HomeMy WebLinkAboutOrdinance 2000-111
ORDINANCE NO. 2000-.1LL
AN INTERIM ORDINANCE OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AMENDING CHAPTER 33, ZONING
ARTICLE XXIV, "BU-l, NEIGHBORHOOD BUSINESS
DISTRICT," WITH RESPECT TO ALLOWING
ENTERTAINMENT IN RESTAURANTS AS A PERMITTED
USE IN 33-238(28); FURTHER AMENDING ARTICLE X,
SECTION 33-150 E(3) AND 33-151 (G), ALCOHOLIC
BEVERAGES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR
INCLUSION INTO THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach by Section 8.3 of its City Charter has adopted the
Code of Miami Dade County as its own Code of Regulations; and
WHEREAS, the City of Sunny Isles Beach, for the health, safety and welfare of its citizens,
desires to allow limited music entertainment in restaurants but also to regulate entertainment in
restaurants in permissible zones and must therefore amend Section 33-238(28), 33-150E(3) and 33-
151 (G) of Chapter 33 Zoning in order to accommodate regulation of entertainment in restaurant.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I.
SECTION 33-238 (28) is hereby amended as follows:
Restaurants and coffee houses or dining room where kitchen is screened or located altogether within
an enclosed building or room and with ample provisions for carrying away or dissipating fumes,
odors, smoke or noise and where premises are so arranged and the business is so conducted as not to
be offensive or obnoxious to occupants of adjoining premises or to passerby. Restaurants and
outdoor (where approved by public hearing) cafe may serve alcoholic beverages where such service
is strictly incidental to the service of food and from a service bar oaly provided DO entertainment ef
any kind is can be furnished. Limited musical entertainment is permitted in restaurants having a
seating capacity of not less than forty (40) people at tables. Such entertainment shall be strictly
incidental to the restaurant use and shall be limited as follows: Sundays throue:h Wednesdays
restaurants shall be permitted two (2) musicians and one (1) singer furnishing musical
entertainment. Thursdays throue:h Saturdays restaurants shall be permitted four (4) musicians
and one (1 ) singer furnishing musical entertainment. Dance floors, outdoor entertainment or speakers
are strictly prohibited. Music that is plainly audible and/or creates a vibration at a distance of more
than 100 feet from the premises shall constitute prima facia evidence of a violation of this ordinance.
No entertainment activity shall be allowed to violate Ordinance 98-34, as may be amended from time
to time, and all entertainment activity shall cease at 2:00 a.m. of the following day providing
however, all entertainment, in any case, shall cease when the service of food to the public closes.
Chap 33, Art. XXIV, BU-I Amendment Ord.
I
Signs of any type or character shall not be exhibited or displayed to the outside denoting that
alcoholic beverages are obtained within.
Section 2
SECTION 33-150 E (3) is hereby amended as follows:
Restaurant in BUl, BUIA District. To dining rooms or restaurants located in the BUlor BUIA
Districts 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
districts complying with the requirements ofBUI and BUIA 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 beverage are sold to persons seated at tables. Limited musical entertainment is nermitted in
restaurants having a seating capacity of not less than forty (40) people at tables. Such entertainment
shall be strictly incidental to the restaurant use and shall be limited as follows: Sundays throue:h
Wednesdays restaurants shall be permitted two (2) musicians and one (1 ) singer furnishing musical
entertainment. Thursdays throue:h Saturdays restaurants shall be nermitted four (4) musicians and
one (1) singer furnishing musical entertainment. Dance floors. outdoor entertainment or sneakers are
strictly prohibited. Music that is plainly audible and/or creates a vibration at a distance of more than
100 feet from the premises shall constitute prima facia evidence of a violation of this ordinance. No
entertainment activity shall be allowed to violate Ordinance 98-34. as may be amended from time to
time. and all entertainment activity shall cease at 2:00 a.m. of the following day providing however.
all entertainment. in any case. shall cease when the service of food to the public closes. Signs of any
type or character shall not be exhibited or displayed to the outside denoting that alcoholic beverages
are obtained within.
Section 3
SECTION 33-151 (G) is hereby amended as follows:
Restaurants. Vendors holding a license from the State beverage department for the sale of alcoholic
beverages for consumption on the premises in restaurants, which are restricted by the zoning
regulations to making such sales with the service of food only, shall make no sales of such alcoholic
beverage OB weekdays ~eept betweeB the hol:H'S of 8 :00 a.m. and 1 :OQa.lfl OB the folla\ving day, 8fld
shalllflake no sales of beer OB SlHldays e~(eept betweeB the hom's af 10:00 a.m. and 1 :00 a.m. OB the
followmg MonGay; and shall make Be sales af other aleoRolie bevemges OB SWlaays eKeept bet\veen
the hom's of 1 :00 p.m. and 1 :00 a.m. of the following Menday. on Sundays through Wednesdays
except between the hours of8:00 a.m. and 1 :00 a.m. on the following day and shall make no sales of
alcoholic beverage on Thursdays through Saturdays except between the hours of 8:00 a.m. and 2:00
a.m. on the following day. Sales of alcoholic beverages for consumption off the premises shall not be
permitted. Vendors in restaurants located in a proper business zone and conforming to the zoning
regulations permitting unrestricted sales only during the times permitted under subsection (h) hereof.
Section 4. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 5 Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be
Chap 33, Art. XXIV, BU-1 Amendment Ord.
2
affected by such invalidity.
Section 6. Inclusion in the Code. It is the intention of the City Commission and it is hereby
ordained that the provisions of this Ordinance be included and incorporated into the Code of
Ordinances of the City of Sunny Isles Beach as an addition thereto and the sections of this Ordinance
may be renumbered to conform to any uniformed numbering system until such time that they are
modified to prevent noise or vibration from negatively impacting adjacent property or superseded by
the new Land Development Regulations.
Section 7. Effective Date. This Ordinance shall take effect ten (10) days after adoption on
second reading.
PASSED AND ADOPTED on first reading this 15th day of November, 2000.
PASSED AND ADOPTED on second reading this ft~ay of
, 2000.
\ .")
.,.".--
A TtE~T::
~~~~Q~
Ric~d B~own-Motilla, City Clerk
APPROVED AS TO FORM
A D LEGAL SUFFICIENCY:
Moved by: c.OH\l"r\\<;;'S'DI\J~ I<aL'E..~1 A-~
Seconded by: V\C.<c.. (j\ A~OR f.(AAr"'FYYlt\N
VOTE: 5-0
Mayor David Samson
Vice Mayor Lila Kauffman
Commissioner Daniel Iglesias
Commissioner Connie Morrow
Commissioner Irving Turetsky
(yes) V
(yes) 17'
(yes) V
(yes) ~
(yes) _
(no)_
(no)_
(no)_
(no)_
(no)_
Chap 33, Art. XXIV, BU-l Amendment Ord.
3