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98-10 ORDINANCE NO. 98-10 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY CREATING CHAPTER 4 OF THE CITY CODE "ALCOHOLIC BEVERAGES"; PROVIDING FOR THE REGULATION OF HOURS AND DAYS OF SALE AND LOCATION OF PLACE OF BUSINESS FOR SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR DEFINITIONS; REPLACING COUNTY ZONING RESTRICTIONS ON HOURS AND DAYS OF SALE AND LOCATION OF PLACE OF BUSINESS, MAINTAINING COUNTY ZONING DISTRICT REGULATIONS; PROVIDING FOR REGULATION OF CONDUCT CONCERNING HOURS AND DAYS OF SALE; PROVIDING FOR INSPECTIONS; PROVIDING FOR SEVERABILITY, PENALTY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, state law recognizes the power of counties and municipalities to regulate the location of place of business for sale of alcoholic beverages and the hours and days of sale of such alcoholic beverages; and WHEREAS, the Miami-Dade County Code provides certain restrictions on the location of the place of business and upon the hours and days of sale of alcoholic beverages; and WHEREAS, the City Commission finds that it is necessary to restrict and regulate the location of place of business and hours and days of sale of alcoholic beverages, as provided herein, so as to protect and enhance the quality of life in the City; WHEREAS, in accordance with Ordinance 96-27 of the City of Aventura, the City Commission has been designated as the local planning agency for the City pursuant to Section 163,3174, Florida Statutes; and Ordinance No. 98-10 Page 2 WHEREAS, the City Commission has reviewed the regulations set forth in this Ordinance and has determined that such regulations are consistent with the applicable provisions of the Comprehensive Plan of Miami-Dade County, as made applicable to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the City Code is hereby amended by adopting and creating Chapter 4 "Alcoholic Beverages," to read as follows: CHAPTER 4 ALCOHOLIC BEVERAGES Section 4-1. Definitions. For the purposes of this Chapter, the following words shall have the meanings indicated unless their context clearly requires otherwise: (a) Alcoholic beverages. The term "alcoholic beverages" shall be as defined by Section 561.01(4), Florida Statutes. (b) Beer. The word "beer" shall be as defined in Section 563.01, Florida Statutes. (c) Religious facility. The term "religious facility" shall be defined as a church, synagogue or other structure in which worship services pertaining to a particular system of religious beliefs are lawfully held. (d) School. The term "school" shall be defined as an educational institution, public or private, offering a curriculum acceptable by local and state educational officials to fulfill legal requirements of education for elementary through high school levels, or any part thereof. A school shall not include boarding schools or other special purpose schools. (e) Wine. The word "wine" shall be as defined in Section 564.01, Florida Statutes. (f) Other terms utilized in this Chapter shall be defined as provided in the State Beverage Law designated in Section 561.01(6), 2 Ordinance No. 98-10 Page 3 Florida Statutes or in Section 33-1 of the Miami-Dade County Code, if not defined in the State Beverage Law. Section 4-2. Location of establishments. (A) Distance from other establishments. Unless approved as a special exception, no premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the structure or place of business intended for such use is located less than fifteen hundred (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 fifteen hundred (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 special exception, 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 twenty-five hundred (2,500) feet from a religious facility or school. The twenty-five- hundred foot distance requirement shall be measured and computed as follow~: (1) From a religious facility, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the religious facility grounds, and (2) From a school, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the school grounds. (C) Compliance prerequisite to issuance of licenses, permits and certificates. No certificete 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 requirements of subsections (A) and (B) above. (D) Any uses, created and established in a legal manner, which may thereafter become legally nonconforming, may continue until there is an abandonment. Once a nonconforming use is abandoned it cannot be re-established unless it cen conform to the requirements of this chapter. Abandonment shall consist of a e_,hange of use or of a suspension of active business with the public for a period of not less than three (3) months, or Ordinance No. 98-10 Page 4 prior to the end of the period, on a written declaration of abandonment by the tenant and owner of the premises if under lease, and if not, by the owner. (E). Exceptions to spacing and distance requirements. The restrictions and spacing requirements set forth in