| | | | | | | | | | City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 1
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: October 19, 2021
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| | | | | | | | TITLE: | PROPOSED ORDINANCE PROHIBITING NEW PACKAGE STORES ALONG THE ALTON ROAD CORRIDOR. |
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| | | | | | | | HISTORY:
| On September 17, 2021, at the request of Commissioner Steven Meiner, the City Commission referred the proposed ordinance to the Land Use and Sustainability Committee (LUSC) and Planning Board (item C4 L). The Planning Board is scheduled to review the proposed Ordinance on October 26, 2021. |
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| | | | | | | | ANALYSIS:
| Package stores are retail uses that primarily sell alcoholic beverages and package sales of alcoholic beverages for off premises consumption only. In general, the City Code allows for package stores and package sales in any area of the City that allows retail sales, with some limited, and defined exceptions. The hours and locations (including minimum distance separation) for package stores are regulated in Chapter 6 of the City Code.
On October 19, 2016, the City Commission adopted Ordinance No. 2016-4047, which prohibited package stores in the MXE, Mixed Use Entertainment zoning district. Since new package stores are prohibited in the MXE district, there is an increased potential for new package stores to seek to locate in other areas of the City, including along the nearby Alton Road corridor.
A proliferation of package stores and package sales within the city could have negative impacts on adjacent residential areas. These impacts include the potential of open containers of alcoholic beverages, consumption of alcoholic beverages in the City’s parks and beaches, as well as consumption on City’s streets and sidewalks, as opposed to within a licensed premise. The consumption of open containers of alcoholic beverages in public places can severely disrupt the quiet enjoyment of the community, cause undesirable noise, and contribute to litter, noxious odors, and the general degradation of the City. Also, the consumption of open containers of alcoholic beverages in public places is a violation of Section 70-87 of the City Code. This is especially true in areas that see high levels of tourism.
In recent years, the Alton Road corridor has experienced an increase in the number of tourists present, given the recent opening of several hotels and restaurants. Given that the Alton Road corridor is adjacent to residential districts to the east and west, it is the best interest of the City, and it serves the health, safety, and welfare of the City’s residents and visitors, to prohibit package stores and package sales of alcoholic beverages along the Alton Road corridor. This would minimize the potential for nearby residents to be disturbed and have their quality of life negatively impacted.
The proposed Ordinance amends section 142-275, related to CD-1 prohibited uses, and section 142-305, related to CD-2 prohibited uses, of the Land Development Regulations (LDRs) to prohibit package liquor stores along the Alton Road corridor. See the attached map to view the boundaries of the affected area.
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| | | | | | | | CONCLUSION:
| In view of the foregoing, the Administration recommends that the LUSC endorse the proposal and recommend that the Planning Board transmit the Ordinance Amendment to the City Commission with a favorable recommendation. |
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| | | | | | | | Applicable Area
| South Beach |
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| | | | | | | | 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 | |
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