HomeMy WebLinkAboutO-12874City of Miami
Legislation
Ordinance: 12874
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01623zt Final Action Date: 12/14/2006
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE I, TITLED "IN GENERAL"
MORE PARTICULARLY, CHAPTER 4, TITLED "ALCOHOLIC BEVERAGES"
SECTION 4-11, "EXCEPTIONS TO DISTANCE REQUIREMENTS" TO: 1) ALLOW
AN ADDITIONAL ALCOHOLIC BEVERAGE ESTABLISHMENT WITHIN MIXED -USE
PROJECTS OF OVER 300 DWELLING UNITS WITHIN THE DOWNTOWN AREA;
2) CREATE A CULTURAL SPECIALTY DISTRICT ALONG SW 8TH STREET, FROM
SW 12TH TO SW 17TH AVENUES, ALLOWING DISTANCE EXEMPTIONS FOR A
MAXIMUM OF 5 ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AS A
COMPONENT OF A CULTURAL FACILITY; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 4-11 of the City Code allows for a distance exemption for one (1)
establishment serving alcoholic beverages if it is located within a mixed use development of over 300
swelling units within the downtown area; and
WHEREAS, the new developments within the downtown area include projects with over 400
units located on sites with more than one major pedestrian frontage and could benefit the downtown
area by providing more than one such establishment on -site; and
WHEREAS, the SW 8th Street Corridor, between SW 12th and 17th Avenues is emerging as
a cultural specialty district and warrants the inclusion of distance exemptions for a limited number of
establishments serving alcoholic beverages when such establishments are components of cultural
facilities; and
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 hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Article I, Chapter 4, as amended, the Code of the City of Miami, Florida, is hereby
amended by amending the text of said Code as follows:{1}
ARTICLE I: IN GENERAL
CHAPTER 4 ALCOHOLIC BEVERAGES
City of Miami
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Sec. 4-2. Definitions.
For the purposes of this section, the following words and phrases shall have the meanings
respectively ascribed to them, the type of license required by the state is indicated in parenthesis:
Alcoholic beverages: Distilled spirits and all beverages containing one-half of one percent or
more alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the
volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the
remainder of the ingredients as though said remainder ingredients were distilled water.
Convenience stores: A retail business opened primarily for the sale of products other than
beer or wine and which may sell beer and wine in sealed containers only for consumption off
premises. Grocery stores and shopping centers are considered to be convenience stores for
purposes of this chapter.
Cultural specialty district: The SW 8th Street corridor from SW 12th to SW 17th Avenues in
which distance requirements shall not be required for nightclub, supper club or bar uses, with
limitations, per the requirements and criteria set forth in subsection 4-11(I) herein.
Entertainment specialty district: The legally defined subarea(s) within downtown Miami (as
defined by the downtown master plan) in which distance requirements shall not be required for
nightclub, supper club or bar uses, with limitations, per the requirements and criteria set forth in
subsection 4-11(i) herein.
Sec. 4-10. Same --From churches and public schools in combination residential -commercial
districts.
No certificate of use and/or occupancy shall be issued to any applicant for the sale of liquor to
be consumed either upon the premises or off the premises and/or for the sale of beer and wine to be
consumed on the premises in the combination residential and commercial district to where the
proposed place of business is within 300 feet of a church or nearer than 1,000 feet to any public
school,; provided the method of measurement that shall be applied to determine whether or not the
proposed place of business of the applicant qualifies shall be by measurement made or taken from
the main front entrance of the 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 measurement shall be made along the route of ordinary pedestrian traffic.
Sec. 4-11. Exceptions to distance requirements.
(a) The restrictions hereinabove set forth shall not be applicable to apartment -hotels, and motels
with 50 or more guestrooms or to office buildings containing at least 60,000 square feet devoted to
and maintained for office room space, and said hotels, motels, and office buildings may contain
places of business for the sale of liquor and/or beer and wine to be consumed on the premises where
such sales are conducted in an orderly manner, and where such sale of liquor and/or beer and wine
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in said hotels, apartment -hotels, motels or office buildings is strictly incidental to the principal hotel,
motel or office building use and where there are no signs of any type exhibited or displayed to the
outside, indicating that liquor and/or beer and wine is obtainable therein, and where the room for the
sale of liquor and/or beer and wine as conducted does not open upon any public street or sidewalk.
