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HomeMy WebLinkAboutO-13886City of Miami Ordinance 13886 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6596 Final Action Date: 12/12/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES;" MORE PARTICULARLY BY AMENDING SECTION 4-5 OF THE CITY CODE TO ADD AN EXCEPTION TO DISTANCE SEPARATION FROM RELIGIOUS FACILITIES IN THE LIBERTY CITY AND LITTLE HAITI SPECIALTY DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Keon Hardemon WHEREAS, the State of Florida expressly allows 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; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on October 16, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19- 045 by a vote of three to four (3-4), Item No. PZAB.3, where a motion to approve failed, thereby failing to make a recommendation for the Text Change as stated herein; 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 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 if fully set forth in this Section. Section 2. Chapter 4 of the City Code, titled "Alcoholic Beverages," is further amended in the following particulars:1 "CHAPTER 4 ALCOHOLIC BEVERAGES 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 3 File ID: 6596 (Revision:) Printed On: 4/28/2025 File ID: 6596 Enactment Number: 13886 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 8th Street Exhibit "F" Warrant No Cap 3:00 a.m. • Shall not be located less than 500 feet from a School. • Shall not be located less than 300 feet from a religious facility. Liberty City Exhibit "G" Warrant 30 Total 3:00 a.m. • Shall be closed during School hours. • Shall not be located less than 300 feet from a School. • Shall have no distance separation requirements from a religious facility. Little Haiti Exhibit "H" Warrant 20 Total 3:00 a.m. • Shall be closed during School hours. • Shall not be located less than 300 feet from a School. • Shall have no distance separation requirements from a religious facility. Orange Bowl Exhibit "I" Warrant 8 Total 3:00 a.m. • Shall not be located less than 1,000 feet from a School. • Extension of hours to 5:00 a.m. allowed by Exception as outlined in Section 4-7. Wynwood Cafe Exhibit "J" Warrant No Cap 3:00 a.m. • Shall be closed during School hours. • Shall not be located Tess than 500 feet from a School. • Shall not be located Tess than 500 feet between other Alcohol Service Establishments. Flagler Exhibit "R" By Right No Cap 5:00 a.m. • Shall have no distance separation requirements from a School or religious facility. Miami Riverside Warrant 7 Total 5:00 a.m. • Shall be closed during School hours. City of Miami Page 2 of 3 File ID: 6596 (Revision:) Printed on: 4/28/2025 File ID: 6596 Enactment Number: 13886 Exhibit "S" *„ 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 thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 10/24/2019 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 6596 (Revision:) Printed on: 4/28/2025