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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