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Non. Maurice Ferre
Office of the Mayor
Dinner Yey Offices of
City of Miami
Coconut Grove, Miami,
Fla.
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In re: Report of Committee appointed by
City Commission to study hours of
closing of liquor establishments
Dear Mayor Ferre:
The committee to 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 Dr. Conrad R. Willard (chairman), Tom
Nesbitt, Rita Stone, James Str. t:os, Lt. R. Harrison and the
undersigned.
Carrying out the will of the committee, I respectfully report
to you and Commissioners Gordon, Plummer, Gibson and Reboso
the following findings and recommendations:
-adequate and fair and approach uniformity with County hours as
nearly as is reasonably necessary —except in two categories,
as will be shown be i.ow at sub -paragraphs (a) and (b-1 and 2)
under Paragraph 3.
2. To make the City's hours conform to the County's
might be desirable if the County's were completely fair and
without defect, but that is not the case; thus it is not appro-
priate to set uniformity as the goal, to the exclusion of all
other valid consideration.
3. Taking into consideration all factors proper to
be considered, and giving appropriate weight to the requests
and needs of the various interests (including the public), and
balancing all of the equities in a reasonable manner, the committee
finds that the only changes needed are:
(a)
in liquor bar:, being the 4th category
on Mr. Fereitcik's chart, the hours for
sale should be
Weekdays - 7 A.M.
Saturdays -7 A.M.
undr►y:r -- 12 noon
to 1 A.M. (presently in
effect)
(presently in
effect)
to 1 A.m, (presently
to 7 P.M.
to 2 A.tt.
1 P.M.
76 '01r
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Non. Maurice Ferro
i`U1y 7, 1976
Page two
(b
1) in the Downtown Zone, in grocery stores
(no consumption on premises), being the 1st
Category on Mr. Ferencik's chart, the hours
of sale for beer and wine should be
While Store is Open, But Not From
Saturday Midnight to Sunday Mid-
night under ordinance ff8516,
groceries are presently allowed
to sell beer and wine any time they
are open, on any day of the N4ee )
(b-2) outside the Downtown Zone in grocery stores
(no consumption on premises), being the 1st
category on Mr. Ferenci z' s chart, the hours 'of
sale of beer and wine should be
• While .Store Is Open, But Not from
2 A.M. on Saturday to 12 Noon on
Sunday
4. The above recommended changes are the only changes
we recommend after studying a 1 ]. of thc categories shown on Mt.
Ferencik's chart. You will recall that the scope of our study
was to be all of the categories of licenses.
c Wzre yco to adopt our i jgest i on as to the grocery
stores, you would have to create a Downtown Zone and an Outer
(or General) Zone. The committee recommends that the Downtown
Zone be defined as that area which is bounded on the north by
15th Street, on the south by the Miami River, on the west by the
FEC Railway Right of Way, and on the east by Biscayne Bay. This
appears to be a well defined area, the characteristics of which
make it receive treatment different from that which is accorded
to the remaining area of the city; we see this difference delineated
in many facets of our community life. For example, the Downtown
Action Committee of the Chamber of Commerce was created to deal
with the special problems which are peculiar to the downtown
area. In entertaining applications for federal grants, we see
that federal agencies treat the downtown area as having problems
different from the surrounding area. The fire regulations are
different. The Grand Jury Report of May 1976 singled out the
downtown area for special treatment. And in dozens of other
situations the downtown is recognized as having problems signifi-
cantly different from the: Currc.inding area --problems that relate
to health, safety and welfare of the city. Needless to say,
alcohol consumption contributes to these problems.
6. Chairman Willard has consulted with such eminent
counsel as Marion Sibley, a member of the Downtown Action Committee,
as to whether zone:, may be established for the purpose of imposing
stricter hours of closing in the core area of the city than in
the surrounding area, where the core area i:; peopled by large
number„ of derelicts and where there is a high incidence of
crime. Dr. Willard reports that Mr. Sibley is of the opinion
(461
f#cn. Maurice Ferro
July 7, 1976
Page three
that the establishment of such a zone in the city's hours of
closing ordinances (for alcoholic beverages) would be valid.
We would hope that your Law DepartmFnt would reach the same
conclusion. This report has been delayed because the writer
has been awaiting the decision in a Jacksonville case which
was expected to have something to say on they subject. It has
finally cone down (Jacksonville vs. Goodbr.cad, 331 So. 2d 350,
District Court of Appeal of Florida, 1st District). The under-
signed comai ttee member finds nothing in that opinion which
would interfere.with the establishment of such a zone classi-
fication as we here suggest for the purpose of regulating hours
of closing of liquor and beer establishments.
7. The above suggestions are the result of compromise
on the part of varied and conflicting interests. To adopt cur
suggestion as to the extension of Sunday hours as to liquor bars,
but reject the suggestion as to beer and wine sales on Sunday in
grocery stores would do violence to our work product and upset •
the compromise.
8. If the Commission in its wisdom finds that it is
unable to accept our recommendations in toto, we would hope
that before taking any official actions you would re -refer the
matter to us so that we may then review the matter in the light
of the indications given by the Commission.
9. Liko'.. �' if for `-' re` _^r +nor L ».' nnpar t_rient finds
1
the Zone structuring of (b-1) and (b-2) not to be feasible, we
would hope that before taking any official action you would re -
refer the matter to us so that we may allow the spirit of
compromise to be re -visited upon the situation. The writer
found the other members of the committee to be reasonable
people. We feel that a satisfactory arrangement could be worked
out in the final analysis, through an attitude of compromise,
even if there be some part of our suggestions (a) and (b-1) and
(b-2) to which the Commission might perchance have some objection
upon taking an informal look at this report. In other words,
in the event our suggestions are not accepted in toto, we would
appreciate an opportunity to make revised suggestions in the
light cf what we then learn to be the Commission's attitude
toward this report.
10. This report has been approved by all of the committee
members except one. I am therefore compelled to present this as
the report of the majority of the committee.
Grateful for the opportunity to work on this problem, I remain
ppP. S
Yours very truly,
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