Professional Documents
Culture Documents
Miami Beach Curbs Alcohol Use After 2 A.M.
Miami Beach Curbs Alcohol Use After 2 A.M.
4August2015
RaulAguila,Esq.
CityAttorney
CITYOFMIAMIBEACH
Subject:2A.MAlcoholRestrictionOrdinancesHeldInvalid
DearCityAttorney:
Asyouareaware,CityClerkRafaelGranado,Esq.respondedtomyinquiryastothevalidityof
therecentlyenactedordinancesregulatingthesaleandconsumptionofalcoholicbeverageson
sidewalkcafesintheweehoursofthemorning.
There has been considerable confusion among those who heard about the provisions of the
ordinancesfromvarioussources,butdidnotknowwheretoviewthembecausetheyhavenot
beencodifiedandpublished.Inanyevent,theyareinvalidforseveralreasons.
Mr. Granado sent me three related ordinances with appendages: 20153938 signed 20 May;
20153939signed20May;20153953signed18July.
When asked if the enacted bills were published in the newspaper, he referred me to 2015
3939, which has appended a copy of a 10 May Notice of Public Hearing to consider bills To
TerminatetheSaleandConsumptionofAlcoholicBeveragesat2a.m.amendingChapter6and
Chapter82.HeappendednosuchNoticeto20153938,whichistheheartofthelegislation.
Mr.Granadoexplainedthatnoticesofhearingssatisfythestatutoryrequirementsfornoticeof
hearing.Thatmaybe,butthosenoticesdonotsatisfythemaximmaximusthatAnenactment
thatregulatespersonsorpropertyandimposesafineforviolationsmustbeaprintedlawand
citizens must have notice that it is in effect before they can be subjected to regulation and
fines.
Towit,thepublicmusthavenoticenotonlyofthepossibilitythatprospectivelegislationisto
beconsidered,butmustalsohavenoticethatlegislationunderconsiderationwaspassedinto
law.
Page1of5
THE HERALD
Furthermore,IpointedouttoMr.Granadothatthetitlesoftheresolutionsdifferedfromthe
bodyinrespecttothetimethatconsumptionandsalewouldbeprohibited.
As you both know only so well, Sec. 166.041(2) Fla. Stat. requires that The subject shall be
clearlystatedinthetitle.Thereasonforthatisobvious:mostpeopleglanceatthetitle,andif
itsatisfiestheirinquiry,passonwithoutreadingtherestofthebill.
The titles refer to 2 A.M. as the time both sale and consumption is prohibited. However, the
body of 20153938, which is at the heart of the amendments, gives 2 A.M. for halting
consumptionand1:30A.M.forhaltingsale.
Thatalonecausedconfusionwithrestaurantmanagerswhohappenedtohearfromonesource
or another that 2 A.M. was the right time to end both sale and consumption. The Notice of
PublicHearingalsogivesthewrongtime.
Sotheordinancesarefatallydefectiveforlackofeffectiveandclearpublicationandfortheir
conflictingprovisions.
That is not all. Even worse, no independent economic or fiscal impact study was made as
required by the city charter. Instead, as you can see from the attachments, it was simply
presumed there would be no impact in the rush to curb sale and consumption of alcoholic
beverages on sidewalk cafes, even those with 5 A.M. licenses. That assumption is logically
absurd.Ofcoursearestrictionofsalesoverthreehourscitywidewillhavesomeeconomicand
fiscaleffect.
My understanding of the history of this rush to judgment is that influential neighborhood
association members brought pressure on the mayor to cut back hours for alcohol sale on
OceanDrivenotonlyonsidewalkcafesbutinsideestablishmentsaswell.Irecentlyobserved
two prominent members giggling on the Historic Preservation Board as they approved the
demolitionofahistoricbuildinginordertobuildmultimilliondollarcondominiums.Richpeople
willnotbeanuisancehere,theychuckled.Nodoubttheywill,however,drinkafter2A.M.,and
nodoubtafewwiveswillbesorelyabused.
Thechiefofpolicewhoanswerstothecitymanagerwhoanswerstothemayorwhocontrolsa
majorityofthecommissioncitedcriminalactivityintheOceanDriveareaafter2A.M.asthe
cause for the legislation, yet no careful study was made to determine if the crimes were
committedbypersonsdrinkingonsidewalkcafesafterthattime,and/orifpolicepatrolsalone
wereinadequatetocontrolcrimeduringthattimeincomparisontoearlierhours.
