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Ordinance
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Miami, FL33133
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File Number: 14-00989 Mal Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "PARKS AND RECREATION/USE REGULATIONS",
MORE PARTICULARLY BY AMENDING SECTION 38-69 OF THE CITY CODE,
ENTITLED "ALCOHOLIC BEVERAGES; INTOXICATED PERSONS" TO ALLOW
THE SALE OF ALCOHOLIC BEVERAGES WITHIN RESTAURANT FACILITIES
LOCATED IN CITY OF MIAMI PEACOCK PARK PROPERTY; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, the City of Miami ("City") desires to lease a portion of Peacock Park ("Park")
located in Coconut Grove, Miami, Florida, to establish a restaurant within the Park facility known as the
Glass House; and
WHEREAS, the City has identified a restaurant space ("Restaurant") and has a tentative plat in
the Park suitable to operate as a restaurant; and
WHEREAS, it is intended that the Restaurant will serve alcoholic beverages in addition to other
food and beverages; and
WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), currently does
not permit the sale and/or dispensing of alcoholic beverages within the Restaurant facilities and/or in
the Park; and
WHEREAS, it is in the best interests of the City to allow the sale of alcoholic beverages within
the 32,090 square foot platted parcel containing restaurant facilities at the Park;
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 38/Article II, Section 38-69 of the City Code, as amended, entitled
"Alcoholic beverages; intoxicated persons," is amended as follows: {1)
"CHAPTER 38
PARKS AND RECREATION
ARTICLE 11. USE REGULATIONS
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Ptle Id: 74-00989 (Vertston: 1) Printer! On: 9/30/2014
File Number: 14-00989
* * *
Sec. 38-69. Alcoholic beverages; intoxicated persons,
(a) Possession or consumption of alcoholic beverages within park limits of any public park is
prohibited except as follows:
(1) Alcoholic beverages may be sold and consumed at Fort Dallas Park, Bicentennial
Park, the FEC Property, Jose Marti Park, Maximo Gomez "Domino" Park, Bayfront Park,
Allen Morris Brickell Park, and the 32,090 square foot platted parcel containing
restaurant facilities at Peacock Park as follows:
a. On a regular basis within City restaurant facilities by properly licensed
operators therein during hours allowed by this Code and in accordance with all
ordinances and state laws presently applicable and which may be applicable in
the future.
b. In connection with special events and programs, by individuals or groups that
have been issued a wine/beer permit in accordance with section 38-70 of this
Code, or by individuals or groups that have been issued a separate permit for
full beverage service by the City Manager or designee, upon the
recommendation of Director and upon the approval of the City Commission.
Said permits shall be issued in accordance with all laws presently applicable and
which may be applicable in the future,
c. Notwithstanding any provision in the city code of the City of Miami, Florida, to
the contrary, alcoholic beverages may be sold, dispensed, possessed or
consumed on .a regular basis on the FEC Property, legally described in Exhibit A
attached hereto and by this reference made a part hereof and located in the City
Clerk's Office, Miami, Florida,
(2) No alcoholic beverages may be brought into the aforesaid parks by anyone except
licensed operators of city restaurant facilities therein, or their designated representatives,
or individuals or groups that have been issued authorized permits in connection with
special events and programs,
(b) Intoxicated persons will not be permitted on park property, or if found thereon, shall be
ejected forthwith,
Section 3. If any section, part of a sectien, 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 immediately after the final reading and
adoption thereof. {2}
City °Pittard
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File Id: 14-00989 (Version; Printed On: 9/30/2014
File Number: 14-00989
APPROVED AS TO FORM AND CORRECTNESS:
f
VIeTORIA FNDEZ
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to this prescribed by applicable City Charter and
Code provisions.
{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
City of Miami
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File Id: 14-00989 (Version: 1) Printed On: 9/30/2014