subsections (A) and (B) above shall not apply: (1) To private clubs, provided such clubs conform to all the requirements of a private club as stated in the State Beverage Law and other applicable State laws, and providing that there are no signs of any type exhibited or displayed or other indications that can be seen from the exterior of the clubhouse, building or structure that alcoholic beverages are served. Before a certificate of use and occupancy to serve alcoholic beverages will be issued, the applicant must submit necessary data to prove that it is eligible for the use and complies with the State Beverage Law or other applicable State laws; provided, anything to the contrary notwithstanding, these requirements must be complied with, even though the club intends to serve only beer and/or wine. (2) RESTAURANTS IN BU-1, BU-1A ZONING DISTRICTS. To dining rooms or restaurants located in the BU-I or BU-1A Zoning Districts and which do not comply with subparagraph (4) 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- I or BU-IA District and which serve cooked, full course meals, daily prepared on the premises, providing that only a service bar is used and the sale of alcoholic beverages are sold only to persons seated at tables. (3) COCKTAIL LOUNGES IN RESTAURANTS. To cocktail lounges in restaurants which restaurants contain all necessary equipment and supplies for and serve full course meals regularly, and have accommodations for service of two hundred (200) or more patrons at tables, including bars or counters at which full course meals are available, and provided the restaurant occupies more than four thousand (4,000) square feet of floor space. (4) BEER AND WINE FOR OFF-PREMISES CONSUMPTION. To the sale of beer and wine as a grocery item for consumption off the premises, from grocery stores and meat markets within the hours adopted and prescribed by the City Commission. (5) ALCOHOLIC BEVERAGES IN BOWLING ALLEYS. 4 Ordinance No. 98-10 Page 5 (a) Where the bowling alley has facilities for the service of food and beverages and has accommodations for at least sixty (60) patrons at tables, and (b) Provided that the bowling alley secures an alcoholic beverage license from the State of Florida pursuant to Florida'Statute 561.20(2)(c). (6) HOTELS AND MOTELS WHICH CONTAIN AT LEAST ONE HUNDRED (100) GUEST ROOMS UNDER THE SAME ROOF. (7) GOLF COURSE CLUBHOUSES AND REFRESHMENT STANDS LOCATED ON SAID GOLF COURSE. Provided a bona fide regular, standard golf course is maintained and consists of at least nine (9) holes, with clubhouse, locker rooms and attendant golf facilities and comprising in all at least one hundred (100) acres of land. Failure of such club to maintain the golf course, clubhouse and golf facilities shall automatically terminate the privilege of selling alcoholic beverages. (8) EXCURSION, SIGHTSEEING OR TOUR BOATS. To excursion, sightseeing or tour boats, providing the operators thereof obtain a State beverage license for such boats, the same being designated as their place of business, upon compliance with all the laws relating to vendors operating places of business where consumption on the premises is permitted; provided that such excursion, sightseeing or tour boats contain all the necessary equipment and supplies in order to, and do, serve full course meals regularly, and have accommodations at all times for the service of two hundred (200) or more patrons at tables and occupying more than four thousand (4,000) square feet of space. (9) TENNIS CLUBS AND INDOOR RACQUETBALL CLUBS. To any chartered or incorporated club owning or leasing and maintaining any bona fide tennis club or four-wall indoor racquetball club consisting of not less than ten (10) regulation-size tennis courts or ten (10) regulation-size four-wall indoor racquetball courts, or a combination of tennis courts and four-wall indoor racquetball courts numbering fifteen (15), with clubhouse facilities, pro shop, locker rooms, and attendant tennis or racquetball facilities, all located on a contiguous tract of land owned or leased by such club and providing that there are no signs of any type exhibited or displayed or other indications that can be seen from the . exterior of the clubhouse, building or structure that alcoholic beverages are served. This provision shall likewise apply to comparable squash facilities. Ordinance No. 98-10 Page 6 (10) NOT-FOR-PROFIT THEATRES WITH LIVE PERFORMANCES. To any State-chartered not-for-profit legal entity organized principally for the purpose of operating a theatre with live stage performances and with not fewer than one hundred (100) seats. 