Pursuant to direction of the LUSC on May 1, 2024, the attached draft ordinances have been prepared. In addition to a comprehensive amendment to the LDR’s, a companion amendment to Chapter 6 of the City Code is included.

The following is a summary of the proposed LDR amendment:

Definitions
A definition for a “Restaurant Supper Club” has been added to section 1.2.2.4 as follows:

Restaurant Supper Club means a commercial establishment where food and drinks may be purchased by the public and which conducts the business of serving of food to be consumed on the premises, whose principal business is the preparation, serving, and selling of food, to the customer for consumed [consuming] on the premises. Food shall be continuously ready to be prepared, served, and sold during all business operational hours for a restaurant supper club use. Additionally, the following shall apply:
a. The establishment shall be licensed as a restaurant and shall obtain all required restaurant licenses from the State and meet all requirements of the health department specific to restaurants.
b. The restaurant shall include a full kitchen, including the following minimum equipment requirements:
1. Cook top and oven.
2. A hood exhaust system along with a fire system connected to the hood.
3. Dish washing apparatus, including a 3-compartment sink.
4. A walk-in refrigerator.
5. Grease trap interceptor (if required).
c. The establishment shall have minimum annual food sales of 60%.

This new definition significantly increases the threshold for what constitutes a supper club restaurant use. Under the current definition of restaurant, it is easy for a venue to provide little more than snacks and bar bites, yet still be considered a restaurant.

Amendments to Applicable Zoning Districts
All districts that currently permit entertainment, in some form, have been modified to be consistent with proposed, comprehensive entertainment regulations in section 7.5.5.4.

Comprehensive Regulations for Entertainment
Section 7.5.5.4 has been significantly revised to include a comprehensive, and clear set of regulations for entertainment uses in all applicable zoning districts. These regulations apply to indoor entertainment, outdoor entertainment establishment, open air entertainment establishment, neighborhood impact establishment, dance hall and after-hours dance hall. The following is a summary of the proposed changes:

RM-1 District:
Clarifies that entertainment is not permitted in the RM-1 district, with the exception of the International Inn and Miami Beach Women’s Club sites, which have previously approved regulations.

RM-2 District:
• Outdoor and open-air entertainment, regardless of occupational content, shall continue to require conditional use approval as an accessory use to a hotel, if a hotel use is permitted.
• Indoor entertainment shall only be permitted as an accessory use to a hotel, if a hotel use is permitted, and only as part of a restaurant supper club, unless otherwise noted.
• Indoor entertainment, regardless of occupational content, shall require conditional use approval.
• The occupational content for a venue with entertainment shall not exceed 300 persons, unless otherwise noted.
• Existing limited areas and sites, including Temple Emmanuel, the Collins Park Arts District Overlay and the FAENA District Overlay, retain previously approved regulations.

RM-3 District:
• Outdoor and open-air entertainment, regardless of occupational content, shall continue to require conditional use approval.
• Indoor entertainment shall only be permitted as an accessory use to a hotel, if a hotel use is permitted, and only as part of a restaurant supper club or as part of an indoor venue that does not serve alcohol past 2:00 a.m.
• Indoor entertainment, regardless of occupational content, shall require conditional use approval.
CD-2, CD-3, T-CC, TC-1, TC-2 and MXE Districts:
• Outdoor and open-air entertainment, regardless of occupational content, shall continue to require conditional use approval.
• Indoor entertainment shall be permitted as part of a restaurant supper club or as part of an indoor venue that does not serve alcohol past 2:00 a.m.
• Indoor entertainment, located within an establishment having an occupational content exceeding 125 persons, shall require conditional use approval.
• Existing limited areas and sites, including the Collins Park Arts District Overlay and the Ocean Terrace Overlay, retain previously approved regulations.

CCC and GU districts:
All entertainment continues to be subject to the approval of the City Commission.

Nonconforming Entertainment Establishments:
Provisions pertaining to legally established entertainment venues, including those with an active conditional use permit (CUP), have been included.

Minimum Distance Separation Requirements:
All existing minimum distance separation requirements have been retained and clarified, as follows:
• The minimum distance separation between entertainment establishments, including, but not limited to, outdoor entertainment establishment, open air entertainment establishment, dance hall or after-hours dance hall, which are licensed to sell alcoholic beverages and not also operating as restaurant supper clubs, shall be 300 feet.
• The minimum distance separation between dance halls not licensed to sell alcoholic beverages shall be 300 feet.

Variances:
Variances from any of the requirements of section 7.5.5.4 would now be prohibited.

The minor revisions to Chapter 6 of the City Code, also attached, are to ensure consistency with the proposed amendments to the LDRs. If there is consensus on the attached draft ordinances, as well as any additional input from the LUSC, the proposals can be forwarded to the Planning Board for review and transmittal.