| | | | | | | |  | Ordinances - R5 A
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Rickelle Williams, Interim City Manager | | | DATE: | May 15, 2024 | | | | 10:10 a.m. First Reading Public Hearing
| | SUBJECT: | ALCOHOL HOURS OF SALE – RM3 OCEANFRONT PROPERTIES
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 6, "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," SECTION 7.2.6.2, "USES (RM-3)", 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 COLLINS AVENUE ON THE WEST, 72ND STREET ON THE NORTH, 53RD STREET ON THE SOUTH, AND THE EASTERN BOUNDARY LINE OF PROPERTIES FRONTING THE EAST SIDE OF COLLINS AVENUE ON THE EAST; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for July 24, 2024. |
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| | | | | | | | BACKGROUND/HISTORY
| On December 13, 2023, at the request of Commissioner Alex Fernandez, the City Commission referred a proposal regarding the outdoor sale of alcohol on oceanfront properties in the RM3 zoning district (Item C4 V) to the Public Safety and Neighborhood Quality of Life Committee (PSNQLC) and the Planning Board. Commissioner Tanya K. Bhatt was the co-sponsor of the proposal.
On February 14, 2024, the PSNQLC recommended that the Planning Board transmit an ordinance to the City Commission with a favorable recommendation. |
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| | | | | | | | ANALYSIS
| The City Code permits accessory alcoholic beverage establishments within the RM-3 zoning district. Absent appropriate regulations, these uses could be incompatible with adjacent residential uses along the Collins Avenue corridor. 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 could include excessive noise, as well as increased calls for service to the Police, Fire and Code Compliance Departments. These impacts principally burden residents in neighborhoods that are adjacent to such establishments.
To address these concerns, the attached draft ordinance would limit the outdoor sale of alcohol to 12:00 a.m. for properties located in the RM-3 zoning district, on the east side of Collins Avenue from 53rd to 72nd Street, identified as “Upper Collins Avenue”. This 12:00 a.m. cutoff would apply to both new and existing establishments, and the ordinance contains a provision for the determination of any vested rights for existing establishments. The proposal does not impact indoor alcohol sales.
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.1 Accordingly, the City has the authority to adopt the proposed legislation.
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).S
PLANNING BOARD REVIEW
On March 26, 2024, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (6-0).
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. 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 item sponsors 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
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. The City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for July 24, 2024.
2. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waive the applicable fees based on circumstances unique to the proposed amendment. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Alex Fernandez and Co-sponsored by Commissioner Tanya K. Bhatt |
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