HomeMy WebLinkAboutLegislation-SUB. (Version 3)z
�F City of Miami
Legislation
Ordinance
File Number: 09-01337zt
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JP41D
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.
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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
SUBMITTED INTO THEALCOHOLIC BEVERAGES
PUBLIC RECORD FOR *
ITEM PZ. 13 ON3/J,7/i o . ARTICLE I. IN GENERAL
Sec. 4-3. Hours during which sales allowed; Sunday salesPublic hearinq required.
Sec. 4-3.1. &up4ay 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:
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(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 SD -2 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 aenerallv bound to the North by C
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 Miami Page 2 of 4 File Id. 09-01337zt (Version: 3) Printed On: 3/2412010
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File Number 09-01337zt
Highway from Charles Avenue to Franklin Avenue.
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 GemmissiGR Public Hearing approval for use and extended hours.
Irrespective of other applicable zoning regulations: all bars(including taverns pubs and loun es as
principle uses shall be subject to approval by the Planning Zoninq and Appeals Board "PZAB" b
process of Exception as set forth in the Miami 21 Code: and all nightclubs and supper clubs shall only
be permitted by process of Exception. as set forth in the Miami 21 Code, with final approval by the City
Commission.
In determininq the appropriateness of such uses the PZAB and 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. Ano erational/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 or the PZAB may as part of the application, 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 gain entry into the establishment, or already on
the premises, will be controlled.
d. A securitv plan for the establishment and anv parkino facilit
e. For establishments proposing capacities over 300 persons: a traffic study and traffic circulation
analysis and plan that details the impact of protected 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.
g. 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, PZAB and City Commission approval shall not be
required for such establishments when located in the Midtown area (as set forth in Appendix C of the
Miami 21 Code, also known as "SD -27") nor for the area of Downtown Miami, defined herein as those
portions of the downtown area with T-6 zoning that are bounded on the south by SE/SW 15th Road,
City of Miami Page 3 of 4 File Id: 09-013.37zt (Version: 3) Printed On: 312412010
File Number., 09-01337zf
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.
In addition, PZAB and City Commission approval shall also not be required for any such establishment
approved by an alternate administrative process when located in an established special district or
entertainment district as set forth in Sec. 4-11 of this Chapter.
*n
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 C TNES�j
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.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL.
CAN BE SEEN AT END OF THIS
DOCUMENT
City of Miand Page 4 of 4 File Id: 09-0133 77t (Version: 3) Printed On: 3/24/2010
SUBSTITUTED
OF CitHall
City of Miami 3500 Pan American
1M Drive
Legislation Miami, FL 33133
www.miamlgov.com
Ordinance
Nome
Number: 09-01337zt Final Action Date:
A ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4,
AR LE I\PROING
SECTION 4-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMEORE PARTICULARLY, BY ADDING A NEW SECTION ENTITLED
"CITSSION APPROVAL FOR USE AND EXTENDED HOURS", RELATED
TO ALCIC BEVERAGE SALES; CONTAINING A SEVERABILITY CLAUSE,
AND FOR AN EFFECTIVE DATE OF MAY 20, 2010.
WHEREAS, the existi Code of the City of Miami, Florida, as amended ("City Code"), allows
and regulates the operation ho for all bars (including taverns, pubs and lounges as principal uses),
and all nightclubs and supper clu % and
WHEREAS, to promote and elkure the health safety and welfare of the City of Miami and its
residential community, the City Commis ' n deems it imperative that businesses allowed to operate
and regulated herein, comply with the reg tions and exceptions set forth;
NOW, THEREFORE, BE IT ORDAINM BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contain in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in thi ection.
Section 2. Chapter 4/Article I of the City Code, is am ed in the following particulars:{1}
"CHAPTER 4
ALCOHOLIC BEVERAGES
ARTICLE I. IN GENERAL
Sec. 4-3. Hours during which sales allowed; Sunday 6ale6
Sec. 4-3.1. Sunday Sales.
(a) No distributor or vendor of intoxicating or alcoholic beverages or any employee the f, on the
licensed premises, shall sell, serve, offer to sell, allow to be consumed or deliver any 'NIC beverages to any person, except during the following hours:
City of Miand Page I of 4 File Id: 09-01337zt (Version: 2) Printed On: 3116120
SUBSTITUTED
File Number: 09-01337zt
1) =nience stores not located within the central commercial district, as defined in section 4-2,
a business is primarily for the sale of products other than alcoholic beverages may make
sa of beer and wine in sealed containers for consumption off the premises during such hours as
their res legally remain open for the sale of other goods.
(2)C venience stores operating specialty retail shops or stores located within the central
commercia istrict, as defined in section 4-2 above, primarily for the sale of products other than
alcoholic be ages may make sales of beer and wine in sealed containers for consumption off the
premises durin such hours as their stores legally remain open for the sale of other goods; except for
specialty retail s s or stores operated in waterfront specialty centers, no such sales of beer or wine
shall be permitted Sunday.