Legalissueswereraised,soitwasdecidedtorestrictsaleandconsumptiononsidewalkcafes
only, and to extend that restriction citywide to where there were none of the problems as
Page2of5
THE HERALD
allegedonOceanDrive.Soeveryonewasselectedtosufferfortheallegedmisbehaviorofafew
peoplenearOceanDrive.
IhavelivedintheghettonearOceanDriveforadecade.Myexperienceisofcourseanecdotal,
yet I can say that most of the crime in the area has nothing to do with visitors drinking at
sidewalk cafes on Ocean Drive, and a lot to do with ineffective police enforcement in the
neighborhoodduringthosehours.
Imustaddthatthepolicedepartmentundertheoldregime,withMajorCauseyinchargeofthe
EntertainmentDistrict,wasinstrumentalinresolvingcriminalbehaviorinpartfomentedbythe
attractionofMiamiriffrafftoWashingtonAvenuehiphopclubssouthofSeventh.TheGreat
Recession and the exodus of paperless migrants was also a major factor in the reduction of
crimeintheneighborhood.
Nevertheless, we now have drunks wandering the alleys, drunks squatting and urinating in
doorwaysevenacrossthestreetfromthepolicestation,anddrunkspassingoutonthestreets
andintheparks,atallhoursofdayandnightsincethereformregimetookoffice(seephoto
gallerybelow).Andnotasingleoneofthemdrinksatsidewalkcafeswhereacocktailcostsat
least$7.Someofthemstealwhatevertheycanlaytheirhandsontosupporttheirhabit,and
wehaveexperiencedknifingsandrapes.
Andthenwehavedrunksathomebeatingandevenkillingtheirwivesandgirlfriends.Perhaps
prohibiting drinking at home after 2 A.M. would reduce that by 20%. Why not restore
Prohibition?
The current ordinance is the most illconceived and illadvised legislation that the city has
sufferedfromthereformregimethusfar.Evenworse,itishastilyandpoorlydrafted,unclear,
andinadequatelypublished.
Infine,itisinvalid.
Therefore,youwouldbewelladvisedtocounseltheadministrationtoceaseenforcementand
gotothecommissionaftertheelectionforguidance.
Repealit.Startover.
Sincerely,
DavidArthurWalters
Cc:
FrankDelVecchio,Esq.
Page3of5
THE HERALD
RandomPhotoGallery
ScottRobinsClub743WashingtonAvenue
Page4of5
THE HERALD
Page5of5
2015- 3938
ORDINANCE NO.
THE GRANTING OF VARIANCES FROM THE PROVISIONS OF SECTION 63( 3)( d), AND PROVIDE FOR PENALTIES; AND PROVIDING FOR REPEALER,
City of Miami Beach (" City") regulates the location, size and hours of
operation, and patron age of uses, that permit the sale and consumption of alcoholic beverages
in Chapter 6 of the City Code, entitled " Alcoholic Beverages"; and
WHEREAS, the
the
of
City,
and
it
serves
welfare of the City' s residents and visitors, to require that sidewalk cafes, which are located on
public rights- of-way,
because the sale and consumption of alcoholic beverages at sidewalk cafes can disturb the
quiet enjoyment of the community, cause undesirable noise, result in physical disputes amongst
patrons and passers-
by,
and contribute
to litter,
noxious odors,
hours
City's residents and visitors, as well as the police officers sworn to protect them; and
this amendment to Chapter 6 of the City Code is intended to ensure that
Officer Eduard Alba of the Miami Beach Police Department is recognized for dedicating himself
to protecting this City and its residents and visitors, and to ensure that other officers are not
WHEREAS,
endangered; and
grants
the
to
establish
its own
alcoholic
pursuant
of midnight and
7: 00
a. m.,
to establish its own regulations for the time for sale of alcoholic or intoxicating beverages; and
WHEREAS, Section 562. 14, Florida Statutes, clearly indicates that the State shall not be
responsible for the enforcement of the hours of sale established by a municipal ordinance; and
WHEREAS, in
Wednesday
to
Night, Inc.
upheld
state, municipal,
v.
