Ord. No. 17-87-1289-AORDINANCE NO.17-87-1289-A
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI AMENDING ORDINANCE
17-87-1289 RELATING TO THE SALE OF ALCOHOLIC
BEVERAGES BY AMENDING SECTIONS 4-2,and 4-6
OF CHAPTER 4,ALCOHOLIC BEVERAGES,OF THE
CODE OF ORDINANCES,BY ESTABLISHING NEW
DISTANCE REQUIREMENTS REGARDING LICENSED
BUSINESSES,PROVIDING A DEFINITIONAL SECTION
FOR ALCOHOLIC BEVERAGES;PROVIDING SEVERA
BILITY;PROVIDING FOR INCLUSION INTO THE CITY
JCODE,REPEALING ALL ORDINANCES OR PARTS OF
'ORDINANCES IN CONFLICT AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City has established,pursuant to Chapter
4of the Code of Ordinances of the City of South Miami,rules and
regulations regarding thesaleof alcoholic beverages within the
City;and
WHEREAS,the Mayor and City Commission wish to amend
specific sections of such Chapter in order to establish distance
requirements between licensed establishments,and to define
Alcoholic Beverages served in permitted establishments.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Section 4-2,Proximity to Schools,
Churches;Non-conforming uses;certificates of occupancy is
hereby amended as follows:
Sec.4.2 Proximity to Schools,Churches,Other
Licensed Establishments,Residential Pro
perty;Non-conforming Uses;Certificates of
Occupancy.
(a)(1)Distance from church or school.No
premises shall be used for the sale of
alcoholic beverages tobe consumed onor off
the premises wherethe structure orplaceof
business intended for such use is located
less than five hundred (500)feet from a
church or public school.The five hundred
(500)foot distance requirement shallbe
measured and computed as follows:
(1)From a church,the distance shall be
measured by following a straight line
fromthenearestpointoftheperimeter
ofthepropertyboundaryoftheproposed
placeofbusinesstothenearestpoint
of the church grounds.
(2)From a public school,the distance shall
bemeasuredby following a straight line
fromthenearestpointof the perimeter
ofthe property boundary ofthe proposed
placeof business tothe nearest point
of the school grounds.
(a)(2)Distance from Other Licensed
Establishments.No premises shall be used
for the sale of any alcoholic beverages to be
consumed on or off the premises where the
structure or place of business intended for
such use is located less than one thousand
(1,000)feetfrom a place of business having
an existing,unabandoned,legally established
alcoholic beverage use which permits
consumption on or off the premises.The
distance requirements shall be measured by
following a straight line from the nearest
point of the perimeter of the property
boundary of the proposed place of business to
the nearest point of the structure of the
other established use.
(a)(3)Distance from Residential Property.
No alcoholic beverage establishment may be
located within one thousand (1,000)feet of
anyresidentialpropertywithinthe RS-i,
RS-2,RS-3,RS-4,RB-6,RB-6T,RM-18,or
RM-24 districts.Such distance shall be
measured by a straight line from the nearest
point of the perimeter of the property
boundary of the proposed place of business to
the nearest point of the residential
property.
Section 2.Section 4-6,Definitions of Establishments,
Hours of Operation,is amended as follows:
Sec.4-6.Definitions of Establishments;Hours of
Operation;Definition of Alcoholic Beverages.
1.Definitions:
(a)Bars and Lounges:Commercial establishments
devoted primarily to the sale of alcoholic
beverages for consumption on the premises,
and where entertainment may be provided.
(b)Restaurants:Any building or structure or
portion thereof,which serves cooked,full
course meals daily prepared onthe premises,
and which contain service bars for
on-premises consumption only.
(c)Nightclubs:Anybuilding,room or rooms or
other places where the principal business
shall be to provide food,refreshments and
entertainment,and
(1)where accommodations for the services of
meals to at least two hundred (200)
persons is provided;and
(2)where a band,orchestra or some other
formofmusical entertainment,•comprd-yetl
-€>f--m>t--nKM?e--fehan--bhree—(-3-)—persons,is
provided fordancing;and
(3)wheresufficientspace,freefromtables
and chairs •or other obstructions is
provided to enable one hundred (100)
persons to dance.
2.Hours of operation;Definition of Alcoholic
Beverages
(a)It shall be unlawful for any person licensed
for the on premises sale of alcoholic
beverages to sell or offer for sale such
alcoholic beverages or to be open for
business,in the case of bars and lounges as
defined in (a)above,between the hours of
5.00 A.M.on any night and on week days after
said closing until 11.00 A.M.of the
following morning,and in the case of
restaurants and nightclubs as defined in (b)
and (c)above,between the hours of 5.00 A.M.
on any night and on week days after said
closing until 11.00 A.M.of the following
morning.On Sundays,all places of business
defined in either (a),(b)or (c)above shall
be~clused"~and-^strel^l"not sell or offer for
sale such beverages before 1:00 P.M.
(b)Alcoholic beverages as used herein and
throughout the City's Code of Ordinances
shall be defined as:distilled spirits and
all beverages containing one-half of 1
percent or more alcohol by volume.
Section 3.It is the intention of the City Commission
that the provisions of this ordinance shall become and be made
part of the South Miami City Code;and that the sections of this
and the amended ordinance may be renumbered or relettered and the
word "ordinance"may be changed to "section,""article"or such
other appropriate word or phrase in order to accomplish such
intentions.
Section 4.Ifanysection,clause,sentence or phrase
ofthis ordinance is held tobe invalid or unconstitutional by
any court of competent jurisdiction,then said holding shallin
no way affect the validity of the remaining portions ofthis
ordinance.
Section 5.All Ordinances or parts of Ordinances in
conflictherewith be,andthesame are,herebyrepealed.
Section 6.This Ordinance shall become effective
immediately upon itspassage.
.•I
PASSEDANDADOPTEDthis3rddayofNovember,1987
ATTEST.--:
CITYCLERK\J
READANDAPPROVEDASTOFORM:
K^
CITYATTORNEY~
PASSEDON1STREADING:10/20/87
PASSEDON2NDREADING:11/03/87
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