HomeMy WebLinkAboutSubmittal-Devin Cejas, Zoning Administrator-LegislationCity of Miami
9.9,k 9 : Legislation
1 19
` 0 R N Ordinance
File Number:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ALCOHOLIC BEVERAGES", BY REPEALING SECTIONS 4-1 THROUGH 4-76
IN THEIR ENTIRETY AND REPLACING THEM WITH NEW SECTIONS 4-1
THROUGH 4-11, MORE PARTICULARLY BY ADDING DEFINITIONS;
PROVIDING FOR HOURS OF SALES; PROVIDING FOR AN APPROVAL
PROCESS; PROHIBITING MINGLING; PROHIBITING ALCOHOL SALES
DURING EMERGENCIES; PROVIDING REGULATIONS AND EXCEPTIONS TO
DISTANCE SEPARATION; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida expressly shifts power to municipalities to enact
ordinances regulating alcoholic beverages with regards to hours of business, location of
places of business, and types of entertainment among others; and
WHEREAS, the City of Miami ("City") has incorporated regulations with respect
to the sale of alcohol in Chapter 4 of the Code of the City of Miami Florida, as amended
("City Code"); and
WHEREAS, the City wishes to restructure Chapter 4 of the City Code to promote
clarity and simplicity that will help administer and enforce the appropriate alcohol
standards throughout the City; and
WHEREAS, the City wishes to promote new small business investment
associated with restaurants to open within the City and allow them to serve alcohol if the
sale of alcohol is incidental to the preparation and service of meals; 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
citizens to recommend approval/denial of the ordinance amending 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 fully set forth in this Section.
Section 2. Chapter 4 of the Code of the City of Miami, Florida, as amended,
entitled "Alcoholic Beverages", should further be amended by repealing Articles I and II
including Sections 4-1 through 4-76 in their entirety.
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Section 3. Chapter 4 of the Code of the City of Miami, Florida, as amended, x
entitled "Alcoholic Beverages", should be further amended in the following particulars:
{1}
* * * v U
"CHAPTER 4
ALCOHOLIC BEVERAGES v�
0
Sec. 4-1. Consumption restricted.
Consuminq alcoholic beverages on the public streets, in vacant lots, or in places solely
licensed to vend alcoholic beverages for consumption off the premises is unlawful and o
strictly prohibited. CJr-
v: � c
The Citv Manaaer may declare an exemption from the prohibition of consumin
alcoholic beverages as stated herein and declare the prohibitions inapplicable on
special occasions. Such special occasions shall require a special event permit or
temporary use permit. as aDDlicable, with anv associated notice and fees that may be
required.
Sec. 4-2. Definitions.
(a) For the purposes of this Section, the following words and phrases shall have the
meanings ascribed to them. The type of license required by the State of Florida ("State]
is indicated in parenthesis where applicable.
Alcoholic Beverages: Alcoholic beverages, including beer, wine, liquor, and any other
beverage as defined in and regulated by Title XXXIV of the Florida Statutes, as
amended.
Ancillary Establishment for Residential. Lodaina. and Office Uses: An establishment
within a lodging building, residential building, or other mixed-use facility containing a
minimum of fifty (50) lodging or residential units or 60,000 square feet of net leasable
office area that sells or offers to sell Alcoholic Beverages for consumption on the
premises pursuant to a valid license issued by the State.
Alcohol Service Establishment: Anv establishment that sells or offers for sale Alcoholic
Beverages for consumption on the premises as a principal use. Alcoholic Beverage
Service Establishments may include, but are not limited to, bars, taverns, cocktail
lounges, nightclubs, and microbreweries. Food service establishments where the sale
of food is the Drimary use are excluded from the definition of Alcoholic Beverage
Service Establishment.
Ancillary Use: Any use which is not the primary use of the establishment.
Bottle Club: An establishment with a valid "bottle club" license issued by the State and
where Alcoholic Beverages are not sold but where patrons are allowed to consume
Alcoholic Beverages on the premises.
