61 ORDINANCE NO. ______ _
2
3 An Ordinance of the City Commission of the City of South Miami, amending
4 Section 4-2(a) of the City Code adding drugstores, convenience stores and
5 service stations as listed uses in the table of distance requirements regarding
6 alcohol sale.
7
8 WHEREAS, the Code of Ordinances currently does not provide for the sale of beer and
9 wine in drugstores, convenience stores and service stations; and
10 WHEREAS, the sale of beer and wine for off-premise consumption is a customary use in
11 a drugstore, convenience stores and service stations; and
12 WHEREAS, the City Commission is desirous of providing assistance to the commercial
13 areas of the City while mitigating adverse impacts, where possible, to surrounding properties.
14 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
15 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
16 Section 1. Section 4-2(a)(4) of the City of South Miami Code of Ordinances IS
17 hereby amended to read as follows:
18 Section 4-2 -Distance Requirements; nonconforming use; certificate of
19 occupancy.
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
(a) Distance requirements.
(1) Distance from a church, school, or residential property shall
be measured by following a straight horizontal line from the
nearest point of the property line of the property on which the
proposed licensed establishment is to be located to the nearest
point of the property line of a church, school or residential
property.
(2) In all other cases, distance shall be measured by following
a straight horizontal line from the nearest point of the perimeter
wall of the proposed establishment to the nearest point of the
perimeter wall of the existing establishment.
(3) No premises shall be used for the sale of alcoholic
beverages where the proposed licensed establishment is located
less than the distance in feet from another use as indicated in the
following chart:
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.. . .... / •........
...... .•.. ...... ... . .. .. . '. Bars! . ··.Grocery
;< ~estallrants, .•••.... ·]otinges . .Nlg":~dtll:1/ ., ~tore .•
Restaurants 500 500
Bar/lounge 500 500
Nightclub 500 500
Grocery store 500 o
Supermarkets 500 o
Package stores 500 500
Gift baskets o o
Nonconforming uses o o
Drugstores o o
Convenience Stores 500 o
Service Stations o o
*The spacing between residential properties and restaurants,
bar/lounge and nightclub does not apply within the Hometown
District, as well as adjacent residential property outside of the
Hometown District.
(4) Exceptions from the aforementioned distance requirements
from residential. Premises located in zoning districts which permit
restaurants and which are located along Bird Road, Red Road, and
u.s. 1 (South Dixie Highway) may serve non-distilled alcoholic
beverages such as wine and beer, but no beverage containing
distilled spirits, as part of an approved restaurant use provided:
a) no bar is provided, b) food is served in conjunction with beer
and wine within or upon the premises at approved seating only,
c) the sale of wine and beer is less than half the total monthly sales,
d) wine and beer are not removed from the premises, e) a
permanent, opaque buffer is provided between the premises and
any and all adjoining properties which are zoned residential, and
f) for restaurants licensed after December 17, 2013, wine and beer
shall only be served between the hours of 11 :30 a.m. and
midnight. Distance requirements from churches and schools shall
be observed for all properties along Bird Road, Red Road, and
u.s. 1 (South Dixie Highway). The restaurant shall provide the
city with the restaurant's records of its sales of food and beverages
upon demand of the city manager, or his designee, or of a city code
enforcement employee.
(5) The restricted distances, listed in the subsection 4-2(a)(3)
schedule, between premises that sell wine and beer and another
land use that is protected, shall not apply if the protected class of
1 land use, listed in the schedule, is located in a municipality other
2 than the City of South Miami and provided that the ordinances of
3 the adjacent, applicable municipality would not be violated if the
4 location of the and uses in question were reversed, i.e., the church
5 were located in South Miami and the proposed store or restaurant
6 selling wine and beer were located in Coral Gables.
7 Section 2. Codification. The provisions of this ordinance shall become and be made
8 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
9 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
10 "ordinance" may be changed to "section" or other appropriate word.
11 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance
12 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
13 holding shall not affect the validity of the remaining portions of this ordinance.
14 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
15 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
16 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
17 that give the appearance of being in conflict when the two ordinances can be harmonized or
18 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
19 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
20 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
21 to harmonize the two ordinances shall be repealed.
22
PASSED AND ENACTED this _ day of ____ , 2014.
ATTEST:
CITY CLERK
1 st Reading -
2nd Reading -
3rd Reading-
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: