HomeMy WebLinkAboutO-11810J-99-25 4/26/99 11810.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ALCOHOLIC BEVERAGES", TO MODIFY PROVISIONS
RELATED TO RETAIL SPECIALTY CENTERS, TO ADD A
DEFINITION FOR "CENTRAL DESIGN DISTRICT," TO
INCLUDE THE "CENTRAL DESIGN DISTRICT" AS AN
EXCEPTION AREA TO.DISTANCE REQUIREMENTS, AND
TO PERMIT FOOD ESTABLISHMENTS, AS SET FORTH
IN SECTION 4-13, WITH A MINIMUM OF 50 SEATS
AND 510-. OF REVENUES OBTAINED FROM FOOD SALES,
TO SERVE ALCOHOLIC BEVERAGES; MORE
PARTICULARLY BY AMENDING SECTIONS 4-2
AND 4-13; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, it has been determined that with respect to Miami's
Central Design District that no public policy objective exists
for differentiating between the ability to serve wine and beer
and the ability to serve liquor in restaurants having less than
200 seats; and
WHEREAS, the existing provisions unnecessarily place the
Design District at a competitive disadvantage with other areas of
Miami -Dade County and South Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
Is
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Chapter 4 of the Code of the City of Miami,
Florida, as amended, is hereby amended to read as follows:l'
"Chapter 4
ALCOHOLIC BEVERAGES
Sec. 4-2. Hours during which sales allowed; Sunday
sales..
(a) For the purposes of this section, the
following words and phrases shall have the meanings
respectively ascribed to them:
. Central Design District: That area defined as
sn-8 nesi n Dist snecified in Ordinance 11000A
Sec. 4-13. Central Business District and Central
DE --sign n; - r; ct- distance requirements.
(a) The restrictions as to distance between
establishments as set forth shall not apply within the
Downtown Central Business District and the Central
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.
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(b) Retail beverage licenses for restaurants,
cafes, cafeterias and delicatessens may be issued
limiting the number of permitted licenses for the sale
of alcoholic beverages subject to the following minimum
conditions, restrictions and limitations:
(1) The number of such licenses shall be as
permitted by the charter and/or state law.
(2) Accommodations for service of fifty (50) or
more patrons at tables at one establishment
shall be provided.
(3) Sale of alcoholic beverages shall be,
incidental to the sale and consumption of
food.
(4) Total receipts from
beverages shall not
percent of the total
such restaurant.
the sales of alcoholic
exceed forty-nine (49)
annual gross receipts of
(5) The serving of or consumption of alcoholic
.beverages shall be at restaurant tables or
counters at which feed is full cniirse m .al s,
(as defined in the Florida Administrative
Code) are regularly served.
(6+ Aleehelle beverages fftay be eensiimed Beth at
tables and bal-s previded they are ±n
eenjunet ien with the prineipal aiid—i3r3fnar�
f-e l l-ewin requ±refft^ts
4-E. Restaurants qualifying and holding a retail
beverage or liquor store license shall always
- 3 - 11810
be subject to inspection by the City Manager
or his designee for the purpose of
determining that such restaurants are
complying with the aforementioned
requirements.
41. The restaurant shall have no signs
advertising such retail beverage or liquor
store, or the sale of alcoholic beverages
therein, upon the exterior, or to be visible
from the exterior of any such restaurant.
4R. The retail beverage or liquor store license
shall not be severable from the restaurant
license in 'conjunction with which it is
issued."
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby 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 thereofY
PASSED ON FIRST READING BY TITLE ONLY this 27th day of
April , 1999
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
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.
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Q
0 0
this 22nd day of June 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation now
becomes effective with the elapse often (10) days fro he date Commissi acticn
regarding same, without the Mayor exercising v to
ATTEST:
l.
O
after J em lty Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVE S O FORM CORRECTNESS
RO AR&OeO
CI ATTORNEY
656:GMM:BSS
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11810
PZ--11
SECOND READING
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department.
HEARING DATE December 16, 1998.
REQUEST/LOCATION Consideration of amending the Code of the City of Miami.
LEGAL DESCRIPTION N/A
PETITION Consideration of amending the Code of the City of Miami, as
amended, by amending Chapter 4, entitled "Alcoholic Beverages"
in order to amend certain Sections to include the SD-8 Design
District, conditionally, as defined in Ordinance 11000, the Zoning
Ordinance of the City of Miami.
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND Please see attached analysis.
