Ord. No. 08-90-1448.••»//)>oPt£>
ORDINANCE NO.8-90-1448
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA,
AMENDING ORDINANCE 17-87-1289-A RELATING TO THE SALE OF
ALCOHOLIC BEVERAGES BY AMENDING SECTIONS 4-1,4-2,AND
4-6 OF CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES BY
REVISING THE DISTANCE REQUIREMENTS;REVISING
ESTABLISHMENTS SUBJECT TO THE CODE'S PROVISIONS;
ADDING DEFINITIONS AND HOURS OF OPERATION;PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS,the City has established,pursuant to Chapter 4of
the Code of Ordinances of the City of South Miami,rules and
requlations reqardinq the sale of alcoholic beveraqes within the
Citv;and
WHEREAS,the Mavor and City Commission wish to amend
sDecific sections of such chapter in order to address distance
reauirements between licensed establishments,to provide for
definitions of establishments,and to requlate hours of operation
of such establishments;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Section 4-1 of the Code of Ordinances is hereby
amenaea as follows:
c*ec.4-i.Manutacture,sale,distribution aoverned bv
provisions of this chapter.
No person,corporation or other entitv shall
enaaqe in the manufacture,saie,or distri
bution or alcoholic beveraqes,except strictly
under the terms and provisions of this chapter.
section 2..Section 4-2 (a)of the Code of Ordinances is
nerebv amended to read:
(a)Distance reauirements
(1)Distance from a church,school,or
residential orooertv shall be measured by
followina a straioht horizontal line from the
nearest point of the property line of the
orooertv on which the proposed licensed
estaolishment is to be located to the nearest
point of cne orooertv line of a church,scnooi
or residential orooertv.
i/.)in an otner cases,distance snaii oe
measured bv roliowina a straiant Horizontal
line from the nearest Doint or tne oerimeter
wall of the Drooosed estaoiisnment to tne
nearest ooint or ~he oerimeter vaii of the
existinu estaoiisnment.
(3)No premises shall be used for the sale of
alcoholic beveraqes where the proposed licensed
establishment is located less than the distance
in feetfrom another use as indicated in the
followinq chart.
SPACING
REQUIRED
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RESTAURANTS 500'500*300'500*500'
BAR/LOUNGE 500'500*500*500'500'
NIGHTCLUB 300*500*500'500'500*
GROCERY STORE 300*
SUPERMARKETS 300'
PACKAGE STORES 300*500*
GIFT BASKETS
NONCONFORMING USES
Section 3.The third sentence of Section 4-2 (c)of the
Code of ordinances is herebv amended to read:
Abandonment shall consist of a chanae of use
or of a suspension of active business with the
public rora period of six (6)months,or prior
to the end of the period,uoon a written
declaration of abandonment bythe tenant and
owner of the premises,if under lease,and if
not,bv the owner.
.Section 4.Section 4-2 (d)of the Code of Ordinances is
nereov amended to read:
id)Sketch indicatino location.
For the purpose of establishinq the distance
oetween alcoholic beveraae uses and anv other
use,the applicant for such use shall furnish a
certified survev.Such survey shall indicate
the distance infeet between the proposed place
and anv other use.
section o.iection ~-2 ei jf tne Code of Ordinances is
nereDv amended to read:
»ft i rieservpti
.;e CtiO n section t-6 iai of tne Code of Ordinances is
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nerebv amended to read:
(4)Packaae storeshall include all establishments
enaaqed in the sale of alcoholic beveraqes for
consumption off the premises onlv,but shall
not include arocery stores and supermarkets.
(5)Gift basket shall mean the sale of beer and
wine packaqed as part of a qift basket from
florists or retail qift stores for off premises
consumption.
Section 7.Section 4-6 (b)of the Code of Ordinances is
nerebv amended to read:
(b)Hours of operation.
It shall be unlawful for any person,corpor
ation or entitv licensed for the on-premises
consumption of alcoholic beverages to sell or
offer for sale such alcoholic beverages orto
be open for business after 5:00a.m.on any day
nor before 11:00 a.m.on any day but Sunday.
On Sundavs,all licensed establishments shall
not sell or offer for sale such beverages
before 1:00 p.m.
Section 8.Ifanysection,clause,sentence orphraseof
this ordinance is held to be invalid or unconstitutional byany
court of competent jurisdiction,then said holding shall inno
wav affect tne vaiiditv of the remaininq portions of this
ordinance .
Section 3.All Ordinances or parts of Ordinances in
ccnriict nerewitn oe,ana tne same are,nerebv repealed.
Section 10.Phis Ordinance snail take effect immediately at
tne time of its oassaae.
PASSED AND ADOPTED tnis 12th dav or June,1990.
APPROVED:
•.-Ai'ANl.i APj/NuVEi):\S 1'j mjRM
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