECIAL EVENTS DISTRICT"; TO INCREASE THE NUMBER OF MEM- BERS ON THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FROM NINE -TO ;TEN MEMBERS TO INCLUDE A REPRESENTATIVE OF THE COCONUT GROVE CHAMBER OF COMMERCE AS A MEMBER OF THE COMMITTEE AND PROVIDE FOR INSTANCES OF A TIE VOTE; MORE PARTICULARLY BY AMENDING SECTION 54- 342; CONTAINING A REPEALER PROVISION; PROVIDING FOR AND AN EFFECTIVE DATE. ORDINANCE. NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION CREAT- ING A NEW SPECIAL REVENUE FUND'- ENTITLED: "PROGRAMS;OR THE .DEVELOPMENTALLY DISABLED, 2003 - 20K APPROPRIATING FUNDS FOR ITS OPERATION IN THE ESTIMATED TOTAL AMOUNT OF $344,114; FUR- THER AUTRORN7 W THE CITY MANAGER TO ENTER INTO TWO -AGREEMENTS, ONE IN AN ESTIMATED AMOUNT OF $9,370„ FROM77ME STATE OF FLORIDA DEPARTMENT OF CHILDREN46FAMILIES AND ANOTHER IN THE ESTIMAT- ED AMOUNT OF $334,744, FROM THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, MEDICAID PROGRAM DEVELOPMENT; SAID AGREEMENTS TO FUND PROGRAMS FOR THE DEVELOPMENTALLY. DISABLED WHICH ARE ADMINISTERED BY THE PARKS AND RECREA- TION DEPARTMENT THROUGH ITS PROGRAMSFOR PFJ SONS WITH DISABILITIES DURING THE PERIOD OF JULY 1 2003 THROUGH JUNE 30, 2004; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOC- UMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTOR- NEY, FOR ACCEPTANCE OF SAID AGREEMENTS. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 2, ARTICLE A.DIVISION 2 OF THE CODE OF. THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED :ADMINISTRATION, BOARDS, COMMITTEES, COMMIS- SIONS; STANDARDS FOR CREATION AND REVIEW OF 30ARDS GENERALLY", TO ALLOW THE CITY COMMISSION TO WAIVE, BY UNANIMOUS VOTE, THE EIGHT YEAR CON- SECUTIVE TERM LIMIT FOR INDIVIDUALS APPOINTED TO CITY BOARDS, COMMITTEF$NCOMMtSS1C>fVS; MORE PARTICULARLY BY ADDING BBECTION 2.885(cj TO SAID CODE; CONTAINING A REPEALER PROVISION, SEV- ERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE, ORDINANCE NO.. AN ORDINANCE OF THEM fTx WMMt,Sb1u ING CHAPTER 1 f .5.OF TI(� >'JF THE CITY FLORIDA, AS AMENDED, `CIVWAN 0 INVESTIGATION AND REVw TO EXEMPT CER REQ I .TO COMPLETE 01TUX1W PVLK b /Y.t3AM- MY TKAI" OR APPROVED TRAIINIING THROUGH NA - COLE (NAT10NAL ASSOCIATKWOF CI71ZENIV. OVQWGHT OF LAW 'ENFORCEMENT). OR EQFJ41lALENT PROGRAMS; MORE PARTICULARLY BY AMENDING SECTION 11.5- 26(ggc.) OF THE CODE; CONTAINING A REPEALER PRO- VISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN "MOIATE EFFECTIVE DATE. ORDO NO.. AN ORDINANCE,4*THa6rVVWI N AMEND- ING ORDINANCE NO. 12190, AMEND- IAT ADDI- TIONAL FUNDS TO THE SPECIAL REVENUE FUND ENTI- TLED -OUPONT PLAZA PROJECT - METROMOVER REA- LIGNMENT IN DOWNTOWN MUMI-, IN THE AMOUNT OF $ 1,300,000, CONSISTING OF A TRANSPORTATION OUT- REACH PROGRAM.GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF PREPARING FINAL DESIGN TO AC>DIRESS TRANSIT RE- ALIGNMENT AND TRAFFIC REDIRE07W WITHIN- THE PROJECT STUDY AREA; AUTHORIZIN&THE CITY MANAG- ER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUB.STANTIALLY,THE ATTACHED FORM,, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Said proposed ordinances may be inWec led by the public at the OINce of the City Clerk, 3500 Pan American Drive, Miami, Flo i- da, Monday. through. Friday, exdc cft hoklays, between the hours of 8 a.m. and 5 p.m. A1. W"restad persons may appear at the meeting and may hsard with respect to the proposed ordinances. Should any person desire 10 appeal any deasWn dire City Commission -with respect toanymalw10 be con- skWO at this meeting, #0 person shall ensure.that a verbatim record of the precesdir is made including all teslimorry and evidence upon which any appeal may be based. PRISCILLAA. THOMPSON CITY CLERK (#11049) RM 03.4r$&W8771 M