Item Coversheet

New Business and Commission Requests - R9  F




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:October  18, 2023
 



SUBJECT:REFERRAL TO THE PLANNING BOARD - HOURS FOR ALCOHOL SALES IN MARCH 2024 - SOUTH OF 23RD STREET.

RECOMMENDATION

At the request of the item sponsor, the attached draft ordinance is provided for referral to the Planning Board.

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 2024 / March 2024 and two (2) options pertaining to a roll back of alcohol sales were presented.

ANALYSIS

The attached ordinance creates special regulations for alcoholic beverage establishments during specified dates in March 2024. The ordinance, which has been drafted as an amendment to the Land Development Regulations of the City Code (LDR’s), would apply only to establishments located south of Dade Boulevard/23rd Street.

The 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 11, 2024, at 8:00 a.m.; and

• Friday, March 15, 2024, at 12:01 a.m. through Monday, March 18, 2024, at 8:00 a.m.

The ordinance also includes a sunset and automatic repealer provision effective on March 19, 2024, as well as a detailed vested rights procedure. 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 larger hotels.

 

APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.

2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

Should this proposal be referred to the Planning Board, the Administration recommends that the City Commission determine that the proposed amendment is necessary based on circumstances unique to the proposed amendment and waive the applicable fees.

SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

No Fiscal Impact Expected

CONCLUSION

The Administration recommends the following:

1. The City Commission discuss the proposed ordinance. If there is consensus on the proposal, it is further recommended that the ordinance be referred to the Planning Board.

2. If the ordinance is referred to the Planning Board, in accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waive the applicable fees based on circumstances unique to the proposed amendment.

Applicable Area

South Beach
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 
Legislative Tracking
Planning
Sponsor
Mayor Dan Gelber

ATTACHMENTS:
Description
Draft Ordinance