The attached ordinance creates special regulations for alcoholic beverage establishments during specified dates in March 2024. The ordinance, which has been drafted as an amendment to the Land Development Regulations of the City Code (LDRs), would apply only to establishments located south of Dade Boulevard/23rd Street.

The ordinance would prohibit the sale and on-premises consumption of alcoholic beverages at alcoholic beverage establishments between the hours of 12:01 a.m. and 8:00 a.m. each night on the following dates:

• Friday, March 8, 2024, at 12:01 a.m. through Monday, March 11, 2024, at 8:00 a.m.; and

• Friday, March 15, 2024, at 12:01 a.m. through Monday, March 18, 2024, at 8:00 a.m.

The ordinance also includes a sunset and automatic repealer provision effective on March 19, 2024, as well as a detailed vested rights procedure.

Additionally, the sponsor has requested that the City Commission only refer this item to the Planning Board if there are five affirmative votes in favor, particularly since (i) adoption of the Ordinance, which is an amendment to the Land Development Regulations, will require a 5/7ths vote; and (ii) special Planning Board and City Commission meetings would need to be scheduled on short notice.

APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive 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.

Should this proposal be referred to the Planning Board, the Administration recommends that the City Commission determine that the proposed amendment is necessary based on circumstances unique to the proposed amendment and waive the applicable fees.

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