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. Notwithstanding the above, it is expressly provided that the exception to spacing and distance requirements shall not be available to any alcoholic beverage establishment, other than that described in paragraph (E)(4) "Beer and Wine for off-premises Consumption," unless alcoholic beverage sales and service are conducted solely for on-premises consumption of alcoholic beverages. (F) Prerequisites to use of premises as exception. For the purpose of this chapter, the right to use premises for the sale of beer, wine or liquor for consumption on, or off, such premises shall be established at such time as a building permit is issued, the application for which states that such use is to be established, and provided the structure for which the building permit was issued is completed, and an occupancy permit issued for such use within the time prescribed for the completion of said structure under these regulations. In cases where the use is to be established in an existing structure, such use will be considered as existing at such time as the occupancy permit for such use has been issued, provided the use has been established within the time prescribed in the permit. (G) Sketch indicating location. For the purpose of establishing the distance between alcoholic beverage uses, and between such uses and religious facilities or public schools, the applicant for such use 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 2,000 feet, and any religious facility or school within 3,000 feet. Each sketch shall indicate all such distances and routes. In case of dispute, the measurement scaled by the City shall govern. (H) Expansion of nonconforming use. Legally existing alcoholic beverage uses made nonconforming by reason of the regulations establishing distance restrictions between such uses, or any of them, or between any such uses and religious facilities or schools, shall not be expanded unless and until such expansion shall have been approved by the City Commission as a non-use variance after a public hearing. "Expansion" as used herein, shall include the enlargement of space for such use and uses incidental thereto, and the extension of a beer and wine bar to include intoxicating liquor. 6 Ordinance No. 98-10 Page 7 Nothing herein, however, shall be deemed an attempt to modify any prohibition or make less restrictive any requirement imposed by the laws of the State of Florida. (I) Certificate void after thirty (30) days if premises not established. All alcoholic beverage uses must be established on the premises within thirty (30) days of the date of the issuance of a certificate of use and occupancy, otherwise said certificate of use and occupancy shall be null and void. (J) Compliance prerequisite to issuance of license. Anything to the contrary notwithstanding, no alcoholic beverage license of any type may be used in a manner contrary to this chapter. No license shall be issued by the State unless a current certificate of use or occupancy in the applicant's name accompanies the application. The license as issued shall note thereon any special limitations or restrictions applicable due to the zoning on the property. Section 4-3. Hours and days of sale. No alcoholic beverages shall be sold or served except at such hours and on such days and by such vendors as set forth below: (a) Establishments for package sales only. Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption off the premises only, shall make no sale of alcoholic beverages except between the hours of 8:00 a.m. and 10:00 p.m.; provided, however, that vendors operating stores primarily for the sale of products other than alcoholic beverages (excepting such stores as are nonconforming under the zoning regulations) may make sales of beer in sealed containers for consumption off the premises during such hours as their stores legally remain open for the sale of other goods; provided further, however, that nothing in the foregoing provision shall be deemed to modify any of the provisions of the zoning district regulations as heretofore or hereafter adopted. (b) Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in private clubs shall make no sale of such alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. of the following day. (c) Hotels and motels. Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in hotels and motels shall make no sales of such Ordinance No. 98-10 Page 8 alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. of the following day. (d) Bars and cocktail lounges. Vendors having a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises of bars and cocktail lounges shall make no sales of such alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. of the following day, except that Vendors described in Section 4-2(E)(3) above, having an SRX license from the State Beverage Department, may continue sales until 3:00 a.m. (e) Package sales on Christmas Eve and New Year's Eve. All vendors holding valid, current licenses from the State beverage department for sale of alcoholic beverages for consumption off the premises (establishments for package sales only) may make sales and keep their places of business open until 12:00 midnight on Christmas Eve (December 24th) and New Year's Eve (December 31st). (f) Golf courses clubhouse and ancillary refreshment stands. Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in lounges in golf course clubhouses and ancillary refreshment stands shall make no sales of such alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. of the following day. (g) Not-for profit theatres with live performances. Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in State chartered not-for-profit theatres with live performances shall make no sale of alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. on the following day. (h) Extension of hours. Any establishment wishing to extend its hours of operation beyond the closing times set out herein may file an application for City Commission public hearing for the extension of such hours. The criteria applicable to the grant of such extended hours shall be that which is applicable to the grant of a non-use zoning variance. Any establishment having previously been authorized to extend its hours of operation by public hearing may continue to operate pursuant to the extension granted previously and no further public hearing is necessary, unless the City Commission, by ordinance, acts to further restrict or terminate such extended hours, under principles which are applicable to the amortization and termination of lawfully non-conforming status. 8 Ordinance No. 98-10 Page 9 (i) Catch all provision. Any other alcoholic beverage vending establishment holding a license from the State beverage department which is not listed and provided for in paragraphs (a)-(h) above, shall make no sale of alcoholic beverages except between the hours of 8:00 a,m and 1:00 a.m. of the following day. Section 4-4. Hours of Sale, Consumption. (a) (1) It shall be unlawful for any person to purchase 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, in any place of business licensed under the State Beverage Law, at any time other than during the hours and days of sale or consumption authorized in Section 4-3 above. (2) It shall be unlawful for any person to consume and for any licensee and any manager, agent or employee of any licensee to permit a person to consume any alcoholic beverage, in any place of business licensed under the State Beverage Law, at any time other than during the hours and days of sale or consumption authorized in Section 4-3 above. (b) No employee of a licensee shall sell or offer for sale or deliver or serve or permit to be consumed or taken away, any beers, wines, liquors, or alcoholic beverages of any kind other than during the permitted hours and days set forth above. Section 4-5. Inspection of licensed premises. Any place of business selling alcoholic beverages may be inspected by police officers of the City during the business hours of the premises. Section 4-6. Zoning District Regulations. Pursuant to Section 8.03 of the City Charter and City Ordinance No. 97 -15, those portions of Chapter 33 of the Miami-Dade County Code which provide specific zoning district regulations concerning establishments selling or serving alcoholic beverages, shall continue to be applicable in the City, unless in conflict with the restrictions of this ordinance or if otherwise provided by ordinance of the City. Section 2. Replacement of County Code Provisions. The restrictions upon the location of alcoholic beverage establishments and hours and days of sale, service or consumption of alcoholic beverages, as provided in this ordinance, shall replace the 9 Ordinance No. 98-10 Page 10 location of establishments and hours and days of sale, service or consumption restrictions previously provided by Section 33-150 and 33-151, et. seq. of Chapter 33 "Zoning" of the Miami-Dade County Code, as made applicable by City Charter Section 8.03, and Ordinance No. 97-15, except that such County restrictions shall continue to apply to any violation thereof which has occurred prior to the effective date of this ordinance. Section 3. 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 intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Penalty. Any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall be subject to enforcement under the Local Government Code Enforcement ACt, Chapter 162, F.S., as amended, and Ordinance No. 96-14, as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. l0 Ordinance No. 98-t._.~o Page 11 The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Commissioner Cohen, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Jeffrey M. Perlow yes Commissioner Patricia Rogers-Libert yes Vice-Mayor Jay R. Beskin yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Commissioner noZzber~ , who moved its adoption on second reading. The motion was seconded by Commissioner Betger and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Ken Cohen yes Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert ,/es Vice-Mayor Jay R. Beskin Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 17th day of March, 1998. PASSED AND ADOPTED on secon~y April, 1998. (A~THUR I. SNYD'EP~MAYOR ATTEST: ~ ,,¥ , TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Ci:]"~-~TTO RN E:y