HomeMy WebLinkAboutO-08658AC '/bbb
5/6/77
ORDINANCE NO�. 8658
AN ORDINANCE MENDING SECTION 3.8 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, IN ITS ENTIRETY,
RELATING TO THE HOURS OP SALE FOR ALCOHOLIC
BEVERAGES WITHIN THE CITY BY COMPLETELY
REVISING THE 'HOURS ALLOWED tOR SUCH SALE BY
VARIOUS CATEGORIES OF VENDORS AND ESTABLISHING
DEFINITIONS FOR SUCH VENDORS; CONTAINING ;A
REPEALER CLAUSE AND A SEVERABtLITY PROVISION
AND CONTAINING AN EFFECTIVE DATE,
BE IT ORDAINED 13Y TI1E COMMISSION OP THE CITY OP MIAMI, FLORIDA:
Section I. Section 348 of the Code of the City of Miami,
Florida, as amended, is hereby further amended by repealing the
same in its entirety and substituting the following provisions;
Section 3-8. Hours during which sales of alcoholic
beverages allowed; Sunday sales. Definitions:
(1) (a) For the purposes of this section the following
words and phrases shall have the meanings
respectively ascribed to them:
Bar: C.O.P. Any place devoted to the retailing
and drinking of malt, vinous, or other
alcoholic beverages, or any place where
any sign is exhibited or displayed indi-
cating that alcoholic beverages are ,obtain-
able for consumption on the premises.
Liquor Package Store: N.C.O.P. A vendor licensed
by the state to sell liquor as defined under
the laws of Florida in sealed containers for
consumption off the premises.
Beer and Wine Bar: C.O.P. A bar licensed by the
state to sell beer and wine as defined
under the laws of Florida by the drink
(consumption on the premises).
Liquor Bar: C.O.P. A bar licensed by. he state to
sell liquor as defined under the laws of
Florida by the drink (consumption on the
premises).
Restaurant, Liquor, Beer & Wine; C.O.P, A vendor
of beer, wine and -liquor as defined under the
laws of Florida whose license is issued by.
the state in connection with the operation of
a restaurant and whose sale is by the drink
(consumption on the premises).
Hotel Motel and Apartments; C.a.i'. A vendor of
beer; wineand]aquoc, as defined under the
laws of Florida whose license is issued by
the state in connection with the operation
of a hotel, motel or apartments, and whose
sale is by the drink (consumption on the
premises),
vote :Club fit C I0, P . A vendor of liquor as
e . re un e er the laws of Florida whose
character is that of o. fraternal or aortal
nature and which asaaeiatiet or organization
is not operated or maintained for profit and
whose sale is by the drink (consumption on
the premises)
fi ,ght _Club . C.O.P. A vendor of liquor as -defined
under the laws of Florida whose sale is by
the drink (consumption on the premises) and
where the place of business is located within
any building establishment and operated for
the purpose of providing meals and refreshments
prepared on the premises, together with vaude-
ville, theatrical entertainment or dancing,
and where such place of business operates after
11:00 P.M., and where meals, alcoholic bever-
ages and refreshments prepared on the premises
are served and sold to the public in connection
with vaudeville, theatrical entertainment
or dancing, and where, in addition to space
required by chairs and tables for service of
teals to not less than two hundred persons
which shall be set up and maintained, there
shall be provided a floor space of at least
four hundred square feet, located in one unit
and on the same floor, suitably prepared for
dancing, free from tables, chairs or other
obstructions at all times, and where live
band or live orchestra music or dancing
shall be provided daily during the months of
November, December, January, February and
March during any four-hour period extending
from 7:00 P.M. to the hour: of closing the
following morning.
Sale: means serve, sell, offer to sell, allow to
be consumed or delivered.
Supper Club: C.D.P. A vendor of liquor as defined
under the laws of Florida whose sale is by
the drink (consumption on the premises) and
is located in a building or portion thereof
where food is prepared andserved for pay and
for consumption on the premises with accessory
provisions for entertainment on a year round
basis.
(b) None of the preceding provisions shall be deemed
to modify, repeal, amend or supersede any of the
zoning ordinances heretofore or hereafter adopted.
(2) No distributor or vendor of intoxicating and/or alcoholic
beverages or any employee thereof, on the licensed
premises, shall sell, serve, offer to sell,, allow to
be consumed or deliver any alcoholic beverages to any
person except during the following hours;
(a) (i) Vendors of alcoholic beverages operating stores
not located within the Central Commercial Distric
as defined herein primarily for the sale of
products other than alcoholic beverages may
make sales of beer and wine in sealed containers
fot� consumption off the ;premisetinting ouch
as their §thus legally remain open for the + t
ether goods.
