HomeMy WebLinkAboutO-10772J-90-364
7/26/90
t"0777
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
1077,2
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
Saturday$, from 7:00 a.m. to 10:00 p.m.; Sundays no
hours
,rovidin
,.. - ��_
-
-
urther
-
that these
r- -sty_
shall
� �•
be-eyteTded
�- -
-Qi
-
Plirs
during
the
month
of December
until 10:00
p.m.
Section 4-9. Violation of state law.
It is intgnded that the provisions of this chaster 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
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.
10772
-2-
as if the provisions of such laws were fully set forth
herein.
Section 4-11. Same -From residential districts.
No license certificates of use and/or occupancy shall be
issued to any applicant for the sale of liquor and/or beer
and wine for consumption on the premises sheill be permit:
there 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 and/or occupancy shall be
issued to any applicant for the sale of liquor to be
consumed either upon the premises or off the premises gd,or
for the sale of beer and wine to be consumed on the premises
sheki:: be iss ed in the central commercial district to —any
person, firm or , where the proposed place of
business of the applicant 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 -a the proposed place of business of the applicant
-� ...Mir
On OT off the premises 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.
-3- 10772
M-1
0
No dense certificate of use and/or occupancy shall be
issued to any applicant for the sale of liquor to be
consumed either upon the premises or off the premises And�or
for the sale of beer and wine to be consumed on the premises
shall be isou in the combination residential and
commercial district to any person, firm or corpwrabiwil where
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 tr the proposed
place of business of the applicant
sell: liquor f0r eonstmptiwn eibher wit or off the premises
aualifies 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.
* it
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 sha l 1 hnnnm= of fcr+t- i crc +h; ,»4
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 28th day of
June , 1990.
10772
-4-
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
.his 26th day of July 1990.
XAVIER L. SUA EZ, MAY
ATTEST
MATTY TRRAI
CITY CLERK
PREPARED AND APPROVED BY:
JO E. MAXWELL
F ASSISTANT CITY TTORNEY
PROVED AS TO FORM AND CORRECTNESS:
f
JO GE L. FER ANDEZ
CITY ATTORNE
JEM/db/M628
10172
-5-
A
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members °ATE A I FILE
of the City Commission MAY 16 19g0
SUBJECT: Ordinance: City Code Amendment:
Package Liquor Stores --
Sunday Opening
FROM : REFERENCES
Cesar H. Od Agenda Item; City Commission
City Manager ENCLOSURES : Meeting of May 24, 1990
It is respectfully requested that the Commission aggrove 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.
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 Commission 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 (Sunday
openings of adjacent municipalities are shown in Attachment Bferiod.
.
This amendment would allow package liquor stores to remain open on Sundays
year-round during the hours of 10:00 a.m. to 6:00 p.m.; on Sundays in December
during the hours of 10:00 a.m. to 10:00 p.m., and to remain open until
midnight on Christmas Eve and New Year's Eve. (Package liquor stores now
close at 10:00 p.m. on weekdays).
Clarifying amendments are recommended for Sections 4-9, 4-10, 4-12 and 4-13 by
stating that "certificate of use and/w occupancy" are at issue, not "licenses"
and clarifying other points of accepted practice.
10772
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
Page 2 of 2
10 772
9
JUNTADS GOBIZXN0
1'9M IM1
PRESIDDE HONOR
Harscia Agaiars
Hamel BAIado
Lub sabinaa
VIC&PRESMENTES
MVWio N"os
WMIAm Alaarandsr
Antbo®y C. Rives
Adalvarta Bah
Mario Peetasbt .
A. Armando Alejandro
Mario O. Gutifrraa
SECRETARIO
Manuel V"a
VICE.SECRETARIOS
Elmer Leyva
VhTIW P&M
TESORERO
Orlando Narsajo
VICE-TESORIMOS
Auld FTWUUM
Jorge xhwy
DIRECTOR DE RELACIONE3
EXTERIORES
Jay Rodrigues
VICE.DIRECTORES
REIACIONES EXTERIORE.9
J0e6 Ellas Bono
Horaeio B. Garda
DIREC MRES
Feroando Rodrigues
Hamel Radr:goes
Eusto (Tito) Risrs Gbma
Fausta Dias Oliver
Maria E. Toraft
Carta M. Do La Cruz Jr.
