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1 ORDINANCE NO. _____ _
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3 An Ordinance amending subsection 4-2(a) the City Code changing distance
4 requirements regarding alcohol sale and service.
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6 WHEREAS, the Code of Ordinances currently does not allow for the sale and service of
7 beer and wine by restaurants that are adjacent to churches, schools and residential properties,
8 other than as specifically exempted under Section 4-2(a)(4); and
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10 WHEREAS, certain commercial establishments along SW 57 Avenue (Red Road) have
11 requested consideration for beer and wine licenses in conjunction with approved restaurant uses;
12 and
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14 WHEREAS, there are currently businesses along SW 57 Avenue (Red Road) that have
15 active liquor licenses, that are adjacent to both religious institutions and residential properties in
16 adjacent municipalities; and
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18 WHEREAS, the City Commission is desirous of providing assistance to the commercial
19 areas of the City while mitigating adverse impacts, where possible, to surrounding properties.
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21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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24 Section 1. Section 4-2(a)( 4) of the City of South Code of Ordinances is hereby amended
25 to read as follows:
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27 Section 4-2 -Distance Requirements; nonconforming use; certificate of occupancy
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29 (a) Distance requirements
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31 * * *
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33 (4) Exceptions from the aforementioned distance requirements from residential. Premises
34 located in zoning districts which permit restaurants and which are located along Bird
35 Road, Red Road, and U.S. 1 (South Dixie Highway) may serve wine and beer as part of
36 an approved restaurant use where no bar is provided, where food is served in
37 conjunction with alcoholic beverages within or upon the premises at approved seating
38 only, and where a permanent, opaque buffer is provided between the premises and any
39 and all adjoining properties which are zoned residential. Distance requirements from
40 churches and schools shall be observed for all properties along Bird Road, Red Road,
41 and U.S. 1 (South Dixie Highway).
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43 ill The restricted distances, listed in the Section 4-2(3) schedule, between a premises that
44 sells alcoholic beverages and another land use that is protected shall not apply if the
45 protected class of land use, listed in the schedule, is located in a municipality other
46 than the City of South Miami and provided that the ordinances of the adjacent,
47 applicable municipality would not be violated if the locations of the land uses were
48 reversed.
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Section 2. Codification. The provisions of this ordinance shall become and be made part
of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
that give the appearance of being in conflict when the two ordinances can be harmonized or
when only a portion of the ordinance in conflict needs to be repealed to harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
PASSED AND ENACTED this ___ day of _________ , 2013.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
CITY ATTORNEY