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Ord. No. 17-87-1289ORDINANCE NO.17-87-1289 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO THE SALE OF ALCOHOLIC BEVERAGES BY AMENDING SECTIONS 4-2,4-4 and 4-6 OF CHAPTER 4, ALCOHOLIC BEVERAGES,OF THE CODE OF ORDINANCES,BY ESTABLISHING NEW DISTANCE REQUIREMENTS REGARDING LICENSED BUSINESSES, DELETING DISTANCE,TRANSFER AND EXPANSION EXEMPTIONS;PROVIDING DEFINITIONAL SECTIONS . AND HOURS OF OPERATION FOR BARS,LOUNGES, RESTAURANTS AND NIGHTCLUBS;PROVIDING SEVERABILITY;PROVIDING FOR INCLUSION INTO THE CITY CODE,REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City has established,pursuant to Chapter 4 of the Code of Ordinances of the City of South Miami,rules and regulations regarding the sale of alcoholic beverages within the City;and WHEREAS,the Mayor and City Commission wish to amend specific sections ofsuch Chapter in order to establish distance requirements between licensed establishments,and to define and regulate the hours of operation of 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 shallbeusedforthesaleof alcoholic beverages tobe consumed onoroff the premises wherethestructureorplaceof business intended for such use is located less than five hundred (500)feet from a church or public school.Thefive hundred (500)foot distance requirement shall be measured and computed as follows: (1)From a church,the distance shall be measured by following a straight line from the nearest point of the perimeter of the property boundary of the proposed place ofbusinesstothe nearest point of the church grounds. (2)From a public school,the distance 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 school grounds. (a)(2)Distance from Other Licensed Establishments.No premises shall be used for the sale of any alcoholic beverages,as defined herein,to be consumed on the premises where the structure or place of business intended for such use is located less than one thousand (1,000)feet from a place of business having an existing, unabandoned,legally established alcoholic beverage use which permits consumption on 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 to any residential property within the RS-1, 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.That Sections 4-2 (d),(f)and (g)are hereby deleted in their entirety and replaced bythefollowing: 4d-).—Exceptions fco-spacing--a-n-d disfcaace gequiEemeRte-r The-—Eeefea?4efe±eHS and-—spaeing- a?equ±rements—set—for-feh—in—&ia&seefeton-—(-a-)—afeeve shall-nefe-apply: 41-)-—Ginfes-r -To-—non—-pr-of-it—par-i-v-at-e—eiufes whei=e-eH-ly—member-s—aro nerved—and-whese- thea?e-aa?e-ne-eigRS-e§-any-type-exfiifeited e^-displayeaV-ef-efehef-indieafeieHSr-feha% ean—be—ooon—€rem—the--ottt-s-i-de-—&£—the sfe£uefeua?e eonee-enedr/-that aieeheiie beve3?afes-a£e-teeiftg-sea?vedv 42}—Restaurants?¥e—dining—a?e ems—or—res taurants wh-ieh eemply with the requirements-ef-sueh-distriets-and-serve eeekedy fu±4 eourse meaisy daiiy prepared-en-the-premises--previding-that only-a-se j?viee-btur—i-s--ttsed--and—fche-s ale of-ti-leoholie--beverages-are -sold--only-to persens-seated-at-tabies-r 43}—Beer and wine for off-premises consumption?To-the—scribe—of—beer—and wine—as—a—greeery—i-bem—for--consumption off-the-premises? 44}—Night—-eittfos in-—eertain ho-trei-s and metelsr To—night—eiubsy—bars-—and eabarets-where-the-same-are-±©eated-in-a- heteir—mote-1-/—or—-apartment—-hotel—and under—the—same—roof ---which—cont-a-ins -at- ieast fifty-(-&0-)-gttest rooms or apartment—units-—under—the—-same—roof, provided—the—exterior—of—such—buiiding shall-net-have--store—fronts--or—give-the appearanee—of—eemmereial—or—mercantile activity—a-s—viewed—from--the—highways-.— In—the—event—the—use—contains—windows whieh-may-be-seen-frem-the-highwayr-said windows—shaii—-be—of fixed-,ebseure glass?—£3ueh--ni-ghtr-ei-u-b-,—bar--or—cabaret shall--be—entered—only—through—a—lobby- and—no—additional—entrance—shall—be permitted?—exeept—that—an—additional entranee-or-door-shall-be-permitted-when the-same-opens-into-a-eourtyard-or-patio •faway from street side-)-which is enetesed--an^-whieh—is—not—visible—from the-street-r—-ft—fire—door -or—exit—shall be-permittedT—provided--tha-b—bhe—same-is equipped—w-ith--"pani-e—-bype—hardware—and leeks—aitd-—is—-maintained—in—a—locked pesitien-exeept-in-emergeney. Tf }—gransfer-ef-neneenforming-ttser—ttpon-good-and justiciable—cause—proven—to—the—s-a-bi-s-fae-bion—of the—eeuneil7 a--legally—existing—nonconforming aieeheiie —beverage —use —may —be —tr an sferr ed—to aftetheE -Tieneeftforming—but—properly --zoned—site—in the -same-ge ner al -neighborhood-?