HomeMy WebLinkAboutProposed Draft Ord.6/3/14 draft
..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," MORE
PARTICULARLY BY RESCINDING ARTICLES I AND II ENTITLED "IN GENERAL/NIGHTCLUBS", IN ITS
ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW ARTICLE I THAT CREATES REGULATIONS
RELATING TO THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
..Body
WHEREAS, on January 28, 2010, the Miami City Commission authorized the then -sitting
City Commissioners to appoint an Alcohol 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 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 rendered an initial report to the City Commission in February 2013; 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, the the City Administration has made such modifications to the draft
ordinance approved by the Committee as the Administration deemed necessary to conform to
City policies and usages, while preserving in substantial part the draft approved by the
Committee; 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
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
6/3/14 draft
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 places of business; and
WHEREAS, the City chooses to exercise its authority provided under state law to
regulate the sale and service 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, 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/Articles I and II of the City Code, entitled "Alcohols/In
General/Nightclubs", are repealed in their entirety and are amended in the following
particulars:{1}
"CHAPTER 4
ALCOHOLIC BEVERAGES
ARTICLE 1. IN GENERAL
Sec. 4.1. Intent.
a. The intent of this chapter is to regulate the retail sale and consumption of alcoholic
beverages within the City of Miami to the maximum extent permitted a
municipality by Chapter 562, Florida Statutes, as amended.
b. The intent of this chapter is that its provisions be interpreted broadly to achieve
their regulatory purpose.
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Sec. 4.2. Definitions.
a. General Terms:
i. Alcohol: beer, wine, liquor and any other beverage defined and regulated in Chapter
XXXIV of the Florida Statutes, as amended, as an "alcoholic beverage."
ii. Coconut Grove: area of City of Miami described in Exhibit "A" to this Chapter.
Design District: of City of Miami described in Exhibit "A" to this Chapter.
iv. Industrial District: any area of the City zoned as D-1, D-2 or D3.
v. Mixed -Use District: any area of the City zoned as T4-L, T4-0, T5-L, T5-0, T6-L, T6-0,
CI -HD, CS or Cl.
vi. Residential District: any area of the City zoned as T3-R, T3-L, T3-O, T4-R, T5- R or T6-
R.
vii. Downtown: area of City of Miami described in Exhibit "A" to this Chapter.
viii. Establishment: a for -profit or not -for -profit entity in any legal form, including a sole
proprietorship. As the context requires, also includes the Establishment's owners,
officers, directors, agents, employees, and control persons, and the space occupied
by such business.
ix. Exception: a permit that may be granted solely pursuant to the procedure
established in section 7.1.2.6 of the Miami 21 Code, as amended, as more fully set
forth herein.
x. Incidental Use: a Use that is not the Principal Use of the Licensed Establishment.
xi. License: a license issued by the Division of Alcohol and Tobacco of the Department
of Business and Professional Regulation, State of Florida, pursuant to the Florida
Beverage Law, as amended, to Sell Alcohol at retail.
xii. Licensed Establishment: an establishment with a License.
xiii. New Licensed Establishment: a Licensed Establishment to be operated pursuant to a
License not previously issued to the licensee for that location or pursuant to a
License for a Licensed Establishment that has discontinued or abandoned its
operations for a period of six (6) months or Tess.
xiv. Principal Use: a Use that generates more revenue than any other Use in the normal
lawful operation of the Licensed Establishment.
xv. Sell, Sale, and Sold:
(a) a transfer of Alcohol for consideration,
(b) a gift of Alcohol in connection with, or as a part of, a transfer of other property
for consideration,
(c) the serving of Alcohol by a licensee, or
(d) an offer to Sell.
xvi. Use: as used in this Chapter, unless the context dictates otherwise, a lawful purpose
or activity engaged in by a Licensed Establishment.
xvii. Warrant: a permit that may be granted solely pursuant to the procedure established
in Section 7.1.2.4 of the Miami 21 Code, as amended, as more fully set forth herein.