Not more than one certificate of use and/or occupancy for consumption on the premises shall be
issued for any one hotel, apartment -hotel, motel or office building.
(b) The restrictions as to distance as hereinabove set forth shall not be applicable to bona fide
restaurants and dining rooms where the sale of liquor and/or beer and wine is entirely incidental to
the principal use of selling food, and where no sign or display is made to the outside indicating that
alcoholic beverages are obtainable therein and where such restaurant has a space of at least 4,000
square feet, having accommodations for service of 200 or more patrons at tables and containing all
necessary equipment and supplies for serving full course meals regularly; there shall not be included
in the 4,000 square feet of space any patio that does not have a permanent roof, one complete side
of which is connected directly with the main roof of such restaurant. Kitchen pantries, storage rooms,
toilets, etc., used exclusively in the operation of the restaurant may be included in the 4,000 square
feet of space; further, said restrictions shall not be applicable to any beer, wine, or beer and wine
licensee who sellsor intends to sell said beverages for consumption off the premises only; further,
said restrictions shall not be applicable to any bona fide licensed restaurant or dining room where the
sale of beer, wine, or beer and wine is entirely incidental to and in conjunction with the principal use
of selling food, and where no sign or display is made to the outside, indicating that beer, wine, or beer
and wine are obtainable therein.
(c) The restrictions hereinabove set forth shall not apply to private clubs, chartered in the county for
a period not less than three months.
(d) The restrictions as to distance between establishments as hereinabove set forth in section 4-7
shall not be applicable to existing licensees, when said licensees are moved to a distance not greater
than 300 feet of their existing location, said 300-foot distance to be measured and computed from the
front door of the established location of the licensee to the front door of the proposed location, along
the route of ordinary pedestrian traffic; and provided further, that the proposed location shall conform
tothe restrictions of sections 4-8, 4-9 and 4-10 of this chapter, unless the license as established, prior
to being moved, is nonconforming to the provisions of section 4-9 and/or 4-10 of this chapter; in such
case, the proposed location shall be located at a greater distance from a church or school than the
previously established location, but shall not necessarily be located in accordance with the restrictions
as specified in section 4-9 and/or 4-10 of this chapter. Notification shall be given to the office of the
city manager and the director of the department of fire -rescue, in writing, 45 days prior to the change
in location and the issuance of a certificate of use and/or occupancy.
(e) The restrictions as to distance as hereinabove set forth shall not be applicable to waterfront
specialty centers located on city -owned property or to individual tenants within the centers. Waterfront
specialty centers may contain places of business for the sale of alcoholic beverages and/or beer and
wine where such uses have been permitted on city -owned property by the City of Miami commission.
Within any one waterfront specialty center, not more than 50 percent of the center's tenants shall be
issued certificates of use and/or occupancy permitting service of alcoholic beverages and/or beer and
wine. No sign or display advertising that alcoholic beverages, beer and/or wine are available therein
shall be permitted on the exterior of the waterfront specialty center visible from a public right-of-way.
Liquor, beer and wine licenses incidental to restaurants shall be issued pursuant to state law.
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(f) The restrictions as to distance as hereinabove set forth shall not be applicable to retail specialty
centers or to individual tenants within said centers subject to the limitations set forth herein. Within a
retail specialty center the total number of establishments selling alcoholic beverages and/or beer and
wine exempt from these distance requirements pursuant to the exemption provided in this
subparagraph (f) shall not exceed one such establishment per 20,000 gross square feet of the retail
component within the retail specialty center but in no event shall the establishments exempt from
these distance requirements by this subparagraph exceed five establishments within said retail
specialty center and all such exempt establishments shall (a) serve food during all hours of operation
and (b) shall provide one full-time security guard on said premises per each 100 seats or fraction
thereof during those hours of operation when alcoholic beverages, beer and/or wine are served for
consumption on the premises. No sign or display advertising that alcoholic beverages, beer and/or
wine are available therein shall be permitted on the exterior of the retail specialty center. The
exceptions and restrictions in this paragraph pertain only to retail specialty centers as defined in
section 4-2(a), not including the remainder of the multiuse development, as defined. Liquor, beer and
wine licenses incidental to restaurants shall be issued pursuant to state law.
