HomeMy WebLinkAboutItem #29 - Discussion ItemJ-00-662
9/14/00
ORDINANCE NO.
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/IN GENERAL," TO
LIMIT THE HOURS A PACKAGE STORE MAY SELL
ALCOHOLIC BEVERAGES AND TO PROVIDE FOR AND
DELETE DEFINITIONS RELATED TO PACKAGE STORES;
MORE PARTICULARLY BY AMENDING SECTION 4-2,
4-7, AND 4-11 OF SAID CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE -DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:.
Section 1. Chapter 4 o the Code of the City of Miami,
Florida, as amended, is
particulars:l/
reby amended in the following
V"Chapter 4
Alcoholic Beverages
Article I. In General
•
Sec.4-2 Hours during which sales allowed; Sunday
sales.
(a) For the purposes of this section, the
fo wi g words and phrases shall have the meanings
r sp ively ascribed to them:
�i or s and/or figures stricken through shall be deleted. Underscored
Auin
s and/or figures shall be added. The remaining provisions are now
effect and remain unchanged. Asterisks indicate omitted and
qedmaterial.
FIC7 l�'i
Retail package store: Any store engaged in the
business of selling alcoholic- beverages' for off -
premises consumption and that has a license for package
sales from the State Division of Beverages and Tobacco
in the Classifications of 1 -APS, 2 APS, or PS,
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.
(c) It shall be unlawful to Ne distributer a -
sell, serve, offeAlto sell, allow to be consumed or
deliver any alcoholMc beverages to any person, except
during the followin hours:
ned in subseetieA (a), primarily fer the
beverages may fflake sales ef beer and wine in
premises eluring sueh heurs as their steres
legally remain open fer the sa-le ef ether
steres eperated in Waterfrent specialty
een t e e s, n a sue h sales o f beer er wine shall
be permitted en Sunday.
Page 2 of 5
(3�1) The hours of sale for alcoholic beverages by
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 day:
a. Beer and wine bar, C.O.P.
b. Liquor bar, C.O.P.
C. Restaurant, liquor, beer and wine, C.O.P.
d. Hotel, motel and apartments, C.O.P. with less
than 100 guestrooms.
e. Private clubs, liquor, C.O.P.
f. Any of the establishments (above) in a retail
or waterfront specialty center.
(4-2) The hours of sale for alcoholic beverages by
a liquer package stere retail stores for package sales,
including grocery and convenience stores, and gasoline
service stations, are weekdays, including
Saturdays, from 7:00 a.mAbe Sundays from 1:00 p.m.that these hours shallxtended onTss—��
December until 10:00 p.m.
(53 ) The hours o a
the following esta i
Saturday, from 7.:00
day; Sunday, from ;00
following day:
ys during the month of
Ie for alcoholic beverages by
_nts are weekdays, including
to 5:00 a. -m. on the following
noon to 5:00 a.m. on the
a Nightclu-s, C.O.P.
b. Suppe c bs, C.O.P.
C. Hot 1, m el and apartments, C.O.P., with 100
or or uestrooms.
d Any of the establishments (above) in a retail
or t rfront specialty center.
Th& ity commission may extend the above hours of
sale fo lcoholic beverages for consumption on or off
the prem i es on special occasions by resolution.
Sec. 4-7. Distance separation --Between an
establishment within the central
commercial business district, the SD -8
Design Plaza Commercial -Residential
District and combination residential and
commercial district.
Page 3 of 5
(b) Notwithstanding the above, said distance
requirements may be reduced for a nen -G. - Retail
package mar store (for consumption off premises
only) through the procedure in section 4-11(g).
Sec. 4-11. Exceptions to distance requirements.