(ii) Vender§ :of n1>«otiolic 'bevei~egea operating attire§ located
within the Central Commercial t)iatriet et defined lierptn
primarily for the °sale of products other thee aleoho ie
beverages may make naiea of beer and wine in eealred tend.
tainere for consumption off the premises during eueh
bourn AO their :aorta legally remain open for the sale
of other .goads except that no each tales et beer er
wine shall be permitted on 3uttday.
(iii) the Central +Commercial t isteict as the tetra is used
herein is defined as follows: ,beginning at the
intersection of Biscayne stay and the Miami rover
end following the Miami River in a westerly direction
to the centerline of South Miami Avenue, and theatre
north along the said centerline of South Mani Avenue
to the centerline of S.W. 4th Street, thence went along
said centerline of said S.W. 4th Street to the west lot
line extended of lot 16, flock 155N, Miami (A. ..
ktNOt4LT0N), thence north coinciding with the said exten-
ded westerly tot line of Lot 16 and continuing north
coinciding with the westerly lot lines of Lots 16 thtu
18 and Lots 1 thru 3 of Block 13SN, and Lots 8, 9 and 1
of Block 134N to the t`.t:,C.R.R., thence northwesterly
and thence north along the P. B. C.lt.tt. to the center'
line of N.W. Sth Street, thence east along the said
centerline of N.W. 5th Street to the centerline of North
Mend Avenue, thence north along the centerline of North
Miami Avenue to the centerline of N.B. 6th Street, thence
east along the centerline of N.B. Gth Street as pro-
jected to Biscayne Bay, and thence along the westerly
shoreline of Biscayne Bay in a southerly direction to
the point of beginning.
dl`
(b) The hours of sale for alcoholic beverages by the following
establishments are: (i) weekdays, including Saturday, from
7:00 A.M. to 3:00 A.M. on the following day; (ii) Sunday,
from 12:00 NOON to 3:00 A.M. on the following day:
Beer & Mine Barr C.O.P.
Liquor Bar: C.O.P.
Restaurant, Liquor, Beer & Wine: C.O.P.
Hotel, Motel & ApartTnnts: C.O.P.
Private Clubs, Liquor: C.O.P.
(c) The hours of sale for alcoholic beverages by a Liquor Package
Store: N.C.O.P., are: (i) weekdays, including Saturday, from
7:00 A.M. to 10:00 P.M.; (i) Sunday, no sales are permitted.
(d) The hours of sale for alcoholic beverages by the following
establishments are: (i) weekdays, including Saturday, from
7:00 A.M. to 5:00 A.M. on the following day; (ii) Sunday,
from 12:00 NOON to 5:00 A.M. on the following days
Nightclubs; C.O.P.
Supper Clubs: C.Q.P.
(o) The City Commission may extend the above hours of wale for
alcoholic beverages for consumption on or off promisee on
special occasions by reaolutipn.
Section 2, if any a ction, part of section, paragraph, clause,
phrase, or word of this ordinance is declared invalid, the remaining
provisions of this ordinance shall not be affected.
Section 3. All ordinanceo, code aectiona or pares of
ordinances, insofar as they are inconsistent or in conflict with
the provisiona of this ordinance are hereby repealed.
Section 4, The provisions of this ordinance shall become
effective on July 1, 1977.
PASSED ON FIRST READING BY TITLE ONLY this 19Tw day of
MA 1977.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY, this 10) day of MAY , 1977.
ATTEST:
PREPARED AND APPROVED BY:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
,MAuktek,
MAURICr , ERRE
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE F. 1NOX. JR.
CITY ATTORNEY
.4-
MIAM1 it VICW
AND DAILY PtretSIM
Patilidelt natty tteept Smoilith htihy ea
tight NM*,
MINE14 thth earotty. Moth
STATE CP MINIM
Matt OP NOE
Nem the =entlinniestl •UD8flty tniehiAlle An.
!sloe Non Obetsp.. *Ile en es sops DIN Al
eilkOdAnt ill Mt MollihNI Vino Isno Iry An
Int Ritter& s natty weep este si, S sp in
IOW trandityl) novagistoolt euellt ed at tend In
Ado temp, rImest felt tisnsense tee, ovet,
thddtiOnt,, bona s mat vedlientInt er idle, In
tne Matter Or
t/TY or mIAmt, bAbt COUNTY
•••••••••••••••• 4444444444 ••••••••1.••••••1••••••• 444 •• 44444 44 10611"0•••••••••••••••••••• 444 • 4 6.1
Ret orditiatice No. 8655, etc.
