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HomeMy WebLinkAboutM-95-0779__,,, CITY OF MIAMI, FLORIDA INTER-OFFICE MEMORANDUM ro I-Ionorabie J.L. Plummer, Jr. .Ur ~~~.ar,~, ., ; . October 27, 1995 FILE Vice-Mayor SUBJECT Sale of N.C.O.P. alcoholic beverages ~~ ' = , A ~ ~ ~ ~ ~• ~ , - ` ~ during year-end holiday period. ~l1rl ; G~ ::I T t, , . , FROM A.C~ut n Jan ,III REFERENCES City Commission Meeting of October 26, City Attor~~ ENCLOSURES 1995; Proposed resolution extending hours of operation. At the end of yesterday's meeting, October 26, 1995, the City Commission adopted a resolution amending the coming holiday fours of operation for N.C.O.P. (No Consumption On Premises) Package Store alcoholic beverage establishments in the City. As the maker of the motion, your direction to this Office, at that time, was to change the fours of operation to make them "the same as previous years resolutions" on the subject. Research by this OfJ°ice and the City Clerk's Office indicates that the last resolution on this subject was passed by the City Commission in 1989. On July 26, 1990, the City Commission adopted Ordinance No. 10772 which amended City Code Section 4-3(c)(4). That section, a copy of which is attached hereto, pravides that: (4) 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 24th) and New Year's Eve LDecember 31st) until 1200 midnight and on Sundays during the month of December until 10:00 n.m. {Emphasis supplied.) Inasmuch as we were instructed to utilize past resolutions on this subject as a guide (the last such resolution was 1989), and such legislation reflects the same alcoholic beverage holiday sale hours now codified for "Sundays in December," "Christmas Eve" and "New Year's Eve," it appears that the aforementiared City Code section eliminates the need for the referenced proposed resolution unless the City Commission had solne other time schedule in mind when yesterday's resolution was adopted. If the hours set forth above for the holidays, and codified in Chapter 4 of the City Code, do not accurately reflect the City Commission's intention, I am asking that you, as the maker of yesterday's motion, please notify me. If no further action is necessary, the resolution adopted yesterday should be classified as a motion by the City Clerk's Office. 9~- '779 `1 Honorable J.L. Plummer, Jr. Vice-Mayor October 27, 1995 Page 2 Attachment cc. Mayor Clark and Members the City Commission Cesar H. Odio City Manager Walter J. Foeman City Clerk Joel E. Maxwell Deputy City Attorney § d~3 ~, MIAMI COD$ § 4.8 (1) Vendors of alcoholic beverages operating stores not located within the central commer- cial district, as defined in subsection (a), pri- marily for the sale of products other than al- coholic beverages may make sales of beer and wine in sealed containers for consumption aff the premises during such hours as their stares legally remain open for the sale of oilier goods. 121 Vendors of alcaholic beverages operating spe- clalty retail tihops ur st.ores located within tole central cummercial district, as defined in subsection ial, primarily for the sale of prod acts other than alcohalic beverages may make gales 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 of wine shall be permitted an Sunday. !31 (4) i5) 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: Beer and wine bar, C.O.P. Liquor bar. C.U.P. Restaurant, liquor, beer and wine, C.O.P. Hotel, motel and apartments, C.O.P. w%th less than one hundred (100) guest roams. Private clubs, liquor, C.O.P. Any of the establishments (above) in a re- tail or waterfront specialty center. 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 Pram 1:00 p.m. to 7:00 p.m.; providing further that these hours shall be extended on Christmas Eve (December 24th) and New Year's Eve (December 37.st) until 12:00 midnight and orl Sundays during the month of December until lO:OC p.m. The hours of sale for alcoholic beverages by 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 day: Supp. No. 39 Nightclubs, C,O.P. Supper clubs, C.O.P. Hotel, motel and apartments, C.O.P., with one hundred 11001 or more guest rooms. An,y of the establishments iabove) in a re- tail or waterfront specialty center. The city commission may extend the above hours of sale for alcaholic beverages for consumption on or off the premises nn special occasions by resalu- tion. (Code 1967, § 3-8: Ord. No. 9250, § 1, 3.17.81; Ord. No. 9585, § 1, 3.24-83; Ord. No. 9671, § 1, 9.7.83; Ord. No. 10144. § 1, 9-11.86; Ord. No. 10636, § 1, 9.14-89; Ord. No. 10772, § 1, 7-2G-901 Slate law reference-,4uthority of city to regulate time of sale of alcoholic beverages. Fla. Slats., ~§ 562 14111, 56'l.15121 Sec. •t•-;l. Sales to intoxicated persons prohib- ited. Alcoholic beverages shall not be sold to any person who is intoxicated. tCode 1967, § 3.91 Stste law reference-Furnishing intoxicants to habitual drunkards prohibited after required notue given, Fla. Stets., F 562.50. Sec. 4-5. Employees net to be served drinks paid for by customers. It shall be u lawful for any entertainer or em- ployee in a pla~ dispensing alcoholic beverages for consumption on the premises to be served any beverage, whether an alcoholic beverage or oth- erwise, for which a customer or patrcu in such establishment pays. (Code 1967, § 3-11J Annotation-Prohibition on service to employees of drinks paid for by custcsmere held valid exercise of police power of city. City of itiami v. Jiminez, 130 So. Zd 109. GSity code cross reference-Prohibition against serving drinks purchased by customers to female employees of dance halls or ballrooms, 4 5.78. Sec. 4-8. Employees not to mingle with cus- tomers. It shall be unlawful for employees or enter- tainers in places dispensing alcoholic beverages for consumption on the premises to mingle or fr. et- ernize with the customers ar patrons of such es- tablishment. (Code 1967, § 3-12) Annotations--Prohibitions against employees mingling with customers held valid. City of Miami v. Kayfetz, 92 So. 2d 798. 362 ~~" ~!~