(g) The restrictions as to distance between nen
-
G.GT Retail package 3J quer stores (for consumption
off -premises only) as hereina ve set forth in section
4-7 may be modified by the z . ing board following the
procedures, requirements, an fling fees for special
exception review specifie in zoning Ordinance
No. 11000, articles 13 and 1 as amended, including
appellate relief. In making th r decision, the zoning
board will specifically rev" �n nd make findings based
on the following criteria:
Section 2
as they are inconsistent o
this Ordinance are here
Section
clause, phrase
or parts of ordinances insofar
conflict with the provisions of
part of section, paragraph,
f this Ordinance is declared invalid, the
remaining provions of this Ordinance shall not be affected.
Section 4.
(30) days after f
Ordinance shall become effective thirty
ding and adoption thereof.2�
zi 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 4 of 5
PASSED ON FIRST READING BY TITLE ONLY this 28th day of
September 2000.
PASSED AND ADOPTED ON SECOND FINAL READING BY TITLE ONLY
this day of 2000.
ATTEST:
WALTER J. F
CITY CLERK/
Ar
APPROyED TO ,F61 D `CORRECTNESS :&
m'J1 0 V I LARELLO
CITYTT ATTORNEY
18:AMP:GKW:BSS
JOE CAROLLO, MAYOR
iL
Page 5 of 5 _
J-00-662
10/12/00
ORDINANCE NO.
-L2W."
AN ORDINANCE OF THE MI ICITY COMMISSION
AMENDING CHAPTER 4/ARTICLE I, OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL,"
TO PROVIDE FOR HOURS A RETAIL PACKAGE STORE
MAY SELL ALCOHOLIC BEVERAGES AND TO PROVIDE
FOR A DEFINITION OF 'RETAIL PACKAGE STORES;
MORE PARTICULARLY BY AMENDING SECTION 4-2,
4-7, AND 4-11 OF SAID CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 4 of t
Florida, as amended, i h ell
particulars::/
w
de of the City of Miami,
amended in the following
Chapter 4
1coh'o'lic Beverages
Article I. In General
Se 4-2 Hours during which sales allowed; Sunday
sales.
7theFor the purposes of this section, the
ng words and phrases shall have the meanings
vely ascribed to them:
qu r package store, N.C.O.P.: A vendor licensed
st to to sell liquor, as defined under the laws
1' Words anfigures stricken through shall be deleted. Underscored --
words and r figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
Page 1 of 5 'O'�� ,�-�•
1k-CA
e
of the state, in sealed containers for consumption off
the premises.
Retail package store: Any store engaged in the
business of selling alcoholic beverages for off -
premises consumption and that has a license for package
sales from the State Division of Beverages and Tobacco
in the Classifications of 1 -APS, 2 -APS or PS
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.
(c) It shall be unlawful to Ne distributer e -r-
any empleyee- hereef, en the lieen:sed-premises, e%1l
sell, serve, offer to sell, allow to be consumed or
durin
legally-r-emain epen fer thesale—ef ether
geeek—emeep t f er sp e e i a i t y—rets=sheds e -r-
centers, ate sued sales of beer er wineshall
be permitted en
(4
1) The hours of sale for alcoholic beverages by
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 day:r-zo
Page 2 of 5 `J
4
a. Beer and wine bar, C.O.P.
b. Liquor bar, C.O.P.
C. Restaurant, liquor, beer and wine, C.O.P.
d. Hotel, motel and apartments, C.O.P. with less
than 100 guestrooms.
e. Private clubs, liquor, C.O.P.
f. Any of the establishments (above) in a retail
or waterfront specialty center.
(42) The hours of sale for alcoholic beverages by
a liquor package store N.C.O.P., 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. A
3 The hours of sale for alco lic beverages b
a retail package store, Ancludliq groceryand
convenience stores and qasoliseyVice stations are
seven days a week from 7:00 ajil tfoltiMO a.m.
(-54) The ho s of salq f a olic beverages by
the following ablishments weekdays, including
Saturday, from 0 a.m. to 5: 0 a.m. on the following
day; Sunday, 12:00 Q�o� to 5:00 a.m. on the
following day: f
a. Night 1{4' bs , t . O/: P .
b. Suppe cl s, O.P.
