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Home My WebLink AboutO-10688J-89-710 10/05/89 ORDINANCE NO. 010688 AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST OR ITS EXECUTIVE DIRECTOR TO PERMIT, WITH CERTAIN EXCEPTIONS, THE SALE OR DISPENSING OF ALCOHOLIC BEVERAGES, INCLUDING BEER AND WINE, IN SOFT CONTAINERS IN THE CLAUDE AND MILDRED PEPPER BAYFRONT PARK, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE STATE AND LOCAL REGULATIONS; MORE PARTICULARLY, BY CREATING A NEW CODE SECTION 38-49.2; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City Commission has expressed its intentions on numerous occasions to delegate, pursuant to local law, to the Bayfront Park Management Trust ("BPMT"), an agency and instrumentality of the City, the day-to-day routine direction, management and maintenance of Claude and Mildred Pepper Bayfront Park; and WHEREAS, it would facilitate the expedient arrangement and booking of special events, performances and bookings to have the BPMT, as well as the City Commission or the City Manager, allow the sale or dispensation of alcoholic beverages, including beer and wine, in soft containers, pursuant to certain standards and safeguards set forth herein and subject to other applicable laws; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 38, "Parks & Other City Property Generally," Article III, "Bayfront Park Management Trust," of the Code of the City of Miami, Florida, as amended, is hereby amended by the addition of a new section, Section 38-49.2, reading as follows: "Sec. 38-49.2 Authorization of the Bayfront Park Management Trust to allow the sale and/or dispensation of alcoholic beverages, including beer and wine, for special events, performances or programs. 0:10688 Notwithstanding any provision in the City Code to the contrary, the Bayfront Park Management Trust, or its executive director, on such special occasions and for such special events, performances or programs as deemed appropriate by said Trust, or its executive director, may permit, upon execution of an application/permit form and upon payment in full of the permit fee specified in City Code Section 38-49.1(g), the sale or dispensing of alcoholic beverages, including beer and wine, in soft containers in the Claude and Mildred Pepper Bayfront Park. There shall be no such permits issued in connection with a hard rock, rap, heavy metal, or other musical event of the type which requires extraordinary security measures. Such sales or dispensing of alcoholic beverages, including beer and wine, are subject to compliance with all applicable state and local laws, rules, regulations and with any special conditions set forth on the application/permit form." 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 days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 12th day of October , 1989. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this llth ATTEST: MATTY HIRAI CITY CLERK day of January 1.1990. XAVIER L. SUARCU MAYOR PREPARED AND APPROVED BY: G. IRIAM MAER CHIEF ASSISTANT CITY ATTORNEY GMM/yv/M514 APPROVED AS TO FORM AND CORRECTK&S$\. J JRGE01. ERNANDEZ C TY ATTORNEY 1 - 2- 010688 CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANDUM 4 7O ` J.L. Plummer DATE October 6, 1989 FILE: City Commissioner SUBJECT: Bayfront Park Management Trust - Sale of Alcoholic Beverages FROM: G. Miriam Maer REFERENCES; Chief Assistant City Attorney ENCLOSURES: i Enclosed you will find proposed ordinance amending Chapter 38, City of Miami Code, to authorize the Bayfront Park Management Trust or its executive director to permit the sale or dispensing of alcoholic beverages, including beer and wine, in Bayfront Park subject to compliance with all applicable state and local regulations. GMM/yv/M187 