HomeMy WebLinkAboutO-13743City of Miami
Ordinance 13743
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1972 Final Action Date: 1/25/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED
"DEFINITIONS OF TERMS," ARTICLE 4, TABLE 3, ENTITLED "BUILDING
FUNCTION: USES," AND ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL
REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance 13114, the
Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and
WHEREAS, it has been determined that amending Article 1, entitled "Definitions,"
Article 4, Table 3, entitled "Building Function: Uses," and Article 6, entitled "Supplemental
Regulations," to clarify regulations related to Alcohol Service Establishments will improve
the effectiveness of the Miami 21 Code requirements for these establishments; and
WHEREAS, this amendment will help to promote new small business investments
associated with the opening of restaurants within the City of Miami ("City") boundaries
allowing restaurants to serve alcohol incidental to the preparation and serving of meals;
and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March
15, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-021 by a
vote of seven to one (7-1), Item No. PZAB.9, recommending approval of this item to the City
Commission; 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 residents to
amend the Miami 21 Code as set forth herein;
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. Article 1 of the Miami 21 Code is hereby amended in the following
particulars:1
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.
City of Miami Page 1 of 5 File ID: 1972 (Revision:) Printed On: 3/28/2025
File ID: 1972 Enactment Number: 13743
"ARTICLE 1. DEFINITIONS
1.2. DEFINITIONS OF TERMS
Alcohol Service Establishment: A place of business selling alcoholic beverages for
consumption on the premises, and whcrc the sale of food may be incidental to the sale of such
beverages. This includes any establishment in receipt of a valid alcoholic beverage license from
the state which permits the sale for consumption on the premises of alcoholic beverages as a
Use. as a principal use. Alcohol beverage service establishments may include, but are not
limited to: bars, taverns, cocktail lounges, nightclubs or supper clubs.
*11
Section 3. Article 4 of the Miami 21 Code is hereby amended in the following
particulars:1
"ARTICLE 4. STANDARDS & TABLES
TABLE 3. BUILDING FUNCTION: USES
Uses may be further modified by Supplemental Regulations, or other provisions of this Code.
See City Code Chapter 4 for regulations related to Alcohol Bevcragc Service Estab.
Establishments and Food Service Establishments.
*11
Section 4. Article 6 of the Miami 21 Code is hereby amended in the following
particulars:1
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
*
T4 — General Urban Zone
LIMITED/OPEN
FOOD SERVICE ESTABLISHMENT
City of Miami Page 2 of 5 File ID: 1972 (Revision:) Printed on: 3/28/2025
File ID: 1972 Enactment Number: 13743
Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the
City Code, entitled "Alcoholic Beverages."
Establishments under 2,500 square feet of Floor Area with a valid 4COP alcohol beverage
license shall require a Warrant.
ALCOHOL SERVICE ESTABLISHMENT
*
Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the
City Code, entitled "Alcoholic Beverages."
Establishments occupying more than 5,000 square feet of Floor Area shall require an
Exception with approval by the City Commission. Establishments located within an
Entertainment District as defined within Section 4-9 of the City Code shall not be subject to
an Exception permit.
T5 —Urban Center Zone
LIMITED/OPEN
FOOD SERVICE ESTABLISHMENT
*
Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the
City Code, entitled "Alcoholic Beverages."
Establishments under 2,500 square feet of Floor Area with a valid 4COP alcohol beverage
license shall require a Warrant.
ALCOHOL SERVICE ESTABLISHMENT
Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the
City Code, entitled "Alcoholic Beverages".
City of Miami Page 3 of 5 File ID: 1972 (Revision:) Printed on: 3/28/2025
File ID: 1972 Enactment Number: 13743
Establishments occupying more than 5,000 square feet of Floor Area shall require an
Exception with approval by the City Commission. Establishments located within an
Entertainment District as defined within Section 4-9 of the City Code shall not be subject to
an Exception permit.
T6 —Urban Core Zone
LIMITED/OPEN
FOOD SERVICE ESTABLISHMENT
Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the
City Code, entitled "Alcoholic Beverages."
Establishments under 2,500 square feet of Floor Area with a valid 4COP alcohol beverage
license shall require a Warrant.
*
ALCOHOL SERVICE ESTABLISHMENT
Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the
City Code, entitled "Alcoholic Beverages."
Establishments occupying more than 5,000 square feet of Floor Area shall require an
Exception with approval by the City Commission. Establishments located within an
Entertainment District as defined within Section 4-9 of the City Code shall not be subject to
an Exception permit.
D — DISTIRCT
LIMITED/OPEN
FOOD SERVICE ESTABLISHMENT
City of Miami Page 4 of 5 File ID: 1972 (Revision:) Printed on: 3/28/2025
File ID: 1972 Enactment Number: 13743
Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the
City Code, entitled "Alcoholic Beverages."
Establishments under 2,500 square feet of Floor Area with a valid 4COP alcohol beverage
license shall require a Warrant.
ALCOHOL SERVICE ESTABLISHMENT
Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the
City Code, entitled "Alcoholic Beverages."
Establishments occupying more than 5,000 square feet of Floor Area shall require an
Exception with approval by the City Commission. Establishments located within an
Entertainment District as defined within Section 4-9 of the City Code shall not be subject to
an Exception permit.
*11
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. It is the intention of the City Commission that the provisions of this
Ordinance shall become and be made a part of the Miami 21 Code, which provisions may
be renumbered or relettered and that the word "ordinance" may be changed to "section",
"article", or other appropriate word to accomplish such intention.
Section 6. This Ordinance shall become effective 30 days after final reading and
adoption thereof. 2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 5/30/2017
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 5 of 5 File ID: 1972 (Revision:) Printed on: 3/28/2025