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Cafe: An establishment in which coffee and light meals are served along with the sale of
beer and wine for consumption on the premises and that may seat fewer than twenty U
(20) patrons pursuant to a valid license issued by the State in connection with the
operation of said food service establishment. Caf6s must derive at least sixty (60)
percent of its gross food and beverage revenue from the sale of food and nonalcoholic
beverages during the first sixty (60) day operating period and each six (6) month
operating period thereafter. Caf6s may include, but are not limited to, caf6s, coffee
shops, sandwich shops, and cafeterias. 0 Y
Central Design District: The boundaries for the Central Design District are set forth in Y
Exhibit "B."
Coconut Grove Central Commercial District: The boundaries for the Coconut Grove
Central Commercial District are set forth in Exhibit T."
Convenience Store: A retail business opened primarily for the sale of products other
than beer or wine and which may sell beer and wine in sealed containers only for
consumption off premises. Grocery stores are considered to be convenience stores for
purposes of this Chapter.
Districts — Industrial: The following Transect Zones shall be considered industrial
districts for purposes of this Chapter: D1, D2, and D3.
Districts — Mixed -Use: The following Transect Zones shall be considered mixed-use
districts for purposes of this Chapter: T4 -L, T4-0, T5 -L, T5-0, T6 -L, T6-0, and CI -HD.
Districts — Residential: The following Transect Zones shall be considered residential
districts for purposes of this Chapter: T3 -R, T3 -L, 13-0, T4 -R, T5- R and T6 -R.
Entertainment District: A district within urban core areas of the City which allows a high
concentration of specialized entertainment venues serving Alcoholic Beverages.
Liquor Package Store: An establishment licensed by the State to sell beer, wine, and
spirits in sealed containers only for consumption off the premises. Consumption on the
premises is strictly prohibited.
Miami 21 Code: The Zoning Ordinance of the City of Miami, Florida, as amended.
Midtown: The boundaries for Midtown are set forth in Exhibit "C.
Omni CRA: The boundaries for the Omni CRA are set forth in Exhibit "D".
Private Club: A non-profit establishment whose character is that of a fratemal or social
nature and that sells or offers to sell alcohol by the drink for consumption on the
premises pursuant to a valid license issued by the State.
Restaurant: An food service establishment that meets all of the following requirements:
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(1) Derives at least fifty-one percent (51 %) of its gross food and beverage revenue
from the sale of food and nonalcoholic beverages during the first sixty (60) day
operating period and each twelve (12) month operating period thereafter;
(2) Licensed by the State's Division of Hotels and Restaurants;
(3) Sells or offers for sale alcohol for consumption on the premises pursuant to a
valid license issued by the State permitting such activity; and
(4) Equipped to seat at least twenty (20) patrons at one time.
Retail _Specialty Center: A mixed-use development with a minimum of 50,000 square
feet of net leasable area made up of a mixture of general commercial establishments
and food service establishments. In addition to the above, the following are required:
(1) At least one of the following types of uses: lodging, residential, assembly hall, or
office use;
(2) A unified plan of development which shall include, but not be limited to, plans
providing for the different uses in the development to be physically integrated
through direct access from one to the other;
(3) Parking provided by an on-site enclosed garage; and
(4) All project uses under common management.
Sale and Sell: Any transfer of an Alcoholic Beverage for consideration; any gift of an
Alcoholic Beverage in connection with, or as a part of, a transfer of property other than
an Alcoholic Beverage for a consideration; or the service of an Alcoholic Beverage
pursuant to any license issued pursuant to Florida Statutes.
Schools: Any public or private elementary school, middle school, or secondary school.
Southeast Overtown/Park West CRA: The boundaries for the Southeast Overtown/Park
West CRA are set forth in Exhibit T."
Specialty District: A district within a unique and distinctive neighborhood that
encourages active centers of entertainment and cultural facilities within close proximity
to one another.
Urban Central Business District ("UCBD"): The boundaries for the UCBD are set forth in
Exhibit "A."
Waterfront Specialty Center: A building or buildings with adjacent on-site parking
spaces, under common ownership or common management, abutting or linked to a
navigable water body, having a unified commercial plan of development, with a
minimum of 50,000 square feet of leasable area and containing a mixture of food
service establishments, entertainment facilities, and general commercial
establishments.
