HomeMy WebLinkAbout2020-008-427 Cooler Restrictions ORDINANCE NO. 2020-008-427
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 6,
ARTICLE X, BY CREATING SECTION 6-371 "COOLER
RESTRICTIONS" OF THE CODE OF ORDINANCES OF THE
CITY OF MIAMI GARDENS; PROVIDING FOR PENALTIES 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, 54% of 911 police calls emanate from the One Thousand (1,000)
foot buffers surrounding off-premise alcohol outlets that comprise 33% of the City's total
land, 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 Cooler
Restrictions 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 X, Section 6-371 entitled "Cooler
Restrictions" of the Code of Ordinances of the City of Miami Gardens is hereby created
as follows:
Sec. 6-371. — Cooler Restrictions.
1. Definitions.
Checkout area means any area that is accessible to a customer of
the Retail store that is:
(1) within 20 feet of any Register; or
(2) in an area where the Retail Store directs customers to wait
in line to make a purchase.
Chest cooler means any free-standing unit that can cool food or
beverages by ice.
Cooler means any unit that can cool or freeze food or beverages
primarily by refrigeration.
Retail store means a commercial establishment selling goods to the
public.
Register means a cash register or similar device that calculates the
sales of goods, holds money, and displays the amount of sales for the
customer.
2. Cooler prohibited location.
(a) Chest coolers and coolers, if they contain alcoholic beverages as defined in
Section 34-732 of the city's land development code, are prohibited in the
checkout area of a retail store.
3. Locking coolers.
(a) Retailers with under 5,000 square feet of floor space must lock any cooler if it
contains alcoholic beverages, as defined in Section 34-732 of the city's land
development code, between the hours of 12am and 6am.
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
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Ordinance No. 2020-008-427
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.
PASSED ON FIRST READING ON THE 14th DAY OF OCTOBER, 2020.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS VIRTUAL SPECIAL MEETING HELD ON OCTOBER 28, 2020.UOLI R GILBERT, Ill, MAYOR
ATTEST:4 �-1
,1),
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: COUNCILWOMAN KATRINA WILSON AND CITY MANAGER CAMERON BENSON
Moved by: Mayor Gilbert
Seconded by: Vice Mayor Harris
VOTE: 6-0
Mayor Gilbert Yes
Vice Mayor/Councilman Harris Yes
Councilwoman Campbell Yes
Councilman Leon Yes
Councilwoman Wilson Yes
Councilman Williams Jr. Absent
Councilman Stephens, III Yes
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Ordinance No. 2020-008-427