Ordinance Alcoholic Beverage Amendment 12-17-13ORDINANCE NO. _______________ 1
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An Ordinance amending Section 4-2(a) of the City Code changing distance 3
requirements regarding alcohol sale and service 4
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WHEREAS, the Code of Ordinances currently does not allow for the sale and service of 6
beer and wine by restaurants that are adjacent to churches, schools and residential properties, 7
other than as specifically exempted under Section 4-2(a)(4); and 8
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WHEREAS, certain commercial establishments along SW 57 Avenue (Red Road) have 10
requested consideration for beer and wine licenses in conjunction with approved restaurant uses; 11
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WHEREAS, there are currently businesses along SW 57 Avenue (Red Road) that have 14
active liquor licenses, that are adjacent to both religious institutions and residential properties in 15
adjacent municipalities; and 16
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WHEREAS, the City Commission is desirous of providing assistance to the commercial 18
areas of the City while mitigating adverse impacts, where possible, to surrounding properties. 19
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 21
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 22
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Section 1. Section 4-2(a)(4) of the City of South Code of Ordinances is hereby amended 24
to read as follows: 25
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Section 4-2 – Distance Requirements; nonconforming use; certificate of occupancy 27
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(a) Distance requirements 29
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(4) Exceptions from the aforementioned distance requirements from residential. Premises 33
located in zoning districts which permit restaurants and which are located along Bird 34
Road, Red Road, and U.S. 1 (South Dixie Highway) may serve wine and beer as part of 35
an approved restaurant use provided: a) no bar is provided, b) food is served in 36
conjunction with alcoholic beverages within or upon the premises at approved seating 37
only, c) the sale of alcoholic beverage is not more than 40% of the total monthly sales, 38
d) alcoholic beverage is not removed from the premises, e) a permanent, opaque buffer 39
is provided between the premises and any and all adjoining properties which are zoned 40
residential, f) for restaurants licensed after December 17, 2013, alcoholic beverage shall 41
only be served between the hours of 11:30 a.m. to 12:00 a.m/midnight. Distance 42
requirements from churches and schools shall be observed for all properties along Bird 43
Road, Red Road,
12-13-13 47
and U.S. 1 (South Dixie Highway). The restaurant shall provide the 44
City with the restaurant’s records of its sales of food and beverages upon demand of the 45
City Manager, or his designee, or of a City Code Enforcement employee. 46
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(5) The restricted distances, listed in the Section 4-2(3) schedule, between a premises that 1
sells alcoholic beverages and another land use that is protected shall not apply if the 2
protected class of land use, listed in the schedule, is located in a municipality other 3
than the City of South Miami and provided that the ordinances of the adjacent, 4
applicable municipality would not be violated if the location of the land uses in 5
question were reversed, i.e., the church is located in South Miami and the proposed 6
liquor store is located in Coral Gables..
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Section 2. Codification. The provisions of this ordinance shall become and be made part 9
of the Code of Ordinances of the City of South Miami as amended; that the sections of this 10
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word 11
"ordinance" may be changed to "section" or other appropriate word. 12
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Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 14
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 15
shall not affect the validity of the remaining portions of this ordinance. 16
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Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 18
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 19
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 20
that give the appearance of being in conflict when the two ordinances can be harmonized or 21
when only a portion of the ordinance in conflict needs to be repealed to harmonize the 22
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby 23
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 24
to harmonize the two ordinances shall be repealed. 25
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PASSED AND ENACTED this ________ day of ________________________, 2014. 28
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ATTEST: APPROVED: 30
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________________________ ________________________ 32
CITY CLERK MAYOR 33
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1st Reading: 35
2nd Reading: 36
3rd Reading: 37
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READ AND APPROVED AS TO FORM: COMMISSION VOTE: 39
LANGUAGE, LEGALITY AND Mayor Stoddard: 40
EXECUTION THEREOF Vice Mayor Harris: 41
Commissioner Liebman: 42
Commissioner Welsh: 43
________________________ Commissioner Edmond: 44
CITY ATTORNEY 45