Ord No 11-23-2462ORDINANCE NO. 11-23-2462
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING
SECTION 4-6, "DEFINITIONS; HOURS OF OPERATION,"
OF CHAPTER 4, "ALCOHOLIC BEVERAGES," OF THE
CITY CODE OF ORDINANCES TO AMEND THE
PERMITTED HOURS OF SALE FOR ALCOHOLIC
BEVERAGES CONSUMED ON-PREMISES; PROVIDING
FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provides municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City Commission of the City of South Miami ("City") finds it
periodically necessary to amend its Code of Ordinances ("Code") in order to update regulations
and procedures to maintain consistency with state law, implement municipal goals and objectives,
clarify regulations, and address specific issues and needs that may arise; and
WHEREAS, pursuant to Section 562.14, Florida Statutes, a municipality may, by
ordinance, establish hours of sale for alcoholic beverages; and
WHEREAS, Florida courts have rejected equal protection and due process challenges to
Section 562.14, Florida Statutes (See Wednesday Night, Inc. v. City of Fort Lauderdale (Fla.
1973)); and
WHEREAS, in State ex. Rel. Floyd v. Noel (Fla. 1936), the Florida Supreme Court
recognized that "[i]t is so well settled that no citation of authority is required to support the
statement that a municipality exercising the powers inherent in municipal corporations may
reasonably regulate the sale of intoxicating liquors and in providing such reasonable regulations
may prohibit the sale of such liquors within certain hours, and also may prohibit the sale of liquors
within certain zones~'; and
Page 1 ofS
Ord. No. 11-23-2462
WHEREAS, Florida courts have consistently held that alcoholic beverage establishments
are not entitled to grandfather status as to hours of sale for alcoholic beverages (See Village of
North Palm Beach v. S & H Foster's, Inc. (Fla. 4th DCA 2012); Other Place of Miami v. City of
Hialeah Gardens (Fla. 3d DCA 1978)); and
WHEREAS, Section 4-6, "Definitions; hours of operation," of the City Code allows any
person licensed to sell alcoholic beverages to sell or offer for sale alcoholic beverages for on-
premises consumption, regardless of the time of day; and
WHEREAS, the City's Police Department regularly responds to disturbances in the
Hometown District/commercial core area, a large proportion of which occur in the late night/early
morning hours including after 4 a.m.; and
WHEREAS, traffic unrelated to establishments that serve alcoholic beverages, including
pedestrians walking their dogs or children, or otherwise engaging in exercise, and commuters
driving vehicles to work, increases after 4:00 a.m.; and
WHEREAS, the City finds that the sale of alcoholic beverages between the hours of 4:00
a.m. and 9:00 a.m. increases the frequency of interactions between pedestrians and cyclists
engaged in early morning activities and intoxicated individuals that are driving under the influence
or that are more likely to engage in disorderly conduct; and
WHEREAS, intoxicated individuals driving under the influence or engaging in disorderly
conduct can result in serious bodily injury to the victims of drunk driving accidents and/or
increased crime, and can create disturbances that negatively impact the life, health, and peaceful
enjoyment of others using public rights-of-way or private property in the vicinity of drinking
establishments; and
Page 2 of 5
Ord . No . 11-23-2462
WHEREAS, the City find s that prohibiting the sale of alcoholic beverages betwee n the
ho urs of 4:00 a.m. and 9:00 a.m. wil l protect the public health, safety, and welfare b y decreasing
the frequency of interactions between pedestrians and cyclists engaged in earl y morning activities
and intoxicated indiv idua ls e ngaged in drunk driving or disorde rl y conduct, as well as reduc ing
the frequency of disturbances that n ega tiv e ly impact the life, health, and peaceful enjoyment of
others us ing public rights-of-way or private propetty in the vici nity of drinking establis hments;
and
WHEREAS, the City Commiss io n d es ires to amend Section 4-6(b) of the C ity Code to
provide that it is unlawful for a ny pe rson li censed to sell a lcoholi c beverages for on-premises
consumption to sell o r offer for sa le a lcoholic beverages during the hours of 4:00 a.m. and 9:00
a.m.; and
WHEREAS, the C ity Commission finds that this Ordinance is in the best interest and
welfare of the C ity and approved it on fi rs t reading on July 18 , 2023; a nd
WHEREAS, on August I, 2023 , the Mayor and C ity Commiss io n conducted a dul y
noticed public hea1ing as required by law a nd a pproved the ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:'
Section 1. Recitals. T he above-stated rec it a ls are true a nd correct and are incorporated
herein by this reference.
