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Ordinance
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3500 Pan American
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Miami, FL 33133
www.miamigov.com
File Number: 10-00419
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
4/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," MORE PARTICULARLY BY
AMENDING SECTION 4-2, ENTITLED "DEFINITIONS", TO AMEND THE
DEFINITION OF THE TERM "CONVENIENCE STORE" AND SECTION 4-3,
ENTITLED "HOURS DURING WHICH SALES ARE ALLOWED; SUNDAY SALES",
TO LIMIT THE HOURS FOR THE RETAIL SALE OF ALCOHOLIC BEVERAGES
FROM CONVENIENCE STORES; CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, convenience stores may currently make sales of beer and wine in sealed
containers for consumption off the premises during such hours as their stores legally remain open for
the sale of other goods; and
WHEREAS, most of the convenience stores located in the City of Miami are open twenty-four
(24) hours a day and seven (7) days a week, meaning that alcoholic beverages are offered for sale at
all hours of the day and night; and
WHEREAS, the curtailment of the hours of the sale of alcoholic beverages from convenience
stores will promote the health, safety, and general welfare of these areas and their inhabitants,
visitors, property owners, and workers; will establish, maintain, and preserve property values and
preserve and foster the development of attractive neighborhood and business environments; will
reduce crime rates and the opportunities for the commission of crime; and will provide improvements
in neighborhoods so they are defensible against crime;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 4, Article I of the Code of the City of Miami, Florida, as amended is
amended in the following particulars: {1}
"CHAPTER 4
ALCOHOLIC BEVERAGES
ARTICLE I. IN GENERAL
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*
Sec. 4-2. Definitions
*
(a) For the purposes of this sestise chapter, the following words and phrases shall have the
meanings respectively ascribed to them, the type of license required by the state is indicated in
parenthesis:
*
Convenience stores: A retail business opened primarily for the sale of products other than beer
or wine and which may sell beer and wine in sealed containers only for consumption off
premises including convenience stores as accessory or companion uses with gas stations,
primarily for the sale of products other than alcoholic beverages may make sales of beer and
wine in sealed containers for consumption off the premises. Grocery stores and shopping
centers are considered to be convenience stores for purposes of this chapter.
*
Sec. 4-3. Hours during which sales allowed; Sunday sales.
(a) No distributor or vendor of intoxicating or alcoholic beverages or any employee thereof, on the
licensed premises, shall sell, serve, offer to sell, allow to be consumed or deliver any alcoholic
beverages to any person, except during the following hours:
(1)
such hours as their-stores-legally-remai en for the le of other good . The hours of sale for
alcoholic beverages by a convenience store or specialty retail shops operating as defined in
section 4-2 above, including convenience stores as accessory or companion uses with gas
stations, primarily for the sale of products other than alcoholic beverages, are weekdays,
including Saturdays, from 7:00 a.m. to 12:00 midnight; Sundays from 1:00 p.m. to 7:00 p.m.;
providing further that these hours shall be extended on Sundays during the month of December
until 10:00 p.m.
(2)
consumption off the premises during such hours as their stores legally remain open for the sale
centers, no such sales of beer or wine shall be permitted on Sunday. Reserved
(3) The hours of sale for alcoholic beverages by the following establishments are weekdays,
including Saturday, from 11:00 a.m. to 10:00 p.m.; Sunday, from 12:00 noon to 10:00 p.m.:
a. Cafeterias;
b. Coffee shops and sandwich shops.
(4) The hours of sale for alcoholic beverages by the following establishments are weekdays,
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File Number. 10-00419
including Saturday, from 7:00 a.m. to 3:00 a.m. on the following day; Sunday, from 12:00 noon
to 3:00 a.m. on the following day:
a. Bars;
b. Bottle clubs;
c. Restaurants;
d. Hotel, motel and apartments, with fewer than 100 guestrooms;
e. Private clubs;
f. Any of the establishments (above) in a retail or waterfront specialty center.
(5) The hours of sale for alcoholic beverages by a liquor package store, are weekdays,
including Saturdays, from 7:00 a.m. to 12:00 midnight; Sundays from 1:00 p.m. to 7:00 p.m.;
providing further that these hours shall be extended on Sundays during the month of December
until 10:00 p.m.
(6) The hours of sale for alcoholic beverages by the following establishments are weekdays,
including Saturday, from 7:00 a.m. to 5:00 a.m. on the following day; Sunday, from 12:00 noon
to 5:00 a.m. on the following day, except in the SD-2 Coconut Grove Central Commercial
District where the hours of sale for alcoholic beverages by the following establishments are
weekdays, including Saturday, from 7:00 a.m. to 3:00 a.m. on the following day; Sunday, from
12:00 noon to 3:00 a.m. on the following day:
a. Nightclubs;
b. Supper clubs;
c. Hotels, motels and apartments with 100 or more guestrooms;
d. Any of the establishments (above) in a retail or waterfront specialty center.
The City Commission may extend the above hours of sale for alcoholic beverages for
consumption on or off the premises on special occasions by resolution.
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2}
APPROVED AS TO F—O • i CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY GV"`
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Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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