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HomeMy WebLinkAboutO-14256City of Miami Ordinance 14256 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14903 Final Action Date: 2/8/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES," AND CHAPTER 36 OF THE CITY CODE, TITLED "NOISE," TO PROVIDE FOR CITY COMMISSION AUTHORITY TO WAIVE CERTAIN RESTRICTIONS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King WHEREAS, in 2018 the City Commission passed Ordinance 13734 revamping the City of Miami, Florida ("City") alcoholic beverage sales and consumption laws in Chapter 4 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, in that amendment, City Commission authority to waive the time for alcohol sales for special occasion was restricted; and WHEREAS, this restriction has had an impact of community special events, especially during the holiday season and for large international events that come to the City and surrounding communities on a yearly basis; and WHEREAS, in 2020, the City Commission passed Ordinance 13941 that amended, in part, Section 36-4(b) of the City Code and removed its authority to waive restrictions for special occasions from this subsection; and WHEREAS, in 2023, the City Commission extended a noise pilot program, through January 26, 2024, for NRD-1 District, which is in the Wynwood area of the City for Section 36- 4(e) and 36-5(d) of the City Code and does not provide for any waiver as well; and WHEREAS, this restriction has had an impact of community special events, especially during the holiday season and for large international events that come to the City and surrounding communities on a yearly basis; and WHEREAS, in order to balance the interests of the City is having international and local events that are beneficial to our community while maintaining quality of life for our residents, it is important to allow the City Commission to hear waiver requests and make a determination regarding their appropriateness; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. City of Miami Page 1 of 7 File ID: 14903 (Revision:) Printed On: 2/20/2024 File ID: 14903 Enactment Number: 14256 Section 2. Chapter 4 of the City Code is amended in the follow particulars:1 "CHAPTER 4 ALCOHOLIC BEVERAGES * Sec. 4-3. Hours during which sales are allowed; permits and public hearing required. (a) It shall be unlawful to Sell, serve, offer to Sell, allow to consume, or deliver any Alcoholic Beverage to any person, except during the following hours: Establishment Type Hours of Operation Notes Alcohol Service Establishment Mon — Sat: 11:00 a.m. — 3:00 a.m. Sun: 12:00 noon — 3:00 a.m. Nightclub: 7:00 p.m. — 3:00 a.m. Extension of hours to 5:00 a.m. allowed by Exception as outlined in Section 4-7. Extension of hours to 5:00 a.m. allowed by Right if located within the UCBD, Omni CRA, Central Design District, or Southeast Overtown/Park West CRA. Consumption on premises. Bottle Club Mon — Sun: 11:00 a.m. — 3:00 a.m. Consumption on premises. Liquor Package Store Mon — Sat: 9:00 a.m. — 12:00 midnight. Sun: 9:00 a.m. — 7:00 p.m. Hours automatically extended to 10:00 p.m. on Sundays in December. Consumption off premises. Convenience Store Mon — Sun: 11:00 a.m. — 10:00 p.m. Convenience Stores with a gross floor area that exceeds 10,000 square feet and/or that are Ancillary Uses to the sale of gasoline may sell beer or wine in sealed containers for consumption off the premises during such hours as the stores legally remain open for the sale of other goods. Consumption off premises. 1 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. City of Miami Page 2 of 7 File ID: 14903 (Revision:) Printed on: 2/20/2024 File ID: 14903 Enactment Number: 14256 Lodging (Ancillary Use) Mon — Sun: 7:00 a.m. — 3:00 a.m. Consumption on premises. Private Club Mon — Sun: 7:00 a.m. — 3:00 a.m. Consumption on premises. Restaurant Mon — Sun: 7:00 a.m. — 3:00 a.m. Consumption on premises. Cafe Mon — Sun: 11:00 a.m. — 10:00 p.m. Consumption on premises. Other Establishments Mon — Sun: 7:00 a.m. — 3:00 a.m. Consumption on premises. *Closing hours may be modified by Sections 4-5 and 4-6 of this Chapter. (b) The City Commission may extend the hours of sale for any Alcohol Service Establishment for consumption on or off the premises on special occasions. The City Manager shall have the authority to waive, until 12:00 a.m., alcohol consumption for events held in establishments or on private property where such consumption is required to end prior to and those same events shall have the ability to seek waiver from the City Commission, by resolution, until 3:00 a.m. (c) In the Coconut Grove Central Commercial District, the hours of sale for Alcoholic Service Establishments are weekdays, including Saturday, from 11:00 a.m. to 3:00 a.m. on the following day and on Sunday, from 12:00 noon to 3:00 a.m. on the following day. The boundaries for the Coconut Grove Central Commercial District are set forth in Exhibit "P." *„ Section 3. Chapter 36 of the City Code is amended in the follow particulars:1 "CHAPTER 36 NOISE Sec. 36-4. Operation of radios, phonographs, or other sound -making devices; bands, orchestras, and musicians —Generally; exemption. (a) It shall be unlawful for any person owning, occupying or having charge of any building or premises or any part thereof, in the city, at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual noises in the operation of any radio, phonograph or other mechanical sound -making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra, musician or group of musicians, where the noise or music is plainly audible at a distance of 100 feet from the building, structure, vehicle or premises in which or from which it is produced. The fact that the noise or music is plainly audible at a distance of City of Miami Page 3 of 7 File ID: 14903 (Revision:) Printed on: 2/20/2024 File ID: 14903 Enactment Number: 14256 100 feet from the vehicle or premises from which it originates constitutes prima facie evidence of a violation of this chapter. (b) It shall be unlawful for any person owning, occupying, or having charge of any business, including but not limited to an entertainment establishment, alcohol service establishment, food service establishment, etc., or any part thereof, that shares a property line with any property that has a residential use as defined by Article 1 of the Miami 21 Code to cause or suffer to cause the playing or operating of any such noise or such similar music of the following, which is not an exhaustive list: music, music boxes, jukeboxes, radios, musical instruments, any other musical devices; phonograph or other mechanical sound -making device or instrument; reproducing device or instrument; the playing of any band, orchestra, musician, or group of musicians; or the use of any device to amplify the music of any band, orchestra, musician, or group of musicians on or about the premises in any of its outdoor spaces between the hours of 10:00 p.m. and 8:00 a.m. the following day. The playing or operating of any noise or such similar music, including but not limited to music, music boxes, jukeboxes, radios, musical instruments, any other musical devices; phonograph or other mechanical sound -making device or instrument; reproducing device or instrument; the playing of any band, orchestra, musician, or group of musicians; or the use of any device to amplify the music of any band, orchestra, musician, or group of musicians between the hours of 10:00 p.m. and 8:00 a.m. in such manner shall be prima facie evidence of a violation of this section. (c) All of the above and foregoing shall not apply to city -sponsored activities and events held in or upon any city -owned facility or city -owned property. The City Commission may also declare an exemption from the prohibitions contained in this Subsection and declare them inapplicable on special occasions by Resolution for private property. (d) Any establishment operating a sound making device shall be exempted from subsection (b) if said establishment had an approval prior to the adoption of this section; is operating completely within a structure; is located within the Downtown Development Authority, Omni Redevelopment Area, Coconut Grove Business Improvement District, or the Wynwood Neighborhood Revitalization District; abuts an area zoned T-6 or above; has a sound making device located on the primary frontage; is located and operating on the outside of a structure on or above the fifth floor of a structure; or is located on a property zoned D1, D2, or T-6-24 or above. (e) Pilot program for the NRD-1. (1) The NRD-1 District as defined in section 4-5 of the City Code is exempt from subsection (a) of this section throughout the duration of the herein created pilot program. The NRD-1 is generally bounded by Interstate 95 ("1-95") on the west, Northwest 29th Street on the north including parcels fronting Northwest 29th Street on the north between 1-95 and Northwest 5th Avenue and between Northwest 2nd Avenue and North Miami Avenue, the FEC Corridor on the east, and Northwest 20th Street between North Miami Avenue and Northwest 1st Place, and Northwest 22nd Street between Northwest 1st Place and 1-95 on the south. (2) Within the NRD-1 District, it shall be unlawful for any person owning, occupying, or having charge of any building or premises or any part thereof at any time to cause or suffer or allow any loud, unnecessary, excessive, or unusual noises in the operation of any radio, phonograph, or other mechanical City of Miami Page 4 of 7 File ID: 14903 (Revision:) Printed on: 2/20/2024 File ID: 14903 Enactment Number: 14256 (3) sound -making device, instrument, or reproducing device; in the playing of any band, orchestra, musician, or group of musicians; or in the use of any device to amplify the music of any band, orchestra, musician, or group of musicians where the noise or music: a. Exceeds 80 dB(A) at a distance of greater than 25 feet from the property line of the property on which or from which it