HomeMy WebLinkAboutO-2016-002 Amending Chapter 4 - PMUD District ORDINANCE NO. 2016-002
AN ORDINANCE OF THE CITY COMMISION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND CHAPTER 4 "ALCOHOLIC BEVERAGES"
OF THE CITY'S CODE OF ORDINANCES BY AMENDING ARTICLE 1 "IN
GENERAL" PROVIDING FOR REGULATIONS PERTAINING TO
ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED WITHIN THE
PLANNED MIXED USE DEVELOPMENT DISTRICT (PMUD); AMENDING
ARTICLE II "OPERATION REGULATIONS" TO PROVIDE FOR
MODIFICATIONS AND REGULATIONS TO NOTICE AND REGULATIONS
FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED WITHIN
THE PLANNED MIXED USE DEVELOPMENT DISTRICT (PMUD);
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR INCLUSION IN THE CODE; FURTHER PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances (the "City Code") in order to
update regulations and procedures to implement municipal goals and objectives; and
WHEREAS, the City Commission has identified a need to provide regulations and
standards for properties located within the Planned Mixed Use Development District (the
"PMUD"); and
WHEREAS, the City Commission desires to provide for modifications and regulations
concerning notice and regulations for alcoholic beverage establishments located within the
PMUD; and
WHEREAS, pursuant to Section 166.041 (3)(a), Florida Statutes, notice has been given
by publication in a paper of general circulation in the City, notifying the public of this proposed
Ordinance and of the time and dates of the public hearings; and
WHEREAS, two (2) public hearings were held before the City Commission pursuant to
the published notice described above; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City, and
furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 4 "Alcoholic Beverages," Article I "In General" of the City
of Dania Beach Code of Ordinances is amended to read as follows:
ARTICLE I. -IN GENERAL
Sec. 4-3. - Proximity of one business to another.
Section 110-50. 'Proximity of alcoholic beverage establishments to other establishments and
uses" of the Land Development Code, shall regulate proximity between alcoholic beverage
establishments. Pursuant to section 110-10, regulations pertaining to alcoholic beverage
establishments located within the Planned Mixed Use Development District (PMUD) shall be as
established in the approved Design Development Guidelines (DDG'S).
Section 3. That Chapter 4 "Alcoholic Beverages," Article II "Operation Regulations"
of the City of Dania Beach Code of Ordinances is amended to read as follows:
ARTICLE II. -OPERATION REGULATIONS
Sec. 4-17. - Immoral and improper acts; persons prohibited on premises.
No licensee shall permit the premises licensed under the state beverage law to be used for any
immoral, improper or criminal purposes, neither shall they permit persons of known immoral,
improper or criminal habits to frequent, loiter or assemble on the premises or in the entrance
thereto. It shall be sufficient for compliance with this Sec. 4-17 that a licensee post notice on the
property that persons of known immoral, improper or criminal habits are not permitted to
frequent, loiter or assemble on the premises. Such notice shall be no smaller than I I" x 17" in
size using a font no smaller than 11 point and placed in areas clearly visible to patrons
frequenting the premises.
Sec. 4-18.1. -Extended hours license.
2 ORDINANCE#2016-002
(a) Any place of business operating as a restaurant or restaurant bar in the city, which is duly
and regularly licensed by this state to prepare, sell and serve full course meals to the public,
and if such place of business sells and dispenses alcoholic beverages, and if it is duly and
regularly licensed by this state to sell and dispense alcoholic beverages, wine or beer therein,
may apply for an extended hours license. Such license application shall be processed by the
city clerk and placed by that officer on the planning and zoning board agenda for a hearing
and applicant shall be notified of the date of such hearing. The planning and zoning board
shall at the time of the hearing make a recommendation to the city that the commission grant
the license, deny the license, or grant the license subject to specific conditions. Upon such
recommendation by the planning and zoning board, the application shall be placed on the
city commission agenda and applicant shall be notified of the date of the city commission
hearing on such application. The city commission after proper hearing may grant the license,
deny the license, or grant the license subject to specific conditions. The annual fee for the
issuance of such license shall be one thousand two hundred fifty dollars ($1,250.00). Such
extended hours license shall permit and extend the hours in which such licensee may remain
open until 4:00 a.m. on any day, except New Year's Day, when such license shall permit the
operator to stay open until 5:00 a.m. As a condition of the receipt of the extended hours
license, the licensee agrees to close its place of business at 4:00 a.m. on each day, 5:00 a.m.
on New Year's Day, and reopen no earlier than 7:00 a.m. During such closing times, it shall
be unlawful for the licensee to permit any members of the public to be or remain at its place
of business for any purpose. A separate extended hours license for sale of alcoholic
beverages between the hours of 11:00 a.m. and 12:00 p.m. on Sundays may be approved as
provided in this chapter with payment to the city of an annual license fee of three hundred
dollars ($300.00). All such extended hours licenses are hereby declared to be and are
regulatory in nature. Every such license shall expire on September 30 of each and every year
unless previously renewed by the city manager. Any place of business that wishes to make
an initial application for an extended hours license shall pay a nonrefundable application fee
in the amount of two hundred fifty dollars ($250.00) to defray the costs of investigation of
such applicant. Such fee shall be submitted with the application for such license, and no
application shall be accepted by the city unless accompanied by that fee.
