Item Coversheet

Ordinances - R5  G




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:May  17, 2017
 

10:30 a.m. First Reading Public Hearing

SUBJECT:

PACKAGE LIQUOR STORE DISTANCE SEPARATION:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6, “ALCOHOLIC BEVERAGES”, ARTICLE I, “IN GENERAL”, SECTION 6-4, “LOCATION AND USE RESTRICTIONS”, TO AMEND AND INCREASE THE DISTANCE SEPARATION BETWEEN RETAIL STORES FOR OFF-PREMISES CONSUMPTION FROM 300 FEET TO 1500 FEET, AND TO AUTHORIZE THE PLANNING BOARD TO GRANT A CONDITIONAL USE PERMIT TO OPERATE A RETAIL STORE FOR OFF-PREMISES CONSUMPTION AT A LESSER DISTANCE, PROVIDED THAT IN NO EVENT SHALL SUCH A STORE OPERATE AT A DISTANCE LESS THAN 700 FEET FROM AN EXISTING STORE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Reading Public Hearing for June 7, 2017.

ANALYSIS

BACKGROUND

On September 14, 2016, the City Commission referred this item to the Land Use and Development Committee (Item R5R). On September 21, 2016, the item was discussed and continued to a date certain of November 16, 2016. On November 16, 2016, the Land Use Committee discussed the item and recommended that the City Commission refer the attached ordinance to the Planning Board for consideration.

 

On December 14, 2016, the City Commission referred the item to the Planning Board (Item C4 H).  The item was sponsored by Vice-Mayor Joy Malakoff & co-sponsored by Commissioner Ricky Arriola.

 

PLANNING ANALYSIS

At the September 21, 2016 Land Use Committee meeting, the Administration was directed to research the locations of existing package stores citywide.  Attached is a list of such establishments, as well as maps showing the locations. 

 

The proposed draft ordinance amends Chapter 6 of the City Code by increasing the minimum distance separation of package stores from the current 300 feet to 1500 feet, as recommended by the Land Use Committee.  The current distance separation of 300 feet allows for a package store on almost every block in the commercial districts.  The measurement of the distance separation is from door to door as outlined below in the City Code Chapter 6, Section 6-4 “Location and use restrictions:”

 

(b)  Determination of minimum distance separation.

(1)  For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the main entrance or exit in which the use associated with alcohol beverages occurs to the nearest point of the property used for a public or private school. In cases where a minimum distance is required between two uses associated with the alcohol beverages for consumption on or off the premises other than a public or private school, the minimum requirement shall be determined by measuring a straight line between the principal means of entrance of each use.

 

As a point of reference, the words liquor store, package sales, and retail store for off premises consumption are used interchangeably.  The threshold to determine if an establishment is subject to the distance separation regulations is if the establishments are “retail stores primarily selling alcohol beverages.”  If the establishment’s floor plan uses more than 50% of the floor area to sell alcohol it is subject to these regulations.  Otherwise, if the sale of alcohol is less than 50% of the floor area it is considered a convenience store or other type of retail establishment, which does not have a distance separation requirement in the code for alcohol sales.

 

PLANNING BOARD REVIEW

On January 24, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation. The Planning Board also recommended that the City Commission include a no variance provision for the revised distance requirements, which has been included in the draft ordinance. 

 

UPDATE

The subject ordinance was considered and approved at First Reading on March 1, 2017. At Second Reading on April 26, 2017, a modification was introduced on the floor that amended the Ordinance title. As such, a new First Reading was set for May 17, 2017.

 

The proposed increase in distance separation from the current 300 feet to 1500 feet remains. The proposed revision to the Ordinance consists of the following additional language:

 

A retail store primarily selling alcoholic beverages may obtain conditional use approval from the planning board to operate at a lesser distance from an existing store, but in no event shall such a store open at a distance less than 700 feet from an existing store. There shall be no variances from this distance separation requirement.

 

This revised text has been incorporated into the new First Reading version of the legislation.

CONCLUSION

The Administration recommends that the City Commission approve the Ordinance at First Reading and set a Second Reading Public Hearing for June 7, 2017.

Legislative Tracking
Planning
Sponsor
Commissioner Joy Malakoff and Co-Sponsored by Commissioner Ricky Arriola

ATTACHMENTS:
Description
Citywide List - Liquor Stores
Liquor Stores Map - NORTH
Liquor Stores Map - SOUTH
Liquor Stores Map - MID
Form Approved Ordinance
Ad