Ord No 01-19-2314ORDINANCE NO.01-19-2314
An Ordinance amending the City of South Miami Code of Ordinances,
Chapter IV Alcoholic Beverages, Article I, Sections 4-6, titled
"Definitions of establishments; hours of operation; definition of alcoholic
beverages" to revise the definitions and hours of operation.
WHEREAS, Section 4-6 defines numerous activities in general terms without
providing clear objective standards, such as restaurants that offer a "full course meals", or
a structure that provides enough space for 100 people to dance, or a structure that
provides enough space for people to dine; and
WHEREAS, typically, a full course dinner or meal has four or more meal courses
and a multi -course meal can include two or more courses; and
WHEREAS, one guide to dance floors suggest budgeting 4.5 square feet of space
for each person: and
WHEREAS, the City's definition of a Nightclub requires space for 100 people to
dance; and
WHEREAS, the phase "retail gift stores" is not found in the Code of Ordinances
or the Land Development Code, other than in Section 4-6; and
WHEREAS, on online source suggests that banquet seating may use as little as
10 square feet per person, while fine dining may require 20 square feet per person and
that it is common for most restaurants or coffee shops with that have a general menu to
average about 15 square feet per person; and
WHEREAS, Section 562.14. Florida Statutes establishes the general hour and
days of the week for the sale of alcoholic and intoxicating beverages by a licensed
premises. However, it allows municipalities to change those days and hours or to
eliminate the restriction altogether. Section 562.14, subsection (1) states:
(1) Except as otherwise provided by county or municipal ordinance, no
alcoholic beverages may be sold, consumed, served, or permitted to be served or
consumed in any place holding a license under the division between the hours of
midnight and 7 a.m. of the following day. This section shall not apply to railroads
selling only to passengers for consumption on railroad cars.
(2) Except as otherwise provided by county or municipal ordinance, no
vendor issued an alcoholic beverage license to sell alcoholic beverages for
consumption on the vendor's licensed premises and whose principal business is
the sale of alcoholic beverages, shall allow the licensed premises, as defined in s.
561.01(11), to be rented, leased, or otherwise used during the hours in which the
sale of alcoholic beverages is prohibited. However, this prohibition shall not
Pagel of 3
-Grd-inance No. 01-19-2314
-11
apply to the rental, lease, or other use of the licensed premises on Sundays after 8
a.m. Further, neither this subsection, nor any local ordinance adopted pursuant to
this subsection, shall be construed to apply to a theme park complex as defined in
s. 565.02(6) or an entertainment/resort complex as defined in s. 561.01(18).
WHEREAS, the City desires to amend Chapter IV Alcoholic Beverages, Article
I, Sections 4-6 of the Code of Ordinances to provide more objective definitions and to
change the allowable hours for the sale and consumption of alcohol.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter IV Alcoholic Beverages, Article I, Sections 4-6, titled
"Definitions of establishments; hours of operation; definition of alcoholic beverages", of
the Code of Ordinances, City of South Miami, Florida, is hereby amended and shall read
as follows:
Sec. 4-6. - Definitions ez es lisle 'ems; hours of operation;
aleehe l ie-beverages.
(a) Definitions ef establisIvnents. f-For purposes of this Article I sue, the
words and terms defined in this subsection shallwill have the following meanings: }
(1) Bar or lounge means a commercial establishment devoted primarily to the
sale of alcoholic beverages for consumption on the premises; and where entertainment
may also be provided.
(2) Restaurant means any building ^M stmeor portion thereof which offers
or serves cooked, ill multi -course meals daily prepared on the premises daily, and which
contains alcoholic beverage service bars for on -premises consumption only.
(3) Nightclub means any building, or portion thereof
r-ee ^M mems ^r ether- plaees where the principal business shall be to provide food,
refreshments and entertainment, and which provides: fa)- VAer-e a minimum of 2,000
square feet aeeenvnedations for the service of meals to at least two hundred 900)
pease6 LS p evid and (b)- A4kerre a band, orchestra or some other form of musical
for dancing; and (c)-. VAerre suffleient spaee, a minimum of
450 square feet free fie tables and ^hairs ^M etheivvstruefiens, is provided te en
one hundred (IGO) per -son for danceing.
