ALCOHOL HOURS OF SALE - BELLE ISLE

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 7 OF THE MIAMI BEACH RESILIENCY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS, "DIVISION 4, "RM-1 RESIDENTIAL MULTIFAMILY, LOW INTENSITY, "SECTION 7.2.4.2, "USES (RM-1)," AND AMENDING DIVISION 5, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 7.2.5.2, "USES (RM-2)," TO ADOPT HOURS FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES AT ALCOHOLIC BEVERAGES ESTABLISHMENTS ON BELLE ISLE; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

The proposed regulations amend the RM-1 and RM-2 district regulations, to adopt a uniform termination time of 2:00 a.m. indoors and 12:00 a.m. outdoors, for the sale and consumption of alcoholic beverages at eligible alcoholic beverage establishments on Belle Isle. The only establishment currently licensed to serve alcohol on Belle Isle is within the Standard Hotel, which is currently licensed to serve alcohol until 12:00 a.m. However, the proposed ordinance also includes provisions for the determination of any vested rights for existing businesses.

Generally, the sale and consumption of alcohol during the early morning hours can be disruptive to residents, generate undesirable noise, and result in increased calls for service to the Police and Fire Departments. These impacts would be particularly burdensome on the residents of Belle Isle, which is a residential neighborhood.

PLANNING BOARD REVIEW
On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0).

APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.

2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

The Administration recommends that the City Commission waive the applicable fees based on circumstances unique to the proposed amendment.

BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and published on the City's website on January 11, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.

LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsor as it relates to the subject ordinance amendment:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

2. If so, specify name of lobbyist(s) and principal(s): Not Applicable