HomeMy WebLinkAboutM-91-00802 4^1
CITY OF MIAMI. FLORIDA PZw14
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and
Members of the City Commission
h
FROM Cesar H. Od
City Manager
DISCUSSION
DATE J A N 1 1 1991 FILE
SUBJECT Six Months Review:
Sunday Openings for
Package Liquor Stores
REFERENCES Agenda Item --City Commission
Meeting of January 24, 1991
ENCLOSURES.
In adopting Ordinance 10772, July 26, 1990, the Commission requested a six-
month review. Ordinance 10772 amended the City Code, Section 4-3, to allow
package liquor stores to open for business on Sundays throughout the year from
1:00 p.m. to 7:00 p.m.; to remain open until 10:00 p.m. on Sundays in
December, to remain open until midnight on Christmas Eve and New Year's Eve.
Both the Police Department and the Planning, Building and Zoning Department
have been requested to provide comments, as appropriate. If these departments
have any comments, they will be included in the agenda package.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Sergio Rodriguez, Director DATE : January 2, 1991 FILE
Planning, Building & Zoning Dept.
SUEUECT : Six -months Review of
Ordinance 10772 Allow-
ing Package Liquor
,--� Stores to Open on
FROM . Ose A. Genuardi P.E. REFERENCE
�5undays
in Administrator
ENCLOSURES:
This is to advise you that to date we have not received any
complaints about liquor stores opening on Sundays.
JAG/jg
cc: ✓Joe McManus -
File
. W.
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
To Honorable Mayor and Members DATE
of the City Commission
SUBJECT
FROM REFER04CES
Cesar H. Od
City Manager &CLOSURES
MAY 1 s 1990 PLE .
Ordinance: City Code Amendment:
Package Liquor Stores --
Sunday Opening
Agenda Item; City Commission
Meeting of May 24, 1990
It is respectfully requested that the Com>•ission an rove amendments to Chapter
4 Alcoholic Beverages of the City Code, by amending Article 1, Section 4-3, to
allow package liquor stores to open for business on Sundays year-round; to
extend their business hours until 10:00 p.m. on Sundays in December, and until
midnight on Christmas Eve and New Year's Eve, and by making clarifying
amendments to Sections 4.9, 4-10, 4-11, 4-12 and 4-13, per the attached
ordinance. 11
The Planning Department has observed that over the course of the past 40
years, there has been a gradual relaxation of Sunday "blue laws" in response
to law suits and the desire of the public to conduct business on Sundays.
Liquor store merchants in the City have complained that the existing Sunday
prohibition against package liquor sales (not consumed on premises), is
especially difficult during December because of the amount of holiday business
that is shifted to unincorporated Dade County, where package liquor stores are
allowed to open for business all the Sundays in December until 10:00 p.m. and
to remain open until midnight on Christmas Eve and New Year's Eve (See
Attachment A). Annually, the City Co ission by resolution, has allowed
package liquor stores to remain open on Sundays in December (only) as for
example last year by Resolution 89-977, October 26, 1989.
By letter of April 9, 1990 (attached) CAMACOL requested consideration of
allowing these stores to remain open on Sundays year-round and lift the
restriction in the City Code, proposing a one-year trial Br.
(Sunday
openings of adjacent municipalities are shown in Attachment Br.
This amendment would allow package liquor store
year-round during the hours of 10:00 a.m. to 6:00
during the hours of 10:00 a.m. to 10:00 p.m.,
midnight on Christmas Eve and New Year's Eve.
close at 10:00 p.m. on weekdays).
Clarifying amendments are recommended for Sections
stating that "certificate of use and/w occupancy"
and clarifying other points of accepted practice.
s
to remain open on Sundays
p.m.; on Sundays in December
and to remain open until
(Package liquor stores now
44, 4-10, 4-12 and 4-13 by
are at issue, not "licenses"
91- 80
2
Honorable Mayor and Members
of the City Commission
If the Commission wishes to follow-up CAMACOL's offer of a one-year trial
period, then the administration should• be requested to report back within 12
months (by May 1991).
Attachment
cc: Law Department
Planning Department
CAMAILADE COMERCIO LATINA DE I:OS STADOS UNMOS
Lain Chamber of Commer�g'of v..S.A.