Marra Trindset.Martin-
Roberto M. Rodrigues
Borgia Campus
Augueto IL LsdHma
Rafasi A. Cailej
Fra
sdahck V. Perry
Miguel Baldnds
CAMA.R.ADE COMERCIO DATINADE LGS JESTADOS UNIDO:
Latin Chamber of Commer% f'&S A.
April 9, 1990
Mr. Sergio Rodriquez
Assistant City Manager
City of Miami
3300 Pan American or.
Miami, F1 33133
Dear Mr. Rodriquez:
/0. SJ*
As you are aware, annually, on the month of
November, CMACOL appears before the Board of City
Commissioners to request a permit to open Liquor
stores in the vicinity of the City of Miami, on
Sundays during the month of December.
We have received a large amount of requests from
Liquor store owners concerning the discrimination
imposed on them by the existing situation. The
municipalities that are adjacent to the City of
Miami are able to operate, free from such
restrictions, and therefore keep their Liquor Store
open seven days a week, all year round.
We would like to provide the entrepreneurs, within
the City of Miami, with an opportunity to compete
with their counterparts outside the City limits.
The proposition is for a one year trial period in
which the Liquor stores within the City of Miami
could remain open on Sundays.
We feel that this is a fair request and hope that
you will be able is eooperate and help us with this
proposal. Your cosidd=tion on this matter will be
greatly appreciat#d'
Ricardo Arrodo Sinc ely,
Alberto Caul ,
Rafael Garcia - Toledo
E7G"MMENTES
Eliaao Ales Gdmas
GIUMM Abney" Luis S ines
Manuel
� President
Eloy B. Gonzalez
ASESOR HIPOTECARIO
Abel Halts
ASESOR ECONOUICO
Carts J. Arboiays
ASESORES LEGALES Ls/if
Pa&* Ramin LbPe=
Ludaoo late
Mayra Trlacirat•Mardnes
ZeliaX
Secretary
ASESOR R..P[JBLICA9 MA LZ4G ADDRESS: P.O.BOX 350824. NUAMI.FLA.33135
Joan M. Frer:as MAIN OFFICE: 1417 W. FL.AGLER ST..NQAMI, FLA. 33135
PHONE (305) 642-3870wrELEX: 153601 CAMACOL. FAX: (305) 642-0653
10772
ATTACHMENT A
EXCERPT -METROPOLITAN DADE COUNTY CODE
133.151 ZONWG 133.131 -
Sea 33-151. Hours and days of sale.
No alcoholic beverages shall be sold or served within the
unincorporated areas of Dade County except at such hours
and on such days and by such vendors as set forth below.
(a) Establishments for pacAwgue sales only. Vendors
holding a license from the state beverage department
for the sale of alcoholic beverages for consumption off
the premises only. shall make no sale of alcoholic
beverages on Sundays, and shall make no sale of
alcoholic beverages during week days except between
the hours of 8::00 a.m. and 10:00 p.m.: provided.
however. that vendors operating stores primarily for
the sale of products other than alcoholic beverages
(excepting such stores as are nonconforming under the
zoning regulations) may make sales of beer in sealed
containers for consumption off the premises during
such hours as their stores legally retrain open for the
sale
of other goods: provided further. however. that noth-
ing in the foregoing proviso shall be deemed to modify
any of the provisions of the zoning regulations as here-
tofore or hereafter adopted. Vendors in bait and tackle
installations and camp grounds holding state license
from the beverage department for the sale of beer in
seated containers. for consumption off the premise&
shall make no sale of beverages except between the
hours of 5:00 a.m. and 7:00 p.m.
