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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. fl a City of Miami Legislation Ordinance: 13734 City Half 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1374 Final Action Date: 1/25/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ALCOHOLIC BEVERAGES", BY REPEALING SECTIONS 4-1 THROUGH 4-76 IN THEIR ENTIRETY AND REPLACING THEM WITH NEW SECTIONS 4-1 THROUGH 4-11, MORE PARTICULARLY BY ADDING DEFINITIONS; PROVIDING FOR HOURS OF SALES; PROVIDING FOR AN APPROVAL PROCESS; PROHIBITING MINGLING; PROHIBITING ALCOHOL SALES DURING EMERGENCIES; PROVIDING REGULATIONS AND EXCEPTIONS TO DISTANCE SEPARATION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida expressly shifts power to municipalities to enact ordinances regulating alcoholic beverages with regards to hours of operation, locations of businesses, and types of entertainment among others; and WHEREAS, the City of Miami {"City") has incorporated regulations with respect to the sale of alcoholic beverages in Chapter 4 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the City wishes to restructure Chapter 4 of the City Code to promote clarity and simplicity that will help administer and enforce the appropriate alcoholic beverage standards throughout the City by the establishment of distance separations, specialty districts, and entertainment districts, as generally depicted in Exhibit "Q," attached and incorporated; and WHEREAS, the City wishes to promote small business investment associated with restaurants to open within the City and allow them to serve alcoholic beverages if the sale of alcoholic beverages is ancillary to the preparation and service of meals; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its citizens to amend Chapter 4 of the City Code as hereinafter set forth; 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 of the City Code, titled "Alcoholic Beverages''', should further be amended by repealing Articles I and II including Sections 4-1 through 4-76 in their entirety. City of Miami Page 1 of 14 File ID: 1379 (Revision; J) Printed On: 1013012018 1374 Legislation -SUB File ID: 1374 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13734 Section 3. Chapter 4 of the City Code, titled "Alcoholic Beverages", should be further amended in the following particulars:' "CHAPTER 4 ALCOHOLIC BEVERAGES Sec. 4-1. Consumption restricted. Consuming Alcoholic Beverages on the public streets, in vacant lots, or in places solely licensed to vend Alcoholic Beverages for consumption off the premises is unlawful and strictly prohibited. The City Manager may declare an exemption from the prohibition of consuming Alcoholic Beverages as stated herein and declare the prohibitions inapplicable on special occasions. Such special occasions shall require a special event permit or temporary use permit, as applicable, with any associated notice and fees that may be required, Sec. 4-2. definitions. (a) For the purposes of this Section, the following words and phrases shall have the meanings ascribed to them. Alcoholic Beverages: Beer, wine, liquor, and any other beverage as defined in and regulated by Title XXXIV of the Florida Statutes, as amended. Alcohol Service Establishment: Any establishment that sells or offers for sale Alcoholic Beverages for consumption on the premises as a principal use. Alcohol Service Establishments may include, but are not limited to, bars, taverns, cocktail lounges Nightclubs, supper clubs, and microbreweries. Food service establishments where the sale of food is the primary use are excluded from the definition of Alcohol Service Establishment. Ancillary Use: Any use which is not the primary use of the establishment. Bottle Club: An establishment with a valid "bottle club" license issued by the State and where Alcoholic Beverages are not sold but where patrons are allowed to consume Alcoholic Beverages on the premises. Cafe: An establishment in which coffee and light meals are served along with the sale of beer or wine for consumption on the premises and that may seat fewer than twenty (20) patrons pursuant to a valid license issued by the State in connection with the operation of said food service establishment. Cafes must derive at least sixty (60) percent of its gross food and beverage revenue from the sale of food and non -Alcoholic Beverages during the first sixty (60) day operating period and each six (6) month operating period thereafter. Cafes may include, but are not limited to, Cafes, coffee shops, sandwich shops, and cafeterias. Cafes shall not sell Alcoholic Beverages after the hours of serving or consumption of food have elapsed. '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. City of Miami Page 2 of 14 File ID: 1374 (Revision: J) Printed on: 1013012018 Fite ID: 1374 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13734 Convenience Store: A retail business opened primarily for the sale of products other than beer or wine and which may sell beer or wine in sealed containers only for consumption off premises. Grocery stores are considered to be Convenience Stores for purposes of this Chapter. Districts — Industrial: The following Transect Zones shall be considered Districts - Industrial for purposes of this Chapter: ❑1, D2, and D3. Districts — Mixed -Use: The following Transect Zones shall be considered Districts - Mixed -Use for purposes of this Chapter: T4-L, T4-OL T5-L, T5-O, T6-L, T6-O, and CI -HD. Districts — Residential: The following Transect Zones shall be considered Districts — Residential for purposes of this Chapter: T3-R, T3-L, T3-O, T4-R, T5-R, and T6-R. Entertainment District: A district within the Urban Central Business District ("UCBD") of the City which allows a high concentration of specialized entertainment Alcohol Service Establishments. Liquor Package Store: An establishment licensed by the State to sell Alcoholic Beverages in sealed containers only for consum_ption off the premises. Consumption on the premises is strictly prohibited. Miami 21 Code: The Zoning Ordinance of the City of Miami, Florida, as amended. Nightclub: An Alcoholic Service Establishment where such business serves as a place of entertainment open at night providing music and space for dancing and often having a floor show. A Nightclub shall provide floor space of at least 400 square feet located in one (1) unit and on the same floor, suitably prepared for dancing, free from tables, chairs, or other obstructions at all times, and generally exceeds 5,000 square feet of total gross floor area. Private Club: A non-profit establishment whose character is that of a fraternal or social nature and that sells or offers to sell Alcoholic Beverages by the drink for consumption on the premises pursuant to a valid license issued by the State. Restaurant: A food service establishment that meets ail of the following requirements: (1) Derives at least fifty-one percent (51 %) of its gross food and beverage revenue from the sale of food and non -Alcoholic Beverages during the first sixty (60) day operating period and each twelve (12) month operating period thereafter; (2) Licensed by the State's Division of Hotels and Restaurants; (3) Sells or offers for sale Alcoholic Beverages for consumption on the premises pursuant to a valid license issued by the State permitting such activity; (4) Equipped to seat at least twenty (20) patrons at one (1) time; and (5) Does not sell Alcoholic Beverages after the hours of serving or consumption of food have elapsed. Retail Specialty Center: A mixed -use development with a minimum of 50,000 square feet of net leasable area made up of a retail mixture of general commercial establishments and Restaurants. In addition to the above, the following are required: (1) At least one (1) of the following types of uses: lodging, residential, assembly hall, or office use; (2) 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; City of Miami Page 3 of 14 File ID: 1374 (Revision: J) Printed on: 10/30/2018 File ID: 1374 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13734 (3) Parking provided by an on -site enclosed garage; and (4) Ail protect uses under common management. Sale and Sell: Any transfer of an Alcoholic Beverage for consideration; any gift of an Alcoholic Beverage in connection with, or as a part of, a transfer of property other than an Alcoholic Beverage for a consideration; or the service of an Alcoholic Beverage pursuant to any license issued by the State pursuant to Florida Statutes. Schools: Any elementary school, middle school, or secondary school. Shopfront: A frontage of a building that is aligned close to the frontage line with the building entrance opening to the sidewalk or street. Specialty District: A district within a unique and distinctive neighborhood in the City which allows a high concentration of Alcohol Service Establishments. Waterfront Specialty Center: A building or buildings with adjacent on -site parking spaces, under common ownership or common management, abutting or linked to a navigable water body, having a unified commercial plan of development, with a minimum of 50,000 square feet of leasable area, and containing a mixture of Restaurants, entertainment facilities, and general commercial establishments. (b) None of the preceding provisions shall be deemed to modify, repeal, amend, or supersede any of the provisions in the Miami 21 Code. Sec. 4-3. Hours during which Sales allowed; Permits and public hearing required. (a) It shall be unlawful to Sell, serve, offer to Sell, allow to consume, or deliver any Alcoholic Beverage to any person, except during the following hours: Establishment Hours of Operation Notes Type Alcohol Service Mon — Sat: Extension of hours to 5:00 a.m. Establishment 11:00 a.m. — 3:00 a.m. allowed by Exception as outlined in Sun: Section 4-7. Extension of hours to 5:00 a.m. 12:00 noon — 3:00 a.m. Nightclub: allowed by Right if located within the UCBD, Omni CRA, Central Design 7:00 p.m. — 3:00 a.m. District, or Southeast Overtown/Park West CRA. Consumption on premises. Bottle Club Mon — Sun: Consumption on premises. 