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HomeMy WebLinkAboutCC Legislation (Version 2)File Number: 09-01337zt City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4, ARTICLE I, SECTION 4-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY, BY ADDING A NEW SECTION ENTITLED "CITY COMMISSION APPROVAL FOR USE AND EXTENDED HOURS", RELATED TO ALCOHOLIC BEVERAGE SALES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. WHEREAS, the existing Code of the City of Miami, Florida, as amended ("City Code"), allows and regulates the operation hours for all bars (including taverns, pubs and lounges as principal uses), and all nightclubs and supper clubs; and WHEREAS, to promote and ensure the health safety and welfare of the City of Miami and its residential community, the City Commission deems it imperative that businesses allowed to operate and regulated herein, comply with the regulations and exceptions set forth; 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 by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 4/Article I of the City Code, is amended in the following particulars:{1} "CHAPTER 4 ALCOHOLIC BEVERAGES ARTICLE I. IN GENERAL Sec. 4-3. Hours during which sales allowed; S Relay sales Sec. 4-3.1. Sunday Sales. (a) No distributor or vendor of intoxicating 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: City of Miand Page I of 4 File Id: 09-01337zt (Version: 2) Printed On: 3116/2010 City of Miami Legislation Ordinance File Number: 09-01337zt City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4, ARTICLE I, SECTION 4-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY, BY ADDING A NEW SECTION ENTITLED "CITY COMMISSION APPROVAL FOR USE AND EXTENDED HOURS", RELATED TO ALCOHOLIC BEVERAGE SALES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. WHEREAS, the existing Code of the City of Miami, Florida, as amended ("City Code"), allows and regulates the operation hours for all bars (including taverns, pubs and lounges as principal uses), and all nightclubs and supper clubs; and WHEREAS, to promote and ensure the health safety and welfare of the City of Miami and its residential community, the City Commission deems it imperative that businesses allowed to operate and regulated herein, comply with the regulations and exceptions set forth; 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 by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 4/Article I of the City Code, is amended in the following particulars:{1} "CHAPTER 4 ALCOHOLIC BEVERAGES ARTICLE I. IN GENERAL Sec. 4-3. Hours during which sales allowed; S Relay sales Sec. 4-3.1. Sunday Sales. (a) No distributor or vendor of intoxicating 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: City of Miand Page I of 4 File Id: 09-01337zt (Version: 2) Printed On: 3116/2010 File Number: 09-01337zt (1) Convenience stores not located within the central commercial district, as defined in section 4-2, and whose business is primarily for the sale of products other than alcoholic beverages may make sales of beer and wine in sealed containers for consumption off the premises during such hours as their stores legally remain open for the sale of other goods. (2) Convenience stores operating specialty retail shops or stores located within the central commercial district, as defined in section 4-2 above, primarily for the sale of products other than alcoholic beverages may make sales of beer and wine in sealed containers for consumption off the premises during such hours as their stores legally remain open for the sale of other goods; except for specialty retail shops or stores operated in waterfront specialty centers, no such sales of beer or wine shall be permitted on Sunday. (3) The hours of sale for alcoholic beverages by the following establishments are weekdays, including Saturday, from 11:00 a.m. to 10:00 p.m.; Sunday, from 12:00 noon to 10:00 p.m.: a. Cafeterias; b. Coffee shops and sandwich shops. (4) The hours of sale for alcoholic beverages by the following establishments are weekdays, including Saturday, from 7:00 a.m. to 3:00 a.m. on the following day; Sunday, from 12:00 noon to 3:00 a.m. on the following day: a. Bars; b. Bottle clubs; c. Restaurants; d. Hotel, motel and apartments, with fewer than 100 guestrooms; e. Private clubs; f. Any of the establishments (above) in a retail or waterfront specialty center. (5) The hours of sale for alcoholic beverages by a liquor package store, are weekdays, including Saturdays, from 7:00 a.m. to 12:00 midnight; Sundays from 1:00 p.m. to 7:00 p.m.; providing further that these hours shall be extended on Sundays during the month of December until 10:00 p.m. (6) The hours of sale for alcoholic beverages by the following establishments are weekdays, including Saturday, from 7:00 a.m. to 5 a.m. on the following day; Sunday, from 12:00 