City
of
and
intoxicating
beverages ( 1)
of
due
of
special laws or general laws of local application appearing in Section 11 of Article III of the
Florida Constitution; and
Florida Courts
WHEREAS,
authority for
sale
municipality to
municipalities
change
the hours
y
authority
have the statutory
ry aut
of alcohol;
under
within
the
police
power
and
additionally,
beverages may be applied to a property incorporated later into the municipality by annexation.
Village
of
WHEREAS,
v.
and
Florida Courts have held that a municipality exercising its inherent powers
the sale of intoxicating liquors and, in providing such reasonable
regulate
may reasonably
of such
regulations,
liquors
locations in
State
ex rel.
Floyd
opined
which alcoholic
v.
Noel,
regulate (
and ( 3)
1)
the
sanitary conditions under which alcoholic beverages may be dispensed or served to the public.
Op. Att' y
WHEREAS,
and
the City may regulate the hours of sale of alcoholic beverages at sidewalk
provided the regulations are not exercised in an arbitrary or discriminatory manner, and
are grounded upon some reasonable basis of classification with reference to the subject matter
cafes,
to be
regulated.
Makos
hours be
WHEREAS,
provided
for in
and morals of
uniform
in fact, the Florida Attorney General has opined that different hours may be
the community.
WHEREAS,
a municipal ordinance,
business is
City
neither entitled
enforcement of an ordinance
Miami, Inc.
and
such regulations may establish separate zones and do not require that
WHEREAS,
regulation of
v.
v.
of
ordinance
have the statutory authority to set times for sale of alcoholic beverages. Id.; Playpen S., Inc. v.
City of Oakland Park, 396 So. 2d 830 ( Fla. 4th DCA 1981); and
WHEREAS,
Daytona Rests., Inc.
Florida Courts have ruled that hours of operation are not a property right. S.
v.
City
of
and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
That Section 6- 3,
entitled "
Hours
of
Sale,"
of
Article I,
of
Chapter 6,
of the City
In General
ARTICLE I.
Sec. 6- 3.
Hours of Sale.
The hours of sale of alcoholic beverages shall be according to the following schedule,
Retail stores for package sales only, either as permitted main or accessory uses.
e
e-
as permitted
- --
a of accessory us .
Vendors having a license from the state division of alcoholic beverages and
tobacco for the sale of liquor and other alcoholic beverages for consumption off
the premises shall only offer for sale alcoholic beverages within the hours of 8: 00
a. m. and midnight on any day of the week.
2)
Retail
including
stores,
grocery
and
stores,
convenience
and
gasoline
service/filling stations, which primarily offer for sale products other than alcoholic
beverages. Retail stores, including grocery and convenience stores, and gasoline
uses, which
either as permitted main or accessory
stations,
service/ filling
primarily offer for sale products other than alcoholic beverages may only make
sales of beer and wine in sealed containers for consumption off the premises
between the hours of 8: 00 a. m. and midnight on any day of the week.
3)
Alcoholic beverage
beverage
establishments.
establishments ( midnight
accessory
uses,
All
establishments
to 5: 00
a. m.),
licensed
as
alcoholic
either as permitted
main or
shall only offer alcoholic beverages for sale the or on- premises
within
consumption
the hours
of
8: 00
a. m.
and 5: 00 a. m.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments { midnight to 5: 00 a. m.), but not operating as dance
halls
or entertainment
however,
establishments,
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage
establishments
dance halls,
day; however,
( midnight
to 5: 00
a. m.),
or entertainment establishments,
alcoholic
beverages
may
not
and
also
operating
as
offered
for
sale
or
on-
premises consumption
of
5: 00
a. m.
8: 00
and
a. m.,
and
c.
beverage
alcoholic
establishments { midnight
kitchen facilities,
business
to 5: 00
close
shall
allow
not
and
establishments.
a. m.),
5: 00
at
patron
any
Other
alcoholic
beverage
a. m.
persons,
other
or
cafes.
by the City in
permitted
II
subdivision
the hours
of
2: 00
m.
82,
article
IV, division 5,
sidewalk cafes
chapter
accordance with
of
from the
may be granted
of
provisions of
2: 00
this
a. m.
8: 00
and
section
a. m.
No variances
For
grade
this
of
purposes
commercial
burners,
section,
ovens,
establishment.