11:00 a.m. — 3:00 a.m. Liquor Package Mon — Sat: Hours automatically extended to Store 9:00 a.m. — 12:00 midnight. 10:00 p.m. on Sundays in December. City of Miami Page 4 of 14 File ID: 1374 (Revision: J) Printed on: 1013012018 File ID: 1374 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13734 Sun: Consumption off premises. 9:00 a.m. — 7:00 p.m. Convenience Store Mon — Sun: Convenience Stores with a gross floor 11:00 a.m. — 10:00 p.m. area that exceeds 10,000 square feet and/or that are Ancillary Uses to the sale of gasoline may sell beer or wine in sealed containers for consumption off the premises during such hours as the stores legally remain open for the sale of other goods. Consumption off premises. Lodging Mon — Sun: Consumption on premises. (Ancillary Use) 7:00 a.m. — 3:00 a.m. Private Club Mon — Sun: Consumption on premises. 7:00 a.m. — 3:00 a.m. Restaurant Mon — Sun: Consumption on premises. 7:00 a.m. — 3:00 a.m. Cafe Mon — Sun: Consumption on premises. 11:00 a.m. — 10:00 p.m. Other Mon — Sun: Consumption on premises. Establishments 7:00 a.m. — 3:00 a.m. *Closing hours may be modified by Sections 4-5 and 4-6 of this Chapter. (b) The City Commission may extend the hours of sale for any Alcohol Service Establishment for consumption on or off the premises on special occasions by resolution. (c) In the Coconut Grove Central Commercial District, the hours of sale for Alcoholic Service Establishments are weekdays, including Saturday, from 11:00 a.m. to 3:00 a.m. on the following day and on Sunday, from 12:00 noon to 3:00 a.m. on the following day. The boundaries for the Coconut Grove Central Commercial District are set forth in Exhibit "P." Sec. 4-4. Distance separation. ,(a) For Alcohol Service Establishments, Liquor Package Stores, and Bottle Clubs: For purposes of this Chapter, any distancing requirements set forth shall be measured from the front door of a licensed establishment to the front door of a proposed establishment with the same license type along the route of ordinary pedestrian traffic. (b) From Alcohol Service Establishments, Liquor Package Stores, and Bottle Clubs to Districts - Residential, religious facilities, or Schools: For purposes of this Chapter, any distancing requirements set forth shall be measured from the front door of a licensed establishment to the nearest point on a parcel of land along the route of ordinary pedestrian traffic. City of Miami Page 5 of 14 File ID: 1374 (Revision: J) Printed on: 1013012018 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1374 Enactment Number: 13734 (c) Distance separation within the City's boundaries in Districts - Mixed -Use and Districts — Industrial for licensed establishments under the laws of the State that allow for the consumption or sale of liquor on or off the premises and/or beer or wine for consumption on the premises shall be a minimum of 1,500 feet from a license of the same type. (d) The specified districts as set forth below are subject to the following modifications to distancing and use requirements for Alcohol Service Establishments only: District Minimum Distance Notes UCBD 500 feet Restaurants and Cafes are allowed by Right. Exhibit "A" Alcohol Service Establishments are allowed by Right in T6 Transect Zones. Central Design 500 feet Restaurants and Cafes are allowed by Right. District Exhibit "B" Midtown 1,500 feet Alcohol Service Establishments are allowed by Exhibit "C" Right. Omni CRA 1,500 feet unless Alcohol Service Establishments are allowed by Exhibit "D" within the UCBD Eight in T6 Transect Zones. where 500 feet shah apply Southeast 1,500 feet unless Alcohol Service Establishments are allowed by Overtown/Park within the UCBD Right in T6 Transect Zones. West CRA where 500 feet shall Exhibit "E" apply (e) Existing establishments requiring distance requirements as set forth above may be moved to a distance not greater than 300 feet from the original location by Right. If the Alcohol Service Establishment prior to being moved is legal nonconforming to the provisions set forth under the Section identifying Distancing Requirements from Specified Uses to a School or a religious facility, the proposed location shall be located at a greater distance from a School or religious facility than the previous location of the Alcohol Service Establishment. (f) Distancing Requirements from Specified Uses: Specified Use Minimum Notes City of Miami Page 6 of 14 Filet!): 1374 (Revision: J) Printed on: 10/3012018 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1374 Enactment Number: 13734 Distance District - 500 feet Unless so constructed, arranged, or controlled as to Residential prevent the emission of sounds, vibration, and odors. For consumption on premises only. Religious 300 feet Does not apply to any licensed Alcohol Service Facilities in Establishment that precedes the establishment of a UCBD* religious facility. Schools in 300 feet Does not apply to any licensed Alcohol Service UCBD* Establishment that precedes the establishment of a School. Religious 300 feet Does not apply to any licensed Alcohol Service Facilities in Establishment that precedes the establishment of a Districts — Mixed- religious facility. Use* and Districts - Industrial* Schools in 1,000 feet Does not apply to any licensed Alcohol Service Districts — Mixed- Establishment that precedes the establishment of a Use* and School. Districts - Industrial* * Distance requirements may be modified by Sections 4-5 and 4-6 of this Chapter. (q) Reductions in distance set forth above for consumption on premises establishments may be reduced by up to fifty percent (50°/j by Exception issued by the Planning, Zoning and Appeals Board (°PZAB") with approval by the City Commission pursuant to criteria set forth in Section 4-10 of this Chapter and the requirements of the Miami 21 Code. (h) The requirements as to distance limitations set forth above shall not apply to the following specified uses nor shall establishments meeting the following requirements count as distance impacts to other establishments: Specified Use Notes Restaurants • Restaurants that meet the State requirement for the issuance of a 4COP SFS license. A Restaurant meeting the requirements of a 4COP SFS license may substitute said license with a 4COP Quota license. • Restaurants not meeting the requirements set forth above shall be allowed the allocation of a 4COP Quota license by Warrant. • Restaurants with a 2COP license. • Restaurants shall have no signs advertising the sale of Alcoholic Beverages visible from the exterior. • Restaurants shall always be subiect to audit and inspection by the City for the purpose of determining that such establishments are complying with the requirements set forth in this Code. Cafes • Cafes shall be allowed the use of a 2COP license Ely Warrant. City of Miami Page 7 of 14 File ID: 1374 (Revision: J) Printed on: 10/30/2018 Fi€e ID: 1374 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13734 • Cafes shalt always be subject to audit and inspection by the City for the purpose of determining that such establishments are complying with the requirements set forth in this Code, Residential or • For mixed -use buildings with 100 — 299 dwelling units, one (1) Alcohol Mixed -Use Service Establishment is allowed by Exception. buildings • For mixed -use buildings with 300 — 399 dwelling units, one (1) Alcohol Service Establishment is allowed by Right and one (1) additional Alcohol Service Establishment is allowed by Exception. For mixed -use buildings with 400 or more dwelling units, two (2) Alcohol Service Establishments are allowed by Right and one (1) additional Alcohol Service Establishment is allowed by Exception. • Alcohol Service Establishments with Shopfronts are not exempt from distance separation requirements. Lodging • One (1) Alcohol Service Establishment per 50 or more questrooms or Historic Structures with one {1) or more rooms as provided by Florida Statutes. • Alcohol Service Establishments with Shopfronts not exempt from distance separation requirements. Office or • One (1) Alcohol Service Establishment per 60,000 square feet devoted Work/Live to and maintained for office space. • Alcohol Service Establishments with Shopfronts are not exempt from distance requirements. Private Clubs • Must be chartered in the County for not less than three (3) months. Waterfront • Must be located on City -owned property. Specialty Center • Allowed by Exception with City Commission approval. • Within any one (1) Waterfront Specialty Center, not more than fifty (50) percent of the Waterfront Specialty Center's establishments shall be issued certificates of use or temporary certificates of use as an Alcohol Service Establishment. • If a Waterfront Specialty Center is located within a Specialty District or Entertainment District, the Alcohol Service Establishments within the Waterfront Specialty Center shall not be counted against the total number of Alcohol Service Establishments allowed within the Specialty 1 District or Entertainment District. Retail Specialty • Shall not exceed one (1) Alcohol Service Establishment per 20,000 Center 1 gross square feet of the retail component. • Shall not exceed five {5) total Alcohol Service Establishments. • If a Retail Specialty Center is located within a Specialty District or Entertainment District, the Alcohol Service Establishments within the Retail Specialty Center shall not be counted against the total number of Alcohol Service Establishments allowed within the Specialty District or Entertainment District. • One (1) security guard per 100 seats when Alcoholic Beverages are served for consumption on the premises is required. City of Miami Page 8 of 14 File ID: 1374 (Revision: J) Printed on: 10130/2018 File ID: 1374 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13734 Special Uses for which special Alcoholic Beverage Licenses are issued by the State but for which Uses are not otherwise addressed herein • Retail Specialty Centers are designated by development agreement approved by the City Commission or by determination of the Zoning Administrator as to the requirements set forth in Section 4-2 of this Chapter. • Must meet State requirements for the corresponding license type. • Allowed as an Ancillary Use to the respective principal use with an active Certificate of Use or Temporary Certificate of Use. • Including, but not limited to, the following State licenses: H, HBX, SBX, SPX, SAL, SCX, SCC, SA, IX, X, SL, PVP, 11-PA-C, 11PA-P, FEX, SW P, 11C, 11CG, 11CGPC, 13CT. Sec. 4-5. Specialty Districts. The restrictions as to distances between Alcohol Service Establishments herein shall not be applicable within a Specialty District as defined in Section 4-2 of the City Code as designated by the City Commission and pursuant to Section 562.45(2)(a), Florida Statutes. Location of Alcohol Service Establishments within a Specialty District shall not be utilized when calculating distance requirements of religious facilities and Alcohol Service Establishments located outside the Specialty District, whether existing or new. The following Specialty Districts within the City are described below: Specialty Permit and Hours of Notes District Cap Closing 8'h Street Warrant 3:00 a.m. • Shall not be located less than 500 feet from a Exhibit "F" No Cap School. • Shall not be located less than 300 feet from a religious facility. Liberty City Warrant 3:00 a.m. • Shall be closed during School hours. Exhibit "G" 30 Total • Shall not be located less than 300 feet from a School. Little Haiti Warrant 3:00 a.m. • Shall be closed during School hours. Exhibit "H" 20 Total • Shall not be located less than 300 feet from a School. Orange Bowl Warrant 3:00 a.m. • Shall not be located less than 1,000 feet from Exhibit "I" 8 Total a School. • Extension of hours to 5:00 a.m. allowed by Exception as outlined in Section 4-7. Wynwood Warrant 3:00 a.m. • Shall be closed during School hours. Cafe Exhibit "J" No Cap • Shall not be located less than 500 feet from a School. • Shall not be located less than 500 feet between other Alcohol Service Establishments. City of Miami Page 9 of 14 File ID: 1374 (Revision: J) Printed on: 1013012018 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1374 Enactment Number: 13734 Flagler By Right 5:00 a.m. • Shall have no distance separation Exhibit "R" No Cap requirements from a School or religious facility. Miami Riverside Warrant 5:00 a.m. • Shall be closed during School hours. 7 Total Exhibit "S" Sec. 4-6. Entertainment Districts. The restrictions as to distances between Alcohol Service Establishments herein shall not be applicable within Entertainment Districts as defined in Section 4-2 of the City Code and as designated by the City Commission. Location of Alcohol Service Establishments within Entertainment Districts shall not be utilized when calculating distance requirements of religious facilities and Alcohol Service Establishments located outside the Entertainment District, whether existing or new. The following Entertainment Districts within the City are described below: Entertainment Permit Hours of Notes District and Cap Closing Brickell Village Warrant 5:00 a.m. . Shall not be located less than 300 feet from a Exhibit "K" 6 Total religious facility or a School, Brickell Riverside Warrant 5:00 a.m. . Shall not be located less than 300 feet from a Exhibit "L" 5 Total religious facility or a School. Park West Warrant NIA • Shall not be located fess than 300 feet from a Exhibit "M" 11 Total religious facility or a School.. Media Warrant 5:00 a.m. . Shall not be located less than 300 feet from a Exhibit "N" 7 Total religious facility or a School. Overtown Warrant 5:00 a.m. • Shall not be located less than 300 feet from a Exhibit "O" 12 Total Schoof. 4-7. Permits and Public Hearings. (a) Alcohol Reservation. Any applicant who wishes to open an Alcohol Service Establishment within the City may submit an alcohol reservation letter request identifying the proposed location to the Office of Zoning for analysis along with a distance survey from a licensed and certified surveyor which addresses all distancing requirements from the proposed location within this Chapter if necessary to establish the use and provide payment of $200.00 for processing. If the requirements as set forth in this Chapter are met, an alcohol reservation Fetter may be issued by the Zoning Administrator. Said alcohol reservation letter shall be valid for three (3) months from the date of issuance with the possibility of one (1) year extensions if the Zoning Administrator is presented with active building permits, submission of a Warrant application, lease agreement, or any other documentation which the Zoning Administrator deems to be evidence of reasonable progress in acquiring a Certificate of Use for an Alcohol Service Establishment at the proposed location. Each extension requires a letter of intent, the City of Miami Page 10 of 14 File ID: 1374 (Revision: J) Printed on: 1013012018 File ED: 1374 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13734 proposed evidence of reasonable progress, and $200.00 for processing. The alcohol reservation letter will reserve the location during the approved amount of time from encroachment of newly -proposed Alcohol Service Establishments, religious facilities, or Schools until the acquisition of a Certificate of Use from the Office of Zoning. Lb) Warrant. Where denoted in this Chapter as necessary for approval, the property owner/applicant shall obtain a Warrant as specified in the Miami 21 Code. In reviewing a Warrant application, the Director of Planning shall apply the following supplemental review criteria in addition to the standard criteria for Warrants as specified in Article 4, Table 12 of the Miami 21 Code: 1. Operational plan. An operational/business plan that addresses hours of operation, number of employees, menu items, business goals, and other operational characteristics pertinent to the application. 2. Parking. Regardless of parking requirements specified in the Miami 21 Code, adaptive re -use of existing buildings for the use requested in the Warrant shall not require any additional parking; however, new buildings utilizing this exemption shall be required to provide 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. By a separate Warrant (in addition to the Warrant required for the subject Alcohol Service Establishment), one hundred percent (100%) of the required parking may be located offsite within a distance of six hundred feet (600') from the subject Alcohol Service Establishment if the proposed parking is to be "self -park and a distance of one thousand feet (1,000') from the subject Alcohol Service Establishment if the proposed parking is to be by "valet". 3. For Alcohol Service Establishments proposing capacities over three hundred (300) persons, an indoor/outdoor crowd control plan that addresses how large groups of people waiting to gain entry into the Alcohol Service Establishment and already on the premises will be controlled. 4. A security plan for the Alcohol Service Establishment and any parking facility. 5. For Alcohol Service Establishments proposing capacities over three hundred (300) persons, a traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated. 6. A sanitation plan which addresses on -site facilities as well as off -premises issues resulting from the operation of the Alcohol Service Establishment. 7. A plan depicting proximity of the proposed Alcohol Service Establishment to Districts - Residential. 