HomeMy WebLinkAboutBack-Up from Law Dept(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) Convenience stores not located within the central commercial district, as defined in section 4-2,
and whose business is 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 during such
hours as their stores legally remain open for the sale of other goods.
(2) Convenience stores operating specialty retail shops or stores located within the central
commercial district, as defined in section 4-2, 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 during such hours as their stores legally remain open for the sale of other goods;
except for specialty retail shops or stores operated in waterfront specialty centers, no such
sales of beer or wine shall be permitted on Sunday.
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,
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.
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 a.m. on the following day; Sunday, from 12:00 noon to 5
a.m. on the following day, except in the area generally known as 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.
Sec. 4-3. - Hours during which sales allowed; public hearing required.
4-3.1. Sales.
(3)
(5)
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(7)
The Coconut Grove Central Commercial District consists of three general areas. Area A
generally consists of both sides of S.W. 37th Avenue from Oak Avenue to Grand Avenue, and
both sides of Grand Avenue from Brooker Street to Hibiscus Street. Area B is generally bound
to the North by Oak Avenue from Allamanda Street to Mary Street, Mary Street to the East,
includes both sides of Grand Avenue from Margaret Street to Mary Street, both sides of
McFarlane Road from Grand Avenue to South Bayshore Drive, both sides of Main Highway
from Grand Avenue to Commodore Plaza, including both sides of Commodore Plaza and Fuller
Street. Area C includes the North Side of Main Highway from Charles Avenue to Franklin
Avenue.
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.
4-3.2. Public hearing approval for use and extended hours.
Irrespective of other applicable zoning regulations: all bars (including taverns, pubs and lounges) as
principle uses shall be subject to approval by the Planning Zoning and Appeals Board ("PZAB") by
process of exception, as set forth in the Miami 21 Code; and all nightclubs and supper clubs shall only be
permitted by process of exception, as set forth in the Miami 21 Code, with final approval by the city
commission.
In determining the appropriateness of such uses, the PZAB and the city commission shall take into
consideration the recommendation of the planning department based on the following materials to be
submitted by the applicant as criteria:
a. An operational/business plan that addresses hours of operation, number of employees,
menu items, goals of business, and other operational characteristics pertinent to the
application.
b. A parking plan which fully describes where and how the parking is to be provided and
utilized, e.g., valet, self park, shared parking, after -hour metered spaces, and the manner
in which the parking is to be managed. The city commission or the PZAB may as part of
the application, grant approval for 100 percent of the required parking to be located offsite
within a distance of 600 feet from the subject establishment, if the proposed parking is to
be "self -park," and a distance of 1,000 feet from the subject establishment, if the proposed
parking is to be by "valet".
c. For establishments proposing capacities over 300 persons: an indoor/outdoor crowd
control plan that addresses how large groups of people waiting to gain entry into the
establishment, or already on the premises, will be controlled.
d. A security plan for the establishment and any parking facility.
e. For establishments proposing capacities over 300 persons; a traffic study and traffic
circulation analysis and plan that details the impact of projected traffic on the immediate
neighborhood and how this impact is to be mitigated.
f. A sanitation plan, which addresses on -site facilities as well as off -premises issues resulting
from the operation of the establishment.
g. Proximity of proposed establishment to residential uses.
h. If the proposed establishment is within 200 feet of residential uses: a noise attenuation
plan that addresses how noise will be controlled shall be required, especially in the case of
indoor/outdoor uses.
Notwithstanding the requirements set forth above, PZAB and city commission approval shall not be
required for such establishments when located in the Midtown area (as set forth in Appendix C of the
Miami 21 Code, also known as "SD-27") nor for the area of Downtown Miami, defined herein as those
portions of the downtown area with T-6 zoning that are bounded on the south by SE/SW 15th Road, on
the east by Biscayne Bay, on the north by NE/NW 5th Street, and on the West by 1-95; nor for those
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properties with T-6 zoning, as set forth in the Miami 21 Code, located within the Southeast Overtown/Park
West and Omni CRA areas.
In addition, PZAB and city commission approval shall also not be required for any such
establishment approved by an alternate administrative process when located in an established special
district or entertainment district as set forth in section 4-11.
(Ord. No. 12375, § 2, 6-12-03; Ord. No. 12455, § 2, 12-18-03; Ord. No. 12973, § 2, 2-14-08;
Ord. No. 13163, § 2, 4-22-10)
Editor's note— Ord. No. 13163, § 2, adopted April 22, 2010, changed the title of section 4-3
from "Hours during which sales allowed; Sunday sales" to "Hours during which sales allowed;
public hearing required."
State Law reference— Authority of city to regulate time of sale of alcoholic beverages, F.S. §§
562.14(1), 562.45(2).
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Sec. 36-5. - Same —Hours of operation of jukeboxes, radios, etc.; exemption for events on city -owned
property; relaxation.
(a)
It shall be unlawful for any person owning, occupying or having charge of any business
establishment, or any part thereof, in the city, to cause or suffer to cause the playing or operating of
music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the
premises between the hours of 11:00 p.m. and 7:00 a.m. the following day, unless such music
boxes, jukeboxes, radios, musical instruments and other devices are played or operated in a closed
building and the sound is not audible from outside the building so as to disturb the quiet, comfort or
repose of persons in any dwelling, hotel or other type of residence. Upon a second conviction of
violation of this section the county judge may at his discretion revoke and terminate any license
issued under chapter 31 to the licensee.
(b) All of the above and foregoing shall not apply to activities and events held in or upon any city -owned
facility or other city -owned property.
(c) The city commission may relax the time restrictions contained in paragraph (a) above or declare
them inapplicable on special occasions by resolution.
(Code 1967, § 36-5; Ord. No. 8660, § 1, 6-9-77; Ord. No. 10797, § 1, 10-18-90; Code 1980, §
36-5)
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