HomeMy WebLinkAboutReport - Alcoholic Beverage Ordinance Review CommitteeMiami, Florida
January 2013
I.
INTRODUCTION
On January 28, 2010, the City Commission of the City of Miami authorized
Commission Chair Marc Sarnoff to appoint an Alcoholic Beverage Ordinance Review
Committee. The members of the Committee are W. Tucker Gibbs, Chairman, Richard E.
Brodsky, Vice Chairman, Jose Goyanos, Robert Holland, Richard Kuper and Steven
Perricone. Staff assisting the Committee have included Ron Nelson, Chief of Staff of
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Commissioner Marc Sarnoff, Lourdes Slazyk, former Zoning Administrator, Barnaby
Min, Zoning Administrator, George Wysong, Assistant City Attorney, and Commander
Jorge Colina, Miami City Police. While the contributions of the Staff have been
invaluable, the conclusions in this Report are those of the Committee. The Committee
held many meetings, all of which were duly advertised and were open to the public. The
result of the discussions at these meetings is this Report.
Appendix A to this Report, entitled "Proposed Scope of Committee," provides a
summary of the Committee's mandate -- in general, to study the ordinances affecting the
sale of alcoholic beverages1 within the City and to recommend changes to those
ordinances, with an emphasis on hours of operation (referring to the hours during which
an establishment may lawfully serve alcoholic beverages). Appendix B to this Report
contains the Committee's proposed revision of Article 4 ("Alcoholic Beverages") of the
Code of the City of Miami. The remainder of this Report contains an overview of the
laws governing the offer and sale of alcoholic beverages, a discussion of the principal
revisions to Article 4 proposed by the Committee, and a discussion of other issues
1 The term "alcoholic beverages" is defined under state law and the Code of the
City, and applies generally to beer, wine and distilled spirits (liquor).
pertinent to the offer and sale of alcoholic beverages not related directly to Article 4 but,
in the Committee's view, worthy of further consideration by the City.
II.
BACKGROUND
It is the law in Florida that, at both the state and local level, the sale of alcoholic
beverages can be regulated or even prohibited. The government has broad powers in
regulating the alcoholic -beverage industry. As has been recognized by the Florida
Supreme Court in Holloway v. Schott, 64 So.2d 680, 682 (Fla. 1953):
there is no field in which the courts have recognized a wider latitude for
the exercise of the police power, nor one where there is a greater need
therefor, than in the sale or possession of intoxicating liquors. The public
welfare demands the strictest scrutiny of this business by those entrusted
with and who have the responsibility of law enforcement and they must be
clothed with sufficient power -within constitutional limits -properly to
supervise it.
While state or local regulation of this activity is an accepted fact, this is not to
suggest that there is no place for the sale of alcoholic beverages in this or any other
community. People of all ages above the legal age for drinking enjoy the consumption of
alcoholic beverages. The sale of alcoholic beverages is also an important element of the
tourism business, one of the backbones of the economy in Miami and South Florida. The
task facing municipal government in regulating the sale of alcoholic beverages consist of
balancing the desire to permit the availability of alcoholic beverages to willing adults
against the risks that unrestrained sales pose to the public health, safety and welfare.
Communities throughout South Florida and around the world have wrestled with
this balancing act for years. The Committee has no doubt that the City of Miami can be a
leader in enlightened regulation. City officials need to be provided the advice of public-
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spirited citizens and entities in reaching that goal. The Committee intends that this Report
be helpful in that process.
III.
LAWS AFFECTING ALCOHOLIC BEVERAGES
Alcoholic beverages are regulated in the United States at the federal, state and
local level. For the purposes of this Report, federal regulation is not relevant. State
regulation, however, is very relevant. Some areas of regulation, such as licensing
establishments to sell alcoholic beverages, are strictly a matter of state regulation,
whereas other aspects, such as locational requirements and hours of operation, are
regulated at the state level, but counties or municipalities can enact different, even less
strict, rules.
The Division of Alcoholic Beverages and Tobacco, part of the Department of
Business and Professional Regulation, was created to "supervise the conduct,
management, and operation of the manufacturing, packaging, distribution, and sale within
the state of all alcoholic beverages and shall enforce the provisions of the Beverage Law
and the tobacco law and rules and regulations of the division in connection therewith." §
561.02, F1a.Stat. (2010).
The primary activity of the Division is the licensing of manufacturers, distributors
and vendors (sellers of alcoholic beverages at the retail level). § 561.14, F1a.Stat. (2010).
It is unlawful in the State of Florida to sell alcoholic beverages without a license. §
562.12(1), Fla. Stat. (2010).
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There are numerous categories of licenses for vendors. The current categories are
summarized on the Division's website http://www.myfloridalicense.com/dbpr/abt/rules_-
statutes/license types.pdf.
The State imposes quotas on the number of licenses that may be issued for all of
its licenses, under section 561.20(1), F1a.Stat. Therefore, these licenses are valuable
commodities. By statute, however, larger restaurants (having 2,500 square feet of service
area and equipped to serve 150 persons full course meals at tables at one time, and
deriving at least 51 percent of its gross revenue from the sale of food and non alcoholic
beverages) can be granted a "special license" and therefore are not subject to a quota.
§ 561.20(2)(a)(1), Fla.Stat. (2010).
State law, sections 562.14(1) and 562.45(2)(a), F1a.Stat., contains provisions
establishing the hours alcoholic beverages may not be sold (between 12 midnight and 7
am) and the minimum distances between business establishments and schools (500 feet
for all establishments other than restaurants with 51 % or more of their revenues derived
from other than the sale of alcoholic beverages). However, State law also allows counties
and municipalities to enact their own provisions regulating hours of service and minimum
distances. §§ 562.14(1), 562.45(2)(a), F1a.Stat. Counties and municipalities may not enact
ordinances that regulate or prohibit the permitted activities under a license issued under
the Beverage Law by the State Division of Alcoholic Beverages and Tobacco under the
Beverage Law. § 562.45(3) (1999).
Miami -Dade County has enacted ordinances affecting location and hours of
operation. Ch. 33, Article X, sections 33-150 and 33-151. The City of Miami has likewise
done so in Chapter 4 of the City's Ordinances, and, therefore, Miami -Dade County's
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ordinances have no effect in the City because the City's ordinance does not conflict with
the County's ordinance.
IV.
CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI
Chapter 4 of the Code of the City of Miami comprehensively regulates the sale of
alcoholic beverages within the City.
As a preliminary matter, Chapter 4 was originally .written in a different era, one of
supper clubs and the like, and before the development within the City of specialty
entertainment districts designed to foster the growth of restaurants, bars and clubs aiming
at serving the many tourists from the U.S. and abroad interested in partaking in the
enjoyments of vacationing in South Florida. The proposed revisions attempt to modernize
its provisions. In addition, Chapter 4, as it presently stands, can be fairly described as
extremely confusing and complex. Attempting to understand the ordinances as they affect
businesses and citizens has proved a daunting task for the members of the Committee, all
of whom are either in the business of selling alcoholic beverages or are practicing
attorneys. Respect for the law is eroded when it takes years of experience and "inside"
knowledge to understand and navigate through the laws. If it accomplishes nothing else,
the Committee believes that it would be a significant achievement were the Commission
to revise this Chapter to make it clear, concise and more easily understandable.
The principal facets of City regulation of establishments offering alcoholic
beverages for sale are the hours during which alcoholic beverages may be served and the
distances between such establishments and between such establishments and schools and
religious facilities. There are two categories of proposed changes: simplification and
modernization, and substantive regulation.
In the first category of proposed changes to Chapter 4 is the abolition of such
outmoded terms as supper clubs and nightclubs. For example, the Committee proposes
that Chapter 4 be amended to state that all establishments principally engaged in the offer
or sale of alcoholic beverages for consumption on the premises be called a "bar." This
would include establishments commonly referred to as "nightclubs." The Committee
decided that the definition of nightclub in the current version of the ordinance was
completely outmoded and further decided, after careful analysis, that there was no need
to provide for a separate establishment called a "nightclub" in light of the difficulty of
drawing a comprehensible and sensible line between "bars" and "nightclubs."
Moreover, while proposed revisions to the Code retain all provisions respecting
the Cultural Specialty Districts, the Central Commercial District, the Central Design
District, the five Entertainment Specialty Districts, and the Miami Modern/Biscayne
Boulevard Historic Specialty District, references to the various districts are presently
scattered somewhat haphazardly throughout Chapter 4, making it difficult to understand
the various restrictions and requirements applicable to each such district. They have been
centralized in a new Section 4-5. In addition, the proposed Ordinance calls for sunsetting
of these Districts if they have not proven to fulfill their original purposes.
In the second category of proposed changes is that all bars, as newly defined,
except for those in the Park West district, would be prohibited from selling alcoholic
beverages after 3:00 am, unless they obtain an extended hours permit from the Planning
and Zoning Board, which could be issued only by process of exception, as set forth in the
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Miami 21 Code, with final approval by the city commission. Of note, however, is that
bars in Coconut Grove, because of its unique characteristics, would not eligible for
extended hours.
There is much controversy over the regulation of hours of operation (actually,
hours during which alcoholic beverages can be sold). The controversy does' not revolve
around the need for restrictions. Restrictions on hours of operation appear to serve two
purposes:. first, generally the longer people have to drink, the more they will drink,
resulting in a greater likelihood of undesirable side effects (drunkenness, violence, traffic
accidents, etc.); second, if people leave a drinking establishment in the early morning
hours, they may have undesirable contacts with schoolchildren and their parents or
guardians headed for school. The Committee believes that these purposes are generally
accepted as valid and uncontroversial.
