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Ordinances - R5  R




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Raul J. Aguila, City Attorney 
DATE:May  17, 2017
 

First Reading

SUBJECT:

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, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE," TO PROHIBIT PACKAGE LIQUOR SALES BEFORE 8:00 A.M. EACH DAY AT RETAIL STORES (INCLUDING PACKAGE, GROCERY, CONVENIENCE, AND ANY OTHER RETAIL STORES, AS WELL AS GASOLINE STATIONS/SERVICE STATIONS) AND ALCOHOLIC BEVERAGE ESTABLISHMENTS AND, AS APPLICABLE TO THE MXE MIXED USE ENTERTAINMENT DISTRICT, TO AUTHORIZE PACKAGE LIQUOR SALES AT SUCH ESTABLISHMENTS BETWEEN THE HOURS OF 10:00 A.M. AND 10:00 P.M. ONLY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.


ANALYSIS

The attached Ordinance, sponsored by Commissioner Joy Malakoff and Commissioner Ricky Arriola, is hereby submitted for consideration by the Mayor and City Commission. 

 

On November 9, 2016, the Mayor and City Commission adopted Ordinance No. 2016-4058, which prohibited package liquor sales at retail stores (including package, grocery, convenience, and any other retail stores, as well as gasoline stations/service stations) and alcoholic beverage establishments before 10:00 a.m. (instead of 8:00 a.m.) each day.

 

On March 1, 2017, the City Commission reviewed a prior version of this Ordinance, which proposed to prohibit package liquor sales before 9:00 a.m. However, following a discussion on the item, the City Commission directed staff to revise the proposed Ordinance to prohibit package liquor sales before 8:00 a.m. This revision required a new first reading. 

 

On April 26, 2017, the Mayor and City Commission reviewed the revised draft, and directed the City Attorney's Office to prepare a revised draft Ordinance that further restricted the hours of package liquor sales in the MXE district. 

 

The attached Ordinance amends City Code Section 6-3 to prohibit package liquor sales Citywide before 8:00 a.m. (instead of 10:00 a.m.) each day at retail stores (including package, grocery, convenience, and any other retail stores, as well as gasoline stations/service stations) and alcoholic beverage establishments. Notwithstanding the above, the attached Ordinance restricts package liquor sales in the MXE district between the hours of 10:00 a.m. and 10:00 p.m. only.

Legislative Tracking
Office of the City Attorney
Sponsor
Commissioners Joy Malakoff and Ricky Arriola

ATTACHMENTS:
Description
Ordinance