(m) Package sales on Christmas Eue and New Year's Eue and
on Sundays during the month of December. All vendors in
the unincorporated areas of Dade County holding valid.
current licenses from the state beverage department for
the sale- of alcoholic beverages for consumption off the
premises (establishments for package sales only) may make
sales and keep their places of business open until 12:00
midnight on Christmas Eve (December 24th) and New
Year's Eve (December 31st). and between the hours of
8:00 a.m and 10.00 p.m. on Sundays during the month of
December. the provisions of subsection tai of this section to
the contrary notwithstanding..
10772
2
ATTACHMENT B
PACXAGE LIQUOR STORES: HOURS OF OPERATION ON SUNDAYS
Municipality/County Hours a Operat on: Sundays
Miami Prohibited
Dade County Prohibited, except S a.m. - 10 P.M.
on Sundays in December (only) and
on Christmas Eve and New Year's Eve
until midnight.
Coral Gables Prohibited
Hest Miami 1-9 P.M.
South Miami 11 a.m. - 6 p.m.
Miami Beach 8 a.m. - 6 p.m. (unrestricted)
10772
5
��
Submit-,,.d into the public
To: The Mayor and Commissioners of the City
We urge you to cast a negative vote against
the Sunday "blue lams" relating to the sale
Sunday.
record in connection with
itenn-°ZL- on a P 4
Ifi
of Miami Matty rai
City Clerk
any request to further relax
of alcoholic beverages on
As our elected representative, we hope you will listen to the voices of
your constituents.
Name Printed Address Signature
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Sui << ,�nto the pudic
record in connection with
item_., L -2 on S Iqc)
To: The Mayor and Commissioners of the City of Miami
Matty Hirai.
City Clerk
We urge you to cast a negative vote against any request to further relax
the Sunday "blue laws" relating to the sale of alcoholic beverages on
Sunday.
As our elected representative, we hope you will listen to the voices of
your constituents.
Name Printed Address Signature
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To: The Mayor and Commissioners of the City of
Submi(ted into the public
record in connection with
item P on (.,2 gl o
Miami Matty Hirai
City Clerk
We urge you to cast a negative vote against any request to further relax
the Sunday "blue laws" relating to the sale of alcoholic beverages on
Sunday.
As our elected representative, we hope you will listen to the voices of
your constituents.
Name Printed Address Signature
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1077
Sub. .fitted into the public
record in connection with
item PZ - )-u on
To: The Mayor and Commissioners of the City of Miami
Matty Hirai.
City Clerk
We urge you to cast a negative vote against any request to further relax
the Sunday "blue laws" relating to the sale of alcoholic beverages on
Sunday.
As our elected representative, we hope you will listen to the voices of
your constituents.
Name Printed Address Signatur_-
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107"7
Subwitted into the public
To: The Mayor and Commissioners of the City of
We urge you to cast a negative vote against any
the Sunday "blue lave" relating to the sale of
Sunday.
record in connection with
item Q7- -)-Lion b)- g q (, .
Miami
Matty Hirai
City Clerk
request to further relax
alcoholic beverages on
As our elected representative, we hope you will listen to the voices of
your constituents.
Name Printed Address Signature
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an _ �sow,°`_s-ash
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To % The Mayor and Comm`"'pioners of the City of Miami's
We urge you to cast a negative vote against any request to further relax
the Sunday "blue laws" relating to the sale of alcoholic beverages on
Sunday. Submitted into the public
nId
As our elected representative, weXAiy gnlIM@Vnht.he voices of
your constituents. item QZ" on , �O /� .
Matty Hirai
Name Printed Address CitySTq@sgjkure
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To: The Mayor and Comm "iionere of the City of Miami
We urge you to cast a negative vote against any request to further relax
the Sunday "blue laws" relating t he,sal of al oholic beverages on i
Sunday. �u mitte� nto tie public
As our elected representative, we �Fiape�you �ir�1n Q---Rh �1t`the voices of
your constituents. item f z - � on � aO a
Matty Hirai
Name Printed _ __-- _ _AddressCityS(Wegkure
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To: The Mayor and Comm `aionere of the City of Miami
We urge you to cast a negative vote against any request to further relax
the Sunday "blue laws" relating to the sale of alcoholic beverages on
Sunday. Submitted into the public
As our elected representative, C000 A 4atirOWq$QCI$q4e ►W# the voices of
your constituents. item, Pon b ��,.
