HomeMy WebLinkAboutSubmittal-Neisen Kasdin-Section 12 of Development AgreementSubmitted into the public
record or it m(s) 1.14
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Section 12. Retail Specialty Center Designation and Entertainment Specialty District
Designation. Pursuant to Chapter 4 of the City Code, oaeh ..'eek er` the two -block BCC
650 SMA/AP Project is designated as a retail specialty center and ea�e-is designated
as an entertainment specialty district.
(a) The maximum number of Alcohol Service Establishments and Liquor Package
Stores (as defined in Miami 21) permitted within retail specialty centers located
within the BCC 650 SMA/AP Project shall not exceed either : five (5) Alcohol
Service Establishments; or four (4) Alcohol Service Establishments and one (1)
Liquor Package Store ;
Es is encs; And- one (1 ) Liquor P$^ease-Stem- -fir-the "13 LAS " Week. These
limits are exclusive of any Food Service Establishments (as defined in Miami 21)
where the sale of alcoholic beverages is entirely incidental to and in conjunction
with the principal sale of food (e.g., bona fide, licensed restaurants or cafes
operating with a 2 -COP, 4 -COP, 4 -COP SFS, or equivalent license), and any
other establishment with an alcoholic beverage license which is otherwise exempt
from distance separation requirements pursuant to Chapter 4-4(h) of the City
Code (e.g., bona fide, licensed hotel operating with a 4 -COP S or equivalent
license). However, the maximum number of establishments classified as
Nightclubs (as defined by Chapter 4-2 of the City Code) shall not exceed two (2)
per -bleu, unless otherwise approved by an SAP Permit, and the maximum
ill Paekage-Ster$s- shall -iaot eweee He 1) per- ble ek Unless
(b) Notwithstanding anything to the contrary in Chapter 4 of the City Code (including
Section 4-3 thereof), hours of alcohol sale for all Alcohol Service Establishments
and Food Service Establishments permitted within retail specialty centers in the
BCC 650 SMA/AP Project shall be Monday — Sunday: 11:00 a.m — 5:00 a.m. for
consumption on -premises, and Monday — Saturday: 9:00 a.m. — 12:00 midnight,
and Sunday: 9:00 a.m. — 7:00 p.m. (with hours automatically extended to 10:00
p.m. on Sundays in December) for consumption off -premises, By Right (as
defined in Miami 21).
(c) Notwithstanding anything to the contrary contained in Chapter 4 of the City Code
(including Sections 4-4 and 4-7 thereof) or Miami 21, the parties further
acknowledge and agree that all (i) Alcohol Service Establishments (up to the
maximum number authorized herein), (ii) Liquor Package Stores (up to the
maximum number authorized herein), (iii) Food Service Establishments, and (iv)
other establishments with an alcoholic beverage license which are otherwise
exempt from distance separation requirements pursuant to Chapter 44(h) of the
City Code shall be permitted By Right (as defined in Miami 21) within the BCC
650 SMA/AP Project, in accordance with Article 4, Table 3 and Article 6, Table
13 of the Regulating Plan, and shall not require any specific administrative or
public hearing approval (i.e., no SAP Permit, Waiver, Warrant or Exception)
under Miami 21, the City Code or the Regulating Plan for the establishment or
continuation of such use. Notwithstanding the above, all Alcohol Service
Submitted into the public
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Establishments and Liquor Package Stores on the "BCC AP" block must be
approved by SAP Permit.
(d) Except as otherwise stated herein, notwithstanding the requirements of Chapter 4
of the City Code, restrictions relating to the maximum number and/or location of
Alcohol Service Establishments and Liquor Package Stores, including but not
limited to, required distance separations from churches, residential districts,
schools and other Alcohol Service Establishments and Liquor Package Stores,
whether within or outside the BCC 650 SMA/AP Project, shall not be applicable
to any Alcohol Service Establishment,— or Liquor Package Store, Feed ce vie
Es4ahlishment within the BCC 650 SMA/AP Project. In addition, Liquor Package
Stores within the BCC 650 SMA/AP Project shall not be limited to the first floor
of a Development.
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