Ord. No. 02-01-1733ORDINANCE NO.2-01-1733
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA AMENDING SECTION 15-74
(PROHIBITION OF DRINKING ALCOHOLIC BEVERAGES IN PUBLIC
PLACES AND CERTAIN PRIVATE PLACES)TO ALLOW PROPERLY
LICENSED AND PERMITTED BUSINESSES WITH APPROVED
OUTDOOR SEATING TO SERVE ALCOHOLIC BEVERAGES;
PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND
AN EFFECTIVE DATE.
WHEREAS,theCity of SouthMiamiwishestosupportbusinessesinallareas of theCity
to be successful;and
WHEREAS,under current ordinanceno alcoholic beverage maybe served or consumed
inapublicplace;and
WHEREAS,several restaurants andother establishments have approved outdoor seating;
and
NOW,THEREFORE,BEITORDAINEDBYTHE MAYOR ANDCITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Section 15-74 of the Code of Ordinances of the City of South Miami is
amended to read:
Section 15-74 Prohibition of drinking alcoholic beverages in public places and
certain private places.
Itshallbeunlawfulforanypersontodrinkalcoholicbeveragesinanypublicplaceinthe
CityofSouthMiami,Florida,oruponthe grounds ofanyprivate premises withinthecity
without the consent of theowner,tenant,orotherperson lawfully in possession of such private
premises.Itshallbe unlawful forany person to drink alcoholic beverages inoruponany
automobile,truck,motorcycleorothervehiclewhilesaidvehicleisparkeduponanypublicplace
oruponthe grounds ofanyprivate premises without theconsentoftheowner,tenant,orother
personin lawful possession ofsuch private premises.Theterm"publicplace"asused herein
shallmeanstreets,sidewalks,parkways,parks playgrounds,schoolbuildings,schoolyards,
motorvehicleinspectionstations,cityhall,libraries,andanyotherpropertyownedorinthe
possession of theCity of SouthMiami,oranyotherstate,county,oranyothergovernmental
agency,andwhichpropertyisusedorintendedforusebycityorgovernmentalemployeesorby
members of thegeneralpublic.However,exemptfromtheprovisions of thisordinanceareduly
establishedandlicensedbusinesseswithapprovedoutdoorseatingwhenengagedinthesale of
alcoholicbeveragesforconsumptionsolelyattheapprovedoutdoorseatinglocation.
Page 2 of Ord.No.2-01-1733
Section2.Ifanysection,clause,sentenceorphrase of thisordinanceisfor
any reason held invalid or unconstitutional by a court of competent jurisdiction,the holding shall
notaffectthevalidity of theremainingportions of thisordinance.
Section 3.Allordinancesorparts of ordinances inconflictwiththe
provisions of thisordinanceare repealed.
hereof.
Section 4.This ordinance shallbe effective immediately after the adoption
PASSEDANDADOPTEDthis _16tlday of January ,2000.
ATTEST:
a 6-^ll£a\A=L^
CITY CLERK
1st Reading 12/19/00
2nd Reading-1/16/01
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
#^f jf/X-7^
APPROVED:
<=^^^'
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
v'i/C&i^
5-0
Yea
Yea
Yea
Yea
Yea
Excellence,Integrity,Inclusion
MEMORANDUM
To:Honorable Mayor,Vice Mayor Date:I -.-.dram ua'ty'*12,2001
andCity Commission
From:Charles Scurr ///II t\(/^ri Re:Agenda Item
City Manager/y^jfj0 Alcoholic Beverages
January 16,2001 Commission Meeting
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA AMENDING SECTION 15-74 (PROHIBITION OF
DRINKING ALCOHOLIC BEVERAGES IN PUBLIC PLACES AND CERTAIN
PRIVATE PLACES)TO ALLOW PROPERLY LICENSED AND PERMITTED
BUSINESSES WITH APPROVED OUTDOOR SEATING TO SERVE ALCOHOLIC
BEVERAGES;PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
TheCity periodically reviews municipal ordinances toensure that they continue tobeuptodate
andrelevant.The purpose of theamendmenttothisordinanceistoclarifyandbringuptodate
the consumption of alcoholicbeveragesatproperlylicensed restaurants withCityapprovedand
permitted outdoor dining.
The current ordinance was enacted priortothe emergence of outdoor dining.Itneedstobe
updatedto specifically allowtheconsumption of alcoholic beverages at properly licensedand
permitted establishments.Theadditionallanguageaddedtothe ordinance accomplishes this.
RECOMMENDATION
Approval is recommended.