8. If the proposed Alcohol Service Establishment is within two hundred feet (200') of any residential use, a noise attenuation plan that addresses how noise will be controlled shall be required. (c) Exception. Pursuant to the Miami 21 Code, all Alcohol Service Establishments that require an Exception shall be subject to approval by the PZAB, and when required, final approval by City Commission. Alcohol Service Establishments requesting extensions of hours of City of Miami Page 11 of 14 File ID: 1374 (Revision: J) Printed on: 10J30/2018 File ID: 1374 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13734 operations or variance from distance requirements shall only be permitted by process of Exception with final approval by the City Commission. In determining the appropriateness of such request, the PZAB and the City Commission, as applicable, shall take into consideration the recommendation of the Department of Planning based on the following materials to be submitted by the applicant as criteria as well as the criteria listed in the Miami 21 Code: 1. An operational/business plan that addresses hours of operation, number of employees, menu items, business goals, and other operational characteristics pertinent to the application. 2. A parking plan which fully describes where and how the parking is to be provided and utilized, e.q., 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, as applicable, may grant approval for one hundred percent (100%) of the required parking to be located offsite within a distance of six hundred feet (600') from the subject Alcohol Service Establishment if the proposed parking is to be "self -park" and a distance_of one thousand feet (1,000') from the subject Alcohol Service Establishment if the proposed parking is to be by "valet." 3. For Alcohol Service Establishments proposing capacities over three hundred (300) persons, an indoor/outdoor crowd control plan that addresses how large groups of people waiting to gain entry into the Alcohol Service Establishment and already on the premises will be controlled. 4. A security plan for the Alcohol Service Establishment and any parking facility. 5. For Alcohol Service Establishments proposing capacities over three hundred {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. 6. A sanitation plan which addresses on -site facilities as well as off -premises issues resulting from the operation of the Alcohol Service Establishment. 7. Proximity of the proposed Alcohol Service Establishment to Districts - Residential. 8. If the proposed Alcohol Service Establishment is within two hundred feet {200') of any residential use, a noise attenuation plan that addresses how noise will be controlled shall be required, especially in the case of indoor/outdoor uses. Sec. 4-8. Certificate of Use. In addition to the requirements under Chapter 2 of the City Code and Article 7 of the Miami 21 Code, if upon request by the City proof of an alcohol license issued by the State is not submitted to the City's Zoning Administrator within sixty (60) days of the request, the Alcohol Service Establishment's Certificate of Use, Temporary Certificate of Use, and any approvals obtained under Chapter 4 of the City Code or the Miami 21 Code may be revoked by the Zoning Administrator. If it is found that an Alcohol Service Establishment is in violation of any laws regarding health, safety, and welfare including but not limited to building codes, fire codes, the Miami 21 Code, or any health department regulations, the Certificate of Use or Temporary Certificate of Use shall be suspended for a period of thirty {30) days to allow the Alcohol Service Establishment to come City of Miami Page 12 of 14 File ID: 1374 (Revision: if Printed an: 10130/2018 Fite 1D 1374 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13734 into compliance. If the Alcohol Service Establishment fails to come into compliance within thirty (30) days, the Certificate of Use or Temporary Certificate of Use shall be revoked. Sec. 4-9. Employees not to mingle with customers. It shall be unlawful for employees or entertainers in places dispensing Alcoholic Beverages for consumption on the premises to mingle or fraternize with the customers or patrons of such Alcohol Service Establishment. Sec. 4-10. Prohibiting sales, etc., during emergency. Whenever in the opinion and judgment of the Mayor, a public emergency shall be created or exist in the City causing or tending to cause public disorder, lawbreaking, and confusion, the City Manager is hereby authorized and empowered toprohibit by and through the issuance of his official decree the sale, serving, or consumption of Alcoholic Beverages for and during a period of twenty four (24) hours or such longer period of time as may be described in such decree at all commercial establishments and at all other places in the City where Alcoholic Beverages are licensed to be sold, served, or otherwise dispensed. In the issuance of such decree, the City Manager shall have the fact of the issuance and the contents of such decree broadcast by law enforcement communication device and by commercial radio stations and otherwise given publicity as quickly and as widely as shall be feasible. It is hereby declared to be illegal for any person operating, employed at, or otherwise controlling any of the establishments or other places described in this Section to sell, serve, or permit the consumption on the premises of Alcoholic Beverages during the period described in the decree of the City Manager provided for in this Section. Each violation of or noncompliance with any of the provisions of this Section shall constitute a separate offense and shall subject every person guilty thereof to the penalty prescribed in Section 1-13 of the City Code. Sec. 4-11. Nightclub. The additional regulations set forth below shall be applicable to all Alcoholic Service Establishments that have been designated as Nightclubs. (a) It shall be unlawful for any person to refuse or prevent or attempt to prevent reasonable inspection of any portion of any Nightclub premises by any City official during any hour in which a Nightclub is open for business. (b) A Nightclub business tax receipt issued by the City Manager's designee is required in addition to any other requirement to qualify that the applicant is of good moral character. In making such determination, the applicant shall present to the City Manager's designee the following qualifications: 1. Certificate of Use: Issued by the Office of Zoning. 2. State Licensure: Issued by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco. 3. Business tax receipt history: Whether such applicant in previously operating in this or another state under a business tax receipt has had such business tax receipt revoked or suspended, and the reasons therefor. 4. General Personal History: Such other facts relevant to the general personal history of the applicant as necessary to make a fair determination of the eligibility of the applicant. (c) Nonrenewal for certain convictions during a preceding year. 1. No Nightclub business tax receipt shall be issued, renewed, or allowed a business name change at any time during a business tax receipt year at the location of any Nightclub that previously possessed a Nightclub business tax receipt when the holder or any managing agent or employee of the holder of a Nightclub business tax receipt at such location has been convicted of a violation of this Chapter or the alcoholic beverage laws of the State during the then -current business tax year or during a one - City of Miami Page 13 of 14 File ID: 1374 (Revision: J) Printed on: 10130/2018 File ID: 1374 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13734 Year period to any application request therefor or during the City's tax year immediately preceding such new licensing year. 2. A designation of the conviction relied upon by the City under the foregoing paragraph may be obtained at or before the start of the business tax year or prior to the date such business tax receipt is sought by request made to the City Manager or designee. 