Two policy issues present themselves for consideration by the City Commission.
The first relates to differences of permitted hours of operation among different
kinds of establishments and different geographical districts. Operators of establishments
in areas in which hours are more restricted than in other areas complain that they are
operating under an unfair competitive disadvantage. Of course, competition comes not
only from within the City of Miami. People seeking a place to buy alcoholic beverages
can choose to visit other municipalities within Miami -Dade County, where other
regulatory structures exist. The principal alternative to the City of Miami is the City of
Miami Beach, where "last call" is generally 5:00 AM. Ch. 6, section 6-3, City of Miami
Beach Ordinances. The Committee understands that the City has the authority under law,
through its zoning power, to treat different geographical areas differently with respect to
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land use restrictions. Nevertheless, the Committee proposes resolving this issue by
enacting one citywide standard (3:00 am) for all bars other than those in Park West, with
the opportunity, on an establishment -by -establishment basis, to extend the hours to 5:00
am (except for bars in Coconut Grove).
The second relates to the fact that the Park West district has no restrictions on
hours of sales. This provision was enacted to give establishments in that area a jump-
start. Ten years later, they are thriving, but residential apartments are also now located
nearby, which raises questions of noise, traffic, crime and the like. Should there be an
area in which there are no restrictions on the time during which alcoholic beverages can
be sold? The Committee concluded not to recommend a change, but, in the final analysis,
the Commission is in a better position to make that judgment.
C. Dealing with the Undesirable Side Effects of Sales of Alcoholic Beverages
Since the very purpose of regulation of the sale of alcoholic beverages is to lessen
or eliminate the undesirable side effects of alcoholic beverage consumption, the
Committee considered and now recommends consideration by the City of a number of
steps that could be taken, in addition to those already discussed, to ameliorate these
negative side effects, while preserving the ability of commercial establishments to
operate profitably and of consumers to enjoy the purchase of alcoholic beverages
responsibly.
1. Crime and Undesirable Behavior Outside Commercial Establishments
It is undeniable that drinking alcoholic beverages to excess yields drunkenness,
which results in rowdiness, fighting, and other forms of anti -social behavior. These side
effects pose a definite danger to both consumers and innocent bystanders, and can result
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in lower property values for property owners and increased costs of sanitation and police
for taxpayers. The costs of dealing with these side effects, whether measured by dollars
required to be expended or the immediate impact of anti -social behavior should not be
borne by innocent bystanders or taxpayers. As much as possible, these costs should be
borne by the commercial establishments that profit by the sale of alcoholic beverages.
The Committee recommends, therefore, that the City consider the following
measures, some of which can be enacted as part of the licensing or zoning process
without the need for changes in City ordinances:
a. Mandatory training of personnel working in commercial establishments
related to recognizing signs of drunkenness;
b. Requiring policies of denying or limiting service to customers who show
signs of imminent or actual drunkenness;
c. Requiring commercial establishments to call taxi service for customers
exhibiting inability to drive safely when leaving;
d. Restrictions on admission of under -age persons to bars and clubs;
e. Restrictions on numbers of drinks that may be ordered at "last call";
f. Enacting fees or assessments to allow for increased police and code
enforcement services within specific geographical areas;
g.
Requiring hiring of off -duty police, at the expense of the commercial
establishment, through a system administered by the City (to avoid hiring "favorite"
police who may be put in a conflict position by being hired in areas of their customary
duty area); and
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h. Vigorous enforcement of laws against rowdy behavior and illegal
congregation outside of commercial establishments.
2. Noise
The creation of noise that disturbs other people is an ongoing problem in any city.
Chapter 4 is not the City's noise ordinance, but there is no question that the sale and
consumption of alcoholic beverages and regulating undesirable noise are interrelated
issues that are legitimate concerns of local government. As it pertains to the sale of
alcoholic beverages, noise concerns arise primarily from anti -social behavior by drinkers
outside the place where they bought and consumed alcoholic beverages, and from the
sound of music and crowds emanating from within or outside of a commercial
establishment, such as a roof or patio. The first issue can be effectively controlled by
better control of the side effects of excessive drinking, discussed above. The second issue
is discussed here.
The City's noise ordinance is contained in Chapter 36. Aside from the general
proscription against making "any loud, unnecessary, excessive or unusual noise," which
is contained in Section 36-1, there are two sections of Chapter 36 that are pertinent:
section 36-4, which deals with amplified noise from within a building; and section 36-5,
which deals with the operation of "musical devices" within a closed building. Section 36-
4 prohibits the operation of noise from mechanical device or an amplified live
performance if the noise or music is "plainly audible" one hundred feet from the premises
in which the noise or music is produced. Section 36-5 prohibits the operation of musical
devices from 11:00 PM to 7:00 AM on the following day, unless the devices are played
or operated from a closed building and the noise is not audible from outside the building.
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The City has encouraged the creation of mixed -use developments that contain
both residences (especially buildings containing apartments) and entertainment
establishments. There has been dramatic growth of both kinds of buildings, often side -by -
side. As a result, some residents have complained about excessive noise emanating from
such establishments, including from outdoor music.
Obviously, if noise from bars, clubs and other establishments disturbs residents'
quiet enjoyment of their homes, this becomes a problem for local government, but the
Committee feels that reconciling the interests of residents and revelers should not be
impossible. The Committee has these observations:
a. If noise from indoor music is plainly audible more than one hundred feet
from the premises, then section 36-4 should be vigorously enforced as well.
Establishments seeking to operate within the letter of section 36-4 can probably do so by
installing effective sound proofing and installing double doors designed, during normal
operation, to lessen the amount of noise emanating from the premises.
b. Section 36-5 of the noise ordinance prohibits outside music playing after
11:00 PM. As long as that ordinance is in effect, the City should instruct the police to
enforce that prohibition vigorously. The City Attorney has advised that the applicable
provisions of the noise ordinance are constitutional as written and may be lawfully
enforced.
c. If changes to Section 36-5 are considered, so as to allow some outdoor
music to be played, counter-measures should also be considered so as to ameliorate the
effects of the sound on residents, including limiting the hours during which outside music
can be played, capping the permissible decibel level of outside music, requiring new
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residential structures to be built with effective soundproofing (to be funded by
commercial establishments adjacent to the new structures).
d. Consideration should also be given to permitting existing commercial
establishments time to adjust to new enforcement patterns or the creation of new
ordinances.
V.
CONCLUSION
The members of the Committee stand ready to assist the Commission in digesting
this Report and the proposed revisions to Article 4. They appreciate the opportunity to
have served the community by working as a Committee. They hope that the members of
the Commission will give the Report and the proposed revisions to Article 4 their serious
consideration.
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..TITLE
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ALCOHOLIC BEVERAGES," TO CREATE NEW REGULATIONS;
CONTAINING A SEVERABILTIY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
..Body
WHEREAS, on January 28, 2010, the Miami City Commission authorized
then Commission Chair Marc Sarnoff to appoint an Alcoholic Beverage
Ordinance Review Committee ("Committee"); and
WHEREAS, the Committee was given the charge to study Chapter 4 of
the Code of the City of Miami, Florida ("City Code") relating to the sale and
service of alcoholic beverages within the City of Miami ("City") and to recommend
changes, if necessary, to the City Code with an emphasis on hours of operation
(referring to the hours during which an establishment may lawfully serve alcoholic
beverages); and
WHEREAS, the members of the Committee were W. Tucker Gibbs,
Chairman; Richard E. Brodsky, Vice -Chairman; Jose Goyanes; Robert Holland;
Richard Kuper; and Steven Perricone; and
WHEREAS, the Committee held numerous public meetings between
February 2010 and November 2012; and
WHEREAS, the meetings included input from citizens impacted by
alcoholic beverage serving establishments, owners and operators of alcoholic
beverage serving establishments, City officials and staff, and the general public;
and
WHEREAS, alcoholic beverages have been consumed all over the world
throughout recorded history; and
WHEREAS, both the attractions. of and associated dangers of alcoholic
beverages are well known; and
WHEREAS, there is a need to regulate the sale of alcoholic beverages
due to the obvious dangers that overuse poses to drinkers and others; and
WHEREAS, the dangers of overuse of alcoholic beverages include but are
not limited to health problems, family disorders, acts of violence and destruction
of property, and risk to drinkers' and others' safety and security; and
WHEREAS, the government is tasked with the power and responsibility to
control and regulate alcoholic beverages; and
WHEREAS, the responsible sale and consumption of alcoholic beverages
are appropriate exercises of personal freedom and business enterprise; and
WHEREAS, the sale of alcoholic beverages is regulated at the federal,
state, and local level; and
WHEREAS, state law provides the basic rules governing the sale of
alcoholic beverages within the State of Florida but also recognizes the power of
municipalities to enact ordinances regulating the hours of operation and location
of place of business; and
WHEREAS, the City chooses to exercise its authority provided under state
law to regulate the sale of alcoholic beverages; and
WHEREAS, the goal of the City is to foster an environment in which its
residents and visitors are able to enjoy the public sale and consumption of
alcoholic beverages and ensure that any regulations be simple, understandable,
and reasonably calculated to mitigate the negative effects of excessive alcoholic
beverage consumption; and
WHEREAS, after thoroughly reviewing the relevant City Code provisions
relating to the sale of alcoholic beverages within the City, the Committee drafted
and prepared proposed amendments to Chapter 4 of the City Code; and
WHEREAS, the Miami City Commission, after careful consideration of this
matter, deems it advisable and in the best interest of the general welfare of the
City to amend Chapter 4 of the City Code;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this
Ordinance are adopted by reference and incorporated as fully set forth in this
Section.
