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City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney Date: 1.7.19 From: Manny Gonzalez Wynwood BID Contact Person Requesting Client Executive Director 786-615-8828 Title Telephone ‘The Wynwood BID is seeking assistance in determining if qutdoor liquor warrant requirement of outdoor music not allowed to be played outside from 11;00 p.m. to 7:00 a.m. currently apply to warrant holders?_We have been advised there has been litigation associated with the City noise ordinance but have been advised by Planning that the \Wynwood NRD warrant conditions should still apply. Complete form and forward to the Office of the City Attomey or e-mail to Legal Services. Do not assume that the Office of the City Attomey knows the background of the | ‘question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail-will be sent to you with the Assigned Attomey’s name and the issued matter identification number, 1 Supplemental page attached, Authorized by: Mi nzalez M.G. Date response requested by: x BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attomey: Date: File No, Approved by: Ultimate Client: ‘Comments: D/R Date: Due Type: Matrix: Category: Copy returned to Requesting Client Copy to Ultimate Client sex 00172011 EMAIL TO CITY fo Hy +0 conrivm wavvants aga noise Manny Gonzalez a in lightoF Carrie, Anne-Christine " . Weeinesday, July 31, 2019 5:04 PM Pe Fogarty’s Emails Manny Gonzalez One Near Snow, Davids Calleros Gauger, Jeremy; Garcia, Anastassia RE: Warrants Outdoor - Wynwood to assist Mr. Fogarty in ight of nothing happening for a year - 289 NW 23 St. Good afternoon: am sorry to hear of your issues with the noise in the neighborhood. As promised, the below references to the Gity Code should help with the Code Division, The City’s laws regarding noise: bttos://ibrary, municode. com//miamilcodes/code_of ordinances?nodeld=CHCO_CH36NO | Please note that should there be a Warrant on any of these properties, the following condition applies: “It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises between the hours of 11 p.m, and 7 a.m, the following day, unless said music devices are played or operated in an enclosed building and the sound is not audible from the outside of the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.” Furthermore” Finally, | recommend contacting the City Clerk’s office for documentation and permits issued for the properties that are causing concerns, for it may take a bit more digging. For example, you may want to find out if the properties have Certificates of Use, Building Permits, CO/TCO, Warrants allowing the use etc. hope this information heips. Please let me know if you need anything else. Anne-Christine Carrié, MURP Planner It Planning Department Office: 305-416-1417 Visit us at www.miamigov.com/olanning, i *Dus to Florida's very broad public records law, most written communications to ar from Cty af Miami employees regarding Cy business are public records, and are available to the public and medi upon request. Therefor, this e-mail emmuniation may be subject to public diclosure ePlan Resources ProjectDox Resources © City of Miami Tech eLearning Hub (Youtube) © = ProjectDox Guide Planning Dept ‘+ Standard Naming Convention for Drawings & Docun * Zoning Dest | From: Manny Gonzalez {mailtozmanny@wynwoodbid.com) Sent: Wednesday, July 31, 2019 4:05 PM To: Carrie, Anne-Christine Ce: aleksander@wynwoodbid.com; Eisenberg, Joseph ; Manny Gonzalez ‘Subject: RE: Warrants Outdoor - Wynwood to assist Mr. Fogarty in ight of nothing happening for a year - 289 NW 23 St. Good afternoon Anne-Christine: | wanted to follow up on the July 8" request from the Wynwood BID seeking copies of the outdoor liquor warrants, in light of the anarchy going on every night. Attached is the last correspondence we received from a neighboring resident being affected, in addition to the businesses on NW 24 St. Judging from the emails sent from residents and businesses the address in question is 289 NW 23 St, we do not need the ‘other locations since they have all since complained of the noise themselves. If we get another email with a specific noise source of the complaint, we may send another request to check the warrant on that specific location. We feel there is legislation that limits the “music festival” levels of music being referenced. Thank you, Manny Gonzalez Executive Director sues Be fseeer weruwood, isa! 2751 North Miami Avenue, Suite 3 Miami, FL 33127 0, 786.615.8828 c. 305.316.8202 @WynwoodMiami wynwoodmiami.com Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might, contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attomey-client or work product privileges. Should the intended recipient forward of disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is mor the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C section 2510-2521. If this communication was received in error we apologize for the intrusion, Please notify us by reply e- ‘mail and delete the original message. Nothing in this e-mail message shall, in and of itself, create an attomey-client relationship with the sender, Under Florida law, e-mail addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-meil released in response to a public records request, do not send electronic mailto this entity. Instead, contact this office by phone or in writing, From: Manny Gonzalez Sent: Monday, July 8, 2019 1:26 PM To: Eisenberg, Joseph ; Carrie, Anne-Christine Ce: aleksander@wynwoodbid.com | Subject: RE: Warrants Outdoor - Wynwood to assist Mr. Fogarty in light of nothing happening for a year Thanks Joseph. Greatly appreciated. Thank you, Manny Gonzalez Executive Director NA |e WSs" wrnwoon 2751 North Miami Avenue, Suite 3 Miami, FL 33127 0. 