| | | | | | | |  | Ordinances - R5 M
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | October 18, 2023 | | | | First Reading
| | SUBJECT: | ALCOHOL HOURS OF SALE MARCH 2024 - CITYWIDE
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 ESTABLISH HOURS FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT ALCOHOLIC BEVERAGE ESTABLISHMENTS DURING SPECIFIED DATES IN MARCH OF 2024, ESTABLISH A VESTED RIGHTS PROCEDURE, AND PROVIDE FOR SUNSET AND AUTOMATIC REPEALER; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | At the request of the item sponsor, Mayor Dan Gelber, the attached draft ordinance is provided for consideration at First Reading. |
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| | | | | | | | BACKGROUND/HISTORY
| On March 27, 2023, the City Commission held a comprehensive discussion regarding public safety measures and special event programming in anticipation of the spring break / March 2024 high impact period. As part of this discussion, the City Commission adopted Resolution No. 2023-32557, pertaining to a potential state of emergency for limited dates in March of 2024, applicable to the area south of Dade Boulevard/23rd Street. The period commencing March 8, 2024 through March 18, 2024 (or portions thereof), has been identified as the subject period based on prior periods when the City has historically experienced threats to public safety due to excessively large crowds and life-threatening violence.
Additionally, on March 27, 2023, the City Commission directed the Administration and the City Attorney’s Office to draft legislation rolling back alcohol hours of sale, and present recommendations regarding specific hours, dates, and applicable geographic areas. On July 6, 2023, the City Commission held a special meeting to discuss spring break / March 2024 and two (2) options pertaining to a roll back of alcohol sales were presented. |
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| | | | | | | | ANALYSIS
| The attached ordinance, which amends chapter 6 of the City Code and would apply to the entire City, creates special regulations for alcoholic beverage establishments during specified dates in March 2024. Specifically, the proposed ordinance would prohibit the sale and on-premises consumption of alcoholic beverages at alcoholic beverage establishments between the hours of 12:01 a.m. and 8:00 a.m. each night on the following dates:
• Friday, March 8, 2024, at 12:01 a.m. through Monday, March 18, 2024, at 8:00 a.m.
The ordinance includes a vested rights process, as well as a sunset and automatic repealer provision effective on March 19, 2024. Additionally, the proposed ordinance would not apply to alcoholic beverage establishments that are fully enclosed with no direct access to the street and located entirely within hotels containing 200 or more rooms. The following is the approximate breakdown of hotels containing at least 200 units in the City:
South Beach: 15 Hotels
Mid Beach: 14 Hotels
North Beach: 2 Hotels
Total Citywide: 31 Hotels
UPDATE
The subject ordinance was discussed at First Reading on July 26, 2023, including the attached amendment proposed by Commissioner Alex Fernandez to remove the hotel exception. First Reading of the ordinance was continued to the September 13, 2023 City Commission meeting. |
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | The potential fiscal impact is challenging to determine as financial data for alcoholic beverage establishments is not available based on limited times during the day. |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission discuss the proposed ordinance. If the ordinance is approved at First Reading, it is further recommended that Second Reading be set for October 25, 2023. |
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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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Planning |
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