HomeMy WebLinkAboutSubmittal-Review Committee Draft Ordinanceoozna
Committee Final
..TITLE
AN ORDINANCE OF THE K8hAM| CITY COMMISSION AMENDING CHAPTER 4 OF
THE CODE OF THE CITY OF K8hAM[ FLORIDA, AS AMENDED, ENTITLED
"ALCOHOLIC BEVERAGES.^MORE PARTICULARLY BYRESCINDING ARTICLES |
AND U ENTITLED ^|N GENERAL/NIGHTCLUBS", IN ITS ENTIRETY AND
SUBSTITUTING IN LIEU THEREOF NEW ARTICLES THAT CREATE REGULATIONS
RELATING TO THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES;
C[}MTA|M|M{] A 8EKERA8|L|TY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
'Body
WHEREAS, onJanuary 28.2O1U.the Miami City Commission authorized
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, as amended ("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 ofthe Committee were VV.Tucker Gibbs, Chairman;
Richard E. Brodsky, Vice -Chairman; JoamGoymnws; Robert Holland; Richard Kuper; and
Steven Penioone;and
WHEREAS, the Committee held numerous public meetings between February
2O1Oand November 2O12;and
WHEREAS, the meetings included input from citizens impacted bvalcoholic
beverage serving establishments, owners and operators of alcoholic beverage serving
ma1mb|inhmen\s. City officials and staff, and the general public; and
WHEREAS, alcoholic beverages have been consumed all over the world
throughout recorded history, and both the attractions of and associated dangers of
alcoholic beverages are well known; and
VVHEREA8, there is o need to regulate the nmha 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 pnob|emo, family dioondmro, acts of violence and destruction of property,
and risk todrinkers' 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 ofalcoholic 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
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Committee Final
WHEREAS, abate law provides the basic rules governing the aa|n of alcoholic
beverages within the 8Caha 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
VVHEREA8, the goal of the City is to foster an environment in which its residents
and visitors are able bzenjoy thepub|icaa|mandoonsumpUnnofo|coho|iobeveragea
and ensure that any regulations be simple, understandable, and reasonably calculated
to mitigate the negative effects of excessive alcoholic beverage consumption; and
VVHEREA8, 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 10Chapter 4ofthe 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 4ofthe City Code;
NOW, THEREFORE, BE|TORDAINED BYTHE COMMISSION [JFTHE CITY
OFM|AM[FLORIDA:
Section 1. The noobm|s and findings contained in the Preamble to this
Ordinance are adopted by reference and incorporated as fully set forth in this Section.
Section2. Chapter 4/Adic|mo|and Uofthe City Code, entitled "Alcoholic
Beverages/in Gene ral/N ig htclu bs", are repealed in their entirety and are amended in the
following particulars:(1)
iCHAPTER4
ALCOHOLIC BEVERAGES
ARTICLE 1. IN GENERAL
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Sec. 41. Definitions.
8. General definitions:
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i "Alcoholic Bevonoqm^means any kind ofalcoholic bmvooage
defined as such under the Beveraqe Law or reciulations enacted thereunder, as they
may be amended from time to time. Alcoholic Beveraqes include, but arenot limited to,
beer, malt, wine, and liquor.
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Todd B'Hsmnpn
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Committee Final
ii "BeweraqeLam/ means Chapters 5O1 1hrouqh5G5.567and 560
of the Florida Statutes.
iii "Consumption onthe Premises" or"COF'means Consumption nf
Alcoholic Beveraqes on the Premises of a Licensed Establishment in any manner,
inn|udinQ, but not limited to, bythe drink, bott|e, can, or other receptacle.
iv. "Establishment" means afor-profit nrnot-hor-Vrofitbusiness inany
|aqa|fonn. indud|nq, as the context requires, its owners, officors, dinyobxrs, aqenta.
employees and control persons, and the space occupied bysuch business.
V. "Exception" has the same meaninq as it is defined in the Miami 21
Code.
vi ^FuU-CourneMmm|"means ameal consistinqmfthree (3)ormore
courses, includinq but not limited to soup, salad, veqetable, entree, beveraqe and bread,
all prepared onthe Premises.
vii "Accountable Space" means the space that involves human
presence incJudinOthe kitchen panthes, ob/naOenoome. and n*shoomo, butomdudinq any
patio orother outside oen/inqarea without apermanent roof.
viii ^Ucemse^means mlicense issued by the Division of Alcoholic
Beverages and Tobacco of the Department of Business and Professional Regulation,
State of Florida, pursuant to the Beveraqe Law, to Sell Alcoholic Beveraqes as provided
for inthe particular License.
ix. "Licensee" means a person or entity holdinq a License.