Encl. cc: Mayor Xavier L. Suarez Victor H. DeYurre, Vice -Mayor M. Athalie Range, City Commissioner Miller J. Dawkins, City Commissioner Cesar H. Odio, City Manager Aurelio Perez-Lugones, Legislative Admin. Ira M. Katz, Exec. Dir. , BPMT Osmundo Martinez, Chairman, BPMT CITY OF MIAMI, FLORIDA 9 INTER OFFICE MEMORANDUM, , , 'rrVyV L n TO J.L. Plummer DATE October 6, i9" ter; FILE City Commissioner FROM: G. Miriam Maer v"" Chief Assistant City Attorney SUBJECT Bayfront Park Management Trust - Sale of Alcoholic Beverages REFERENCES: ENCLOSURES. Enclosed you will find proposed ordinance amending Chapter 38, City of Miami Code, to authorize the Bayfront Park Management Trust or its executive director to permit the sale or dispensing of alcoholic beverages, including beer and wine, in Bayfront Park subject to compliance with all applicable state and local regulations. GMM/ yv /M18 7 Encl. cc: Mayor Xavier L. Suarez Victor H. DeYurre, Vice -Mayor M. Athalie Range, City Commissioner Miller J. Dawkins, City Commissioner Cesar H. Odio, City Manager Legislative Admin. Ira M. Katz, Exec. Dir.,, BPMT Osmundo Martinez, Chairman, BPMT q__/ All 0. r i ,,iiI'01> HI►;"11,fLi. 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 dolly (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 ORDINANCE NO. 10688 X X X In the ......................................... Court, was published in said newspaper In the Issues of Jan. 23, 1990 Afflant further says that the said Miami Review Is a news p�par published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as Lpilcation as mall matter at the post office In Miami In said y, Florida, for a period of one year next preceding Ilcatlon of the attached copy of advertisement; and er says that she has neither paid nor promised any or corporation any discount, rebate, commission or the purpose of securing this advertisement for In the old newspaper. �wor to crlbed before me this 23 90 e r�� No a ublic, I FI do at Large � C„9 My Comml loor �pf'ralrltivc9,J�90 it 0mv; .._.�- CITY OF MIAMI, FLORIDA LEGAL. NOTICE All Interested persons will takb Mks that on the 11th day of January, 1990, the City Commission of Miami, Florida, adopted they following titled ordinances: ORDINANCE NO.10887 AN EMERGENCY ORDINANCE, WITH` ATTACHMENT, ESTABLISHING A NEW SPECIAL REVENUE FUND ENTI• TLED: "MIAMI COMPREHENSIVE NEIGHBORHOOD PLAWLAND DEVELOPMENT REGULATIONS; FY80.90,' APPROPRIATING FUNDS FOR ITS OPERATION•IN THE AMOUNT OF $216,417 COMPOSED OF $216,417 FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;' AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS TO ASSIST THE 'CITY IN PREPARING OR. MODIFYING LOCAL LAND DEVELOP- MENT REGULATIONS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE THE NECESSARY AGREEMENT($), IN SUBSTANTIALLY.THE ATTACHED FORM, FOR THE ACCEPTANCE OF SAID . GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO.10688 AN ORDINANCE AMENDING CHAPTER 39 OF THE CODE OF THE CITY OF MIAMI; .FLORiDA, AS AMENDED, BY. AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST OR ITS EXECUTIVE. DIRECTOR TO PERMIT, WITH. CERTAIN EXCEPTIONS, THE SALE OR DISPENSING OF ALCOHOLIC BEVERAGES,: INCLUDING BEER AND WINEr . IN SOFT CONTAINERS IN THE.CLAUDE AND MILDRED PEPPER BAYFRONT PARK, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE STATE AND rLOCAL REGULATIONS; MORE PARTICULARLY, BY CREATING A . .,` NEW CODE SECTION 38.49.2; CONTAINING A REPEALER PROVISION AND A.SEVERABILITY CLAUSE. ORDINANCE NO.10889 AN ORDINANCE ESTABLISHING ANEW SPECIAL REVENUE FUND ENTITLED: "DADE COUNTY EMS GRANT AWARD (FY'89)”; APPROPRIATING FUNDS FOR THE OPERATION OF, SAME IN THE AMOUNT O,F'$283,997, CONSISTING OF A $283,997 GRANT APPORTIONED BY METROPOLITAN DADE