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Home My WebLink AboutSubmittal-Louis Termwell-Letter to Commissioners Suggested ModificationsSubmitted into the pu record f i e (s _ on City Clerk June 20, 2017 Miami City Commission Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Suggested Modifications for First Reading of the Re -Write of Chapter 4 of the City of Miami Code of Ordinances (`Chapter 4"). Dear Honorable Commissioners: The undersigned attorneys focus our practices on alcoholic beverage law, and have had the distinct pleasure of working with City staff over the past year to draft revised Chapter 4. We have met with City staff, constituents, business improvement districts, and members of this Commission on countless occasions. The purpose of this letter is to lend our overall support of proposed Chapter 4, and to commend City staff for its tireless efforts in this regard. Based on our combined decades of experience assisting clients through the complexities of the City's current alcohol beverage ordinances, we offer additional suggested modifications to Chapter 4, as set forth in detail below. Our suggested changes reflect the prevailing attitudes towards alcohol beverage uses in the City, which lean toward a slight liberalization of hours of sale, and opportunities to waive distance separation requirements at the discretion of this honorable commission. We submit to you that our requested modifications would bring Chapter 4 into greater alignment with the stated purpose of Miami 21 -- to foster mixed-use communities wherein residents can find daily activities within a five minute walk (including schools, churches, and alcohol service establishments where deemed to be appropriate by the Commission). Our suggested changes are as follows: 1. Allow extended hours by Special Exception for all alcohol venues, not lust bars and nightclubs Currently Proposed Version: Section 4-3(a) & 4-3(b) will allow extended hours by Special Exception for Alcohol Service Establishments only (mainly bars and nightclubs), but not for restaurants or other less intensive uses. Our Suggested Changes: We suggest that all Alcohol Establishments (not just bars and nightclubs) be allowed the right to request extended hours by special exception, including restaurants (The Miami DDA has recommended restaurants be allowed to serve alcohol in the Central Commercial District/Flagler District till 5:00 am as a matter of right). As is the standard in most jurisdictions, the option to extend hours is within the sole and absolute discretion of the municipality's elected officials. We see no reason that this Commission should not be afforded the same opportunities to extend hours of sale for any alcohol establishment as it deems appropriate. Pagel of 4 42069220;1 Submitted into the publ' record�pr I�S) --- �� ✓ on II City Cl— erk Proposed Language (see highlighted text) Establishment Type Operation From To Notes Alcohol Service Establishment (Sales and consumption on r mises Mon — Sat Sunday 7:00 am 12:00 pm 3:00 am 3:00 am Extension of hours to 5am allowed by Exception outlined in Section 4-7 Bottle club (Consumption on premises, no Mon — Sun 7:00 am 3:00 am Extension of hours to 5am allowed by Exception outlined in Section 4-7 sales Liquor Package store (sealed containers) Mon — Sat Sundav 7:00 am 1:00 pm 12:00 am Hours extended to 10:00 pm on Sundays in 7:00 pm December Convenience store Mon — Sun 7:00 am :00 am Convenience stores not located within the UCBD, whose 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 uses ancilla Mon — Sun 7:00 am 3:00 am Extension of hours to 5am allowed by Exception outlined in Section 4-7 Private club Mon — Sun 7:00 am 3:00 am Extension of hours to 5am allowed by Exception outlined in Section 4-7 Restaurant Mon — Sun 7:00 am 3:00 am Extension of hours to 5am allowed by Exception outlined in Section 4-7 Cafe Mon — Sun 7:00 am 10:00 om Extension of hours to 5am allowed by Exception outlined in Section 4-7 Other Establishments Mon — Sun 7:00 am 3:00 am Extension of hours to 5am allowed by Exception outlined in Section 4-7 2. Allow for extended hours by Special Exception in Coconut Grove Currently Proposed Version: Proposed section 4-3(c) continues the ban on 5:00 am service in Coconut Grove (former SD -8). Our Suggested Changes: We suggest that Alcohol Establishments in Coconut Grove be afforded the same opportunities as Alcohol Establishments elsewhere in the City – the option of selling alcohol until 5:00 a.m. if approved by the Commission through a Special Exception. There may be special circumstances in Coconut Grove which merit an establishment staying open until 