Item Coversheet

Reports and Informational Items  1.




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Rafael E. Granado, City Clerk and Rafael A. Paz, City Attorney 
DATE:May  25, 2022
 



SUBJECT:DEFERRAL OF SECOND READINGS/PUBLIC HEARINGS OF THE ALCOHOL HOURS ORDINANCES ORIGINALLY SCHEDULED FOR MAY 25, 2022. 

ANALYSIS

On April 6, 2022, the below alcohol-related Ordinances were passed on First Reading. Originally, the Second Readings/Public Hearings were scheduled for May 25, 2022. The Second Readings/Public Hearings of these Ordinances are being deferred to a Special Commission Meeting that will be held on July 8, 2022 at 9:00 a.m.  During that Special Commission Meeting, all Second Readings/Public Hearings of the alcohol hours legislation pending before the City Commission will be heard. 

 

SOUTH OF FIFTH ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS

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," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," SECTION 142-693, "PERMITTED USES," TO ELIMINATE EXISTING EXCEPTIONS TO THE 2:00 A.M. CLOSING TIME FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED SOUTH OF FIFTH STREET; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. (Sponsored by Commissioner Mark Samuelian)

 

41ST STREET ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE 11, "DISTRICT REGULATIONS," (1) AT DIVISION 4, "CD-1 COMMERCIAL, LOW-INTENSITY DISTRICT," SECTION 142-279, "SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS"; AND (2) AT DIVISION 6, "CD-3 COMMERCIAL, HIGH-INTENSITY DISTRICT," SECTION 142-340, "SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS," TO ELIMINATE EXISTING EXCEPTIONS TO THE 2:00 A.M. CLOSING TIME FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE 41ST STREET CORRIDOR, WHICH IS GENERALLY BOUNDED BY 40TH STREET TO THE SOUTH AND 42ND STREET TO THE NORTH, BETWEEN ALTON ROAD AND THE INDIAN CREEK WATERWAY; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. (Sponsored by Commissioner Alex Fernandez)

 

ALCOHOL HOURS OF SALE - 2:00 A.M. CITYWIDE

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ALCOHOLIC BEVERAGES,” ARTICLE I, ENTITLED “IN GENERAL,” BY AMENDING SECTION 6-3 THEREOF, ENTITLED “HOURS OF SALE/VIOLATIONS,” TO AMEND THE HOURS OF SALE AND SERVICE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT ALCOHOLIC BEVERAGE ESTABLISHMENTS, AND ESTABLISH A PROCEDURE FOR DETERMINATIONS OF VESTED RIGHTS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. (Sponsored by Commissioner Mark Samuelian)

 

ALCOHOLIC BEVERAGES - MODIFICATIONS AND EXCEPTIONS TO THE HOURS OF SALE FOR ON-PREMISE CONSUMPTION

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ALCOHOLIC BEVERAGES,” ARTICLE I, ENTITLED “IN GENERAL,” BY AMENDING SECTION 6-3 THEREOF, ENTITLED “HOURS OF SALE/VIOLATIONS,” TO AMEND THE HOURS OF SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION AT ALCOHOLIC BEVERAGE ESTABLISHMENTS; ESTABLISH A PROCEDURE TO APPLY FOR EXTENDED HOURS OF SERVICE; IDENTIFY ELIGIBLE ESTABLISHMENTS; CREATE APPLICATION REQUIREMENTS; PROVIDE FOR RENEWALS; ESTABLISH MINIMUM PERFORMANCE STANDARDS, CRITERIA, AND CONDITIONS; PROVIDE FOR PENALTIES, ENFORCEMENT, AND APPEALS; AND CREATE A REPORTING REQUIREMENT; BY CREATING SECTION 6-3.1, ENTITLED “RESPONSIBLE VENDOR QUALIFICATION,” TO ESTABLISH CRITERIA FOR AN ALCOHOLIC BEVERAGE ESTABLISHMENT TO QUALIFY AS A RESPONSIBLE VENDOR; AND AMENDING SECTION 6-4, ENTITLED “LOCATION AND USE RESTRICTIONS,” TO ESTABLISH MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR ESTABLISHMENTS HOLDING APPROVAL TO SERVE ALCOHOLIC BEVERAGES AFTER 2:00 A.M.; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. (Sponsored by Mayor Dan Gelber)

