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HomeMy WebLinkAboutChapter 4 Alcoholic BeveragesChapter 4 ALCOHOLIC BEVERAGES* *Case law references: Any provisions of this chapter which attempt to exercise any power over those who obtain state or city licenses to engage in the businesses defined in F.S. chs. 561 and 562 are void, except those provisions which regulate the hours of business, regulate the location of the places of business and prescribe sanitary regulations for such places of business. City of Miami v. Kinchinko, 156 Fla. 128, 22 So. 2d 627; City of Miami v. State, 158 Fla. 56, 27 So. 2d 829. City may regulate other phases of alcoholic beverage control which have not been preempted by state statutes. Nelson v. State, 157 Fla. 412, 26 So. 2d 60. City Code cross references --Service to female employees of dancehalls, ballrooms, §§ 5-42, 5-43; minors prohibited in dancehalls and ballrooms when alcoholic beverages sold, § 5-46; possession and consumption of alcoholic beverages in city parks, § 38-69; special event wine/beer permit in city parks, § 38-70; consumption of alcoholic beverages on city marina premises, § 50-229; alcoholic and intoxicating beverages in Orange Bowl Stadium, § 53-87. State law references: Liquors and beverages generally, F.S. § 561.01 et seq.; municipal taxation of alcoholic beverages prohibited, F.S. § 561.342(3); authority of municipality to regulate hours of sale, location of business, etc., F.S. §§ 562.14(1), 562.45(2); sales of malt beverages for off -premises consumption not subject to municipal zoning, F.S. § 563.02(1)(a). Sec. 4-1. Consumption restricted. Consuming alcoholic beverages on the public streets or vacant lots or in places solely licensed to vend alcoholic beverages for consumption off the premises is unlawful and prohibited. The city manager may declare an exemption from the prohibition of consuming alcoholic beverages on the public streets and declare it inapplicable on special occasions. Such special occasions shall require a special event permit with any associated notice that may be required. (Code 1967, § 38-10(11); Code 1980, § 37-17(11); Ord, No. 13079, § 1, 7-9-09) State law references: Consumption in certain places prohibited, F.S. § 562.453. Sec. 4-2. Definitions. (a) 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. Art and theater cultural specialty district ("cultural specialty district'): The Southwest 8th Street corridor from Southwest 10th to Southwest 27th 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(1). Bar: "Bar" and "lounge" mean any place of business where beer, wine or alcoholic beverages are sold or offered for sale for consumption on the premises, and where the sale of food is incidental to the sale of such beverages, or where no food is sold, and includes any establishment in receipt of a valid alcoholic beverage license from the state which permits the sale for consumption on the premises of alcoholic beverages as a principal use. Establishments where alcoholic beverages are permitted for consumption on the premises as an incidental or accessory use are not considered a bar. Bottle club: An establishment with a valid "bottle club" license issued by the state and where alcoholic beverages are not sold, but where patrons are allowed to consume alcoholic beverages on the premises. Bottle club licensee's may not purchase alcoholic beverages for subsequent sale to patrons. Cafeteria: A place where food is obtained by self-service and may be eaten on the premises. Central commercial district: That area defined as follows: Beginning at the intersection of Biscayne Bay and the Miami River and following the Miami River in a westerly direction to the centerline of South Miami Avenue, and thence north along the said centerline of South Miami Avenue to the centerline of S.W. Fourth Street, thence west along said centerline of said S.W. Fourth Street to the west lot line extended of lot 16, block 135N, Miami (A.L. Knowlton), thence north coinciding with the said extended westerly lot line of lot 16 and continuing north coinciding with the westerly lot lines of lots 16 through 18 and lots 1 through 3 of block 135N, and lots 8, 9 and 1 of block 134N to the FECRR thence northwesterly and thence north along the FECRR to the centerline of N.W. Fifth Street, thence east along the said centerline of N.W. Fifth Street to the centerline of North Miami Avenue, thence north along the centerline of North Miami Avenue to the centerline of N.E. Sixth Street, thence east along the centerline of N.E. Sixth Street as projected to Biscayne Bay, and thence along the westerly shoreline of Biscayne Bay in a southerly direction to the point of beginning. Central design district: That area defined as the SD-8 design district as specified in Ordinance No. 11000, as amended, the zoning ordinance of the city. Coffee shop/sandwich shop: A coffee shop or sandwich shop or other establishment in which coffee and light meals are served. A coffee shop/sandwich shop is not capable of serving full course meals. Combination residential and commercial district: That area defined as follows: All that area of land lying within the boundary of the city, not situated and described as being within the central commercial district shall be defined as being within the combination residential and commercial district. Consumption on the premises, or "C.O.P. ": Consumption of all beers, wines or alcoholic beverages of any kind, or the right to sell by the drink, bottle or can such beverages for consumption, only on the licensed premises where purchased. 