Distance separation

(a)

For alcohol service establishments, liquor package stores, and bottle clubs. For purposes of this chapter, any distancing requirements set forth shall be measured from the front door of a licensed establishment to the front door of a proposed establishment with the same license type along the route of ordinary pedestrian traffic.

(b)

From alcohol service establishments, liquor package stores, and bottle clubs to districts—residential, religious facilities, or schools. For purposes of this chapter, any distancing requirements set forth shall be measured from the front door of a licensed establishment to the nearest point on a parcel of land along the route of ordinary pedestrian traffic.

(c)

Distance separation within the city's boundaries in districts—mixed-use and districts—industrial for licensed establishments under the laws of the state that allow for the consumption or sale of liquor on or off the premises and/or beer or wine for consumption on the premises shall be a minimum of 1,500 feet from a license of the same type.

(d)

The specified districts as set forth below are subject to the following modifications to distancing and use requirements for alcohol service establishments only: EXPAND District Minimum Distance Notes UCBD Exhibit "A" 500 feet Restaurants and cafes are allowed by right.   Alcohol service establishments are allowed by right in T6 transect zones. Central Design District Exhibit "B" 500 feet Restaurants and cafes are allowed by right. Midtown Exhibit "C" 1,500 feet Alcohol service establishments are allowed by right. Omni CRA Exhibit "D" 1,500 feet unless within the UCBD where 500 feet shall apply Alcohol service establishments are allowed by right in T6 transect zones. Southeast Overtown/Park West CRA Exhibit "E" 1,500 feet unless within the UCBD where 500 feet shall apply Alcohol service establishments are allowed by right in T6 transect zones.

(e)

Existing establishments requiring distance requirements as set forth above may be moved to a distance not greater than 300 feet from the original location by right. If the alcohol service establishment prior to being moved is legal nonconforming to the provisions set forth under the section identifying distancing requirements from specified uses to a school or a religious facility, the proposed location shall be located at a greater distance from a school or religious facility than the previous location of the alcohol service establishment.

(f)

Distancing requirements from specified uses. EXPAND Specified Use Minimum Distance Notes District—Residential 500 feet Unless so constructed, arranged, or controlled as to prevent the emission of sounds, vibration, and odors.   For consumption on premises only. Religious facilities in UCBD* 300 feet Does not apply to any licensed alcohol service establishment that precedes the establishment of a religious facility. Schools in UCBD* 300 feet Does not apply to any licensed alcohol service establishment that precedes the establishment of a school. Religious facilities in districts—mixed-use* and districts—industrial* 300 feet Does not apply to any licensed alcohol service establishment that precedes the establishment of a religious facility. Schools in districts—mixed-use* and districts—industrial* 1,000 feet Does not apply to any licensed alcohol service establishment that precedes the establishment of a school.

* Distance requirements may be modified by sections 4-5 and 4-6 of this chapter.

(g)

Reductions in distance set forth above for consumption on premises establishments may be reduced by up to 50 percent by exception issued by the planning, zoning and appeals board ("PZAB") with approval by the city commission pursuant to criteria set forth in section 4-10 of this chapter and the requirements of the Miami 21 Code.

(h)

The requirements as to distance limitations set forth above shall not apply to the following specified uses nor shall establishments meeting the following requirements count as distance impacts to other establishments: EXPAND Specified Use Notes Restaurants • Restaurants that meet the state requirement for the issuance of a 4COP SFS license. A restaurant meeting the requirements of a 4COP SFS license may substitute said license with a 4COP quota license. • Restaurants not meeting the requirements set forth above shall be allowed the allocation of a 4COP quota license by warrant. • Restaurants with a 2COP license. • Restaurants shall have no signs advertising the sale of alcoholic beverages visible from the exterior. • Restaurants shall always be subject to audit and inspection by the city for the purpose of determining that such establishments are complying with the requirements set forth in this Code. Cafes • Cafes shall be allowed the use of a 2COP license by warrant. • Cafes shall always be subject to audit and inspection by the city for the purpose of determining that such establishments are complying with the requirements set forth in this Code. Residential or Mixed-Use Buildings • For mixed-use buildings with 100—299 dwelling units, one alcohol service establishment is allowed by exception. • For mixed-use buildings with 300—399 dwelling units, one alcohol service establishment is allowed by right and one additional alcohol service establishment is allowed by exception. • For mixed-use buildings with 400 or more dwelling units, two alcohol service establishments are allowed by right and one additional alcohol service establishment is allowed by exception. • Alcohol service establishments with shopfronts are not exempt from distance separation requirements. Lodging • One alcohol service establishment per 50 or more guestrooms or historic structures with one or more rooms as provided by Florida Statutes. • Alcohol service establishments with shopfronts not exempt from distance separation requirements. Office or Work/Live • One alcohol service establishment per 60,000 square feet devoted to and maintained for office space. • Alcohol service establishments with shopfronts are not exempt from distance requirements. Private Clubs • Must be chartered in the county for not less than three months. Waterfront Specialty Center • Must be located on city-owned property. • Allowed by exception with city commission approval. • Within any one waterfront specialty center, not more than 50 percent of the waterfront specialty center's establishments shall be issued certificates of use or temporary certificates of use as an alcohol service establishment. • If a waterfront specialty center is located within a specialty district or entertainment district, the alcohol service establishments within the waterfront specialty center shall not be counted against the total number of alcohol service establishments allowed within the specialty district or entertainment district. Retail Specialty Center • Shall not exceed one alcohol service establishment per 20,000 gross square feet of the retail component. • Shall not exceed five total alcohol service establishments. • If a retail specialty center is located within a specialty district or entertainment district, the alcohol service establishments within the retail specialty center shall not be counted against the total number of alcohol service establishments allowed within the specialty district or entertainment district. • One security guard per 100 seats when alcoholic beverages are served for consumption on the premises is required. • Retail specialty centers are designated by development agreement approved by the city commission or by determination of the zoning administrator as to the requirements set forth in section 4-2 of this chapter. Special Uses for which special Alcoholic Beverage Licenses are issued by the State but for which Uses are not otherwise addressed herein • Must meet state requirements for the corresponding license type. • Allowed as an ancillary use to the respective principal use with an active certificate of use or temporary certificate of use. • Including, but not limited to, the following state licenses: H, HBX, SBX, SPX, SAL, SCX, SCC, SA, IX, X, SL, PVP, 11-PA-C, 11PA-P, FEX, SWP, 11C, 11CG, 11CGPC, 13CT.

(Ord. No. 13734, § 3, 1-25-18)