(4) Package store means any building o "truetufe or portion
thereof that is used for the sale of alcoholic beverages only
for off -premises consumption enly, but sal it does not include grocery
stores and supermarkets.
(5) Gift basket shall means the sale of beer or and wine packaged as part of a
gift basket from florists or other retail gib stores for off -premises consumption.
(b) Hours of operation. It shall be unlawful for any person who is, eer-p
entity licensed the to sell A A Lises eensumpfien ef alcoholic beverages
for on -premises or off -premises consumption, to sell or offer for sale suek—alcoholic
beverages, or to be open for business
any day but Sunday. On Sundays, all lieensed establishments shall net sell er- effier- fer-
Page 2 of 3
Ordinance No. 01-19-2314
sale sueh beverages before 1!00 p.m. exeept that festaufants, as defined in seetion 4
6'a"" shall be r it4ed to sell or offer for sale such beverages on Sundays beginning
1n nor during all hours of all days of the week (e) eleehelie bever-ages defined
Aleehelie beverages as used in this seetim; —and- thwsuoghetA this Cede shall he defined A,; -
distilled spirits and all beveFages one pervent of Fnere aleehel by
Section 2. Codification. The provisions of this ordinance shall become and be
made a part of the Code of Ordinances of the City of South Miami as amended.
Section 3. Severability. If any section, clause, sentence, or phrase of this
ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, this holding shall not affect the validity of the remaining portions of this
ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby
repealed.
Section 5. Effective Date. This ordinance shall become effective upon
enactment.
PASSED AND ENACTED this 15'h day of January, 2019.
ATTEST: n APPROVED:
� �/�
f G F!�� cxV'ot
CITY CLERK MAY R
IS` Reading: 12.04.18
2nd Reading: 01.15.19
FORM, COMMISSION VOTE:
5-0
Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Welsh:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 3 of 3
1 1 �
Agenda Item No:8.
City Commission Agenda Item Report
Meeting Date: January 15, 2019
Submitted by: Nkenga Payne
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Code of Ordinances, Chapter IV Alcoholic Beverages, Article I,
Sections 4-6, titled "Definitions of establishments; hours of operation; definition of alcoholic beverages" to revise
the definitions and hours of operation. 3/5 (Commissioner Liebman)
Suggested Action:
Attachments:
Ord Amending_4-6JktCArev.doc
Ord -Amend i ng4-6JktCArev_passed_1st_ReadCArevCompare.doc
MDBR Ad.pdf
Miami Herald Ad.pdf
1
MIAMI DAILY BUSINESS REVIEW
Published Defy wwpt Saturday. SuMay and
Legal Holidays
Miami. Miami County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Estate the undersigned authamy personally appeared
GUILLERMO GARCIA, who on oath says than he or she is me
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review true Miami Review. a daily (except
Saturday, Sunday and Legal Holidays) newspaper.
published at Miami in Miami -Dade County. Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI - JAN
15. 2019
in the XXXX CourL
was published in said newspaper in the issues of
01/04/2019
ABiant further says that the "to Miami Daily Business
Review is a newspaper published at Miami, in said Miami -Dad
e County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mall
matter at the post office In Miami in said Miami -Dade County.
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement. and arrant
further says that he or she has neither paid not promised any
person, firm or corporation any discountr rebatecommission
or refund for the purpose of securing this advertisement for
publication in the said newspaper.