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 specially districts: (a) The SW 8th Street corridor from SW loth to SW 27th Avenues; (b) the Wynwood Cafe District area as defined in subsection 4-11(k); (c) the Osun's Village Cultural Specialty District on NW 7th Avenue from NW 53rd Street to NW 63rd Street as defined in subsection 4-11(m), and (d) Lemon City/Little Haiti French Creole Cultural Arts and Entertainment District, which includes properties fronting or abutting NE 2nd Avenue, generally bounded from NE 63rd to NE 53rd Street and further includes properties abutting or fronting NE 2nd Avenue to NE 3rd Avenue on the north side of NE 59TH Street and the north and south sides of NE 59TH Terrace, including the entire property legally described as "SABAL PALM COURT SUBDIVISION PB 46-66 BLOCK 3," and including the entire property, legally described as "PIERCES DIV OF LEMON CITY PB 2-21 LOTS 3 & 4 BLK 12," 5948-5950 NE 3RD Avenue, 295 NE 59 Terrace, and 275 NE 59 Street as defined in subsection 4-11(n), (each district) hereafter referred to as the "District") in which distance requirements shall not be required for nightclub, supper club, restaurant or bar uses, with limitations, per the requirements and criteria set forth in subsection 4-11(1). 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. Full -course meal: A meal consisting of soup or salad or vegetable, entree, beverage and bread, all prepared on the premises. Sandwiches, hamburgers, hot dogs, frozen foods, stock meals or any other food services are not considered full -course meals. Hotel, motel or apartments: A vendor of beer, wine and liquor, as defined under the laws of the state, whose license is issued by the state in connection with the operation of a hotel, motel or apartments and whose sale is by the drink (consumption on the premises). A minimum of 50 transient guest rooms is required unless a special district is established per state statute. Liquor package store: A vendor licensed by the state to sell alcoholic beverages in sealed containers only for consumption off the premises. Miami Modern (MiMo)/Biscayne Boulevard historic specialty district: The area located between NE 50th Street and NE 77th Street on the East and West side of Biscayne Boulevard. Nightclub: A vendor of liquor and other alcoholic beverages whose sale is by the drink (consumption on the premises) and where the place of business is located within any building establishment and operated for the purpose of providing full course meals and refreshments prepared on the premises, together with vaudeville, theatrical entertainment or dancing, and where such place of business operates after 11:00 p.m., and where full course meals, alcoholic beverages and refreshments prepared on the premises are served and sold to the public in connection with vaudeville, theatrical entertainment or dancing, and where, in addition to space required by chairs and tables for service of full course meals to not fewer than 200 persons, which shall be set up and maintained, there shall be provided a floor space of at least 400 square feet, located in one unit and on the same floor, suitably prepared for dancing, free from tables, chairs or other obstructions at all times and where live band or live orchestra music or dancing shall be provided daily. Private club: A vendor of alcoholic beverages whose character is that of a fraternal or social nature and which association or organization is not operated or maintained for profit and whose sale is by the drink (consumption on the premises). Rehabilitated property(ies): Contributing and non-contributing buildings within the Miami Modern (MiMo)/Biscayne Boulevard Historic Specialty District that have first obtained a certificate of appropriateness, as defined in chapter 23, for exterior improvements. Restaurant: A business licensed as a restaurant by the state division of hotels and restaurants and by the city and is advertised and held out to the public to be a place where full course meals are prepared, in a full service kitchen with a commercial stove, refrigerator and oven, and served on a regular basis from a prepared menu, which facility provides seating for at least 20 patrons with standard height dining room tables or booths of adequate size to accommodate the service of full -course meals in accordance with the number of chairs found at the table, with such seating exclusive of seating at bars, counters, or cocktail tables and has a city local business tax receipt as a restaurant. The primary operation of the restaurant shall be for the serving of full -course meals. No person shall attempt to circumvent the intent of this subsection by an artifice or scheme such as serving of stock meals. The term "stock meal" as used in this subsection, includes but is not limited to the serving of cold plates, snacks, hors d'oeuvres, microwave oven heated foods or previously prepared sandwiches. Restaurants shall be subject to the provisions of this chapter. Retail specialty center: The retail component of a multiuse development, with a minimum of 50,000 square feet of net leasable area; such retail component to contain a mixture of retail shops and eating places which may include, by way of example and not limitation: retail shops selling apparel, furniture, men's or women's accessories or specialty gifts and such retail shops as pharmacies, newsstands, bookstores, high-tech or photography stores, flower or produce marts, arts and crafts shops or bakeries, and eating places such as restaurants, cafes, delicatessens, gourmet shops or fast