ALCOHOL HOURS OF SALE WEST AVENUE - 2:00 A.M. INDOORS EAST SIDE OF ALTON ROAD - PROSPECTIVE 2:00 A.M.

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)"; AMENDING DIVISION 5, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 7.2.5.2, "USES (RM-2),"; AMENDING DIVISION 6, "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," SECTION 7.2.6.2, "USES (RM-3)"; AMENDING DIVISION 11, "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 7.2.11.2, "USES (CD-2)"; AND AMENDING DIVISION 15, "PERFORMANCE STANDARD DISTRICT (PS), "SECTION 7.2.15.3, "COMMERCIAL PERFORMANCE STANDARDS DISTRICTS (C-PS)," TO ADOPT AND/OR AMEND HOURS FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES AT ALCOHOLIC BEVERAGES ESTABLISHMENTS IN THE AREA GENERALLY BOUNDED BY BISCAYNE BAY ON THE WEST, LINCOLN ROAD ON THE NORTH, 5TH STREET ON THE SOUTH, AND LENOX COURT OR THE EASTERN BOUNDARY LINE OF PROPERTIES FRONTING THE EAST SIDE OF ALTON ROAD ON THE EAST; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

The Land Development Regulations of the City Code (LDRs) permits alcoholic beverage establishments within the CD-2 zoning district along Alton Road, as well as within the CD-2, C-PS4, RM-2 and RM-3 districts along West Avenue. Absent appropriate regulations, these uses could be incompatible with adjacent residential uses in the Flamingo Park and West Avenue neighborhoods. Such establishments include restaurants, stand-alone bars, outdoor food and beverage services, entertainment establishments, and dance halls, where alcoholic beverages are sold and consumed.

The sale and consumption of alcoholic beverages during the early morning hours, particularly in outdoor areas, can be disruptive to residents, as related impacts generate excessive noise, and result in increased calls for service to the Police and Code Compliance Departments. These impacts particularly burden the residents of the West Avenue and Flamingo Park neighborhoods that are adjacent to such establishments.

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 beverages. Accordingly, the City has the authority to adopt the proposed legislation.

West Avenue Neighborhood
The West Avenue neighborhood is composed primarily of multifamily residential buildings, and most of the properties fall primarily within the RM-1, RM-2 and RM-3 zoning districts, with the exception of the northern and southern ends, which are zoned CD-2 and C-PS4 (see attached map). The neighborhood is adjacent to the Alton Road Commercial corridor which consists of CD-1 and CD-2 zoning districts. Within the West Avenue neighborhood, residential uses are only separated by an alley from the Alton Road commercial districts.

On February 22, 2023, the City Commission adopted Ordinance No. 2023-4543, establishing a uniform 2:00 a.m. termination time for the sale and consumption of alcoholic beverages outdoors at alcoholic beverage establishments located between Biscayne Bay on the west, the eastern boundary line of properties fronting West Avenue on the east, the 5th Street right-of-way on the south, and the Lincoln Road right-of-way on the north. Currently, the sale and on-premises consumption of alcohol indoors is permitted until 5:00 a.m. in this area.

The proposed ordinance would create a uniform 2:00 a.m. indoor termination time for the sale and consumption of alcoholic beverages at alcoholic beverage establishments along both sides of West Avenue. The 2:00 a.m. termination of alcohol sales would apply to both new and existing establishments between Biscayne Bay on the west, the eastern boundary line of properties fronting West Avenue on the east, the 5th Street right-of-way on the south, and the Lincoln Road right-of-way on the north. Additionally, the proposed ordinance includes provisions for the determination of any vested rights for existing businesses.

Alton Road
The Alton Road corridor, between Fifth Street and Lincoln Road, is composed primarily of commercial uses, with some limited residential, hotel and office uses. Most of the properties along this corridor fall within the CD-2, CD-1 and RO zoning districts, with the exception of the northern and southern ends, which are zoned CD-3 and C-PS2 (see attached map).

The Flamingo Park neighborhood, located immediately east of the Alton Road corridor, is a locally designated historic district that is composed primarily of low intensity multifamily and single-family residential buildings. On some blocks, residential uses immediately abut the Alton Road commercial districts, while on other blocks residential uses are separated only by an alley from the commercial districts.

The proposed ordinance provides a prospective 2:00 a.m. termination time for the sale and consumption of alcoholic beverages at new alcoholic beverage establishments along the east side of Alton Road, between 5th Street and Lincoln Road in the CD-2 district. Establishments with existing 5:00 a.m. licenses would be permitted to continue serving alcohol until 5:00 a.m.

The proposed ordinance would also create parity between the east and west sides of Alton Road. A 2:00 a.m. termination time for alcohol sales for new alcoholic beverage establishments in the CD-2 district along the west side of Alton Road, between 5th Street and Collins Canal, has been in place since 2016.

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). The Planning Board also recommended the following:

1. The C-PS4 district north of 5th Street be added to the ordinance, as the intent of the ordinance is to include the areas north of Fifth Street.

2. Establishments located east of Alton Road in the CD-2 zoning district should be exempt from the new time restrictions if they have an approved land use board order that was issued no later than October 30, 2023, as follows:

“The provisions of this paragraph (e)(iii) shall not apply to: i. any alcoholic beverage establishment with a valid business tax receipt (BTR) for an alcoholic beverage establishment that is issued prior to October 30, 2023; ii. an alcoholic beverage establishment located east of Alton Road in the CD-2 zoning district with an approved land use board order for an alcoholic beverage establishment that was issued prior to October 30, 2023.”

The ordinance has been updated to include the C-PS4 district north of Fifth Street, as the intent of the legislation is to include districts north of Fifth Street. However, the recommendation regarding an additional exception for establishments with a land use board order has not been included in the ordinance for First Reading.

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