Section 2. Chapter 4 of the Code of the City of Miami, Florida is amended in
the following particulars: {1}
2
"CHAPTER 4
ALCOHOLIC BEVERAGES
ARTICLE 1. IN GENERAL
Sec. 1 1. Consupmtion restricted.
Consuming alcoholic beverages on the public streets or vacant lots or in places
The city manager may declare an exemption from the prohibition of consuming
ll require a special event permit with any
associated notice that may be required.
Sec. 1 2. Definitions.
the state is indicated in parenthesis:
all beverages co
percent -Of -moce--a1A49144A1--lay-VG1-614-14e-peroentage-of--aloohol-by-vol-unl-e-shal-1
be-cietermine€1--lay-meastifing--the-voltime-ef--th-e-standacd-ethyl-aloe-hol-in-the
beverage and comparing it with the volume of the remainder of the ingredients as
though said remainder ingredients were distilled water.
Inln whicih dicta,-nce requirements shall not be required for nightcl„b, supper club or
bar uses, with limitations, per the requirements and criteria set forth in subsection
411(1).
Bar: "Bar" and "lounge" mean any place of business where beer, wine or
vcrages as a principal usc. Establishments where
alcoholic beverages are permitted for consumption on the premises as an
incidental or accessory use are not considered a bar.
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and where alcoholic beverages arc not sold, but where patrons are allowed to
consume alcoholic beverages on the premises Roftle cll Ih licensee's may riot
O�� _...._ _..__.._.._-__?JZ7c _ �JI" [, ,�. [JIG..""___- �..�..__ ..__ _ ...�.�. ....�.�.. ... � ....�
purchase alcoholic beverages for subsequent sale to patrons.
the premises.
Central commercial district: That area defined as follows:
centerline of C W Col Irth Street thence ,ire t along said centerline of said C 1N
i=o, Irth Street to the west lot line extended of lot 16, block 1 35N, Miami (-A
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
FZCRR thence_ northwesterl; xnelthence north along the FECRR to the
of North -Miami Avenue t he ceenterl� iT ne of N G Sixth Street, thence east aloe
the centectine of ATE. Six+ Street s projected to Biscayne Rays anri thence
of beginning.
in Ordinance No. 11000, as amended, the zoning ordinance of the city.
establishment in which coffee and Tight meals are served. A coffee
shop/sandwich shop is not capable of serving full course meals.
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 beverage ,
purchased.
only for consumption off premises. Grocery stores and shopping centers are
er s for purer ses of this chanter
cen�"�-t�GI.77p77p w"7riT�7T-CI--ITSI7TTR't7 CGT
4
Cultural specialty districts: (1) The SW 8th Street corridor from SW 10th to SW
27th Aven„ec as defined in s„hsection 4_11 (k); M)the Wvnweed Cafe District
or a as defined in subsection 4 11(1); (3) the Miami Modern (MiMo) Biscayne
Boulevard District as defined in subsection 4 11(m); (4) thc Osun's Village
Street as defined in subsection 4 11(n); (5) the Lemon City/Little Haiti French
Creole Cultural Arts and Entertainment District, which includes properties fronting
or abutting NE 2nd Avenue, generally bounded frem 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 thc entire property,
legally described as "PIERCES DIV OF LEMON CITY PB 2 21 LOTS 3 & 4 BLK
1�5918 5950 nlE 3RD A„en295 niE 559 Te e, and-275-NE 59-Street-a-s
defined in c„bsootien 4 1 1 (o) and (6) thy, Orange Bowi District is the area
surrounding the Ball Park Stadium located -at thc intersection of NW 7th-Street
di tint) hererreferred t� as ttThre "District") in which distance reg„irements
shall not be required for nightclub, supper club, restaurant or bar uses, with
Entertainment specialty district: The legally defined subarea(s) within downtown
Miami (as defined by the downtown master plan) in which distance requirement
the requirements and criteria set forth in subsection 4 11(1) herein
dogs, frozen foods, stock meals or any other food services are not considered
full course meals.
the laws of the state, whose license is issued by the state in connection wit- e
op atien of a hotol tel or n tmentSand hose sale io by the drink
(consumption on the premises). A minimum eoff 50 ,transient guest rooms is
re TC�Q ZTspecial district is ectablish'ed p'er state st`�tatutte.
everages
in sealed containers only for consumption off the premises.
Biscayne Boulevard.
5
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
busva i s erateaes-afi there full coy arse 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
meals to not fewer than 200 persons, which shall be set up and maintained, there
shall be provided a floor space of at least 100 square feet, located in one unit
other obstructions at all times and where live band or live orchestra music or
dancing shall be provided daily.
Orange Bowl-Distriet-The-acea-sufrounding-the-Ball-Pafk-Stadium-losateel-at-the
e
exhibit A to Ord. No. 13285, which provides exceptions to alcohol distance
torn iirements as described in subsection /1 1 1 (p)
premises).
first obtained a certificate of appropriateness, as defined in chapter 23, for
exterior improvements.
and restaurants and by the city and is advertised and held out to the public to be
a plane where full eonarse meals are prepared! in a fill senriee kitchen with_a
tl-f7TCtQ •...v. v ...,.. vvw. vv ...v....v .... v �... v�...... v.... ... ... ...... .. .......... ....... ..... .. .... ,..
r basis from a
prepared menu, which facility provides seating for at least 20 patrons with
the table with such seating exch isive of seating at bars, counters, or cocktail
tables and has a city local business tax receipt as a restaurant. The primary
on tion of Th resta� grant shall be far the serving of full course meals_ No
vpe r-arrv„�r- e-�-c�caurunrvnurr-vc�vr
person shall attempt to circumvent the intent of this subsection by an artifice or
subsection, includes but is not limited to the serving of cold plates, snacks, hors
this chapter.
6
minimum of 50,000 square feet of net leasable area; such retail component to
example and not limitation. retail shops selling apparel, fur -II -it -we, men's or
women's accessories or specialty gifts and such retail shops as pharmacies,
,
cafes, delicatessens, gourmet shops or fast food services. For purposes of this
section the term "multiuse development" shall mean any development with:
(1) pproval for retail „se andl at least one of the following types of „se
hotel, residential, movie theater or office use;
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
(1) All project uses under common management.
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.
spaces, under common ownership or common management, located adjacent to
eating places entertainment facilities and specialty retail shops which may
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.
adopted.
7
4 3.1. Sales.
{a) No distributor
, or vendor of intoxicating ,or,,al'lc,,o,�holic beverages or any
employee ereof, on the-Iicensed emiises, she -sell, ser e, offer to seII, aIIow
to be consumed or deliver any alcoholic beverages to any person, except during
{-1-)--Conveniance--storec-net--located-within-the-centfal-cdmillercia-l-ciistrictr as
defined in section 4 2, and whose business is primarily for the sale of products
containers for consumption off the premises during such hours as their stores
{2) Convenience stores operating specialty retail shops or stores located
within the central commercial district, as defined in section '1 2, primarily for the
sale of products other than alcoholic beverages may makc sales of beer and
}thh ,-ster��egaily remai-n_epenfgrte sale of other goods; except for specialty
"�"^J �" '^' "r" y e r r �
beer or wine shall be permitted on Sunday.
verages by the following establishments
12:00 noon to 10:00 p.m.:
Cafeterias;
b. Coffee shops and sandwich shops.
arc weekdays, including Saturday, from 7:00 a.m. to 3:00 a.m. on the following
day; Sunday, fro
a. Bars;
b. Bottle clubs;
c. Restaurants;
d. Hotel, motel and apartments, with fewer than 100 guestrooms;
c. 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, arc
1:00 p.m. to 7:00 p.m.; providing further that these hours -„hall be extended -en
Sundays during the month of December until 10:00 p.m.
8
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 ar a
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.
Street. Area B is generally bound to the North by Oak Avenue from Allamanda
Street to MA ry Street Mani Street to the East includes both side of Gsnit
Avenue from Margaret Street to Mary Street, both sides of McFarlane Road from
Avenue to Commodore Plaza, including both sides of Commodore Plaza and
Fttlier--St-feet,-Acea-G-inslucles-t-he--42414-S-ide-ef-Maih-H-ighway-from-Ghafies
Avenue to Franklin Avenue.
{7) The city commission many extend the
beverages for consumption on or off the premises on special occasions by
resolution.
Zoning and Appeals Board ("PZAB") by process of exception, as set forth in thc
Miami 21 Code; and all nightclubs and supper clubs shall only be permitted by
process of exception, as set forth in thc Miami 21 Code, with final approval by the
city commission.
In determining the appropriateness of such uses, the PZAB and the city
commission shall take into consideration the recommendation of the planning
criteria:
of y emploee ,
, menu item ,oal of b„siness and otherpio oeratnal
N gr
characteristics pertinent to the application.
b. A parking plan which fully dcccribes where and how the parking is to be
provided and utilized, e.g., valet, self park, shared parking, after hour metered
9
commission or the PZAB may as part of the application, grant approval for 100
percent of the required parking to be,osated effsite 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
controlled.
d. A security plan for the establishment and any parking facility.
c. For establishments proposing capacities over 300 persons; a traffic study
and traffic circulation analysis and plan that details thc impact of projected traffic
f. A sanitation plan, which addresses on site facilities as well as off premises
g. Proximity of proposed establishment to residential uses.
h. If the proposed establishment is within 200 feet of residential uses: a noise
Notwithstanding the requirements set forth abov ,
Midtown area (as set forth in Appendix--C-of-theT" 2-1de, also known as
"SD 27") nor for the area -of
CRA areas.
section 1 11.