food services. For purposes of this section the term "multiuse development" shall mean any development with: (1) Approval for retail use and at least one of the following types of uses: hotel, residential, movie theater or office use; (2) A unified plan of development which shall include, but not be limited to, plans providing for the different uses in the development to be physically integrated through direct access from one to the other; (3) Parking provided by an on -site enclosed garage; and (4) All project uses under common management. Sale and sell: Any transfer of an alcoholic beverage for a consideration, any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under the Florida statutes. Supper club: A vendor of liquor and other alcoholic beverages whose sale is by the drink (consumption on the premises) and who is located in a building or portion thereof where food is prepared and served for pay and for consumption on the premises with accessory provisions for entertainment on a year-round basis. Waterfront specialty center: A building or buildings with adjacent on -site parking spaces, under common ownership or common management, located adjacent to a navigable water body, having a unified commercial plan of development, with a minimum of 50,000 square feet of leasable area and containing a mixture of eating places, entertainment facilities and specialty retail shops which may include, by way of example and not limitation, retail shops selling apparel, men's or women's accessories and specialty gifts, pharmacies, newsstands, bookstores, high-tech or photography stores, flower marts, restaurants, cafes, fast food services, produce markets, bakeries, delicatessens, gourmet shops, and arts and crafts shops. (b) None of the preceding provisions shall be deemed to modify, repeal, amend or supersede any of the zoning ordinances heretofore or hereafter adopted. (Ord. No. 12375, § 2, 6-12-03; Ord. No. 12874, § 2, 12-14-06; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13000, § 2, 5-22-08; Ord. No. 13020, § 2, 7-24-08; Ord. No. 13047, § 2, 12-11-08; Ord. No. 13050, § 2, 1-29-09; Ord. No. 13051, § 2, 1-29-09) Editor's note: Ord. No. 12375, § 2, adopted June 12, 2003, repealed and reenacted § 4-2 to read as herein set out. Formerly, § 4-2 pertained to hours during which sales allowed; Sunday sales, and derived from the Code of 1967, § 3-8; Ord. No. 9250, § 1, adopted March 17, 1981; Ord. No. 9585, § 1, adopted March 24, 1983; Ord. No. 9671, § 1, adopted September 7, 1983; Ord. No. 10144, § 1, adopted September 11, 1986; Ord. No. 10636, § 1, adopted September 14, 1989; Ord. No. 10772, § 1, adopted July 26, 1990; The Code of 1980, § 4-3; Ord. No. 11810, § 2, adopted June 22, 1999; Ord. No. 11917, § 2, adopted April 13, 2000. Sec. 4-3. Hours during which sales allowed; 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: (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 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 city commission may extend the above hours of sale for alcoholic beverages for consumption on or off the premises on special occasions by resolution. (Ord. No. 12375, § 2, 6-12-03; Ord. No. 12455, § 2, 12-18-03; Ord. No. 12973, § 2, 2-14-08) State law references: Authority of city to regulate time of sale of alcoholic beverages, F.S. §§ 562.14(1), 562.45(2). Editor's note: Ord. No. 12375, § 2, adopted June 12, 2003, repealed and reenacted § 4-3 to read as herein set out. Formerly, § 4-3 pertained to sales to intoxicated persons prohibited and derived from the Code of 1967, § 3-9, and the Code of 1980, § 4-4. Sec. 4-4. Employees not to mingle with customers. It shall be unlawful for employees or entertainers in places dispensing alcoholic beverages for consumption on the premises to mingle or fraternize with the customers or patrons of such establishment. (Code 1967, § 3-12; Code 1980, § 4-6) Case law references: Prohibitions against employees mingling with customers held valid. City of Miami v. Kayfetz, 92 So. 2d 798. Purchase of a female employee's time by a customer or dancing with a female employee in an alcoholic beverage establishment constitutes a violation of prohibition of this section. City of Miami v. Penley, 21 Fla. Supp. 42;affd 21 Fla. Supp. 170. City Code cross reference--Dancehall employees not to mingle with customers, § 5-45. Sec. 4-5. Prohibiting sales, etc., during emergency. Whenever, in the opinion and judgment of the mayor, a public emergency shall be created or exist in the city, causing or tending to cause public disorder, lawbreaking and confusion, the city manager is hereby authorized and empowered to prohibit, by and through the issuance of his official decree, the sale, serving or consumption of beer, wine, spirituous and other intoxicating liquors and beverages for and during a period of 24 hours or such longer period of time as may be described in such decree, at all commercial establishments and at all other places in the city where such beer, wine, spirituous and all other intoxicating liquors and beverages are licensed to be sold, served or otherwise dispensed. In the issuance of such decree, the city manager shall have the fact of the issuance and the contents of such decree broadcast by police and by commercial radio stations and otherwise given publicity as quickly and as widely as shall be feasible. It is hereby declared to be illegal for any person operating, employed at or otherwise controlling any of the commercial establishments or other places described in this section to sell, serve or permit the consumption on the premises of