Ord No 26-19-2339ORDINANCE NO. 26-1 9-2339
An Ordinance amending the City of South Miami Code of Ordinances,
Chapter IV Alcoholic Beverages, Article I, Sections 4-6, including a
revision to the hours of operation.
WHEREAS, the sale of alcohol for off -premises consumption has contributed to
flash mob block parties that are difficult to control since there is no sponsor of the event
and the event occurs spontaneously from time to time in the City of South Miami; and
WHEREAS, there have been several flash mob block parties that have been fueled
by alcohol sales from licensed establishments in the City; 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 premise.
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 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 1,
Sections 4-6 of the Code of Ordinances to change the allowable hours for the off -premise
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:
Page 1 of 2
drdinance No. 26-19-2339 '
Sec. 4-6. - Definitions; hours of operation.
(b) Hours of operation. It shall be lawful for any person who is, licensed to sell
alcoholic beverages for on -premises eer eff pr-emi?es consumption, to sell or offer for sale
alcoholic beverages, or to be open for business to sell or offer for sale such beverages
during all hours of all days of the week. However, it is unlawful to sell or offer for sale alcoholic
beverages for off -premise consumption, or to be open for business to sell or offer to sell alcoholic
beverages for off -premise consumption during the hours from 11:00 p.m. to 5:00 a.m. during all
days of the week.
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 20°i day of August, 2019.
ATTEST: APPROVED
Q
ITY LERK T MA R
I" Reading: 8/6/19
2"d Reading: 8/20/19
TO FORM, COMMISSION VOTE:
5-0
VD Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Welsh:
Yea
Commissioner Liebman: Yea
Commissioner Gil:
Yea
Page 2 of 2
Agenda item No:8.
City Commission Agenda item Report
Meeting Date: August 20, 2019
Submitted by: Thomas Pepe
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, including a revision to the hours of operation. 3/5 (Commissioner Welsh)
Suggested Action:
Attachments:
Ord Amending_4-6_re_hours_of saIesAmendedlstReading.docx
DBR Ad. pdf
MH Ad. pdf
MIAMI DAILY BUSINESS REVIEVil
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review We Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami -Dade County. Florida; that the
attached copy of advenisemenl, being a Legal Advertisement
of Notice in the matter of
NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI -
AUG. 20, 2019
In the XXXX Court,
was published in said newspaper in the issues of
08109/2019
Afiiant further says that the said Miami Dairy Business
Review is a newspaper published at Miami, in said Miami -Dade
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 mail matter at the post
office in Miami in said Miami -Dade County, Florida, for period
of one year next preceding the first publication of the attached
copy of advertisement; and affirm further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said
newspaper.
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9 day UGVST .D.2019 nn
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GUILLERMO GARCIA personally known to me
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CITY OF SOUTH MIAMI
NOTICE -OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Heming(s) at its regular City Commission
meeting scheduled for Tuesday, August 20, 2019, beginning at 7:00 p.m.,
in the City Commission Chambers, 6130 Sunset Drive, to consider the
following item(s):
An Ordinance amending section 20-4.4 of the Land Development Code
of South Miami, Florida establishing electric vehicle off-street parking
improvements, requirements and regulations; amending Chapter 15A
of the Code of Ordinances of South Miami establishing regulations for
use and penalties for misuse of electric vehicle charging spaces.
An Ordinance amending the City of South Miami Code of Ordinances,
Chapter IV Alcoholic Beverages, Article I, Sections 4E, including a revision
to the hours of operation.
An Ordinance amending the City of South Miami Code of Ordinances,
Chapter 2, Article II, Section 2.8 to clarify the check signing authority
of City officers and the Finance Director.
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.
Nkanga A Payne, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a parson 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.
8/9 19-128/0000418641M
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NEIGHBORS
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ILLEGAL DUMPERS can expect penalties, fines and
possible jail time. Dispose of your trash and debris properly!
5UNDAY AUGUST It 1019
MIAMINERUICOM
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
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,
August 20, 2019, beginning at 7:00 p.m., in the City Commission
Chambers, 6130 Sunset Drive, to consider the following item(s):
An Ordinance amending section 20-4.4 of the Land
Development Code of South Miami, Florida establishing
electric vehicle off-street parking improvements, requirements
and regulations; amending Chapter 15A of the Code of
Ordinances of South Miami establishing regulations for use
and penalties for misuse of electric vehicle charging spaces.
An Ordinance amending the City of South Miami Code of
Ordinances, Chapter IV Alcoholic Beverages, Article I,
Sections 4-6, including a revision to the hours of operation.
An Ordinance amending the City of South Miami Code
of Ordinances, Chapter 2, Article 11, Section 2.8 to clarify
the check signing authority of City officers and the
Finance Director.
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 5
proceedings is made which record includes the testimony and evidence upon
which the appeal is to be based.