Sec. 1 1. Employees not to mingle with customers.
It shall be unlawful for employees er ehtcrtai-hcrs in places dispensing alcoholic
Sec. 1 5. Prohibiting sales, etc., during emergency.
be created or exist in thc city, causing of-tend-i-ng-to cause public disorder,
10
lawbr aking and confusion, the city manager is hereby authorized and
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 establishment)
intoxicating liquors and beverages arc 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
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
,
provisions of this section shall constitute a separate offense, and shall subject
every person guilty thereof to the penalty prescribed in section 1 13.
state. Every
ion -of this chapter, with the same force and
effect r, if the nrovi inns of s„ch lases were f„Ily set forth herein.
S'en /1 7 Distance separation Between and establishment within the
co . r--rvii-rvc-o "h'
Central Commercial Business District, the SD-8 Design Plaza Commercial
Residential District and combintion 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
business of such applicant is situated lesc than 500 feet from a place of business
with a prior alcoholic beverage license, such 500 foot distance to be measured
shed licensee to the front door of
the proposed place of business of the applicant along the route of ordinary
premises in that district designated as the combination residential and
commercial district, if the place of business of the applicant is situated less than
11
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,
forth shall not be applicable between liquor licensees and bccr and wine
licensees.
(b) Notwithstanding the above, said distance requirements may be reduced
(for consumption off premises only)
through the procedure in section 4 11(g).
Soc. 4 8. Same From residential districts.
No certificate of use and/or occupancy shall be issued to any applicant for the
(residential) district, unless such institution is so arranged and the building so
Genstructed and the business is so
S`c� O e From nh„rnhes and p„hlic schools in Central Commercial
District.
No certificate of usc and/or occupancy shall bc issued to any applicant for the
sale of liquor to be consumed either upon the premises or off the premises
and/or--fof-the-sale-of-beer--and-wine-to-be--Gelleumed-on-the-pfemises-i-114he
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 thc applicant,
on a parcel of land occupied by a church or parcel of land set aside for and used
be made along the route of ordinary pedestrian traffic.
residential commercial districts.
No certificate of usc and/or occupancy shall bc issued to any applicant for thc
sale of liquor to be consumed either upon the premises or off thc premises
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 thc method of m asurement that shall be applied to determine
by measurement made or taken from the main front entrance of the place of
12
busine-s to the nearest point on a parcel of land occupied by a church or a
purposes, and the measurement shall be made along the route of ordinary
pedestrian traffic.
Ses,11---1-1-Geptie-n-s-tre-el-ista-Ree-require-ments,
hotels, and motels with 50 or more guestrooms or to office buildings containing at
lea-st-G0,000-cquarc feet dev ,
said hotels, motels, and office buildings may contain places of business for the
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
sale of liquor and/or beer and wine as conducted does not open upon any public
street or sideway -,Not -mere -than one certificate of use and/or occupancy for
,
motel or office building.
(b) The restrictions as to distance as hereinabove set forth shall not be
where no sign or display is made to the outside indicating that alcoholic
least /1,000 square feet, having accommodations for service of 200 or more
et and suppliesfor
sopiin9gfull co„rse�{-� marIy; e "1
included in the ,O00
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
is entirely incidental to and in conjunction with the principal use of selling food,
' g that beer, wine, or
boor and wino are obtainable therein
(c) The restrictions hereinabove set forth shall not apply to private clubs,
13
(d) The restrictions as to distance between establishments as hereinabove
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
nonconforming to the provisions of section 4 9 and/or 4 10 of this chapter; in
s, ich case the proposed location shall he located at a greater distance from
church or school than the previously established location, but shall not
,
prioptothe change in location and the issuance of a certificate of „se and/or
occupancy.
(e) The restrictions as to distance as hereinabove set forth shall not be
applicable to waterfront specialty ccntcrs located on city owned property or to
individual tenants within the centers. Waterfront specialty centers may contain
percent of the center's tenants shall be issued certificates of use and/or
sign or display advertising that alcoholic beverages, bccr and/or wine aro
available therein small ppermmTedon the exterior of the waterfront specialty
center visible from a public right of way. Liquor, beer and wine licenses incidental
to restaurants shall be iscued pursuant to state law.
(f) The restrictions as to distance as hcrcinabovc sct forth shall not be
applicable to retail specialty ccntcrs 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
square feet of the retail component within the retail specialty center but in no
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
sign or display advertising that alcoholic beverages, bccr and/or wine arc
The exceptions and restrictions in this paragraph pertain only to retail specialty
14
centers as defined in section 4 2(a), not including the remainder of the multiuse
shall be iscucd pursuant to state law.
be modified by the zoning board following the procedures, requirements, and
filing fees for special exception review specified in zoning Ordinance No. 11000,
the following criteria:
(1) Whether there i ample off treet Ring on -the same site as is the
subject establishment or whether there is adequate off street parking off the cite
or whether there is adequate parking in combination.
ssu,biect-sTt, and hoer the s„bieet site is screened in terms of noire, odor and light
from these residential areas
(3) How, and to what extent, advertising signs on the establishment have
('l) How, and to what extent, the proposed establishment meets the standards
to be considered above.
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
be required.
(i) The restrictions as to distances between establishments herein above set
15
Location of alcoholic beverage establishments within entertainment districts shall
Alcoholic beverage establishments and churches shall be limited only by
distance requirements specified in this chapter. Distance limitations for Miami
(1) Intent. The intent of the entertainment specialty districts is to allow
within duly designatedareasof downtown. Te this- nd, d-ictan Aga e ents
within said districts shall be eliminated; however, a maximum cap of such
{2) Designated districts.The following district(s) are hereby legally described
as
• a. Brickcll Village. The Brickcll Village District is hereby legally described as:
Miami (8 41). All of Blocks 55S, 56S, 71S, 72S, 73S, and 71S.
b. Brickell Riverside. The Brickell Riverside District is hereby defined a�
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 'Y2, 9, 10, and 11.
Block 107A, Lots 8 12.
Block 108 1 ets 4 11
Miami (B 41). All of Blocks 53S and ES.
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 RIW 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
easy
An unplatted parcel bounded by the Miami River on the north, S.E. 5th street on
Brickell Point (8 93) on the east.
c D rl Wesf The Dark West District is hereby defined as folio � s:
Q�-177'7C—/ 1''G va. . ..v . mow. i� • �.�v. v... .. �... ... ...�. .�..� ... .�....��. �.� .�..�.. �.
16
Miami (8 41). All of Blocks 2N, 3N, 18N, 19N, 20N, 21N, 22N, 23N, 38N, 39N,
4 ON, '11 N, '12N, and 43N.
Howard Johnson Subdivision (79 89). Tract A.
Realty-Se-Gut/tics Corp. Subdivision (3-17) I ots o_16,
J.A. Dann's Subdivision (1 36). All of Blocks C and D.
Alice Baldwin, Jenny M. & Charles E. Oxar Subdivision Amended (8 87). All of
Block 16.
d. Media Entertainment. The Media Entertainment District is hereby legally
described as:
Waddell Addition (B 53).
All of. Block's 11.
Block 42, Lots 1, 4, 5, 8, 9, 12, and 13.
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.
c. Ovcrtown Entertainment. The Overtown Entertainment District is hereby
legally described as:
Miami (8 41).
Block 5N, Lots 5 and 6.
Block 6N I ets 1 and 7
Block 15N, Lots 1, 2, 19, and 20.
Block 25N, Lots 9 12.
Block 35N, Lots 1, 2, 19, and 20.
Block 15N, 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).
36, 37,'I1, and'15.
P.W. Whites Resubdivision
33,'10,111, and'18.
P.W. Whites Resubdivision
36, 37, 11, and 45.
Lots 1, 5, 12, 13, 20, 21, 28, 29,
of Block 26 (B 34). Lots 1, 8, 9, 16, 17, 2'I, 25, 32,
of Block 36 (B 34). Lots 1, 5, 12, 13, 20, 21, 28, 29,
entertainment specialty district shall be permitted a maximum number of
17
n,� �A��sj +disc{ The number of
within the boundaries of the district. The numbers of average sized blocks per
establishments may be lecated anywhere within thc 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.
6 Dark We6t district chaii havG�maKi-m-u-m-li-m-itation-ef 11 -establishments.
raj 7TOZ�a 'nF'rr'ft'G-Y
d. Media Entertainment district shall have a maximum limitation of seven
establishments.
c. Ovcrtown district shall have a maximum limitation of six establishments.
(1) Hours of operation. The hours of operation for thc sale of liquor shall be
rontrioted for o ch Entertainment District s follows•
i�v'cnvc�a�vr--�avr-r�rrcc:.Tazn ......+............ ............
a. Brickell Village district: liquor sales shall cease at 5:00 a.m.
b. Brickell Riverside district: liquor sales shall c ase 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.
c. Overtown district: liquor sales shall cease at 5:00 a.m.
establishment within a duly -designated district, thc property owner/applicant shall
ecial exception permits, shall be as required and set
department of planning and zoning shall apply the following supplemental review
a. An operational/business plan that addre-ses hours of operation, number
characteristics pertinent to the application.
