Item Coversheet

New Business and Commission Requests - R9  E




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Rafael A. Paz, City Attorney 
DATE:February  9, 2022
 



SUBJECT:REFERRAL TO THE PLANNING BOARD - AMEND CHAPTER 142 TO REPEAL EXISTING EXCEPTIONS TO THE 2:00 A.M. TERMINATION TIME FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE PERFORMANCE STANDARD (PS) DISTRICTS IN THE SOUTH OF FIFTH STREET NEIGHBORHOOD.

BACKGROUND/HISTORY

Pursuant to the request of Commissioner Mark Samuelian, the above agenda item has been placed on the February 9, 2022 City Commission meeting agenda as a referral to the Planning Board.

 

On November 9, 2016, the City Commission adopted Ordinance No. 2016-4054, amending the hours of operation, locations, and use restrictions for alcoholic beverage establishments located south of Fifth Street. The Ordinance, in pertinent part, provided that alcoholic beverage establishments shall cease operations no later than 2:00 a.m. each night. The City Commission included an applicability clause, exempting from the 2:00 a.m. termination time any alcoholic beverage establishment with a valid business tax receipt (BTR) or land use board approval issued prior to June 28, 2016.

 

On November 2, 2021, pursuant to Resolution No. 2021-31824, the following ballot question was submitted to the City’s voters:

 

Non-Binding, Straw Ballot Question: Citywide - Changing Alcoholic Beverage Establishments Sales/Consumption Termination Time

 

City law allows, subject to exceptions, the sale and consumption of alcoholic beverages at Alcoholic Beverage Establishments throughout the City, from 8:00 a.m. until 5:00 a.m. the following day.

 

Would you support changing this 5:00 a.m. termination time to 2:00 a.m. throughout the City, with specific locations and related restrictions and exceptions, to be determined by City Commission by Ordinance?

 

 The ballot question was approved by 56.52% of the voters.

 

On January 12, 2022, a Special City Commission meeting was held to discuss the results of the straw ballot referendum and consider different options to implement the will of the voters.


ANALYSIS

Commissioner Samuelian would like the City Commission to refer an Ordinance to the Planning Board, amending the Performance Standard (PS) district regulations for properties south of Fifth Street, in order to repeal the exemption from the 2:00 a.m. termination time for alcoholic beverage establishments with a BTR or land use board order issued prior to June 28, 2016.

The sale and consumption of alcoholic beverages during the early morning hours is disruptive to residents, generates undesirable noise, and results in increased calls for service to the Police and Fire Departments. The impacts are particularly burdensome in the South of Fifth neighborhood, which is largely residential in nature.

Please do not hesitate to contact me if you have any questions. 

SUPPORTING SURVEY DATA

n/a

Applicable Area

South Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Strategic Connection

Non-Applicable
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Mark Samuelian