beer, wine, spirituous and all other intoxicating liquors and beverages during the period described in the decree of the city manager provided for in this section. Each violation of, or noncompliance with, any of the provisions of this section shall constitute a separate offense, and shall subject every person guilty thereof to the penalty prescribed in section 1-13. (Code 1967, § 3-22; Code 1980, § 4-8; Ord. No. 11564, § 5, 10-28-97) State law references: Declaration of emergency, F.S. § 870.043 et seq. Sec. 4-6. Violation of state law. It is intended that the provisions of this chapter shall apply solely to those beverages constituting alcoholic beverages under the laws of the state. Every violation of the laws of the state relating to the sale of alcoholic beverages is hereby specifically made a violation of this chapter, with the same force and effect as if the provisions of such laws were fully set forth herein. (Code 1967, § 3-29; Ord. No. 10772, § 1, 7-26-90; Code 1980, § 4-9) State law references: Alcoholic beverages, F.S. § 561.01 et seq. Sec. 4-7. Distance separation --Between an establishment within the central commercial business district, the SD-8 Design Plaza Commercial -Residential District and combination residential and commercial district. (a) No certificate of use and/or occupancy shall be issued to any applicant for the consumption or sale of liquor either on the premises or off the premises and/or beer and wine for consumption on the premises as defined under the laws of the state, in the central commercial business district, and the SD-8 Design Plaza Commercial -Residential District as described in Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, if the proposed place of business of such applicant is situated less than 500 feet from a place of business with a prior alcoholic beverage license, such 500-foot distance to be measured and computed from the front door of the established licensee to the front door of the proposed place of business of the applicant along the route of ordinary pedestrian traffic; and provided further, that no certificate of use and/or occupancy shall be issued to any applicant for consumption or sale of liquor on the premises or off the premises and/or beer and wine for consumption on the premises in that district designated as the combination residential and commercial district, if the place of business of the applicant is situated less than 1,500 feet from a place of business with a prior alcoholic beverage license; such distances to be measured and computed from the front door of the established licensee to the front door of the proposed place of business of the applicant, along the route of ordinary pedestrian traffic. The restrictions herein above set forth shall not be applicable between liquor licensees and beer and wine licensees. (b) Notwithstanding the above, said distance requirements may be reduced for a non-C.O.P. package liquor store (for consumption off premises only) through the procedure in section 4- 11(g). (Ord. No. 9585, § 2, 3-24-83; Ord. No. 9664, § 1, 7-28-83; Ord. No. 10755, § 1, 6-28-90; Ord. No. 10777, § 1, 9-7-90; Ord. No. 10882, § 1, 5-9-91; Code 1980, § 4-10; Ord. No. 11440, § 2, 1- 23-97) Sec. 4-8. Same --From residential districts. No certificate of use and/or occupancy shall be issued to any applicant for the sale of liquor and/or beer and wine for consumption on the premises where the proposed place of business of the applicant is nearer than 500 feet to an R (residential) district, unless such institution is so arranged and the building so constructed and the business is so conducted as to prevent the emission of sounds, vibrations and odors. (Ord. No. 9585, § 2, 3-24-83; Ord. No. 10772, § 1, 7-26-90; Code 1980, § 4-11) Sec. 4-9. Same --From churches and public schools in central commercial district. 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 central commercial district where the proposed place of business of the applicant is within 300 feet of a church or 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 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. (Ord. No. 9585, § 2, 3-24-83; Ord. No. 9664, § 1, 7-28-83; Ord. No. 10772, § 1, 7-26-90; Code 1980, § 4-12) 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. (Ord. No. 9585, § 2, 3-24-83; Ord. No. 9664, § 1, 7-28-83; Ord. No. 10772, § 1, 7-26-90; Code 1980, § 4-13; Ord. No. 12874, § 2, 12-14-06) 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 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 sells or intends to sell said beverages for consumption offthe 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 to the 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. (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. (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: a. Brickell Village. The Brickell Village District is hereby legally described as: Miami (B-41). All of Blocks 55S, 56S, 71S, 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 (B-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, the 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. 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 (B-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 (B-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 (B-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 (B-34). Lots 4, 5, 12, 13, 20, 21, 28, 29, 36, 37, 44, and 45. P.W. Whites Resubdivision of Block 26 (B-34). Lots 1, 8, 9, 16, 17, 24, 25, 32, 33, 40, 41, and 48. P. W Whites Resubdivision of Block 36 (B-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. 