(b) For purposes of this section, a restaurant is defined as any place of business whose primary
activity is the preparation, selling and serving of full course meals to the public within that
business establishment. A restaurant/bar may qualify under this article where such bar is
directly connected with the restaurant, operated by the same management in connection with
the restaurant and the primary activity of that business establishment is the preparation,
selling and service of full course meals to the public. Restaurants as defined for this section
are subject to the health and sanitation requirements of Chapter 13, Article VI of the Dania
Beach Code. The sale of any alcoholic beverage shall be incidental to any food service and
shall be prohibited except when the restaurant is actively engaged in serving of full course
meals to the public.
(c) The specific criteria for the planning and zoning board's recommendation and for the city
commission's determination in making a decision on the application may include, without
being limited to,the following:
3 ORDINANCE#2016-002
(1) The amount of off-street parking in relation to the demands created by the extra hours
of operation, especially with regard to the adverse impact on adjacent residential areas
of any illegal or hazardous parking.
(2) The amount and degree of law enforcement activities generated by the operation of any
restaurant or restaurant/bar, both outside and inside the particular location, with
particular emphasis on vandalism, noise, vehicular use by patrons and illegal activity of
any kind by employees, patrons or others associated with the establishment.
(3) The adverse effects, if any, that the extended hours of operation will have on
neighboring properties, especially with respect to the effects of noise, parking and glare
from headlights or exterior lighting on nearby residential properties.
(d) The city commission may require, as a condition of the privilege of extending hours of
operation, compliance with any reasonable conditions deemed by the commission to be
necessary to mitigate or eliminate the adverse effects of such extended hours. These
conditions may include, without being limited to provision by the owner or operator, at
his/her expense, of additional off-street parking, security personnel and screening and
buffering from nearby properties. The commission may also require that the licensed
establishments be wholly enclosed, soundproofed, and air-conditioned, with any windows,
doors or other openings be kept closed, except for normal and emergency ingress and egress,
in order that noise and music emanating therefrom will not disturb the peace and quiet of the
neighborhood. The owner shall record in the public records of Broward County, Florida, a
covenant running with the land which expressly sets forth any and all conditions required.
(e) Any applicant for an extended hours license must be enrolled in the Responsible Vendor
Program and must continue to be a member in the Responsible Vendor Program as a
condition of holding an extended hours license.
(f) The granting of an extended hours license to a particular licensee is a privilege subject to
revocation at any time by the city commission, and no person may reasonably rely on a
continuation of that privilege. The renewal of any extended hours license shall first be
approved by the city manager, and shall be processed by the department of community
development. If the city manager approves the renewal, the license shall be issued upon
payment of the aforementioned fee. If the city manager denies the renewal, the licensee shall
have twenty days from the date of the notice of denial to appeal the decision to the zoning
and planning board. The zoning and planning board shall use the criteria specified in
subsections (c) and(d) above in determining said appeal.
(g) If the city manager, upon recommendation from the city commission, determines prior to the
renewal date that the licensee has violated a condition of issuance, renewal or is operating in
a manner harmful to the public health, safety or welfare, the city manager shall place on the
city commission agenda the matter of revoking the extended hours license. Written notice of
the charges against the licensee shall be sent to him/her at least ten (10) days in advance and
shall also contain the date, time and place of such agenda item. After consideration of the
matter and allowing the licensee to be heard, the city commission may revoke, modify or
condition the extended hours license. If the commission, in its sole discretion, determines
that the actions of the licensee are of such a nature as to pose a threat or otherwise
negatively impact the health, safety and welfare of the citizens of the city, the commission
may also revoke the privilege of selling, delivering or permitting consumption of alcoholic
4 ORDINANCE#2016-002
beverages up to 3:00 a.m. on any day of the week, including Sunday. The criteria to be used
by the city manager and commission in such matters shall be the criteria specified in
subsections (c) and (d) above. Should the license or privilege be revoked, conditioned or
modified, the licensee may seek review of such actions before the commission after three (3)
months. The commission may then modify or refuse to modify its action. Only one such
review shall be given within a twelve-month period.