Full
be
permitted
of
8: 00
a. m. and midnight,
Private
clubs.
be
use, shall
A Private
private clubs,
considered pursuant
to
subsection
beverages for sale or on- premises consumption if the private club, in accordance
6- 2( a), secures a license for the distribution or sale of any alcoholic
with section
from
beverages
department
of
the
division
business
and
of
beverages
alcoholic
professional
regulation
of
and
the
tobacco
state.
of
the
Hours of
Private
Sunday,
uses,
consumption
on any
day
of
to
of
8: 00
a. m.
and 5: 00 a. m.,
the
week,
2: 00
a. m.
and must provide for security in its premises by hiring private security guards or
tobacco
tennis,
by
complying
with
the
requirements of
or golf course facilities may admit members at any time for use of such
beverages
after
2: 00
a. m.
such private club is, the holder of an extra- hours license and complies with the
above requirements.
0-- -
0 - .'
9-
_,
If
establishments set
forth in
subsections (
3)
and (
5)
permitted
to remain open to serve alcoholic beverages for on- premises consumption until
5: 00
may continue to
1 ( New Year' s Day)
January
alcoholic
serve
a. m.
if
or,
January
beverages ( i)
1 is
on a
until
Sunday,
until
7: 00
a. m.
7: 00
on
a. m. on
Monday if the day that is observed as a national holiday for New Year's Day is on
Monday,
and (
ii)
until
7: 00
a. m.
following
approval
by
the
commission,
city
under
the
following
conditions:
a.
The police department and the code compliance division department of the
city must be notified by a letter, received no later than 15 business days prior
to
either ( a)
extended,
January
or (
b)
by
the
police
chief,
There are no pending City Code violations against the alcoholic beverage
establishment;
d.
e.
f.
g.
h.
i.
j.
Any other conditions required by the city manager in order to protect the
public`health, safety, or welfare.
Alcoholic beverage
establishments set
forth in
subsections (
3)
and (
5)
permitted
to remain open to serve alcoholic beverages for on- premises consumption until
5: 00
a. m.
may
continue
to
serve alcoholic
beverages
until
6: 00
a. m.
on the first
8} al The city manager may suspend the provisions of subsection {7}(6) at any time
to protect the public health, safety, or welfare.
Penalties and enforcement.
a.
The penalty for the first violation by a person or entity within a 12-
i.
be
a civil
fine
1, 000. 00;
of$
ii.
12- month
period shall
be
a civil
fine
of$
5, 000. 00;
The penalty for the third violation by a person or entity within a 12-
iii.
Upon
iv.
by
be
finding by the
a person or entity
may
city
initiate
a civil
fine
of$
special master
have
12- month
occurred within a
proceedings
to
revoke
the
the
period,
certificate
of
use,
v.
sidewalk
cafe
permittee
or more
enhanced
set
forth in
penalty shall
subsection (
be imposed, in
8)( a)
above,
for
i.
not
shall
preclude
law
other
enforcement
agencies
or regulatory
bodies from any action to assure compliance with this section and all
applicable
laws. If
as defined in section
a police officer)
finds
a violation of
this
section,
the code
the
and
violation, amount of
fine for
which
the
violator
is liable, instructions
after service
the
violation
of
within
the
notice
of violation,
d.
Rights
of violators; payment of
A violator who has been served with a notice of violation must elect
to either
appeal
within
ii.
the
notice of violation,
approved
iii.
request an administrative
special
master
may
be
informed of such failure by report from the officer. The failure of the
named
violator
to
appeal
the decision
of
the
but
shall
not
be
deemed
purposes.
enforcement
to
On
be
or
court
after
the
judgment
sixty- first
except for
( 61st)
day
following the
vi.
hearing
within
notice of violation.
vii.
The special master shall not have discretion to alter the penalties
prescribed
in
8)( b).
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or
re- lettered
to
accomplish such
intention,
and,
the
SECTION 3. REPEALER.
SECTION 4. SEVERABILITY.
If any
section,
subsection,
or
clause
of
provision
PASSED
and
20 day
ADOPTED this
MQ
of
2015.
i
ATTEST:
ommutt'
Lg
Rafael E. Granado,
Sponsored
Sponsored
First
by
by
City
Mayor
N\.
F,
P'
7t,
Levin;/
Clerk
a " r
Philip L= ill
Commissioner ; icha.