786.615.8828 ¢, 305.316.8202 @WynwoodMiamt wynwoodmiamicom Disclaimer: This e-mail is intended only for the individuals) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attomey-client privilege. If the reader of this message is mot the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so right constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e- mail and delete the original message. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender, Under Florida lav, e-mail addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-mail released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, From: Eisenberg, Joseph ; Carrie, Anne-Christine | Ce: aleksander@wynwoodbid.com Subject: RE: Warrants Outdoor - Wynwood to assist Mr. Fogarty in light of nothing happening for a year igov.com> I Manny, N i Manny Gonzalez Warrant com Manny Gonzalez Check- Sent: Monday, August 12, 2019 11:54 AM To: Manny Gonzalez Subject: RE: Noise complaints for outdoor clubs and bers in Wynwood Attachments: ‘Warrant Language in City Code,paf Good morning all: In an effort to assist the City of Miami, the Wynwood BID has been researching our city ordinances to try to find a way to help solve the noise issues facing Mr. Fogarty and the neighbors south of 22" street, We believe that we may have found information that could shed some light on the most efficient way to address versus whatever is happening now In Wynwood, the City of Miami and the District property owners addressed this issue proactively many years ago, in anticipation of this moment, via the outdoor warrant regulations set forth for every establishment secking to be an alcohol beverage establishment. Please note that the warrant is a privilege and not a right, thus there are components that must be met in order to be in compliance. ‘The language below provided by the City of Miami Zoning Department, is erystal clear that speakers cannot be played past 11 p.m. if outdoors. Please note that should there be a Warrant on any of these properties, the following condition applies: “It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises between the hours of 11 p.m. and 7 a.m. the following day, unless said music devices are played or operated in IEMMMMMIEMEMMland the sound is not audible from the outside of the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.” Furthermore” In short, this issue can be solved tonight once and for all, without any need to documenting noise violations or other, as long as someone from the City of Miami passes by and asks to see if the speakers are playing outdoors, if they are, they must be tumed off. ‘The complete list of warrants can be found here http://atchive.miamigov.com/planning/notifications.htm! The property in question is 2016-0078 Hopefully Mr. Fogarty will be able to sleep tonight Thank you, Manny Gonzalez Executive Director ausness Pr Peer sine wrnwooo 2751 North Miami Avenue, Suite 3 Miami, FL 33127 0, 786.615.8828 305.316.8202 @WynwoodMiami wyawoodmiami.com Disclaimer: This e-mail is intencled only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward o disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. Ifthe reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 US.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e- mail and delete the original message. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Under Florida law, e-mail addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-mail released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Michael Fogarty Sent: Sunday, August 11, 2019 8:37 PM To: Suarez, Francis (Mayor) Ce: David Lombardi ; Valencia, Adele ; ibalmea, Jesus (Major) <3319@miami-police.org>; Kerr, Daniel (Commander) <3627@miami-police.org>; Carroll, Thomas (Major} <0856@miami-police.org>; Colina, Jorge (Chief of Police) <1126@miami-police.org>; Morales, Manuel (Assistant Chief) <4886@miami-police.org>; Hardemon, Keon (Commissioner) ; Russell, Ken (Commissioner) ; Wakefield, Rebecca ; Jackson, Robin Jones ; McQueen, James ; Ruiz, Joseph A. ; Min, Bamaby ; Albert Garcia ; Diaz, Daniel D. ; Reyes, Manolo (Commissioner) ; Carollo, Joe (Commissioner) ; Kelly Penton ; Manny Gonzalez ; Marlo Courtney ; Carlos Rosso ; acohen@centurionre.com; Dan Arev ; Doug Levine ; Ben Bernstein ; Daniel Lombardi ; Sandy Horwitz ; Michael Goldstein ; Schwarz, Jeremy Subject: Re: Noise complaints for outdoor clubs and bars in Wynwood Hello again to all, Once again, it’s Sunday, and absurdly loud music is echoing/pulsating through the entire corridor of 23rd/24th Streets. Near as | can understand, today’s culprit, and consistent with past Sundays (from my perspective), is 289 NW 23rd Street (Centro). Per usual, prior writing