(g) The restrictions as to distance between non-C.O.P. package liquor stores (for consumption
off -premises only) as hereinabove set forth in section 4-7 may be modified by the zoning board
following the procedures, requirements, and filing fees for special exception review specified in
zoning Ordinance No. 11000, articles 13 and 16, as amended, including appellate relief. In making
their decision, the zoning board will specifically review and make findings based on the following
criteria:
(1) Whether there is ample off-street parking on the same site as is the subject establishment or
whether there is adequate off-street parking off the site or whether there is adequate parking in
combination.
(2) Whether there are residentially zoned areas within a 375-foot radius of the subject site and
how the subject site is screened in terms of noise, odor and light from these residential areas.
(3) How, and to what extent, advertising signs on the establishment have been satisfactorily
minimized in size and reduced in lighting intensity.
(4) How, and to what extent, the proposed establishment meets the standards in section 1305,
Zoning Ordinance No. 11000, which are not otherwise required to be considered above.
Such findings shall specifically be incorporated in the resolution of the zoning board. Decisions of
the zoning board are to be deemed final, unless within 15 calendar days of the date of board
decision, a request for review by the city commission is filed together with filing fees following the
procedure, for city commission review as set forth in article 20, Zoning Ordinance No. 11000,
including exhaustion of administrative remedies and judicial review as therein set forth.
(h) It is hereby intended that, pursuant to section 1101.5 of Zoning Ordinance No. 11000, legitimate
alcoholic beverage establishments with a certificate of use and certificate of occupancy, which
precede the establishment of a school or church, within the distance limitations set forth herein, shall
not be deemed to have nonconforming status; therefore, the restrictions as to distance requirements
between said establishments, and schools and churches shall not be required.
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(i) The restrictions as to distances between establishments herein above set forth in section 4-9 shall
not be applicable within entertainment specialty districts, as defined in section 4-2 herein, and as
designated by the city commission. Location of alcoholic beverage establishments within
entertainment districts shall not be utilized when calculating distance requirements of churches and
alcoholic beverage establishments located outside the district, whether existing or new. Alcoholic
beverage establishments and churches shall be limited only by distance requirements specified in this
chapter. Distance limitations for Miami -Dade County Public Schools, including elementary, middle,
and high schools, excluding however, adult skill centers, shall be as set forth in section 4-10 herein.
(1) Intent. The intent of the entertainment specialty districts is to allow nightclub, supperclub and
bar uses to benefit from close proximity to one another within duly designated areas of downtown.
To this end, distance requirements within said districts shall be eliminated; however, a maximum
cap of such establishments shall be calculated for each district as set forth below.
(2) Designated districts. The following district(s) are hereby legally described as:
the
a. Brickell Village. The Brickell Village District is hereby legally described as:
Miami (B-41). All of Blocks 55S, 56S, 71 S, 72S, 73S, and 74S.
b. Brickell Riverside. The Brickell Riverside District is hereby defined as follows:
Brickell Point (8-93). Block 103S, that portion of Lot 1 lying west of Brickell Avenue.
Brickell Addition (B-113).
Block 106A, Lots 5, 6, 8, 8- 1/2, 9, 10, and 11.
Block 107A, Lots 8-12.
Block 108A, Lots 4-11.
S.L. & J.B. Patterson and J.F. & B.T. Olive Subdivision (8-77). All of Plat.
Miami (B-41). All of Blocks 53S and ES.
Miami Amended (1-74). All of Blocks 38A and 53S.
602 Complex (139-41). Tracts A and B.
Unplatted parcels.
An unplatted parcel bounded by the Miami River on the north, S.W. Miami Avenue Road and
S.W. 6th Street on the south, the F.E.C. Railway R/W on the west, and S. Miami Avenue on
the east.
An unplatted parcel bounded by the Miami River on the north, S.W. 7th Street on the south,
F.E.C. Railway R/W on the west, and S.W. 1st Avenue on the east.
An unplatted parcel bounded by the Miami River on the north, S.E. 5th street on the south, S.
Miami Avenue on the west, and the western boundary of the plat of Brickell Point (8-93) on the
east.
c. Park West. The Park West District is hereby defined as follows:
Miami (B-41). All of Blocks 2N, 3N, 18N, 19N, 20N, 21N, 22N, 23N, 38N, 39N, 40N, 41N,
42N,
and 43N.
Howard Johnson Subdivision (79-89). Tract A.
Realty Securities Corp. Subdivision (3-172). Lots 9-16.
J.A. Dann's Subdivision (1-36). All of Blocks C and D.
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Alice Baldwin, Jenny M. & Charles E. Oxar Subdivision Amended (B-87). All of Block 16.
d. Media Entertainment. The Media Entertainment District is hereby legally described as:
Waddell Addition (8-53).
All of Block 41.
Block 42, Lots 1, 4, 5, 8, 9, 12, and 13.
North Miami (A-49 1/2). All of Blocks 16, 17 and 18.
Heyn Properties Inc. Resubdivision (6-93). All of Block 19.
Alice Baldwin Addition (1-119). All of Block 25.
Rickmers Addition Amended (3-2). All of Block 1.
Alice Baldwin, Jenny M. & Charles E. Oxar Subdivision Amended (8-87).
All of Blocks 2, 14, 22, 23.
Block 3, Lots 1-8.
Ward & Havlins Resubdivision (4-185). Lots 1-9.
Alice Baldwin Block 1 Corrected (6-43). All of Block 1.
e. Overtown Entertainment. The Overtown Entertainment District is hereby legally described
as:
Miami (8-41).
Block 5N, Lots 5 and 6.
Block 6N, Lots 1 and 2.
Block 15N, Lots 1, 2, 19, and 20.
Block 25N, Lots 9--12.
Block 35N, Lots 1, 2, 19, and 20.
Block 45N, Lots 1--12.
Block 55N, Lots 1, 2, 19, and 20.
Block 56N, Lots 1--12.
Block 65N, Lots 1--6.
P. W. Whites Resubdivision of Block 16 (8-34). Lots 4, 5, 12, 13, 20, 21, 28, 29, 36, 37, 44,
and 45.
P. W. Whites Resubdivision of Block 26 (8-34). Lots 1, 8, 9, 16, 17, 24, 25, 32, 33, 40, 41, and
48.
P. W. Whites Resubdivision of Block 36 (8-34). Lots 4, 5, 12, 13, 20, 21, 28, 29, 36, 37, 44,
and 45.
(3) Establishments permitted per designated district. Each duly designated entertainment
specialty district shall be permitted a maximum number of nightclub, supperclub or bar uses to be
calculated for each district based on the number and average size of the blocks in said district.
The number of establishments per district shall not exceed one establishment per average block
within the boundaries of the district. The numbers of average sized blocks per district are solely
for calculating the number of establishments permitted; said establishments may be located
anywhere within the district without limitation per block. The number of establishments per district
shall be as follows:
a. Brickell Village district shall have a maximum limitation of six establishments.
b. Brickell Riverside district shall have a maximum limitation of five establishments.
City of Miami
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c. Park West district shall have a maximum limitation of 11 establishments.
d. Media Entertainment district shall have a maximum limitation of seven establishments.
e. Overtown district shall have a maximum limitation of six establishments.
(4) Hours of operation. The hours of operation for the sale of liquor shall be restricted for each
Entertainment District as follows:
a. Brickell Village district: liquor sales shall cease at 5:00 a.m.
b. Brickell Riverside district: liquor sales shall cease at 5:00 a.m.
c. Park West district shall have no restrictions on hours of operation.
d. Media Entertainment district: liquor sales shall cease at 5:00 a.m.
e. Overtown district: liquor sales shall cease at 5:00 a.m.
