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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 8.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Rickelle Williams, Interim City Manager
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| DATE: May 1, 2024
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| | | | | | | | | TITLE: | ADOPT MINIMUM REQUIREMENTS FOR RESTAURANTS SEEKING TO PROVIDE ENTERTAINMENT, IN ORDER TO INCENTIVIZE “SUPPER CLUBS” AND RESTAURANTS OFFERING INDOOR PERFORMANCES WITHIN DISTRICTS THAT PERMIT ENTERTAINMENT |
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| | | | | | | | HISTORY:
| On April 3, 2024, at the request of Commissioner David Suarez, the City Commission referred the item (C4 D) to the Land Use and Sustainability Committee (LUSC) and the Planning Board.
As noted in the attached referral memo, the item sponsor would like the LUSC to discuss amending the Land Development Regulations of the City Code (LDR’s) to better define what constitutes a restaurant, for purposes of allowing indoor entertainment in zoning districts that currently permit entertainment. The intent of this proposal is to incentivize supper clubs, as well as restaurants offering indoor performances. Following the review and recommendation of the LUSC, a draft ordinance would be sent to the Planning Board.
Currently, entertainment and dance halls are permitted in a venue serving alcohol, in accordance with the following:
• Fully enclosed, indoor venues, including bars, nightclubs and restaurants, are permitted as of right, if the occupational content is less than 200 persons.
• Fully enclosed, indoor venues, including bars, nightclubs and restaurants, require conditional use approval from the Planning Board, if the occupational content exceeds 200 persons.
• Outdoor or open-air venues, regardless of occupational content, require conditional use approval from the Planning Board.
The minimum distance separation between dance halls and entertainment establishments not also operating as restaurants with full kitchens and serving full meals is 300 feet; requests for a distance separation variance are permitted. However, for dance halls and entertainment establishments also operating as a restaurant, there is no distance separation requirement between such uses. Additionally, the Code has the following minimum standards for a restaurant associated with a dance hall or entertainment establishment:
For purposes of this section, "full kitchens" shall mean having commercial grade burners, ovens and refrigeration units of sufficient size and quantity to accommodate the occupancy content of the establishment. Full kitchens must contain grease trap interceptors, and meet all applicable city, county and state codes. |
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| | | | | | | | ANALYSIS:
| The following are some initial draft standards and requirements for restaurants seeking to provide entertainment, for consideration by the LUSC:
1. Regardless of the occupational content of the venue, conditional use approval from the Planning Board shall be required.
2. The restaurant shall obtain all applicable restaurant licenses from the State and meet all requirements of the health department specific to restaurants.
3. The restaurant shall include a full kitchen, including the following minimum equipment requirements:
a. Cook top and oven.
b. A hood exhaust system along with a fire system connected to the hood.
c. Dish washing apparatus, including a 3-compartment sink.
d. A walk-in refrigerator.
e. Grease trap interceptor (if required).
4. The restaurant shall have minimum annual food sales of 60%.
5. At least 50% of the floor area of the restaurant venue shall contain table seating with individual chairs. The Planning Board, through the conditional use permit (CUP) process, may allow for a lower floor area percentage of restaurant seating, based upon the need for a larger kitchen, and may consider different types of tables and seating.
The above noted standards and requirements significantly increase the threshold for what constitutes a restaurant use. Under the current standards, it is easy for a venue to provide little more than snacks and bar bites, yet still be considered a restaurant.
If there is consensus on the aforementioned standards, as well as any additional input from the LUSC, a draft ordinance can be prepared and sent to the Planning Board.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide a recommendation to the Planning Board and City Commission. |
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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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| ATTACHMENTS: | | Description | Type |  | REF C4D | Memo |
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