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Home My WebLink AboutItem #53 - Discussion ItemCITY OF MIAMI, FLORIDA SISTRICT 3 INTER-OFFICE MEMORANDA COMMISSIONER SANCHEZ Carlos Gimenez DATE June 19, 2000 FILE: City Manager SUBJECT: Alcoholic Beverage Sales Joe Sanchez REFERENCES: Commissioner ENCLOSURES: In order to provide for the general welfare and safety of the public, I respectfully request that legislation be passed to further regulate the hours of sale of alcoholic beverages in public places. This will aid in decreasing the amount of disoederly conduct happening through out the city with sales of alcoholic beverages. Attached, please find a copy of the Sec. 6-3 of the Miami Beach Code regarding Alcoholic Beverages and the hours of sale. In addition, I would like to introduce this legislation at the next commission meeting. Thank you for your attention in this matter. Cc: Alejandro Villarello, City Attorney Elvi Alonso, Agenda Coordinator lb's 03-21-2000 12:53PM P,02 ',V,k.,opyngntea. muiueipa ae Lorp., ainaatea ivturnciparily. 6vvo ragc i vi i CODE OF THE City of MIAMI BEACH, FLORIDA Codified through Ord. No. 99- 3230�eQ ct*d Dec. 15.1999. (SuppNmvn.t.No..6d-W it -q PART Il CODE Chapter 6 ALCOHOUC.I gNERAGEW Chapter 6 ALCOHOLIC BEVERAGES! *Cross reference(s);.-Businesses, ch. 18; bottle clubs, § 18-136 et seq.; alcoholic beverages in public places. § 70-86 et seq.; adult entertainment establishments, § 142-1271 et seq.; special use regulations for alcoholic beverages, § 142-1301 et seq. ARTICLE 1. IN GENERAL See. 6-1. Purpose. To achieve the purposes of this chapter and to provide for the general welfare and safety of the public, it is necessary that regulations, be established relating to the location, size and hours of operation of uses that permit the sale and consumption of alcoholic beverages. (Ord. No. 89-2665, § 12-1A, eff. 10-1-89) Sec. 6-2. Licenses. (a) No vendor shall sell or distribute any alcoholic beverages without securing a license from the division of alcoholic beverages and tobacco of the department of business and professional regulation of the state. A service charge as specified in appendix, A shall be paid by an applicant requesting the review of an application to the state for an alcoholic beverage license. The purpose of this charge is to defray the cost to the city for the verification of a correct:, occupational license, parking impact. fee and proximity to places of worship and/or schools; and an area and establishment inspection and any other zoning inspection and/or review that may be applicable to the review of such an application. (b) Consideration of a request for a private dub conditional use permit. including the hours, of operation, shalt be pursuant to the Conditional Use Procedures and Review Guidelines as listed in section 118-191 et seq. (Ord. No. 89-2665. § 12-18, off. 10-1-89) See. 6-3. Hours of sale. The hours of sale of alcoholic beverages shall be according to the following schedule: (1) Retail stores for package sales only, either as permitted main or accessory uses. Vendors having a license from the state division of alcoholic beverages and tobacco for the sale of liquor and other alcoholic beverages for consumption off the premises shall only offer for sale alcoholic beverages within the hours of 8:00 a.m. and 10:00 p.m. on any day of the week. PIP i SC�sS� .../CYR Isapl.dll?,UV4Ud'ywketail°lolUalcohol!Yo2th les&advquery -&depth=J&hitVaheaduig-on3/21M 03-21-2000 12:5:;PM P.03 ® Copyrighted. Municipal Corp., affiliated Municipality: 2000.' rage t or z CODE OF THE City of MIAMI BEACH, FLORIDA Codified through Ord. No. 99- 32V j nacted_Dec_11S,_ %kq. L3 plernent No -Sc1diti0 LT L LODE Comer 6 ALCOHOLIC Elk RAGES' ARTICLE I. IN G NER& Sec. 6.3.._H9urs of sat,. (2) Retail stores. including grocery and convenience stores, and gasoline service stations, either as permitted main or accessory uses, which primarily offer for sale products other than alcoholic beverages may make sales of beer and wine in sealed containers for consumption off the premises between the hours of 8:00 a.m. and 10:00 p.m. on any day of the week. (3) A I establishments licensed as alcoholic beverage establishments (midnight to 5:00 a.m.), either as permitted main or accessory uses, shall only offer for sale the on -premises consumption of alcoholic beverages wahin tho hogs of 8:00 a.m. and 5:00 a.m. Un anis dau of lite —k a. Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic beverage establishments (midnight to 5 a.m.), but not operating as dance halls or entertainment establishments, may remain open 24 hours a day. however, alcoholic beveragesmay not be offered for sale or on -premises consumption. between the hours of 5 a.m. and 8 a.m. b. Restaurants with full kitchen facilities, swing full meals, licensed as alcoholic beverage establishments (midnight to 5 a.m.). and also operating as dance hafts, or entertainment establishments, may remain open 24 hours a day, however, alcoholic beverages may not be offered for sale or on -premises consumption between the hours of 5 a.m. and 8 a.m., and dancing and entertainment shall not be conducted between the hours of 5 a.m. and 10 a.m. C. Other alcoholic beverage establishments (midnight to 5 a.m.), not containing restaurants with full kitchen facilities, shall dose at 5:00 a.m. and keep closed the place of business and not allow any patron or other persons, other than those employed by the vendor, to remain therein between the hours of 5:00 a.m. and 8:00 a.m. Note: For purposes of this section, full kitchen facilities shall mean having commercial grade burners, ovens and refrigeration units of sufficient size and quantity to accommodate the occupancy content of the establishment. Full kitchen facilities must contain grease trap interceptors, and meet all applicable city, county and state codes. (4) Off -premises package sales shall be permitted between the hours of 8:00 a.m. and 10:00 p.m., for all establishments licensed as alcoholic beverage establishments. (5) Private dubs, either as a permitted main or accessory use, shall be considered pursuant to section 6-2(a). Hours of operation and the consumption of alcoholic beverages wig be considered between the hours of 8:00 a.m. and 5:00 a.m., Monday through Sunday, provided that service is made only to members and guests of members pursuant to Florida Statutes. However, any private dub permitted to remain open after 2.00 a.m. shall purchase an extra -hours license'and must provide for security in its premises by hiring private security guards or off-duty police officers between the hours of 2.00 a.m, and 5:00 a.m. each day. Private clubs securing a license from the state division of alcoholic beverages and tobacco by complying with the requirements of F.S. § 561.20 for racquetball, tennis or golf course facilities may admit members at any time for use of such facilities, but may not serve alcoholic beverages after 2:00 a.m. each day unless such private dub is the holder of an extra -hours license and complies with the above requirements. (6) Upon a finding by the special master that a violation of this section has occurred, the city may initiate proceedings to revoke the certificate of use, occupational license, or certificate of occupancy of the violator. In addition, this section may be enforced and violations may be punished as second degree misdemeanors, as provided in F.S. §§ 775.082 and 775.083. (Ord. No. 89-2665, § 12-1C, eff. 10-1-89; Ord. No. 98-3132, §§ 1.3.7-15-98: Ord. No. 99-3222, § 1, 12-15.99) ..Jom isapi.dll?advquery=Retail%20alcohol®/o20sales&advquery-&depth-3&hitsperheading--on3/21/00 03-21-2000 12:54PM P.04 .y vvr��ys�w. ♦raysYM�!l VYC. %,vAy., Gi111L41CU 1V1W11L1pa111y- L1A* Yage 2 of 2 SSC. 6-4.. Location and use restrictions. (a) Gww 0y. The Wowing location and use restrictions are applicable for facilities selling or offering alcoholic beverages for consumption: (1) Educafiosa/ facd;ties. No alcoholic beverage shell be sold or offered for consumption in a Commercial use within 300 feet of any property used as a public or private school operated for the instruction of minors in the common branches of teaming. Except for uses In the civic and convention center (CCC) district, hospital (HD) district or within 300 feet of a marina. (2) Places of worship. No alcoholic beverage shall be sold or offered for consumption in a commercial use, except in restaurants for consumption on the premises, within 300 feet of any property used as a place of worship. (3) Reter7 sloros for of -premises consumption The minimum distance separation between retail stores primarily selling alcoholic beverages for consumption off the premises as a main permitted use shall be 300 feet. PIP R ...tom isapi.dll?advquery=Retail%20alcoholOA20s da&advquay-&cdepth-3&hitsperheshng-on31211Q0 TOTAL P.04