In the 44 >)t>c5c5t Celine
enisk t IIthlj in al h1wIbpp 111 irtie uuu or
May 25, lgr?
Anliott further Awl Hilt the said MIAMI nevIew
And pally Record is $jowtoAper oubilehed At !Oland,
In mod Dade County, Florida, end IMO the SAM nears,
ltieer& hAteloyes been tontIntabuily published th
ld bade County, fierier", elieh day (steel SatutdAy,
widow And 1...161 Milder') and iris been entered At
tenon') Olaf Melt Metter et the abet Mee 111 MUM,
et tete petle County, FteolnA, ter A period et one yAmt
next oreessIng the drat hul(leatIon et the attethed
copy of Aavettiserniiiitt And MUM further *eye that
*he het *rower bald not ntendied Any person. Mtn
or tembritleft 'thy disteunt, tebete. oefignIttlott or
Wend for the purpose et teething this advertisement
tot publication In tha *pat
reliinmloalon astilkikkut*-11
il
4.314 t '44
to and Aubsck
• May.•ze
4
e a
4t*"Z(*)
t ala.11
a.
me this
'17
444
•• • • 4.4
da t Large.
'• SP M714 Mararls:"7t1ITY
• fsA411211
. ,
" Ieltet ,
Art *Vas* ithiSSJOLIESIIIIII
CIIIIIINIIININSI*Irritif.)14, 4 ^7"177 'Tv P'
strata: 4• ,.t. 4, • 4-
44:
-
• —001111INAttet tts, r s• '
AN ON6INANVI AAAR401104 THV toyOPMIJMI that,
SECTION 114;INVIRONMENTAL PRESERVATION.
REVIEW 110ARG, 11)V DELETING. SUESECTION- /II)*
NUMBOIC VOIVI BMW I RED PONCERTAIN ACTIONS: , •
• NuMBEN OP VOTtr VOLI1 RED PORCE ATMS AtTIONSI
OUORUM, AND'AEY (DOHA A,NW ,SUSSEMON (12
OUONU . TO CHAN V, THE NUMBER�P VD OS Rtiv
DECISION OP, Agir V NT,
• ' "REIM ALIN& ALL OROINANC &IN CONALleTHEREWITH
ANO CONTAINING A SEVERABILITY 'PROVISION,. • • .
:b0DINANCE NO
AN oftriiNiktr ,AmiNotwo inottiosti NO. Ifit AS 1
. AMENDED' .THE APPROPRIATIONS 01201NANCIS PON `1
•FISCAL YEAft1024.1'6EDOPTED NOVEMEER Mk EY
AMENDING SECTIONS1,,AND THEREOP, PROVIDING
HE .POR TCREATIOICON' A KIND ENTITLED *
•,,AMERICAN TRADVEXHIBITION TRUST AND AbeNcv
ruND,•,ANts MVING A TOTAL AaMicreitiAttoN
• TovvAltb SAID PU 0 IN THE AMOUNT CIP 8L0SS,000, AND
' PROVIDING POI/. REVENUES IN SAIDEMOUNT) CON. ;
' TAMING A REPEALER PROvISION,,VSEVERAEILITY
CLAUSE AND AN EroecTive DATE,.
- • 0415INANCE NO VV. •
AN ORDINANCE 'AMENDINGsIHE MIAMI tiTY
• EMPLOYEES RETIREMENT SYSTEMICIRDINANCE NO, "
2230, DECEMBER s, 1430, Al AMENDED) AS APPEARING
.iN coDIPMATION 'FORM AS A PART OP CHAPTER2 OP
THE CODE OP THE CITY OP MIAMVPLORMA,10S7. AS
AMENDED, MORE PARTICULARLY ANIENOIND SECTION
21, AS AMENDED, OP SAI b CH APTE R SI PROVIDING THAT
IP A MEMBER CANNOT FULFILL THE APORESAIDCON, "
DIT1ONS AND /I SOUllteME NTS OF THIS SECTION WHICH '
age- NICRISARY.,rolt RESTORAtIONAGP .112IftVICE
CREDITS, HE MAY, NEVERTHELESS. BE PERMITTED TO
REDEPOSIT OR PAY If ACK HIS sultvicaciteDsT UP *TO A
• MAXIMUM Or PON._ ,YEARStyptIRTHEIheltOVIDING
THAT SHOULD, A ,MEmbEIt DIME 470 PAY .11Atit'
• UNDER: tHm;HBASIN SUBSECTION, .1Elb/PAYSACK
SHALL BE MADE tINOER HIS CURRENT COMPENSATION .
