Definitions

(a)

For the purposes of this section, the following words and phrases shall have the meanings ascribed to them.

Alcoholic beverages means beer, wine, liquor, and any other beverage as defined in and regulated by Title XXXIV of the Florida Statutes, as amended.

Alcohol service establishment means any establishment that sells or offers for sale alcoholic beverages for consumption on the premises as a principal use. Alcohol service establishments may include, but are not limited to, bars, taverns, cocktail lounges, nightclubs, supper clubs, and microbreweries. Food service establishments where the sale of food is the primary use are excluded from the definition of alcohol service establishment.

Ancillary use means any use which is not the primary use of the establishment.

Bottle club means an establishment with a valid "bottle club" license issued by the state and where alcoholic beverages are not sold but where patrons are allowed to consume alcoholic beverages on the premises.

Cafe means an establishment in which coffee and light meals are served along with the sale of beer or wine for consumption on the premises and that may seat fewer than 20 patrons pursuant to a valid license issued by the state in connection with the operation of said food service establishment. Cafes must derive at least 60 percent of its gross food and beverage revenue from the sale of food and non-alcoholic beverages during the first 60-day operating period and each six-month operating period thereafter. Cafes may include, but are not limited to, Cafes, coffee shops, sandwich shops, and cafeterias. Cafes shall not sell alcoholic beverages after the hours of serving or consumption of food have elapsed.

Convenience store means a retail business opened primarily for the sale of products other than beer or wine and which may sell beer or wine in sealed containers only for consumption off premises. Grocery stores are considered to be convenience stores for purposes of this chapter.

Districts—Industrial. The following transect zones shall be considered districts—industrial for purposes of this chapter: D1, D2, and D3.

Districts—Mixed-use. The following transect zones shall be considered districts—mixed-use for purposes of this chapter: T4-L, T4-O, T5-L, T5-O, T6-L, T6-O, and CI-HD.

Districts—Residential. The following transect zones shall be considered districts—residential for purposes of this chapter: T3-R, T3-L, T3-O, T4-R, T5-R, and T6-R.

Entertainment district means a district within the Urban Central Business District ("UCBD") of the city which allows a high concentration of specialized entertainment alcohol service establishments.

Liquor package store means an establishment licensed by the state to sell alcoholic beverages in sealed containers only for consumption off the premises. Consumption on the premises is strictly prohibited.

Miami 21 Code means the zoning ordinance of the City of Miami, Florida, as amended.

Nightclub means an alcoholic service establishment where such business serves as a place of entertainment open at night providing music and space for dancing and often having a floor show. A nightclub shall provide floor space of at least 400 square feet located in one unit and on the same floor, suitably prepared for dancing, free from tables, chairs, or other obstructions at all times, and generally exceeds 5,000 square feet of total gross floor area.

Pattern of racketeering activity means engaging in at least two incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided that the last of such incidents occurred within five years after a prior incident of racketeering conduct.

Private club means a non-profit establishment whose character is that of a fraternal or social nature and that sells or offers to sell alcoholic beverages by the drink for consumption on the premises pursuant to a valid license issued by the state.

Racketeering activity means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit a violation of this chapter or a violation of F.S. ch. 562, relating to alcoholic beverages.

Restaurant means a food service establishment that meets all of the following requirements:

(1)

Derives at least 51 percent of its gross food and beverage revenue from the sale of food and non-alcoholic beverages during the first 60-day operating period and each 12-month operating period thereafter;

(2)

Licensed by the state's division of hotels and restaurants;

(3)

Sells or offers for sale alcoholic beverages for consumption on the premises pursuant to a valid license issued by the state permitting such activity;

(4)

Equipped to seat at least 20 patrons at one time; and

(5)

Does not sell alcoholic beverages after the hours of serving or consumption of food have elapsed.

Retail specialty center means aa mixed-use development with a minimum of 50,000 square feet of net leasable area made up of a retail mixture of general commercial establishments and Restaurants. In addition to the above, the following are required:

(1)

At least one of the following types of uses: lodging, residential, assembly hall, or office use;

(2)

A unified plan of development which shall include, but not be limited to, plans providing for the different uses in the development to be physically integrated through direct access from one to the other;

(3)

Parking provided by an on-site enclosed garage; and

(4)

All project uses under common management.

Sale and sell means any transfer of an alcoholic beverage for consideration; any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration; or the service of an alcoholic beverage pursuant to any license issued by the state pursuant to Florida Statutes.

Schools mean any elementary school, middle school, or secondary school.

Shopfront means a frontage of a building that is aligned close to the frontage line with the building entrance opening to the sidewalk or street.

Specialty district means a district within a unique and distinctive neighborhood in the city which allows a high concentration of alcohol service establishments.

Waterfront specialty center means a building or buildings with adjacent on-site parking spaces, under common ownership or common management, abutting or linked to a navigable water body, having a unified commercial plan of development, with a minimum of 50,000 square feet of leasable area, and containing a mixture of restaurants, entertainment facilities, and general commercial establishments.

(b)

None of the preceding provisions shall be deemed to modify, repeal, amend, or supersede any of the provisions in the Miami 21 Code.

(Ord. No. 13734, § 3, 1-25-18; Ord. No. 13995, § 2, 5-13-21)