Malty Hirai
Name Printed Address City (21@f*ture
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1077 leg
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To: The Mayor and Commissioners of the City of Miami
We urge you to cast a negative vote against any request to further relax
the Sunday "blue laws" relating t the sa].e,o a oholi Oeverages on
Sunday. SU,DlnitteCl into le pA iC
As our elected representative, w%* #IuCQR'Ie. A'PA Vdtbhe voices of
your constituents.
Name Printed
item P 2 -,�., on J
Address
Mat Luaiare
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10772
7,
"bmitteA into the publio
record in connection with
item P 2 - u on a2 glf�o_
To: The Mayor and Commissioners of the City of Miami
We urge you to cast a negative vote against any request to further relax
the Sunday "blue laws" relating to the sale of alcoholic beverages on
Sunday.
As our elected representative, we hope you will listen to the voices of
your constituents.
Name Printed
Signature
Address
------------------------------
DY -5 7:
el
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ff
Matty Hirai
City Clerk
1077
91
oft-.
ubmi
.tted into the public
record in connection with
item P2 - ),LA_on&Lag6.
To: The Mayor and Commissioners of the City of Miami Matty Hirai
City Clerk
We urge you to cast a negative vote against any request to further relax
the Sunday "blue laws" relating to the sale of alcoholic beverages on
Sunday.
As our elected representative, we hope you will listen to the voices of
your constituents.
Name Printed Address Signature
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10112
MI
L-bmitted into the public
To: The Mayor and Commissioners of the City of Miami
record in connection with
item !� on _6 12 o
Matte Hira'
City Clerk
We urge you to cast a negative vote against any request to further relax
the Sunday "blue laws" relating to the sale of alcoholic beverages on
Sunday.
As our elected representative, we hope you will listen to the voices of
your constituents.
Name Printed
Address
Signature
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To: The Mayor and Commissioners of the City of Miami
9 mitted into the public
record in connection with
item on � $ cj0
Matty Hirai
City Clerk
We urge you to cast a negative vote against any request to further relax
the Sunday "blue laws" relating to the sale of alcoholic beverages on
Sunday.
As our elected representative, we hope you will listen to the voices of
your constituents.
Name Printed Address Signature
---------------
------------
1117
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(36
,"Nbmitted into the public
record in connection with
items on
To: The Mayor and Commissioners of the City of Miami
We urge you to cast a negative vote against any request to further relax
the Sunday "blue laws" relating to the sale of alcoholic beverages on
Sunday.
As our elected representative, we hope you will listen to the voices of
your constituents.
Name Printed
Address
Signature
Matty Hirai
City Clerk
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3vs j
10772
.4
W
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
Sookie Williams, 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 MIAMI, FLORIDA
LEGAL NOTICE
Ordinance No. 10772
In the ........... X..:K..X..................... Court,
was published In sold newspaper In the Issues of
August 17, 1990
Afflant further says that the said Miami Review Is a
gpaper publishad at Miami In sold Dade County, Florida,
at tha sold newspaper has heretofore been continuously
Ishad In said Dade County, Florida each day (except
May, Sunday and Legal Holidays) and has been entered as
nd class malt matter at the post office In Miami In said
P. County, Florida, for a period of one year next preceding
(u ner says that she has neither paid nor promised any
or corporation any discount, rebate, commission
fjlose o1 securing this advertisement for
nnewspaper.......` ...... ....
Swor*„taaad,rubecrlbsd before me this
lay
»
,pq,� +
90
....... day of ....... A►tl`9t L. i, .. , A.D. 19...... .
(SEAL)
or
"OFFICIAL NOTARY SEAL"
CHERYL H. MARMER
MY COMM. EXP. 4i12/-a
RECEIVED
I990 AUG 21 PM 37- 2 2
14ATTY HIRAI
CITY CLERK(
CIT if OF MIAMI, FLA.
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