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1 ORDINANCE NO. _____ _
2
3 An Ordinance amending Section 4-2(a) of the City Code changing distance
4 requirements regarding alcohol sale and service
5
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
9
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.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
23
24 Section 1. Section 4-2( a)( 4) of the City of South Code of Ordinances is hereby amended
25 to read as follows:
26
27 Section 4-2 -Distance Requirements; nonconforming use; certificate of occupancy
28
29 (a) Distance requirements
30
31 * * *
32
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, where the sale of alcoholic beverage is not more than % of the amount of
39 food sales, where alcoholic beverage is not removed from the premises -and where a
40 permanent, opaque buffer is provided between the premises and any and all adjoining
41 properties which are zoned residential. Distance requirements from churches and
42 schools shall be observed for all properties along Bird Road, Red Road, and u.S. 1
43 (South Dixie Highway). The restaurant shall provide the City with the restaurant's
44 records of its sales of food and beverages upon demand of the City Manager, or his
45 designee, or of a City Code Enforcement employee.
46
47 ill The restricted distances, listed in the Section 4-2(3) schedule, between a premises that
48 sells alcoholic beverages and another land use that is protected shall not apply if the
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protected class of land use, listed in the schedule, is located in a municipality other
than the City of South Miami and provided that the ordinances of the adjacent,
applicable municipality would not be violated if the location of the land uses in
question were reversed, i.e., the church is located in South Miami and the proposed
liquor store is located in Coral Gables ..
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
MIAMI HERALD MiamiHerald.com SE
City of Coral Gables
Public Invited To
Trolley Master Plan Meeting
The City of Coral Gables is hosting a meeting
to discuss a proposed Trolley Master Plan.
Thursday, December 12, 2013
6:30 p.m. to 8:00 p.m.
Youth Center Theater
405 University Drive
The public is invited to attend.
Plans for possible improvements to the popular Trolley will be
discussed. The results of a recent Trolley survey will also be
presented. Currently, the Coral Gables Trolleys run along Ponce
de Leon Boulevard from the Douglas Road Metrorail Station
to Flagler Street. Trolleys pick up and drop off passengers at
55 stops weekdays from 6:30 a.m. to 8 p.m. and on Gallery
Night (first Friday of the month) until 1 0 p.m.
For additional information,
contact the Coral Gables Trolley at 305-460-5070
Mt::RCt::Dt::S t::.
H t::R NAN Dt::Z, P.A.
C.305.609.4602
MERCEDESHERNANDEZ@COMCAST.NET
WWW.MERCEDESHERNANDEZ.COM
ME FOR ALL YOUR REAL ESTATE NEEDS
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami,
Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled
for Tuesday, December 17, 2013, beginning at 7:00 p.m., in the City Commission
Chambers, 6130 Sunset Drive, to consider the following item(s):
An Ordinance of the City of South Miami, Florida confirming the abandonment of that alley
commonly known as 41" Street Bird Road Alley.
An Ordinance amending Section 20-2.3(B) entitled Applicability and Definitions, Section
20-4.3(1)(1) entitled RS-Single Family Residential Districts, Section 20-4.3(1)(2) entitled
RT-Townhouse Districts, and Section 20-4.10 entitled Garage Sale in order to increase the
amount of signage allowed for garage sales.
An Ordinance amending subsection 4-2(a) of the City Code changing distance reqUirement-:'\
regarding alcohol sale and service. J
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.01 05, the City hereby advises the public that if a person decides
to appeal any decision made by this Board, Agency or Commission with respect to any matter
considered at its meeting or hearing. he or she will need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF SOUTH MIAMI
NOTICE OF GENERAL AND SPECIAL ELECTION
NOTICE IS HEREBY GIVEN that a General and Special Election for the City of
South Miami for the Mayor for a two (2) year term, a Commissioner-Group I for a
four (4) year term, and a Commissioner-Group IV for a four (4) year term, together
with questions relating to amendments to the City's Charter, will be held on
Tuesday, February 11,2014 from 7:00 a.m. to 7:00 p.m., in the City Commission
Chambers, of the City of South Miami City Hall at 6130 Sunset Drive.
Qualifying period for this election begins Monday. January 6,2014 at
9:00 a.m., and ends Friday, January 10, 2014 at 5:00 p.m.
Registration ends at 5:00 p.m. sharp each day.
Inquiries can be made by calling the City Clerk's office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
City of South Miami
For further information regarding the proposed amendments to the City's Charter
you may visit our website at www.southmiamifl.gov Or, you may also visit the
Clerk's Office Monday-Friday, between 9:00 a.m. and 4:00 p.m. at 6130 Sunset
Drive, South Miami, FL 33143.
Date: 12/6/2013
County: MIA
Adnumber: 2195368
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of
the City of South Miami, Florida will conduct Public
Hearing(s) at its regular City Commission meeting
scheduled for Tuesday, December 17, 2013, beginning
at 7:00 p.m., in the City Commission Chambers, 6130
Sunset Drive, to consider the following item(s):
An Ordinance of the City of South Miami, Florida
confirming the abandonment of that alley commonly
known as 41st Street Bird Road Alley.
rAn Ordinance amending Section 20-2.3(B) entitl~d1
Applicability and Definitions, Section 20-4.3(1)(1)
entitled RS-Single Family Residential Districts,
Section 20-4.3(I)(2) entitled RT-Townhouse
Districts, and Section 20-4.10 entitled Garage Sale
in order to increase the amount of signage allowed
i for garage sales. ......)
~An Ordinance amending subsection 4-2(a) of the City
Code changing distance requirements regarding
alcohol sale and service.
ALL interested parties are invited to attend and
will be heard.
For further information, please contact the City
Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City
hereby advises the public that if a person decides
to appeal any decision made by this Board, Agency or
Commission with respect to any matter considered at
its meeting or hearing, he or she will need a record
of the proceedings, and that for such purpose,
affected person may need to ensure that a verbatim
record of the proceedings is made which record
includes the testimony and evidence upon which the
appeal is to be based.
12/6 13-3-S6/2195368M
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