X. "Licensed Establishment" means mnEstablishment operated bya
Licensee orunder the authority ofmLicense. The different kinds ofLicensed
Establishments specifically referred to in this Chapter and not specifically defined in the
BevermqeLaw have the following mmaninps:
A\ ^Bar"means oLicensed Establishment that iaprincipally
enqaqedinthe Sale ofAlcoholic Bevenoqemfor Consumption nn
the Premises and that, msanincidental aspect nfits business, may
Sell food. The term "Bar" includes, but is not limited to, niqhtc|ubo.
supper clubs, and |ounqea.whether ornot such Licensed
Establishments offer live orrecorded music nrother forms of
en1edoinmerd, and also includes Licensed Establishment that
utilizes acaterer's license for the purposes ofSeUinq Alcoholic
Beve,aqea.
0B\ "Cafeteha^means aLicensed Establishment that is
principally engaqedinthe sale cffood &opatrons byse|f-sen/ims,
and that, ooanincidental aspect ofits business, Sells Alcoholic
Bavenaqeafor Consumption onthe Premises.
(C) "Coffee Shop" qr"Sandwich Shop" means mLicensed
Establishment that is principally enqaqed in the Sale uf|iqht nnea|m
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and non-alcoholic bmvenaqen.that lacks the capacity and
equipment to offerFu|4Course N1ea|s, and that, as an incidental
aspect ofits business, Sells Alcoholic 0everoqeofor Consumption
onthe Premises.
/D1 "Licensed Retail Store" means Licensed Establishment
that ioPrincipally enqaqedinthe retail sale pfproducts other than
Alcoholic Bevenogeoand that Sells Alcoholic Beveraqeoinsealed
containers for consumption off premises, and includes, but |onot
limited to, supermarkets, qponen/stores, convenience stores, and
the like.
/E\ ^PachoqeStore" means aLicensed Establishment that is
permitted under its License solely toSell Alcoholic Beveroqenin
sealed containers only for consumption off premises, and that may
sell other. products.
(F) "Reobuunant"means oLicensed Establishment that ie
principally enqaqedinaenvinqFull-Course Meals for consumption
on the premises, that ieclassified bythe City for local business tax
purposes emaRestaurant, that iaadvertised and held out 0mthe
public 0obeoRestaurant, that prepares Full -Course Meals inofull
service kitchen with o commercial otove, reYhqenabor.ond ovmn,
that serves Full -Course Meals onopequ|orbasis from aprepared
menu, that, amanincidental aspect ofits business, Sells Alcoholic
BevenaVemfor Consumption qnthe Premises bythe drink for
Consumption onthe Premises, that provides aeatinqfor atleast 20
patrons with standard heiqhtdininq room tables orbooths of
adequate size 10accommodate the service ofFull-Course Meals in
accordance with the number ofchairs found at the table, with such
seating inclusive ofoeatinq at baro, nountero, or cocktail tmb|eu,
each ofwhose surfaces are otleast 24inches by24inches per
seat, and that does not attempt tocircumvent the intent ofthis
subsection byanartifice orscheme such omoerv|n0of"stock
mea|o.''which term shall include, but not belimited to, cold plates,
snacks, hors d'oeuvnaa.microwave oven heated foods, or
Previously Prepared sandwiches.
xi. "New Licensed Establishment" means oLicensed Establishment
to be operated pursuant to a License not previously issued to the Licensee for that
Licensed Establishment or pursuant to a License for Licensed Establishment that has
discontinued or abandoned its operations for a period of six (6) months or more.
xii "Sell", "Sale", and "Sold" mean (i) any transfer ofmn Alcoholic
Beveraqe for any type of consideration, (ii) any qift of an Alcoholic Beveraqe in
connection vvith, or as a port of, m transfer of property other than on Alcoholic Beverage
for a consideration, or NO the servinq of an Alcoholic Beveraqe by a Licensee, and shall
include offers tuSell.
