FR.2 - AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES;" MORE PARTICULARLY BY AMENDING SECTION 4-6 OF THE CITY CODE TO CREATE THE “ALLAPATTAH ENTERTAINMENT DISTRICT” GENERALLY BOUNDED ON THE NORTH BY NORTHWEST 23 STREET BETWEEN NORTHWEST 14 AVENUE AND NORTHWEST 13 AVENUE AND BY NORTHWEST 22 STREET BETWEEN NORTHWEST 13 AVENUE AND NORTHWEST 12 AVENUE, ON THE EAST BY NORTHWEST 13 AVENUE BETWEEN NORTHWEST 23 STREET AND NORTHWEST 22 STREET AND BY NORTHWEST 12 AVENUE BETWEEN NORTHWEST 22 STREET AND NORTHWEST 21 STREET, ON THE SOUTH BY NORTHWEST 21 STREET, AND ON THE WEST BY NORTHWEST 14 AVENUE AS DEPICTED IN EXHIBIT “P”; PROVIDING FOR APPLICABILITY IN THE MIAMI PRODUCE SPECIAL AREA PLAN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS,theStateofFloridaexpresslyallowsmunicipalitiestoenactordinances regulating alcoholic beverages with regards to hours of operation, locations of businesses, and types of entertainment among others; and WHEREAS,theCityofMiami(“City”)hasincorporatedregulationswithrespecttothe sale of alcoholic beverages in Chapter 4 of the Code of the City of Miami, Florida, as amended (“City Code”); and WHEREAS,creatingtheAllapattahEntertainmentDistrict(“District”)will helprevitalize andbringnewinvestmenttotheDistrictandhopefullyinspireadditionalredevelopmentefforts within the District to the benefit of the Allapattah neighborhood and the City; and WHEREAS,theCitywishestocreatetheAllapattahEntertainmentDistrictfortheareaindicatedintheattachedandincorporatedExhibit“P”;and WHEREAS, the Allapattah Entertainment District would allow a certain amount of alcoholserviceestablishmentsByRightifcertainconditionsaremet, providealternatehoursof operation and distancing requirements for such establishments, and allow outdoor dining associated with such establishments By Right; and WHEREAS,astheAllapattahneighborhoodispredominantlyindustrialin nature,forboth indoor and outdoor uses, this Allapattah Entertainment District would greatly benefit the City’s residents, businesses, and visitors; and WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”), at its meeting on October 7, 2026, following an advertised public hearing, adopted Resolution No. PZAB-R-26-066 by a vote of eight to zero (8 - 0), Item No. PZAB. 4, recommending approval of the amendment to the City Code, as described herein; and WHEREAS, the Miami Produce Special Area Plan (“Miami Produce SAP”) was approved by the City Commission and is subject to a Development Agreement governing the development of the property; and WHEREAS, Section 163.3233, Florida Statutes, provides that a local government may apply subsequently adopted laws and policies to property subject to a development agreement following a public hearing and a determination that one or more of the statutory criteria have been satisfied; and WHEREAS, the Miami Produce SAP is located within the boundaries of the proposed Allapattah Entertainment District, as depicted in Exhibit “P,” attached and incorporated herein; and WHEREAS, pursuant to Section 163.3233, Florida Statutes, the City Commission finds that the regulations established by this Ordinance are consistent with and do not conflict with the laws and policies governing the Miami Produce SAP Development Agreement and do not prevent the development of the land uses, intensities, or densities authorized therein; and WHEREAS, the City Commission further finds that the application of the Allapattah Entertainment District regulations to the Miami Produce SAP will support economic development, encourage compatible entertainment and commercial activities, and advance the revitalization of the Allapattah neighborhood; and WHEREAS,aftercarefulconsiderationofthismatter, itisdeemedadvisableandin the best interest of the general welfare of the City and its residents to amend Chapter 4 of the City Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section1.TherecitalsandfindingscontainedinthePreambletothis Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section2.Chapter4oftheCityCodeis hereby amended in the following particulars: “CHAPTER4 ALCOHOLICBEVERAGES \*\*\* Sec.4-6.EntertainmentDistricts. The restrictions as to distances between Alcohol Service Establishments herein shall not be applicable within Entertainment Districts as defined in Section 4-2 of the City Code and as designated by the City Commission. Location of Alcohol Service Establishments within EntertainmentDistrictsshallnotbeutilizedwhencalculatingdistancerequirementsofreligious facilities and Alcohol Service Establishments located outside the Entertainment District, whether existing or new. The following Entertainment Districts within the City are described below: | | | | | | --- | --- | --- | --- | | Entertainment District | Permitand Cap | Hoursof Closing | Notes | | Brickell Village Exhibit“K” | | | | | Brickell Riverside Exhibit“L” | Warrant 6 Total | 5:00a.m. | ·Shall not be located fewer than 300 feetfromareligiousfacilityoraschool. | | ParkWest Exhibit
“M” | Warrant 5 Total | 5:00a.m. | ·Shall not be located fewer than 300 feetfromareligiousfacilityorschool. | | Media
Exhibit“N” | Warrant 11Total | N/A | ·Shall not be located fewer than 300 feetfromareligiousfacilityorschool. | | Overtown
Exhibit“O” | Warrant 7 Total | 5:00a.m. | ·Shall not be located fewer than 300 feetfromareligiousfacilityorschool. | | Allapattah
Exhibit “P” | By Right\*
5 Total | 5:00a.m. | ·Shallnotbelocatedfewerthan300feet from a religious facility or school.
·Outdoor dining in connection with such use is By Right | \*ShallbeByRightifthefollowingcriteriaaremetfor themaximumofAlcoholService Establishments allowed in the District: -IflocatedinaTransectZonewhereinAlcoholServiceEstablishmentareallowed,pursuanttothe Zoning Code; -ProvidesanOperationalPlanthataddresseshoursofoperation,numberofemployees,menuitems,businessgoals,security,sanitation,noiseattenuationiflocatedwithin200feetof anyresidentialuseorzone,anindoor/outdoorcrowdcontrolplanforestablishments proposingcapacitiesover300persons,andotheroperationalcharacteristicspertinenttothe application; -ProvidesanAlcoholReservationLetter;and -Meetsallotherapplicableregulations. \*\*\*” Section 3. The boundaries of the Allapattah EntertainmentDistrictareasdepictedinExhibit“P”attachedandmadeaparthereof. Section 4. Pursuant to Section 163.3233(2)(a), Florida Statutes, and following a public hearing, the City Commission finds and determines that the provisions of this Ordinance do not conflict with the laws and policies governing the Miami Produce SAP Development Agreement and do not prevent the development of the land uses, intensities, or densities authorized by said Development Agreement. Section 5.  Pursuant to Section 163.3233, Florida Statutes, the regulations established by this Ordinance, including permitted Alcohol Service Establishments, hours of operation, applicable distance separation requirements, and outdoor dining provisions, shall apply to the Miami Produce SAP, subject to compliance with all other applicable provisions of the City Code and Miami 21 Code. Section6.Ifanysection,partofasection,paragraph,clause,phrase,orword ofthisResolutionisdeclaredinvalid,theremainingprovisionsofthisOrdinanceshall not be affected. Section7.ThisOrdinanceshallbecomeeffectiveimmediatelyuponadoption and signature of the Mayor.