61 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
17
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 provided: a) '.vhere no bar is provided, QL where food is
37 served in conjunction with alcoholic beverages within or upon the premises at approved
38 seating only, c) the sale of alcoholic beverage is not more than 40% of the total monthly
39 sales, d) alcoholic beverage is not removed from the premises, e) and where a
40 permanent, opaque buffer is provided between the premises and any and all adjoining
41 properties which are zoned residential, f) for restaurants licensed after December 17,
42 2013, alcoholic beverage shall only be served between the hours of 11 :30 a.m. to 12:00
43 a.m/midnight. Distance requirements from churches and schools shall be observed for
44 all properties along Bird Road, Red Road, and u.S. 1 (South Dixie Highway). The
45 restaurant shall provide the City with the restaurant's records of its sales of food and
46 beverages upon demand of the City Manager, or his designee, or of a City Code
47 Enforcement employee.
48 12-13-13
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2
ill The restricted distances, listed in the Section 4-2(3) schedule, between a premises that
sells alcoholic beverages and another land use that is protected shall not apply if the
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-lettered 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 __________ , 2014.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
3 rd 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 I MiamiHerald.com
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, FL33143.
SE SUNDAY, DECEMBER 22, 2013 I 2SSE ------
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, January 7, 2014 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset
Drive, to consider the following item(s):
An Ordinance amending Section 20-2.3(8) 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 requirements regardin~
alcohol sale and service. -)
An Ordinance of the City of South Miami amending the City's Land Development Code Section
20-3.3(0), Permitted Use Schedule and Section 20-7.12(8), Permitted Uses; to permit certain
additional uses within RS-5 and SR zoning districts, and to correct a scriveners error related to school
parking and special use conditions.
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.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
M. ZALDIVAR, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 1/7/2014
in the XXXX Court,
was published in said newspaper in the issues of
12/20/2013
Affiant further -.,,¥~ the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commi sion or refund for the purpose
of securing this adve' m t for publication in the said
newspaper.
(SEAL)
M. ZALDIVAR personally known to me
.. ,,~~~~I~::.?,~ B. THOMAS
f"~*~~Y% Notary Public -State of Florida s: ~.. ~* • ¥ My Comm. Expires Nov 2, 2017
-:.:,:~(.' . o",Z} Commission # FF 034747
Il,Or fl.. \\' B ,,",\1\ onded Through National Notary Assn.