ANALYSIS
PLANNING ADVISORY BOARD Approval VOTE: 7-0
CITY COMMISSION Passed First Reading on April 27, 1999
Continued from CC of 6/8/99
APPLICATION NUMBER 98-049 Item #9
CITY OF MIAMI - PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
12/11/98 Pag111810
11g10
ANALYSIS FOR
AMENDMENT TO CHAPTER 4 OF CITY CODE
APPLICATION: No. 98-049
The proposed Amendment to Chapter 4 of the City Code is to accomplish the following:
1. Amendment to Section 4-2 to add a definition for "Central Design District".
2. Amendment to Section 4-13 in order to modify distance requirements between liquor
establishments within the "Central Design District" (as defined) to match those which
currently apply within the downtown area; this will allow the Design District to attract
enough of a critical mass of entertainment establishments to allow the area to serve in
this role.
3. Amendment to Section 4-13 to include the "Central Design District" in provisions
which allow liquor licenses to restaurants with 50 seats and 51 % of food sales (already
permitted in downtown).
This proposal has been requested and endorsed by area merchants as a means of allowing
the Design District to remain competitive as an entertainment district with other areas of
Miami -Dade County.
The following findings have been made:
• It is found that the proposed amendment is in keeping with the intent of a recent
Design District Planning Study and the Comprehensive Plan by enabling the Design
District to fulfill it's role as an entertainment district within Miami.
• It is found that the proposed amendment has the necessary conditions and safeguards
to ensure that the intent of the ordinance is properly implemented with no adverse
impacts to the Design District area.
Based on these findings, the Planning Department is recommending approval of the
proposed amendments to Chapter 4 of the City Code.
11810
0
RESOLUTION PAB -86-98
A RESOLUTION RECOMMENDING APPROVAL TO AMEND THE CODE
OF THE CITY OF MIAMI, AS AMENDED, BY AMENDING CHAPTER 4,
ENTITLED "ALCOHOLIC BEVERAGES" IN ORDER TO AMEND CERTAIN
SECTIONS TO INCLUDE ' THE SD-8 DESIGN DISTRICT,
CONDITIONALLY, AS DEFINED IN ORDINANCE 11000, THE ZONING
ORDINANCE OF THE CITY OF MIAMI.
HEARING DATE: December 16, 1998
ITEM NO. 9
VOTE: 7-0
ATTES
!4a G abert-Sanchez, Director
Department of Planning
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Willlams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review Ukla Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11810
XXXXX • ..... Court,
In the ...................................
we$ pyblis1h-ed Insaid9n�ewspaper In the Issues of
Ju11 6
Afflant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said 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 Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy v isement; and affiant further says that she has
neit r paid or promised any person, firm or corporation
any Iscou rebate, commission or refund for the purpose
of urin this advertisement for publication in the said
1 Sworn Julyand subscribed before me this
99
...... day of ......................... A.D. 19......
/-W.... .............
(SEAL) SPRY p& OFFICIAL NOTARY SEAL
Sookle Yanlllams tie ly knov=o �8f>rERyl H flpgRlA
r, ) ,f+ » COMMISSION NUr.IBER
p`t CC545384
I` MY COMMSSION EXPIRES
�, '�F �O APR. t2,2000
CITY®F MFAMI, FL,ORIDA
k a7 ..;; : LEGAL. NOTICE
s
All interested persons will take notice that on the;22nd-day .of June,
1999,ahe-City 'Commissionof Miami ,Florida adopted the.tollowmg� i-
`tled•ordinarices:' -' • ., , � a-
' ORDINANCE 140: 11806 •
AN EMERGENCY ORDINANCE. -OF THE''MIAMI CITY
'COMMISSION, -ESTABLISHING A NEW. SPECIAL "RE-
VENUE: FUND E_ NTITLED:,I 1.999 WAGES COALITION
SUMMER CAMP" AND APPROPRIATING.FUNDS ,FOR:THE s `
OPERATION OF._SAID,PROGRAMdN,THE. AMOUNT,OF UP
TO $50;006': CONSISTING OF A GRANT FROM THE DADE
MONROE. WAGES COALITION; FURTHER,AUTHORIZING'.::•
THE CITY:"MANAGER TO EXECUTETHE."NECESSARY
DOCUMENTS,'IN-A FORM ACCEPTABLE TO'THE:CITY AT I
TORNEY' OR THE ACCEPTANCE 'OF. SAID ,_ GRANT
CONTAINING,' ''A, 'REPEALER PROVISION .AND A
SEVERABILITY..CLAUSE; AND :PROVIDING,' FOR- AN:
EFFECTIVE DATE, t
ORDINANCE NO 11807
AN EMEF�GENCY ORDINANCE .OF THE `MIAMI *CITY
:.COMMISSI,ON'AMENDING;CHAPTER 22 OF THE'CODE OF"
THE CITYOF MIAMI FLORIDA AS AMENDED ENTITLED
"GARBAGE-AND.OTHER'SOL ID WASTE RELATING TO
o iTHE�fi PROVISION _OF .- SOLID WASTE SERVICES
„iFACILITIES,.AND:;PROGRAMS IN; THE CITY"OF' MIAMI, _..l
,F.LOR_ID'A;::PROVIDING;_THAT SOLID. WASTE,'ASSESS-:'
I i MENTS.tCONSTI,TUTE A LIEN ON-ASSESSED°PROPERTY
EQUAL IN RANK AND DIGNITY WITH THE 'LIENS OF ALL !I
STATE; COUNTY°,;DISTRICT OR MUNICIPAL=TAXES AND y
.`ASSESSMENTS'• -AND SUPERIORAN IN DIGNITY TO.' ALL 1
-OTHER':, PRIOR,;,LIENS,,LMORTGAGES; `_TITLES AND
SCLAIMS-., PROVI , NG i THAT THE SOLID,#U) WASTE
ASSESSMENTS..WAY BEt COLLECTED, :PURSUANT TO i
SECTIONS --' 1973632 AND',197.3635, FLORIDA STATUTES
AS--"AMENDEDE-
-MGRPARTIfiHEARL!!.-&`F-,AA 4614G-
•SECTION _ 22-12 OF SAID .. CODE, CONTAINING A'
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING.FOR AN -EFFECTIVE DATE; AND PROVIDING
FORINCLUSION-IN THE:CITY CODE.