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b. Certain Categories of Licensed Establishments
Bar: a Licensed Establishment that, as its Principal use, Sells Alcohol for
consumption on the premises, and that sells food as an Incidental Use, but not
including a Licensed Establishment with a 4COP or 4COP-SRX License. Restrictions
on new Bars are contained in Section 4.5 of this Chapter.
ii. Ancillary Establishment for Lodging or Residential Uses: a Licensed Establishment
within a lodging building, residential building, or other mixed use facility containing
a minimum of 50 lodging or residential units, and which, as an Incidental use, Sells
Alcohol for consumption on the premises.
iii. Ancillary Use for Food Service Establishments: A food service establishment's Sale of
Alcohol for consumption on the premises as an Incidental use, but not a Restaurant.
iv. Licensed Retail Store: a Licensed Establishment principally engaged in the retail sale of
products other than Alcohol and, as an Incidental use, Sells Alcohol in sealed
containers for consumption off premises.
v. Package Store: a Licensed Establishment with the Principal use the Sale of Alcohol in
sealed containers only for consumption off the premises.
vi. Restaurant: a Licensed Establishment that meets the following criteria:
(a) as its Principal use, prepares on site and sells full -course meals for consumption
on the premises;
(b) is licensed by the State as a restaurant;
(c) is classified by the City for local business tax purposes as a restaurant;
(d) provides seating for at least 20 patrons with standard height dining room tables
or booths of adequate size to accommodate the service of 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
(e) does not attempt to circumvent the intent of this subsection by an artifice or
scheme such as serving of stock meals, such as cold plates, snacks, hors
d'oeuvres, microwave oven heated foods, or previously prepared sandwiches.
vii. Retail Specialty Center: the retail component of a multiuse development containing
a mixture of retail shops and eating places and occupying a minimum of 50,000
square feet of net leasable area. "Multiuse development," as used here, shall mean
any development with:
(a) Approval for retail use and at least one (1) of the following types of uses:
lodging, residential, assembly hall or office use;
(b) A unified plan of development which shall include, but not be limited to, plans
providing for the different uses in the development to be physically integrated
through direct access from one to the other;
(c) Parking provided by an on -site enclosed garage; and
(d) All project uses under common management.
viii. Waterfront Specialty Center: a building or buildings abutting and linked to a
navigable water body, with:
(a) a minimum of 50,000 square feet of leasable area and containing a mixture of
eating places, entertainment facilities and specialty retail shops;
(b) on -site parking spaces;
(c) a unified plan of development, and
(d) all project uses under common property management.
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Sec. 4-3. Restrictions on Hours of Sale and Consumption in Licensed Establishments.
a. The purpose of this section is to regulate the hours of operation and the Sale and
consumption of Alcohol for the particular categories of Licensed Establishments.
b. Unless expressly exempted or modified under this Section 4-3, the following are
the hours during which Alcohol may be Sold by or consumed at Licensed
Esta blish me nts:
Establishment Type
Days
Beginning
Ending
Condition or Note
Bar with extended hours
(by Exception subject to
Section 4.3(c))
Mon — Sun
7:00 am
5:00 am
Ancillary use for food
service establishments
Mon — Sun
11:00 am
10:00 pm
Package Store
Mon — Sat
7:00 am
12:00 am
Sun
12:00 pm
12:00 am
Cultural Specialty Districts
(see section 4.6) except
Orange Bowl
Mon- Sun
7:00 am
3:00 pm
Subject to
section 4-6(b)
Orange Bowl Cultural
Specialty District
Mon -Sun
7:00 am
5:00 am
Subject to
section 4-6(b)
Entertainment Specialty
Districts (see section 4.6)
except Park West
Mon -Sun
7:00 am
5:00 am
Subject to
section 4-6(b)
Park West Entertainment
Specialty District
Mon -Sun
24 hrs
24 hrs
No more than 11
licensed establishments
permitted
All Licensed Establishments
not specifically mentioned
above.
Mon - Sun
7:00 am
3:00 am
c. Licensed Establishments permitted to Sell Alcohol for consumption on premises
may not serve new drinks within 45 minutes before the applicable ending time, and
must clear patrons from the Licensed Establishment by the applicable ending time.
d. Subject to the requirements of Section 4-2(b), the ending time under Section 4-3(a) for a
Bar, except a Bar located in Coconut Grove as defined herein, may be extended until as late
as 5:00 AM upon the granting of an Exception by the Planning, Zoning and Appeals Board
(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, shall consider public
comments and input, 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'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 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.
e. Notwithstanding any other provision of this Chapter, the City Commission, by resolution,
may modify, for special occasions, the "beginning" and "ending" hours for any category of
Licensed Establishments.