(b) None of the preceding provisions shall be deemed to modify, repeal, amend, or
supersede any of the Miami 21 Code heretofore or hereafter adopted. If there is any
conflict with the Miami 21 Code, the most restrictive regulation shall apply.
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Sec. 4-3. Hours during which Sales allowed; Permits and public hearing required.
(a) It shall be unlawful to Sell, serve, offer to Sell, allow to consume, or deliver any ' v
Alcoholic Beverage to any person, except during the following hours:
Establishment Type
Operati
From
To
Notes
on
Alcohol Service
Mon —
7:00
3:00
Special Extension of hours to
Establishment
Sat
a.m.
a.m.
5:00 a.m. allowed by Exception
outlined in Section 4-7.
(Sales and
Sun
12:00
3:00
consumption on
p.m.
a.m.
remises
Special Extension of hours to
5:00 a.m. allowed by Right if
located within the UCBD, Omni
CRA, Central Design District, or
Southeast Overtown/Park West
CRA.
Bottle Club
Mon —
7:00
3:00
(Consumption on
Sun
a.m.
a.m.
remises no sales
Liquor Package Store
Mon —
7:00
12:00
Hours automatically extended to
10:00 p.m. on Sundays in
(sealed containers)
Sat
a.m.
a.m.
Sun
1:00
7:00
December.
p.m.
p.m.
Convenience Store
Mon —
7:00
3:00
Convenience Stores not located
within the UCBD, whose
Sun
a.m.
a.m.
business is primarily for the sale
of products other than Alcoholic
Beverages, may sell beer and
wine in sealed containers for
consumption off the premises
during such hours as their
stores legally remain open for
the sale of other goods.
Lodging or residential
Mon —
7:00
3:00
uses Ancilla Use
Sun
a.m.
a.m.
Private Club
Mon —
7:00
3:00
Sun
a.m.
a.m.
Restaurant
Mon —
7:00
3:00
Sun
a.m.
a.m.
Cafe
Mon —
7:00
10:00
Sun
a.m.
p.m.
Other Establishments
Mon —
7:00
3:00
Sun
a.m.
a.m.
(b) The City Commission may extend the hours of sale for any establishment selling
Alcoholic Beverages for consumption on or off the premises on special occasions by
resolution.
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(c) in the Coconut Grove Central Commercial District, the hours of sale for Alcoholic
Beverages are weekdays, including Saturday, from � � ?:00 a.m. to 3:00 a.m. on the
following day and on Sunday, from 12:00 noon to 3:00 a.m. on the following day.
Sec. 4-4. Distance separation.
(a) Measurement:
(1) Between Establishments: For purposes of this Chapter, any distancing
requirements set forth shall be measured from the front door of a licensed
establishment to the front door of a proposed place of business along the
shortest route of ordinary pedestrian traffic.
(2) Between Establishments and Residential Districts, churches, or Schools:
For purposes of this Chapter, any distancing requirements set forth shall
be measured from the main front entrance of the place of business to the
nearest point on a parcel of land along the shortest route of ordinary
pedestrian traffic.
(b) Distance and Use Requirements by Zoninq Districts between Establishments.
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Minimum
Distance
Establishment
Between Like
District
Type
Establishments
Notes
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Mixed-use and
Consumption on
1,500 feet
Shall only be applicable
Industrial
between Florida Division of
or off the
premises
Alcoholic Beverages and
Tobacco licenses of the
same type.
UCBD
Consumption on
500 feet
Shall only be applicable
or off the
between Florida Division of
premises
Alcoholic Beverages and
Tobacco licenses of the
same type.
Restaurants and Cafes are
allowed by Right and are not
subject to distance
requirements.
Alcohol Service
Establishments are allowed
by Right in T6 Transect
Zones subject to distance
separation requirements.
Central Design
Consumption on
500 feet
Shall only be applicable
District
between Florida Division of
or off premises
Alcoholic Beverages and
Tobacco licenses of the
same type.
Restaurants and Cafes are
allowed by Right and are not
subject to distance
requirements.
Alcohol Service
Establishments are allowed
by Right subject to distance
separation requirements.
Midtown
Consumption on
1,500 feet
Shall only be applicable
or off premises
between Florida Division of
Alcoholic Beverages and
Tobacco licenses of the
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(c) Distancina Requirements between Specified Uses:
Specified Use
Type of
Establishment
Minimum
Distance
same type.