noon to 5 a.m. on the following day, except in the area generally known as the Coconut Grove Central Commercial District, where the hours of sale for alcoholic beverages by the following establishments are weekdays, including Saturday, from 7:00 a.m. to 3:00 a.m. on the following day; Sunday, from 12:00 noon to 3:00 a.m. on the following day: a. Nightclubs; b. Supper clubs; c. Hotels, motels and apartments with 100 or more guestrooms; d. Any of the establishments (above) in a retail or waterfront specialty center. The Coconut Grove Central Commercial District consists of three general areas. Area A generally consists of both sides of S.W. 37th Avenue from Oak Avenue to Grand Avenue, and both sides of Grand Avenue from Brooker Street to Hibiscus Street. Area B is generally bound to the North by Oak Avenue from Allamanda Street to Mary Street, Mary Street to the East includes both sides of Grand Avenue from Margaret Street to Mary Street, both sides of McFarlane Road from Grand Avenue to South Bayshore Drive, both sides of Main Highway from Grand Avenue to Commodore Plaza including both sides of Commodore Plaza and Fuller Street. Area C includes the North Side of Main City of Miand Page 2 of 4 File Id. 09-01337zt (Version.: 2) Printed On: 3/16/2010 File Number. 09-01337zt HWY from Charles Avenue to Franklin Avenue. M The city commission may extend the above hours of sale for alcoholic beverages for consumption on or off the premises on special occasions by resolution. Sec. 4-3.2. City Commission approval for use and extended hours. Irrespective of other applicable zoning regulations, all bars (including taverns pubs and lounges as principal uses), and all nightclubs and supper clubs shall only be permitted upon approval by the City Commission. In determining the appropriateness of such uses, the City Commission shall take into consideration the recommendation of the Planning Department based on the following materials to be submitted by the applicant as criteria: a. An operational/business plan that addresses hours of operation number of employees menu items, goals of business, and other operational characteristics pertinent to the application. b. A parking plan which fully describes where and how the parking is to be provided and utilized e.g., valet, self park, shared parking, after -hour metered spaces and the manner in which the parking is to be managed. The City Commission may grant approval for 100 percent of the required parking to be located offsite within a distance of 600 feet from the subject establishment if the proposed parking is to be "self -park," and a distance of 1000 feet from the subject establishment if the proposed parking is to be by "valet". c. For establishments proposing capacities over 300 persons: an indoor/outdoor crowd control plan that addresses how large groups of people waiting to pain entry into the establishment or already on the premises, will be controlled. d. A security plan for the establishment and any parking facility. e. For establishments proposing capacities over 300 persons: a traffic study and traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated. f. A sanitation plan which addresses on-site facilities as well as off -premises issues resulting from the operation of the establishment. q. Proximity of proposed establishment to residential uses. h. If the proposed establishment is within 200 feet of residential uses: a noise attenuation plan that addresses how noise will be controlled shall be required, especially in the case of indoor/outdoor uses. Notwithstanding the requirements set forth above in section 4-3.2 City Commission approval shall not be required for such establishments located in parts of Downtown Miami defined herein as those portions of the downtown area bounded on the south by SE/SW 15th Road on the east by Biscayne Bay, on the north by NE/NW 5th Street, and on the West by 1-95; nor for those properties with T-6 zoning (as set forth in the Miami 21 Code located within the Southeast Overtown/Park West and Omni CRA areas. City of Miami Page 3 of 4 File Id. 09-01337zt (Version: 2) Printed On: 311612010 File Number: 09-01337zt In addition, City Commission approval shall also not be required for any such establishment approved by process of a Warrant (as set forth in the Miami 21 Code) when located in an established special district or entertainment district as set forth in Sec. 4-11 of this Chapter. *11 Section 3. If any section, part of a 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 immediately upon its adoption on May 20, 2010. {2} APPROVED AS TO FORM AND CORRECTNESS:/ JULIE O. BRU . CITY ATTORNEY Footnotes: {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. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 Miatid Page 4 of 4 File Id. 09-01337zt (Version: 2) Printed On: 3116/2010