Sec. 4-4. Required Distance Separations for New or Relocated Licensed Establishments.
a. The purpose of this Section is to establish distance separations for New Licensed
Establishments and relocated Licensed Establishments.
b. Distance separations as set forth in this Section are to be measured from the center of the
main entrance of the New or relocated Licensed Establishment to the center of the main
entrance of the referenced building along the shortest route of lawful pedestrian traffic.
c. Unless expressly exempted or modified under this Section 4-4, New Licensed
Establishments shall be required to meet the following distance separation requirements:
District or
Zoning Use
Category of Licensed
Establishment (LE)
Minimum Distance
Provision
Conditions and Notes
Residential District
Consumption on
premises (COP)
No LE/COP within 500
feet of the border of any
Residential District
Unless modified by
Exception because of
abatement of sounds,
vibrations and odors.
Mixed -use and
Industrial Districts
All
1,500 feet between LEs
Not applicable between
new and existing LEs
serving liquor for COP, or
between new and
existing LEs serving beer
and wine for COP only
Downtown and
Design District
All
500 feet between LEs,
including LEs in other
Not applicable between
new and existing LEs
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District or
Zoning Use
Category of Licensed
Establishment (LE)
Minimum Distance
Provision
Conditions and Notes
municipalities
serving liquor for COP or
between new and
existing LEs serving beer
and wine for COP only
Religious Facilities in
Downtown
COP
300 feet
Limited to an existing
bona fide religious facility
that has an active
Certificate of Use issued
by the municipality in
which located
Religious Facilities in
Mixed Use and
Industrial Districts
All
1000 feet
Limited to an existing
bona fide religious facility
that has an active
Certificate of Use issued
by the municipality in
which located
Educational Facility
in Downtown
All
300 feet
Limited to licensed
educational facility with
students 18 years or
younger
Educational Facility
in Mixed Use and
Industrial Districts
All
1000 feet
Limited to licensed
educational facility with
students 18 years or
younger
d. Exemption for Particular New Licensed Establishments. The following New Licensed
Establishments shall be exempt from the distance separation requirements otherwise
applicable:
i. One (1) Licensed Establishment, where the sale of Alcohol for consumption on the
premises is an Incidental Use of:
(a) Office building containing at least 60,000 square feet used as office space;
(b) Hotel;
(c) Motel;
(d) Apartment -Hotel with 50 or more guestrooms; provided that no sign of any
type exhibited or displayed to the outside of the building in which the Sale of
Alcohol occurs expressly or implicitly indicates that Alcohol of any type are
obtainable therein, and the area within the building in which the offer or Sale of
Alcohol occurs does not open upon any public street or sidewalk.
ii. A Restaurant with a valid State -issued 4COP-SRX license.
iii. Licensed Establishments within Specialty Districts subject to the provisions
contained in Section 4-6 herein.
iv. Licensed Establishments within Specialty Centers subject to the provisions
contained in Section 4-7 herein.
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e. Warrants or Exceptions to Minimize Required Distances. Otherwise applicable distance
separation requirements 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 application for a Warrant or Exception shall be
governed by the procedures, requirements, and filing fees specified in Section 7.1.2.4
and Section 7.1.2.6, respectively, of the Miami 21 Code and Chapter 62 of the City Code,
as amended, including any appellate relief. In making a decision on a request to reduce
distance separation requirements, the Planning Director and PZAB, as applicable, shall
specifically review, and make written findings concerning whether the applicant has
satisfied, each of the following criteria:
i. 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), 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 traffic or
pedestrian congestion.
iii. That the Licensed Establishment meets the applicable standards in Article 4, Table
12 of the Miami 21 Code.
f. Exemption for New Package Store. 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 PZAB following the procedures, requirements, and filing
fees as specified in Section 7.1.2.6 of the Miami 21 Code and Chapter 62 of the City 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:
i. That necessary 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
light from any nearby residential areas and uses in accordance with Chapter 36 of
the City Code.
iii. That the Licensed Establishment meets the applicable standards in Article 4, Table
12 of the Miami 21 Code.
Sec. 4-5. New Bars.
a. No New Licensed Establishment shall be permitted to operate as a Bar unless it meets
one or more of the following criteria:
i. It is granted an Exception to operate as such by PZAB pursuant to the provisions of
Section 7.1.2.6 of the Miami 21 Code, as amended;
ii. It is granted a Warrant to operate as such by the Planning Director pursuant to the
provisions of Section 7.1.2.4 of Miami 21 Code, as amended, and intends to operate
in one (1) of the following three areas:
(a) the Midtown area (as set forth in Appendix C of the Miami 21 Code),
(b) Properties with T-6 zoning, as set forth in the Miami 21 Code, located within the
Southeast Overtown/Park West and Omni CRA areas,
(c) Downtown, or
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(d) any Specialty District.
iii. It is expressly permitted by this Chapter to operate by right as a Licensed
Establishment in a Specialty Center.