this email, 've called both code compliance (left a message), and non- emergency police; | do not expect though, any meaningful address to occur. I don’t know why this insanity has been allowed to persist, but every Sunday, until at least 3 am Monday morning, our noise ordinances mean apparently nothing, as they are flagrantly ignored, with zero consequence. It fs impossibly loud, and gets louder as hours grow later. It’s my understanding that legislation is being contemplated, but we also need enforcement. | don’t even have words that can adequately capture how awful the noise is, and when I've made follow up calls, checking on earlier complaints, 'm still being told that police were allegedly shown a “permit”, by someone at Centro, then, as such, walked away assuming nothing can be done. | cannot believe this is still happening; there is, 100 percent, no such permit, able to be issued under our municipal code, that exempts establishments from noise ordinances, Can someone please, for ‘the love of God, do something. Thank you, ce Fogarty On Aug 2, 2018, at 1:03 AM, Michael Fogarty wrote: Just by way of yet another update, It's now after 1 AM on a week night/morning, l have to be awake for ‘work in 4 hours, and either Proyecto Tulum (270 NW 23rd), or Centro (289 NW 23rd), is detonating their speakers, in a way that is shaking my windows; it’s hard to tell from which property tonight’s cacophony Is specifically emanating, but 'm reasonably certain Proyecto has picked up the mantle of primary offender. itis @ truly ridiculous amount of noise, for any night, much less one where working residents must shortly arise for their respective employments, Once again I have called both code compliance, ‘and non-emergency police, but things just get louder as the hour gets later. This really needs to stop. How can this be allowed to persist? For over a year | have been alerting anyone who might care to listen, yet these “establishments”, are permitted what amounts a Teflon existence, Can someone please, I'm begging you all, do something, Thank you, Mike Fogarty On Jul 28, 2019, at 8:30 PM, Michael Fogarty wrote: Hello again all, Please allow this email to further chronicle the sonic misery that is now Wynwood. Once more | have called code compliance (left a message}, and non- emergency police, yet 289 NW 23rd Street (Centro), as it appears from my vantage, is, absolutely decimating the neighborhood with insanely loud music, moronic dj screaming, and, of course, their ubiquitous siren. Please, for the love of God make them stop. Every Sunday, from 3 pm, to 3 am Monday morning, I, and the rest of those now unlucky enough to suffer nearby residency, are tortured by this flagrant disregard of noise code ordinances, Thank you, Mike Fogarty ‘OnJul 17, 2019, at 10:28 PM, Michael Fogarty wrote: Mr. Mayor and Mr. Schwarz, Please let me know what time next week would work for you to discuss these issues, my schedule is pretty open. Thank you once more for taking the time. As an aside, and to further chronicle the problems being faced, it is Wednesday night, and music still getting blasted out of (25 | perceive it from my apartment) 270 Nw 23rd (Proyecto Tulum). Thank you, Mike Fogarty On Jul 14, 2019, at 7:26 PM, Mike wrote: {really appreciate it thank you. I have some site inspections, and court hearings this week, but just let me know everyone's availability. | look forward to an opportunity for further discussion. Thank you, (On Jul 12, 2019, at 10:49 AM, Suarez, Francis (Mayor) wrote: Mike Fogarty ‘Am looping in my chief if staff to | coordinate directly w you. | Francis Suarez Mayor City of Miami 3500 Pan American Drive Miarni, FL 33133, 305-250-5300 fsuarez@miamigov.com On Jul 12, 2019, at 10:40 AM, David Lombardi wrote: CAUTION: iss an email from en external source. Do not dick links or ope sender and know the content is safe Thank you for your response Francis! Mr. Fogarty please advise as to your availabilty, | think it might be a smart idea to meet at ‘your unit to see the location first hand. Perhaps we can get the director of code | enforcement to attend to0. Please let us know when works next week, Best, David L | On Jul 2, 2019, at 10:33, AM, | Suarez, Francis 4 \t shall be unlawful for any person owning, occupying or having charge of any building or premises or any part thereof, in the city, at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual noises in the operation of any radio, phonograph or other mechanical sound-making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of \ any band, orchestra, musician or group of musicians, where the noise or music is Pl ing, structure, vehicle or premises in which or from which it is produced. The fact that the noise or music is ly audible at a distance of 100 feet from the bull plainly audible at a distance of 100 feet from the vehicle or premises from which It originates constitutes prima facie evidence of a violation of this chapter. (b) The city commission may declare an exemption from the prohibitions contained in paragraph (a) above and declare them inapplicable on special occasions by resolution (Code 1967, § 36-4; Ord. No. 10797, § 1, 10-18-30; Code 1980, § 36-4) Sec. 36-5, - Same—Hours of operation of