HomeMy WebLinkAboutO-10882J-91-312
3/28/91
ORDINANCE NO. 10882
AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES;
AMENDING SECTION 4-10 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY
STANDARDIZING THE DISTANCE SEPARATION
REQUIREMENTS FOR ALCOHOLIC BEVERAGE LICENSEES
IN COMBINATION RESIDENTIAL AND COMMERCIAL
DISTRICTS TO FIFTEEN HUNDRED (1,500) FEET,
BUT PROVIDING FOR A REDUCTION OF SUCH
DISTANCE SEPARATION REQUIREMENTS BY THE
ZONING BOARD FOR NON -COP PACKAGE LIQUOR
STORES; ESTABLISHING PROCEDURES AND CRITERIA
FOR EXCEPTIONS; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND PROVIDING
AN EFFECTIVE DATE.
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 City Code as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Chapter 4, entitled "Alcoholic Beverages," of
the City Code of the City of Miami, Florida, as amended, is
hereby amended by amending the text of said Code as follows:l/
"Chapter 4
ALCOHOLIC BEVERAGES
ARTICLE 1. IN GENERAL
Sec. 4-10. Distance separation - between an
establishment within the central
commercial district 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
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.
10882
and wine for consumption on the premises as defined
under the laws of the State of Florida, in the central
commercial district, as described, if the proposed
place of business of said applicant is situated less
than five hundred (500) feet from a place of business
with a prior alcoholic beverage license, said
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 said applicant is situated less
than fifteen hundred (1,500) feet from a place of
business with a prior identical alcoholic beverage
license, further, Hkab or send dxa :rice: _AM
ir-flni -is-Ji'buethed—less —hheni--sau&n
d`s m i „r 1 .�.....� "' ' said
Gam, id distances to be
1LaC11�
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
hereinabove set forth shall not be applicable between
liquor licensees and beer and wine licensees.
-2- 10882
1. _ • �. - ! • - • - - • f
Sec. 4-14. Exceptions to distance requirements.
t-9- M--
may be modif ied bv the Zoninc; -Board—fbll-o-Yi -tLa:
appellate relief, In making their decision, the Zonin-
on the following criteria:
1 Whether there is ample off-street parking on
the same site as is the subject establishment
or whether there is adequate off street
,parking off the site or whether there is
adequate parking in combination.
2. Whether there are residentially zoned areas
within a three hundred and sevgnty-five (375)
foot radius of the subject site and how the
subject site is screened in terms of noise,
odor and light from these residential areas
3. How, and to what extent, advertising signs on
the establishment have been satisfactorily
minimized in size and reduced in lighting
intensity.
4. How, and to what extent, the proposed
ITUTF-
1305, Zoning Ordinance N. 111 which are
not otherwise e to be consid
M. i" im
-3 10882
Said findings shall specifically be incorporated in the
resolution of the Zoning Board.
Decisions of the Zoning Board are to be deemed final
unless within fifteen O calendar days of the date of
Board decision, a request for review, by the City
Commission is filed together with filing fees following
the procedure, for City Commission review As set forth
in Article 20, Zoning Ordinance No. 11000 including
e haustion of administrative remedies and judicial
review as therein set forth
Section 2. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 3. If any section, part of this section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 28th day of
March , 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 9th day of May , 1991.
ATXAVIER L. AREZ, MAYOR
T ST
MATT HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
O L E. MAXWELL
IEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JO GE L . RNANDE Z
CI Y ATTO NEY
JEM/db/M792
-4- 10882
a
MATTY HIRAI
City Clerk
tof
P$lt
W /
c
tog 11 Nif
r
CESAR H. ODIO
City Manager
May 15, 1991
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 331�5
Dear Ms. Reno:
Enclosed herewith please find a co
py of which amend the Code of the City of Miami, hFloridawing Ordinances
10882 10883
Please acknowledge receipt of same by affixing
to
the enclosed copy of this letter and return ittoothis ur lOffice efor
our files.
Thank you.
RECEIVED BY:
DATE:
MH:vg
Enc . .a/s
Very truly yours,
MATTY HIRAI
City Clerk
BY:
D PUTY CITY (FLER[
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250.5360
MATTY HIRAI
City Clerk
of tUM
ti s
rGErO.F1���``
May 15, 1991
CESAR H. ODIO
City Manager
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10882 10883
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
t
Very truly yours,
MATTY HIRAI
City Clerk
/01
BY:
DEPUTY CITY C ' RK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
i
OFFICE OF THE CITY CLERK/350o Pan American Drive/P.O. Box 330708/Miami, Florida 33133-0708/(305) 250-5360
d.n
ztf a
Y�CxYt
ur.
MATTY HIRAI ` �
City Clerk — CESAR H. ODIO
c .SI IL••
City Manager
r(�'F.tpQ
K
i
May 15, 1991
Mr. Robert L. Laslie
Vice -President •- Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Mr. Laslie:
Enclosed herewith please find a copy of the following Ordinance
which amend the Code of the City of Miami, Florida: s
10882 10883
If I can be of any further assistance, please do not hesitate to
call.
Very truly urs
I
Valerie Greenwood
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/35oo pan American Drive/P.O. Box 330708/Miami, Florida 33233-0706/(305) 250-s360
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
5
-° Honorable Mayor and Members DATE : FILE
of the City Commission APR 2 91991
SUBJECT
Section 4-10 of City Code
Distance Separation Requirements
Alcoholic Beverage Establishments
FROM ' REFERENCES:
Cesar H. Odio
City Manager ENCLOSURES: Agenda Item PZ-20; City Commission
Meeting of April 25, 1991
I t�
li ;g [am telaR
It is respectfully recommended that the City Commission adopt the attached
ordinance on second reading which amends Section 4-10 of the City Code to
standardize at 1,500 feet the distance between alcoholic beverage
establishments (outside downtown) and further provides procedures and criteria
by which the Zoning Board may reduce the distance. The Administration
proposes that a minimum distance separation of 500 feet be added.
BACKGROUND
During discussion of a six-month review of Ordinance No. 10777 on March 28,
1991, the Planning, Building and Zoning Department pointed out that the intent
of that Ordinance, that is, to separate "identical" licenses by 1,500 feet and
"dissimilar" licenses by 750 feet had been rendered meaningless by view of the
fact that State of Florida licenses 113 APS"* and 114 COP"** both allow package
liquor sales off premises. While "dissimilar", both can sell package
alcohol'- beverages off premises and may be located as close as 750 feet
apart.
During discussion of proposed legislation on first reading, the Commission
agreed to a standardized 1,500 feet distance and a process by which the Zoning
Board could reduce this distance separation. The subject legislation now
incorporates criteria and standards to guide the Zoning Board. The
Administration proposes that a minimum distance separation of 500 feet be
added.
Attachment
cc: Planning & Zoning Division
Planning, Building and Zoning Department
Law Department
* I APS" - "A" Package Store
** "4 COP" - Consumption on/off Premises
5 ,/
10882
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM n13
TO Honorable Mayor and Members DATE : FILE
of the City Commission FEB 2 1991
SUBJECT : Discussion: Six Month Review:
Distance Separation
Requirements: Alcoholic
FROM . REFERENCES: Beverage Establishments
Cesar H.. Od ENCLOSURES: Agenda Item: City Commission
City Manager Meeting of February 28, 1991
DISCUSSION:
In adopting emergency Ordinance 10777, September 7, 1990, the Commission
requested a six-month review. Ordinance 10777 amended the City Code Section 4-
10 to reduce the distance separation requirement between identical alcoholic
beverage licenses to 1500 feet (from 2500 feet) outside downtown. (Ordinance
10755 adopted January 28, 1990, had previously reduced the distance separation
requirement between dissimilar liquor licensees to 750 feet from 2500 feet
outside downtown).
BACKGROUND:
The Police Department has been requested to provide comments, as appropriate.
Any additional comments will be included in the agenda package.
The Planning, Building and Zoning Department has found that the intent of the
Ordinance, that is, to separate "identical" licenses by 1500 feet and
"dissimilar" licenses by 750 feet may be rendered meaningless by the fact that
State of Florida licenses 9 APS"* and "4 COP"** both allow package liquor
sales off premises (see table).
As an example, a holder of a 114 COP" license and a holder of a 9 APS"
license both can sell package alcoholic beverages off premises and may be
located approximately 750 feet from each other.
Establishing a uniform distance separation of 1500 feet between establishments
as is done in unincorporated Dade County, should be considered or
alternatively, establishing a uniform distance separation of 750 feet between
establishments, would eliminate this confusion.
* 3APS - "A' Package Store
** 4COP - Consumption on/off Premises
Attachment
1::
-1
FLORIDA ALCOHOLIC BEVERAGE LICENSES: SALES RESTRICTIONS.
FLORIDA
LICENSES
Alcoholic Beverages
Beer
Wine
Liquor
sale
on
premises
sale
off
premises
sale
on
premises
sale
off
premises
sale
on
premises
sale
off
premises
1 APS (Beer Only)
O
2 APS (Beer & Wine)*
•
•
1 COP (Beer Only)
2 COP (Beer & Wine)
•
•
•
•
•
•
3 PS/3APS
•
•
•
•
•
4 COP
•
•
•
•
SPECIAL LICENSES
Special S (hotel -
motel only)
•
•
•
•
•
•
Special SR
(restaurants only)
•
•
•
•
•
Special:SRX
(Restaurant only) -
•
•
•
Special SBX
(Bowling alley only)
•
•
•
Club II C (private
clubs only)
•
®
•
* Typical incidental
sales of Beer and Wine
by a Supermarket,
retail store etc.
License Abbreviations
APS - "A" Package Sales
COP - Consumption on/off Premises
NCOP - No Consumption on Premises
(Same as APS)
PS - Package Sales
10882
MIAMI 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
Sockle VAlllame, who on oath says that she Is the Vice
President of Legal Advertising of the 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 MIAMT
Legal Notice
May 9, 1991
Re: Ordinance No. 10882
In the ..... X X X
.... Court,
was published in said newspaper in the Issues of
May 16, 1991
newspapertpublished at Miami InesaiddDadie CountyeFlis orida,
end thhat the said newspaper has heretofore been continuously
published In said Dade County, Florida each day (except
second yclass Sunday
and
terraa HthedapYost officesin been
In said
Dade County Florida, for a period of one year next preceding
the it blication of the attached copy of advertlsement• and
off Is furt or says that she has neither paid nor promises any
ps , if or corporation any discount, rebate, commission
or tun for the pu Be of securing this advertisement for
publ a n In the as newspaper. ,
0�+0
Swory*�0S egVbe before me this
1 f
f
(SEAL) OP FL���'
"OFFICIAL NOTARY ,CAL„
OCTELMA V FERBEYRC
MY COMF1, EXP, 719144
'BAN
WC
AN OP
AN EMERGI
TAN
FOR
K01%000; '06_NTAI ZINC, A'
RAMIILITY CLAUSE
0,1�0888� • � ..�'.
ABLI$HIN0; SPECIAL REV.
GRANT AND ,TO'EXECU,TE THE NECESS
FORM ACCEPTABLE TO THE CITY ATTOI
TAN DADE'COUNTY TO ACCEPT SAID
REPEALER PROVISION AND SEVERABIL
Raul nriilnnn..ve ... ...