�'�'17,eP
April 9, 1990 U.
JCMrA DS OONUMM
IN&Ut
P8Z3WZN= DE 80NM
Mem" B.Wo Mr. SargiO Rodriquez
PIZBMZNs city
tCManager
takinabbu of ami
3500 Pan American Dr.
Kiasi. rl 33133
WMISSAWOWWW
AWbny C. Btm
Ar.t..'.ftft Dear Mr. Rodriquez:
A'o
As you are aware, annually, on the month of
39C3==0
November 0 CAMA,COL appears bef are the Board of City
COMissiamwa to request a permit to open Liquor
vtcE.sEUA:tto"s
store in the vicinity of the City of Miami,, on
VhW& tars
Sundays during the mouth of December.
TMMMO
OdNO oNahgo
We have received a large astount of requests frost
Aned
Liquor store oruers concarainq the dim on
imp
an them t o The
thejacent
�cipaliliea
AECTOz DE 2=40a ss
thaad i. of
are adto �
1��
Miami ara able to operate, tree from such
vnm.DtaEtAHOM
restrictions, and therefore keep their Liquor Store
&UAa0NEs t =0U3
open seven days a week, all year round.
J" Um amb
Ave�d.8. a.rd.
We would like to provide the autrrpr ounwa within
F.�...D�
,
City of Miasti, with as opportunity to com:pets
Mani Hampa
with their outside the City limits.
ENm(Tlto)iWmCd
The proposition is for a one yeas trial period is
Famm Qu OU"w
which the Liquor stows within the City of Miami
Made L TWE"
Qdw AL Do
-_ Do LA CMJ
could remain: opens an Sundays.
Mon _WWOMW
hLxamrm
NO feel that this is a fair request and hops that
admm
you will be able tocooperate and help us with this
�&
proposal. Your commidmation on this matter will be
?go"net V. Grp
qrsatly PP d. is
Ah" lY
i . Refill Garda • Tab& �
' Mn
00Mep ALorriaLuis
President as
� Elof► a. coas.is
AMMXHUMYMCAM
AXWOR=NOW=
MUM Ls/if
Palm SAN" L4W
cp.k.lk
man
Trt+N�e
xinum
SRI
91 - 80
,1�M fit. s MALING ADDRESS: P.O.BOX 330924. MLUUXLAJ3135
MAIN 0MCM 1417 W. FE AGUR ST..I+a 4W. nA. 33135
PHON1 • (305) 642.3870OMF Q 153601 CAMACOL. FAX' (305) 64-0653
ATTACHMENT A
EXCERPT -METROPOLITAN DADE COUNTY CODE
See. 33-151. Hamm and days of sale.
No alcohollc beverages shalt be sold or sewed within the
uainerorposatsd Mesa of Dads County eaoaept at such hours
and on such days and by such vendors as set forth below:
(a) EstabUshneents for package solar only. Vendors
holding a Hennes from the state beverage department
for the sale of alcohoR beverages for com=ption off
the premises oniy, shall nuLke no sale of auoholic
beverages on Sundam and shall make no sale of
alcoholic beverages during week days except between
the hours of 8.-00 arm, and 10:00 p.ma provided.
however. that vendors operating stores primarily for
the sale of products other than alcoholic beverages
(esoepcing such stores as are nonconforming under the
zoning regulations) may make sales of beer in sealed
caataiaers for eaansu:aption off the premises dewing
steh hours as their stores 1egaUy remain open for the
sale
Of other goods: provided farther. however. that na&
fnt in the foregoing proviso &half be deemed to modW
SAW of the provisions of the soming regulations so hers.
t I s or hereafter adopted. Vendors in hest and tsdde
instsllatloas and camp grounds holding stare Liam
fis+ae:t the leverage depasament for the sais of bees in
aeaied containers. for consumption oft the premtiesn.
ahsll maks no sale of beverages esaept between the
hours of 5:00 a.m. and 7:00 p.mt.
