Loading...
HomeMy WebLinkAboutOrdinance 2006-261 ORDINANCE NO. 2006- :z.lo ,_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 2006-246 RELATING TO ALCOHOLIC BEVERAGE ORDINANCE; PROVIDING FOR A CHANGE IN THE PROHIBITED HOURS OF OPERA TION FOR HOTELS AND APARTMENT-HOTELS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, on February 16, 2006, the City Commission adopted Ordinance No. 2006- 246 in order to regulate the location of alcoholic beverage establishments within its jurisdictional limits and the hours of sale of alcoholic beverages; and WHEREAS, Sunny Isles Beach is a coastal community which attracts tourists, the City Commission wishes to amend the permitted hours of sale of alcoholic beverages for hotels and apartment hotels. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. follows: Amendment. Sunny Isles Beach Ordinance No. 2006-246 is hereby amended as Hours of Operation. The opening and closing hours of all alcoholic beverages establishments and the hours of sale of alcoholic beverages shall be the following: (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 during weekdays Monday through Thursday except between the hours of 8:00 a.m. and 10:00 p.m., Friday and Saturday between the hours of 8:00 a.m. and 12:00 a.m. of the following day and Sundays between the hours of 1 :00 p.m. to 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 alcoholic beverages 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 regulations as heretofore or hereafter adopted. (b) J'vlarinas, piers and fishing camps. Vendors in marinas, piers, and fishing camps holding a license from the State beverage department for the sale of alcoholic 02006- Alcoholic Beverages Ord Revised 061406 Page I of 4 beverages shall make no sale of such alcoholic beverages on week days except between the hours of 8:00 a.m. and 1 :00 a.m. of the following day, and between the hours of 5:00 p.m. on Sunday and 1 :00 a.m. of the following Monday; provided, however, that such vendors may make sales of beer only for consumption on the premises between the hours of 1 :00 a.m. on Sunday and 1 :00 a.m. of the following Monday. (c) Charter boats. Vendors holding a license from the State beverage department for the sale of beer for consumption on charter boats shall make no sale of beer on weekdays except between the hours of 8:00a.m. and 1 :00 a.m. of the following day, and shall make no sale of beer on Sundays except between the hours of 10:00 a.m. and 1 :00 a.m. on the following Monday. No such sales shall be made by any charter boat until after having put out to sea. (d) Hotels and apartment hotels. Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in hotels and motels apartment hotels located in the MUR District, \vhich are restricted by the zoning reg'..Ilations to making such sales to guests only, shall make no sales of such alcoholic beverages except between the hours of 8:00 a.m. and -l-4fG 4:00 a.m. on the following day on weekdays, and shall make no sale of Beef alcoholic beverages on Sundays, except between the hours of 10:00 a.m. and -l-4fG 4:00 a.m. on the following Monday~; and shall make no sale of any other alcoholic beverages on Sundays mwept between the hoars of 5:00 p.m. and 1 :00 a.m. on the follo',Ving Monday. In hotels and motels located proper basiness zones and conforming to the zoning regulations permitting anrestricted sales of alcoholic beverages, fiNo sales of alcoholic beverages shall be made except during the times permitted under Subsection (h) hereof at any location outside the building footprint except between the hours of 8:00 a.m. and 1 :00 a.m. on the following day on weekdays, and shall make no sale of alcoholic beverages on Sundays, except between the hours of 10:00 a.m. and 1 :00 a.m. on the following Monday. Notwithstanding any provisions in Section (d), alcoholic beverages may be served by room service only on a 24-hour basis everyday of the week including weekends. Hotels or apartment hotels located outside the MUR District shall make no sales of such alcoholic beverages except between the hours of 8:00 a.m. and 1 :00 a.m. on the following day on weekdays and shall make no sale of alcoholic beverages on Sunday, except between the hours of 5:00 p.m. and 1 :00 a.m. on the following Monday. (e) Restaurants. Vendors holding license from the State beverage department for 