is produced; b. The bass level exceeds 70 dB(C) when measured from within an enclosed structure with all windows, doors and other openings closed; or c. Exceeds 65 dB(A) when measured from within an enclosed structure with all windows, doors, and other openings closed. d. The city manager shall have the authority to decrease the allowable decibel levels by up to 10dB(A) and/or 10dB(C) during the pilot program based upon the recommendation of the Wynwood Business Improvement District and after 30 days' notice has been posted and sent via certified US Mail to all affected business. e. The City Commission may also declare an exemption from the prohibitions contained in this Subsection and declare them inapplicable on special occasions by Resolution for private property. The fact that the noise or music emanating from the property on which or from which it is produced exceeds the dB(A) sound level referenced in subsection (e)(2)a, b. and c. above constitutes prima facie evidence the violation has occurred. Any violation of this subsection is punishable as follows: a. For a first offense, a fine of $250.00; b. For a second offense, a fine of $500.00; c. Violations may also be punished pursuant to section 2-817 of the City Code with a fine in an amount of up to $1,000.00 per diem for a first offense and a fine in an amount of up to $5,000.00 per diem for a repeat violator to be assessed by the code enforcement board. The code enforcement board may also find the violation to be irreparable or irreversible in nature and assess a fine in an amount of up to $15,000.00 for each violation in accordance with subsection 2-817(c) of the City Code. Violations shall be enforced against the property owner and/or violator under the provisions of chapter 2, article X of the City Code and any other remedies as provided by law including, but not limited to, revocation of certificate of use and/or business tax receipt, and actions for injunctive relief in the circuit court. Notwithstanding any provision or condition to the contrary, this pilot program shall apply to existing and future temporary use permits issued pursuant to chapter 62 of the City Code within the NRD-1 District as defined herein. (4) The pilot program noise standards shall sunset on January 26, 2024. * * Sec. 36-5. Same —Hours of operation of jukeboxes, radios, etc.; exemption for events on city - owned property; relaxation. (d) Pilot program for the NRD-1. City of Miami Page 5 of 7 File ID: 14903 (Revision:) Printed on: 2/20/2024 File ID: 14903 Enactment Number: 14256 (1) The NRD-1 District as defined in Section 4-5 of the City Code is exempt from subsection (a) of this section through the duration of the pilot program. The NRD-1 boundaries are generally described as bounded by 1-95 on the west, Northwest 29th Street on the north including parcels fronting Northwest 29th Street on the north between 1-95 and Northwest 5th Avenue and between Northwest 2nd Avenue and North Miami Avenue, the FEC Corridor on the east, and Northwest 20th Street between North Miami Avenue and Northwest 1st Place and Northwest 22nd Street between Northwest 1st Place and 1-95 on the south. (2) Within the NRD-1 District, it shall be unlawful for any person owning, occupying, or having charge of any business establishment or any part thereof to cause or suffer to cause the playing or operating of music boxes, jukeboxes, radios, musical instruments, or any other musical devices on or about the premises between the hours of 3:00 a.m. and 9:00 a.m. unless such music boxes, jukeboxes, radios, musical instruments, and other devices are played or operated in a closed building and the sound is not plainly audible from outside the building so as to disturb the quiet, comfort, or repose of persons in any dwelling, hotel, or other type of residence. Any violation of this subsection is punishable by a fine of $250.00 for a first offense, $500.00 for each offense thereafter, and shall be enforced against the property owner under the provisions of chapter 2, article X of the City Code and any other remedies as provided by law including, but not limited to, an action for injunctive relief in the circuit court and may subject the business and/or property owner to loss of their certificate of use and/or business tax receipt. (3) The pilot program noise standards shall sunset on January 26, 2024. a. The City Commission may also declare an exemption from the prohibitions contained in this Subsection and declare them inapplicable on special occasions by Resolution for private property. *11 Section 4. f 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 shall become effective immediately after final reading and adoption thereof.2 2 This Ordinance(s) shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 7 File ID: 14903 (Revision:) Printed on: 2/20/2024 File ID: 14903 Enactment Number: 14256 APPROVED AS TO FORM AND CORRECTNESS: z, i y ttor ey ) 10/17/2023 City of Miami Page 7 of 7 File ID: 14903 (Revision:) Printed on: 2/20/2024