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 radius of 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. 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. 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 12 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 these distance requirements shall not exceed one such establishment for the first 300 units 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. Notwithstanding section 4-10, distance limitations for the cultural specialty district certificate of use and/or occupancy for Miami -Dade County Public Schools, including elementary, middle, and high schools, excluding however, adult skill centers, shall be no nearer than 500 feet from the public school by the method of measurement provided in section 4-10. 1. Intent. The intent of the art and theater cultural specialty district is to allow cultural related to theaters, nightclub, supperclub and bar uses to benefit from close proximity to one another within the Southwest 8th Street corridor, from Southwest loth Avenue to 27th Avenue when such establishments include of cultural facilities as a component of the allowed underlying nightclub, supperclub or bar uses. To this end, distance requirements within said district shall be eliminated for a maximum cap of 15 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 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. 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, adaptive re -use of existing buildings for this function shall not require any additional parking; however, new buildings utilizing this exemption shall be 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 the 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 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 1,000 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. 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 plan that addresses how noise will be controlled shall be required. (j) Reserved. (k) Restrictions relating to the location of alcoholic beverage establishments, including but not limited to, required distances from churches, residential districts and other alcoholic beverage establishments, whether within or outside the district, shall not be applicable to establishments within the Wynwood Cafe district, as defined below and as designated by the city commission. However, notwithstanding the foregoing sections, distance limitations for public or private elementary school, middle school, or secondary school, excluding however, adult skill centers, shall be 500 feet. (1) Intent. The intent of the Wynwood Cafe district is to allow a limited number of nightclub, supper club, restaurant, coffee shop, and bar uses to benefit from close proximity to one another within the Wynwood Cafe district. To this end, distance requirements within said district shall be eliminated or modified, as described above, for a maximum cap of 25 such establishments within the boundaries specified below. No one person or entity, including affiliates, shall own more than 13 of such alcoholic beverage licenses within the Wynwood Cafe district. An affiliate is any person or entity who is an owner, shareholder, member, partner, agent, officer or director of any person or entity, who has or seeks such alcoholic beverage licenses in this district. (2) Boundaries. The Wynwood Cafe district is described as shown in the area depicted (attachment "A" to be included in the body) and as legally described in attachment "B." (3) Hours of operation. The hours of operation for the sale of alcoholic beverages shall be restricted for each establishment to no later than 3:00 a.m. Supper clubs, nightclubs, and bars will not be open during regular school hours. (4) Special permit required. In order to be granted a permit for such establishments within this designated cultural specialty district, the property owner/applicant shall obtain a class II special permit as specified in Ordinance No. 11000, as amended, the zoning ordinance of the city. In reviewing an application for establishments serving alcoholic beverages the director of the planning department shall apply the following supplemental review guidelines criteria in addition to the standard criteria for class II special permits as specified in section 1305 of Zoning Ordinance No. 11000: In reviewing an application for a Wynwood Cafe district permit for a supper club, nightclub, restaurant, coffee shop, or bar, the following additional criteria shall apply: a. Use requirements and restrictions: To qualify to operate a supper club, nightclub, restaurant or bar, the establishment must have a minimum of 40 seats. To qualify for a coffee shop, the establishment must have a minimum of 20 seats. b. 