2002-25ORDINANCE NO. 2002-25
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 4,
"ALCOHOLIC BEVERAGES," BY AMENDING
PARAGRAPH (A) "DISTANCE FROM OTHER
ESTABLISHMENTS", PARAGRAPH (B) "DISTANCE FROM
RELIGIOUS FACILITY OR SCHOOL", AND PARAGRAPH
(E) "EXCEPTIONS TO SPACING AND DISTANCE
REQUIREMENTS," OF SECTION 4-2 "LOCATION OF
ESTABLISHMENTS"; AND BY REPEALING SECTION 4-6
"ZONING DISTRICT REGULATIONS" TO CLARIFY THAT
CONDITIONAL USE IS THE APPLICABLE CRITERIA AND
TO DELETE THE OBSOLETE REFERENCE TO MIAMI-
DADE COUNTY CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission finds it necessary to update language contained
in Chapter 4, "Alcoholic Beverages", that is inconsistent with the City's Land Development
Regulations; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS~:
Section 1. Recitals. That the above recitals are true and correct and incorporated
herein by this reference.
Section 2. City Code Amended. That Section 4-2 "Location of establishments"
of Chapter 4 "Alcoholic Beverages" of the City Code is hereby amended by amending
paragraph (a) "Distance from other establishments", paragraph (b) "Distance from religious
facility or school', and paragraph (e) "Exceptions to spacing and distance requirements" to
read as follows:
Sec. 4-2. Location of establishments.
(a) Distance from other establishments. Unless approved as a spec, iai
..... *;-"- conditional use, no premises shall be used for the sale of
any alcoholic beverages, as defined herein, to be consumed on or off
z Underlined provisions constitute proposed additions to existing text;v..._.v.."*-="~'"" *~'....v-~..~'
provisions indicate proposed deletions from existing text.
Ordinance No. 2002-25
Page 2
the premises where the structure or place of business intended for
such use is located less than 1,500 feet from a place of business
having an existing, unabandoned, legally established (and not one of
the uses excepted from the spacing requirements hereinafter provided)
alcoholic beverage use which permits consumption on or off the
premises. The 1,500 feet distance requirements shall be measured by
following a straight line from the nearest portion of the structure of the
place of business.
(b)
Distance from religious facility or school. Unless approved as a
¢,~, conditional use, no premises shall be used for the
sale of alcoholic beverages to be consumed on or off the premises
where the structure or place of business intended for such use is
located less than 2,500 feet from a religious facility or school. The
2,500 foot distance requirement shall be measured and computed as
follows:
(e) Exceptions to spacing and distance requirements. The restrictions and
spacing requirements set forth in subsections (a) and (b) above shall not
apply:
(2)
Restaurants in ~ B1 and B2 Zoning Districts. To dining
rooms or restaurants located in the BU4-er-BU-IA B1 and B2 Zoning
Districts and which do not comply with subparagraph (3) below, but
which comply with the requirements of such districts and serve
cooked, full course meals, daily prepared on the premises, or such
other dining rooms or restaurants in other more liberal zoning districts
complying with the requirements of the BU-4-er--BU-IA B1 and B2
Districts and which serve cooked, full course meals, daily prepared
on the premises, providing that only a service bar is used and the
sclc cf alcoholic beverages are sold only to persons seated at tables.
Section 3. Section 4-6 is Repealed. That Section 4-6 "Zoning district regulations"
of Chapter 4 "Alcoholic Beverages" of the City Code is hereby repealed, which reads as
follows:
Ordinance No. 2002-25
Page 3
Section 4. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative
notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code.
intent that this Ordinance shall stand
It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately
upon adoption at second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Commissioner
Holzberg, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on second reading. This motion was seconded by Commissioner
Grossman and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
yes
yes
absent from the reom
yes
yes
absent from the room
yes
Ordinance No. 2002- 2__5
Page 4
PASSED on first reading this 3rd day of September, 2002.
PASSED AND ADOPTED on second reading this 1st day of October, 2002.
,,/EC'[:R-EY'~4. PERLOW, 'MAYOR
TEP~, M. SOR~I~ ,, CM(~
CITY~LERK C
APPROVED AS TO LEGAL SUFFICIENCY:
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