The URL can be used to link to this page

Home My WebLink AboutM-88-0560loner P. Aa took Mark 1. Aronson Charier M. Arwlander Brim Belt wiQlom /. Berger Paw Berorotts Irwin /. Block Michell A. Bloomberg Gary S. Brooks Anthony 1. Carrtuolo Merlt % I. W. Ceserarw Gorr 1. Cohen Bruor lay Colaw Ira I. Coleman Andrew DeGrafjsnrsdt Iu Albon E. Down, Jr. Lawrence H. Eaker, Jr. K. M. Emm Arthur /. England. Jr. Terry B. Fein G. 1. Femendet-Quowmer Martin Fine Erie B. Grarwpn Jorgr L. Guerra IV~ C. Cutter Gmld T. Hefjsnwn Stephan /. Holfetan Burt S. HeQman Sank Bart Herew Stuart K. Bofjmen HAND DELIVERY Schwartz Nash One CenTrust Financial Center- 100 Southeast 2nd Street :Miami, Florida 33131 Telephone (305) 577 -4000 Teleaopter (305) 577-4088 Cable FLORIDALAW Teler 522726 Commissioner Miller Daw C_t" _ "_Z:.I 71-00 ran toneri:—n 'rive Dinner Key, FL 33133 Benwrd laeobrvn ` iBoftw A Ann 1. Koff Steven A!. Kknartm Peter A. Lakrttt HemV Latimer Garr D. Limm Paul A. Liman Carer N. Mrpotoeu Charles E. Miner If Martin 1. Nash Edamdo Palmer wMiam lay Palmer Northwest 2nd Avenue Barbecue/Lounge For Officer Donaldson and Janice Hall oWoe B. Parker Rebekah 1. Parton Stanky B. Prue R. Barbara Resler Thomas Ruffin III Andrew L. Sahme Benlamen S. Schwartz laeph H. Servos Stuart L. Simon Lyrm D. Solomon Joseph G. Stover Lynn C. warhNRwrt RkAard /ay Wets Lida Ann We& IuUs A. S. Wiaiaauan On January 26, 1988 I met in your offices with you, Officer Dave Donaldson and Ms. Janice Hall regarding a restaurant and lounge which they wish to operate on the property located at 202 N.W. 20th Terrace. We discussed the fact that they had completed construction of their facility and that the City's Building Department had revoked their building permit and they could not obtain a certificate of occupancy because the facility is located too close to another liquor facility and less than one thousand feet (1,000) from a public school. At your suggestion I met with Lucia Dougherty, and Joel Maxwell who have advised me that the only resolution to this problem is an amendment to the City's Code to provide for an exception to the alcoholic beverage spacing requirements. Joel and I have prepared two proposed ordinances which would ultimately provide the framework for Officer Donaldson and Ms. Hall to apply to the Commission for approval to operate their facility. I would greatly appreciate it if you would kindly take the necessary steps to have these ordinances (copies of which are enclosed) placed on an appropriate Commission Agenda and advise me when the matter will be taken uD. Ft. Lauderdale Office 750 Southeast 3rd Avenue Ft. Lauderdale, Florida 33316 Telephone (3015) 462-2800 Telecopter (305) 462-4503 Cable FOR TLAW k crn or--j SS-56G A4 Commissioner Miller Dawkins March Ili 1988 Page 2 I appreciate all your efforts and l am available to discuss this matter with you at your convenience. Sincerely, /w I1 EC Step en J. Helfman SJF:: - n — encl. cc: officer Dave Donaldson Janice Hall SS-56 G i AN ORDINANCE AMENDING CHAPTER a, SECTION 4-10, OF THE CODE OF THE CITY OF MIAMI, FLORIDA BY, BY REDUCING FROM TWO THOUSAND FIVE HUNDRED f2.500) FEET TO TWO THOUSAND (2,000) FEET OF AN ESTABLISHED LICENSEE THE DISTANCE SEPARATION REQUIREMENTS FOR ESTABLISHMENTS FOR CONSUMPTION OR SALE OF LIQUOR ON OR OFF THE PREMISES IN DISTRICTS DESIGNATED AS COMBINATION RESIDENTIAL AND COMMERCIAL, SUBJECT TO CITY COMMISSION APPROVAL UPON A SHOWING BY THE APPLICANT THAT THE PROPOSED ESTABLISHMENT WILL NOT BE DETRIMENTAL TO THE SURROUNDING COMMUNITY AND WILL OTHERWISE BE COMPATIBLE WITH THE SURROUNDING LAND USES. respects: 1 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 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 traffic; and provided further, that no license or licenses shall be issued to any applicant for a license for consumption or sale of liquor on the premises or off 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 two thousand five hundred (20500) [feet) from an Words and/or figures stricken through shall be deleted. Underscored words constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Asterisks denote omitted and unchanged material. 