Residential
District
Consumption on
premises
500 feet
Alcohol Service
arranged, or controlled as to
prevent the emission of sounds,
vibration, and odors.
Establishments are allowed
by Right subject to distance
300 feet
Does not apply to any licensed
Alcohol Service Establishment
separation requirements.
of a religious facility.
Schools in
UCBD*
Consumption on
or off premises
300 feet
Consumption on
1,500 feet
Shall only be applicable
Omni CRA
unless within
between Florida Division of
or off premises
the UCBD
Alcoholic Beverages and
where a
Tobacco licenses of the
minimum of
same type.
400 feet
distancing
Alcohol Service
shall apply
Establishments are allowed
by Right in T6 Transect
Zones subiect to distance
se aration re uirements.
Southeast
Consumption on
1,500 feet
Shall only be applicable
Overtown/Park
West CRA
unless within
the UCBD
between Florida Division of
Alcoholic Beverages and
or off premises
where a
Tobacco licenses of the
minimum of
same type.
500 feet
distancing
Alcohol Service
would apply
Establishments are allowed
by Right in T6 Transect
Zones subiect to distance
separation requirements.
(c) Distancina Requirements between Specified Uses:
Specified Use
Type of
Establishment
Minimum
Distance
Notes
Residential
District
Consumption on
premises
500 feet
Unless so constructed,
arranged, or controlled as to
prevent the emission of sounds,
vibration, and odors.
Religious
Facilities in
UCBD*
Consumption on
or off premises
300 feet
Does not apply to any licensed
Alcohol Service Establishment
that precedes the establishment
of a religious facility.
Schools in
UCBD*
Consumption on
or off premises
300 feet
Does not apply to any licensed
Alcohol Service Establishment
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*Distance requirements may be modified for Specialty Districts pursuant to Section 4-5
of the City Code and Entertainment Districts pursuant to Section 4-6 of the City Code.
(d) Reductions in distance set forth above by special permit. Requirements may be
reduced by up to fifty percent (50%) by Exception issued by the Planning, Zoning and
Appeals Board with approval by the City Commission pursuant to criteria set forth in
Section 4-10 of this Chapter.
(e) The requirements as to distance limitations set out above shall not apply to the
following nor shall establishments meeting the following requirements count as distance
impacts to other Establishments:
Specified Use
Type of
License
Notes
that precedes the establishment
of a School.
Religious
Facilities in
Mixed Use
Districts* and
Industrial
Districts*
Consumption on
300 feet
Does not apply to any licensed
or off premises
Alcohol Service Establishment
that precedes the establishment
of a religious facility.
Schools in
Mixed Use
Districts* and
Industrial
Districts*
Consumption on
or off premises
1,000 feet
Does not apply to any licensed
Alcohol Service Establishment
that precedes the establishment
of a School.
*Distance requirements may be modified for Specialty Districts pursuant to Section 4-5
of the City Code and Entertainment Districts pursuant to Section 4-6 of the City Code.
(d) Reductions in distance set forth above by special permit. Requirements may be
reduced by up to fifty percent (50%) by Exception issued by the Planning, Zoning and
Appeals Board with approval by the City Commission pursuant to criteria set forth in
Section 4-10 of this Chapter.
(e) The requirements as to distance limitations set out above shall not apply to the
following nor shall establishments meeting the following requirements count as distance
impacts to other Establishments:
Specified Use
Type of
License
Notes
Restaurants
4COP and
. Restaurants that meet the Florida State
4COPSFS
requirement for the issuance of a 4COPSFS
license are allowed by Right in the appropriate
Transect Zone and shall not be subject to
distance separation requirements.
. All other Restaurants shall be allowed the use of
a 4COP Quota license not subject to distance
requirements by process of a Warrant in the
appropriate Transect Zone.
. Restaurants shall have no signs advertising the
sale of Alcoholic Beverages visible from the
exterior.
Restaurants
2COP
. Restaurants with a 2COP are not subject to
distance separation requirements.
. Restaurants shall have no signs advertising the
sale of Alcoholic Beverages visible from the
exterior.
