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HomeMy WebLinkAboutCRA-R-10-0019 Backup 3-15-2010..Title AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4/ART1CLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2 TO CREATE NEW DEFINITIONS AND AMENDING SECTION 4-3 TO LIMIT THE RETAIL SALE OF ALCOHOLIC BEVERAGES FROM CONVENIENCE STORES LOCATED IN THE SOUTHEAST OVERTOWN/ PARK WEST COMMUNITY REDEVELOPMENT AREA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ..Fiscal Impact LOCATION: Within the Southeast Overtown/Park West Community Redevelopment Area. APPLICANT(S): James H. Villacorta, Executive Director, on behalf of the Southeast Overtown/Park West Community Redevelopment Agency FINDING(S): The curtailment of the hours of sale of alcoholic beverages from convenience stores in the Southeast Overtown/Park West Community Redevelopment Area will promote the health, safety, and general welfare of these areas and their inhabitants, visitors, property owners, and workers. PURPOSE: This will limit the hours of sale of alcoholic beverages from convenience stores in the Southeast OvertownlPark West Community Redevelopment Area. ..Body WHEREAS, convenience stores may currently 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 within the Southeast Overtown/Park West Community Redevelopment Area; and WHEREAS, most of the convenience stores located in the Southeast Overtown/Park West Community Redevelopment Area are open twenty-four (24) hours a day and seven (7) days a week, meaning that alcoholic beverages are offered for sale at all hours of the day and night; and WHEREAS, the curtailment of the hours of sale of alcoholic beverages from convenience stores in the Southeast Overtown/Park West Community Redevelopment Area will promote the health, safety, and general welfare of these areas and their inhabitants, visitors, property owners, and workers; to establish, maintain, and preserve property values and preserve and foster the development of attractive neighborhood and business environments and will reduce crime rates and the opportunities for the commission of crime; and to provide improvements in neighborhoods so they are defensible against crime. 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 and incorporated as if fully set forth in this Section. Section 2. Chapter 4, Article I of the City Code is amended in the following particulars: {1) "CHAPTER 4 ALCOHOLIC BEVERAGES ARTICLE 1. IN GENERAL Sec. 4-2. Definitions (a) For the purposes of this section chapter, 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: * Southeast Overtown/Park West Community Redevelopment Area: That area defined as follows: Beginning near the southeast corner of Lummus Park; at the southwest corner of the intersection of NW 2nd Street and NW 3rd Court; continue north to the north side of NW 5th Street; then west along the north side of NW 5th Street to the east side of NW 7th Avenue; then north along the east side of NW 7th Avenue to the north side of NW 22nd Street; then east along the north side of NW 22nd Street to the east side of NW 5th Avenue; then south on the east side of NW 5th Avenue to the North Side of NW 22nd Street; then east on the north side of NW 22nd Street to the west side of NW 2nd Avenue; then north on the west side of NW 2nd Avenue to the north side of NW 22nd Street; then east on the north side of NW 22nd Street to the east side of NW 1st Place; then south on the east side of NW 1st Place to the north side of NW 14th Street: then east along the north side of NW 14th Street to the east side of NW 1st Avenue; then south along the east side of NW 1st Avenue to the southern edge of the 1-395 ROW; then east along the southern edge of the 1-395 to the western side of Biscayne Boulevard; then south along the west side of Biscayne Boulevard to the north side of NE 5th Street; then west along the north side of NE 5th Street to the west side of North Miami Avenue; then south along the west side of North Miami Avenue to the north side of NW 1st Street; then west along the north side of NW 1st Street past NW 1st Avenue, to include properties abutting the west side of NW lst Avenue; then north along the western edge of said properties to the north side of NW 5th Street; then west along the north side of NW 5th Street to the east side of NW 3rd Avenue; then south along the east side of NW 3rd Avenue to the south side of NW 2nd Street; then west along the south side of NW 2nd street to the southwest corner of the intersection of NW 2nd Street and NW 3rd Court., as may be amended. * 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) The hours of sales for Convenience Stores shall be as follows: (a) Convenience stores not located within the central commercial district or districts, 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 b) 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. (c) Convenience stores located within the Southeast Overtown/Park West Community Redevelopment Area, as defined in Section 4-2 above, and whose business is primarily for the sale of products other than alcoholic beverages may only make sales of beer and wine in sealed containers for consumption off the premises between the hours of 7:00 a.m. and 12:00 midnight each day, except that such business may continue open through Saturday night to 1:00 a.m. on Sunday. No alcoholic beverages may be sold or dispensed between the hours of: (a) 12:00 midnight and 7:00 a.m. on weekdays; and (b) 1:00 a.m. Sunday and 7:00 a.m. on Monday. u Reserved (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 5:00 a.m. on the following day; Sunday, from 12:00 noon to 5:00 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. Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the provisions of this Ordinance are 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} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY ..Footnote {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.