HomeMy WebLinkAbout2021-001-431 Responsible Retail Sales ORDINANCE NO. 2021-001-431
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 6,
ARTICLE V, BY CREATING SECTION 6-2 "RESPONSIBLE
RETAIL SALES" OF THE CODE OF ORDINANCES OF THE
CITY OF MIAMI GARDENS; PROVIDING FOR PENALITIES
AND ENFORCEMENT; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, from Fall 2018 to Spring 2020, the City of Miami Gardens ("City")
Live Healthy Miami Gardens ("LHMG"') Sub-council Alcohol, Tobacco and Other Drugs
("ATOD") spearheaded research to understand the current alcohol retail landscape in
the City and identify policy solutions to reduce consequences associated with the sale
and consumption of high risk alcohol products, and
WHEREAS, several community partners contributed to the work, including the
Resource Room, the Florida Department of Health, the Florida Division of Alcoholic
Beverages & Tobacco, the Miami Dade NAACP Youth Council, Miami Gardens Police
Department, St. Thomas University, and others, and
WHEREAS, the partners' research focused on retailers licensed as "off-premise"
outlets such as liquor stores, grocery stores, convenience stores, gas stations and
drugstores, which sell alcohol for consumption off-premises, and
WHEREAS, law enforcement personnel find alcohol is involved in many arrests,
particularly assaults, robbery, drug offenses, and domestic violence and alcohol use is
distributed throughout all community settings, including residences, retail alcohol
outlets, streets/sidewalks, parking lots, and vehicles, and
WHEREAS, 12 months of 911 calls for service made to the Miami Gardens
Police Department and analyzed by the Miami Gardens ATOD Sub-Council, shows
2,1114 (31%) of the calls occurred within 250' of an off-premise alcohol, and
WHEREAS, in an effort to reduce criminal activity related to off-premise alcohol
outlets, the City desires to amend the City's Code of Ordinances by creating a
Responsible Retail Sales Section, and
WHEREAS, the City Council finds that it is the best interest of the City to adopt
the following Code amendment,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: Chapter 6, Article, V, Section 6-2 entitled
"Responsible Retail Sales" of the Code of Ordinances of the City of Miami Gardens is
hereby created as follows:
Sec. 6-2. — Responsible Retail Sales.
1. Purpose.
To promote a healthy and safe business environment in the City of Miami
Gardens through appropriate and consistent regulations and encourage the
establishment of businesses that will benefit both the local economy and
residents while not placing an undue strain on city resources, nearby
neighborhoods and businesses.
2. Intent.
(a) To place responsibility on retailers to operate in such a manner that
they do not contribute to activity by individuals that results in calls for
service to law enforcement officers.
(b) To protect adjacent neighborhoods from the harmful effects attributable
to problematic sales activity.
(c) To provide opportunities for businesses to operate in a mutually
beneficial relationship to each other and to other commercial and civic
services.
(d) To provide mechanisms to address problems often associated with
irresponsible retail sales activity, such as, such as litter, loitering, graffiti,
public urination, unruly behavior and escalated noise levels.
(e) To ensure that sites retail locations are properly maintained so that
negative impacts generated by these activities are not harmful to the
surrounding environment in any way.
(f) To monitor these retail activities to ensure that they do not substantially
change their mode or character of operation.
3. Required.
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Ordinance No. 2021-001-431
Any food stores/grocery stores/retail drug stores, gas stations with under
10,000 square feet of sales floor space must meet the retail performance
standards.
4. Retail Performance Standards.
The provisions of this section shall be known as the Responsible Retail
Performance Standards and are required of retailers as specified in Section 6-2
(2). A retailer shall conform to the following performance standards:
(a) Comply with all provisions of local, state and federal laws, or
regulations including compliance with annual City business taxes and
fees.
(b) Maintain all signs and advertising in a manner that ensures that law
enforcement personnel have a clear and unobstructed view of the
interior of the premises. This includes the area in which the cash
registers are maintained, from the exterior public sidewalk or entrance
to the premises. This latter requirement shall not apply to premises
where there are no windows, or where existing windows are located at
a height that precludes a view of the interior of the premises to a
person standing outside the premises.
(c) That it does not result in three or more unrelated calls for service made
at the premises withing a six-month period for nuisance activities or
crimes including, but not limited to, the following:
1. disturbance of the peace,
2. illegal drug activity,
3. disorderly conduct,
4. gambling,
5. prostitution,
6. sale of stolen goods,
7. public urination,
8. theft,
9. assaults,
10.batteries,
11.acts of vandalism,
12.excessive littering,
13.loitering,
14.graffiti,
15.illegal parking,
16.excessive loud noises, especially in the late night or early morning hours,
17.traffic violations,
18.curfew violations,
19.lewd conduct.
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Ordinance No. 2021-001-431
(d) That it does not result in adverse effects to the health, peace or safety
of persons residing or working in the surrounding area, including five
calls for service within two-hundred and fifty feet of the retailer within a
six-month period for nuisance activities or crimes described in this
section;
(e) That its upkeep and operating characteristics are compatible with, and
will not adversely affect the livability or appropriate development of
abutting properties and the surrounding neighborhood; and
(f) A copy of these performance standards shall be posted in at least
one prominent place within the interior of the establishment where it
will be readily visible and legible to the employees and patrons of the
retailer and include contact information for reporting suspected
violations.
5. Enforcement Procedures.
(a) Code Officer and/or Police Officers may inspect any business that is the
subject of a law enforcement call for service or public complaint for the
purposes of determining whether a business is out of compliance with any
provision of this ordinance.
(b) Procedures for appeals, hearings, and payments of penalties shall follow the
procedures stated in Chapter 8, Article III of the Code of Ordinances.
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word "Ordinance" may be changed
to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
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Ordinance No. 2021-001-431
PASSED ON FIRST READING ON THE 9th DAY OF DECEMBER, 2020.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TH CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JA UARY , 202 .
RSDNEY HA' " ., AYOR
ATTEST:
/741_ /
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER
Moved by: Vice Mayor Leon
Seconded by: Councilman Stephens
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman lghodaro Yes
Councilwoman Julien Yes
Councilman Stephens, Ill Yes
Councilwoman Wilson Yes
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Ordinance No. 2021-001-431