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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 6.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: March 4, 2022
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| | | | | | | | | TITLE: | DISCUSS AMENDING REGULATIONS ON HOURS OF OPERATION AND PROHIBITED AREAS FOR PACKAGE LIQUOR STORES |
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| | | | | | | | HISTORY:
| HISTORY
On September 17, 2021, at the request of Commissioner Steven Meiner, the City Commission referred discussion items to the Land Use and Sustainability Committee (LUSC) pertaining to minimum distance separation requirements between package liquor stores (C4J) and a prohibition of package stores along Alton Road (C4L). Both of these items were discussed at the October 19, 2021, LUSC, and the corresponding Ordinances recommended for approval.
As part of the discussion on October 19, 2021, and at the request of Commissioner Mark Samuelian, the following additional discussion items were continued to the December 2021 LUSC meeting:
1. Consideration of other areas where package liquor stores could be prohibited.
2. An examination of restricting allowable hours in areas of the city where package stores are permitted, as well as a potential amortization period for existing liquor stores citywide.
The December 2021 LUSC meeting did not take place, as Commission Committees had not been appointed. The item was automatically deferred to the first available meeting of 2022.
BACKGROUND
Package stores are retail uses that primarily sell alcoholic beverages and package sales of alcoholic beverages are 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.
In 2016 and 2017 the City Commission adopted legislation that prohibited package stores and amended the hours of package sales of alcoholic beverages in the MXE mixed use entertainment district, as well as the adjoining CD-2 and C-PS2 commercial districts to terminate package sales in the subject areas at 8:00 p.m. each day. |
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| | | | | | | | ANALYSIS:
| An amendment to City Code Section 6-3, entitled “Hours of sale/violations,” would be required to amend the hours for package sales of alcoholic beverages (which include sales of alcohol for off-premises consumption). An amendment to Chapter 142 of the LDR’s would be required to prohibit this use in areas of the City where it is currently permitted.
Some potential areas where either a prohibition of this may be warranted, or a reduction in hours of sale, include the following:
1. All C-PS2 districts.
2. CD-3 districts, south of Collins Canal and Lake Pancoast.
3. CD-2 districts between Washington Avenue and Collins Avenue, from 17th Street to 20th Street.
4. RM-3 districts east of Collins Avenue, from 16th Street to 21st Street.
Currently, in most areas of the City, package stores can operate from 8:00 am until 12:00 midnight. In the entertainment areas noted in the background section of this memo, the commencement time for package liquor sales is 10:00 a.m., and the termination time is 8:00 p.m. These more limited hours apply to legal non-conforming package stores, which were established prior to the prohibition of such stores in 2016.
With regard to a potential sunset provision for non-conforming package stores, the City Attorney’s office would need to research applicable case regarding the amortization of such uses.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide any applicable recommendations to the City Commission. |
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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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