3. Any person subject to the foregoing provision may request and obtain a hearing before the City Commission. After a public hearing, the City Commission may authorize or deny the issuance or renewal of new Nightclub business tax receipt to such person or grant or refuse the request for a change of name on a Nightclub business tax receipt providing any applicable provision of Section 31-35 is fulfilled relative to such request. A holder of a Nightclub business tax receipt for the year preceding the new business tax year, subject to the provisions of this Section, shall not be considered to be operating without a current Nightclub business tax receipt pending the hearing. Sec. 4-12. Violation of State law. It is intended that the provisions of this Chapter shall apply solely to those beverages constituting Alcoholic Beverages under the laws of the State. Every violation of the laws of the State relating to the sale 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 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption.' APPROVED AS TO FORM AND CORRECTNESS: ndez, City to ndez, lty ' tt©r ey 10/2612018 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. City of Miami Page 14 of 14 File ID: 1374 (Revision: J) Printed on: 10130/2018 SUBSTITUTED );' n•• File Number: 1374 City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co Final Actio Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF HE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHO C BEVERAGES", BY REPEALING SECTIONS 4-1 THROUGH 4-76 IN THEIR ENT ETY AND REPLACING THEM WITH NEW SECTIONS 4-1 THROUGH 4-11, MOR PARTICULARLY BY ADDING DEFINITIONS; PROVIDING FOR HOURS OF .ALES; PROVIDING FOR AN APPROVAL PROCESS; PROHIBITING MINGLING; ' ROHIBITING ALCOHOL SALES DURING EMERGENCIES; PROVIDING REGULATIO 'S AND EXCEPTIONS TO DISTANCE SEPARATION; CONTAINING A SEVE BILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida expressly shifts power to ordinances regulating alcoholic beverages with regards to hours business, and types of entertainment among others; and nicipalities to enact operation, locations of WHEREAS, the City of Miami ("City") has incorpora d regulations with respect to the sale of alcoholic beverages in Chapter 4 of the Code of t - City of Miami, Florida, as amended ("City Code"); and WHEREAS, the City wishes to restructure apter 4 of the City Code to promote clarity and simplicity that will help administer and enforc the appropriate alcoholic beverage standards throughout the City; and WHEREAS, the City wishes to pro restaurants to open within the City and al alcoholic beverages is ancillary to the to new small business investment associated with w them to serve alcoholic beverages if the sale of paration and service of meals; and WHEREAS, the City Comm sion, after careful consideration of this matter, deems it advisable and in the best interest •f the general welfare of the City and its citizens amend Chapter 4 of the City Code as reinafter set forth; NOW, THEREFOR., BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Th- recitals and findings contained in the Preamble to this Ordinance are adopted by referen - and incorporated as fully set forth in this Section. Section . Chapter 4 of the City Code, entitled "Alcoholic Beverages", should further be amended by r' pealing Articles I and II including Sections 4-1 through 4-76 in their entirety. S amend tion 3. Chapter 4 of the City Code, entitled "Alcoholic Beverages", should be further in the following particulars:1 "CHAPTER 4 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 unchanaed material. City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/2018 SUBSTITUTED ALCOHOLIC BEVERAGES Sec. 4-1. Consumption restricted. Consuming Alcoholic Beverages on the public streets, in vacant lots, or in places solely licens to vend Alcoholic Beverages for consumption off the premises is unlawful and strictly prohibi -d. The City Manager may declare an exemption from the prohibition of consuming Alcoholi Beverages as stated herein and declare the prohibitions inapplicable on special occasions. Such special occasions shall require a special event permit or temporary use permit -s applicable, with any associated notice and fees that may be required. Sec. 4-2. Definitions. (a) For the purposes of this Section, the following words and phrases shhave the meanings ascribed to them. Alcoholic Beverages: Beer, wine, liquor, and any other beverage as Title XXXIV of the Florida Statutes, as amended. fined in and regulated by Alcohol Service Establishment: Any establishment that sells or .ffers for sale Alcoholic Beverages for consumption on the premises as a principal u--. Alcohol Service Establishments may include, but are not limited to, bars, taverns, cocktail I• noes, Nightclubs, supper clubs, and microbreweries. Food service establishments wher: he sale of food is the primary use are excluded from the definition of Alcohol Service Establi ment. Ancillary Use: Any use which is not the primary us= of the establishment. Bottle Club: An establishment with a valid "bot Alcoholic Beverages are not sold but where Beverages on the premises. club" license issued by the State and where trons are allowed to consume Alcoholic Cafe: An establishment in which coffe- -nd light meals are served along with the sale of beer or wine for consumption on the premis . and that may seat fewer than twenty (20) patrons pursuant to a valid license issued • the State in connection with the operation of said food service establishment. Cafes mu . derive at least sixty (60) percent of its gross food and beverage revenue from the sal- of food and non -Alcoholic Beverages during the first sixty (60) day operating period and ea. six (6) month operating period thereafter. Cafes may include, but are not limited to, Cafes, c• ' ee shops, sandwich shops, and cafeterias. Cafes shall not sell Alcoholic Beverages afte• the hours of serving or consumption of food have elapsed. Convenience Store: retail business opened primarily for the sale of products other than beer or wine and which ay sell beer or wine in sealed containers only for consumption off premises. Grocery stores a - considered to be Convenience Stores for purposes of this Chapter. Districts — In. strial: The following Transect Zones shall be considered Districts - Industrial for purposes • " this Chapter: D1, D2, and D3. Distric : — Mixed -Use: The following Transect Zones shall be considered Districts - Mixed -Use for p poses of this Chapter: T4-L, T4-O, T5-L, T5-O, T6-L, T6-O, and CI -HD. stricts — Residential: The following Transect Zones shall be considered Districts — Residential or purposes of this Chapter: T3-R, T3-L, T3-O, T4-R, T5-R, and T6-R. City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/2018 SUBSTITUTED Entertainment District: A district within the Urban Central Business District ("UCBD") of the City which allows a high concentration of specialized entertainment Alcohol Service Establishments. Liquor Package Store: An establishment licensed by the State to sell Alcoholic Beverages in sealed containers only for consumption off the premises. Consumption on the premises is strictly prohibited. Miami 21 Code: The Zoning Ordinance of the City of Miami, Florida, as amended. Nightclub: An Alcoholic Service Establishment where such business serves as a pla of entertainment open at night providing music and space for dancing and oftehaving a floor show. A Nightclub shall provide floor space of at least 400 square fe= located in one (1) unit and on the same floor, suitably prepared for dancing, free fr'. tables, chairs, or other obstructions at all times, and generally exceeds 5,000 .quare feet of total gross floor area. Private Club: A non-profit establishment whose character is that of a fr- -rnal or social nature and that sells or offers to sell Alcoholic Beverages by the drink for co -umption on the premises pursuant to a valid license issued by the State. Restaurant: A food service establishment that meets all of the f• owing requirements: (1) Derives at least fifty-one percent (51%) of its gross fo.. and beverage revenue from the sale of food and non -Alcoholic Beverages during the irst sixty (60) day operating period and each twelve (12) month operating period theyfter; (2) Licensed by the State's Division of Hotels and ' staurants; (3) Sells or offers for sale Alcoholic Beverages fo onsumption on the premises pursuant to a valid license issued by the State permittin. such activity; (4) Equipped to seat at least twenty (20) pat. s at one (1) time; and (5) Does not sell Alcoholic Beverages after e hours of serving or consumption of food have elapsed. Retail Specialty Center: A mixed -use dev- opment with a minimum of 50,000 square feet of net leasable area made up of a retail mixtu • of general commercial establishments and Restaurants. In addition to the above ie following are required: (1) At least one of the following pes of uses: lodging, residential, assembly hall, or office use; (2) A unified plan of develo• ent which shall include, but not be limited to, plans providing for the different us in the development to be physically integrated through direct access from on o the other; (3) Parking provided . an on -site enclosed garage; and (4) All project uses der common management. Sale and Sell: Any '-nsfer of an Alcoholic Beverage for consideration; any gift of an Alcoholic Beverage in conn ction with, or as a part of, a transfer of property other than an Alcoholic Beverage for a r.nsideration; or the service of an Alcoholic Beverage pursuant to any license issued by the state pursuant to Florida Statutes. Schools: , y public or private elementary school, middle school, or secondary school. Shop •nt: A frontage of a building that is aligned close to the frontage line with the building entr nce opening to the sidewalk or street. specialty District: A district within a unique and distinctive neighborhood in the City which allows a high concentration of Alcohol Service Establishments. City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/2018 SUBSTITUTED Waterfront Specialty Center: A building or buildings with adiacent on -site parking spaces, under common ownership or common management, abutting or linked to a navigable water body, having a unified commercial plan of development, with a minimum of 50,000 square feet of leasable area, and containing a mixture of Restaurants, entertainment facilities, and general commercial establishments. (b) None of the preceding provisions shall be deemed to modify, repeal, amend, or supersede any of the provisions in the Miami 21 Code. Sec. 4-3. Hours during which Sales allowed; Permits and public hearing required. (a) It shall be unlawful to Sell serve offer to Sell allow to consume or deliver - Alcoholic Beverage to any person, except during the following hours: Establishment Hours of Operation Notes Type Alcohol Service Mon — Sat: Extension of ours to 5:00 a.m. Establishment 11:00 a.m. — 3:00 a.m. allowed b xception as outlined in Sun: Section ' -7. Exte sion of hours to 5:00 a.m. 12:00 noon — 3:00 a.m. Nightclub: all-- ed by Right if located within the BD, Omni CRA, Central Design 7:00 p.m. — 3:00 a.m. District, or Southeast Overtown/Park West CRA. Consumption on premises. Bottle Club Mon — Sun: Consumption on premises. 