18
b. . A parking plan whisk fully describes where and hew the parking is to be
spare and the manner in which the parking is to be managed By f lasr_11
100 percent of the required parking may be located offsite within a distance of
F0Teet frofho s„biect ectablishthepropos d ark g�s-to he us
11 m men _• s- lajerr rr
,
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
controlled
d. A security plan for thc establishment and any parking facility.
c. For establishments proposing capacities over 300 persons, a traffic
circulation analysis and plan that details thc impact of projected traffic on the
immediate neighborhood and how this impact is to be mitigated.
issues resulting from thc 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
i. The restrictions as to distance requirements set forth hereinabove shall
the city commission in 1980, and depicted in Exhibit "A" of Ordinance No. 11960
within each residential building, with an additional establishment allowed for
residential er mixed „se buildings containin
ncy for consumption on
}the ppremi e shal sued fo vne residential or mixer! „se 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
alcoholic beverage establishments within the cultural specialty district shall not
19
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
,
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 th aters,-nightclub, supperclub and bar uses to benefit from
close proximity to one another within the Southwest 8th Street corridor, from
nr bar „ e To this end di tance requirements within cairl district shall be
specified above.
2 „re of ep tion The hors of operation for the sale of Iiouor 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
stablishment within dul„ designated cultural district the property
Alp 1 1000 a amender: the zoning ordinance of the city, In revi
"cultural specialty district," the director of the department of planning shall apply
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
dew
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
lauildings-foc-this--funstiOn-sha-not-req-u-i-r-e-any-aeld-itle-nal-parkln-gi-howeverr 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,
a separate class II permit (in addition
20
required parking may be located offsite within a distance o€600 feet from the
subject establishment if the proposed parking is to be "self park," and a distance
"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 cntry into thc establishment, or alr ady 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 premise;
issues re „lting from the operation of the establishm
H. If the proposed establishment is within 200 feet of residential uses, a noise
(j) Reserved.
and othcr alcoholic beverage establishments, whether within or outside the
notwithstanding thc foregoing sections, distance limitations for public or private
skill centers, shall be 500 feet.
close proximity to one another within the Wynwood Cafe district. To this end,
,
,
member, partner, agent, officer or dircctor of any person or entity, who has or
seeL uch alcoholic beverage licences in this district
21
depicted in Exhibit "A
beverages shall be restricted for each establishment to no later than 3:00 a.m.
(1) Special permit required. In order to be granted a permit for such
owner/applicant shall obtain a class II special permit as specified in Ordinance
application for establishments serving alcoholic beverages the director of the
nightclub, restaurant, coffee shop, or bar, the fo
aPPI-314
,
b. Operational plan: An operational/business plan that addresses hours of
operation, number of employees, menu items, goals of business, and other
operational characteristi s pertinent to the application.
c. Parking: Irrespective of parking requirements specified in Ordinance No.
rc use of existing
and ho , the pnrC irnrg-is to be provided-and-weds.g ,yaaiet, soft park, shar
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
subject
alcoholic and beverage establishments, as adaptive rc bise of an existing
structure, any square footage uscd for kitchen and/or storagc argas will not be
counted towards parking requirements.
d. For establishments proposing capacities of more than 300 persons, an
inGloorieutelootrel-plan that addresses how large groups of people
22
waiting to gain entry into the establishment or already on the premises, will be
non+dorm olurid
c. A security plan for the establishment and any parking facility.
issues re lilting from the oporation of the establishment
uses.
attenuation plan.
(I) The restrictions as to distances between establishments as hereinabovc
Modern (MiMo)/Biscayne-Boulevard historic specialty district as defined in
section 4 2, subject to the following to the following limitations:
resemblance of its original appearance.
, ,
landscaping, painting, windows, doors, paving and parking areas, signage, and
awnings or canopies.
{3) Permitted main uscs. Restaurants, as defined in section 4 2, within
(il) Accessory uses. Restaurants, as defined in section 'I 2, which have a
minim„m of 30 seats and ore located within hotels+ apartment_hnotGls �r
r
apartments, or any nixed use in a rehabilitated property having a minimum of 30
apartment units or a -minimum of 30 hotel units and which arc located in the
Miami Modern (MiMo)/Biscaync Boulevard historic specialty district shall be
23
be 500 feet.
ten,he-intent the d1� t is to allow 15 establishments which may
from close proximity to one another within the district. To this end, distance
above. �r maxims im of 15 s ch �4 blishments lithin the hnl rndaries specified
below.
(2) Boundaries. T-hc district is described as shown in the area depicted
11 11• 11 11
•
(1) Special permit required. In order to be tented a -permit for such
owner/applicant shall obtain a cla°c II special permit as specified in zoning
in section 1305 of zoning ordinance no. 11000.
b. Operational plan. An operational/business plan that addresses hours of
operation, number of employees, menu items, goals of business, and other
c. Parking. Irrespective of parking requirements specified in ordinance
24
buildings shall be required to provide a parking plan which fully describes where
anti ho , the narking is to be provided -and used, vale o� , char
parking, after hour mete -red spaces, and thc manner in which the parking is to bo
managed. By a separate class II special permit (in addition to thc class II special
permit required for the subject establishment), 100 percent of the required
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
counted towards parking requirements.
d. For establishments proposing capacities of11lefe-than-300-persen-sTaR
indoor/outdoor crowd control plan that addres.,es 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.
issues resulting from the operation of the establishment.
uses.
i. If the proposed establishment is within 200 feet of residential uscs, 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
district, shall not be applicable to establishments within the district, as defined
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
requirements within said district shall be eliminated or modified, as described
25
(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."
beverages shall be restricted for ach establishment to
(1) Special permit required. In order to be granted a permit for such
establishments within1his designated cultural specialty district, the property
owner/applicant shall obtain a claw 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 thc director of the
planning department shall apply the following supplemental review guidelines
1 special permits as specified
restaurant, coffee shop, or bar, the following additional criteria shall apply:
nightclub, restaurant or bar, thc 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
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 thc 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
structure, any square footage used for kitchen and/or storage argas will not bo
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
26
waiting to gain entry into the establishment or alr dy on tho premises, will be
se ed.
c. A security plan for thc 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.
issues resulting from the operation of the establishment.
h A plan depicting proximity of the proposed establishment to residential
rises.
i If the props ed establishment is within 200 foot of_residential „ses noise
attenuation plan.
(o) Reserved.
,
and other alcoholic beverage establishments, whether within or outside thc
district, shall not be applicable to establishments within the Orange Bowl District,
as defined below and as designated by thc city commission. Alcoholic beverage
school as prescribed in section 4_10
of nightclub, supper club, restaurant, coffee shop, and bar uses to benefit from
close proximity to one another within the Orange Bowl District. To this end,
distance requirements within the Orange Bowl District shall be eliminated or
within the boundaries specified below.
(2) Boundaries. The Orange Bowl District is described as shown in thc arga
depict exhi"A" and a ho,em on the mop on exhibit "B
obever ges shall he restricted for each establishment to no later than 3:00 a.m.
An owner or operator may operate to no later than 5:00 a.m. upon issuance of an
exception, as sct forth in the zoning ordinance, with final approval by the city
commission.
establishments within the Orange Bowl District, the property owner/applicant
27
shall obtain a warrant as specified in thc zoning ordinance of thc city as
amended. An exception shall not be required unless the owner or operator
wishes to operate to no later than 5:00 a.m. In reviewing an -application for.
establishments se
a. Use requirements anti restrictions: To qualify to operate a supper club,
nightnl„h , resta„rant er bat ,the establishment must have a minimum of �0
,
seats Tn qualify fora coffee shop, the eStabli�
seats.
operational characteristi s pertinent to the application.
c. Parking: Irrespective of parking requirements specified in 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
provided and used, e.g., valet, self park, shared parking, after hour metered
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
as long as the remaining criteria of the zoning ordinance arc established.
d. For establishments proposing capacities of more than 300 persons, an
indoor/outdoor crowd control plan that addresses how large groups of people
controlled.
c. A security plan for thc 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
g. A sanitation plan, which address,es on site facilities and off premises
h. A plan depicting proximity of the proposed establishment to residential
uses.
28
�. If the proposed establishment is within 200 feet of residential uses, a noise
attenuation plan.
t
churches and public schools.
„ tt
surveyor and/or civil engineer prior to the acceptance of an application for
certificate of use and/or occupancy.
Sec. 1-11-3 Centr I Rut iness District and Central Design rlistrint distance
i v t v� t t v � u .rota rTcn
requirements.
District as defined conherein
.
t +
re trintion 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
_ _. _ .. - - .. - . - - - - a?¢t t v Coro uTcrccr
(3) Sale of alcoholic beverages shall be incidental to the sale and
consumption of food.
('1) Total receipts from the sales of alcoholic beverages shall not exceed 19
Administrative Code) are regularly served
(6) Restaurants qualifying and holding a retail beverage or liquor store license
gc-o-r his designee for the
purpose of determining that such restaurants arc complying with the
aforementioned requirements.
29
(7) The restaurant shall have no signs advertising such retail beverage or
visible from the exterior of any such restaurant.
restaurant linen a in con unction with hicch4t is i� d
,Sec A 1 it Reg„irements for restaurants
(a) A re ta„rant cafeterio er eeffe shop/sandwich shop, as defined herein,
(1) Sale of beer and wine shall be incidental to thc sale and consumption of
fa
in conjunction with the principal and primary consumption of meals.
must be maintained on a daily basis.