Reading:
Second Reading:
g
May 6, 20 r%
II C
MayY 20,
of
TM A,..
20v1
rp
APPROVED AS TO
FORM AND LANGUAGE
00;
_
City Attorney
Date
F:\A TTO\ KALN\ ORDINANCESWlcohol\Alcoholic Beverages Hours of Sale Sidewalk Cafes 2AM as amended. docx
8
c- 14( 5
NNW
um= ams
mm
1915 2015
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
COMMISSION MEMORANDUM
To:
From:
Philip Levine
Members of the City Commission
Mayor
Raul J. Aguil
Q_
City Attorne
Subject:
AND
AND
CAFES
AT
CONSUMPTION
2: 00
A. M.,
ENFORCED
PURSUANT
PROVIDING
FOR
OF
ALCOHOLIC
AND
PROVIDE
THAT
TO
SECTION
6- 3( 8)
REPEALER,
BEVERAGES
SECTION
OF
SEVERABILITY,
THE
AT
CITY
SIDEWALK
SHALL
82- 388
CODE;
CODIFICATION,
BE
AND
AND
AN
EFFECTIVE DATE.
Introduction
Pursuant to the
request of
Mayor
consideration by the City Commission. The first Ordinance amends Chapter 6 of the City Code,
entitled " Alcoholic
Beverages," Article
I,
Section 6- 3 thereof,
entitled "
Hours
of
Sale," to
terminate the sale and consumption of alcoholic beverages at sidewalk cafes at 2: 00 a. m.,
prohibit the granting of variances from the provisions of Section 6- 3( 3)( d), and provide penalties
for violations of Section 6- 3.
Agenda Item
Date
RSA
5-26-' 5"
The
second
Ordinance
amends
thereof, to reflect that alcoholic beverages shall not be offered for sale or consumption at
alcoholic
any place licensed to sell alcoholic beverages between the hours of midnight and 7: 00 a. m.,
unless a municipality elects to establish its own regulations for the time for sale of alcoholic or
intoxicating beverages. Section 562. 14, Florida Statutes, clearly indicates that the State shall
not be responsible for the enforcement of the hours of sale established by municipal ordinance.
In Wednesday Night, Inc. v. City of Fort Lauderdale, 272 So. 2d 502 ( Fla. 1972), the Florida
upheld Section 562. 14, Florida Statutes, holding that the statute, which relates
Supreme Court
to
and county regulations of the time for sale of alcoholic and intoxicating
municipal,
state,
beverages ( 1) does not contravene Federal and State constitutional guarantees of due process
and equal protection of
the legislature;
3)
Florida Courts have held that a municipality exercising its inherent powers may reasonably
the sale of intoxicating liquors and, in providing such reasonable regulations, may
regulate
1936).
1)
liquors
State
ex rel.
Floyd
v.
Furthermore, the Florida Attorney General has opined that a municipality may regulate
the hours
of sale, (
2) zoning
of
locations in
which alcoholic
beverages may be
sold, and (
3)
the sanitary conditions under which alcoholic beverages may be dispensed or served to the
public. Op. Att' y Gen. Fla., 059- 73 ( 1959).
Based
upon
beverages
the
foregoing, it is clear that a City may regulate the hours of sale of alcoholic
cafes, provided the regulations are not exercised in an arbitrary or
at
sidewalk
discriminatory
manner,
reference
to the
subject
regulating the sale of alcoholic beverages, the City may create regulations that establish
separate zones and the Courts do not require that regulation of hours be uniform throughout the
jurisdictional limits. Id.
provided
for in
The Florida Attorney General has opined that different hours may be
and morals of
the community.
To be
clear,
business is
Op. Att' y
neither
there is
reasonable relation
entitled
to "
grandfathered"
enforcement of an ordinance
v.
upheld
City
v.
of
S&
Hialeah Gardens, 353 So. 2d 861 ( Fla. 3d DCA 1977). Further, the courts
municipal
ordinances
against
claims
for
injunctive
the
time
at
which
alcoholic
beverages
relief
against
be
municipal
because
may
regulating
have the statutory authority to set times for sale of alcoholic beverages. Id.;
Playpen S., Inc. v. City of Oakland Park, 396 So. 2d 830 ( Fla. 4th DCA 1981). Lastly, Florida
ordinances
sold,
municipalities
right.
