| | | | | | | |  | Resolutions - R7 N
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Rafael A. Paz, City Attorney | | | DATE: | February 22, 2023 | | | |
| | SUBJECT: | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF THE MIAMI BEACH, FLORIDA, DIRECTING THE CITY ATTORNEY TO RESEARCH AND IDENTIFY THE MOST LEGALLY DEFENSIBLE LEGISLATIVE APPROACHES TO ROLL BACK ALCOHOL HOURS THAT WOULD, TO THE MAXIMUM EXTENT POSSIBLE, LIMIT THE CITY’S LEGAL EXPOSURE AND RISK OF AN ADVERSE COURT RULING; FURTHER, DIRECTING THE CITY MANAGER TO PRESENT A POLICY RECOMMENDATION ON THE ROLLBACK OF ALCOHOL HOURS UTILIZING THE LEGISLATIVE APPROACHES IDENTIFIED BY THE CITY ATTORNEY; DEFERRING ALL LEGISLATION ON THE FEBRUARY 22, 2023 CITY COMMISSION MEETING AGENDA PERTAINING TO ALCOHOL HOURS OF SALE UNTIL SUCH TIME THAT THE CITY ATTORNEY AND CITY MANAGER HAVE REPORTED BACK TO THE CITY COMMISSION; AGREEING TO LIMIT THE SCOPE OF THE CITY COMMISSION’S LEGISLATIVE DEBATE ON ALCOHOL HOURS OF SALE TO INCLUDE ONLY THOSE ORDINANCES IDENTIFIED BY THE CITY ATTORNEY AS PRESENTING THE LOWEST LITIGATION RISK, IN AN EFFORT TO AVOID THE EXCESSIVE RISK AND COST ASSOCIATED WITH YEARS OF LITIGATION, WHICH COULD CREATE ADVERSE PRECEDENT LIMITING THE AUTHORITY OF THE CITY OF MIAMI BEACH AND OTHER LOCAL GOVERNMENTS THROUGHOUT THE STATE OF FLORIDA TO REGULATE ALCOHOL HOURS OF SALE; AND REQUESTING THAT THE CITY ATTORNEY AND CITY MANAGER PRESENT THEIR RECOMMENDATIONS AT A FUTURE CITY COMMISSION MEETING. |
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| | | | | | | | ANALYSIS
| | Pursuant to the request of Commissioner Alex J. Fernandez, the attached Resolution has been placed on the February 22, 2023 City Commission meeting agenda. |
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| | | | | | | | SUPPORTING SURVEY DATA
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| | | | | | | | FINANCIAL INFORMATION
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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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| | | | | | | | Strategic Connection
| | Non-Applicable |
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| | | | | | | | Legislative Tracking
Office of the City Attorney |
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| | | | | | | | Sponsor
Commissioner Alex Fernandez |
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