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. c. Parking: Irrespective of parking requirements specified in Ordinance No. 11000, as amended, the zoning ordinance of the city, adaptive re -use of existing buildings for this function shall not require any additional parking; however, new buildings shall be required to provide a parking plan which fully describes where and how the parking is to be provided and used, e.g., valet, self park, shared parking, after -hour metered spaces, and the manner in which the parking is to be managed. By a separate class II special permit (in addition to the class II special 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 1,000 feet from the subject establishment if the proposed parking is to be by "valet." For alcoholic and beverage establishments, as adaptive re -use of an existing structure, any square footage used for kitchen and/or storage areas will not be counted towards parking requirements. d. For establishments proposing capacities of more than 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. e. A security plan for the establishment and any parking facility. f. For establishments proposing capacities of more than 300 persons, a traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how to mitigate the impact. g. A sanitation plan, which addresses on -site facilities and off -premises issues resulting from the operation of the establishment. h. A plan depicting proximity of the proposed establishment to residential uses. i. If the proposed establishment is within 200 feet of residential uses, a noise attenuation plan. (1) The restrictions as to distances between establishments as hereinabove set forth shall not be applicable to rehabilitated properties located in the Miami Modern (MiMo)/Biscayne Boulevard historic specialty district as defined in section 4-2, subject to the following to the following limitations: (1) Intent. It is intended that the herein exception to the distance requirements be applied to restaurants only, as defined in section 4-2, located in contributing and non-contributing historic structures that have made significant improvements to the exterior appearance in order to bring the structure into a closer resemblance of its original appearance. (2) Certificate of appropriateness required. To obtain a certificate of appropriateness under this section, the rehabilitated property shall have completed improvements that include, but are not limited to, lighting, landscaping, painting, windows, doors, paving and parking areas, signage, and awnings or canopies. (3) Permitted main uses. Restaurants, as defined in section 4-2, within rehabilitated properties shall be permitted to sell alcoholic beverages for consumption on the premises when a minimum of 30 seats are provided. (4) Accessory uses. Restaurants, as defined in section 4-2, which have a minimum of 30 seats and are located within hotels, apartment -hotels, or apartments, or any mixed use in a rehabilitated property having a minimum of 30 apartment units or a minimum of 30 hotel units and which are located in the Miami Modern (MiMo)Biscayne Boulevard historic specialty district shall be permitted to sell alcoholic beverages for consumption on the premises. (m) Restrictions relating to the location of alcoholic beverage establishments, including but not limited to, required distances from churches, residential districts and other alcoholic beverage establishments, whether within or outside the district, shall not be applicable to establishments within the district, as defined below and as designated by the city commission. However, notwithstanding the foregoing sections, distance limitations for public or private elementary school, middle school, or secondary school, excluding however, adult skill centers, shall be 500 feet. (1) Intent. The intent of the district is to allow 15 establishments which may include nightclub, supper club, restaurant, coffee shop, and bar uses to benefit from close proximity to one another within the district. To this end, distance requirements within said district shall be eliminated or modified, as described above, for a maximum of 15 such establishments within the boundaries specified below. (2) Boundaries. The district is described as shown in the area depicted (exhibit "A" to be included in the body) and as described in exhibit "B." (3) Hours of operation. The hours of operation for the sale of alcoholic beverages shall be restricted for each establishment to no later than 3:00 a.m. Supper clubs, nightclubs, and bars will not be open during regular school hours. (4) Special permit required. In order to be granted a permit for such establishments within this designated cultural specialty district, the property owner/applicant shall obtain a class II special permit as specified in zoning ordinance no. 11000, as amended, the zoning ordinance of the city. In reviewing an application for establishments serving alcoholic beverages the director of the planning department shall apply the following supplemental review guidelines criteria in addition to the standard criteria for class II special permits as specified in section 1305 of zoning ordinance no. 11000. In reviewing an application for the district permit for a supper club, nightclub, restaurant, coffee shop, or bar, the following additional criteria shall apply: a. Use requirements and restrictions. To qualify to operate a supper club, nightclub, restaurant or bar, the establishment must have a minimum of 40 seats. To qualify for a coffee shop, the establishment must have a minimum of 20 seats. b. 