RATE As 'THE, EASIS PON DETERMINING.COSTS IN.
:vOLvED, PROVIDING .THAT HIS SEPARATION PROM. I
• pRIDILEMPLOYMENT WITH THE CITY.OPMIAMI SHALL
HAVE' BEEN ,UNDER 'HONORABLE CONDITIONS; '"‘*
• ' REPEALING 'TALL' ORDINANCEE OR PARTS VP OR... I
DINANCES IN CONFUCT•HENEIN),ANDCONTAININD
SEvERASILITYPROVISION AND AN EPPECTIVE OATS.
* tv.s. •••0 , • - t
11P3r4-1-:'
AN-ONOINANCE AMENDING sgeriiii4i34,* TM CODE,; '
or THE eiTY,OP MIAMI; PLORIOA; IN MS ENTIRETY. •
RELATING TO,THE HOURS OP ALE ON ALCOHOLIC '
BEVERAGetriNITHIWTHE CITY BY 4COMPLETELY
• :REVISINOTHE 'HOURSALLOWED PON SUCH•SALE EY
VARIOUS' 'CATEGORIES ''OP—"VEWOONS LAND -
ESTABLISHING"- beRINITIGNS 1:001'StICHNENDORSi ;
CONTAINING'A, REPEALER CLAUSE AND'A.
SEVERABILITY'PR.OVISION,AND CONTAINING.AN BF
FECTIVE GATE; -' ' - ,
•
• •'*.RALPH,O. 646)0. •
_• 4"4:•••,, CITY CLERK .* *.
puboottan sr Ells flotice0 the IS dor of Alsre1f7/ •
o.; ,
.Mort, Maurice 1eire
D fice of the Mayor
Dinner Key Offices
City of Miami
Coconut Grove
Miami, Ft 33133
Re: Second Report' of. Cottn i'ttee to : Study
T ours of...Clo.sitg.._of ..L_iquo,f'. Es,t.ab_1_i-shine
Dear Mayor Ferre:
The expanded committee to re -study hours of closing of liquor
and beer establishments has completed its deliberations and
has assigned to me the duty of reporting on its findings and
recommendations. The committee consists of Tom Nesbitt, Rita
Stone, James Stratos, Lt. K. Harrison, David D. Phillips, Mrs,
I,Ricky Caminiti, Father John Edwards, David Fincher, Jerome
Robinson, Al Sakolsky, Luis Sabines, and Dr. Conrad R. Willard,
Chairman.
Carrying out the will of the committee, I respectfully report
to you and Commissioners Gordon, Plummer, Gibson, and Reboso
the following findings and recommendations:
1. There is attached hereto a chart entitled "Hours
for Sale of Alcoholic Beverages Proposed by Mayor Ferre's
Committee (April of 1977)" which reflects the hours of closing
which we recommend.
2. Bearing in ;Hind the guidelines given to us by
you and the commissioners, we have reconsidered that portion
of our July 7, 1976 report which is designated (b-2) in para-
graph 3 on page 2. We now feel that there should be no
limitations on grocery stores outside the downtown zone. We
therefore recommend the hours of sale of beer and wine in
that category to be: "While Store is Open". This applies
seven days a week.
3. We feel that we have achieved uniformity between
the various types of liquor establishments within the city, as
nearly as is feasible, by recommending that 7 AM be the opening
hour and 3 AM be the closing hour six days a week (with noon to
3 AM being the Sunday hours) for:
Beer & Wine Bars C.O.P.
Liquor Bars C.O.P.
Hotel, Motel & Apartments
Private Clubs Liquor C.O.P.
Night Clubs
Supper Clubs
these being the 2nd, 4th, 5th, 6th, 7th, 8th, and 9th cate-
gories on Mr. Ferencik's chart and constituting all of the
Consumption on Premises (C.O.P.) establishments.