(3) Records of all purchases and gross retail sales of food and non alcoholic
be maintained separately.
premises, or other designated place approved in writing by the city for a period of
officer of the city. The city shall approve written requeA
business office, open eight hours per work day, of a corporate officer, attorney, or
for-#fie-l+sen-see-the records req i ed- to be kepi#all-be-legible, clear and
readable.
(6) The required percentage shall be computed by adding all gro-s sales of
food, non alcoholic beverages, and alcoholic beverages and thereafter dividing
that „m into the total of the gross sales of f
comply with any request by thc city to audit or inspect the annual receipts of the
establishment for purposes of verifying the percentage of alcoholic beverage
sales.
30
without the need of a secondary Tight 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 afterthehours of serving food.
s 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
(e) Penalty. The penalty for violation of this section is a fine not exceeding
both such fine and imprisonment.
Sec.415 '140. served.
Sec. 4.1. Definitions
a. References to State law:
Words in this Chapter defined in the Beverage Law defined
hereunder or regulations enacted thereunder, as in effect at the enactment of this
Ordinance, shall have those meanings, provided that such words that are also
specifically defined in this Chapter shall have the meaning contained in this
Chapter to the extent that it is not in conflict with state law.
31
ii. Nothing in this Chapter is intended, and shall not be
construed, to expand or modify the nature, content or limitations of any License,
as set forth in the Beverage Law, of any Licensed Establishment.
iii. Words and abbreviations used in reference to the Beverage
Law or regulations enacted thereunder, including the different types of licenses
issued by the Division, shall have the meaning given those words and
abbreviations by state law in effect at the enactment of this Ordinance, provided
that if the use or definition of these words or abbreviations are amended by the
Beverage Law or regulations enacted thereunder, such words or abbreviations
shall be interpreted according to the comparable amended statutory or regulatory
provision unless the plain wording of the amended statutory or regulatory
provision bars such meaning.
b. General definitions:
"Alcoholic Beverage" means any kind of alcoholic beverage
defined as such under the Beverage Law or regulations enacted thereunder, as
they may be amended from time to time. Alcoholic Beverages include, but are
not limited to, beer, wine, and liquor.
ii. "Beverage Law" means Chapters 561 through 565, 567 and
568 of the Florida Statutes.
"Consumption on the Premises" or "COP" means
consumption of Alcoholic Beverages on the premises of a Licensed
Establishment in any manner, including, but not limited to, by the drink, bottle,
can, or other receptacle.
32
iv. "Establishment" means a for -profit or not -for -profit business
in any legal form, including, as the context requires, its owners, officers, directors,
agents, employees and control persons, and the space occupied by such
business.
v. "Exception" has the same meaning as it is defined in the
Miami 21 Code.
vi. "Full -Course Meal" means a meal consisting of three (3) or
more courses, including but not limited to soup, salad, vegetable, entree, beverage
and bread, all prepared on the premises.
vii. "Accountable Space" means the space that involves human
presence including the kitchen pantries, storage rooms, and restrooms, but
excluding any patio or other outside serving area without a permanent roof.
viii. "License" means a license issued by the Division of Alcoholic
Beverages and Tobacco of the Department of Business and Professional
Regulation, State of Florida, pursuant to the Beverage Law, to Sell Alcoholic
Beverages as provided for in the particular License.
ix. "Licensee" means a person or entity holding a License.
x. "Licensed Establishment" means an Establishment operated
by a Licensee or under the authority of a License. The different kinds of
Licensed Establishments specifically referred to in this Chapter and not
specifically defined in the Beverage Law have the following meanings:
(A) "Bar" means a Licensed Establishment that is
principally engaged in the Sale of Alcoholic Beverages for Consumption on the
33
Premises and that, as an incidental aspect of its business, may Sell food. The
term "Bar includes, but is not limited to, nightclubs, supper clubs, and lounges,
whether or not such Licensed Establishments offer live or recorded music or
other forms of entertainment, and also includes a Licensed Establishment that
utilizes a caterer's license for the purposes of Selling Alcoholic Beverages.
(B) "Cafeteria" means a Licensed Establishment that is
principally engaged in the sale of -food to patrons by self-service, and that, as an
incidental aspect of its business, Sells Alcoholic Beverages for Consumption on
the Premises.
(C) "Coffee Shop" or "Sandwich Shop" means a Licensed
Establishment that is principally engaged in the Sale of light meals and non-
alcoholic beverages, that lacks the capacity and equipment to offer Full -Course
Meals, and that, as an incidental aspect of its business, Sells Alcoholic Beverages
for Consumption on the Premises.
(D) "Licensed Retail Store" means a Licensed
Establishment that is principally engaged in the retail sale of products other than
Alcoholic Beverages and that Sells Alcoholic Beverages in sealed containers for
consumption off premises, and includes, but is not limited to, supermarkets,
grocery stores, convenience stores, and the like.
(E) "Package Store" means a Licensed Establishment
that is permitted under its License solely to Sell Alcoholic Beverages in sealed
containers only for consumption off premises, and that may sell other products.
34
(F). "Restaurant" means a Licensed Establishment that is
principally engaged in serving Full -Course Meals for consumption on the premises,
that is classified by the City for local business tax purposes as a Restaurant, that is
advertised and held out to the public to be a Restaurant, that prepares Full -
Course Meals in a full service kitchen with a commercial stove, refrigerator, and
oven, that serves Full -Course Meals on a regular basis from a prepared menu,
that, as an incidental aspect of its business, Sells Alcoholic. Beverages for
Consumption on the Premises by the drink for Consumption on the Premises, that
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
inclusive of seating at bars, counters, or cocktail tables, each of whose surfaces
are at least 24 inches by 24 inches per seat, and that does not attempt to
circumvent the intent of this subsection by an artifice or scheme such as serving
of "stock meals," which term shall include, but not be limited to, cold plates,
snacks, hors d'oeuvres, microwave oven heated foods, or previously prepared
sandwiches.
xi. "New Licensed Establishment" means a Licensed
Establishment operated or to be operated pursuant to a License not previously
issued to the Licensee for that Licensed Establishment.
xii. "Sell", "Sale", and "Sold" mean (i) any transfer of an
Alcoholic Beverage for any type of consideration, (ii) any gift of an Alcoholic
Beverage in connection with, or as a part of, a transfer of property other than an
35
Alcoholic Beverage for a consideration, or (iii) the serving of an Alcoholic
Beverage by a Licensee, and shall include offers to Sell.
"Warrant" has the same meaning as it is defined in the Miami
Definitions related to geographical areas and establishments
i. "Central Business District" or "CBD" means that area of the City as
depicted in the. Miami Comprehensive Neighborhood Plan.
ii. "Retail Specialty Center" means 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. The term
"multiuse development" means a development with:
1. Approval for retail use and at least one (1) of the following types of uses: hotel,
residential, movie theater, or office use;
2. A unified plan of development that 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 property management.
"Waterfront Specialty Center" means a building or buildings on
City -owned property with adjacent on -site parking spaces, common property
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
36
retail shops.
iv. "Specialty Districts" means those areas described in Section 4-5
herein.
v. "Coconut Grove" means the area depicted in Appendix A, Section
3.1 of the Miami 21 Code (Coconut Grove Neighborhood Conservation District NCD-
3). The central commerical district of this area is bounded by Biscayne Bay to the
east and predominantly single-family housing to thenorth, west, and south; major
vehicular traffic from and to nearby municipalities bisect this area; and the central
commercial district, in which Establishments are located and are likely to be located in
the future, lies close to and includes schools and religious facilities, creating special
risks associated with the effects of consumption of alcoholic beverages on the
premises of such Establishments.
Sec. 4-2. Restrictions on Hours of Sale
a. The purpose of this section is to establish limits on the times during
which Alcoholic Beverages may be Sold in a Licensed Establishment.
b. Alcoholic Beverages may be Sold:
between the hours of 7:00 a.m. and 12:00 a.m. midnight,
Monday through Saturday and 12:00 p.m. noon and 12:00 a.m. midnight Sunday
in the following locations:
(A) Package Stores.
ii. between the hours of 7:00 a.m. and 12:00 a.m. midnight,
seven (7) days per week in the following locations:
(A) Licensed Retail Stores;
37
(B) Cafeterias;
(C) Coffee or Sandwich Shops.
iii. between the hours of 7:00 a.m. and 5:00 a.m., seven (7)
days per week in the following locations:
(A) Licensed Establishments within the Brickell Village
Entertainment District, the Brickell River Entertainment District, the Media
Entertainment District, and the Overtown Entertainment District, as those areas
are defined in Section 4-6.
(B) Licensed Establishments permitted to Sell Alcoholic
Beverages for Consumption on the Premises with an extended hours permit as
set forth in Section 4-4.
iv.
locations:
(A)
24 hours per day, seven (7) days per week in the following
Licensed Establishments located within the Park West
Entertainment District as defined in Section 4-6.
v. between the hours of 7:00 a.m. and 3:00 a.m., seven (7)
days per week in the following locations:
(A) Licensed Establishments located within Coconut
Grove. Notwithstanding any contrary language in this Article, the hours of
operation for Licensed Estalbishments located in Coconut Grove may not be
deviated from or extended.
(B) All Licensed Establishments not covered in Sections
4.2(b)(i) through 4.2(iv).
