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ORDINANCE RELATING TO ZONING; AMENDING SECTIONS 33-151 AND 33-238 OF THE CODE OF MIAMIDADE COUNTY, FLORIDA; PERTAINING TO THE HOURS AND DAYS OF SALE OF ALCOHOLIC BEVERAGES AT CERTAIN RESTAURANTS IN BU DISTRICTS, AND REQUIRING THE SERVICE OF CERTAIN FOOD WITH ALCOHOLIC BEVERAGES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMIDADE COUNTY, FLORIDA:
Section 1. Section 33-151 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 33-151. Hours and days of sale.
No alcoholic beverages shall be sold or served within the unincorporated areas of Miami-Dade County except at such hours and on such days and by such vendors as set forth below:

(a) Establishments for package sales only. Vendors holding a license from the State beverage department for the sale of alcoholic beverages for consumption off the premises only, shall make no sale of alcoholic beverages on Sundays, and shall make no sale of alcoholic beverages during weekdays except between the hours of 8:00 a.m. and 10:00 p.m.; provided, however, that vendors operating stores primarily for the sale of products other than alcoholic beverages (excepting such stores as are nonconforming under the zoning regulations) may make sales of beer in sealed containers for consumption off the premises during such hours as their stores legally remain open for the sale of other goods; provided further, however, that nothing in the foregoing proviso shall be deemed to modify any of the provisions of the zoning regulations as heretofore or hereafter adopted. Vendors in bait and tackle installations and camp grounds holding a State license from the beverage department for the sale of beer in sealed containers, for consumption off the premises, shall make no sale of beverages except between the hours of 5:00 a.m. and 7:00 p.m.

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(g) Restaurants. >>Except as provided in subsections (g)(1) and (g)(2) below,<< [[V]]>>v<
>>(g)(1) Vendors in BU Districts located within two hundred fifty (250) feet from any RU or EU District boundary line or residential use, existing as of the effective date of this ordinance, and holding a license from the State beverage department for the sale of alcoholic beverages for consumption on the premises in restaurants, which are restricted by zoning regulations to making such sales with the service of food only, shall make no sales of such alcoholic beverages on weekdays and Saturdays except between the hours of noon and 11:00 p.m. and shall make no sales of alcoholic beverages on Sundays except between the hours of 1:00 p.m. and 11:00 p.m. Sales of alcoholic beverages for consumption off the premises shall not be permitted. This subsection shall not apply to vendors authorized by zoning regulations and holding a license from the State beverage department for the sale or service of alcoholic beverages for consumption on the premises in cocktail lounge-bars in restaurants as described in Section 33-150 (E) (4) or to vendors located in BU Districts restricted to making sales of alcohol with the service of food only and granted a variance to sell alcoholic beverages between the hours of 8:00 a.m. and 1:00 a.m., on the following day, prior to the effective date of this ordinance.

(g)(2) For the purpose of establishing the distance between a vendor in a BU District as described in subsection (g)(1) above and a RU or EU District boundary line, the distance of two hundred fifty (250) feet shall be measured from the closest point of said vendor�s property line to the closest point of the RU or EU District boundary line. For the purpose of establishing the distance between said vendor and an existing residential use, said distance shall be measured from the closest point of said vendor�s property line to the closest point of the property line of the residential use.

No later than ninety (90) days after the effective date of this ordinance, vendors as described in subsection (g)(1) and applicants for such use, shall furnish to the Director of the Department of Planning and Zoning a certified survey from a registered surveyor, which shall indicate such distances. In case of dispute, the measurement scaled by the Director shall prevail.

Within ninety (90) days of receipt of the certified survey, the Director shall provide notification to the vendor as to whether or not said vendor�s property is within two hundred fifty (250) feet from a RU or EU District boundary line or an existing residential use. Absent a certified survey from a registered surveyor and written confirmation from the Director within one hundred eighty (180) days of the effective date of this ordinance that said property is not within 250 feet from a RU or EU District boundary line or an existing residential use, a vendor as described in subsections (g) and (g)(1) shall make no sale of alcoholic
beverages except during the hours and days prescribed in subsection (g)(1).<<


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Section 2. Section 33-238 of the Code of Miami-Dade County, Florida is hereby

amended to read as follows:

Sec. 33-238. Uses permitted.

No land, body of water or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed or structurally altered or maintained in any BU-1 District, which is designed, arranged or intended to be used or occupied for any purpose, except for one (1) or more of the following uses:

(1) Residential uses may be permitted as a combination of permitted business uses and residential uses housed in the same building; the floor area of the residential use shall not exceed fifty (50) percent of the floor area of the building.


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(29) Restaurants and coffee houses or dining room>>s<< where >>the<< kitchen is screened or located altogether within an enclosed building or room and with ample provisions for carrying away or dissipating fumes, odors, smoke or noise and where premises are so arranged and the business is so conducted as not to be offensive or obnoxious to occupants of adjoining premises or to passersby. Restaurants and outdoor (where approved by public hearing) cafes may serve alcoholic beverages where such service is strictly incidental to the service of food and from a service bar only provided no entertainment of any kind is furnished. >>Restaurants shall cook and serve full-course meals, daily prepared on the premises, and shall neither sell nor serve alcoholic beverages except as provided in Section 3351.<< No sign of any type or character shall be exhibited or displayed to the outside denoting that alcoholic beverages are obtainable within.

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. 1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.