Ord No 08-24-2493ORDINANCE NO. 08-24-2493
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING CHAPTER 4 "ALCOHOLIC
BEVERAGES," ARTICLE I "IN GENERAL," SECTION 4-2
"CONDITIONAL USE APPROVAL OF REQUIREMENTS;
NONCONFORMING USE; CERTIFICATE OF
OCCUPANCY", AND CHAPTER IS "OFFENSES AND
MISCELLANEOUS PROVISIONS", ARTICLE I "IN
GENERAL," SECTION 1S-63 "MOBILE VENDORS," OF
THE CITY CODE OF ORDINANCES, TO MODIFY
CONDITIONS RELATING TO FOOD SERVICE IN
CONNECTION WITH THE SERVICE OF ALCOHOLIC
BEVERAGES INCLUDING ALLOWING MOBILE FOOD
VENDORS FOR DRINKING PLACE/BAR/LOUNGE
WITHIN THE HOMETOWN DISTRICT UNDER CERTAIN
CONDITIONS; 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") 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, Section 4-2(a)(4) of the Code regulates restaurants that serve alcoholic
beverages to prohibit service counters, or non-traditional seating arrangements; and
WHEREAS, modem restaurants that serve alcoholic beverages have a variety of designs
that include service counters and/or a variety of seating options; and
WHEREAS, the City Commission finds that the current limitations in Section 4-2(a)(4)
of the Code are unduly restrictive and limiting for the variety of restaurants the City is seeking to
attract for the benefit of its residents and businesses; and
WHEREAS, Section 15-63, "Mobile vendors" of the City Code provides that mobile
vendors are prohibited from operating or doing business in the City, except in "I" zoned districts,
upon construction sites where work is actively in progress, and in any zoning dishict where a
permitted special event, exhibition, exposition, art show and/or festival is taking place certain
tenns and conditions; and
Page 1 of5
Ord. No. 08-24-2493
WHEREAS, the City Commission finds that mobile food service vendor operations can
be beneficial to residents, visitors, and patrons to alcoholic beverage establishments, which are
regulated by Florida Statute.~ and Chapter 4, "Alcoholic Beverages," of the City Code; and
WHEREAS, the City Commission desires to amend Section 4-2 and Section 15-63,
"Mobile vendors" of the City Code, to allow restaurants to provide service counters and a variety
of seating options, and to allow a drinking place/bar/lounge within the Hometown District the
oppo11unity to serve food on its premises through mobile food vendors under certain conditions;
and
WHEREAS, on February 6, 2024, the City Commission approved the ordinance on first
reading; and
WHEREAS, on March 19th , 2024, the Mayor and City Commission conducted a duly
noticed public hearing as required by law and approved the ordinance on second reading; and
WHEREAS, the City Commission finds that this Ordinance is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above-stated recita]s are true and c01Tect and are incorporated
herein by this reference.
Section 1. Amending Chapte .. 4, Article I, Section 4-2 and Chapter ts, A1·ticle I,
Section 15-63 of the Code. Chapter 4 -"Alcoholic Beverages," Article I. -"In General'', Section
4-2. "Conditional use approval of requirements; nonconforming use; certificate of occupancy" and
Chapter 15 -"Offense and Miscellaneous Provisions," Article I. -"In General", Section 15-63.
"Mobile vendors" of the City Code of Ordinances, is hereby amended to read as follows:
***
CHAPTER 4 -ALCOHOLIC BEVERAGES
ARTICLE I. -IN GENERAL
Sec. 4-2. Conditional use approval of distance requh-ements; nonconforming use; ce1·tificate
of occupancy.
***
1 Coding: Strilielhrough t,•,.cofds are deletions to the existing words. Underlined words are additions to the existing
words. Changes between first and second rending are indicated with tteuhle AIFilEetk,e11gh and double underline.
Modifications made ut second reading are shaded in lflirlc1mlt
Page 2 of5
Ord. No. 08-24-2493
(a) Distan ce requirements.
(4) No beer, wine or beverage containing distilled spirits (alcoholic beverage) may
be sold or consumed as part of an approved restaurant use unless:
a. No alcoholic service bar is pro\•ided;
&.-Food is served in conjunction with alcoholic beverage within or upon the
premises and the alcohol-ie-beverage is only served ut approved senting;
QC. The sale of alcoholic beverage is less than one-half(½) the total monthly
sales;
f.d. Alcoholi c beverages are not re moved from the premises;
ge . A permanent, opaque buffer is provided between the premises and any and
all adjoining properties which are zoned residential; and
~f Alcoholic beverages shall only be served between the hours of 9:00 a.m. and
midnight.
