Item Coversheet


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

 Item 13.
COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Alina T. Hudak, City Manager

DATE: October 19, 2021
TITLE:DISCUSS CLARIFYING THAT HOURS FOR PACKAGE LIQUOR SALES SET FORTH IN CHAPTER 6 OF THE CITY CODE ALSO APPLY TO DELIVERIES FROM PACKAGE 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) clarifying that hours for package liquor sales set forth in Chapter 6 of the City Code also apply to deliveries from package stores (C4J).

BACKGROUND
Section 6-3 of the City Code sets forth limits on the hours of operation for all retail stores primarily selling alcoholic beverages for consumption off premises (package stores). However, this section of the Code does not expressly set forth delivery timeframes from such retail stores.

ANALYSIS:

The 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 a draft of 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.


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