(m) PackmV salsa on Chriumes Ewe and New Year's Eve and
an Sundays during the month of Dtmmber. AU vendor in
the utah000rpoeated areas of Dade County holding valid.
arrest liarasse isom the stag beverap deparment for
the sale of ataoholie beverages for exasumpaon off the
preeaim teetabiishmenu for package aales only) may neke
sales keep their placse of bunnw open until IM
mWaight on Christmas Eve (December 24th) and New
Year's Eve (Deeember 3lst). and between the hours of
8:00 am and 10.00 p.m. on Sundays during the mouth of
Dsounber. the provisions of subssotton ta► of this sewon to
the contrary notwithstanding.
91-6 80
ATTACHMENT B
PACKAGE LIQUOR STORES: HOURS OF OPERATION ON SUNDAYS
Municipality/county
Miami
Dade County
Coral Gables
Nest Miami
South Miami
Miami Beach
Hours of Operation: Sundays
Prohibited
Prohibited, except 8 a.m. - 10 p.m.
on Sundays in December (only) and
on Christmas Eve and New Year's Eve
until midnight.
Prohibited
1-9 P.M.
11 a.m. 6 p.m.
8 a.m. - 6 p.m. (unrestricted)
91 - 80
f
• J-90-384
6/28/90
ORDINANCE NO.
AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES;
AMENDING SECTION 4-3 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA. TO ALLOW PACKAGE LIQUOR
STORES TO OPEN FOR BUSINESS ON SUNDAYS DURING
CERTAIN HOURS; TO EXTEND THEIR HOURS OF
OPERATION ON SUNDAYS IN DECEMBER; TO REMAIN
OPEN ON CHRISTMAS EVE AND NEW YEAR'S EVE
UNTIL MIDNIGHT; SUBJECT TO ONE YEAR REVIEW;
FURTHER, BY CLARIFYING SECTIONS 4-9, 4-10, 4-
11, 4-12, AND 4-13; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission, on October 26, 1989, heard
complaints from City of Miami business people that they were
losing package liquor sales to other municipalities and
unincorporated Dade County during the December holidays by reason
of the City's prohibition on Sunday package liquor sales; and
WHEREAS, the City Commission has customarily granted an
exemption, by resolution, for Sunday package liquor sales in the
month of December (only), and most recently did so by Resolution
89-977, October 26, 1989; and
W331 AS. by letter of April 9. 1990, CAMARA DE COMERCIO
LATINA DR LOS ESTADOS UNIDOS [CAMACOL], (the Latin Chamber of
Commerce of the United States), has requested that package liquor
stores be permitted to open for business on Sundays year-round,
proposing a one-year trial period; and
WHEREAS, the City Commission after careful consideration of
I
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, is hereby amended by
amending the text of said Code as follows:./
"Chapter 4
ALCOHOLIC BEVERAGES
ARTICLE I. IN GENERAL
Section 4-3. Hours during which sales allowed; Sunday
sales.
s * *
Cod No distributor or vendor of intoxicating and/or
alcoholic beverages or any employee thereof, on the licensed
premises, shall sell, serve, offer to sell, allow to be
consumed or deliver any alcoholic beverages to any person,
except during the following hours:
s s s
(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.; Sundaya av
Section 4-9. Violation of state law.
It is intended that the urovieiOns of this obagter shall
apRIZ solely to those beverages oonstitutinQ alooholio
beverages antler the laws of the State of Florida. Beery
violation of the laws of the State of Florida relating to
the sale of alcoholic beverages is hereby speoifioally made
a violation of this chapter, with the same force and effect
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 and ellipsises indicate omitted and unchanged
material.
4
an if the provisions of such laws were fully set forth
herein.
Section 4-10. nistance Separation - between an
establishment within the ventral 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 and/or
beer and wine as defined under the laws of the state, either
on the premises or off the premises, in the central
commercial district, as described, if the place of business
of said applicant is situated less than five hundred (500)
feet from an established licensee, 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
licensee, along the route of ordinary pedestrian traffio:
and provided further, that no
oerttfiaate of use and/or 000una= shall be issued to any
applicant for a ttaerme for consumption or sale of liquor
aj±j= on the premises or off the premises aadLor for the
stale of beer and wine for ooneumntion on the yxzzjfi= in
that district designated as the combination residential and
commercial district, if the proposed place of business of
said applicant is situated less than two thousand five
hundred (2,500) ZA&I from an established licensee, said two
thousand five hundred (2,500) feet to be measured and
computed from the front door of the
proposed itcoxwee,
of the gjnl� icant.. along the route of ordinary pedestrian
traffio. The restrictions hereinabove set forth shall not
be applicable between &l liquor and hl beer and wine
licensees.
