ALCOHOL HOURS OF SALE OUTDOORS - ALTON ROAD AND WEST AVENUE

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” AT DIVISION 4, “CD-1 COMMERCIAL, LOW INTENSITY DISTRICT,” SECTION 142-279, “SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS”; AND AT DIVISION 5, “CD-2 COMMERCIAL MEDIUM INTENSITY DISTRICT,” SECTION 142-310, “SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS,” TO AMEND PERMITTED HOURS FOR THE OUTDOOR SALE, SERVICE, AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON (I) THE WEST SIDE OF ALTON ROAD AND EAST OF ALTON COURT, FROM 6TH STREET TO COLLINS CANAL, AND (II) ON THE EAST SIDE OF WEST AVENUE, FROM LINCOLN ROAD TO 17TH STREET, INCLUDING ANY NECESSARY AMENDMENTS TO EXISTING EXCEPTIONS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

PLANNING ANALYSIS
The West Avenue neighborhood is composed primarily of low intensity to high intensity multifamily residential buildings. The neighborhood is adjacent to the Alton Road Commercial corridor which consists of “CD-1 Commercial, Low Intensity” and “CD-2 Commercial, Medium Intensity” zoning districts. Within this neighborhood, residential uses are divided only by an alley from the commercial districts.

The City Code permits certain nightlife uses within the CD-1 and CD-2 zoning districts, which, absent mitigation and appropriate regulation, could be incompatible with adjacent residential uses in the West Avenue neighborhood. Specifically, this includes large restaurants, stand-alone bars, outdoor food and beverage service, entertainment establishments, and dance halls, where alcoholic beverages are sold and consumed. The sale and consumption of alcoholic beverages during the early morning hours, in particular in outdoor areas, can be disruptive to residents, as related impacts generate undesirable noise, and results in increased calls for service to the Police and Fire Departments. These impacts particularly burden the residents of the West Avenue neighborhood that are adjacent to such establishments.

As mentioned in the background section of this report, in order to limit the potential impacts on residential uses, on May 11, 2016, the City adopted Ordinance No. 2016-4014, which limited the hours of operation of alcoholic beverage establishments along the west side of Alton Road corridor between 5th Street and Collins Canal (See map attached to this report), with certain exceptions, to 2:00 A.M. Previously, establishments were permitted to remain open until 5:00 A.M. The exceptions included any valid, pre-existing permitted use with a valid business tax receipt (BTR) for an alcoholic beverage establishment that (i) was in application status prior to April 14, 2016; or (ii) issued prior to May 21, 2016; or (iii) to an establishment that had obtained approval for an alcoholic beverage establishment from a land use board, and which land use board order was active and had not expired, prior to May 21, 2016.

Due to the impacts from some of the pre-existing alcoholic beverage establishments, it is now recommended that the exemption only apply to indoor portions of portions of such establishments. To this end, the proposed Ordinance amends the CD-1 and CD-2 district regulations for properties along the west side of Alton Road, as well as a limited portion of the east side of West Avenue, to clarify that the existing exemption from the 5:00 A.M. termination time for alcoholic beverage establishments with a BTR or land use board order issued prior to May 21, 2016 is not applicable to sidewalk cafes and commercial rooftops. The proposed ordinance also clarifies that the 2:00 A.M. restriction is for sale and consumption of alcoholic beverages.

This Ordinance would affect outdoor service only, and would not impact the ability of establishments, existing as of 2016, to continue to serve alcohol until 5:00 a.m. indoors. The outdoor 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. Accordingly, this Ordinance is narrowly tailored to only address outdoor service in the subject area. As the West Avenue neighborhood is primarily residential in nature, adjacent outdoor areas are where the impacts of late-night drinking are most acutely felt.

Florida law grants municipalities broad authority to regulate the sale of alcoholic beverages. In the exercise of that authority, municipalities may prohibit the sale of alcohol within certain hours and/or within certain zoning districts. Specifically, Section 562.14, Florida Statutes, authorizes municipalities, by ordinance, to establish hours of sale for alcoholic beverages. Florida courts have consistently held that alcoholic beverage establishments are not entitled to “grandfather” status as to hours of sale for alcoholic beverages1. Accordingly, the City has the authority to adopt the proposed legislation.
NOTE:  1. See Village of North Palm Beach v. S & H Foster’s, Inc. (Fla. 4th DCA 2012); Other Place of Miami, Inc. v. City of Hialeah Gardens (Fla. 3d DCA 1978).

PLANNING BOARD REVIEW
The Planning Board held a public hearing on May 24, 2022 and transmitted the Ordinance to the City Commission with a favorable recommendation (6-0). The Planning Board also recommended that all outdoor portions of establishments cease the sale and consumption of alcoholic beverages no later than 12:00 a.m. This recommendation has been incorporated into the draft Ordinance for First Reading.