38
Sec. 4-3. Required Distance Separations for New or Relocated Licensed
Establishments
a: The purpose of this Section is to establish distance separations
between (i) New Licensed Establishments and any previously operated Licensed
Establishment that discontinues or abandons its operations for a period of six (6)
months or more and (ii).another establishment orbuilding described herein
("Other Building").
b. Distance separations as set forth in this section are to be measured
from the center of the main entrance of an existing Licensed Establishment to the
center of the main entrance of the Other Building along the shortest route of
lawful pedestrian traffic.
c. Unless exempted under Section 4-3(d), New Licensed
Establishments shall be required to meet the following distance separation
requirements:
No New Licensed Establishment shall be permitted to
operate at a location not within the CBD that is less than 1,500 feet from an
existing Licensed Establishment located within the City.
ii. No New Licensed Establishment shall be permitted to
operate at a location within the CBD that is Tess than 500 feet from an existing
Licensed Establishment.
39
No New Licensed Establishment shall be permitted to
operate Tess than 300 feet from an existing bona fide religious facility that has an
active Certificate of Use.
iv. No New Licensed Establishment shall be permitted to
operate less than 300 feet from an existing educational facility with students aged
18 or younger.
v. No New Licensed Establishmentpermitted by License to Sell
Alcoholic Beverages for Consumption on the Premises shall be permitted to
operate at a location that is Tess than 500 feet from any single-family or duplex
residence.
d. The following Licensed Establishments shall be exempt from the
distance separation requirements set forth in Section 4-3(c):
A New Licensed Establishment permitted by License to Sell
Alcoholic Beverages for Consumption on the Premises, if:
(A) Such Licensed Establishment is located (i) within a
hotel, motel, or apartment -hotel with 50 or more units or (ii) within an office building
containing at least 60,000 square feet devoted to and maintained for office space;
(B) The Sale of Alcoholic Beverages for Consumption on
the Premises is entirely incidental to the principal uses of the building in which such
Licensed Establishment is located-
(C) No sign of any type exhibited or displayed to the
outside of the building in which the Sale of Alcoholic Beverage occurs expressly or
implicitly indicates that Alcoholic Beverages of any type are obtainable therein; and
40
(D) The area within the building in which the offer or Sale
of Alcoholic Beverages occurs does not open upon any public street or sidewalk.
ii.
Space, if:
(A)
A Restaurant occupying at least 2,500 square feet of Usable
No sign of any type exhibited or displayed to the
outside of the building housing the Restaurant expressly or implicitly indicates that
Alcoholic. Beverages of any type areobtainable therein;
(B) The Restaurant has accommodations for service of 150 or
more patrons at tables or bar areas with a dimension of at least 24 inches by 24 inches
per patron seat where Full -Course Meals are served; and
(C) The Restaurant has all necessary equipment and supplies
for regular serving of Full -Course Meals,
An existing Licensed Establishment that is moved to a new
location 300 feet or Tess from its existing location, if the new location is further the
kind of Other Building than the previous location was, even of the new location is
not in compliance with respect to the distance separation from that kind of Other
Building.
iv. Licensed Establishments within Specialty Districts subiect to
the provisions contained in Section 4-6.
e. Notwithstanding the provisions of Section 4-3(c), distance
separation requirements as set forth therein may be reduced by up to a
maximum of thirty percent (30%) by Warrant issued by the Planning Director, or
by a maximum of eighty percent (80%) by Exception issued by the PZAB. An
41
application for a Warrant or Exception shall be governed by the procedures,
requirements, and filing fees specified in the Miami 21 Code, as amended,
including any appellate relief. In making a decision on a request to reduce
distance separation requirements, the Planning Director or PZAB, as applicable,
shall specifically review, and make written findings concerning whether the
applicant has satisfied, each of the following criteria:
That the Licensed Establishment will be adequately
screened in terms of noise, odor, and light from nearby residential areas and
uses in accordance with Chapter 36 of the City Code.
ii. That the Licensed Establishment presents a parking plan
that fully describes where and how 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, and that provides for adequate parking so
that reduction of distance separation requirements would not likely have a
material adverse effect on existing congestion.
f. That the Licensed Establishment meets the standards in Article 4,
Table 12 of the Miami 21 Code.
g•
The required distance separation between a new Package Store
and another Licensed Establishment may be modified or eliminated upon the
granting of an Exception by the Planning, Zoning, and Appeals Board ("PZAB")
following the procedures, requirements, and filing fees as specified in the Miami
21 Code, as amended, including any appellate relief. In making this decision, the
42
PZAB shall specifically review, and shall make written findings concerning
whether the applicant has satisfied, each of the following criteria:
That the required parking is either on -site or within a %8-mile
radius of the new Package Store.
ii. That the Licensed Establishment is adequately screened in
terms of noise, odor, and Tight from any nearby residential areas and uses in
accordance with Chapter 36 of the City Code.
That the Licensed Establishment meets the standards in
Article 4, Table 12 of the Miami 21 Code.
Sec. 4-4. Special Provisions Concerning Bars
a. No new Bar shall be permitted to operate as such unless:
It is granted an Exception to operate as such by the PZAB;
ii. It intends to operate as such in the Midtown area (as set
forth in Appendix C of the Miami 21 Code), the CBD, or any Specialty District and
is granted a Warrant to operate as such by the Planning Department as set forth
in the Miami 21 Code; or
It is expressly permitted by this Chapter to operate by right.
b. A new or Existing Bar in any area other than Coconut Grove may
be permitted to Sell Alcoholic Beverages until as late as 5:00 AM upon the
granting of an Exception by the PZAB, which shall take into consideration the
requirements of Article 4, Table 12 of the Miami 21 Code and the proximity of the
Bar to residential uses, shall give due consideration to the recommendation of
43
the Planning Department, and shall specifically review, and make written findings
concerning whether the applicant has satisfied, each of the following criteria:
That the Bar's written operational/business plan ("Plan")
adequately addresses hours of operation, number of employees, menu items,
goals of business, and other operational characteristics pertinent to the
application.
ii. That the Plan adequately addresses the following additional
matters:
(A) safety issues within the Bar, including risk of
fire from combustible materials and comparable safety issues.
(B) Parking to be provided and utilized (e.g., valet,
self park, shared parking, after -hour metered spaces) and the management of
parking.
(C) Security for the Bar, the outside of the Bar, and
any parking facility.
(D) Sanitation, both on -site and for the surrounding
area.
(E) For Bars with capacities over 300 persons,
indoor/outdoor crowd control, with respect to both persons waiting to gain entry
and persons already on the premises.
(F) For Bars with capacities over 300 persons,
vehicular traffic, including an analysis of existing traffic concentration and
44
circulation and the effect of the increased hours on traffic in the immediate
neighborhood and the mitigation of such effects.
(G) For Bars to be located within 200 feet of any
residential use, the noise impact on the surrounding area, including a defined
plan to sequester noise inside, the agreement not to create outside noise and
demonstrated compliance with the City's noise ordinance.
Sec. 4-5. Specialty Districts
a. Cultural Specialty Districts.
The City has previously designated five (5) areas within the City as Cultural
Specialty Districts for the purpose of spurring economic growth and the
development and strengthening of cultural awareness in these areas. These
areas are the SW 8th Street Corridor District, the Wynwood Cafe District, the
Osun's Village Cultural Specialty District, the Lemon City/Little Haiti French
Creole Cultural Arts and Entertainment District, and the Orange Bowl District,
each area bounded as set forth in the respective City ordinances creating such
Districts.
The provisions of Section 4-3(c) shall not apply to Bars,
Restaurants, or Coffee or Sandwich Shops within any Cultural Specialty District,
subject to the following requirements:
(A) There shall be permitted to operate within each
Cultural Specialty District the following number of such Bars, Restaurants, or
Coffee or Sandwich Shops:
(1) SW 8th Street Corridor District: 15;
45
(2) Wynwood Cafe District: 25;
(3) Osun's Village Cultural Specialty District: 15;
(4) Lemon City/Little Haiti French Creole Cultural
Arts and Entertainment District: 20;
(5) Orange Bowl District: 8.
b. Specialty Entertainment Districts
The City has previously designated five (5) areas within the City as Specialty
Entertainment Districts for the purpose of spurring appropriate economic growth
in these areas. These areas are the Brickell Village, Brickell Riverside, Park
West, -Media Entertainment, and Overtown Districts, each area bounded as set
forth in the respective City ordinances creating such Districts.
The provisions of Section 4-3(c) shall not apply to Bars,
Restaurants, or Coffee or Sandwich Shops within any Specialty Entertainment
District, subject to the following requirements:
(A) There shall be permitted to operate within each
Specialty Entertainment District the following number of such Bars, Restaurants,
or Coffee or Sandwich Shops:
(1) Brickell Village: 15;
(2) Brickell Riverside: 5;
(3) Park West: 11;
(4) Media Entertainment: 7;
(5) Overtown: 6.
46
c. Miami Modern (MIMO)/Biscayne Boulevard Historic Specialty
District
On June 6, 2006, the City's Historic and Environmental Preservation Board
("HEPB") designated an area of the City as the Miami Modern (MiMO)/Biscayne
Boulevard Historic Specialty District. The area is bounded as set forth in the map
contained at http://www.-
historicpreservationmiami.corn/pdfs/2011 %20map%20updates/MiMo Miami21.p
df.