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. c. Parking. Irrespective of parking requirements specified in ordinance 11000, as amended, the zoning ordinance of the city, adaptive re -use of existing buildings for this function shall not require any additional parking; however, new buildings shall be required to provide a parking plan which fully describes where and how the parking is to be provided and used, e.g., valet, self park, shared parking, after -hour metered spaces, and the manner in which the parking is to be managed. By a separate class II special permit (in addition to the class II special 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 1,000 feet from the subject establishment if the proposed parking is to be by "valet." For alcoholic and beverage establishments, as adaptive re -use of an existing structure, any square footage used for kitchen and/or storage areas will not be counted towards parking requirements. d. For establishments proposing capacities of more than 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. e. A security plan for the establishment and any parking facility. f. For establishments proposing capacities of more than 300 persons, a traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how to mitigate the impact. g. A sanitation plan, which addresses on -site facilities and off -premises issues resulting from the operation of the establishment. h. A plan depicting proximity of the proposed establishment to residential uses. i. If the proposed establishment is within 200 feet of residential uses, a noise attenuation plan. (n) Restrictions relating to the location of alcoholic beverage establishments, including but not limited to, required distances from churches, residential districts and other alcoholic beverage establishments, whether within or outside the district, shall not be applicable to establishments within the district, as defined below and as designated by the city commission. However, notwithstanding the foregoing sections, distance limitations for public or private elementary school, middle school, or secondary school, excluding however, adult skill centers, shall be 500 feet. (1) Intent. The intent of the district is to allow 20 establishments which may include nightclub, supper club, restaurant, coffee shop, and bar uses to benefit from close proximity to one another within the district. To this end, distance requirements within said district shall be eliminated or modified, as described above, for a maximum of 20 such establishments within the boundaries specified below. (2) Boundaries. The district is described as shown in the area depicted (exhibit "A" to be included in the body) and as described in exhibit "B." (3) Hours of operation. The hours of operation for the sale of alcoholic beverages shall be restricted for each establishment to no later than 3:00 a.m. Supper clubs, nightclubs, and bars will not be open during regular school hours. (4) Special permit required. In order to be granted a permit for such establishments within this designated cultural specialty district, the property owner/applicant shall obtain a class II special permit as specified in zoning ordinance no. 11000, as amended, the zoning ordinance of the city. In reviewing an application for establishments serving alcoholic beverages the director of the planning department shall apply the following supplemental review guidelines criteria in addition to the standard criteria for class II special permits as specified in section 1305 of zoning ordinance no. 11000: In reviewing an application for the district permit for a supper club, nightclub, restaurant, coffee shop, or bar, the following additional criteria shall apply: a. Use requirements and restrictions. To qualify to operate a supper club, nightclub, restaurant or bar, the establishment must have a minimum of 40 seats. To qualify for a coffee shop, the establishment must have a minimum of 20 seats. b. 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. c. Parking. Irrespective of parking requirements specified in ordinance 11000, as amended, the zoning ordinance of the city, adaptive re -use of existing buildings for this function shall not require any additional parking; however, new buildings shall be required to provide a parking plan which fully describes where and how the parking is to be provided and used, e.g., valet, self -park, shared parking, after -hour metered spaces, and the manner in which the parking is to be managed. By a separate class II special permit (in addition to the class II special 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 1,000 feet from the subject establishment if the proposed parking is to be by "valet." For alcoholic and beverage establishments, as adaptive re -use of an existing structure, any square footage used for kitchen and/or storage areas will not be counted towards parking requirements. d. For establishments proposing capacities of more than 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. e. A security plan for the establishment and any parking facility. f. For establishments proposing capacities of more than 300 persons, a traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how to mitigate the impact. g. A sanitation plan, which addresses on -site facilities and off -premises issues resulting from the operation of the establishment. h. A plan depicting proximity of the proposed establishment to residential uses. i. If the proposed establishment is within 200 feet of residential uses, noise attenuation plan. (Ord. No. 9585, § 2, 3-24-83; Ord. No. 9664, § 1, 7-28-83; Ord. No. 10144, § 1, 9-11-86; Ord. No. 10636, § 1, 9-14-89; Ord. No. 10655, § 1, 10-12-89; Ord. No. 10882, § 1, 5-9-91; Code 1980, § 4-14; Ord. No. 11567, § 2, 10-28-97; Ord. No. 11917, § 2, 4-13-00; Ord. No. 11960, § 2, 9-14-00; Ord. No. 12479, § 2, 1-22-04; Ord. No. 12874, § 2, 12-14-06; Ord. No. 13000, § 2, 5- 22-08; Ord. No. 13020, § 2, 7-24-08; Ord. No. 13047, § 2, 12-11-08; Ord. No. 13050, § 2, 1-29- 09; Ord. No. 13051, § 2, 1-29-09) Editor's note: The attachments/exhibits referenced in this section are not set out at length herein, but are on file in the office of the city clerk. Sec. 4-12. Verification of distance separations between established licensees, churches and public schools. It shall be the responsibility of the zoning administrator to ascertain that the