O-628-01 ORDINANCE NO. 628-01
AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA,
AMENDING ZONING ORDINANCE NO. 270,ARTICLE VI.
SPECIAL APPROVALS,ADDING SECTION 610, RELATING TO
THE GRANTING OF SPECIAL CONDITIONAL USE PERMIT TO
RESTAURANTS FOR CONSUMPTION OF BEER AND WINE ON
PREMISES, DEFINING RESTAURANTS, PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, The Village Council has expressed a desire to allow for the serving of beer
and/or wine in conjunction with certain restaurant businesses within Miami Shores Village as a
special conditional use; and,
WHEREAS, Existing provisions within the Code of Ordinances expressly prohibit beer
and/or wine sales in B-1 or B-2 Zoning Districts; and,
WHEREAS, At the present time, it is in the best interests of the Village to amend the
Code to allow the Village Council to issue Special Conditional Use Permits which would allow
restaurants to sell beer and/or wine for consumption on the premises subject to conditions stated;
NOW, THEREFORE BE IT ORDAINED by the Village Council of Miami Shores
Village, Florida,that:
Section 1. The Miami Shores Village Code of Ordinances is hereby amended by
adding a section to be numbered Section 610 which said section reads as follows:
SECTION 610 - GRANTING OF SPECIAL CONDITIONAL USE PERMIT TO
RESTAURANTS FOR CONSUMPTION OF BEER AND WINE ON PREMISES
Notwithstanding anything to the contrary contained in the Miami Shores Land
Development and Zoning Code, and in the Schedule and Zoning map which form a part thereof,
the Village Council, may from time to time, grant special approval hereunder for conditional use
permits to restaurants, as defined hereinafter,within any B-1 or B-2 zoning district to permit such
restaurant to serve beer and wine for consumption on premises in accordance with all State and
County regulations pertaining thereto. The Village is authorized to charge a permit fee in an
amount not to exceed$250.00 annually. Each permit shall expire one year after the date of
issuance thereof; however,permit holders, in advance of their permit's expiration,may apply to
the Village Council for renewal thereof. In approving the issuance or renewal of any such
permit, the Village Council, in its discretion, it may deem necessary to serve the purposes of the
Miami Shores Land Development and Zoning Code at set forth in Section 100 thereof. Said
permits and renewals thereof shall be non-assignable, shall create no vested rights and are subject
to being revoked by the Council upon such terms and conditions as may be specially provided for
therein. For purposes of this section,the term"restaurant" shall be defined as establishments
open a minimum of five days per week, serving cooked meals, including lunch and dinner
prepared on the premises,to the general public, for profit, which derive at least 50% of their
revenue from the sale of food prepared on the premises.
Section 2. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith are hereby repealed,but only insofar as such ordinances may be inconsistent or in
conflict with this Ordinance.
Section 3. If any section, sentence, cause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction,then said holding shall in no
way effect the validity of the remaining portions of this Ordinance, which shall be deemed to be
severable therefrom.
Section 4. This Ordinance shall become effective immediately upon its adoption on
second reading.
Passed on first reading this 6t' day of February 2001.
Passed and adopted on second and final reading this 20' day of Febn.15
ATTEST: Mark S. Ulmer, Mayor
Barbara A. Fugazzi, dMe
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan, Village Att ey
beer-wineOrd