--not--to--exceed--five hu-fteteed—f§•&&)-—feet—from—-the—oid-—si-be;upon app^evai -e f -the—appropriate—zoning -be-ar-d—af-ber—a pubtie-hearing. fg}Ex-pan-sion —of —nonconforming —use r begarty existarng-aleoholie-bever-age—uses--made—norrconform- i-ng-—by—re-asens—of —the—r egu-i-ation-s—estraforirshrug dis-banee --restriotions—between --amy—snch---uses—arrrd eh-u-rehea-or—sehools7-shaii—not--be-expanded unres*s and-until--sueh -expansion--shad-1--h-ave--been*-approved fey-—the—appropriate—-zoning—board—for—good—arrd j-u-s-t-i-f-irab-le-—eause after a—pufoiic lrt:aiiiiy . -BxpaR-aien-—as—used—nerein-7—shaii—rnciude—the* eftiar-gemen-t-—ef-—spaee—for—-such—-use and'—crse-s ifte-irdeR-t-al--theretoy —the—ex-tens-ion -of—a--beer—arret w-i-ne -ba-re -te-ineOr&de -intoxioat-ing--liquor*. 4-2 (d)Exceptions to spacing and distance requirements.The restrictions and spacing requirements set forth in subsections (a)(1), (a)(2)and (a)(3)above shall not apply to any permitted non-conforming use existing as of the effective date of this Ordinance. Section 3.That Section 4-4,Regulations for Premises, be and the same is hereby amended by deleting subsection (c): (•G-)Voea-1—-er—instrumentai—mu s ic7 —other —enLfcti.1- ta-i«men4r-.Ne —person-,—-firm—or —cuipuialiuii 3r-ioonood---under—-any—ordinance—of —bhe —exty sha-1-1—allew-er—permit—between—the—hours—of- 2-a-QO—A?M?—andr-•7-HH?—PrMr-in-b Lr umeirfcai—musicr singi-ng—©r—other—forms—of—entertainment—rir any—room-—where—beery—"wines-;riquurs—&r- a-loohoiie—beverages --are—srrrd--or-o-f-fBT*e"d—fur~ a ale-,—-or—in—any—room—or—uLliui—fcnru"luyure~ Gonneoted—direobty-or—indiiyuLry—thereto by or--through--any--s-bairway,—hartirway,—duurway,—ctt other--moans--of-i-ngre-ss--or-•egieb b.—NiyhLurtrtJTS", as--herein—defined--sh-a1-r-be -excepted-Exce^r- fcions—te—thi-s—seetion--may—foe—peiuirffgd—on feetivai ©eeasiorrs-;ttew"—Ytsai '"5 Ever 5t ootora>--by—notice—bo-Police-Departments—"Tttfc t-er-m—,^igh%e-lub»u—as—used—rrr-this—sTrireerrtlTm shai-1—be—defined—as—airy-bui±dingy—ro"onr_"o"r r-ooms—©r—other---pi-aces—where—bhe--piiinrrycfl" business—sh-aii—be -to—provide—food;—refresh ments-and-entertainmentS7 --and i-)where-accommodations-for-the-services-of meals bo atr—ieast 2-(H>-—per-sorrs*—is provided; •2-)Where—a--bandy —orchestra -or—some--other form of musicai entertainment is provided-for-dancing; •3-}Where sufficienL spacer,fi'w from tablesT —ch-airs--or—other—obbtiucLran-g -±"5- pro vi ded—bo—enable —one—hundred'—person's to-dance-r Section 4.That Section 4-6,Hours Prohibited,is hereby deleted in its entirety and replaced by the following: SecT—4~6t—Hours-prohibited. 4n}—Beverages—uunLdiiiiiiy—a±coho±T Tt—shatl—be unlawful-for-any-person-licensed-for-the-sale of--aicohoii-j bbivuiagub Lu-se±±—or—ufler-for sale-or—to—fag"open -for-bubinesb'—bgtrweerr -the hours—of—bwo-ftTMT-xm—any-n±ght-and"•air -week days—•after—-said—closing—until—yiyht--ATM1:of the—-foliowing—TnorTrrnrp——xnvie'S's—*"—f oliowing- morning—s-ha-t*!—-be—a—Sunday—iiiDTiriTrg "aTVCt-—on~" Sundays—aii--pi-aces—of—such—type—of—business shail-fae—closed--or-shall—mrt—seii—or—offer for—sa-i-e—such*-beverages—beluibs—one—PvW.—on said-Sundayst Sec.4-6.Definitions of Establishments;Hours of Operation. 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 on the premises, and which contain service bars for on-premises consumption only. (c)Nightclubs:Any building,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 form of musical entertainment,comprised of not more than three (3)persons,is provided for dancing;and (3)where sufficient space,free from tables and chairs or other obstructions is provided to enable one hundred (100) persons to dance. 2.Hours of operation. It shall be unlawful for any person licensed for the on premises sale of alcoholic beverages to sell or offer for sale 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 5.0 0 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 closed and shall not sell or offer for salesuch beverages before 1:00 P.M. Section 5.Itis 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 orphrasein order to accomplish such intentions. Section 6.Ifanysection,clause,sentence or phrase ofthisordinanceisheldtobeinvalidor unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 7.All Ordinances or parts of Ordinances in conflictherewith be,andthesame are,herebyrepealed. Section 8.This Ordinance shall become effective on and from October 6th,1987. PASSED AND ADOPTED this fo day of \}JjQjt -,1987. ^hJjQ^^r READ AND APPROVED AS TO FORM ji i ldff CITY ATTORNEY PASSED ON 1ST READING: PASSED ON 2ND READING: 9/01/87 10/6/87 Additions shown by underlining Deletions shown by O7-7-09 APPROVED: *t •C-vO-V MAYOR cr