0 established licensee, said two thousand five hundred (2,500) feet 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 traffic. Notwithstanding the foreaoina, such establishments rnav be cermitted within two thousand (2,000) feet of an established licensee in a district riesionated as comnination residential and commercial district if approval is aranted by -ne Citv Commission, by resolution, upon a showing by =he applicant that the proposed estaelisnment will not be detrimental to the surroundina community and will be otherwise comoatitle with the surrounding land uses. The restrictions hereinabove set forth shall not be applicable between liquor and beer and wine licensees." 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 section, paragraph, clause, phrase or word of this ordinance is declared invalid, the r►u_:.:r.� prov�sicr,s of this ordinance shall not be affected. PASSED ON FIRST READING BY TITLE ONLY this day of 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1988• ATTEST: MATTY HIRAI City Clerk REVIEWED,AND APPROVED BY: JOEL E. MAXWELL Assistant City Attorney JEM/K/db - 2 - XAVIER L. SUAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY City Attorney 9S-5fi() y 3/16/88 DRAFT # 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4-13 OF THE CODE OF THE CITY OF MIAMI. FLORIDA. -Y REDUCING THE DISTANCE SEPARATION REQUIREMENTS FOR ESTABLISHMENTS FOR CONSUMPTION OR SALE OF LIQUOR ON THE PREMISES OR 'OFF THE PREMISES OR FOR THE SALE OF BEER AND WINE TO QE CONSUMED ON THE PREMISES IN DISTRICTS DESIGNATED AS COMBINATION RESIDENTIAL AND COMMERCIAL DISTRICTS BY ALLOWING SUCH SALES BETWEEN ONE THOUSAND (1,000) FEET AND FIVE HUNDRED (500) FEET OF A PUBLIC SCHOOL SUBJECT TO APPROVAL BY THE CITY COMMISSION BY RESOLUTION UPON A SHOWING BY THE APPLICANT THAT THE PROPOSED ESTABLISHMENT WILL NOT BE DETRIMENTAL TO THE SURROUNDING COMMUNITY AND SCHOOLS AND WILL BE OTHERWISE COMPATIBLE WITH THE SURROUNDING LAND USES. NOW THEREFORE BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 4-13 of Chapter 4 of the City Code is hereby amended in the following respects:l "CHAPTER 4 ALCOHOLIC BEVERAGES ARTICLE I. In General Sec. 4-13. Same -From churches and public schools in combination residential -commercial districts. No license for sale of liquor to be consumed either upon the premises or off the premises or for the sale of beer and wine to be consumed on the premises shall be issued in the combination residential and commercial district to any person, firm or corporation, 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 place of business applying for a license to sell liquor for consumption either on or off the premises 'qualifies,' shall be by measurement made or taken from the main 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. 1 Words and/or figures stricken through shall be deleted. Underscored words constitute the amendment proposed. Remaining provisions are now in effect and remain' unchanged. Asterisks denote omitted and unchanged material. gs_SEA(? 5 .I*t Notwithstanding the foreaoina,_such Pstablishments may, be permitted between five hundred (500) feet and one thousand (1,000) feet of a public 4chool_._if approval is granted by the ritv Commission, by resolution, noon a showing by the -ioDlicant that she proposed establishment will not be detrimental to the surrounding community or schools and will be otherwise compatible with the surrounding land uses.' 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 sections paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. PASSED ON FIRST READING BY TITLE ONLY this day of , 1988. cr►�o.'".D -i4D ADUPTE:. Vie-'—FCCND AND FINAL READING SY TITLE ONLY this day of ATTEST: MATTY HIRAI City Clerk REVIEWED AND APPROVED BY: JOEL E. MAXWELL Assistant City Attorney JEM/K/db — 2 — 1988. XAVI.ER L. SUAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY City Attorney Rs -sic