 

ALCOHOL HOURS OF SALE EXPANDED ART DECO CULTURAL DISTRICT - OPTION A: 2:00 A.M., NO EXCEPTIONS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED “ALCOHOLIC BEVERAGES,” BY AMENDING ARTICLE I, ENTITLED “IN GENERAL,” BY AMENDING SECTION 6-3 THEREOF, ENTITLED “HOURS OF SALE/VIOLATIONS,” TO UNIFORMLY PROHIBIT THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION BETWEEN THE HOURS OF 2:00 A.M. AND 8:00 A.M. EACH NIGHT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED WITHIN THE AREA GENERALLY BOUNDED BY EUCLID AVENUE ON THE WEST, THE ATLANTIC OCEAN ON THE EAST, 16TH STREET ON THE NORTH, AND 5TH STREET ON THE SOUTH; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. (Sponsored by Commissioner Mark Samuelian)

 

ALCOHOL HOURS OF SALE ON WEST AVENUE AND ALTON ROAD

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED “ALCOHOLIC BEVERAGES,” BY AMENDING ARTICLE I, ENTITLED “IN GENERAL,” BY AMENDING SECTION 6-3 THEREOF, ENTITLED “HOURS OF SALE/VIOLATIONS,” TO UNIFORMLY PROHIBIT THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION BETWEEN THE HOURS OF 2:00 A.M. AND 8:00 A.M. EACH NIGHT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ALONG WEST AVENUE AND ALTON ROAD, BETWEEN 5TH STREET AND COLLINS CANAL (INCLUDING SIDE STREETS); AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. (Sponsored by Commissioner Mark Samuelian)

 

ALCOHOL HOURS OF SALE - ELIGIBILITY LIMITED TO EXISTING 5:00 A.M. ESTABLISHMENTS; AND 5/7TH WAIVER BY CITY COMMISSION

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ALCOHOLIC BEVERAGES,” ARTICLE I, ENTITLED “IN GENERAL,” BY AMENDING SECTION 6-3 THEREOF, ENTITLED “HOURS OF SALE/VIOLATIONS,” TO AMEND THE HOURS OF SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION AT ALCOHOLIC BEVERAGE ESTABLISHMENTS; ESTABLISH CERTAIN EXEMPTIONS FOR EXTENDED HOURS OF SERVICE FOR EXISTING 5:00 A.M. BUSINESSES AND BUSINESSES THAT RECEIVE CITY COMMISSION APPROVAL; ESTABLISH A PROCEDURE TO APPLY FOR EXTENDED HOURS OF SERVICE; IDENTIFY ELIGIBLE ESTABLISHMENTS; CREATE APPLICATION REQUIREMENTS; PROVIDE FOR RENEWALS; ESTABLISH MINIMUM PERFORMANCE STANDARDS, CRITERIA, AND CONDITIONS; PROVIDE FOR PENALTIES, ENFORCEMENT, AND APPEALS; AND CREATE A REPORTING REQUIREMENT; BY CREATING SECTION 6-3.1, ENTITLED “RESPONSIBLE VENDOR QUALIFICATION,” TO ESTABLISH CRITERIA FOR AN ALCOHOLIC BEVERAGE ESTABLISHMENT TO QUALIFY AS A RESPONSIBLE VENDOR; AND AMENDING SECTION 6-4, ENTITLED “LOCATION AND USE RESTRICTIONS,” TO ESTABLISH MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR ESTABLISHMENTS HOLDING APPROVAL TO SERVE ALCOHOLIC BEVERAGES AFTER 2:00 A.M.; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. (Sponsored by Vice-Mayor Kristen Rosen Gonzalez)

 

Please note the following additional Ordinances previously adopted on First Reading related to alcohol hours of sale will also be heard at the July 8, 2022 Special Commission Meeting. 