Code.
xiii. "Warrant" has the same meaninq as it is defined in the Miami 21
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Committee Final
b. Definitions related to qeoqraphical areas and establishments
i "Central Business District" ��BD"means that area of the City as
depicted in the Miami Comprehensive Neiqhborhood Plan.
|i "Specialty Center" means mRetail Specialty Center ora"Waterfront
Specialty Center".
iii "Retail Specialty Center" means the retail component cfmmultiuse
development with a minimum of 50,000 square feet of net leasable area; such retail
oonmpnnontt000nhainornin1ureofnabai|nhnpnmndeoUnqp|ocem.Thmtenn^muKivam
development" means odevelopment with:
A\> Approval for retail use and cdleast one (1)ofthe foUowinqtypes
of uses: hotel, residential, movie theater, or office use;
(B) Aunified plan nfdevelopment that shall include, but not be
limited to, plans providinq for the different uses in the development to be
Physically inteqrated throuqh direct access from one to the other-,
(C) Parkinq provided by an on -site enclosed qaraqe; and
(D) All project uses under common property manaqement.
iv. "Waterfront Specialty Center" means obui|dinqorbuUdinqnonCity-
owned Property with odiacmnton'nita parWnq spaces, common nrupertynnanmqammnt. located
adjacent too naviqob|e water body, having m unified commercial plan of development, with o
minimum of 50,000 square feet of leasable area and containinq a mixture of eatinq places,
entertainment facilities and specialty retail shops.
V. "Specialty Districts" means those areas described inSection 4-8herein.
vi "Coconut Grove" means the area depicted inAppendix /\. Section 3.1 of
the Miami 21 Code (Coconut Grove Nmiqhborhmmd Conservation District NCO-3). The central
commercial district of this area is bounded bv Biscayne Bay to the east and predominantly
sinqle-familv housinq to the north, west, and south; major vehicular traffic from and to nearby
mmninina|ities 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
re|iqioua tmoi|idea, oreotinq special risks associated with the effects of consumption of alcoholic
beveraqes on the premises of such Establishments.
Sec. 4-2. - Consumption restricted on public streets or vacant lots.
a. ConnunninOalcoholic beveraqeoonthe public streets orvacant lots orin
Places solely licensed tovend alcoholic bevermqesfor consumption off the premises is
unlawful and prohibited.
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b. The city manogermay declare anexemption from the prohibition of
consuminq alcoholic beveraqes on the public streets and declare it inapplicable on
special occasions. Such special occasions shall require a special event permit with any
associated notice that may berequired,
Sec'4'3. Restrictions mmHours of Sale and Consumption imLicensed
a. NoAlcoholic Bmvmrmqeomay beSold orconsumed inthe foUowinqkinds
of Licensed Establishments except durinq the followinq times:
i between the hours of7:ODo.m.and 12:00a.m.midnight,Monday
thpouqhSaturday and 12:D0V.m.noon and 12:OOa.nn.midnight SundayinthofoUovvinq
(A) Paokoqe8honan.
ii between the hours of7:OOa.m.and 12:U0m.m.midniqhLseven
(7) days Per week in the followinq locations:
(A) Licensed Retail Stores,
(B) Cafeterias:
kC\ Coffee orSandwich Shops
iii. between the hours of7:UOa.m.and 3:0Oa.m..seven (7)days per
week in the followinq locations:
A\> Licensed Establishments located within Coconut Grove,
provided that, notwithnbandinq any|anquage in this Article tothe
contrary, the hours -of operation for Licensed Establishments
located inCoconut Grove may not beextended,
UB\ All Licensed Establishments not covered inSections 4-
3(m).
iv. between the hours of7:00o.m.and 5:O0a.nn,seven (7)days Per
week inthe fo|loxvnqlocations:
AA\ Licensed Establishments within the Bricke| VlUaqe
Entertainment District, the BhuheURiver Entertainment District, the
Media Entertainment District, and the Ovmdown Entertainment
District, aathose areas are defined inSection 4'0(b).
(B) Licensed Establishments permitted boSell Alcoholic
Bevmrmuesfor Consumption onthe Premises with anextended
hours permit paset forth inSection 4-5(b).
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` City Clerk
2/22/13
Committee Final
locations:
v. 24 hours per day, seven (7) days per week in the following
(A) Licensed Establishments located within the Park West
Entertainment District as defined in Section 4-6(b).
Sec. 4-4. Required Distance Separations for New or Relocated Licensed
Establishments.
a. The purpose of this Section is to establish distance separations between
New Licensed Establishments and another establishment or building 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 4-4(d) or (e), New Licensed
Establishments shall be required to meet the following distance separation requirements:
i. 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 less than 500 feet from an existing Licensed
Establishment.
iii. No New Licensed Establishment shall be permitted to operate less
than 300 feet from an existing bona fide religious facility that has an active Certificate of
Use issued by the municipality in which it is located.