11:00 a.m. —3:a.m. Liquor Package Mon — Sat: Hours automatically extended to Store 9:00 a.m. 12:00 midnight. 10:00 p.m. on Sundays in December. Sun: Consumption off premises. 9:01 a.m. — 7:00 p.m. Convenience Store i on — Sun: Convenience Stores with a gross floor 11:00 a.m. — 10:00 p.m. area that exceeds 10,000 s.f. and/or that are Ancillary Uses to the sale of gasoline may sell beer or wine in sealed containers for consumption off the premises during such hours as the stores legally remain open for the sale of other goods. Consumption off premises. •dginq Mon — Sun: Consumption on premises. Ancillary Use) 7:00 a.m. — 3:00 a.m. Private Club Mon — Sun: Consumption on premises. 7:00 a.m. — 3:00 a.m. City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/2018 SUBSTITUTED Notes Restaurant Mon — Sun: Consumption on premises. 7:00 a.m. — 3:00 a.m. Cafe Mon — Sun: Consumption on premises. 11:00 a.m. — 10:00 p.m. Other Mon — Sun: Consumption on premises. Establishments 7:00 a.m. — 3:00 a.m. *Closing hours may be modified by Sections 4-5 and 4-6 of this Chapter. (b) The City Commission may extend the hours of sale for any Alcohol Se ce Establishment for consumption on or off the premises on special occasions . resolution. (c) In the Coconut Grove Central Commercial District, the hours of s e for Alcoholic Service Establishments are weekdays, including Saturday, from 11:00 a.m. to .00 a.m. on the following day and on Sunday, from 12:00 noon to 3:00 a.m. on the following d. . The boundaries for the Coconut Grove Central Commercial District are set forth in Exhibit''." Sec. 4-4. Distance separation. (a) For Alcohol Service Establishments, Liquor Package purposes of this Chapter, any distancing requirem the front door of a licensed establishment to the with the same license type along the route of o tores, and Bottle Clubs: For is set forth shall be measured from nt door of a proposed establishment inary pedestrian traffic. (b) From Alcohol Service Establishments, Liq .r Package Stores, and Bottle Clubs to Districts - Residential, religious facilities, •r Schools: For purposes of this Chapter, any distancing requirements set forth shall ,e measured from the front door of a licensed establishment to the nearest point o a parcel of land along the route of ordinary pedestrian traffic. (c) Distance separation within the ' ity's boundaries in Districts - Mixed -Use and Districts — Industrial for licensed establi . ments under the laws of the State that allow for the consumption or sale of liq •r on or off the premises and/or beer or wine for consumption on the premises shall be : minimum of 1,500 feet from a license of the same type. (d) The specified distric : as set forth below are subject to the following modifications to distancing and us- equirements for Alcohol Service Establishments only: District Minimum Distance City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/2018 SUBSTITUTED UCBD 500 feet Restaurants and Cafes are allowed by Right. Exhibit "A" Alcohol Service Establishments are allowed by Right in T6 Transect Zones. Central Design 500 feet Restaurants and Cafes are allowed by Right. District Exhibit "B" Midtown 1,500 feet Alcohol Service Establishments are all. ed by Exhibit "C" Right. Omni CRA 1,500 feet unless Alcohol Service Establishme► s are allowed by Exhibit "D" within the UCBD Right in T6 Transect Zone where 500 feet shall apply Southeast 1,500 feet unless Alcohol Service E _ blishments are allowed by Overtown/Park within the UCBD Right in T6 Tran -ct Zones. West CRA where 500 feet shall Exhibit "E" apply (e) Existing establishments requiring dista moved to a distance not greater than Alcohol Service Establishment prior, provisions set forth under the Se Specified Uses to a School or a at a greater distance from a S Alcohol Service Establishm�it. e requirements as set forth above may be 0 feet from the original location by Right. If the o being moved is legal nonconforming to the on identifying Distancing Requirements from eligious facility, the proposed location shall be located ool or religious facility than the previous location of the (f) Distancing Requiremen$from Specified Uses: Specified Use Mini um Notes Di . nce District - 5r I feet Unless so constructed, arranged, or controlled as to Residential prevent the emission of sounds, vibration, and odors. For consumption on premises only. Religious 300 feet Does not apply to any licensed Alcohol Service Facilities Establishment that precedes the establishment of a UCBD* religious facility. Sc► •ols in 300 feet Does not apply to any licensed Alcohol Service BD* Establishment that precedes the establishment of a School. Religious 300 feet Does not apply to any licensed Alcohol Service City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/201 SUBSTITUTED Facilities in Establishment that precedes the establishment of a Districts — Mixed- religious facility. Use* and Districts - Industrial* Schools in 1,000 feet Does not apply to any licensed Alcohol Service Districts — Mixed- Establishment that precedes the establishment of a Use* and School. Districts - Industrial* * Distance requirements may be modified by Sections 4-5 and 4-6 of this Chapter. (q) Reductions in distance set forth above for consumption on premises e blishments may be reduced by up to fifty percent (50%) by Exception issued by the P nninq, Zoning and Appeals Board ("PZAB") with approval by the City Commission pur ant to criteria set forth in Section 4-10 of this Chapter and the requirements of the iami 21 Code. (h) The requirements as to distance limitations set out above shnot apply to the following specified uses nor shall establishments meeting the followi requirements count as distance impacts to other establishments: Specified Use Notes Restaurants • Restaurants that meet the Sta - requirement for the issuance of a 4COP SFS license. A Restaur , nt meeting the requirements of a 4COP SFS license may substitute :id license with a 4COP Quota license. • Restaurants not meeting e requirements set forth above shall be allowed the allocation of - 4COP Quota license by Warrant. • Restaurants with a 2C, - license. • Restaurants shall ve no signs advertising the sale of Alcoholic Beverages visible om the exterior. • Restaurants sha always be subject to audit and inspection by the City for the purpos= of determininq that such establishments are complying with the req ' ements set forth in this Code. Cafes • Cafes s . I be allowed the use of a 2COP license by Warrant. • Cafes - all always be subject to audit and inspection by the City for the pun:), e of determining that such establishments are complying with th- equirements set forth in this Code. Residential or • or mixed use buildings with 100 — 299 dwelling units, one (1) Alcohol Mixed Use Service Establishment is allowed by Exception. buildings • For mixed use buildings with 300 — 399 dwelling units, one (1) Alcohol Service Establishment is allowed by Right and one (1) additional Alcohol Service Establishment is allowed by Exception. • For mixed use buildings with 400 or more dwelling units, two (2) Alcohol Service Establishments are allowed by Right and one (1) additional Alcohol Service Establishment is allowed by Exception. • Alcohol Service Establishments with Shopfronts are not exempt from distance separation requirements. odginq • One (1) Alcohol Service Establishment per 50 or more guestrooms or Historic Structures with one (1) or more rooms as provided by Florida Statutes. City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/2018 SUBSTITUTED • Alcohol Service Establishments with Shopfronts not exempt from distance separation requirements. Office or • One (1) Alcohol Service Establishment per 60,000 square feet devoted Work/Live to and maintained for office space. • Alcohol Service Establishments with Shopfronts are not exempt from distance requirements. Private Clubs • Must be chartered in the County for not less than three (3) mo s. Waterfront • Must be located on City -owned property. Specialty Center • Allowed by Exception with City Commission approval. • Within any one (1) Waterfront Specialty Center, not m. e than 50 percent of the Waterfront Specialty Center's establis- ents shall be issued certificates of use or temporary certificates .