C. Hotel, of and apartments, C.O.P., with 100
or mor gue trooms.
d. Any of he stablishments (above) in a retail
or wate fro t specialty center.
The city com'nitsdion may extend the above hours of
sale for alcoholic beverages for consumption on or off
the premises on special occasions by resolution.
y
Sec. 4-7. Distance separation --Between an
establishment within the central
commercial business district, the SD -8
Design Plaza Commercial -Residential
District and combination residential and
commercial district.
*
*
M
*
(b) Notwithstanding the above, said distance
requirements may be reduced for a nem— �. F.
Page 3 of 5
1
0
liquor package store (for consumption off premises
only) through the procedure in section 4-11(g).
Sec. 4-11. Exceptions to distance requirements.
(g) The restrictions as to distance between nen
C.G.P. r-, e liquor package stores (for consumption
off -premises only) as hereinabove set forth in section
4-7 may be modified by the zoning board following the
procedures, requirements, and filing fees for special
exception review specified in oning Ordinance
No. 11000, articles 13 and 16, asended, including
appellate relief. In making their d c'sion, the zoning
board will specifically review and e findings based
on the following criteria:
Section 2. Al rdinances its of ordinances insofar
as they are inconsis n or in co flict with the provisions of
this Ordinance are hee y re e l
Section 3. If y section, part of section, paragraph,
clause, phrase or word this Ordinance is declared invalid, the
remaining provisions of isjOrdinance shall not be affected.
Section 4. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof./
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 4 of 5
Y
PASSED ON FIRST READING BY TITLE ONLY this day of
2000.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 2000.
ATTEST:
WALTER J.
CITY CLERK
APPROVED AS TO FORM AND
ALEJANDRO VILAREL
CITY ATTORNEY
W918:AMP:GKW:BSS
CTSS:
Page 5 of 5
b
r�
Carlos Gimenez
City Manager .
Joe Sanchez
Commissioner
O
CITY OF MIAMI. FLORIDA DISTRICT 3
INTER -OFFICE MEMORAND COMMISSIONER SANCHEZ
DATE June 19,-2000
SUBJECT Alcoholic Beverage Sales
REFERENCES:
ENCLOSURES:
FILE
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 disorderly 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
tel%
rri i r cod
03-21-2000 12:53PM P.02
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ucoae t,o1p., arnitatea ivtunlclpeuty. ,4 w � rayc , ,
CODE OF THE City of MIAMI BEACH, FLORIDA Cdxlifted through Ord. No. 99-
3230 tnacted Dec. 15. 1999. (SuppN,gnRnlrNo...6.AdditiQ
PART 11 CODE
chapter 6 A►I 0jIOIIC�EVERAGES'
Chapter 6 ALCOHOLIC BEVERAGES=
'Cross refemnce(s)«Businesses, ch. 18; bottle dubs, § 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
Sec. 6-1. Purpose.
To achieve the purposes of this chapter grid to provide for the general welfare and safety of the public, it is
necessary that regulatiarts 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-Z. Licenses.
(a) No vendor shall sell or distribute any alcoholic beverages without securing a Coense 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,
shall 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. 10-149)
Sec. 8.3. Hours of sale.
The hours of rate 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 alpoholic beverages and tobacco for the sale of liquor and
other alcoholic beverages for consumption off the premises shall ordy offer for sale akaoholic
beverages within the hours of 8:00 a.m. and 10:00 p.m. on any day of the week.