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 Establishment permitted by License to Sell
Alcoholic Beverages for Consumption on the Premises shall be permitted to operate at a
location that is less 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 4-4(c):
i. A New Licensed Establishment permitted by License to Sell
Alcoholic Beverages for Consumption on the Premises, if:
(A) Such Licensed Establishment is located U 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;
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City Clerk
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Committee Final
(B) The Sale qfAlcoholic Beverages for Consumption onthe
Premises 1aentirely incidental hothe principal uses ofthe bui|dinq|n
which such Licensed Establishment is located,
(C) Nosign cfany type exhibited ordisplayed bothe outside of
the bai|dinq |nwhich the Sale ofAlcoholic Beveraqeoccurs
expressly orimplicitly indicates that Alcoholic Beveoaqannfany
type are obtainable therein; and
(0) The area within the buUdinqinwhich the offer nrSale of
Alcoholic Bgvmnoqesoccurs does not open upon any Public street
or sidewalk.
U. ARestorant occupyinq at least 2,500 square feet of Accountable Space,
(A) No sign ofany type exhibited or displayed to the outside of
the bui|dinq houoinq the Restaurant expressly or implicitly indicates
that Alcoholic Beveraqes of any type are obtainable therein;
(6) The Restaurant has accommodations for service cf15Onrmore
patrons at tables mbar areas with adimension 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
reqular servinq of Full -Course Meals.
iii An exabnq Licensed Establishment that is moved to m new
location 300 feet or less from its existinq location, if the new location is no further from
an Other Buildinq than the previous location was, even if the new location is not in
compliance with the required distance separation with respect tothe Other Building.
iv. Licensed Establishments within Specialty Districts subiacthothe
provisions contained in Section 4-6.
V. Licensed Establishments within Specialty Centers oubienthothe
provisions contained in Section 4-7.
e. Nqtwithetmndinuthe provisions ofSection 4'5(iii).distance separation
requirements as set forth therein may be reduced by up to a maximum of thirty percent
(30%) by Warrant issued by the Planninq Director, or by a maximum of eighty percent
(80%) by Exception issued by the PZAB. An application for a Warrant or Exception shall
be qoverned by the procedures, requirements, and filinq fees specified in the Miami 21
Codm, as amended, inn|udinq any appellate relief. In making mdecision on m request to
reduce distance separation requirements, the P|anninq Director or PZAB, as app|icob|e,
shall specifically review, and make written findinqs concerninq whether the applicant has
satisfied, each ofthe foUowinperiteria:
i That the Licensed Establishment will bmadequately screened in
terms of noine, odor. and light from nearby residential mnemu and uoma in acmnnjanom
with Chapter 3Goythe City Code.
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City Clerk
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Committee Final
ii. That the Licensed Establishment presents a parking plan that fully
describes where and how parking is to be provided and utilized (e.q., 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.
iii. That the Licensed Establishment meets the standards in Article 4,
Table 12 of the Miami 21 Code.
f. 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 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 1%-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.
iii. That the Licensed Establishment meets the standards in Article 4,
Table 12 of the Miami 21 Code.
Sec. 4-5. 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
iii. It is expressly permitted by this Chapter to operate by right as a
Licensed Establishment in a Specialty Center.
b. The time limitations for Sale or consumption of Alcoholic Beverages
applicable under Secrtion 4-3(a) to a new or Existing Bar in any area other than Coconut
Grove may be extended 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 the Planning Department, and shall specifically
review and make written findings concerning whether the applicant has satisfied, each
of the following criteria:
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i. That the Bar'mwritten operational/business plan ("P|mn^\
adequately addresses hours of operation, number of employees, menu items, qoals of
business, and other operational characteristics pertinent to the application.
matters:
ii That the Plan adequately addresses the foUow\nqadditional
A\ safety issues within the Bar, indud|nqrisk offire from
combustible materials and comparable safety issues.
(B) PmrdnQ&obeprovided and utilized (a.m,valet, self park,
shared parkinq.after-hour metered spaces) and the nnanoqennent
ofpadkino.
(C) Security for the Bar, the outside ofthe Bar, and any
parkinq facility.
(D) Sanitation, both on -site and for the surroundinq area.
(E) For Bars with capacities over 3OQpersons, indoor/outdoor
crowd contno|, with respect hoboth persons waitinqto qmin entry
and Persons already onthe premises.