Swortito and subscribed before me thE
4 day JANUA ,A.D.2019
A
1 ( L)
GUILLERMO GARCIA personalty known to me
1A7 •� BARBARATHOMAS
`1.Comaission If GG 121171
5\
� Expires November 2, 2021 ,?? f loaded Thru Tmy Fain mumence 8W39S7619
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conducCPublic Hearing(s) at its regular City Commission
meeting scheduled for Tuesday, January 15, 2019 beginning at T.W p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider the following
item(s):
A Resolution relating to a Variance application to reduce the minimum
front setback area requirement and to increase the maldmtlm Impervious
coverage requirement for a residential townhouse building located at
6606 SW 56 Street.
An Ordinance amending the City of South Miami Code of Ordinances,
Chapter IV Alcoholic Beverages, Article I, Sections 46, tilled 'Definitions
of establishments; hours of operation; definition of alcoholic beverages'
to revise the definitions and hours of operation.
An Ordinance amending the City of South Miami Land Development
Code, Chapter 20, Article IV, Section. 20-4.5, subsection F (4) and
subsection M for the purposes that include defining a Dade County
Slash Pine, Pines elllothi var. Dena, as a hardwood tree, increasing
the required percentage of native trees and requiring installation of
Dade County Pines where the Land Development Code requires
installation of other trees.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at
305-663.6340.
Nkenga A. Payne, CMC
City Clerk
Pursuant to Florida Statutes 286.0105. the City hereby advises the public
that if a person decides to appeal any decision made by this Board. Agency
or Commission with respect to any matter considered at its meefing or
hearing, he or she will need a record of the proceedings, and that for such
purpose, affected person may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and evidence
upon which the appeal is to be bused.
114 19-3610000370946M
SUN 24SE I NEIGHBORS MIAMME$atb2OMlaBlia D Y
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CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City
of South Miami, Florida will conduct Public Hearing(s) at its regular
City Commission meeting scheduled for Tuesday, January 15, 2019
beginning at 7:00 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
A Resolution relating to a Variance application to reduce the
minimum front setback area requirement and to increase the
maximum impervious coverage requirement for a residential
townhouse building located at 6606 SW 56 Street.
An Ordinance amending the City of South Miami Code of
Ordinances, Chapter IV Alcoholic Beverages, Article 1,
Sections 4-6, titled "Definitions of establishments; hours of
operation; definition of alcoholic beverages" to revise the
definitions and hours of operation.
An Ordinance amending the City of South Miami Land
Development Code, Chapter 20, Article IV, Section.
20-4.5, subsection F (4) and subsection M for the purposes that
include defining a Dade County Slash Pine, Pinus elliottii var.
Densa, as a hardwood tree, increasing the required percentage
of native trees and requiring installation of Dade County
Pines where the Land Development Code requires installation
of other trees.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office
at: 305-663-6340.
Nkenga A. Payne, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that if a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its
meeting or hearing, he or she will need a record of the proceedings, and
that for such purpose, affected person may need to ensure that a verbatim
record of the proceedings is made which record includes the testimony
and evidence upon which the appeal is to be based.
FROM PAGE
send Idds into the new year
with new shoes on their
feet and smiles on their
faces."
For more information on
pair of shoes goes a long
Shoes That Fit, visit
way, and we're excited to
www.shoesthatfit.org.
SCHOOL SCENE
shoes to more than 200
students at South Miami
Heights Elementary School
during the holiday season.
Founded in 1992, Shoes
That Fit is a California -
based nonprofit that aims
to provide children in need
with new athletic shoes in
hope of helping students
attend school with dignity
and be prepared to learn.
"This is the second year
Pinnacle has worked with
the amazing team at South
Miami Heights Elementary
as part of our continued
commitment to rejuvenat-
ing local communities
through important initia-
tives," said Jennifer Sanz,
vice president, develop-
ment programs at Pinnacle
Housing Group. "A good
P1alo gptlN b tlrt MIRY Ns!!
David Jenkins, third from left, of the Young Men's
Preparatory Academy recently received several $100 gift
cards as part of the Miami Herald's Wish Book Program.
The gift cards were delivered to David by Officer Samuels
of the Miami -Dade Schools Police Department, Principal
Pierre Edouard, and Matthew Tisdol representing
Miami -Dade School Board Member Dorothy
Bendross-Mindingall.
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