R5R - Amend Public Alcohol Consumption Rules
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CITY CODE, ENTITLED “MISCELLANEOUS OFFENSES,” BY AMENDING ARTICLE II, ENTITLED “PUBLIC PLACES,” BY AMENDING DIVISION 3, ENTITLED “ALCOHOLIC BEVERAGES,” BY AMENDING SECTION 70-87, ENTITLED “CONSUMPTION, SERVICE, SALE AND POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC PLACES; WARNING SIGNS REQUIRED,” BY AMENDING AND SETTING FORTH EXCEPTIONS TO THE PROHIBITION ON CONSUMING, SERVING, SELLING, OR POSSESSING AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE ON OR IN ANY PUBLIC PLACE; AND BY AMENDING AND CLARIFYING THE RESPONSIBILITIES OF ALCOHOLIC BEVERAGE ESTABLISHMENTS, AND PERSONS OR ENTITIES AUTHORIZED BY THE CITY TO SELL ALCOHOLIC BEVERAGES ON OR IN ANY PUBLIC PLACE, REGARDING THE PROHIBITION ON ALLOWING ANY PERSON TO TAKE AN ALCOHOLIC BEVERAGE FROM THE LICENSED PREMISES OR AUTHORIZED AREA; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Sponsors
Detailed Information
Cached: 1 week agoOrdinances - R5 R
COMMISSION MEMORANDUM
10:45 a.m. First Reading Public Hearing
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed ordinance, sponsored by Vice-Mayor Joseph Magazine, is submitted for consideration by the Mayor and City Commission.
The City of Miami Beach (“City”) is a vibrant community and internationally recognized destination that attracts residents and visitors to its world-class beaches, cultural institutions, restaurants, and shopping and entertainment districts. As such, the City Commission has found it necessary to regulate the consumption, service, sale, and possession of open containers of alcoholic beverages in public places in order to protect the public health, safety, and welfare, and to preserve the quality of life for residents.
However, the City recognizes that certain businesses operating in public places pursuant to an agreement with the City, such as sidewalk café agreements, license agreements, and/or concession agreements, or events operating under valid City-issued special event permits or other valid authorization from the City, provide controlled environments and designated areas in
which the responsible service and consumption of alcoholic beverages may be accommodated without undermining public safety or the general welfare.
Accordingly, the proposed Ordinance would create limited exceptions to the general prohibition on the consumption, service, sale or possession of open containers of alcoholic beverages in public places, specifically for alcohol beverages purchased and consumed entirely within authorized sidewalk café concession areas and other public places duly authorized by the City through agreements, permits, or other valid approvals, but only during the lawful hours for alcoholic beverage service as provided under such authorizations.
FISCAL IMPACT STATEMENT
None.
Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond Project?
No
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Joseph Magazine
Co-sponsor(s)
Condensed Title
10:45 a.m. 1st Rdg PH, Permit Alcoholic Beverages Purchase/Consumption, Beach Concession Area. (JM) CA
Previous Action (For City Clerk Use Only)