The restaurant shall provide the city with the restaurant's records of it s sales of
food, non-alcoholic beverages and alcoholic beverages upon demand of the city
manager, or manager's designee, or of a city code enforcement emp loyee.
* * *
(7) Mobile food vendors for Drinking Place/Bar/Lounge within Hometown District.
ln co!'ln1rntio1~ with a ~ licensed stand-alone Drinking Place, bar, or lounge, that is not
located on the same premises as a restaurant. shall be permitted one mobile food
vendor to offer mobile food se1yjce on the premise:; shall ee ollswed pBr prepert:,1 on
a nightly basis, subject to the following conditions:
a. Operating hours shall be limit ed from .W 11 p .m. to 4 a .m.;
b. A ll supportin g equipment for th e mobile food vendor operation, including but
not limited to tables, condiment set-ups, generators, fans, etc., sha ll be located on
private property at all times and shall be buffered from adjacent properties by an~ .
opaque bufteil: 9f½Q
c. The mobile food truck or mobile food dispensing vehicle shall be removed from
the premises from 7 a.m . to & ~ p.m. each daw; and
Page 3 of5
Ord. No. 08-24-2493
d. If the mobile food truck is operated by a generator. it shall be certified "quiet"
or similar description, with an operating volume that does not exceed 75 dBA:
and
e. Prior to commencing operations. a Drinking Place/Bar/Lounge must obtain a
certificate of use or amend a current certificate to allow for the mobile food
service operation on the premises. The application shall require the Drinking
PJace/Bar/Lounge to proyide the following infonnation:
l. Narrative describing the mobile food vendor operation and its hours of
operation. including the intended location. placement of supporting
equipment on the premises. a daily removal schedule. and description of
mitigation for noise impacts to abutting property owners; and
2. Copy of the applicable state and local licenses for the mobile food
vendor. including a local business tax receipt issued to the mobile food
vendor by the city. proof of liability insurance coverage with the city
named as additional insured. and clearly state the requested duration
aligning with the intended operating schedule.
This paragraph <7) shall sunset on October 1. 2025. unless extended by Resolution of
the City Commission. In the event the provisions of this paragraph are not extended
by the City Commission. all licenses issued hereunder shall terminate.
***
Chapter 15 -OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE I. -IN GENERAL
***
Sec. 15-63. Mobile vendo1·s.
(a) It shall be unlawful to sell, offer to sell, or exhibit for sale any goods or merchandise,
including, but not limited to, fruits, nuts, popcorn, ice cream or sandwiches from any
parked vehicle or stand set upon any street or sidewalk in the city, or from the exteriors
of buildings licensed for sales, unless otherwise provided herein, in the land
development code, or in Section 4-2 of the City's Code of Ordinances.
***
Section 2. Conections. Confonning language or technical scrivener-type corrections
may be made by the City Attomey for any confonning 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 a fleet the validity of the remaining portions of this Ordinance.
Page 4 ofS
Ord. No. 08-24-2493
Section 4. Conflicts. That all ordina nces or parts of ordinances, resolutions or parts
of resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 5. Inmlemeutation. That the C ity Manager and City Attorney are authorized
to take any and all actions necessa ry to imple ment the Ground Lease and the purposes of this
Ordinance, including acting as the City's authori zed represe ntative for all matters related to the
Ground Lease and Facility.
Section 6.
adoption.
Effective Date. This Ordinance shall b ecome effective immediately upon
PASSED on first reading on the 61" clay of Febrnary, 2024.
PASSED AND ADOPTED on second reading on the 19'" day of March, 2024.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
& BIERMAN, P.L.
CITY ATTORNEY
MAN COLE
APPROVED:
COMMISSION VOTE: 4-1
Mayor Fernandez: Yea
Vice Mayo r Bonich: Yea
Commissioner Calle: Yea
Commiss ioner Liebman: Nay
Commissioner Corey: Yea
Agenda Item No:10.