YORDINANCE NO` 11808
AN NCE ORDINA;OF ,THE MIAOMMISSION
AMENDING THE�-FUTURE-.,LAND t USEr MAP OF -THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
':THE '.LANDI USE'''DESIGNATION ':OFI THE PROPERTY
` LOCATED AT`"APPROXIMATELY-2725r2727,"SOUTHWE8T
1OTH TERRACE„" MIAMI; FL"ORIDA FROM MEDIUM
=DENSITY^RESIDENTIAL 70 RESTRICTED COMMERCIAL
MAKING FINDINGS DIRECTING'. TRANSMITTALS' TO
AFFECTED AGENCIES x `CONTAINING} A' REPEALER j
• 'PROVISION "AND A' 'SEVERABILITY CLAUSE :AND `
PROVIDING FORfAN EFFECTIVE,DATE3 ' ,d",
ORDINANCE NO: 11809 -
AN ORDINANCE-; OF THE MIAMI CITY COMMISSION '
AMENDING PAGE`NO;`40 OF THE-ZONING'ATLAS`OF THE
1 CITY OF MIAMI,. FLORIDA,:.BY CHANGING THE ZONING
CLASSIFICATION!;FROM R 3^`MUL•TIFAMILY MEDIUM
DENSITY -a RESIDENTIAL .-TO C 1' RESTRICTED/ COM
I IMERCIAL FOR THE PROPERTY LOCATED", AT AP
27
PROXIMATELY1272527'SOUTHWEST 10TH TERRACE
MIAMI, FLORIDA, EXCEPT .FOR A'. ONE FOOT (1 )
PERIMETER RUNNING: ALONG THE WEST BOUNDARY
OF-*'. THE ,HEREIN"DESCRIBED' ='PROPERTY .:MAKING I
FINDINGS; CONTAINING A REPEALER PROVISION^AND A
SEVERABILITY = CLAUSE; AND ",PROVIDING FOR AN'
EFFECTIVE DATE.
.'". ORDINANCE NO `11810 _ ; V
AN ORDINANCE OF - THE . VIAMI CITY _COMMISSION
AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF:
' ;MIAW- FLORIDA, AS AMENDED,` ENTITLED: "'ALCOHOLIC
BEVERAGES;".TO.. MODIFY PROVISIONS_RELATED TO,` '
RETAIL SPECIALTY CENTERS,' TO ADD A. DEF.INITION.'
FOR ;'CENTER-: DESIGN ' DISTRICT, T,O '-INCLUDE THE "
l -'"CENTRAL-DESIGN DJSTRICT" AS•AN-EXCEPTION AREA
TO, DISTANCE'REQUIREMENTS,.AND•TO,PERMIT FOOD
ESTABLISHMENTS,' AS . SET FORTH IN.. SECTION 4-13,.
'--'-WITH. A'MINIMUM`OF50`SEATS'AND5i%bF}REVENUES'`
OBTAINED. FROM FOOD SALES, TO SERVE: ALCOHOLIC
BEVERAGES; :MORE .;PARTICULARLY BY "AMENDING;' '
SECTIONS 4-2. AND, 4-13',--CONTAINING A •REPEALER;
PROVISION" _'AND' A-; SEVERABILITY; .-CLAUSE;'_ AND:
PROVIDING FOR AN EFFECTIVE DATE
e` cti ,i nrrifnanres mAv he inspected tiv'the'publie at the Officeol the.
=riday, excluding holidays.between the;hpursof:8;a m arid 5 p m,
°F _ Walter J. Foeman ,
City Clerk
(#5247) _