Sec. 4-6. Specialty Districts.
a. Cultural Specialty Districts (CSD)
b. The distance limitation provisions of Section 4-4, other than distance from licensed
educational facilities serving students 18 or younger, which shall be 500 feet, shall not
apply to the Cultural Specialty Districts (CSD) or Entertainment Specialty Districts
previously created by the City by individual ordinance, but the maximum number of
Licensed Establishments Selling Alcohol for consumption on the premises in each such
District shall be:
i. the SW 8th Street Corridor CSD District, 15
ii. the Wynwood Cafe CSD District, 25, no more than 13 of which may be owned or
controlled by any one individual
iii. the Osun's Village Cultural CSD Specialty District, 15
iv. the Lemon City/Little Haiti French Creole Cultural Arts and Entertainment CSD
District, 20
v. the Orange Bowl CSD District, 8
vi. Brickell Village ESD District, 6
vii. Brickell Riverside ESD District, 5
viii. Park West ESD District, 11
ix. Media Entertainment ESD District, 7
x. Overtown ESD District, 6
c. The hours of permitted Sale of Alcohol are as set forth in Section 4-3(b), but Bars located
in a Specialty District other than Park West must be closed during regular hours of
educational facilities located in the District.
d. No new Licensed Establishment intending to Sell Alcohol for consumption on the
premises and to be 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 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 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 Licensed Establishment, 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 Licensed Establishment, the outside of the Licensed
Establishment, and any parking facility.
(d) Sanitation, both on -site and for the surrounding area.
(e) 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.
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(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. The distance limitation provisions of Section 4-4 shall not apply to new Restaurants
within the Miami Modern /Biscayne Boulevard Historic Specialty District ("MiMO"),
bounded as set forth in the map described in Exhibit "A" to this Chapter, as long as each
such new restaurant:
i. has 30 or more seats,
ii. has received a certificate of appropriateness pursuant to Chapter 23 of the City
Code and:
(a) 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, or
(b) is located within hotels, apartment -hotels, or apartments, or any mixed use in a
rehabilitated property having a minimum of 30 apartment units or a minimum
of 30 hotel units.
f. Within one (1) year of the adoption of this Ordinance, as amended, the Director of
Planning & Zoning 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. 4-7. Specialty Centers.
a. 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 may be issued certificates of use permitting the Sale of
Alcohol.
b. Licensed Establishments located within a Retail Specialty Center are allowed by right and
are not subject to any distance separation requirements, if:
i. The total number of Licensed Establishments does 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. During all hours of operation, they serve food for sale, in addition to serving snacks
customarily made available for free by Licensed Establishments serving Alcohol for
consumption on the premises;
iii. They each provide one (1) full-time security guard on said premises per each 100
seats or fraction thereof during those hours of operation when Alcohol is sold for
consumption on the premises.
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Sec. 4-8. Miscellaneous Provisions.
a. Consuming Alcohol on the public streets or vacant lots, or in Licensed Establishments
solely licensed to sell Alcohol for consumption off the premises, is unlawful and
prohibited.
b. The City Manager may declare an exemption from the prohibition of consuming Alcohol
on the public streets and declare it inapplicable on special occasions. Such special
occasions shall require a special event permit with any associated notice that may be
required pursuant to the applicable provisions of the City Code.
c. 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.
d. Strict compliance with the provisions of this Chapter is required, and deviations by
process of covenant or any other legal instrument 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
from the date of the adoption of this ordinance 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.
e. Any Licensed Establishment previously issued permission by the City to operate as a
supper club during those hours with a valid and active Certificate of Use and otherwise
complying with the requirements of a legal nonconforming use pursuant to Miami 21
may, for an additional 20 years from the date of enactment of this Ordinance, continue
for an additional twenty (20) years upon application to the City and issuance of an
Exception by the City Commission, but the license and legal nonconforming status 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 license otherwise
lapses by its terms.
f. All Licensed Establishments shall prominently display and make promptly available in
separate printed form to all police, fire and code enforcement personnel, the
Establishment's state -issued alcoholic beverage license in full, and its City -issued
certificate of use in full, including all undertakings, limitations, Exceptions, Warrants or
other components of the certificate of use.
g. Every violation of the laws of the state relating to the sale at retail of alcoholic beverages
is hereby specifically made a violation of this chapter, with the same force and effect as if
the provisions of such laws were fully set forth herein.
*,,
Section 3. If any section, part of a 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}
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APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
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.
12
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