City Commission Agenda Item Report
Meeting Date: March 5, 2024
Submitted by: Daniela Cimo
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING CHAPTER 4 “ALCOHOLIC BEVERAGES,” ARTICLE I “IN GENERAL,” SECTION 4-2
“CONDITIONAL USE APPROVAL OF REQUIREMENTS; NONCONFORMING USE; CERTIFICATE OF
OCCUPANCY”, AND CHAPTER 15 “OFFENSES AND MISCELLANEOUS PROVISIONS”, ARTICLE I “IN
GENERAL,” SECTION 15-63 “MOBILE VENDORS,” OF THE CITY CODE OF ORDINANCES, TO MODIFY
CONDITIONS RELATING TO FOOD SERVICE IN CONNECTION WITH THE SERVICE OF ALCOHOLIC
BEVERAGES INCLUDING ALLOWING MOBILE FOOD VENDORS FOR DRINKING PLACE/BAR/LOUNGE
WITHIN THE HOMETOWN DISTRICT UNDER CERTAIN CONDITIONS; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (MAYOR FERNÁNDEZ)
Suggested Action:
Attachments:
4872336-Memo_-_Ordinance_Re_Food_Service_with_Alcoholic_Beverages___Mobile_Food_Vendors_-_SR (1).docx
4872326-Ordinance Allowing Mobile Vendors for Alcoholic Beverage Establishment - SR v2.docx
AD.pdf
MH Ad.pdf
1
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:March 5, 2024 City Commission Meeting
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 4
“ALCOHOLIC BEVERAGES,” ARTICLE I “IN GENERAL,” SECTION 4-
2 “CONDITIONAL USE APPROVAL OF REQUIREMENTS;
NONCONFORMING USE; CERTIFICATE OF OCCUPANCY”, AND
CHAPTER 15 “OFFENSES AND MISCELLANEOUS PROVISIONS”,
ARTICLE I “IN GENERAL,” SECTION 15-63 “MOBILE VENDORS,”
OF THE CITY CODE OF ORDINANCES, TO MODIFY CONDITIONS
RELATING TO FOOD SERVICE IN CONNECTION WITH THE
SERVICE OF ALCOHOLIC BEVERAGES INCLUDING ALLOWING
MOBILE FOOD VENDORS FOR DRINKING PLACE/BAR/LOUNGE
WITHIN THE HOMETOWN DISTRICT UNDER CERTAIN
CONDITIONS (MAYOR FERNÁNDEZ)
The accompanying Ordinance was prepared and placed on the agenda at the request of
Mayor Fernández.
2
10A .............................................................................................MIAMI HERALD FRIDAY FEBRUARY 9 2024
SHINGTON
Overcoming a week of
setbacks,the Senate on
Thursday voted to begin
work on a package of war-
time funding for Ukraine,
Israel and other U.S.allies.
But doubts remained about
support from Republicans
who earlier rejected a
carefully negotiated com-
promise that also included
border enforcement pol-
icies.
Senate Majority Leader
Chuck Schumer called the
latest vote a “good first
step”and pledged that the
Senate would “keep work-
ing on this bill —until the
job is done.”
The 67-32 vote was the
first meaningful step Con-
gress has taken in months
to approve Ukraine aid,but
it still faces a difficult path
through Congress.Support
from GOP senators for
final passage is not guaran-
teed,and even if the legis-
lation passes the Senate,it
is expected to be more
difficult to win approval in
the Republican-controlled
House,where Speaker
Mike Johnson,R-La.,has
been noncommittal on the
aid.
The Senate prepared for
a days-long slog to reach a
final vote,and leaders had
not agreed to a process to
limit the debate time for
the bill as Republicans
remained divided on how
to approach the legislation.
The $95 billion package
is intended to show Amer-
ican strength at a time
when U.S.military troops
have been attacked and
killed in Jordan,allies like
Ukraine and Israel are
deep in war and unrest
threatens to shake the
global order.It is also the
best chance for Congress
to replenish completely
depleted military aid for
Ukraine —a goal shared
by President Joe Biden,
Schumer and Senate Re-
publican leader Mitch
McConnell.
After the collapse this
week of a bipartisan
agreement to include
border policy changes in
the package,Schumer
salvaged $60 billion in
aid for Ukraine,as well as
roughly $35 billion for
Israel,other allies and
national security priorities
in the current legislation.
The $95 billion package
package proposed by
Democrats this week
would send $14 billion in
military aid to Israel,
provide further funding
for allies in Asia,and allot
$10 billion for humanitar-
ian efforts in Ukraine,
Israel,Gaza and other
places.
—ASSOCIATED PRESS
Senate votes to advance
Ukraine-Israel package
after border deal fails
SAN DIEGO
Efforts were underway
Thursday to recover the
remains of five U.S.Ma-
rines who were killed when
their helicopter went down
during stormy weather in
the mountains outside of
San Diego,the military
said.