Section 1. A mending Chapter 4, Article I, Section 4-2. of the Code. Chapter 4 -
"Alcoh o li c Beverages," Article I. -'·In General", Section 4-6. '·Defin iti o ns; ho urs of operation'·
of th e C ity Code of Ordinances, is hereby amended to read as fo llows:
1 Coding: Strikethrough words are deletion s to th e ex isting words. Und erlined wo rd s a re addit ions to the ex ist ing
wo rds. Modifications proposed by th e Planning Board are shaded in grey. C hanges between fir st and second
reading are indicated with elsuel11 strilui tlm i ~ and QQI-Lble underline. Modifi catio ns made at seco nd reading are
s haded in ~ark gre~.
Page 3 o f 5
Ord. No. 11-23-2462
CHAPTER 4 -ALCOHOLIC BEVERAGES
ARTICLE I. -IN GENERAL
***
Section 4-6. Definitions; hours of operation.
***
(b) Hours of operation. It shall be unlawful for any person who is licensed to sell alcoholic
beverages for on-premises consumption to sell or offer for sale alcoholic beverages, or to ee
open for eusiBess to sell or offer for sale sueh eeverages dwing between the hours of 4:00 a.m.
and 9:00 a.m. on all hours of all days of the week. Ho1.11e1.,er Additionally. 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. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final Ordinance for signature.
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, the holding
shall not affect the validity of the remaining portions of this Ordinance.
Section 4. Conflicts. That all ordinances or parts of ordinances, resolutions or parts
of resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 5. Implementation. The City Manager is hereby authorized to take any and
all necessary action to implement the purposes of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption.
PASSED on first reading on the l 8th day of July. 2023.
PASSED AND ADOPTED on second reading on the 1st day of August, 2023.
Page 4 of S
Ord. No. 11-23-2462
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
~
WE ISS SEROTA HELFMAN COLE
& BIERMAN, P .L.
CITY ATTORNEY
APPROVED:
COMMISSION VOTE:
Mayo r Fernandez :
V ice Mayor Bonich:
Commiss ioner Calle:
Commissioner Liebman:
Commissioner Corey:
Page 5 ofS
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: August 1, 2023
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
SECTION 4-6, “DEFINITIONS; HOURS OF OPERATION,” OF CHAPTER 4, “ALCOHOLIC BEVERAGES,” OF
THE CITY CODE OF ORDINANCES TO AMEND THE PERMITTED HOURS OF SALE FOR ALCOHOLIC
BEVERAGES CONSUMED ON-PREMISES; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (MAYOR FERNÁNDEZ)
Suggested Action:
Attachments:
CA Memo Re Ordinance Re Alcohol Hours.docx
46S2547-Ordinance_Amending_4-6_Relating_to_Hours_of_Sale_For_Alcoholic_Beverages_-_CAv2 SR.docx
MDBR Ad.pdf
MH Ad.pdf
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:July 18, 2023 City Commission Meeting
SUBJECT:AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING SECTION 4-6, “DEFINITIONS; HOURS OF OPERATION,” OF
CHAPTER 4, “ALCOHOLIC BEVERAGES,” OF THE CITY CODE OF ORDINANCES TO
AMEND THE PERMITTED HOURS OF SALE FOR ALCOHOLIC BEVERAGES
CONSUMED ON-PREMISES; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE.
The accompanying ordinance was prepared and placed on the agenda at the request of Mayor
Fernández.