4, Other than as is specifically discussed herein,
we re -assert the matters set forth in our July 7, 1976 report,
particularly as regards the differentiation between the down-
'town zone and the rest of the city as regards grocery stores
Anti convenience stores selling beer and wine,
5, It is obvious that no solution will suit every-
one, We have considered all of the factors which we feel are
involved, such as (but not limited to) a distinction between
liquor establishments in residential areas on the one hand
and those: in the non-residential areas on the other, However
Itoor r rre
4, l 1' 7
g
ther to whieh we iaiie liven the n we ght i balm i i
the:qutieS between' all' partics (ineludh theubi, the
o:iee, and the industry) is the desire for Uniformity
- • 6' The above recotntneridatiotts (including those on
:the attached chart) have been approved.by a majority of.the
cettnittee
.present 18, 1977 meeting,
,kegret,to report that 100% atteidance,but at1thetnbers ' were given ample notice, Notice . of• the meeting \etas
duly published in the local. paper as required by the Coverni.
trient in the Sunshine Law,
On behalf of.the Committee, I wish to express appreciatict
for the opportunity to work on this problem. It Is assured
that this will conclude our work' on this matter, in whioh'
you ' case may want to terminate the committee's existence.
On the other hand, if there is some further service we can
-render, we are available.
Very truly yotiltl,
Conrad''1. Wi11er
Chairman
Attachment
•
3$1~ b, 3L t YOR t cnnU F 'C.Oi1E ftf
TYPE Or
tIC1,N5t
tEtR & WIt8 IN OROCi 1 'Y
tONVENIINCE STORES
N,C.0,1?,=ONTSIbt
'DOWNTOWN ARBA
:SEER & VINE IN 'GROCER
& • COUV1!t'1I1 NCt STORES
N . C , O . P , = IN DOWNTOWN 'AREA,
Bt EtZ & WINE BAR
Czo.P.
RESTAURANT, LIQUOR,
• BEER & WINE
,C.0.P,.
NIGHTCLUBS
WEEK
SATs
WEEK
SAT.'
SUN.
WEEK
N,
F
PROPOSED 11OURS MR SA
'it# le Store
While Store
While Store
is Open
is Open
is Open
While Store is Open, flint
Not from Saturday Midnight
to Sunday Midnight
7 AM to 3 AM
7AMto3AM
Noon to 3 AM
7 AM to 10PM
7 AM to 10 PM
No Sales
7 AM to 3 AM
7 AM to 3 AM
Noon to 3 AM
7 AM to 3 AM
7 AM to .3 AM
Noon to 3 AM
MIAMI REVIEW
ANb DAILY �b•. •
Ptibilshert Wit), except S,tuuMy SuMdj marl
Legal Holidays
Miami, bade County, notida
"1-A1t OF 'FLORIDA
OUNI'Y OF DAbE:
Before the, undersigned authority 1,0501411y ap.
•earad Ruth Glatter, who Oh oath say§ that 'She
s Assistant to the Publisher of the Miarril.RevIeW and ,•,
raily Record, a dell), (except saturday, Sunday'.ind
egal Holidays) newspaper., Published et Miami in •
'ode County, Florida; that the attached COY Of radvet-
iseMent. being a Legal Advettiternerit or Notice ifl.
he matter of
!ITY OF MIAMI, DADt COUNTY
et Ordihatite' NOb 8658 tOt1OBriutig,,-
sa'6'f11.COhOlte?Is6VY14ge
11 the :Xkkkx • eak
,as rantrlished in said newapaper the issues of
¶ay 25; 1977
Aftiant further says that the said Miami Review
and Daily Record Is a newspaper published at Miami,
in said Dade County, Florida, and that the said news-
paper has heretofore been continuously published In
said Dade County, Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
second class mail matteat the post °Hite In Miami,
in said Dade County, Florida, for a period of one year
next preceding the first publication of the attached
copy of advertisement; arid affiant further says that
she has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement
for publication in the said newspaper'.
• • . •
....Oft: 0, o
O
Votetm v.
+pater" State of
i2frAgirnmission
to and sub4•412 d fit e me this •
May n7.2
_
13Abe COUNtY) PLORIDA
NCItiet tO ?NE PUBLIe
HOURS OP SALE
'OP ,ALt0HoLic-
BEVEllAtet IN
tHt erre OF MIAMI
tPPEttivE bATE
OF ORbiNANcE
All interested persons please
take notice that Ordinance NO.
• 865e patted and adopted May 19,
19/7 concerning the Hours of Sale
of Alcoholic Beverages Ih the City
of Miami will become effective ofl
the following date:
PRIDAY, JULY 1, 1977
Ralph G. ONGIE
City Clerk
City of Miami, Florida
Publication Of this notice on the
25 day of May, 1977 -
5/25 M 51147
• , „