• use as an Alcohol Service Establishment. • If a Waterfront Specialty Center is located wit • a Specialty District or Entertainment District, the Alcohol Service .tablishments within the Waterfront Specialty Center shall not be c► nted against the total number of Alcohol Service Establishme s allowed within the Specialty District or Entertainment District. Retail Specialty • Shall not exceed one (1) Alcohol -rvice Establishment per 20,000 Center gross square feet of the retail c• ponent. • Shall not exceed five (5) total Icohol Service Establishments. • If a Retail Specialty Center •. located within a Specialty District or Entertainment District, th= Alcohol Service Establishments within the Retail Specialty Center . all not be counted against the total number of Alcohol Service Esta. shments allowed within the Specialty District or Entertainment Distr. t. • One (1) security • and per 100 seats when Alcoholic Beverages are served for con . mption on the premises is required. • Retail Speci. Centers are designated by development agreement approved • - the City Commission or by determination of the Zoning Administ .tor as to the requirements set forth in Section 4-2 of this Chapte . Special Uses for • Mus eet State requirements for the corresponding license type. which special • All• ed as an Ancillary Use to the respective principal use with an Alcoholic - tive Certificate of Use or Temporary Certificate of Use. Beverage ncludinq, but not limited to, the following State licenses: H, HBX, SBX, Licenses are SPX, SAL, SCX, SCC, SA, IX, X, SL, PVP, 11-PA-C, 11PA-P, FEX, issued by the SWP, 11 C, 11CG, 11CGPC, 13CT. State but for which Uses ar: not otherwis: addressed erein Sec. 4 . Specialty Districts. The strictions as to distances between Alcohol Service Establishments herein shall not be ap icable within a Specialty District as defined in Section 4-2 of the City Code as designated by e City Commission and pursuant to Section 562.45(2)(a), Florida Statutes. Location of Alcohol Service Establishments within a Specialty District shall not be utilized when calculating distance requirements of religious facilities and Alcohol Service Establishments located outside the City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/2018 SUBSTITUTED Specialty District, whether existing or new. The following Specialty Districts within the City are described below: Specialty Permit and Hours of Notes District Cap Closing 8th Street Warrant 3:00 a.m. • Shall not be located less than 500 feet fro Exhibit "F" No Cap School. • Shall not be located less than 300 feet om a religious facility. Liberty City Warrant 3:00 a.m. • Shall be closed during School hors. Exhibit "G" 30 Total • Shall not be located less than 10 feet from a School. Little Haiti Warrant 3:00 a.m. • Shall be closed during S• ool hours. Exhibit "H" 20 Total • Shall not be located le- than 300 feet from a School. Orange Bowl Warrant 3:00 a.m. • Shall not be loc. -d less than 1,000 feet from Exhibit "I" 8 Total a School. • Extension of ours to 5:00 a.m. allowed by Exception .s outlined in Section 4-7. Wynwood Warrant 3:00 a.m. • Shall .- closed during School hours. Cafe No Cap • Sha not be located less than 500 feet from a Exhibit "J" S ool. • : all require review and recommendation by the Wynwood Business Improvement District pursuant to Chapter 2 of the City Code. • Shall not be located less than 500 feet between other Alcohol Service Establishments. Flagler By Right .10 a.m. • Shall have no distance separation Exhibit "R" No Cap requirements from a School or religious facility. Miami Warrant 5:00 a.m. • Shall be closed durinq School hours. Riverside 7To.1 Exhibit "S" Sec. 4-6. Ent- ainment Districts. The restricts• s as to distances between Alcohol Service Establishments herein shall not be applicable ithin Entertainment Districts as defined in Section 4-2 of the City Code and as desiqna -d by the City Commission. Location of Alcohol Service Establishments within Entert - nment Districts shall not be utilized when calculating distance requirements of religious facil es and Alcohol Service Establishments located outside the Entertainment District, whether e ' ting or new. The following Entertainment Districts within the City are described below: Entertainment Permit Hours of Notes District and Ca • Closing City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/2018 SUBSTITUTED Brickell Village Warrant 5:00 a.m. • Shall not be located less than 300 feet from a Exhibit "K" 6 Total religious facility or a School. Brickell Riverside Warrant 5:00 a.m. • Shall not be located less than 300 feet from a Exhibit "L" 5 Total religious facility or a School. Park West Warrant N/A • Shall not be located less than 300 feet from Exhibit "M" 11 Total religious facility or a School. Media Warrant 5:00 a.m. • Shall not be located less than 300 feet om a Exhibit "N" 7 Total religious facility or a School. Overtown Warrant 5:00 a.m. • Shall not be located less than 30 feet from a Exhibit "0" 12 Total School. 4-7. Permits and Public Hearings. (a) Alcohol Reservation. Any applicant who wishes to open an Icohol Service Establishment within the City may submit an alcohol reservation -tter request identifying the proposed location to the Office of Zoning for analysis along wi a distance survey from a licensed and certified surveyor which addresses all distanci . requirements from the proposed location within this Chapter if necessary to establish the u and provide payment of $200.00 for processing. If the requirements as set forth in this Chap ' r are met, an alcohol reservation letter may be issued by the Zoning Administrator. Said alco .1 reservation letter shall be valid for three (3) months from the date of issuance with the ► •ssibility of one (1) year extensions if the Zoning Administrator is presented with active buil.q permits, submission of a Warrant application, lease agreement, or any other docu► entation which the Zoning Administrator deems to be evidence of reasonable progress ' acquiring a Certificate of Use for an Alcohol Service Establishment at the proposed loca '•n. Each extension requires a letter of intent, the proposed evidence of reasonable progres and $200.00 for processing. The alcohol reservation letter will reserve the Iocatio' during the approved amount of time from encroachment of newly -proposed Alc. of Service Establishments, religious facilities, or Schools until the acquisition of a Certificate • " Use from the Office of Zoning. (b) Warrant. Where denote owner/applicant shall obtain a Warrant application, the Dir criteria in addition to the s Miami 21 Code: n this Chapter necessary for approval, the property arrant as specified in the Miami 21 Code. In reviewing a tor of Planning shall apply the following supplemental review ndard criteria for Warrants as specified in Article 4, Table 12 of the 1. Operational ► an. An operational/business plan that addresses hours of operation, number of employ' es, menu items, business goals, and other operational characteristics pertinent to the •plication. 2. Par ' g. Regardless of parking requirements specified in the Miami 21 Code, adaptive re -use of : isting buildings for the use requested in the Warrant shall not require any additional parking. owever, new buildings utilizing this exemption shall be required to provide a parking plan ich fully describes where and how the parking is to be provided and utilized, e.g., valet, self .ark, shared parking, after -hour metered spaces, and the manner in which the parking is to b: managed. By a separate Warrant (in addition to the Warrant required for the subject Alcohol service Establishment), one hundred percent (100%) of the required parking may be located offsite within a distance of six hundred feet (600') from the subject Alcohol Service Establishment if the proposed parking is to be "self -park" and a distance of one thousand feet City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/2018 SUBSTITUTED (1,000') from the subject Alcohol Service Establishment if the proposed parking is to be by "valet". 3. For Alcohol Service Establishments proposing capacities over three hundred (300) persons, an indoor/outdoor crowd control plan that addresses how large groups of people waiting to gain entry into the Alcohol Service Establishment and already on the premises will .e controlled. 4. A security plan for the Alcohol Service Establishment and any parking facility. 5. For Alcohol Service Establishments proposing capacities over three hundr . (300) persons, a traffic circulation analysis and plan that details the impact of projecteraffic on the immediate neighborhood and how this impact is to be mitigated. 6. A sanitation plan which addresses on -site facilities as well as off-pr= ises issues resulting from the operation of the Alcohol Service Establishment. 7. A plan depicting proximity of the proposed Alcohol Service E blishment to Districts - Residential. 