Cafes
2COP
. Cafes shall be allowed the use of a 2COP
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license not subject to distance requirements by
process of a Warrant in the appropriate Transect
Zone.
Residential or
Mixed Use
buildings
2COP and
4COP
. One (1) Alcohol Service Establishment shall be
exempt from distance separation requirements
per mixed use building with 300-399 units and
allowed by Right.
• Two (2) Alcohol Service Establishments shall be
exempt from distance separation requirements
per mixed use building with 400 or more units
and allowed by Right.
• One (1) Alcohol Service Establishments located
on the roof shall be exempt from distance
separation requirements per mixed use building
with 100 or more units by process of Exception.
• Storefronts opening to the street are not exempt
from distance separation requirements.
Lodging
2COP and
4COP
• One (1) Alcohol Service Establishment shall be
exempt from distance separation requirements
per 50 or more questrooms or Historic
Structures with one (1) or more rooms as
Provided by Florida Statutes and allowed by
Right.
• An additional consumption on premises is
allowed by process of Exception that meet any
of the above criteria.
• Storefronts opening to the street are not exempt
from distance separation requirements.
Office or
Work/Live
2COP and
4COP
• One (1) Alcohol Service Establishment shall be
exempt from distance separation requirements
per 60,000 square feet devoted to and
maintained for office room space and allowed by
Right.
• Storefronts opening to the street are not exempt
from distance separation requirements.
Private Clubs
2COP and
4COP
• Must be chartered in the County for a period not
less than 3 months in order to be exempt from
distance separation requirements.
Existing
Establishments
2COP and
4COP
• May be moved to a distance not greater than
300 feet from the original location by Right.
• Proposed location shall conform to the
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restrictions of the sections above.
• If nonconforming, a greater distance from a
religious facility or School than the previously
established location.
Waterfront
2COP and
o Must be located on City -owned property.
Specialty
4COP
o Permitted by the Exception by the Planning,
Center
Zoning and Appeals Board with City
Commission approval.
• Within any one Waterfront Specialty Center, not
more than 50 percent of the Waterfront Specialty
Center's establishments shall be issued
certificates of use as an Alcohol Service
Establishments.
• If a Waterfront Specialty Center is located within
a Specialty District or Entertainment District, the
Establishments within the Waterfront Specialty
Center shall not be counted against the total
establishments allowed within the Specialty
District or Entertainment District.
Retail
2COP and
. One (1) Alcohol Service Establishment per
Specialty
4COP
20,000 square feet of the general commercial
component is allowed by Right.
Center
• Shall not exceed a total of five (5) Alcohol
Service Establishments in the Retail Specialty
Center.
• If a Retail Specialty Center is located within a
Specialty District or Entertainment District, the
Establishments within the Retail Specialtv
Center shall not be counted against the total
establishments allowed within the Specialty
District or Entertainment District.
• One security guard per 100 seats when alcohol
is served for consumption on the premises is
required.
• Retail Specialty Centers are designated by
development agreement approved by the City
Commission or by determination of the Zoning
Administrator as to the requirements set forth in
Section 4-2 of this Chapter.
Special Uses
Including, but
• Must meet Florida State requirements for the
not limited to,
corresponding license type.
for which
special Alcohol
the following
State
• Allowed by Right as an ancillary use to the
respective principal use with an active Certificate
Beverage
Licenses are
licenses: H
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issued by the
State, but for
which Uses are
HBX, SBX,
SPX, SAL,
SCX, SCC,
SA, IX, X, SL,
of Use and Business Tax Receipt.
not otherwise
PVP, 11 -PA -
addressed
District
herein
C, 11 PA -P,
of Permits
of
FEX, SWP,
—_
11C, 11 CG,
Closing
11 CGPC,
13CT
(f) Restaurants and Cafes shall always be subject to audit and inspection by the
City for the purpose of determining that such establishments are complying with the
requirements set forth in this Code.
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 churches and Alcohol Service
Establishments located outside the district, whether existing or new. The following
Specialty Districts within the City are described below:
Specialty
Location
Permit
Quantity
Hours
Notes
District
of Permits
of
—_
Closing
Maximum
Ca
8th Street
See
Warrant
25 Total
3:00
• Alcohol Service
Exhibit
a.m.
