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ORDINANCE NO.
AN EMERGENCY ORDINANCE RELATING TO ALCOIOLIC
BEVERAGES; AMENDING SECTION 4-10 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
REDUCING THE DISTANCE SEPARATION REQUIREMENTS
FOR IDENTICAL ALCOHOLIC BEVERAGE LICENSEES IN
COMBINATION RESIDENTIAL AND COMMERCIAL
DISTRICTS TO FIFTEEN HUNDRED (11500) FEET;
SUBJECT TO SIX MONTH REVIEW; 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 I. 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 and wine for
consumption on the premises as defined under the laws of the
State of Florida, in the central commercial district, as
I
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.
10777
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
f;fteen hundred 41,5.Q0)
feet from a place of business with a prior identical
alcoholic beverage license; further, that within said
district no certificate of use and/or occupancy shall be
issued to any applicant for consumption or sale of liquor
either on the premises or off the premises if the place of
business of said applicant is situated less than seven
hundred and fifty feet (750) from an established dissimilar
liquor licensee; said 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 hereinabove set forth shall not be applicable
between liquor and beer and wine licensees.
* * *n
Section 2. The provisions of this Ordinance shall be the
subject of review by the City Commission 6 months from its
effective date.
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.
-2-
f0777
I
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 is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City of
Miami.
Section 6. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four -fifths of the members of the Commission.
Section 7. This Ordinance shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 7th day of ptembe
ATT
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
)k VP 46
E. MAXWELL
CHTAF ASSISTANT C10TY ATTORNEY
APPROVED AS TO FORM
AND CORRECTNESS:
_ ~
JOR E _. . FERN DEZ
CITY ATTORNEY
JEM/db/M682
XAVIER L. 4UPJREZ,
, 1990.
-3- 10777
MATTY HIRAI
City Clerk
it of 'Miami
CESAR H. ODIO
ti s City Mangger
e at
Gqo fc0. RO�`Da
October 25, 1990
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 fallowing Ordinances
which amend the Code of the City of Miami, Florida:
10777 10789 10797 10798 10800
If I can be of any further assistance, please do not hesitate to
call
Very truly you S,
Valerie Greenwood
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065
V of A'al-not
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CESAR H. ODIO
City Manager
October 25, 1990
Mrs. Amy Terese Smith
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Smith:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10777 10789 10797 10798 10800
Please acknowledge receipt of same by affixing your signature to
he enclosed copy of this letter and return it to this office for
our files.
Thank you.
very truly yours,
MATTY HIRAI
City Clerk _
DEPUTY CITY CLERK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065
G�ZY Op �
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O P
q�f CO. FLOP�O
CESAR H. ODIO
City Manger
October 25, 1990
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
l`0777 10789 10797 10798 10800
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.
Very truly yours,
MATTY HIRAI
City Clerk
'�C� 9
BY:�v
DEPUTY CITY RK
RECEIVED BY:
DATE:
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Enc. a/s
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065
CITY OF MIAMI, FLORIDA
INTER-OFFICE MEMORANDUM
TO . DATE ;' j-=
Honorable Mayor and Members Ar t `+ , ') �. ,^ , r „ j(�
of the City Commission 3.
SUBJECT Emergency Ordinance - Code
Amendment - Alcoholic Beverage
Establishment Distance Separation
FROM REFERENCES . Requirements
Cesar H. Odi ENCLOSURES City Commission Agenda
City Manager September 7, 1990
It. is respectfully recommended that the Commission adopt the attached emergency
ordinance amending Section 4-10 of the City Code to reduce the distance separation
requirements for identical alcoholic beverage licensees to 1,500 feet (from 2,500
feet) throughout the City, outside the downtown area.
The Planning, Building and Zoning Department has presented proposed amendments to
distance separation requirements for alcoholic beverage establishments. At the
May 24th meeting, the Commission passed an amendment on first reading that reduced
the distance separation requirements between dissimilar establishments from 2,500
feet to 750 feet, which was adopted on second reading on June 28th.
During the discussion of related Item PZ-24 of the July 26, 1990 agenda, members
of the Commission stated that their votes on June 28th, were based on the
inclusion of a reduction of the distance between identical licensees to 1,500
feet, also, and requested that appropriate legislation be prepared.
This amendment is not applicable in the downtown area nor does it apply between
liquor licensees and beer and wine licensees.
cc: Planning and Zoning Division
Planning, Building & Zoning
Department
Law Department
107'77
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