The provisions of Section 4-3(c) shall not apply to
Restaurants or Coffee or Sandwich Shops within the Miami Modern
(MiMO)/Biscayne Boulevard Historic Specialty District, subject to the following
requirements:
(A) No Restaurant shall be entitled to take advantage of
the elimination of the distance requirements otherwise applicable unless:
(1)
(2)
It has a minimum of 30 seats;
It is located in a historic structure that has
made significant improvements to the exterior surface in order to make the
structure look more like it originally looked; and
(3) It has received a certificate of appropriateness
under Chapter 23 of the City Code.
d. No Licensed Establishment located in a Specialty District shall be
permitted to operate as such without first obtaining a Warrant, as specified in the
Miami 21 Code, as amended. In reviewing an application for a Warrant for such a
47
Licensed Establishment within any Specialty District, the Planning Director shall
specifically review, and make written findings concerning whether the applicant
has satisfied, each of the following criteria:
i. That the Licensed Establishment's written
operational/business plan ("Plan") adequately addresses hours of operation,
number of employees, menu items, goals of business, and other operational
characteristics pertinent to the application.
ii.
matters:
(A)
That the Plan adequately addresses the following additional
safety issues within the Licensed
Establishment, including risk of fire from combustible materials and comparable
safety issues.
(B) Parking to be provided and utilized (e.q., valet,
self park, shared parking, after -hour metered spaces) and the management of
parking.
(C) Security for the Licensed Establishment, the
outside of the Licensed Establishment, and any parking facility.
(D)
area.
(E)
Sanitation, both on -site and for the surrounding
For Licensed Establishments with capacities
over 300 persons, indoor/outdoor crowd control, with respect to both persons
waiting to gain entry and persons already on the premises.
48
(F) For Licensed Establishments with capacities
over 300 persons, vehicular traffic, including an analysis of existing traffic
concentration and circulation and the effect of the increased hours on traffic in
the immediate neighborhood and the mitigation of such effects.
(G) For Licensed Establishments to be located
within 200 feet of any residential use, the noise impact on the surrounding area,
including a defined plan •to sequester noise .inside, the agreement not to create
outside noise and demonstrated compliance with the City's noise ordinance.
(H) For Licensed Establishments in a Cultural
Specialty District, the specific cultural activities, either visual or performing, to be
included at the Licensed Establishment.
e. Within one (1) year of the adoption of this Ordinance, as amended,
the Planning Department shall report to the City Commission on the effects of the
designations of each of the Specialty Districts described herein on economic
growth, cultural awareness, and public safety and welfare, and the City
Commission will thereafter determine which, if any, Specialty Districts shall be
modified or discontinued.
Sec. 4-6. Specialty Centers
a. The location and distance separation requirements under Section
4-3(c) shall not apply to Licensed Establishments located in a Waterfront
Specialty Center or in a Retail Specialty Center, subject to the provisions of this
Section.
49
b. Licensed Establishments located in a Waterfront Specialty Center
are allowed by right and are not subject to any distance separation requirements,
provided that:
Within any one (1) Waterfront Specialty Center, not more
than 50 percent of the Waterfront Specialty Center's tenants are issued
certificates of use permitting service of Alcoholic Beverages, and
ii. No sign of any type exhibited or displayed to the outside of
the Waterfront Specialty Center expressly or implicitly indicates that Alcoholic
Beverages of any type are obtainable therein.
c. Licensed Establishments located within a Retail Specialty Center
are allowed by right and are not subject to any distance separation requirements,
provided that:
The total number of Licensed Establishments do not exceed
one (1) such Licensed Establishment per 20,000 gross square feet of the retail
component within the Retail Specialty Center but in no event may exceed five (5)
such Licensed Establishments within one (1) Retail Specialty Center;
ii.
operation;
Such Licensed Establishments serve food during all hours of
Such Licensed Establishments provide one (1) full-time
security guard on said premises per each 100 seats or fraction thereof during
those hours of operation when Alcoholic Beverages are Sold for Consumption on
the Premises; and
50
iv. No sign of any type exhibited or displayed to the outside of
the Retail Special Center expressly or implicitly indicates that Alcoholic Beverages
of any type are obtainable therein.
Sec. 4-7. Miscellaneous Provisions
a. Strict compliance with the regulations of this Chapter is required
and deviations by process of covenant are prohibited, provided that any covenant
between the City and a Licensed Establishment entered into prior to the adoption
of this Ordinance, as amended, and that allowed the use of the property as a
Restaurant with a 4COP Quota license may continue in existence for twenty (20)
years and, upon application, the City Commission may grant by Exception an
extension for continuance of a covenant for one (1) additional twenty (20) year
term, but the covenant shall lapse and be of no further force or effect if the
Licensed Establishment discontinues or abandons its operations for a period of
six (6) months or more or if the covenant lapses by its terms.
b. It shall be unlawful for an employee of, or entertainer at, a Licensed
Establishment to mingle or fraternize with the customers or patrons of such
Licensed Establishment.
c. Whenever, in the opinion and judgment of the City Manager, 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 of Alcoholic Beverages for and during a period of 24 hours, or
such longer period of time as may be described in such decree, at all Licensed
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Establishments. In the issuance of such decree, the City Manager shall have the
fact of the issuance and the contents of such decree published on the Internet,
publicized by the police, provided to radio and TV stations, and otherwise given
publicity as quickly and as widely as shall be feasible. It is hereby declared to be
illegal for any Licensed Establishment to Sell or permit the Consumption on the
Premises of any Alcoholic 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.
*
Article II. In General
Division 1. Generally.
Sec. '1 11. "Nightclub" defined.
building establishment and operated for the purpose of providing meals and
entertainment or dancing, and where such place of business operates after 11:00
p.m., and where meals, alcoholic beverages and refreshments prepared on the
band or live orchestra music or dancing shall be provided daily during the months
of November, December, January, February and March during any four hour
Sec. '1 42. Service of m als and refreshments required; minimum space
requirements.
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refreshments arc prepared and served on thc premises in connection with
vaudeville or theatrical entertainment or dancing, which is also required. Space
maintained at all times.
(b) Any existing establishment, used as a nightclub as of September 30,
sulaseotion--(a)--of4his--section,--Thisioesupant-oententr pertaining -to -both -meals
existing g structure. If, during an ,
forth in subsection (a) of this section.
de•c. ^r43 Access to-premisosbpolice.
It shall be unlawful for any person to refuse or prevent or attempt to prevent
officer of the city, during any hour in which a nightclub is open for business.
,
considered and applied by thc tr asury management division of finance
(1) State licensurc: The applicant must provide a copy of a valid and current
license from the Florida Department of Business and Profeccional Regulation.
(i.e., 4 COP).
(.2) Bus ins tax receipt-histoty: T lc business taxi ece pt histy y of the
applicant; whether such person in previously operating in this or another state
suspended and the reasons therefor
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building department stating that the proposed use of any premises is not a
violation of city planning, building and zoning regulations.
deb. A ^—t- 45. Ref al of new business ax,-receinf anrge eft name on -busing s
tax receipt for certain convictions during preceding year.
(a)-----No-nightd-u-b-business-tax-reGeiPt-s-hall-be-ntlwly-i-S-S-61-€47-11GF-S-hall-the
during a business tax receipt year at the location of any establishment that
previously possessed a nightclub business tax receipt when the holder or any
managing agent or employee of the holder of a nightclub business tax receipt at
such location has been convicted of a violation of this chapter or the alcoholic
one year period prior to any application or request therefor.
(b) A designation of the conviction relied upon by thc city under the foregoing
paragraph may be obtained by request made to the office of the city manager.
(c) Any person subject to the foregoing provision may request and obtain a
commission may authorize or deny the, issuance of a new nightclub business tax
receipt to such person or grant or refuse the request for a change of name on a
nightclub busines tax -receipt providing any applicable provision of section 31 35
i f, ilfillerd relative to „ch reg„ect fora change of name
Renewal of a nightclub business tax receipt for each year shall require a current
certificate of use and a valid and current license from thc Florida Department of
i3, isiness and Professional Regulation Division of Alcoholic Beverages and
ncramc� �wrr�tr-r-cu��aCtrrQrr�ry ., ..�.. .... , ,....... .. �........ ..,.y........... ....
Sec.-1 '17. Suspension and revocation of certificate.
Where it is found that the building code requirements and zoning requirements,
contrary to the writtcn statements of the owner or operator, thc certificate of use
days or until such condition is corrected to conform with the aforementioned
codes and regulat'
regulations exist for a period longer than 30 days, the certificate of use issued to
such operator or owner by the city shall be revoked.
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convictions during prcceing licensing year.
(a) No nightclub business tax receipt shall be issued, reissued or renewed at
previously possessed a nightclub busine°z tax receipt when the holder or any
managing agent or employee of the holder of a nightclub business tax receipt at
such location has been convicted of a violation of this chapter or thc alcoholic
•beverage laws of tho of t li� r' the city business tax year immediately
preceding such new licensing year.
paragraph may be obtained at or before the tart of the b sinesc tax year or pr ioTr
the city manager.
before the city manager, as a result of which hearing the city manager may
as may be presented concerning thc previous and thc proposed operation of
suoh_nighto tion of the city manager authorizing or de y ng the
such__hea-ring-shall be find Tho request for a h ring must be received by the
city manager within 30 days after the start of the new business tax year, unless
the-provicienc of this section, s operating without a
current nightclub business tax receipt, solely due to the provisions of this section,
pending the hearing before the city manager.
Secs. 4 '19 '1 7-5-Rc.,crved.
Division 2. Employees.
patrons.
request or permit any person engaged directly or indirectly as an entertainer in
the establishment or in any room or place connected therewith to contact or
accociatc with thc patrons of such establishment, room or place for any purpose
whatsoever.
55
Section 3. If any section, part of section, paragraph, clause, or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance
shall not be affected.
Section 4. This Ordinance shall become effective 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 (10) 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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