           

ALCOHOL HOURS OF SALE - EXTENDED HOURS APPROVAL INCLUDING EXPANDED ART DECO CULTURAL DISTRICT

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE/VIOLATIONS," TO AMEND THE HOURS OF SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION AT ALCOHOLIC BEVERAGE ESTABLISHMENTS; ESTABLISH A PROCEDURE TO APPLY FOR EXTENDED HOURS OF SERVICE; IDENTIFY ELIGIBLE ESTABLISHMENTS; CREATE APPLICATION REQUIREMENTS; PROVIDE FOR RENEWALS; ESTABLISH MINIMUM PERFORMANCE STANDARDS, CRITERIA, AND CONDITIONS; PROVIDE FOR PENALTIES, ENFORCEMENT, AND APPEALS; CREATE A VESTED RIGHTS PROCEDURE; AND CREATE A REPORTING REQUIREMENT; BY CREATING SECTION 6-3.1, ENTITLED "RESPONSIBLE VENDOR QUALIFICATION," TO ESTABLISH CRITERIA FOR AN ALCOHOLIC BEVERAGE ESTABLISHMENT TO QUALIFY AS A RESPONSIBLE VENDOR; AND AMENDING SECTION 6-4, ENTITLED "LOCATION AND USE RESTRICTIONS," TO ESTABLISH MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR ESTABLISHMENTS HOLDING APPROVAL TO SERVE ALCOHOLIC BEVERAGES AFTER 2:00 A.M.; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. (Sponsored by Commissioner Alex Fernandez)


EQUITABLE ESTOPPEL AND NONCONFORMANCE PROVISIONS - ALCOHOL HOURS OF SALE

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” BY AMENDING ARTICLE III, ENTITLED “AMENDMENT PROCEDURE,” BY AMENDING SECTION 118-168, ENTITLED “PROPOSED LAND DEVELOPMENT REGULATION AMENDMENTS; APPLICATION OF EQUITABLE ESTOPPEL TO PERMITS AND APPROVALS,” AND BY AMENDING ARTICLE IX, ENTITLED “NONCONFORMANCES,” SECTION 118-390, ENTITLED “PURPOSE/APPLICABILITY” AND SECTION 118-393, ENTITLED “NONCONFORMING USE OF BUILDINGS,” TO CLARIFY, CONSISTENT WITH FLORIDA LAW, THAT THE PROVISIONS OF THESE SECTIONS DO NOT APPLY TO ALCOHOL HOURS OF SALE; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.  (Sponsored by Commissioner Mark Samuelian)

 

ALCOHOL HOURS OF SALE - OUTDOORS WEST AVENUE AND ALTON ROAD

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ALCOHOLIC BEVERAGES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE/VIOLATIONS," TO ADOPT UNIFORM HOURS FOR THE OUTDOOR SALE AND SERVICE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AND CONSUMPTION AT SIDEWALK CAFES AT ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ALONG WEST AVENUE AND ALTON ROAD, BETWEEN 5TH STREET AND LINCOLN ROAD (INCLUDING SIDE STREETS), AND CREATE A VESTED RIGHTS PROCEDURE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. (Sponsored by Commissioner Mark Samuelian)         

 

ALCOHOL HOURS OF SALE - 2:00 A.M. OUTDOORS CITYWIDE

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ALCOHOLIC BEVERAGES,” ARTICLE I, ENTITLED “IN GENERAL,” BY AMENDING SECTION 6-3 THEREOF, ENTITLED “HOURS OF SALE/VIOLATIONS,” TO AMEND PERMITTED HOURS FOR THE OUTDOOR SALE AND SERVICE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AND CONSUMPTION AT SIDEWALK CAFES, AND CREATE A VESTED RIGHTS PROCEDURE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. (Sponsored by Commissioner Alex Fernandez)       

 

SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

N/A

Applicable Area

Citywide
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