Loading...
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. ************************************************ 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 Page 2 of 5 Ordinance No. 2020-009-428 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 Page 3 of 5 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. **************************************************** 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. Page 4 of 5 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 Page 5 of 5 Ordinance No. 2020-009-428