COUNTY.F.ROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITA• TIVE SERVICES UNDER THE. "FLORiDA"EMERGENCY. MEDICAL SERVICES GRANT PROGRAM FOR.COUNTIES" AND FURTHER AUTHORIZING THE CITY MANAGER TO. - ACCEPT THE AFOREMENTIONED GRANT`AWARD AND ENTER INTO THE NECESSARY CONTRACT• ANDIOR AGREEMENT WITH THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES .ANDIOR METROPOLITAN DADE COUNTY;; CONTAINING A REPEALER PROVISION AND A SEVERABILITY,CLAUSE. ORDINANCE NO.10690 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO, 10642, THE CAPITAL. IMPROVEMENT APPROPRIA- TIONS ORDINANCE BY INCREASING THE TOTAL APPROPRIATIONS TO THE CAPITAL PROJECT ENTITLED "SOLID WASTE COLLECTION EQUIPMENT-FY'90-FY'91 PROJECT NO 353010 BY $750,000.00,.SAID ;AMOUNT. „ BEING AVAILABLE FROM THE CERTIFICATE OF PARTICIPATION,(C.O.P.); CONTAINING A REP ,EALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10891 AN ORDINANCE ESTABLISHING THE GOAL OF THE MIAMI CITY COMMISSION OF MAINTAINING THE SEP• TEMBER 30, 1989 FUND BALANCE OF THE GENERAL FUND IN AN AMOUNT WHICH COULD NOT BE -,LESS THAN $6,000,000 BUT COULD BE MORE DEPENDING ON THE FINAL ACCOUNTING STATEMENTFOR' FISCAL , YEAR ENDING SEPTEMBER 30, 1989 AND REQUIRING THAT A SEPARATE ACCOUNT BE ESTABLISHED' IN i WHICH SAID FUND BALANCE IS TO BE DEPOSITED ALONG WITH ANY INTEREST EARNED BY THE FUNDS IN THE ACCOUNT; FURTHER INCREASING FUTURE YEAWENDING FUND BALANCES IN THE ACCOUNT BY A MINIMUM OF $1,000,000 PER FISCAL YEAR FOR THE NEXT FOUR YEARS, WITH THE MINIMUM BALANCE IN THE ACCOUNT INCREASING -TO A MINIMUM OF $10,000,000BY THE END OF SUCH'TERM; FURTHER INSTRUCTING THE CITY MANAGER TO TAKE THE NECESSARY ACTIONS TO ACHIEVE SAID GOAL; FUR•, THER PROVIDING THAT THE SAID MONIES IN SAID ACCOUNT SHALL NOT BE THE SUBJECT OF APPRO PRIATIONS UNLESS THERE IS A FAVORABLE VOTE OF 415TH OF THE CITY COMMISSION; CONTAINING -A REPEALER PROVISION AND A SEVERABILITY CLAUSE:' 1 OF 2 ORDINANCE NO. 10692 �t Bata CITY 0 I ' Ml,' t A.. ORDINANCE NO.10698 IA�N AN ORDINANCE ESTABLISHING A NEW SPECIAL ORDINANCE AMENDING SECTION$1, 3, 4'AND60P REVENUE FUND ENTITLED: "DHRS NEW REFUGEE ORDINANCE NO, 10648, THE ANNUAL APPROPRIATIONS EMPLOYMENT AND TRAINING PROGRAM (FY'90)" FUR- ORDINANCE FOR FISCAL YEAR ENDING SEP.TEMBER THER AUTHORIZING THE CITY MANAGER TO ACCEPT 30, 19W. ADOPTED SEPTEMBER 28, 1989, BY CREATING A GRANT AWARD FROM THE DEPARTMENT OF HEALTH A NEW SECTION 2.1, DEBT SERVICE, FUND; FOR, THE -AND REHABILITATIVE SERVICES, IN THE:AMOUNT OF PURPOSE OF FORMALIZING CITY' COMMISSION 0.0,650 AND ENTER INTO THE NECESSARY CONTRACT ACTIONS AND IMPLEMENTING OTHER AMENDATORY i ANDIOR.AGREEMENT WITH THE SOUTH: FLORIDA CHANGES; CONTAINING A REPEALER PROVISION AND. EMPLOYMENT AND TRAINING CONSORTIUM; A SEVERABILITY CLAUSE. CONTAINING A REPEALER PROVISION AND A SEVER. ABILITY CLAUSE, ORDINANCE N0.10899 ORDINANCE NO, 10693 AN EMERGENCY ORDINANCE AMENDING SECTION 1 AN ORDINANCE AMENDING CHAPTER 6bi ARTICLE VL ' OF ORDINANCE NO. 10642, AS AMENDED, THE CAPI, TAL IMPROVEMENT APPROPRIATIONS ORDINANCE BY ESTABLISHING A NEW CAPITAL IMPROVEMENT. ENTITLED ','SIDEWALK CAFES", OF THE CODE OF THE PROJECT ENTITLED "CITY-WIDE TELEPHONE SYSTEM", CITY OF MIAMI, FLORIDA, AS AMENDED, BY MAKING PROJECT NUMBER 311021 IN THE TOTAL AMOUNT OF THE FOLLOWING MODIFICATIONS; EXPANDING THE $1,339,900.00; CONTAINING A REPEALER PROVISION. 