Authorities say the
CH-53E Super Stallion
vanished late Tuesday
night while conducting a
flight training on their way
back to Marine Corps Air
Station Miramar in San
Diego from Creech Air
Force Base,northwest of
Las Vegas.
”It is with a heavy heart
and profound sadness that
I share the loss of five out-
standing Marines from 3d
Marine Aircraft Wing and
the “Flying Tigers,”Maj.
Gen.Michael J.Borg-
schulte,commander of 3rd
Marine Aircraft Wing,said
in a statement.
Per military policy,the
names of the Marines are
not released until 24 hours
after all next-of-kin have
been notified.The five
Marines were assigned to
Miramar’s Marine Heavy
Helicopter Squadron 361,
Marine Aircraft Group 16,
3rd Marine Aircraft Wing at
Miramar.
The military is investigat-
ing the crash and Capt.
Stephanie Leguizamon,
spokeswoman for the wing,
said she had little informa-
tion beyond the statement,
but noted that recovery
efforts were being ham-
pered by snowfall from an
historic storm that was
moving out of California on
Thursday.
“I do know that it’s cold
…I know that’s been a
contentious issue”for
searchers in reaching the
crash site.
Defense Secretary Lloyd
Austin expressed his con-
dolences and said his
prayers are with the loved
ones of these “brave Ma-
rines”and said the entire
defense department
mourns their loss.
“As the Marine Corps
investigates this deadly
crash,it is yet another
reminder that across our
nation and the world our
selfless service members
put their lives on the line
every day to keep our coun-
try safe,”he said in a state-
ment.
President Joe Biden said
in a statement that he and
first lady Jill Biden are
“heartbroken”to learn of
the Marines’deaths.
“Our service members
represent the very best of
our nation —and these five
Marines were no excep-
tion,”Biden said.
The last known contact
with the Super Stallion —
the largest helicopter in the
military,and designed to
fly in bad weather —was at
about 11:30 p.m.Tuesday
when waves of downpours
and snow were hitting the
region,Mike Cornette of
the California Department
of Forestry and Fire Protec-
tion told CBS 8 news.That
location was based on a
“ping”reported to a Cal
Fire dispatch center.
The craft was discovered
Wednesday morning near
Pine Valley,an hour’s drive
from San Diego.
The mountain communi-
ty is at about 3,700 feet in
elevation in the Cuyamaca
Mountains,an area which
saw as much 8 inches of
accumulating snow within
hours Tuesday night and
early Wednesday and saw
more falling Wednesday
night,according to fore-
casters.
The area includes San
Diego County’s second
highest mountain,Cuya-
maca Peak,at 6,512 feet,
and is also near the Cleve-
land National Forest,which
covers 720 square miles
with much of it steep,rocky
and with limited trails.
A mechanical issue in
bad weather would also
make flying even harder.
And while designed for bad
weather,ice accumulation
on rotor blades could dis-
rupt the ability to create lift.
Recovery effor ts ongoing for five
Marines killed in helicopter crash
BY JULIE WATSON
Associated Press
8
4A .............................................................................................MIAMI HERALD FRIDAY FEBRUARY 23 2024
“I can’t give you jus-
tice,”he said.
Walton showed very
little emotion during the
sentencing,stroking his
chin and briefly covering
his eyes with his left hand.
Given the chance to
speak,he chose not to.He
was handcuffed and fin-
gerprinted and taken away
by Miami-Dade correc-
tions officers through a
back door in Courtroom
4-3 of Miami-Dade’s crim-
inal courthouse.
His attorney,Alan
Greenstein,said there
would be an appeal,likely
over insufficient evidence
to convict.It’s an argu-
ment that rarely sways
appellate judges.
A GIRL’S DEATH OVER
SNEAKERS
Prosecutors from the
Miami-Dade State At-
torney’s Office say
Camps-Lacayo lost her life
during the botched theft
of three pairs of name
brand sneakers that she
and her boyfriend,both
Miami-Dade high-school
seniors,were trying to sell
to make some money
during the early days of
the COVID-19 pandemic.
The prosecutors suc-
cessfully argued that Wal-
ton and friend Adrian
Cosby were trying to steal
three new pairs of Adidas
Yeezy sneakers,a pricey
joint venture between the
shoe giant and music
superstar Kanye West.
The shoes sell for $2 35 in
retail stores and much
more on the re-sale mar-
ket.
