Permits and public hearings

(a)

Alcohol reservation. Any applicant who wishes to open an alcohol service establishment within the city may submit an alcohol reservation letter request identifying the proposed location to the office of zoning for analysis along with a distance survey from a licensed and certified surveyor which addresses all distancing requirements from the proposed location within this chapter if necessary to establish the use and provide payment of $200.00 for processing. If the requirements as set forth in this chapter are met, an alcohol reservation letter may be issued by the zoning administrator. Said alcohol reservation letter shall be valid for three months from the date of issuance with the possibility of one-year extensions if the zoning administrator is presented with active building permits, submission of a warrant application, lease agreement, or any other documentation which the zoning administrator deems to be evidence of reasonable progress in acquiring a certificate of use for an alcohol service establishment at the proposed location. Each extension requires a letter of intent, the proposed evidence of reasonable progress, and $200.00 for processing. The alcohol reservation letter will reserve the location during the approved amount of time from encroachment of newly-proposed alcohol service establishments, religious facilities, or schools until the acquisition of a certificate of use from the office of zoning.

(b)

Warrant. Where denoted in this chapter as necessary for approval, the property owner/applicant shall obtain a warrant as specified in the Miami 21 Code. In reviewing a warrant application, the director of planning shall apply the following supplemental review criteria in addition to the standard criteria for warrants as specified in Article 4, Table 12 of the Miami 21 Code:

(1)

Operational plan. An operational/business plan that addresses hours of operation, number of employees, menu items, business goals, and other operational characteristics pertinent to the application.

(2)

Parking. Regardless of parking requirements specified in the Miami 21 Code, adaptive re-use of existing buildings for the use requested in the warrant shall not require any additional parking; however, new buildings utilizing this exemption shall be required to provide a parking plan which fully describes where and how the parking is to be provided and utilized, e.g., valet, self-park, shared parking, after-hour metered spaces, and the manner in which the parking is to be managed. By a separate warrant (in addition to the warrant required for the subject alcohol service establishment), 100 percent of the required parking may be located offsite within a distance of 600 feet from the subject alcohol service establishment if the proposed parking is to be "self-park" and a distance of 1,000 feet from the subject alcohol service establishment if the proposed parking is to be by "valet".

(3)

For alcohol service establishments proposing capacities over 300 persons, an indoor/outdoor crowd control plan that addresses how large groups of people waiting to gain entry into the alcohol service establishment and already on the premises will be controlled.

(4)

A security plan for the alcohol service establishment and any parking facility.

(5)

For alcohol service establishments proposing capacities over 300 persons, a traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated.

(6)

A sanitation plan which addresses on-site facilities as well as off-premises issues resulting from the operation of the alcohol service establishment.

(7)

A plan depicting proximity of the proposed alcohol service establishment to districts—residential.

(8)

If the proposed alcohol service establishment is within 200 feet of any residential use, a noise attenuation plan that addresses how noise will be controlled shall be required.

(c)

Exception. Pursuant to the Miami 21 Code, all alcohol service establishments that require an exception shall be subject to approval by the PZAB, and when required, final approval by city commission. Alcohol service establishments requesting extensions of hours of operations or variance from distance requirements shall only be permitted by process of exception with final approval by the city commission.

In determining the appropriateness of such request, the PZAB and the city commission, as applicable, shall take into consideration the recommendation of the department of planning based on the following materials to be submitted by the applicant as criteria as well as the criteria listed in the Miami 21 Code:

(1)

An operational/business plan that addresses hours of operation, number of employees, menu items, business goals, and other operational characteristics pertinent to the application.

(2)

A parking plan which fully describes where and how the parking is to be provided and utilized, e.g., valet, self-park, shared parking, after-hour metered spaces, and the manner in which the parking is to be managed. The city commission or the PZAB, as applicable, may grant approval for 100 percent of the required parking to be located offsite within a distance of 600 feet from the subject alcohol service establishment if the proposed parking is to be "self-park" and a distance of 1,000 feet from the subject alcohol service establishment if the proposed parking is to be by "valet."

(3)

For alcohol service establishments proposing capacities over 300 persons, an indoor/outdoor crowd control plan that addresses how large groups of people waiting to gain entry into the alcohol service establishment and already on the premises will be controlled.

(4)

A security plan for the alcohol service establishment and any parking facility.

(5)

For alcohol service establishments proposing capacities over 300 persons, a traffic study and traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated.

(6)

A sanitation plan which addresses on-site facilities as well as off-premises issues resulting from the operation of the alcohol service establishment.

(7)

Proximity of the proposed alcohol service establishment to districts—residential.

(8)

If the proposed alcohol service establishment is within 200 feet of any residential use, a noise attenuation plan that addresses how noise will be controlled shall be required, especially in the case of indoor/outdoor uses.

(Ord. No. 13734, § 3, 1-25-18)