ALCOHOL SALES - DISTANCE SEPARATION AND DELIVERY HOURS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ALCOHOLIC BEVERAGES,” ARTICLE I, ENTITLED “IN GENERAL,” BY AMENDING SECTION 6-3 THEREOF, ENTITLED “HOURS OF SALE/VIOLATIONS,” TO CLARIFY THAT PACKAGE STORES AND RETAIL STORES (INCLUDING, BUT NOT LIMITED TO, GROCERY, CONVENIENCE STORES, AND GASOLINE SERVICE/FILLING STATIONS), MAY ONLY MAKE DELIVERIES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION DURING HOURS WHEN RETAIL SALES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION ARE PERMITTED; AND BY AMENDING SECTION 6-4, ENTITLED “LOCATION AND USE RESTRICTIONS,” TO AMEND THE REGULATIONS PERTAINING TO MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR PACKAGE STORES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

The proposals recommended by the LUSC have been combined into a single Ordinance for consideration at First Reading, which is attached. 

The first part of the proposal herein would eliminate the current minimum distance separation exception process, which allows the Planning Board to reduce the minimum distance separation between package stores by up to 800 feet. The following is the proposed amended text:

Sec. 6-4. - Location and use restrictions.

(a)  Generally. The following location and use restrictions are applicable for facilities selling or offering alcohol beverages for consumption:

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(3)  Retail stores for off-premises consumption. The minimum distance separation between retail stores primarily selling alcoholic beverages for consumption off the premises as a main permitted use shall be 1,500 feet. A retail store primarily selling alcoholic beverages may obtain conditional use approval from the planning board to operate at a lesser distance from an existing store, but in no event shall such a store open at a distance less than 700 feet from an existing store. There shall be no variances from this distance separation requirement.

The Administration is supportive of this revision, as it is more consistent with the legislative intent of the Ordinance amendment adopted in 2017 that increased the distance separation between package stores from 300 feet to the current 1,500 feet. This Ordinance amendment was intended to ensure that there was not a proliferation of these uses within zoning districts in which they are an allowable use.

The other proposal herein clarifies that delivery hours for retail package liquor stores, as well as the retail sale of all alcoholic beverages, are the same as the allowable hours of operation for on site sales. The following is the proposed amended text:

 Sec. 6-3. Hours of sale/violations.

 (a)   The hours of sale of alcoholic beverages, whether as a permitted main or accessory use, shall require a state license, and shall be according to the following schedule:

(1)   Retail stores for package sales only-Off-premises consumption. Vendors may make sales of alcohol only for off-premises consumption, including, if permitted by State law, delivery, between the hours of 8:00 a.m. and midnight.

A.    Notwithstanding subsection (a)(1), vendors located in the MXE mixed use entertainment district, that portion of the CD-2 commercial medium intensity district adjoining the MXE district along Washington Avenue between 5th Street and 16th Street, and that portion of the CD-2 district adjoining the MXE district along the east side of Collins Avenue (between 73rd and 75th Streets) may make sales of alcohol only for off-premises consumption, including, if permitted by State law, delivery, between the hours of 10:00 a.m. and 8:00 p.m.

(2)   Retail stores, including, but not limited to, grocery, convenience stores, and gasoline service/filling stations. Retail stores, including, but not limited to, grocery, convenience stores, and gasoline service/filling stations, which primarily offer for sale products other than alcoholic beverages may only make sales of beer and wine only for off-premises consumption, including, if permitted by State law, delivery, between the hours of 8:00 a.m. and midnight.

A.    Notwithstanding subsection (a)(2), retail stores, including, but not limited to, grocery, convenience stores, and gasoline service/filling stations, that are located in the MXE mixed use entertainment district, that portion of the CD-2 commercial medium intensity district adjoining the MXE district along Washington Avenue, between 5th Street and 16th Street, and that portion of the CD-2 district adjoining the MXE district along the east side of Collins Avenue (between 73rd and 75th Streets), and which primarily offer for sale products other than alcoholic beverages may only make sales of beer and wine, including, if permitted by State law, delivery, only between the hours of 10:00 a.m. and 8:00 p.m.

The Administration is supportive of this revision as it clarifies that the allowable hours of operation for on-site sales also applies to all delivery services.