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HomeMy WebLinkAboutR-91-0250J-91- 343 3/28/91 91- 250 _ RESOLUTION NO. A RESOLUTION RELATED TO ALCOHOLIC BEVERAGES; _ DIRECTING THE CITY MANAGER TO PLACE ON A CITY x COMMISSION MEETING AGENDA ONE YEAR FROM THE DATE OF THIS RESOLUTION FOR FURTHER CITY COMMISSION REVIEW, THE PROVISIONS OF ORDINANCE NO. 10772 (CODIFIED AS SECTION 4- r 3(C)(4) OF THE CITY CODE) WHICH ALLOWED SUNDAY SALES BY PACKAGE LIQUOR STORES (NON - COP), THE DATE OF SAID REVIEW BEING SCHEDULED FOR APRIL 9, 1992. 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, by letter of April 9, 1990, CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS [CAMACOL] (the Latin Chamber of Commerce of the United States), 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 on July 26, 1990, adopted Ordinance No. 10772 permitting, inter alia, Sunday package liquor sales on a year round basis, subject to review by the City Commission six (6) months from said Ordinance's effective date; and WHEREAS, the City Commission conducted a review on March 28, 1991 of Sunday sales by package liquor stores (non --COP) pursuant to Ordinance No. 10772; 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 that the provisions of Ordinance No. 10772 be the subject of further review in one (1) year, when the effect of said Ordinance can be I �i Y � d NOW1 THERSF'ORE, BE IT RSSOLV'Fb BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA! Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this f Section. Section 2. The City Manager is hereby directed to place on City Commission Meeting Agenda for further City Commission '- a review, the provisions of Ordinance No. 10772 (codified as Section 4-3(C)(4) of the. City Code) which allowed Sunday sales by package liquor stores (non -COP). Section 3. Said review shall occur one (1) year from the date of this Resolution, which shall be the City Commission meeting scheduled for April 9, 1992. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 28th day of , 1991. i� XAVIER L. SU EZ� MAYOR . AT S Y HIRAI, CITY CLERK PREPARED AND APPROVED BY: Y. - t s; JO L MAXWELL i CHIEF ASSISTANT'CITY`ATTORNEY r APPROVED AS -TO FORM --AND 1. CORRECTNESS;t .... J. - K4, -GERNAi1DEZ CITY ATTO EY ;. y F S i".,IA! - 'i4 4 CITY OF MIAMI, FLORIDA d_1W Pz INTER -OFFICE MEMORANDUM TO : Honorable Mayor and DATE : FILE Members of the City Commission FEB Eg 11991 SUBJECT : Ordinance Repealing Sunday Sales at Package Liquor Stores FROM : Cesar H. O REFERENCES :Agenda Item: City Manage City Commission Meeting ENCLOSURES February 28, 1991 RECOMMENDATION: Per Motion 91-80, January 28, 1991, following a six-month review of Ordinance' 10772, the Commission directed the Administration to present legislation (attached) which partially repeals Ordinance 10772 by amending Section 4-3 of the City Code to prohibit Sunday sales for package liquor stores N.C.O.P (No Consumption on Premises), except during December, at the February 28th, 1991, meeting and to so notify package liquor store owners. Liquor store 'owners were notified. The Planning, Building and Zoning Department continues to recommended approval of Ordinance 10772. BACKGROUND The arguments to retain Sunday sales year-round are as follows: 1. 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. 2. Liquor store merchants in the City had complained that the then- } existing Sunday prohibition against package liquor sales (not consumed on premises) was expecially difficult during December; CAMACOL had requested that these stores be allowed to remain open on Sundays year-round. Allowing package liquor stores NCOP (No Consumption on Premises) to remain open Sundays year-round would be identical to the."open" °} restrictions in West Miami, South Miami and Miami Beach (see, table). x + is The arguments for repeal are as follows; fi*3 There are already 1,146 establishments licensed to sell alcoholic ,2 pesreragas, either an or off the premises, i n the City of Miami Repeal would sti l 1 al l ow Sunday sales in December ( and extended 3f°,hours on 0hris�ils Eve and New Years Eve) which would be. �del�tc4i Y�, ro + It restrictions in ninborporatoo Dade'oqunty ltab ise Yf 5 n .5 F c 1.= k A W- 9 3. The Police Department does, not memorandum attached) ATTACHMENT ; PACKAGE LIQUOR STORES: HOURS OF OPERATION ON SUNDAYS MuniciRalitylCoUnty Hours of Operation: Sundays - Miami 1:00-7:00 p.m.; extended to 10:00 p.m. for Sundays in December and to 12:00 midnight on Christmas Eve and New Year's Eve. Dade County Prohibited, except 8:00 a.m.- 10:00 p.m. on Sundays in December (only)_ and on Christmas Eve and New Year's Eve until midnight. Coral Gables Prohibited_ West Miami 1-9 P.M. South Miami 11 a.m. - 6 p.m. Miami Beach.` g a.m. 6. p.m. (unrestricted) S 0 P t 'g' �{ 'S3 thn S� S Y�y�A k r, ,.�.:�"