required distance separations between established licensees, churches and public schools have been properly demonstrated. The method of verification shall be the submittal of a "certified distance survey" sealed by a state registered land surveyor and/or civil engineer prior to the acceptance of an application for certificate of use and/or occupancy. (Ord. No. 9585, § 2, 3-24-83; Code 1980, § 4-15) Sec. 4-13. Central business district and central design district distance requirements. (a) The restrictions as to distance between establishments as set forth shall not apply within the Downtown Central Business District and the Central Design District as defined herein. (b) Retail beverage licenses for restaurants, cafes, cafeterias and delicatessens may be issued limiting the number of permitted licenses for the sale of alcoholic beverages subject to the following minimum conditions, restrictions and limitations: (1) The number of such licenses shall be as permitted by the Charter and/or state law. (2) Accommodations for service of 50 or more patrons at tables at one establishment shall be provided. (3) Sale of alcoholic beverages shall be incidental to the sale and consumption of food. (4) Total receipts from the sales of alcoholic beverages shall not exceed 49 percent of the total annual gross receipts of such restaurant. (5) The serving of or consumption of alcoholic beverages shall be at restaurant tables or counters at which full course meals (as defined in the Florida Administrative Code) are regularly served. (6) Restaurants qualifying and holding a retail beverage or liquor store license shall always be subject to inspections by the city manager or his designee for the purpose of determining that such restaurants are complying with the aforementioned requirements. (7) The restaurant shall have no signs advertising such retail beverage or liquor store, or the sale of alcoholic beverages therein, upon the exterior, or to be visible from the exterior of any such restaurant. (8) The retail beverage or liquor store license shall not be severable from the restaurant license in conjunction with which it is issued. (Ord. No. 11679, § 2, 6-23-98; Ord. No. 11810, § 2, 6-22-99) Sec. 4-14. Requirements for restaurants. (a) A restaurant, cafeteria, or coffee shop/sandwich shop, as defined herein, may only serve beer/wine upon compliance with the following conditions: (1) Sale of beer and wine shall be incidental to the sale and consumption of food. Beer and wine may be consumed both at tables and counters provided it is in conjunction with the principal and primary consumption of meals. (2) At least 60 percent of total gross revenues must come from retail sale on the premises of food and non-alcoholic beverages. The required percentage must be maintained on a daily basis. (3) Records of all purchases and gross retail sales of food and non-alcoholic beverages and all purchases and gross retail sales of alcoholic beverages must be maintained separately. (4) The records required in subsection (3) above must be maintained on the premises, or other designated place approved in writing by the city for a period of three years and shall be made available within 14 days upon demand by an officer of the city. The city shall approve written requests to maintain the aforementioned records off the premises when the place to be designated is the business office, open eight hours per work day, of a corporate officer, attorney, or accountant; the place to be designated is located in the city; and the place to be designated is precisely identified by complete mailing address. (5) Since the burden is on the holder of the restaurant, cafeteria or coffee shop/sandwich shop license to demonstrate compliance with the requirements for the license, the records required to be kept shall be legible, clear, and readable. (6) The required percentage shall be computed by adding all gross sales of food, non-alcoholic beverages, and alcoholic beverages and thereafter dividing that sum into the total of the gross sales of food plus non-alcoholic beverages. (7) The restaurant, cafeteria or coffee shop/sandwich shop will immediately comply with any request by the city to audit or inspect the annual receipts of the establishment for purposes of verifying the percentage of alcoholic beverage sales. (8) Upon request of the city the restaurant cafeteria, or coffee shop/sandwich shop shall provide an independent audit by a certified public accountant indicating revenues derived from the sale of alcoholic beverages. (9) The written menu should be able to be read by a person with average eyesight under the existing lighting conditions anywhere in the service area without the need of a secondary light source. (10) A majority of the food listed in the written menu shall be available while the business is open. (11) No alcoholic beverages shall be sold after the hours of serving food. (b) Restaurants holding a valid 4COPSRX license issued by the state shall be exempt from the provisions of this section, but instead shall be subject to all the rules and regulations imposed by the state. (c) It is unlawful for any person to violate any provision of this chapter. (d) It is unlawful for an establishment that is licensed as a restaurant to circumvent the intent of this subsection by an artifice or scheme. (e) Penalty. The penalty for violation of this section is a fine not exceeding $500.00 or imprisonment in the county jail for a term not to exceed 60 days, or by both such fine and imprisonment. (Ord. No. 12375, § 2, 6-12-03) Secs. 4-15--4-40. Reserved.