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 beverages on weekdays except between the hours of 8:00 a.m. and 1 :00 a.m. on the following day, and shall make no sales of beer on Sundays except between the hours of 10:00 a.m. and I :00 a.m. on the following Monday, and shall make no sales of other alcoholic beverages on Sundays except between the hours of 1 :00 p.m. and 1 :00 a.m. on the following Monday. Sales of alcoholic beverages for consumption off the premises shall not be permitted. Vendors in restaurants located 02006-261 Alcoholic Beverages Ord Page 2 of 4 in a proper business zone and conforming to the zoning regulations permlttmg unrestricted sales only during the times permitted under Subsection (h) hereof. (f) Bars and Cocktail Lounges. Vendors having a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in those bars and cocktail lounges that are not restricted by the zoning regulations to guests only, or to service with food, or the like, shall make no sales of such alcoholic beverages on weekdays except between the hours of 8:00 a.m. and 1 :00 a.m. of the following day; and shall make no sales of beer on Sundays except between the hours of 10:00 a.m. and 1 :00 a.m. of the following Monday; and shall make no sales of any other alcoholic beverages on Sunday except between the hours of 5:00 p.m. and 1 :00 a.m. of the following Monday; sales of beer for consumption off premises shall not be made on weekdays except between the hours of 8 :00 a.m. and 1 :00 a.m. of the following day; and shall not be made on Sundays except between the hours of 10:00 a.m. and 1 :00 a.m. of the following Monday. (g) Nightclub. Any nightclub which holds a nightclub license from the City and which holds a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises from I :00 a.m. to 4.50 a.m. of the following day during week days and on Sundays to remain open and sell for consumption on the premises from 1 :00 a.m. to 4:50 a.m. of the following Monday; and to remain open and sell other alcoholic beverages on Sunday for the consumption on the premises, shall be permitted to sell alcoholic beverages for consumption on the premises from 5:00 p.m. to 4.50 a.m. of the following Monday; except that where the alcoholic beverages are served with meals at tables, the same may be served from 1 :00 p.m. on Sunday to 4.50 a.m. on the following Monday. (h) Package sales on Christmas Eve and New Year's Eve and Sundays during the month of December. All vendors in the City of Sunny Isles Beach holding valid, current licenses from the State beverages department for the 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 3 I st.), and between the hours of 8:00 a.m. and 1 :00 p.m. on Sundays during the month of December, the provisions of Subsection (a) of this section to the contrary notwithstanding. Section 2. 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 shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. 02006- Alcoholic Beverages Ord Revised 061406 Page 3 01'4 Section 4. Inclusion in the Code. 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 City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or to other appropriate word. Section 5. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. PASSED and ADO PTED on first reading the I S.J.J.. day of ~ U/yIJL. 2006. PASSED and ADOPTED on second reading the2~ day Of-.J~ 2006. ATTEST: ~ \t1I\u ~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND L ~L S FFICIENCY: Seconded by: Co~~r\t.y -rH~~A2- 6 Vt'VMt~1 0 n.) ~_ 7.GL~ Jl4s. Moved by: VOTE: 5-'D Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler ~es) ~es) ~es) ~es) Wes) _(No) _(No) _(No) (No) _(No) 02006- Alcoholic Beverages Ord Revisecl 061406 Page 4 01'4 TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, City Clerk MEMORANDUM Robert Solera, Code Enforcement & Licensing Department Director Helena Forbes, Occupational Licensing Official Priscilla Walker, CMC, Deputy City Clerkr+?t.D~~ July 27,2006 Revised Alcoholic Beverage Ordinance At its regular meeting of July 20, 2006, the City Commission adopted Ordinance No. 2006-261, which amended the City's alcoholic beverage ordinance. Attached is a copy of the ordinance for your files. Thank you. Attachments cc: A. John Szerlag, City Manager Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager Alcoholic Bev Revised Ord Trans Memo