Section 4-11. Same -From residential districts.
No ttvanne ._ ... ._
IJUMAdbeer
-3-
91 — 8
and wine for oonsumption on the promisee
where the provpongkd place of b singes of the agnlio ,ant is
nearer than five hundred (500) feet to an R (residential)
district, unless such institution is so arranged and the
building so constructed and the business is so oonduoted as
to prevent the emission of sounds, vibrations and odors.
Section 4-12. Same -From ohurohes and public schools in
oentral commercial district.
No ttoease< Qertlfioate of use and/or 000utianog. shall be
issued to anv apt• for the sale of liquor to be
oonsumed either upon the premises or off the premises aadLor
for the sale of beer and wine to be oonsumed on the premises
in the central commercial district toamy
, where the provTed place of
business of the ais within three hundred (300) feet
of a church or public school; provided the method of
measurement that shall be applied to determine whether or
not a the proponed place of business of the apt ioant
011 or off the prexteses Ali fi es _ shall be by measurement
made or taken from the main front entrance of the said place
of business to the nearest point on a parcel of land
occupied by a church or parcel of land set aside for, and
used, or proposed to be used, for public school purposes,
and the said measurement shall be made along the route of
ordinary pedestrian traffic.
Section 4-13. Same -From churches and public schools in
combination residential-oommeroial districts.
No 3townse certificate of use and/or 000umanov shall be
i ssuea to any Applicant for the sale of liquor to be
oonsumed either upon the premises or off the premises a dLor
for the sale of beer and wine to be consumed on the premises
in the combination residential and
commercial district to any person, ftrz wr corporattv wher8
the pro-Posed_place of jby8iness is within three hundred (300)
feet of a church or nearer than one thousand (1,000) feet to
any public school; provided the method of measurement that
shall be applied to determine whether or not s the rprray.used
place of business
q+A. s shall be by measurement made or taken from the
main front entrance of the said place of business to the
nearest point on a parcel of land occupied by a church or a
parcel of land set aside for, and used, or proposed to be
used, for public school purposes, and the said measurement
shall be made along the route of ordinary pedestrian
traffio .
Section 2. The provision of Section 4-3(o)(4) shall be
subject to review by the City Commission.twelve (12) months from
the effective date of this Ordinance.
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 8. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this I day of
, 1990.
-S_
l�.
PASSED AND ADOPTED ON SECOND AND FINAL READING By TITLE ONLY
this day of 1990.
XAVIER L. SUAREZ, MAYOR
ATTEST:
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
4JO E. MAXW
EF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORX AND CORRECTNESS:
JORGE L. FXWANDEZ
CITY ATTORVEY
JBM/db/M828
-8-
91- so
/3
J-90-364
7/26/90
ORDINANCE NO.
AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES;
AMENDING SECTION 4-3 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, TO ALLOW PACKAGE LIQUOR
STORES TO OPEN FOR BUSINESS ON SUNDAYS DURING
CERTAIN HOURS; TO EXTEND THEIR HOURS OF
OPERATION ON SUNDAYS IN DECEMBER; TO REMAIN
OPEN ON CHRISTMAS EVE AND NEW YEAR'S EVE
UNTIL MIDNIGHT; SUBJECT TO SIX MONTH REVIEW;
FURTHER, BY CLARIFYING SECTIONS 4-91 4-11,
4-12, AND 4-13; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission, on October 26, 1989, heard
complaints from City of Miami business people that they were
losing package liquor sales to other municipalities and
unincorporated Dade County during the December holidays by reason
of the City's prohibition on Sunday package liquor sales; and
WHEREAS, the City Commission has customarily granted an
exemption, by resolution, for Sunday package liquor sales in the
month of December (only), and most recently did so by Resolution
89-977, October 26, 1989; and
WHEREAS, by letter of April 9, 1990, CAMARA DE COMERCIO
LATINA DE LOS ESTADOS UNIDOS [CAMACOL], (the Latin Chamber of
Commerce of the United States), has requested that package liquor
stores be permitted to open for business on Sundays year-round,
proposing a one-year trial period; 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 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, is hereby amended by
91 r- 80
10772
V
amending the text of said Code as follows:l/
"Chapter 4
ALCOHOLIC BEVERAGES
ARTICLE I. IN GENERAL
Section 4-3. Hours during which sales allowed; Sunday
sales.