5:00, and proposed section 4-3(c) forecloses that possibility. Again, this Commission should at the very least have the opportunity to extend hours where appropriate, in its sole discretion. Proposed Action: Strike Section 4-3(c). Pr Ory. 42069220;1 Page 2 of 4 Submitted into the publ' record for it (s) on City Clerk 3. Allow the Commission to waive distance separation requirements by up to 100% Currently Proposed Version: Proposed section 4-4(d) allows for a reduction in alcohol distance separation requirements from schools, religious facilities and other alcohol service establishments of up to 50% by Special Exception before the City Commission. Our Suggested Changes: Empower the City Commission to waive distance separation requirements up to one hundred percent (100%) by Special Exception. Planning, Zoning, and Appeals Board ("PZAB") should be able to waive distances up to 50%, but City Commission ratification should be required for waivers over 50% of the minimum distance separation required. We submit that PZAB is the appropriate body to review zoning approvals such as minimum distance exceptions up to 50%, while allowing the City Commission to retain control over the more substantial requests. This would also remove the proposed limit on the City Commission's power to grant reductions of minimum distance separation requirements, which is in line with a majority of jurisdictions in the state. Proposed Language: "44(d). Reductions in distance set forth above by Special Exception. Distance separation requirements may be reduced by Special Exception issued by the Planning Zoning and Appeals Board ("PZAB"), provided however that ratification by the City Commission shall be required for any reductions exceeding 50%. Special Exceptions shall follow the criteria set forth in Section 4-10 of this Chapter." 4. Clarify Distance Separation Requirements in Mixed Use buildinp-s and expand exemptions for storefronts in Mixed Use buildings Currently Proposed Version: Proposed section 4-4(e) will provide for exemptions from minimum distance separation requirements for Alcohol Service Establishments in Residential and Mixed Use Buildings. This exemptions provided for in the proposed ordinance in part expand, and in part retract, a provision in the current Chapter 4 which many condominium and apartment buildings in the Downtown and Brickell areas make use of now. The exemptions are expanded to allow for one (1) additional Alcohol Service Establishment, in a building with at least one hundred units by Special Exception in addition to those permitted by right. However, the current exemptions are retracted to prohibit establishments opening onto the street from eligibility for the exemptions under this provision. Our Suggested Changes: Remove the restriction that prohibits storefronts opening onto the street from applying for the exemptions. This is a new restriction, not part of the exemption when instituted 20 years ago. It is doubtful residents of applicable condominium and apartment buildings want the general public wandering into their lobbies to enter establishments that could just as easily allow access from the street. The principals of urbanism, on which the Miami 21 zoning code is based, promote "sidewalk storefronts and frequent entrances," not businesses completely enclosed within mixed use buildings. Page 3 of 4 42069220;1 Submitted into the publ' record f r ite on �, s) City Clerk Proposed Language: 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, with additional Alcohol Service Establishments exempt from distance separation requirements by process of Exception issued by PZAB. • Two (2) Alcohol Service Establishment shall be exempt from distance separation requirements per mixed use building with 400 or more units, with additional Alcohol Service Establishments exempt from distance separation requirements by process of Exception issued by PZAB. • One (1) Alcohol Service Establishments shall be exempt from distance separation reouirements per mixed use buildings with 100 - 299 units by Exception issued by PZAB. Again, we commend City staff for their enormous efforts in streamlining Chapter 4, and thank you for your attention to our concerns. Louis J. Terminello, Esq. GreenspoonMarder Brickell World Plaza 36th Floor 600 Brickell Avenue Miami, Florida 33131 Tel: (305) 789-2770 ljt@gmlaw.com 42069220;1 Valerie Haber, Esq. GRAYIROBINSON 333 Southeast 2nd Avenue Suite 3200 Miami, Florida 33131 Tel: (305) 913-0356 Valerie.Haber@gray-robinson.com Page 4 of 4 Sincerely, Ian G. Bacheikov, Esq. Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami, FL 33131 Tel: 305.374.5600 ian.bacheikov@akerman.com