(3) The hours of sale r alcoholic beverages by the following establishments are weekdays, including
Saturday, from 11:00 a.to 10:00 p.m.; Sunday, from 12:00 noon to 10:00 p.m.:
a. Cafeterias;
b. Coffee shops and sand shops.
(4) The hours of sale for alcohN beverages by the following establishments are weekdays, including
Saturday, from 7:00 a.m. to 3:00 . 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 <
e. Private clubs;
f. Any of the establishments (above) in a retai
n 100 guestrooms;
waterfront specialty center.
(5) The hours of sale for alcoholic beverages bN liquor package store, are weekdays, including
Saturdays, from 7:00 a.m. to 12:00 midnight; Sunda from 1:00 p.m. to 7:00 p.m.; providing further
that these hours shall be extended on Sundays during t1V month of December until 10:00 p.m.
(6) The hours of sale for alcoholic beverages by the followTv establishments are weekdays, including
Saturday, from 7:00 a.m. to 5 a.m. on the following day; S ay, from 12:00 noon to 5 a.m. on the
following day, except in the area generally known as the Cocd t Grove Central Commercial District,
where the hours of sale for alcoholic beverages by the follo 'ng establishments are weekdays,
including Saturday, from 7:00 a.m. to 3:00 a.m. on the following d\cent 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 spec
consists of both sides of S.W. 37th Avenue from Oak Avenue to Grand Avenue. ami both sides of
n
City of Miami Page 2 of 4 File !d: 09-0133 7,-.t (Version. 2) Printed On: 3116120
SUBSTITUTED
File Number; 09-01337zt
XVVY from Charles Avenue to Franklin Avenue.
M\orthe
commission may extend the above hours of sale for alcoholic beverages for consumption
opremises on special occasions by resolution.
SCitv Commission approval for use and extended hours.
Irres ectiveo ther applicable zoning regulations, all bars(including tavernspubs and lounges as
principal usesAd all nightclubs and supper clubs shall only be permitted upon approval by the Cit
Commission.
In determinin the o riateness of such uses the City Commission shall take into consideration the
recommendation of the lannina Department based on the followina materials to be submitted by the
applicant as criteria:
a. An operational/busines Ian that addresses hours of operation. number of emplovees. menu
itemsgoals of business and o er operational characteristics pertinent to the application.
b, A parking plan which full desc es where and how the parking is to be provided and utilized e.g.
valet self park, shared parking, afte our metered spaces, and the manner in which the parking is to
be managed. The City Commission m qrant approval for 100 percent of the required parking to be
located offsite within a distance of 600 Nt from the subject establishment if the proposed parking is
to be "self -park," and a distance of 1000 At from the submect establishment if the proposed parking is
to be by "valet'.
c. For establishments proposing capacities\Ov 300persons: an indoor/outdoor crowd control plan
that addresses how large groups of people waitin to qain entrV into the establishment, or already on
the premises, will be controlled.
d. A security Ian for the establishment and any parkin acilit .
e. For establishments proposinq capacities over 300er ns: a traffic study and traffic circulation
anal sis and plan that details the impact of ro'ected traffic o the immediate neighborhood and how
this impact is to be mitigated.
f. A sanitation plan, which addresses on-site facilities as wel\asf-premises issues resulting from
the operation of the establishment.
g. Proximity of proposed establishment to residential uses.
h. If the proposed establishment is within 200 feet of residential u\ane attenuation plan that
addresses how noise will be controlled shall be required, especially in the caseV indoor/outdoor uses.
Notwithstanding the requirements set forth above in section 4-3.2 City Comm issio roval shall not
be required for such establishments located in parts of Downtown Miami defined he in as those
portions of the downtown area bounded on the south by SE/SW 15th Road on the easNbv Biscayne
Bay, on the north by NE/NW 5th Street and on the West by 1-95; nor for those ro ertie ith T-6
zoning as set forth in the Miami 21 Code located within the Southeast Overtown/Park We -Nand Omni
CRA areas.
City of Miand Page 3 of 4 File Id: 09-013377t (Version: 2) Printed On: 3/16/201
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`File Number 09-09337zt
(%addition, Citv Commission approval shall also not be reauired for anv such establishment approved
byNocess of a Warrant as set forth in the Miami 21 Code when located in an establish
distri or entertainment district as set forth in Sec. 4-11 of this Chapter.
Section 3. any section, part of a section, paragraph, clause, phrase, or word of this Ordinance
is declared invali the remaining provisions of this Ordinance shall not be affected.
Section 4. This dinance shall become effective immediately upon its adoption on May 20, 2010.
{2}
APPROVED AS TO FOR ND CORRECTNESS;/
JULIE Oz BRU
CITY ATTORNEY
Footnotes:
fl Words and/or figures stricken through shat e deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in e ct and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified
days from the date it was passed and adopted.. If the Ma
effective immediately upon override of the veto by the City
stated herein, whichever is later.
in unless vetoed by the Mayor within ten
vetoes this Ordinance, it shall become
pmmission or upon the effective date
City of Miami Page 4 of 4 File Id. 09-0133771 (Yerslo 2) Priwed On: 311612010