PIP
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03-21-2M 12*57PM P.03
m Copyrighted. Municipalbe Corp., affiliated Municipality. 2000 rage i of z
CODE OF THE City of MIAMI BEACH• FLORIDA Codified throughOrd. No. 99-
3Z30yeriacted Oec+t'S,199��ypp.�ement Nc. 6,�Additie
pAW 11 CODE
ha -er 6 ALCOHQLIC BEVERALGMWSE
AtTICLE l IN 0ENE12A�
bac. 6.3: Hours of salmi,
(2) Retail stores, including grocery and convenience stores, and gasoline service stations, either I
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) All 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 within ft hours of 8:00 a.m. and 5..00 a.m. gnu day of thp ymp-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 beverages may 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 Wities, serving full meals, licensed as alcoholic beverage
establishments (midnight to 5 a.m.). and also operating as dance halls, 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. facilites. shall dose at 5:00 a.m. and keep dosed 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 fapIWM 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 will 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. 0 -Ty private dub
permitted to remain open after 2:00 a.m. stnatt 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 withr the above requirements.
(6) Upon a finding by the special master that a vioLition of this section has occurred. the city may
initiate proceedings to revoke the certificate of use, occupational lice a, 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, § 12-1 C. off. 10-1-89: Ord. No. 98-3132. §§ 1.3. 7-15.98: Ord. No. 99-3222, § 11 1,2,-/15-99)
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03-21-2000 12:54PM P. e4
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Sec. 64. Location and use rsstrictlons.
(a) GeneraAy. The fbHowftV location and use restrictions are Wr=ble for facilities selling. or offering
alcoholic beverages for consumption:
(1) EducaftW fac44iss. No alcoholic beverage shall be sold or offered for consumption in a
commercial use within 300 fret of any property used as a public or private school operated for the
instruction of minors in the common branches of learning. Except for UM in the civic and convention
center (CCC) district, hospital (110) district or within 300 feet of a marina.
(2) Plus of iawWp. No alcoholic beverage shall be sold or offered for consumption in a
co nmerchM um,. except in ate for consum0on on the premises, within 300 feet of any
property used as a place of worship.
(3) Relad sforss For off-Promm s coawmp6m The minimum distances separation between reW
atones ~y selling alcoholic bevwsW for consumption off the premises as a main permitted use
shall be 300 feel
led
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TOTAL P.04
lat.ion C
I �Lt.11l Qtl NON -PROM
CLO1 APAWIO
Executive Director
Tel. 305-642-9712
304-6 S.W 12th Avenue 305-856-8913
Miami, Florida 33130
T V 0 F M I A M
IT"
NaGnonH0 * 06'04CMNT TEAM
EAST LITTLE HAVANA
IMPORTANTE
$ S-6 - (% 9 2.
La Ciudad de Miami esta considerando restringir la venta de vino/cerveza en
las bodegas de barrio como las "Quick Stop" -- "Seven Eleven" — gasolineras
etc. durante las horas de 12:00 de la noche hasta las 7:00 de la manana.
Esta ordenanza prohibe la venta de cerveza y vino durante las horas
indicadas. Esta ley ayudara a prevenir a que algunas personas manejen
borracho o caminen las calles durantes las horas de la noche con la excusa
de it a tomar una cerveza en la tienda.
Por favor Ilame a las oficinas del alcalde y los comisionados para
dejarles saber su opinion:
s
Alcalde Joe Carollo 305-250-5300 P Pa LGA G 5 6A
• /1// � d' d,0 6 u
Comisionado Arthur Teele 305250-5390
Comisionado Joe Sanchez 305-2505430
Comisionado Johnny Winton 305-250-5333
Comisionado Tomas Regaiado 305-250-5420
Comisionado Wifredo (Willy)! Gort 305-250- 5430
F157A N
Si es posible'asista a la reunion de la Comision de Miami el 12 de
Octubre 2000, a las 3:00 P.M. 3500 Pan Amt-orican Drive
(Ayuntamiento) para expresar su punto de vista.
led
-60
PQ
•011.1 1W, CITY OF MIAMI EAST LITTLE HAVANA NET SERVICE CENTER 1
111 S.W. 5th Avenue/Mfcml, FL 33130/(305) 859.2113/FAX: (305) 859.2716
co
TOTAL P.01