(h) The costs incurred by the city in investigating any of the matters included in subsections (c),
(d) and (f) in either a revocation or denial of renewal proceeding of an a restaurant's
extended hours license shall be paid by the licensee to the city. These costs shall be in
addition to the initial application fee and the annual license fee required by this section and
shall not exceed five thousand dollars ($5,000.00) for any one proceeding.
Where a conflict exists, the adopted Design Development Guidelines for property zoned PMUD
shall supersede the provisions of section 4-18.1.
Sec. 4-20. -Hours for entertainment.
No person licensed under the state beverage law, except nightclubs, shall allow or permit
between the hours of 11:00 p.m. and 7:00 a.m. the following morning, instrumental music,
singing or other forms of entertainment, in any room where beers, wines, liquors or alcoholic
beverages are sold or offered for sale, indoors or outdoors, unless such room or rooms are
sound-proofed, in order that the noise therefrom may not disrupt the peace and quiet of the
neighborhood. It is intended hereby that in rooms sound-proofed as defined herein, music,
singing and other forms of entertainment may be conducted during the hours that alcoholic
beverages may be sold, as set forth herein, but at no other hours. Where a conflict exists, the
adopted Design Development Guidelines for property zoned PMUD shall supersede the
provisions of section 4-20.
Sec. 4-23. - Permitting presence of minors.
Persons selling or dispensing intoxicating beverages shall not permit minors to go or remain in
the room or place where the bar or dispensary of alcoholic beverages is located under any
circumstances, even though accompanied by their parents or adult persons, except where food is
served. Provided that this section shall not apply where such presence is permitted under Florida
Statutes, Section 562.13 and shall not apply to licensed vendors operating in compliance with
Design Development Guidelines approved for property zoned PMUD.
Sec. 4-25. - Sale of package goods.
5 ORDINANCE#2016-002
No person shall sell package goods except across the counter within the building which is the
address of the person holding a license for the sale of such intoxicating liquor. No package
goods shall be delivered or caused to be delivered off the premises of vendor after 8:00 p.m.
This section shall be construed as requiring all such sales to be made with both the purchaser
and vendor within the vendor's building, in a well-lighted area, affording both the vendor and
the purchaser ample opportunity to observe one another and, so each may observe the identity
of the other, and the vendor to learn the age of the purchaser. Where a conflict exists, the
adopted Design Development Guidelines for property zoned PMUD shall supersede the
provisions of section 4-25.
Sec. 4-33. - Obstructions to view; partitions; doors.
No wholesale or retail liquor or alcoholic beverage dealer shall permit or allow on his premises
where such liquor or alcoholic beverages are sold:
(a) Any screen, blind, curtain, partition, article or thing in the windows or upon the doors, which
shall prevent a clear view into the interior of such licensed premises from the sidewalk at all
times.
(b) Any booth, screen, partition or other obstruction in the interior of such licensed premises,
totally obstructing the view.
(c)Any saloon swinging entrance doors.
(d) Any opening or means of entrance or passageway for persons or things between licensed
premises and any other room or place in the building containing the licensed premises, or any
adjoining or abutting premises. All glass in any windows or doors on such licensed premises
shall be clear and shall not be opaque, colored, stained or frosted. This shall not be construed to
mean openings into dining rooms, kitchens, toilet or other legitimate connecting rooms.
(e) The provisions of this section 4-33 shall not apply to vendors operatingin compliance with
the Design Development Guidelines approved for property zoned PMUD.
Sec. 4-34. - Sales on licensed premises only.
No person shall sell or serve, by the drink, any intoxicating liquor, other than malt beverages of
legal alcoholic content, (malt beverages meaning beer or ale), except within the building which is
the address of the person holding a state license for the sale of intoxicating liquor. This section
shall not apply to the sale, service and consumption of intoxicating liquors by vendors operating
in compliance with the Design Development Guidelines approved for property zoned PMUD
which supersede section 4-34.
6 ORDINANCE#2016-002
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 6. This Ordinance shall be codified in accordance with the foregoing. It is
the intention of the City Commission that the provisions of this Ordinance shall become and be
made a part of the City of Dania Beach Code of Ordinances; and that the sections of this
Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to
"section", "article" or such other appropriate word or phrase in order to accomplish such
intentions.
Section 7. This Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on January 26, 2016.
PASSED AND ADOPTED on second reading on February 9, 2016.
ATTEST:
�o�ARq'S FIRST Cal
LOUISE STILSON, CMC ALVINO, SR.
CITY CLERK , YOR
O
1
APPROVED AS TO FO A D CO SS:
THOMAS JrANSB
CITY ATTORNEY
7 ORDINANCE#2016-002