S. Daytona Rests.,
Inc. v. City
Section
6- 3
Beverages,"
first
consumption of alcoholic
a. m.
Section 6- 3( 3)( d)
beverages
at sidewalk cafes
of
2: 00
a. m.
and 8: 00
also prohibits the grant of any variances that would allow a sidewalk cafe
permittee to offer alcoholic beverages for sale or consumption between the hours of 2: 00 a. m.
and 8: 00 a. m.
The first Ordinance also amends Section 6- 3 to provide enforcement and penalty provisions for
violations
of
any
first
provision
of
12- month period, $ 5, 000 for a second offense within a 1210, 000 for a third offense within a 12- month period. A fourth or subsequent
offense within a 12- month period would result in a revocation of the violator's certificate of use,
1, 000 for
offense within a
business tax
receipt,
or certificate
of
occupancy. Upon
fourth
or
subsequent
offense,
the
violator would be prohibited from applying for and obtaining a new sidewalk cafe permit for a
period of two permit years following the permit year in which the sidewalk cafe permittee
incurred the violations. Due to the public safety implications of the sale and consumption of
alcoholic
beverages
2: 00
a. m.,
A citation under Section 6- 3 may be appealed to the City' s Special Master within 10 days of
service
of
the
notice
constitute a waiver of
violation.
of violation.
the
violator' s right
The special master shall not hear the merits of a notice of violation or consider the
timeliness of a request for appeal if a violator fails to request a hearing within ten days of the
service of the notice of violation. Additionally, the special master shall not be authorized to alter
the penalties prescribed in Section 6- 3( 8).
City'
at
Article IV, Division 5 ( the " Sidewalk Cafe Ordinance") sets forth regulations for
cafes.
The second attached Ordinance amends the Sidewalk Cafe
sidewalk
Ordinance by creating Section 82- 388, to reflect that alcoholic beverages shall not be offered for
sale or consumption at sidewalk cafes
of
2: 00
a. m. and
8: 00
a. m.
The sale
or consumption of alcoholic beverages in violation of Section 82- 388 shall be enforced pursuant
to Section 6- 3( 8),
Fiscal Impact
The Ordinances
on
the
City' s
resources.
ORDINANCE NO.
BE ENFORCED
CODE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
SHALL
WHEREAS,
sidewalk
cafes)
in
there
continues
certain
areas
of
to
exist
the
City
the
of
need
for
outdoor
eating
establishments
WHEREAS, the presence of sidewalk cafes may thus impede the free and safe flow of
pedestrian traffic; and
visitors
WHEREAS, in order to facilitate and ensure a safe environment for residents and
at sidewalk cafes, which are located on public rights- of-way, there is a need for
regulations and standards for the existence and operation of sidewalk cafes, including a need to
regulate the hours during which sidewalk cafes may offer alcoholic beverages for sale or
consumption; and
WHEREAS, the City has established permit conditions and safety standards for sidewalk
cafes in
order
to
protect
and
promote
the
general
health, safety,
of
the
City,
and
it
serves
welfare of the City' s residents and visitors, to require that sidewalk cafes, which are located on
public rights- of-way,
because the sale and consumption of alcoholic beverages at sidewalk cafes can disturb the
quiet enjoyment of the community, cause undesirable noise, result in physical disputes amongst
patrons and passers- by, and contribute to litter, noxious odors, and the general degradation of
the City; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified
above.
of
the Cit y
Subdivision II,
of
of
fal Alcoholic beverages shall not be offered for sale or consumption at sidewalk cafes
between the hours
sidewalk
cafes
of
2: 00
a. m.
1: 30
a. m. and
of
2: 00
8: 00
a. m.
a. m.,
8: 00
and
a. m.
violation
of
this
section
shall
be
enforced
penalties
and
shall
be
imposed
in
6- 3( 8) of this Code.
SECTION 2. CODIFICATION.
It is the intention
of
the Mayor
and
City Commission
of
the
City
of
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code
of
the
re- lettered
City
to
of
Miami Beach,
accomplish such
intention,
SECTION 3. REPEALER.
All
in
conflict
herewith
are
hereby
repealed.
SECTION 4. SEVERABILITY.
If any
section,
subsection,
clause
of
or provision
PASSED
and
20 day
ADOPTED this
of
MQ
2015.
