HomeMy WebLinkAboutOrdinance 2017-512 ORDINANCE NO. 2017- 5t2-
AN
1ZAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 98 OF
THE CODE OF ORDINANCES REGARDING ALCOHOLIC
BEVERAGES TO CLARIFY THE HOTEL EXCEPTION TO THE
ALCOHOL BUFFER DISTANCE REQUIREMENTS; PROVIDING
FOR REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the purpose of Chapter 98 ("Alcoholic Beverages") of the Code of
Ordinances of Sunny Isles Beach is to secure the general health, safety and welfare of City residents
by regulating the manner in which alcoholic beverages are sold; and
WHEREAS, Section 98-4 the City Code authorizes the City to regulate the distance
between premises that sell alcoholic beverages and a church or public school; and
WHEREAS, the City wishes to amend Section 98-5 of the City Code to clarify the hotel
exception to alcoholic buffer distance requirements.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this Ordinance
upon adoption hereof.
Section 2. Amendment. Section 98-5 of the Code of Ordinances of the City of Sunny Isles Beach
are hereby amended to read as follows:
§ 98-4 Location of establishments
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 750 feet from a place of business having an existing, unabandoned, legally
established alcoholic beverage use which permits consumption on or off the premises and from a
church, public park or public school.
A. The seven-hundred-fifty-feet distance requirements shall be measured by following a
straight line from the nearest portion of the structure of the place of business.
B. Sketch indicating location. For the purpose of establishing the distance between alcoholic
beverage uses, and between such uses and churches, public parks 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
Ordinance Amending Chapter 98-5—Alcoholic Beverages I
•
Words underlined are added,words stfieken are deleted.
beverage establishment and anychurch, public park or school within 750 feet. In case of
alcoholic
g
dispute, the measurement scaled by the City Manager or designee shall govern.
§ 98-5 Exceptions from distance requirements.
The restrictions and spacing requirements set forth in § 98-4 above shall not apply to:
A. ESTABLISHMENTS IN MUR, TOWN CENTER AND B-1 DISTRICTS. Cocktail lounges
and bars located in MUR District and which conform to the requirements of said District.
Cocktail lounges and bars located in hotels in Town Center and B-1 Districts.
Section 3. 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 affected by such invalidity.
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 other appropriate word, as required.
,Section 5. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed.
Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the 0.9 day of 14 rif M6 , 2017.
ist-
PASSED and ADOPTED on second reading this ay o f be'CEvA27 2018.
George H. oll, Mayor
(�_ AT' �` pr
e ituurep:77
Maurio'o"iteta cur; CMC, City Clerk
re) t 44,•
Ordinance Amending Chapter 98-5—Alcoholic Beverages 2
Words underlined are added.words stricken are deleted.
APPROVED AS TO FORM
AND a' • /S , FICIENCY:
Aar
Fispr. 'ot, ity Attorney
Moved by: CovskiW.i 4St o N6''2 S I CA41 rl
Second by: C COffiffil sc.406w12. a 6-TT-0
VOTE:
Mayor Scholl (yes) 1/ (no)
Vice Mayor Goldman (yes) ✓ (no)
Commissioner Aelion (yes (no)
Commissioner Gatto (yes) ✓ (no)
Commissioner Svechin (yes)I (no)
Ordinance Amending Chapter 98-5—Alcoholic Beverages 3
Words underlined are added,words stricken are deleted.