(F) For Bars with capacities over 3OOpersons, vehicular traffic,
indudinq an analysis of mxistinqtraffic concentration and
circulation and the effect of the increased hours on traffic in the
immediate nmiqhbnrhoodand the mitiqoUonofsuch effects.
(G) For Bars toUmlocated within 2OOfeet ofany residential
use, the noise impact onthe surnoundinqarea, including adefined
plan to sequester noise ineidn, the awaement not to create
outside noise and demonstrated compliance with the City's noise
ordinance.
Sec. 4-6. Specialty Districts.
a. Cultural Specialty Districts.
i The City has Previously deoiqnatadfive (5)areas within the City
anCu|hmrm|8Peoia|h/OiotrictoforthapuFpooeofspuninqeconunnioqrowthondthe
development and strenqtheninq of cultural awareness in these areas. These areas are
the 8VV8m Street Corridor O\s1rinL the VVynvvood Caf6 District, the Ooun's ViUaqe
Cultural Specialty Diohict, the Lemon Q$/Litt|e Haiti French Creole Cultural Arts and
Entertainment District, and the Cranqe Bowl District, each area bounded as set forth in
the respective City ordinances creot1nQsuch Districts.
ii The provisions nfSection 4-4(:)shall not apply toBars,
Restaurants, or Coffee or Sandwich Shops within any Cultural Specialty District, subject
to the followinq requirements:
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Committee Final
(A) Thera shall be permitted booperate within each Cultural
8penio|h/ District the following number ofsuch Bero. Restaurants,
orCoffee orSandwich Shops:
1. 8VV8mStreet Corridor District: 15'
2. VVymwnodCaf6District: 25
8, Cjoun's ViUoOm Cultural Specialty District: 15;
4. Lemon Cih/8-itUe Haiti French Creole Cultural Arts and
Entertainment District: 20'
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5. Orange Bowl District: 8.
Specialty Entertainment Districts
i The City has Previously designated five (5)areas within the City
as Specialty Entertainment Districts for the purpose of spurring appropriate economic
growth |nthese areas, These areas are the BrinkmUViUope. BdokeU Rivenoide, Park
VVeet, Media Entertainment, and []vedovvn Diothctm, each area bounded as set forth in
the respective City ordinances creating such Districts.
ii The provisions ofSection 4-4(c)shall not apply boBars,
Restaurants, or Coffee or Sandwich Shops within any 80aoa|h/ Entertainment Diathot,
mubimd tothe 0oUowinq requirements:
(A) There shall be permitted to operate within each Specialty
Entertainment District the following number ofsuch Bmnu`
Restaurants, or Coffee or Sandwich Shops:
1. BhckeUViUoqe: 15,
2. BhnkeURiveneide: 5-
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3. Park West: 11;
4. Media Entertainment: 7
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5. Ovedown:G.
C. Miami Modern (MIMO)/Biscayne Boulevard Historic Specialty District
i [}nJune G.2UU0.the Cit/sHistoric 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
inthe map contained et
httpjNvwvv.historioprooarvationnnimnni.oVm/pdfm/2O119620mapq620updateo/&1iMo Miom)2
1.pdf.
ii The provisions of Section 4-4(c) shall not apply to Raobluronb$
within the K8ionni Modern (K4iyNC2)/Bimcoyne Boulevard Historic Specialty District, provided
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Committee Final
that no Restaurant shall be entitled to take advantacie of the elimination of the distance
requirements otherwise applicable unless:
(A) It has a minimum of 30 seats:
(B) |t)olocated inahistoric structure that has made ainnifinand
improvements to the exterior surfacinorder tomake the
structure look more like it oriqinalIV looked; and
(C) |thas received ecertificate ofappropriateness under
Chapter 23ofthe City Code.
d. NoLicensed Establishment located inaSpecialty District shall be
permitted to operate as such without first obtaininq a Warrant, as specified in the Miami
31 Code. as amended. In reviewinq an application for aWarrant for such m Licensed
Establishment within any 8paoio|hv District, the Honninq Director shall opno|OnmUy
review, and make written findinqs concerninq whether the applicant has satisfied, each
of the followinq criteria:
i That the Licensed Establishment's written operational/business
plan ("Plan") adequately addresses hours of operation, number ofemployees, menu
items, qoals of business, and other operational characteristics pertinent to the
matters:
ii. That the Plan adequately addresses the followinq additional
(A) safety issues within the Licensed Establishment, inn|udinq
risk of fire from combustible materials and comparable safety
issues.