6RICKELL AREA CAFE ZONE; FURTHER, IN REGARD AND A SEVERABILITY CLAUSE. TO SUCH ZONES GENERALLY. BY REVISING THE PERMIT :FEE,, MAKINGCORRECTION TO THE STANDARDS AND ORDINANCE NO.10700 CRITERIA; ADDING A RESTRICTION. AGAINST THE GEN• ERATION OF LORD NOISE AS A FORM AND CONDITION AN ORDINANCE AMENDING: ORDINANCE 10544, OF THE PERMIT;- PROVIDING FOR A TEMPORARY SUB- ,AS AMENDED THE MIAMI COMPREHENSIVE NEIGHBOR PENSION OF A'PERMIT'FOR CAUSE;..REINSTATEMENT OF A SUSPENDED OR REVOKED PERMIT BY THE DIREC- TOR OF PUBLIC WORKS UNDER SPECIFIC CONDITIONS; AND ESTABLISHING A'; MINIMUM TIME PERIOD FOR REAPPLICATION AFTER REVOCATION; MORE PARTICULARLY BY AMENDING SECTIONS 54.109, 54.111, 54.114, 54.116, 54.117.AND 54.118; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO.10094 AN, ORDINANCE AMENDING SECTION 38-8OFTHE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY INCREASING EXISTING RATES FOR THE USE OF DES. IGNATED AREAS AT THE. MANUEL ARTIME COMMUNITY CENTER; ESTABLISHING RATES FOR'THE USE OF THE MINI•PLAZA'AND MINI•PARK,AND AUTHORIZING APPROVAL OF SPECIAL RATES AND FEE WAIVERS BY THE CITY COMMISSION AT SAID, CENTER FACILITIES; REVISING THE INSURANCE :REOUIREMENTS; RENAMING THE LARGE AUDITORIUM OF BUILDING "A" AS THE MANUELARTIME PERFORMING ARTS CENTER; CONTAININGA REPEALER. PROVISION AND A SEVER - ABILITY CLAUSE:' ORDINANCE NO.10695 AN ORDINANCE' AMENDING SECTION 53.151 OF THE CODE OF THE CITY -OF MIAMI, FLORIDA, AS AMENDED, WHICH PERTAINS TO PROCEDURES AND USER FEES AT THE COCONUT GROVE EXHIBITION CENTER BY CHANGING: FEES WHICH;ARE DETERMINED BY THE TYPE: OF EVENT BEING HELD; CONTAINING A REPEALER PROVISIOWAND'A SEVERABILITY CLAUSE. ORDINANCE NO..10696 AN ORDINANCE AMENDING. SECTION 37.71 OF.THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OPEN AND VACANT STRUCTURES," BY PROVIDING FOR ACCEPTABLE METHODS OF SECUR- ING AND SEALING VACANT STRUCTURES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10697 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 10619, ADOPTED JULY 27, 1989, BY INCREASING THE APPROPRIATION TO THE SPECIAL REVENUE FUND ENTITLED "JTPA TITLE IIOLDER WORKER (FY'90)" BY $8,300, THEREBY INCREASING: THE APPROPRIATION FOR SAID SPECIAL REVENUE FUND TO. $18,675; ALSO INCREASING THE APPROPRIATION TO THE SPECIAL REVENUE FUND ENTITLED "JTPA TITLE IIA/NEIGHBOR• HOODS JOBS PROGRAM (FY'90)" BY $42,321, THEREBY INCREASING THE APPROPRIATION FOR SAID SPECIAL REVENUE, FUND TO $366,834 FOR THE OPERATION OF THE NEIGHBORHOODS JOBS PROGRAM: HOOD PLAN 1989.2000, BY AMENDING THE DEFINITION OF THE LAND USE ELEMENT TO REFINE THE DEFINI- TIONS OF RESIDENTIAL, OFFICE, AND INDUSTRIAL; AND AMENDING THE HOUSING ELEMENT OBJECTIVE 1.3 AND POLICY 1.3.4 AND DELETING POLICY,_1.3.5:1T, PERTAINS TO COMMUNITY BASED RESIDENTIAL FACIE' (TIES, ADULT CONGREGATE LIVING FACILITIES, FAM- ILY HOMES AND FAMILY GROUPANDGROUP HOMES; AND CORRECTING SCRIVENER'S ERROR; INSTRUCTING' THE CITY CLERK TO TRANSMIT THIS ORbINANCE:TO- THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; CONTAINING A REPEALER PROVISION SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 10701 AN ORDINANCE WITH ATTACHMENT, AMENDING ORDINANCE 10544, AS AMENDED, THE MIAMI COMPRE- HENSIVE NEIGHBORHOOD PLAN 1989.2000, DRAINAGE' SUB -ELEMENT, POLICY NO. 2.1.3, BY SPECIFYING WHICH STORM SEWERS IN THE CITY WILL BE DESIGNED FOR A ONE -IN -FIVE-YEAR EVENT:AND ' ESTABLISHING A SPECIFIC LEVEL OF SERVICE ;(LOS) STANDARD FOR THE REMAINDER OF THE STORM SEW- ERS; COASTAL MANAGEMENT SUB -ELEMENT, POLICY 4.1.2, DEFINING AND DESIGNATING THE COASTAL HIGH - HAZARD AREA WITHIN THE CITY OF MIAMI; AND ADOPTING CONSISTENT LEVEL OF SERVICE STAND- ARDS IN BOTH THE DRAINAGE SUB -ELEMENT AND POLICY NO. 1.2.3(4) OF THE CAPITAL IMPROVEMENTS ELEMENT; DIRECTING TRANSMISSION TO THE DEPARTMENT OF COMMUNITY AFFAIRS; CONTAINING A REPEALER PROVISION SEVERABILITY CLAUSE AND EFFECTIVE DATE. Said ordinances may be Inspected by thepubiic at the Office of the City Clerk, 3500 Pan .Arrerican'Drive, Miami,_ Florlde,'Monday through Friday,excluding; holidays, between the hours of'S.,00 a.m. and 5:00 p.m. (6251) .' MATTY.HIRAI o --, CITY CLERK 11237. 'N „, MIAMI FLORIDA 90 4-012391 M 2 OF 2