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File ID: #14903
Ordinance
Second Reading
Sponsored by: Christine King, Commissioner
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.
City of Miami File ID: 14903 (Revision:) Printed On: 2/20/2024
City of Miami
Legislation
Ordinance
Enactment Number: 14256
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.
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 File ID: 14903 (Revision:) Printed On: 2/20/2024
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.
Lodging
(Ancillary Use)
Mon — Sun:
7:00 a.m. — 3:00 a.m.
Consumption on 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
File ID: 14903 (Revision:) Printed On: 2/20/2024
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."
*11
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
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
City of Miami File ID: 14903 (Revision:) Printed On: 2/20/2024
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
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
City of Miami File ID: 14903 (Revision:) Printed On: 2/20/2024
(3)
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
(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
City of Miami File ID: 14903 (Revision:) Printed On: 2/20/2024
(3)
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.
The pilot program noise standards shall sunset on January 26, 2024.
Lza 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
APPROVED AS TO FORM AND CORRECTNESS:
"ri MCi[y Attor ey 10/17/2023
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 File ID: 14903 (Revision:) Printed On: 2/20/2024