(B) Podkingtwbaprovided and utilized (a.q,valet, self park,
shared pm,hing.after-hour metered spaces) and the nnmnaqennmnt
ofparkinq.
(C) Security for the Licensed Establishment, the outside ofthe
Licensed Establishment, and any Parking facility.
(D) Sanitation, both on -site and for the surroundinq area.
(E) For Licensed Establishments with capacities over 3OO
persons, indoor/outdoor crowd control, with respect 0oboth
persons waitinqto qoin entry and Persons already nnthe
premises.
/ Submitted into the public
12
'"="sr�c�=o° —~^~-=°�q
Todd B'Hannmm
zmam
Committee Final
(F) For Licensed Establishments with capacities over 30D
peraone, vehicular traffic, indudinq an analysis ofmximtinq tnaMin
concentration and circulation and the effect ofthe increased hours
ontraffic inthe immediate noiqhborhwod and the rnihciaUonof
such effects.
(G) For Licensed Establishments to be located within200 feet
o{any residential use, the noise impact onthe nunnundinqarea,
ino|udinOodefined plan tusequester noise inside, the aqreennmnt
not to onamta outside noise and demonstrated compliance with the
City'o noise ordinance.
(H) For Licensed Establishments in m Cultural Specialty
District, the specific cultural activities, either visual urperforminq.
tubeincluded atthe Licensed Establishment.
e. Within one (1)year ofthe adoption ufthis Ordinance, asamended, the
Planninq Department shall report to the City Commission on the effects of the
desiqnations of each of the Specialty Districts described herein on economic qrowth,
cultural avvarenann, and public safety and wm|fare, and the City Commission will
thereafter determine which. if any, Specialty Districts shall be modified or discontinued.
Sec. 4-7. Specialtv Centers.
a. The location and distance separation requirements under Section 4-4(c)
shall not apply to Licensed Establishments located in a Waterfront Specialty Center or in
o Retail Specialty Center, subject to the provisions of this Section 4-7.
b. Licensed Establishments located ineWaterfront Specialty Center are
allowed by r|qht and are not subject to any distance separation requipemenb;, provided
i Within any one (1)Waterfront Specialty Center, not more than 5O
percent of the Waterfront Specialty Center's tenants are issued certificates of use
pmmnitUnqservice ofAlcoholic Bmvermqos.and
C. Licensed Establishments located within a Retail Specialty Center are
allowed by riqht and are not subject to any distance separation requirements, provided
i. The total number ofLicensed Establishments donot exceed one
(1) such Licensed Establishment per 20,000 qross 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',
operation-,
ii. Such Licensed Establishments serve food durinq all hours of
' Submitted into the public
13
record inconn
ection ��'
i�m��
�2on 0-5��//�
Todd B'Hannmn
City Clerk
u12unx
Committee Final
iii Such Licensed Establishments provide one (1)fuU-bme security
quard on said premises per each 100 seats or fraction thereof during those hours of
operation when Alcoholic Beveraqes are Sold for Consumption on the Premises; and
Sec. 4-8. Miscellaneous Provisions.
a. kshall beunlawful for anemployee of, or entertainer at, aLicensed
Establishment tom|nqleorfraternize with the customers orpatrons ofsuch Licensed
b. Strict compliance with the regulations oythis Chapter iorequired and
deviations by process of covenant are prohibited, provided that any covenant between
the City and o 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 Citv Commission may qrant by Exception an extension for continuance
o{mcovenant for one (1)additional hwenh/(2U)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.
Section 3. Ifany section, part ofosection, paragraph, clause, mrword ofthis
Ordinance is declared imvo|id, the remaining provisions of this Ordinance shall not be
affected.
Section 4. This Ordinance shall become effective thirty (3O)days after final
reading and adoption thereof.{2l
APPROVED AS TO FORM AND CORRECTNESS:
JUL|EQ.BRU
CITY ATTORNEY
..Footnote
{1\ Words and/or figures stricken through shall bodeleted. Underscored words
and/or figures ahmU be added. The remaining provisions are now in effect and remain
unchanged. Asterisks indicate omittadand unchanged material.
(2) This Ordinance shall become effective as specified herein unless vetoed bythe
Mayor within ten (1U)days from the date dwas passed and adopted. |fthe Mayor
vetoes this Ordinance, itshall become effective immediately upon override ofthe veto by
the City Commission or upon the effective date stated herein, whichever is later.
/ Submitted into the public
�
14 / record i ^~~^'~~�'
| '"=""su°�2"" 0�'~~~"°
Todd 0.Hannon
City Clerk