According to police and
prosecutors,Camps-La-
cayo’s boyfriend,Sergio
Berben,—a prolific In-
stagram user in high
school and who said he
used the social-media site
to dabble in stock trades
—advertised the resale of
the Yeezys on an Insta-
gram page that he created
and called kickzone305.
Prosecutors said he was
contacted by direct mes-
sage on the app on the
morning of April 7,2020,
by Eric Readon,who was
Facetiming with Walton at
the same time he was
negotiating a sale price
with Berben.
They agreed on a sale
price of $935.With no
meeting time or place yet
set,Berben picked up his
girlfriend to go out to
breakfast before heading
over to the gated commu-
nity in the 2 7000 block of
Southwest 12 1st Court,
where he expected to
meet Readon.
When Berben and
Camps-Lacayo arrived at
the community at 1:15
p.m.,Berben contacted
Readon,who directed him
to the front of an aban-
doned home.While Ber-
ben’s white Jeep Wrangler
was parked at the curb
and still in drive with its
engine on,Walton showed
up.Berben lowered his
window,and the two chat-
ted.
Prosecutors said Walton
asked to try on the shoes.
Berben refused,wanting
the money first.Walton
claims to have been look-
ing at the Cash App on his
phone when Cosby
showed up behind him,
walking along the edge of
the road.
Suddenly,prosecutors
say,Cosby lurched toward
the vehicle after pulling a
pistol from his jacket.
Berben began to speed off,
but Cosby got off several
rounds,one striking
Camps-Lacayo in the
stomach,another hitting
Berben’s arm.Berben
drove the Jeep out of the
complex and pulled over
on Southwest 112th Ave-
nue near a Florida Turn-
pike exit and called 911.
Jurors heard the 911 call
in which Berben begged
for help and a dispatcher
did all she could to keep
him calm and help
Camps-Lacayo until help
arrived.They were trans-
ported to a hospital.Ber-
ben survived.His girl-
friend did not.
Though prosecutors
admit Walton didn’t fire
the weapon,that doesn’t
matter under state law.A
person taking part in any
crime when a death occurs
—whether they physically
committed it or not —can
be charged with homicide
in Florida.The gun was
never found.
Cosby was also arrested
and charged with the
same crimes as Walton.
His trial date is set for
April.
‘ROBBERY
THAT WENT BAD’
During Wednesday’s
closing arguments,Miami-
Dade Assistant State At-
torney Sara Imm called
the attempted robbery a
“set up.This was a rob-
bery that went bad,”she
told jurors.
And though the state
couldn’t provide actual
audio or text exchanges in
which a potential robbery
was discussed —Imm
provided a convincing
timeline that showed con-
tinual interactions among
Readon,Cosby and Wal-
ton leading up to the
death of Camps-Lacayo.
She also explained to
jurors how Walton deleted
541 pictures and texts
when police showed up at
Cosby’s home the day
after the murder.
“The robbery did not go
as planned.And as a result
there was loss of life,”
Imm told jurors.“They
did not plan to kill anyone,
but it was reasonably
foreseeable.”
Walton’s attorney,
Greenstein,countered
that the state’s case was
full of “assumptions,sup-
positions and inferences,
but no proof.”And he said
his client didn’t use any
force to try to take the
shoes.
“They proved what?
That they were friends,
that they knew each oth-
er?”he asked the jury.
Responding to the
state’s timeline that
showed Walton and Cosby
running off after the
shooting,Greenstein
called it instinctive.
“He’s done some stupid
things in his life.Running
from this was one of
them,”the lawyer said of
his client.“But running is
natural under these cir-
cumstances.He was
scared.”
Relatives of Andrea Camps-Lacayo embrace after the verdict in Miami on Wednesday.
Miami-Dade Circuit Court Judge Miguel M.de la O was
emotional on Wednesday.‘I can’t give you justice,’he told
Andrea Camps-Lacayo’s family.
PHOTOS BY PEDRO PORTAL pportal@miamiherald.com
Alexander Camps and Maria Camps-Lacayo,the parents
of Andrea Camps-Lacayo,listen to the verdict against
George Oshane Walton on Wednesday in Miami.
FROM PAGE 1A
TRIAL
‘‘HE’S DONE SOME
STUPID THINGS IN
HIS LIFE.RUNNING
FROM THIS WAS
ONE OF THEM.
Attorney Alan Greenstein,
about his client,George
Oshane Walton
9