2
8
MIAMI -DADE
STATE OF FLO RI DA
COUN TY OF M IAMI-DA DE:
Before the und ersigned authority personally appeared
GUIL LERMO GARCIA , who on oath says that he or she is the
DIRECTOR OF OPERATIONS , Lega l Notices of the Miami Daily
Business Re~iew flk/a Miaml Review, of Miami-Dade County ,
Florida ; that the attached copy of ad~ertisement , being a
Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -PUBLIC HEAR ING -AUG. 1, 2023
in th e XX.XX Court,
was pub/is/led in a newspaper by print in the is sues of Miam i
Daily Business Revlew t/1</a Miami Revlew on
07 /21/2023
Affian t further says that th e newspaper complies with all
legal for publication in chapte r 50, Florida
Swor and subscribed before me this
21 day of JU LY, A.O. 2023
r
GU ILLERMO GARCIA personally known to me
,:;i?i'l~~~;-. __ r10 SANA SALGADO i., i :•\ Cornrnlssion # HH 336987
'-\~~/' Explres November 30, 2026
'·,.Rf.f.~ .. •
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice Is hereby given that the City Commission will hold a public hearing
on Tuesda Au ust 1 2023 at 7:00 .m. to consicjer the following public
hearing llem(s):
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA APPROVING THE CONTRACT OF
EMPLOYMENT OF THE CITY CLERK.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHOR/ZING THE CITY MANAGER
TO ENTER INTO A MULTI -YEAR . AGREEMENT FOR THE
ENFORCEMENT OF SCHOOL ZONE SPEED LIMITS, PROVIDING
FOR IMPLEMENTATION, CORRECTIONS , SEVERABILITY AND
AN E~FECTIVE DATE .
9
A RESOLUTION OF THE CITY COMMISSION OF THE Cl1Y OF
SOUTH MIAMI, FLORIDA, CONFIRMING THE COMMISSION'S
SUPPORT OF ANNEXATION FOR THE AREA WITHIN THE SW ¼
PORTION OF SECTION 36, TOWNSHIP 54 SOUTH, RANGE 40
EAST, GENERALLY LOCATED BETWEEN SW 62ND AVENUE
AND SW 67 AVENUE AND SW BOTH STREET AND THE SNAPPER
CREEK CANAL, IN MIAMI-DADE COUN1Y, AS SET FORTH IN
RESOLUTION NO. 005-21-15625, SUBJECT TO AMENDING THE
BOUNDARIES OF THE ANNEXATION AREA TO ELIMINATE
PROPERTIES WITHIN THE DOWNTOWN KENDAU. URBAN CENTER;
DIRECTING THE CITY MANAGER TO TAKE AU. ACTION NECESSARY rn MevE FORWARD WITH AN ANNEXATION APPLICATION ANC>-
PROCESS WITH MIAMI-DADE COUN1Y WITH AMENDMENTS
TO THE BOUNDARIES, INCLUDING REQUIRED NOTICE, AND
SUPPORTING APPLICATION DOCUMENTS AND PACKAGE FOR
Cl1Y COMMISSION ACTION AS REQUIRED BY MIAMI-DADE
COUNlY CODE ; PROVIDING FOR IMPLEMENTATION, CORRECTIONS,
AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE Cl1Y COMMISSION OF THE Cl1Y OF
SOUTH MIAMI , FLORIDA, AMENDING SECTION 4-6, "DEFINffiONS;
HOURS OF OPERATION," OF CHAPTER 4, "ALCOHOLIC BEVERAGES,"
OF THE CITY CODE OF ORDINANCES TO AMEND THE PERMITTED
HOURS OF SALE FOR ALCOHOLIC BEVERAGES CONSUMED
ON -PREMISES; PROVID ING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION ; AND AN EFFECTIVE DATE.
The hearing will be held at c· Hall Commission Chambers 6130 Sunset
Drive South Miami Florida 33143. Commission members will participate
in Chambers or by video conferencing through the Zoom platform and members
of the public may join the meeting via Zoom at tt s://zoom.us/i 3056636338 , by
phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338
when prompted, or In person in the Commission Chambers, and where
their appearance will be broadcast on the Zoom platform, and where they
can participate.
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.
Pursuant to Section 286 .0105, Fla. Stat., the City hereby advises the public
that if a person decides to appeal any decision made by the Commission
with respect to this matter, such person must ensure that a verbatim
record of the proceedings Is made, ~hich record includes the testimony
and evidence upon which the appeal Is to be based. This notice does not
constitute consent by the City for the introduction or admission of atherwise
inadmissible or irrelevant evidence, nor doe it authorize challenges or
appeals not otherwise allowed by law.
ADA: To request a modification to a policy, practice or procedure or to
request an auxiliary aide or service in order to participate in a City program,
activity or event , you · must on or before 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone : 305-663-6340, by mail at 6130 Sunset Drive,
South Miami, Flori da or email at npayne@southmiamifl.gov.
7/21
Nkenga A. Payne, CMC , FCRM
City Clerk
23-96/000067 4 795M
SUNDAY JULY 23 2023 NEIGHBORS ...................................................................................................5SE
HDTM201
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