ALCOHOL HOURS OF SALE WEST AVENUE AND ALTON ROAD

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED “ALCOHOLIC BEVERAGES,” BY AMENDING ARTICLE I, ENTITLED “IN GENERAL,” BY AMENDING SECTION 6-3 THEREOF, ENTITLED “HOURS OF SALE/VIOLATIONS,” TO UNIFORMLY PROHIBIT THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION BETWEEN THE HOURS OF 2:00 A.M. AND 8:00 A.M. EACH NIGHT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ALONG WEST AVENUE AND ALTON ROAD, BETWEEN 5TH STREET AND COLLINS CANAL (INCLUDING SIDE STREETS); AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

Pursuant to the request of Mayor Dan Gelber, the attached Ordinance has been placed on the February 22, 2023 City Commission meeting agenda for Second Reading/Public Hearing. 

This Ordinance, originally sponsored by the late Commissioner Mark Samuelian, was approved by the City Commission at First Reading on February 9, 2022. 

The Ordinance amends Section 6-3 of the City Code to provide that, at alcoholic beverage establishments along West Avenue and Alton Road, between 5th Street and Collins Canal (including side streets), the sale of alcoholic beverages for on-premises consumption shall terminate at 2:00 a.m. each night. 

Consistent with all other alcohol hours legislation pending before the City Commission, the Ordinance has been revised for Second Reading to include a vested rights procedure for a dedicated special magistrate, appointed by the City Commission, to adjudicate applications by individual establishments claiming that they are vested as to certain hours of sale. 

A companion item sponsored by Mayor Gelber has been placed on the February 22, 2023 City Commission meeting agenda as a referral to the Planning Board. The purpose of the referral is to amend the CD-1 and CD-2 regulations in the Land Development Regulations for properties along the west side of Alton Road and limited areas along the east side of West Avenue, in order to repeal the existing exemption from the 2:00 a.m. termination time for alcoholic beverage establishments with a BTR or land use board order issued prior to May 21, 2016.

The intent is that Second Reading of both Ordinances (i.e. the attached amendment to Chapter 6, and the LDR amendment referenced above) occur at the same City Commission meeting. Accordingly, Second Reading of the attached Ordinance should be opened and continued to a future date, to coincide with Second Reading of the LDR amendment.

The Chapter 6 amendment, as drafted, can only be adopted if the companion LDR item is referred to the Planning Board and adopted by the City Commission on a 5/7ths vote. Therefore, the Alton Road/West Avenue rollback proposed in these two items can only proceed if the City Commission adopts the LDR amendment on a 5/7ths vote.