Establishments shall be
no fewer than 500 feet
from a School.
• Alcohol Service
Establishments shall be
no fewer than 300 feet
from a church.
Osun
See
Warrant
15 Total
3:00
• Alcohol Service
Village
Exhibit
a.m.
Establishments shall be
closed during School
hours.
• Alcohol Service
Establishments shall be
no fewer than 500 feet
from a School.
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Little Haiti
See
Warrant
20 Total
3:00
. Alcohol Service
Exhibit
a.m.
Establishment shall be
"H"
closed during School
hours.
• Alcohol Service
Establishments shall be
no fewer than 300 feet
from a School.
Orange
See
Warrant
8 Total
3:00
. Alcohol Service
Bowl
Exhibit
a.m.
Establishments shall be
no fewer than 1,000 feet
from a School.
• Extension of hours to 5:00
a.m. allowed by Exception
outlined in Section 4-7.
Wvnwood
See
Warrant
No Cap
3:00
. Alcohol Service
Cafe
Exhibit
a.m.
Establishment shall be
closed during School
hours.
• Alcohol Service
Establishments shall be
no fewer than 500 feet
from a School.
• Alcohol Service
Establishments shall
require review and
recommendation by the
Wvnwood Business
Improvement District
pursuant to Chapter 2 of
the City Code.
• Alcohol Service
Establishments shall be
no fewer than 500 feet
between licenses.
Flagler
See
Warrant
30 Total
5:00
• Alcohol Service
Exhibit
a.m.
Establishments shall have
no distance separation
"R"
requirements from a
School or church.
Miami
See
Warrant
7 Total
5:00
. Alcohol Service
Riverside
Exhibit
a.m.
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Sec. 4-6. Entertainment Districts.
I
The restrictions as to distances between Alcohol Service Establishments herein shall 71,
not be applicable within Entertainment Districts, as defined in Section 4-2 of the City o
Code, and as designated by the City Commission. Location of Alcohol Service :C
Establishments within Entertainment Districts shall not be utilized when calculating
distance requirements of churches and Alcohol Service Establishments located outside o
the district, whether existing or new. The following Entertainment Districts within the City �, g
are described below:
Entertainm
ent District
x
Permit
"S"
Hours of
Notes
Closing
Establishments shall be
Brickell
Village
See
Exhibit
Warrant
6 Total
5:00 a.m.
• Alcohol Service
Establishments shall be no
closed during SchoolU
School.
• Alcohol Service
Establishments shall be no
fewer than 300 feet from a
church.
Brickell
Riverside
See
Exhibit
Warrant
5 Total
hours.
• Alcohol Service
Establishments shall be no
U
Sec. 4-6. Entertainment Districts.
I
The restrictions as to distances between Alcohol Service Establishments herein shall 71,
not be applicable within Entertainment Districts, as defined in Section 4-2 of the City o
Code, and as designated by the City Commission. Location of Alcohol Service :C
Establishments within Entertainment Districts shall not be utilized when calculating
distance requirements of churches and Alcohol Service Establishments located outside o
the district, whether existing or new. The following Entertainment Districts within the City �, g
are described below:
Entertainm
ent District
Location
Permit
Quantit
y of
Permits
Hours of
Notes
Closing
Maxim
um Ca
Brickell
Village
See
Exhibit
Warrant
6 Total
5:00 a.m.
• Alcohol Service
Establishments shall be no
fewer than 300 feet from a
School.
• Alcohol Service
Establishments shall be no
fewer than 300 feet from a
church.
Brickell
Riverside
See
Exhibit
Warrant
5 Total
5:00 a.m.
• Alcohol Service
Establishments shall be no
fewer than 300 feet from a
School.
• Alcohol Service
Establishments shall be no
fewer than 300 feet from a
church.
Park West
See
Exhibit
Warrant
11 Total
N/A
. Alcohol Service
Establishments shall be no
fewer than 300 feet from a
School.
• Alcohol Service
Establishments shall be no
fewer than 300 feet from a
church.
Media
See
Warrant
7 Total
5:00 a.m.