8. If the proposed Alcohol Service Establishment is within • o hundred feet (200') of any residential use, a noise attenuation plan that addresses how ► •ise will be controlled shall be required. (c) Exception. Pursuant to the Miami 21 Code, all ohol Service Establishments that require an Exception shall be subject to approval by ' e PZAB, and when required, final approval by City Commission. Alcohol Service Est- . ishments requesting extensions of hours of operations or variance from distance requiremen : shall only be permitted by process of Exception with final approval by the City Com sion. In determining the appropriateness of such quest, the PZAB and the City Commission, as applicable, shall take into consideration t - recommendation of the Department of Planning based on the following materials to be bmitted by the applicant as criteria as well as the criteria listed in the Miami 21 Code: 1. An operational/business p : n that addresses hours of operation, number of employees, menu items, business goals, a . other operational characteristics pertinent to the application. 2. A parking plan whic ully describes where and how the parking is to be provided and utilized, e.q., valet, self-p- , shared parking, after -hour metered spaces, and the manner in which the parking is to • - managed. The City Commission or the PZAB, as applicable, may grant approval for on undred percent (100%) of the required parking to be located offsite within a distance of ix hundred feet (600') from the subject Alcohol Service Establishment if the proposed parking to be "self -park" and a distance of one thousand feet (1,000') from the subject Alcohol : ervice Establishment if the proposed parking is to be by "valet." 3. For cohol Service Establishments proposing capacities over three hundred (300) persons, - indoor/outdoor crowd control plan that addresses how large groups of people waiting . gain entry into the Alcohol Service Establishment and already on the premises will be contr. ed. 4. A security plan for the Alcohol Service Establishment and any parking facility. City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/2018 SUBSTITUTED 5. For Alcohol Service Establishments proposing capacities over three hundred (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. 6. A sanitation plan which addresses on -site facilities as well as off -premises issues resulting from the operation of the Alcohol Service Establishment. 7. Proximity of the proposed Alcohol Service Establishment to Districts - Residentia 8. If the proposed Alcohol Service Establishment is within two hundred feet (20. of any residential use, a noise attenuation plan that addresses how noise will be controlle , shall be required, especially in the case of indoor/outdoor uses. Sec. 4-8. Certificate of Use. In addition to the requirements under Chapter 2 of the City Code and Articl7 of the Miami 21 Code, if upon request by the City proof of an alcohol license issued by t State is not submitted to the City's Zoning Administrator within sixty (60) days of the request, e Alcohol Service Establishment's Certificate of Use, Temporary Certificate of Use, an. any approvals obtained under Chapter 4 of the City Code or the Miami 21 Code may be re .ked by the Zoning Administrator. If it is found that an Alcohol Service Establishment is in viola '.n of any laws regarding health, safety, and welfare including but not limited to building cod- , fire codes, the Miami 21 Code, or any health department regulations, the Certificate of Use •r Temporary Certificate of Use shall be suspended for a period of thirty (30) days to allow t - Alcohol Service Establishment to come into compliance. If the Alcohol Service Establishme fails to come into compliance within thirty (30) days, the Certificate of Use or Temporary Ce ' icate of Use shall be revoked. Sec. 4-9. Employees not to mingle with custo rs. It shall be unlawful for employees or entertai -rs in places dispensing Alcoholic Beverages for consumption on the premises to mingle or aternize with the customers or patrons of such Alcohol Service Establishment. Sec. 4-10. Prohibiting sales, etc., dur g emergency. Whenever in the opinion and judg -nt of the Mayor, a public emergency shall be created or exist in the City causing or tendin - to cause public disorder, lawbreaking, and confusion, the City Manager is hereby authori'-d and empowered to prohibit by and through the issuance of his official decree the sale, s= inq, or consumption of Alcoholic Beverages for and during a period of twenty four (24) h rs or such longer period of time as may be described in such decree at all commercial tablishments and at all other places in the City where Alcoholic Beverages are license. o be sold, served, or otherwise dispensed. In the issuance of such decree, the City Man. .er shall have the fact of the issuance and the contents of such decree broadcast by law e orcement communication device and by commercial radio stations and otherwise given p .licity as quickly and as widely as shall be feasible. It is hereby declared to be illegal for an person operating, employed at, or otherwise controlling any of the establishmen or other places described in this Section to sell, serve, or permit the consumptio' on the premises of Alcoholic Beverages during the period described in the decree of the Cit anager provided for in this Section. Each violation of or noncompliance with any of the pro ions of this Section shall constitute a separate offense and shall subject every person guilty ereof to the penalty prescribed in Section 1-13 of the City Code. S- . 4-11. Nightclub. he additional regulations set forth below shall be applicable to all Alcoholic Service Establishments that have been designated as Nightclubs. City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/2018 SUBSTITUTED (a) It shall be unlawful for any person to refuse or prevent or attempt to prevent reasonable inspection of any portion of any Nightclub premises by any City official during any hour in which a Nightclub is open for business. (b) A Nightclub business tax receipt issued by the City Manager's designee is required in addition to any other requirement to qualify that the applicant is of good moral character. In making such determination, the an applicant shall present to the City Manager's designe- the following qualifications: 1. Certificate of Use: Issued by the Office of Zoning. 2. State Licensure: Issued by the Florida Department of Business and Professional Regulation Division of Alcoholic Beverages and Tobacco. 3. Business tax receipt history: Whether such applicant in previously • .erating in this or another state under a business tax receipt has had such business -x receipt revoked or suspended, and the reasons therefor. 4. General Personal History: Such other facts relevant to the g eral personal history of the applicant as necessary to make a fair determination o e eligibility of the applicant. (c) Nonrenewal for certain convictions during a preceding year. 1. No Nightclub business tax receipt shall be issued, re -wed, or allowed a business name change at any time during a business tax re' eipt year at the location of any Nightclub that previously possessed a Nightclub busi r -ss tax receipt when the holder or any managing agent or employee of the holde' of a Nightclub business tax receipt at such location has been convicted of a viola .n of this Chapter or the alcoholic beverage laws of the State during the then -current • siness tax year or during a one- year period to any application request therefor or - ring the City's tax year immediately preceding such new licensing year. 2. A designation of the conviction retiepon by the City under the foregoing paragraph may be obtained at or before th-, tart of the business tax year or prior to the date such business tax receipt is sought • request made to the Office of the City Manager. 3. Any person subject to the for going provision may request and obtain a hearing before the City Commission. After . public hearing, the City Commission may authorize or deny the issuance or renewal • new Nightclub business tax receipt to such person or grant or refuse the request for - change of name on a Nightclub business tax receipt providing any applicable prov -ion of Section 31-35 is fulfilled relative to such request. A holder of a Nightclub busin: s tax receipt for the year preceding the new business tax year, subject to the provi '.ns of this Section, shall not be considered to be operating without a current Night b business tax receipt pending the hearing. Sec. 4-12. Violation of Sta law. It is intended that the pro isions of this Chapter shall apply solely to those beverages constituting Alcoholic : verages under the laws of the State. Every violation of the laws of the State relating to the le of Alcoholic Beverages is hereby specifically made a violation of this Chapter with the s. e force and effect as if the provisions of such laws were fully set forth herein." Secti• 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance declared invalid, the remaining provisions of this Ordinance shall not be affected. ection 5. This Ordinance shall become effective thirty (30) days after final reading and ado• on.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. City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/2018 SUBSTITUTED APPROVED AS TO FORM AND CORRECTNESS: Barnaby L. Min, Deputy City Attorney 1/9/2018 City of Miami File ID: 1374 (Revision: H) Printed On: 1/16/2018