HomeMy WebLinkAboutO-13435City of Miami
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Ordinance: 13435
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00144zt Final Action Date: 2/27/2014
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL,"
MORE PARTICULARLY BY AMENDING SECTION 4-11, ENTITLED, "EXCEPTIONS
TO DISTANCE REQUIREMENTS," TO INCREASE THE NUMBER OF
ESTABLISHMENTS PERMITTED IN THE WYNWOOD CAFE DISTRICT, AS
DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FROM 25 TO 30;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Wynwood area is an internationally known arts district, that includes
institutions, museums, galleries, collections, studios, and alternative art spaces and warrants the
inclusion of distance exceptions for a limited number of establishments serving alcoholic beverages;
and
WHEREAS, the City of Miami created the Wynwood Cafe District on July 24, 2008, pursuant
to Ordinance No. 13020, just as the City of Miami had benefited from the creation of other specialty
districts; and
WHEREAS, the Wynwood Cafe District provides exemption from certain distance
requirements for a limited number of establishments serving alcoholic beverages; and
WHEREAS, the Wynwood Cafe District enhances the aesthetic appeal and quality of life
within the City of Miami, and
WHEREAS, the Wynwood Cafe District allows for and encourages significant economic
development within the City of Miami, and
WHEREAS, the City of Miami maximized the benefit for the Wynwood Cafe District by
expanding the boundaries of said district on April 14, 2011, pursuant to Ordinance No. 13261; and
WHEREAS, the City of Miami wishes to continue to encourage economic development in
the Wynwood Cafe District by increasing the number of establishments permitted in said district;
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 if fully set forth in this Section.
Section 2. Chapter 4/Article I of the Code of the City of Miami, Florida, as amended,
City of Miami
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File Number: 11-00144zt Enactment Number: 13435
entitled "Alcoholic Beverages/In General, is further amended in the following particulars:{1}
"CHAPTER 4
ALCOHOLIC BEVERAGES
ARTICLE. 1
Sec. 4-11. Exceptions to distance requirements.
(k) Restrictions relating to the location of alcoholic beverage establishments, including but not limited
to, required distances from churches, residential districts and other alcoholic beverage
establishments, whether within or outside the district, shall not be applicable to establishments within
the Wynwood Cafe district, as defined below and as designated by the city commission. However,
notwithstanding the 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 Wynwood Cafe district is to allow a limited number of nightclub, supper
club, restaurant, coffee shop, and bar uses to benefit from close proximity to one another within the
Wynwood Cafe district. To this end, distance requirements within said district shall be eliminated or
modified, as described above, for a maximum cap of 25 30 such establishments within the
boundaries specified below. No one person or entity, including affiliates, shall own more than 13 of
such alcoholic beverage licenses within the Wynwood Cafe district. An affiliate is any person or entity
who is an owner, shareholder, member, partner, agent, officer or director of any person or entity, who
has or seeks such alcoholic beverage licenses in this district.
* 1I
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}
Footnotes:
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File Number: 11-00144zt Enactment Number: 13435
{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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