• Alcohol Service
City of Miami Page 14 of 18 File ID: (Revision:) Printed on: 10/25/2017
File ID: Enactment Number:
Entertainm
ent
Exhibit
"N"
Establishments shall be no
fewer than 300 feet from a
School.
• Alcohol Service
Establishments shall be no
fewer than 300 feet from a
church.
Overtown
Entertainm
ent
See
Exhibit
"O"
Warrant
6 Total
5:00 a.m.
*Alcohol Service
Establishments shall be no
fewer than 300 feet from a
School.
• Alcohol Service
Establishments shall be no
fewer than 300 feet from a
church.
4-7. Permits and Public Hearings.
(a) Alcohol Reservation. Anv applicant who wishes to open an establishment within
the City may submit an alcohol reservation letter request identifying the proposed
location to the Office of Zoning for analysis along with a distance survey from a licensed
and certified surveyor which addresses all distancing requirements from the proposed
location present within this Chapter, if necessary to establish the use, and provide
Payment of $200.00 for processing. If the distance requirements set forth in this Chapter
are met, an alcohol reservation letter may be issued by the Zoning Administrator. Said
alcohol reservation letter shall be valid for three (3) months from the date of issuance
with the possibility of two (2) one (1) year extensions if the Zoning Administrator is
presented with active building permits, submission of a Warrant application, lease
agreement, or any other documentation which the Zoning Administrator deems to be
evidence of reasonable progress in acquiring a Certificate of Use for an Alcohol Service
Establishment at the proposed location. The alcohol reservation letter will reserve the
location during the approved amount of time from encroachment of newly -established
Alcohol Service Establishments. churches. or Schools until the acquisition of a
Certificate of Use from the Office of Zonin
b) Warrant. Where denoted in this Chapter necessary for approval, the grope
owner/applicant shall obtain a Warrant as specified in the Miami 21 Code. In reviewing
a Warrant application, the Director of the Department of Planning shall apply the
following supplemental review criteria in addition to the standard criteria for Warrants as
specified in Article 4, Table 12 of the Miami 21 Code:
1. Operational plan. An operational/business pian that addresses hours of
operation, number of employees, menu items, goals of business, and other operational
characteristics pertinent to the application.
2. Parking. Regardless of parking requirements specified in the Miami 21 Code,
adaptive re -use of existing buildings for the use requested in the Warrant shall not
City of Miami Page 15 of 18 File /D: (Revision:) Printed on: 1012512017
File ID: Enactment Number:
require any additional parking; however, new buildings utilizing this exemption shall be
required to provide a parking plan which fully describes where and how the parking is to
be provided and utilized, e.g., valet, self -park, shared parking, after -hour metered
spaces, and the manner in which the parking is to be managed. By a separate Warrant
(in addition to the Warrant required for the subject establishment), one hundred percent
(100%) of the required parking may be located offsite within a distance of six hundred
feet (600') from the subject establishment if the proposed parking is to be "self -park,"
and a distance of one thousand feet (1,000') from the subject establishment if the
proposed parking is to be by "valet".
3. For establishments proposing capacities over three hundred (300) persons, an
indoor/outdoor crowd control plan that addresses how large -groups of people waiting to
gain entry into the establishment or already on the premises will be controlled.
4. A security plan for the establishment and any parking facility.
5. For establishments proposing capacities over three hundred (300) persons, a
traffic circulation analysis and plan that details the impact of projected traffic on the
immediate neighborhood and how this impact is to be mitigated.
6. A sanitation plan, which addresses on-site facilities as well as off -premises
issues resulting from the operation of the establishment.
7. A plan depicting proximity of proposed establishment to Residential Districts.
8. If the proposed establishment is within two hundred feet (200') of any residential
use, a noise attenuation plan that addresses how noise will be controlled shall be
required.
(c) Exception. Pursuant to the Miami 21 Code, all Alcohol Service Establishments
that require an Exception shall be subject to approval by the Planning Zoning and
Appeals Board ("PZAB"), and when required, final approval by City Commission.
Alcohol Service Establishments requesting extensions of hours of operations or
variance from distance requirements shall only be permitted by process of Exception,
with final approval by the City Commission.
