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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 Page 2 of 3 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 Page 3 of 3 Ordinance No. 2020-008-427