HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney ?)
DATE: March 22, 2018
RE: Proposed amendment to Chapter 38 of the Code of the City of Miami,
Florida, as amended, for consideration by the City Commission.
File No. 3636
The attached proposed amendment to Chapter 38/Article III/Section 38-115 of
the Code of the City of Miami, Florida, as amended, entitled "Parks and Recreation/In
General/Authorization of the Bayfront Park Management Trust to allow the sale and/or
dispensation of alcoholic beverages, including beer and wine, for special events,
performances or programs," removes the prohibition of sales for content specific events.
Attachment(s)
VM/BLM/GKW
cc: Emilio T. Gonzalez, City Manager
Anna Medina, Agenda Coordinator
City of Miami File ID: 3636 (Revision:) Printed On: 3/31/2025
City of Miami
Legislation
Ordinance
Enactment Number :13751
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 3636 Final Action Date:3/22/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
38/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "PARKS AND RECREATION/IN GENERAL," BY AMENDING SECTION 38-
115, ENTITLED "AUTHORIZATION OF THE BAYFRONT PARK MANAGEMENT
TRUST TO ALLOW THE SALE AND/OR DISPENSATION OF ALCOHOLIC
BEVERAGES, INCLUDING BEER AND WINE, FOR SPECIAL EVENTS,
PERFORMANCES OR PROGRAMS," BY REMOVING THE PROHIBITION OF SALES
FOR CONTENT SPECIFIC EVENTS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") recently amended its regulations regarding the
sale and distribution of alcoholic beverages; and
WHEREAS, Section 38-115 of the Code of the City of Miami, Florida, as amended ("City
Code—) further regulates the sale and distribution of alcoholic beverages in the Claude and
Mildred Pepper Bayfront Park ("Bayfront Park"); and
WHEREAS, Section 38-115 of the City Code specifically prohibits the issuance of a
permit for the sale or dispensing of alcoholic beverages, including beer and wine, in soft
containers in Bayfront Park in connection with a hard rock, rap, heavy metal, or other musical
event of the type which requires extraordinary security measures; and
WHEREAS, such prohibitions may run afoul of constitutional safeguards against content
based regulations; and
WHEREAS, it is in the best interests of the City to amend the City Code to remove such
constitutionally defective language;
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 and incorporated as if fully set forth in this section.
Section 2. Chapter 38/Article I of the City Code is amended in the following particulars:1
"CHAPTER 38
PARKS AND RECREATION
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 File ID: 3636 (Revision:) Printed On: 3/31/2025
ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST
Sec. 38-115. - Authorization of the Bayfront Park Management Trust to allow the sale and/or
dispensation dispensing of alcoholic beverages, incl idiRg bear and wi-ne, for special events,
performances or programs.
(a) Notwithstanding any provision in the city Code to the contrary, the Bayfront Park
Management Trust, or its executive director, on such special occasions and for such
special events, performances or programs as deemed appropriate by said trust, or its
executive director, may permit, upon execution of an application/permit form and upon
payment in full of the permit fee specified in city Code section 38-70(g), the sale or
dispensing of alcoholic beverages, including beer and wine, in soft containers in the
Claude and Mildred Pepper Bayfront Park.
(b) There shall be no such permits issued in connection with a hard rock, rap, heavy metal,
or other musical event of the type which requires extraordinary security measures.
(Gb) Such sales or dispensing of alcoholic beverages, including beer and wine, are subject to
compliance with all applicable state and local laws, rules, regulations and with any
special conditions set forth on the application/permit form.
*11
Section 3. 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 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 2/16/2018
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: 3636 (Revision:) Printed On: 3/31/2025