ATTEST:
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5 _fS 1*&
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First
by
Commissi
Reading:
Reading:
Second
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Philip
Le
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City
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cha.
57
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May 20, 2015 -`"
APPROVED AS TO
FORM AND LANGUAGE
AND FOR EXECUTION
4tP& Or-,\-ltorney
as amended. docx
5 \ v.
Date
34NE.
NE .
City
Commissioners of the
City
of
5: 15 p. m., or
An Ordinance
Amending Chapter
General;' Section
The Sale And Consumption Of Alcoholic Beverages At Sidewalk Cafes
At 2: 00 a. m., Prohibit The Granting Of Variances From The Provisions
Of Section 6- 3( 3)( d), And Provide For Penalties; And Providing For
Repealer, Severability, Codification, And An Effective Date. Inquiries
The Code OfThe City Of Miami Beach, Florida, By Amending Article IV,
Entitled " Uses In Public Rights- Of-Way,` Division 5, Entitled" Sidewalk
Cafes"
INTERESTED PARTIES
Drive, 1St Floor, City Hall, Miami Beach, Florida 33139.These items are 7
available for public inspection during normal business hours in the
City Clerk' s Office, 1700 Convention Center Drive, 1" Floor, City Hall,
Miami Beach, Florida 33139: This meeting, or any item herein, may be
continued, and under such circumstances, additional legal notice need
not be provided.
Pursuant to Section 286. 0105, Fla. Stat., the City hereby advises the. i
public that if a person decides to appeal any decision made by the
2015- 3953
ORDINANCE NO.
CODE
FROM
TAKE
BEVERAGE
ANY
PREMISES
THE
CONTAINER OF ALCOHOLIC
OPENED
ALCOHOLIC
OR
UNSEALED
OPEN
ANY
OR
CONTAINER
EFFECTIVE
DATE.
WHEREAS,
the
containers of alcoholic
disturbs the
consumption,
unauthorized
beverages in
quiet enjoyment of
service,
the community,
the
sale,
City
and
of
causes undesirable
possession
of
open
City")
and contributes to
litter, noxious odors, and the general degradation of the City; and
WHEREAS, Section 70- 87
of
the
City
Code
prohibits
the
consumption,
service,
sale,
and possession of open containers of alcoholic beverages on or in public places within the City,
except in those areas as designated and approved for such use by the City Manager or the City
Commission; requires that the owner or operator of any package store or foodstore selling
regarding the
beverages
prominently
post
warning
sign
any alcoholic beverage establishment to knowingly allow any person to take from the licensed
premises
any
opened
beer,
wine,
liquor,
or other alcoholic
beer,
beverage
wine,
beverage; and
WHEREAS, it is in the best interest of the City, and it serves the health, safety, and
welfare of the City' s residents and visitors, to increase ( 1) the criminal penalties against persons
who consume, serve, sell,
public
place; (
2)
selling alcoholic beverages who fail to post a warning sign regarding the City's open container
regulations;
and (
3) the civil fines against alcoholic beverage establishments that allow any
person
beverage;
and
WHEREAS,
Department
Compliance
will
protect
the
health, safety,
welfare,
WHEREAS,
objectives.
That Division 3 of Article II of Chapter 70 of the Code of the City Miami Beach is
hereby amended as follows:
SECTION 1.
CHAPTER 70
MISCELLANEOUS OFFENSES
Violations.
1)
It
shall
be
unlawful
for any
person
to
consume,
serve,
sell,
or
possess
an
open
container of any alcoholic beverage on or in any public place within the city except in
e-
a.
'-' -- _ -- _ - .' :
Sidewalk sidewalk cafes having a valid city sidewalk cafe permit, during the hours
at which alcoholic beverages may be consumed at sidewalk cafes pursuant to
chapter 6 of this Code;
b.
Public public property leased from the city by a private entity and licensed by the
city for such user; and
c.
Areas areas temporarily designated for such use by the city by the issuance of a
valid special event permit.
2)
The owner or operator of any package store or foodstore selling alcoholic beverages
shall
prominently
customer
post,
with contrasting letters at least one-half inch tall, stating the following:
IT
UNLAWFUL
IS
FOR
ARE
VIOLATORS
CITY.
THE
BY
PURPOSE
SUBJECT
TO
CRIMINAL PROSECUTION.
