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Home My WebLink AboutO-11440r.. J-96-1116 10/10/96 11440 ORDINANCE N0. AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 4, ENTITLED "ALCOHOLIC BEVERAGES," BY AMENDING SECTION 4-10, RELATING TO DISTANCE SEPARATION, BY MODIFYING THE DISTANCE SEPARATION BETWEEN ESTABLISHMENTS FOR THE SD-8 DESIGN PLAZA COMMERCIAL - RESIDENTIAL DISTRICT; FURTHER, UPDATING THE CENTRAL COMMERCIAL DISTRICT DESIGNATION TO INCLUDE THE WORD "BUSINESS"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of September 18, 1996, Item No. 4, following an advertised hearing, adopted Resolution No. PAB 45-96 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of amending Chapter 35 of the Code of the City of Miami, Florida, as hereinafter set forth; 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 of Miami and its inhabitants to amend the Code of the City of Miami; 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 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 11440 � ad' is hereby amended as follows:` "CHAPTER 4 ALCOHOLIC BEVERAGES � 4 k ARTICLE I. IN GENERAL Sec. 4-10 Distance separation - Between an establishment within the central commercial h+l-cs� district the nesi_gn plaza Comm r_ial-R aid n i 1 nis rin and combination residential and commercial district. No certificate of use and/or occupancy shall be issued to any applicant for the consumption or sale of liquor either on the premises or off the premises and/or beer and wine for consumption on the premises as defined under the laws of the state, in the central commercial hugi n _aa district and the sn-8 Design Plaza .a o m _rci a1 - Residential nistrint, as described in nrdinan PS ?3QQD.. as ampndpd, the Toning Ordinanne of thp City of Miami, if the proposed place of business of such applicant is situated less than five hundred (500) feet from a place of business with a prior alcoholic beverage license, 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. - 2 - 11440 .U. 3 such five -hundred -foot distance to be measured and computed from the front door of the established licensee to the front door of the proposed place of business of the applicant along the route of ordinary pedestrian traffic; and provided further, that no certificate of use and/or occupancy shall be issued to any applicant for consumption or sale of liquor on the premises or off the premises and/or beer and wine for consumption on the premises in that district designated as the combination residential and commercial district, if the place of business of the applicant is situated less than fifteen hundred (1500) feet from a place of business with a prior alcoholic beverage license; such distances to be measured and computed from the front door of the established licensee to the front door of the proposed place of business of the applicant, along the route of ordinary pedestrian traffic. The restrictions herein -above set forth shall not be applicable between liquor licensees and beer and wine licensees. Notwithstanding the above, said distance requirements may be reduced for a non -COP package liquor store (for consumption off premises only) through the procedure in section 4-14(g). MM 11440 •tea Section 3. All ordinances or Farts 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 thereof. PASSED ON FIRST READING BY TITLE ONLY this 21st day of November , 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of January , 1997. ATTEST: WALTER J. CITY CLERK PREPARED AND APPROVED BY: E. MAXWELL Y CITY ATTORNEY ;JBM;mis - 4 - � nom OLLO, MAYOR APPROVED AS TO FORM AND CORRECTNESS: NNFEY ES, III CITY AT 11440 lb PLANNING PACT SHEET APPLICANT Department of Community Planning and Revitalization APPLICATION DATE August 27, 1996 PZ-21 3ZC= RW= REQUESTILOCATION Amendment to Chapter 4 of the Code o$ t,-,e Cfty of Moann, Ronda, as amended LEGAL DESCRIPTION Not applicable PETITION Consideration of amending Chapter 4 of the Code of ;-,e City of Miami, Flonda, as amended entitled `Alcoholic Beverages,' by amending the distance requirements within the SO-8 Design Plaza Commercial -Residential District. PLANNING Approval. RECOMMENDATION BACKGROUND AND ANALYSIS The purpose of this amendment is to modify the distance requirements for alcoholic beverage establishments in the SD-8 Commercial Residential District in order to reduce said distances to match those of the Downtown area. The SD-8 District has, over the past two years, been experiencing an increased level of growth and transformation. The area is attracting a greater number of entertainment and show business type establishments. A reduction in the distance requirements for alcoholic beverage establishments will enable the district to continue to grow and flourish as an entertainment center for the city by allowing a greater number and variety of nightclub uses. PLANNING ADVISORY BOARD Approval. VOTE: 7-0 CITY COMMISSION passed first reading on CC 11/21/96. Coutimmd from CC 12/12/96. APPLICATION NUMBER 96-265 September 18, 1996 Item # 4 Page # 1 1.1440 4-- RESOLUTION PAD - 45-96 A RESOLUTION RECOMMENDING APPROVAL. OF AMENDMENT TO THE MIAMI CITY CODE, AS AMENDED, BY AMENDING CHAPTER 41 ENTITLED "ALCOHOLIC BEVERAGES", BY AMENDING THE DISTANCE REQUIREMENTS WITHIN THE SD-8 DESIGN PLAZA COMMERCIAL -RESIDENTIAL DISTRICT, HEARING DATE: September 18, 1996 VOTE: 7-0 ATTEST: LUFT, DEPARTMENT OF COX M ITV PLANNING & REVITALIZATION 3 -To MIAMI DAILY BUSINESS REVIEW Pu MW Detl ea CW SAfft, SWKINY and MA",o o� cony Fla. WATti CF FLOIOIN COUK" OF DADM Oo N i tlths underslprad wWWitl► perssnaily appeared FerWM. wha on oath says that she Is the ftpetvhw. Legal Notices of the 1111 nl Daily Business RW4%w WA MIEN Gundey GM � Holidays) at tdInad County. Fto W' that the atts W oapy of odvwM m % bl0 a L"M Adrertimnam of Notim In the matter of CITY OF MIAMI ORDINANCE NO. 11440 In the couf% was pubilstad In uM rrswIMN In the Isaias of Mar 5, 1997 AMW pavlser M tftWw says drat ft Said Mblml Daily tlwsirass id Deft CAW", Fk*M% W ftsaid newspspsr has ~her*Wm =ha: eewi enesnd a aeoond Class mall matter at as post aMloa In Alta M In sold Dells Count, tAarlda, t« a padod at are per raze pnasdllq 11ie not pub€loalim at the attached GM ate and dlhnt it~ Says Like do has WtIm paid I pF IMedAxin any p«sar►. eoogxnom Gf In the ft aM to and subscribed before na t1Ns 5 March 97 —xio _ A.D.1S.»... (ALL p4 OFFICIAL NOTARY SEAL JANETT LLERENA fl AMON NUMBER �: < CC566004 d� MY COMAAMION EXPIRES OOTY or IIt1AMMMM Al YMsreds0 pslaorls sib we fia W ow an t o add � .�. ,�. 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