2006 0119 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida 7C. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Establishing Distance Requirements for Alcoholic Beverage Establishments; Providing for Purpose and Intent; Providing for Definitions; Providing for Exceptions from Distance Requirements; Establishing License Requirements; Establishing Hours of Operations; Providing for Issuance of Conditional Use Permits by the City Commission; Providing for Penalties; Providing for Severability; Providing for a Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Vera reported and noted that when the City was incorporated it adopted the Miami-Dade County Code as its Code. The County Code does not address the unique circumstances of the City and staffbelieves it is necessary to adopt regulations for alcoholic beverage establishments as the separation requirements in the County Code are not tailored to a small city. He said the County requires 2,SOO feet from any church or school, and this proposed Ordinance establishes a 750-foot distance requirement for alcoholic beverage establishments. He said that only one wine and spirits store is permitted per shopping plaza, a public hearing is required to establish a wine and spirits store in a shopping plaza where one already exists. Public Speakers: Arnold Shevlin Arnold Shevlin representing RK Associates, who owns the majority of shopping centers in the City and has the only two properties that are affected by this Ordinance. He said he would like to address three issues: 1) hours of operation: in the proposed ordinance staff are proposing that package stores be allowed to open until 10:00 p.m. on Friday and Saturday nights. Currently they have one established liquor store that has been in the City for a long time at 180th and Collins A venue, and one new store that is currently a beer and wine store and wants to convert to liquor, and both tenants have requested that they be allowed to remain open on Friday and Saturday nights until midnight; 2) for clarification purposes for existing restaurants, nightclubs and establishments in the shopping center, he wanted to make sure on the record that whatever zoning they currently have and whatever resolutions were previously passed for them to have their nightclub licenses and sell liquor along with the restaurants would remain as is. Assistant City Manager Vera said that any conforming liquor store or establishment that sells alcohol whether it was through public hearing approval at the County or at this City will remain with whatever approval was under that resolution; 3) the original proposal was for liquor stores to remain closed on Sundays, and we had come to the Commission three years ago for their existing store and requested that they be open after 1 :00 p.m. on Sunday, but he thought that had been modified already. Mayor Edelcup said as to their hours he does not have any problem on Sunday opening after 1 :00 p.m. Assistant City Manager Vera asked what would be the closing time on Sunday, at 10:00 p.m.? Mayor Edelcup said yes that would be appropriate and noted that Interim City Manager Chief Maas said that would be appropriate from the City point of view. Commissioner Thaler said that being open until 1 0:00 p.m. on a Sunday was late, that most of them close at 8:00 p.m., but he was not objecting. Assistant City Manager Vera clarified that the package stores would be open Monday through Thursday 8:00 a.m. to 10:00 p.m.; Friday and Saturday from 8:00 a.m. to midnight; and Sundays from 1 :00 p.m. to 10:00 p.m. Commissioner Thaler noted that there was also a change in the paperwork from 500 feet to 7S0 feet distance from a church or school. 7