HomeMy WebLinkAbout2020-009-428 Sale and Consumption of Alcholoic Beverages ORDINANCE NO. 2020-009-428
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 6,
ARTICLE, X, SECTION 6-369 "HOURS AND DAYS OF SALE
AND CONSUMPTION OF ALCOHOLIC BEVERAGES" AND
CHAPTER 34, ARTICLE V, SEC. 34-144 "LICENSING
COMPLIANCE" OF THE CODE OF ORDINANCES OF THE
CITY OF MIAMI GARDENS; 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, in an effort to reduce illegal after-hours sales, the City desires to
amend the City's Code of Ordinances to clarify that gas stations may only sell beer and
wine between the hours of 6:00 a.m. and 12:00 a.m., and
WHEREAS, the City Council finds that it is the best interest of the City to
adopt the following Code amendments,
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 6-369 of the Code of
Ordinances of the City of Miami Gardens is hereby amended as follows:
Sec. 6-369. - Hours and days of sale and consumption of alcoholic
beverages.
(a) Hours and days of sale. Hours of sale, consumption. It shall be unlawful
for any person to purchase or consume, and for any licensee and any manager,
agent or employee of any licensee to sell, serve or distribute in any form or by any
method any alcoholic beverage, as defined in section 34-732 of the city's land
development code, in any place of business except as outlined below:
(1) Banquet halls/hall for hire/caterers. Each day between the hours
of 10:00 a.m. and 1:00 a.m. of the following day.
(2) Food stores/grocery stores/retail drug stores/gas stations.
Between the hours of 6:00 a.m. and 12:00 a.m., of the following day, or
during such hours as their establishments legally remain open for the sale
of other goods; whichever hours are more restrictive.
(3) Not-for-profit theatres with live performances. Sales of alcoholic
beverages shall be permitted only for consumption on the premises and
only to patrons during any regularly scheduled live theatre performance.
No sit-down bar shall be permitted.
(4) Package stores. Each day between the hours of 8:00 a.m. and
12:00 a.m. of the following day, every day.
(5) Nightclubs, discotheques, and clubs. Existing uses shall operate
in accordance with any prior public hearing approvals previously granted.
New uses shall be permitted to operate each day between the hours of
11:00 a.m. and 2:00 a.m. of the following day. However, such uses shall
be entitled to request an extension in accordance with subsection 6-369(b)
of this article.
(6) Adult entertainment clubs. Between the hours of 8:00 a.m. to
4:50 a.m. of the following day Monday to Saturday, and on Sundays
between the hours of 10:00 a.m. to 4:50 a.m. of the following Monday. It is
specifically provided, however, that every adult entertainment club that
may operate in accordance with this section shall close its doors and have
all its patrons off its premises no later than 5:00 a.m. of each day.
(7) Restaurants with accessory bars/lounges. Between the hours of
8:00 a.m. and 1:00 a.m. the following day.
(8) Bars/lounges. Between the hours of 11:00 a.m. and 2:00 a.m.
the following day.
(9) Microbrewery. Between the hours of 11:00 a.m. and 1:00 a.m.
the following day.
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Section 3. AMENDMENT: Chapter 34, Article V, Sec. 34-144 of the Zoning and Land
Development of the Code of Ordinances of the City of Miami Gardens is hereby
amended as follows:
Sec. 34-144. - Licensing compliance.
(a) Prerequisite to issuance of license. Anything to the contrary
notwithstanding, no alcoholic beverage license of any type may be used in a
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manner contrary to this chapter. The license as issued shall note thereon any
special limitations or restrictions applicable due to the zoning on the property.
(b) Prerequisite of sketch indicating location. No certificate of use or
occupancy, license, building or other permit shall be issued to any person, firm or
corporation for the sale of alcoholic beverages to be consumed on or off the
premises where the proposed place of business does not conform to the spacing
requirements as set forth in section 34-145. Applications for certificate of uses for
those establishments not exempt from spacing requirements as set forth in
section 34-145(d), shall for establishing the distance between alcoholic beverage
uses, and between such uses and religious facilities or schools, shall furnish a
certified sketch of survey from a registered engineer or surveyor. Such sketch
shall indicate the distance between the proposed place of business and any
existing alcoholic beverage establishment within 1 ,500 feet, and any religious
facility or school within 2,500 feet. Each sketch shall indicate all such distances
and routes. In event of dispute, the measurement scaled by the city shall govern.
(c) Banquet halls/hall for hire/dancehall. A banquet/hall for hire or
dancehall may offer packages that include food, beverages, flowers,
photography, entertainment, printed invitations, and other items related to a
particular event, provided that each one of those services is offered by a person
or corporation who has a valid city business tax receipt and who complies with all
other requirements of city, county and state law. Whenever a banquet hall
operator seeks to provide the additional services directly, it will be necessary that
the banquet hall operator obtain the additional licenses necessary for those
particular services. A banquet hall operator shall not seek to act as a host
offering activities other than leasing or renting the space or providing party
packages to those leasing the premises for those purposes. Banquet hall
operators or persons renting or leasing banquet halls shall not be permitted to
charge an admission price to patrons.
(d) Bars/lounges. A bar/lounge may be licensed as an accessory or
incidental use to a restaurant, or outdoor cafe. Bars/lounges may be licensed as
a principal use subject to compliance with this chapter. Bars/lounges may be
licensed as an accessory use to the indoor and outdoor premises of a racetrack
or casino gaming facility.
(e) Food stores/grocery stores/retail drug stores, gas stations. Food
store/grocery stores/retail drug stores/gas stations shall be permitted to sell beer
and wine providing compliance with the following:
(1) The licensee holds a valid city certificate of use and business
tax receipt from the city as a food store/grocery store/retail drug store, gas
stations.
(2) The licensee holds a valid state license for the sale of alcoholic
beverages.
(3) The establishment does not derive more than 15 percent of its
revenue from the sale of beer and wine. The required percentage must be
maintained on a daily basis.
(4) The licensee shall not deflate the price of beer and wine or
inflate the price of the served meal from what would be the regular price
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Ordinance No. 2020-009-428
for the beer or wine sold by similar establishments in the city as a means
or method of meeting the minimum required percentage of gross revenue
required by this subpart.
(5) Records of all purchases and gross sales of food and
nonalcoholic beverages must be maintained separately from records of all
purchases and gross sales of beer and wine. Upon request of the city, the
licensee shall provide an independent audit by a certified public
accountant indicating revenues derived from the sale of alcoholic
beverages. The burden is on the licensee to demonstrate compliance with
the requirements for the license, the records required to be kept shall be
legible, clear, and readable.
(6) Sale of beer and wine shall only be permitted during the normal
operating hours of the establishment where all products and items arc for
salebetween the hours of 6:00 a.m. and 12:00 a.m., of the following day,
or during such hours as their establishments legally remain open for the
sale of other goods; whichever hours are more restrictive. Sale of beer
and wine must be made from within the enclosed premises; sales through
windows, a pass-through, or drive-through shall be prohibited.
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Section 4. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 5. 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 6. 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 7. 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.
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Ordinance No. 2020-009-428
OLIVER GILBERT, III, MAYOR
ATTEST:
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, Ill Yes
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Ordinance No. 2020-009-428