Item Coversheet


City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

 Item 12.
COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Alina T. Hudak, City Manager

DATE: October 19, 2021
TITLE:DISCUSS AMENDING REGULATIONS ON MINIMUM DISTANCE SEPARATION BETWEEN PACKAGE LIQUOR STORES.

HISTORY:

HISTORY
On September 17, 2021, at the request of Commissioner Steven Meiner, the City Commission referred a discussion item to the Land Use and Sustainability Committee (LUSC) pertaining to minimum distance separation requirements between package liquor stores (C4J).

BACKGROUND
Pursuant to Section 6-4(a)(3) of the City Code, the minimum distance separation requirement between retail stores primarily selling alcoholic beverages for consumption off premises (package stores) is 1,500 feet. However, the Planning Board, through the conditional use process, may allow a lesser distance separation, provided such distance separation is not less than 700 feet.

ANALYSIS:

ANALYSIS
The proposal herein would eliminate the current exception process, which allows the Planning Board to reduce the minimum distance separation between package stores by up to 800 feet. The following is a draft of 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:

* * *

(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.

CONCLUSION:

In view of the foregoing, the Administration recommends that the LUSC endorse the proposal and recommend that the City Commission consider an Ordinance Amendment at the next available City Commission meeting.

Applicable Area

Citywide
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 

Departments

Planning