In determining the appropriateness of such request, the PZAB and the City Commission
shall take into consideration the recommendation of the Department of Planning based
on the following materials to be submitted by the applicant as criteria:
1. An operational/business plan that addresses hours of operation, number of
employees, menu items, -goals of business, and other operational characteristics
pertinent to the application.
2. A parking plan which fully describes where and how the parking is to be provided
and utilized, e.g., valet, self -park, shared parking, after -hour metered spaces, and the
manner in which the parking is to be managed. The City Commission or the PZAB may
grant approval for hundred percent 0 00%) of the required parking to be located offsite
within a distance of six hundred feet (600') from the subject establishment, if the
proposed parking is to be "self -park," and a distance of one thousand feet (1,000') from
the subiect establishment, if the proposed parking is to be by "valet."
City of Miami Page 16 of 18 File /D: (Revision:) Printed on: 10/25/2017
File ID: Enactment Number:
X
3. For establishments proposing capacities over three hundred (300) persons, an
indoor/outdoor crowd control plan that addresses how large groups of people waiting to -i--,
gain entry into the establishment or already on the premises will be controlled.
a
4. A security plan for the establishment and any parking facility. v
t:—
5. For establishments proposing capacities over three hundred (300) persons, a
traffic study and traffic circulation analysis and plan that details the impact of proiected
traffic on the immediate neighborhood and how this impact is to be mitigated.
6. A sanitation plan, which addresses on-site facilities as well as off -premises
a
issues resulting from the operation of the establishment.
7. Proximity of proposed establishment to residential uses.
8. If the proposed establishment is within two hundred feet (200') of any residential
use, a noise attenuation plan that addresses how noise will be controlled shall be
required, especially in the case of indoor/outdoor uses.
Sec. 4-8. Certificate of Use.
In addition to Citv Code reauirements stated under Chapter 2 of the Citv Code and
Article 7 of the Miami 21 Code, if upon request by the City, proof of an alcohol license
issued by the State is not submitted to the City's Zoning Administrator within sixty (60)
days of the request, the establishment's Certificate of Use and any approvals obtained
under Chapter 4 of the City Code may be revoked by the Zoning Administrator.
Sec. 4-9. Employees not to mingle with customers.
It shall be unlawful for employees or entertainers in places dispensing Alcoholic
Beverages for consumption on the premises to mingle or fraternize with the customers
or patrons of such establishment.
Sec. 4-10. Prohibiting sales, etc., during emergency.
Whenever in the opinion and iudament of the Mavor a public emeraencv shall be
created or exist in the City causing or tending to cause public disorder, lawbreaking, and
confusion, the City Manager is hereby authorized and empowered to prohibit by and
through the issuance of his official decree the sale, serving, or consumption of Alcoholic
Beverages for and during a period of twenty four (24) hours or such longer period of
time as may be described in such decree at all commercial establishments and at all
other places in the City where Alcoholic Beverages are licensed to be sold, served, or
otherwise dispensed. In the issuance of such decree, the City Manager shall have the
fact of the issuance and the contents of such decree broadcast by law enforcement
communication device and by commercial radio stations and otherwise given publicity
as quickly and as widely as shall be feasible. It is hereby declared to be illegal for any
person operating, employed at, or otherwise controlling any of the establishments or
other places described in this Section to sell, serve, or permit the consumption on the
premises of beer, wine, spirits, and all other intoxicating liquors and beverages during
the period described in the decree of the City Manager provided for in this Section.
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File ID: Enactment Number:
Each violation of or noncompliance with any of the provisions of this Section shall v
constitute a separate offense and shall subject every person guilty thereof to the penalty
prescribed in Section 1-13 of the City Code.
Sec. 4-11. Violation of State law.
It is intended that the provisions of this Chapter shall apply solely to those beverages w �17-
0
constituting Alcoholic Beverages under the laws of the State. Every violation of the laws
of the State relating to the sale of Alcoholic Beverages is hereby specifically made a
violation of this Chapter, with the same force and effect as if the provisions of such laws -v
were fully set forth herein." -°
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. This Ordinance shall become effective thrity (30) days after final
reading and adoption.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnote
{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.
{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 Rage 18 of 18 Pile ID: (Revi.sion: ) Printed on: 10/25/2017
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