Failure to post this sign shall be deemed a violation of this section. This sign shall be
exempt from permit requirements of Chapter 138 of this Code.
It
3)
be
shall
beverage
unlawful
for any
operator,
owner,
licensed to
sell,
serve or dispense
to knowingly allow
any
person
event
permit area,
- === =_=== ,
any
las is
-- _
=_ _=
__= _ =_
-_ ='== =--
mixture
or other o. en or unsealed
beverage.
b)
Penalties for
1)
Any
be
not
person
punished
to
by
exceed
for
conviction
by
punished
1).
imposition
of a
a-0 30 days,
of
violation
imposition
or
fine
not
both, for
fine
not
first
( a)(
subsection
of a
exceed $ 50700
to
a
to
$ 250. 00
else violation.
1)
of
exceed $
this
section,
or by imprisonment
Upon any subsequent
such
person
shall be
or by imprisonment
violations
as
c)
Penalties for
1.
in
provided
chapter
30
-The followin
a)( 2) and ( a)( 3):
of
e.
2)
this
e .
e-
and ( a)(
Code.
Any
code
_.. .. -
inspector
e-_
who
has
e '-
3).
a.
1, 000. 00;
month period:
b.
9. 90 _
e - -
e- ---- '-- - -
TIste=penalty=for=the=6060144SeCorIC
violation
within
2, 000. 00;
c.
12- month
period_ shall=be=a=eiv414iFte=of$
3, 000. 00;
d.
2.
enhanced
Upon
a.
finding by the
5, 000. 00.
period_
penalty
shall
( c)(
subsection
1)
be imposed, in addition
that four ( 4)
special master
for violations of
above,
or more violations by
a person or entity have occurred within a 12- month period, the special
master
shall
the
revoke
or
suspend
certificate
of use,
business tax
Enforcement. The
department
code compliance
shall
2)
bodies from any action to assure compliance with this section and all applicable
laws. If
issue
finds
officer)
police
a violation
of
this
defined in
section,
notice shall
the
which
violation
inform the
is liable, instructions
violator
be
may
the
by
appealed
nature of
and
requesting
The
amount of fine for
due date for paying the fine, that the
section
an
the
-=- -_-_=_-.
violation,
hearing before a
administrative
after service of
the
and that
notice of violation,
the failure to
4.
Rights
appeal
the
violation within
of violators; payment of
fine;
ten ( 10)
A violator who has been served with a notice of violation must elect to
either
i.
pay the
civil
fine in the
manner
indicated
on
the
notice
of
violation. or
ii.
appeal
the
notice of violation,
The
- _-____ - _: -:-===_==-.= _ -,
-_
failure to pay the civil fine, or Ws to timely request an administrative
- -=-_
__- _
=,
before
the
special
master,
and
shall
be
treated
as
an
admission
the
of
for
violation,
which
fines
and
penalties
shall
be
assessed accordingly.
d.
public records,
lien which remains unpaid, the City may foreclose or otherwise execute
upon the lien, for the amount of the lien plus accrued interest
e.
The special master shall be prohibited from hearing the merits of the
administrative
administrative
hearing
within
of violation.
f.
The special master shall not have discretion to alter the penalties
prescribed
An
art
in
a
subsection ( c)(
rieved
1)
or ( c)( 2).
decision
of a special mas er ma
peal
ha
REPEALER.
SECTION 2.
SECTION 3. SEVERABILITY.
If any
section,
subsection,
clause
or
provision
of
SECTION 4. CODIFICATION.
It is the intention
of
the Mayor
and
City
Commission
of
the
City
of
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code
of
the
relettered
City
of
i Ordinance
This
shall
take
effect on
ag
the
day
da
day
NI
of
2015.
2015.
of
ATTEST:
2_,,,/ '
I
i.e.
7,
R- -
el
E.
Sponsored
ra
ad',
l`
c :
Ci '
underline
denotes
ORFAED.
7,4
.."/
afth''
denotes deletions
0
g
Ate
%-
additions
% .
44/-
i,
additions
ne,
gz:
Mi 0 a 1 9jD
denotes deletions
Double
skw'
J.
Clerk
Co
by Commissioner
Underline denotes
eh
I .'
'_
.."
eading
afte
s"
.
Second Reading). docx
APPROVED AS TO
FORM& LANGUAGE
FOR EXECUTION
4_,051,.
Cfty Attorney