(5) Special permit required. In order to be granted a permit for such an establishment within a
duly designated district, the property owner/applicant shall obtain a class II permit as specified in
Zoning Ordinance No. 11000, as amended, the zoning ordinance of the city; however, notice
provisions shall be as required and set forth for special exception permits, shall be as required
and set forth for class II permits with the additional requirement that mail notices be sent to all
property owners within a 500-foot notification radiusof the subject property. In reviewing an
application for a supper club, nightclub or bar establishment within a designated "entertainment
specialty district," the director of the department of planning and zoning shall apply the following
supplemental review guidelines criteria in addition to the standard criteria for class II permits as
specified in Section 305 of Zoning Ordinance No. 11000:
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. By Class II permit (in addition to the Class II permit
required for the subject establishment), 100 percent of the required parking may 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 security plan for the establishment and any parking facility.
City of Miami
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e. For establishments proposing capacities over 300 persons, a 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.
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.
these
units
herein
i. The restrictions as to distance requirements set forth hereinabove shall not be
applicable to residential or mixed use buildings located within the downtown area as shown on
page 1.2 of the Downtown Master Plan, adopted by the city commission in 1980, and depicted
in Exhibit "A" of Ordinance No. 11960 containing in excess of 300 dwelling units. The total
number of establishments selling alcoholic beverages and/or beer and wine exempt from
distance requirements shall not exceed one such establishment per -every for the first 300
within each residential building; with an additional establishment allowed for residential or
mixed use buildings containing an excess of four hundred (400) units. Not more than two
certificates of use and/or occupancy for consumption on the premises shall be issued for any
one residential or mixed use building covered by this exemption.
j. The restrictions as to distances between establishments herein above shall not be
applicable within the SW 8th Street "cultural specialty district", as defined in section 4-2
and as designated by the city commission. Location of alcoholic beverage establishments
within the cultural specialty district shall not be utilized when calculating distance requirements
of churches and alcoholic beverage establishments located outside the district, whether
existing or new. Alcoholic beverage establishments and churches shall be limited only by
distance requirements specified in this chapter. Distance limitations for Miami -Dade County
Public Schools, including elementary, middle, and high schools, excluding however, adult skill
centers, shall be as set forth in section 4-10 herein.
(1) Intent. The intent of the cultural specialty district is to allow nightclub, supperclub and bar
uses to benefit from close proximity to one another within the SW 8th Street corridor, from SW
12th to 17th Avenues when such establishments include of cultural facilities as a component of
the nightclub, supperclub or bar use. To this end, distance requirements within said district shall
be eliminated for a maximum cap of 5 establishments within the boundaries specified above.
(2) Hours of operation. The hours of operation for the sale of liquor shall be restricted for each
establishment to no later than 3:00 a.m.
(3) Special permit required. In order to be granted a permit for such an establishment within a
duly designated cultural district, the property owner/applicant shall obtain a class II permit as
City of Miami
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specified in Zoning Ordinance No. 11000, as amended, the zoning ordinance of the city. In
reviewing an application for a supper club, nightclub or bar establishment within a designated
"cultural specialty district," the director of the department of planning shall apply the following
supplemental review guidelines criteria in addition to the standard criteria for class II permits as
specified in Section 1305 of Zoning Ordinance No. 11000:
be
the
may
control
plan
a. Operational plan: 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; such plan shall include a description of the cultural activity to be
included at the establishment. Cultural activities shall be a requirement of the class ii permit
and must be either visual arts or performing arts.
b. Parking: Irrespective of parking requirements specified in Ordinance 11000, as amended,
the zoning ordinance of the City of Miami, adaptive re -use of existing buildings for this function
shall not require any additional parking; however, new buildings utilizing this exemption shall
required to provide 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
manner in which the parking is to be managed. By a separate Class II permit (in addition to the
Class II permit required for the subject establishment), 100 percent of the required parking
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
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 security plan for the establishment and any parking facility.
e. For establishments proposing capacities over 300 persons, a 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.
g. A plan depicting proximity of proposed establishment to residential uses.
h. If the proposed establishment is within 200 feet of residential uses, a noise attenuation
that addresses how noise will be controlled shall be required.
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Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are hereby repealed.
Section 4. If 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 thirty (30) days after final reading and
adoption thereof.{2}
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.
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