SUNSET HARBOUR ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” (1) AT DIVISION 5, “CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT,” SECTION 142-310, “SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS”; AND (2) AT DIVISION 11, “I-1 LIGHT INDUSTRIAL DISTRICT,” SECTION 142-488, “SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS,” TO ELIMINATE EXISTING EXCEPTIONS TO THE 2:00 A.M. CLOSING TIME FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE SUNSET HARBOUR NEIGHBORHOOD, WHICH IS GENERALLY BOUNDED BY PURDY AVENUE, 20TH STREET, ALTON ROAD, AND DADE BOULEVARD; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

PLANNING ANALYSIS

Miami Beach’s nightlife areas have historically been concentrated in the commercial and mixed-use entertainment districts along Washington Avenue, Collins Avenue, and Ocean Drive.  In contrast, the Sunset Harbour neighborhood is composed of a mixture of residential, light industrial, and low intensity personal service, restaurant, and retail uses, which primarily serve neighborhood residents.  Within this neighborhood, residential uses are divided only by the width of a street from commercial and industrial districts.

The City Code permits certain nightlife uses within the CD-2 and I-1 zoning districts, which, absent mitigation and appropriate regulation, could be incompatible with adjacent residential uses in the Sunset Harbour neighborhood.  Specifically, this includes large restaurants, stand-alone bars, outdoor food and beverage service, entertainment establishments, and dance halls.

In order to limit the potential impacts on residential uses, on October 19, 2016, the City adopted Ordinance No. 2016-4046, which limited the hours of operation of alcoholic beverage establishments in Sunset Harbour, with certain exceptions, to 2:00 a.m.  Previously, establishments were permitted to remain open until 5:00 a.m.  The exceptions included establishments that had existed or obtained land use board approval prior to August 23, 2016.

Due to negative impacts that have continued to occur from pre-existing alcoholic beverage establishments, it is now recommended that the exemption be removed so that all alcoholic beverage establishments would be required to close by 2:00 a.m.  Florida law grants municipalities broad authority to regulate the sale of alcoholic beverages. In the exercise of that authority, municipalities may prohibit the sale of alcohol within certain hours and/or within certain zoning districts. Specifically, Section 562.14, Florida Statutes, authorizes municipalities, by ordinance, to establish hours of sale for alcoholic beverages.

Florida courts have consistently held that alcoholic beverage establishments are not entitled to “grandfather” status as to hours of sale for alcoholic beverages.^[1] Accordingly, the City has the authority to adopt the proposed legislation.

PLANNING BOARD REVIEW

On January 28, 2020, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0.

UPDATE
On February 12, 2020 the City Commission approved the subject ordinance at first reading with no changes. Additionally, pursuant to section 118-162(c) of the Land Development Regulations of the City Code, the City Commission waived the application fees. The item was deferred at the March 18, 2020 and April 22, 2020 City Commission meetings.

The administration recommends that the City Commission adopt the subject ordinance.