(c) No distributor or vendor of intoxicating and/or
alcoholic beverages or any employee thereof, on the licensed
premises, shall sell, serve, offer to sell, allow to be
consumed or deliver any alcoholic beverages to any person,
except during the following hours:
(4) The hours of sale for alcoholic beverages by a liquor
package store, N.C.O.P., are weekdays, including
SaturdaylL, from 7:00 a.m. to 10:00 p.m.; Sundayj% ne
Section 4-9. Violation of state law.
It is intended that the ,provisions of this chatter shall
Apply solely to those beverages constituting alcoholic
beverages under the laws of the State of Florida. Every
violation of the laws of the State of Florida relating to
the sale of alcoholic beverages is hereby specifically made
a violation of this chapter, with the same force and effect
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 and ellipsises indicate omitted and unchanged
material.
91- so
. 10772
as if the provisions of such laws were fully set forth
herein.
Section 4-11. Same -From residential districts.
No license certificate of use and/or occuFancy shall be
issued to anv ap2l cant for the sale of liquor and/or beer
and wine for consumption on the premises shall be permitted
where the proposed place of business of the applicant is
nearer than five hundred (500) feet to an R (residential)
district, unless such institution is so arranged and the
building so constructed and the business is so conducted as
to prevent the emission of sounds, vibrations and odors.
Section 4-12. Same -From churches and public schools in
central commercial district.
No license certificate of use andfor occuRancy shall be
issued to any applicant for the sale of liquor to be
consumed either upon the premises or off the premises An;Uor-
for the sale of beer and wine to be consumed on the premises
shall be isso in the central commercial district to any
, where the oro�, Qosed place of
business of the aRolicant is within three hundred (300) feet
of a church or public school; provided the method of
measurement that shall be applied to determine whether or
not ar the Rro2 owed place of business
Qualifies. shall be by measurement
made or taken from the main front entrance of the said place
of business to the nearest point on a parcel of land
occupied by a church or parcel of land set aside for, and
used, or proposed to be used, for public school purposes,
and the said measurement shall be made along the route of
ordinary pedestrian traffic.
Section 4-13. Same -From churches and public schools in
combination residential -commercial districts.
91- so
- 3
No mense cartifi ate of use and/or occupancy shall be
issued to any apoli� cant for the sale of liquor to be
consumed either upon the premises or off the premises AndLor
for the sale of beer and wine to be consumed'on the premises
in the combination residential and
commercial district to any persent firm or corperetion erg
the -proposed place of business is within three hundred (300)
feet of a church or nearer than one thousand (1,000) feet to
any public school; provided the method of measurement that
shall be applied to determine whether or not a the nronoosed
place of business of the applicant
sell liquor for conswitption either en or off the prem±aes
Qualifies shall be by measurement made or taken from the
main front entrance of the said, place of business to the
nearest point on a parcel of land occupied by a church or a
parcel of land set aside for, and used, or proposed to be
used, for public school purposes, and the said measurement
shall be made along the route of ordinary pedestrian
traffic.
Section 2. The provision of Section 4-3(c)(4) shall be
subject to review by the City Commission six (6) months from the
effective date of this Ordinance.
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 thereof.
PASSED ON FIRST READING BY TITLE ONLY this 26th day of
June , 1990.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 26th day of July
ATTEST
MATTY TR RAI
CITY CLERK
PREPARED AND APPROVED BY:
4.01, to. 4;0�
. MAXWELL
ASSISTANT CITY TTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JO*GE L. FER ANDEZ
CITY ATTORNE
JEM/db/M628
1990.
XAVIER L. SU EZ, MAY
91 - so
10772_