jukeboxes, radios, etc.; exemption for events on city-owned property; relaxation, (2) Itshall be unlawful for any person owning, occupying or having charge of any business establishment, or any part thereof, in the city, to cause or suffer to cause the playing or operating of music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises between the hours of 11:00 : p.m. and 7:00 a.m. the following day, ut music boxe: eboxes, rz —)» musical instruments and other devices are played or operated in a closed building and the sound is not audible from outside the building so as to disturb the quiet, i comfort or repose of persons in any dwelling, hotel or other type of residence. Upon a second conviction of violation of this section the county judge may at his/her discretion revoke and terminate any license issued under chapter 31 to the licensee. (b)_Allof the above and foregoing shall not apply to activities and events held in or. Allofithe above and foregoing shall not apply to activities and events held in or, upon any city-owned facility or other city-owned property. ()_ The city commission may relax the time restrictions contained in paragraph (a) | above or declare them inapplicable on special occasions by resolution. (Code 1967, § 36-5; Ord, No, 8660, § 1, 6-9-77; Ord. No. 10797, § 1, 10-18-90; Code 1980, § 36-5; Warrant| Moises ooes-feh: Chapter 36 - NOISE Footnotes: (— City Code cross references— Noisy dogs, § 6-39; bicycle bells or other waming devices, § 8-3; noise from ships, boats, etc., § 50-7. County Code cross referentces— Railroad train whistle and horn noise pollution pronitited, § 21- 27.3; excessive and unnecessary noises prohibited, § 21-28, Law review references— Comments on sound amplifiers, 2 Fle. L. Rev. 103,267. State Law reference— Motor vehicle noise, F.S. §§ 316.293, 403.415 et seq. Sec. 36-1. - Unnecessary, excessive or unusual noises—Generally. It shall be unlawful to make any loud, unnecessary, excessive or unusual noise in the city, (Code 1967, § 36-1; Code 1980, § 36-1) Sec. 36-2, - Same—Near hospitals and schools. it shall be unlawful for any person, by himself/herself or by the operation of any instrument, agency or vehicle, to make any unnecessary noises within 100 feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, or any school during school hours. The city manager shall place as many signs as he/she may deem proper within or near zones hereby created, calling attention to the prohibition against unnecessary noises within such zones. (Code 1967, § 36-2; Code 1980, § 36-2; Ord. No. 13676, § 2, 4-27-17) Sec, 36-3. - Loud or boisterous noises generally. No person shall create any loud or boisterous noise which may annoy persons on any street or sidewalk or in any building adjacent thereto. (Code 1967, § 36-3; Code 1980, § 36-3) Sec. 36-4. - Operation of radios, phonographs ar other sound-making devices; bands, orchestras and musicians—Generally; exemption. (@) WARE Warrant. Where denoted in this chapter as necessary for approval, the property ownerfapplicant 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: “0 (2) @) (4) (5) © ” 8) 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, 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 adcitional parking; however, new buildings utilizing this 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 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. 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. Asecurity plan for the alcohol service establishment and any parking facility. TO SL COOL SACS Cee SIME cel ty, Haran TAQRY EE 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 impacts to be mitigated A sanitation plan which addresses on-site facilities as well as off-premises eG ee ee ee oe en soe seo s) issues resulting from the operation of the alcohol service establishment. Aplan depicting proximity of the proposed alcohol service establishment to districts—residential, V WAise Gon + aren If the proposed alcohol service establishment is within 200 feet of any es ee er ree oe SSE Te nen SOM Heat OLS qian residential use, a noise attenuation plan that addresses how noise will be controlled shall be required, (2) 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 — 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 ia as well as the criteria \ based on the following materials to be submitted by the applicant as cri 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) Aparking 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) Asecurity 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 __ (ssues 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) Sec. 4-8, - Certificate of use. In addition to the requirements under chapter 2 of the City Code and Article 7 of the Miami 21 Code, submitted to the city's zoning administrator within 60 days of the request, the alcohol service if upon request by the city proof of an alcohol license issued by the state is not (sStablishment’s certificate of use, temporary certificate of use, and any approvals obtained under chapter 4 of the City Code or the Miami 21 Code may be revoked by the zoning administrator, If it is found that an alcohol service establishment is in violation of any laws regarding health, safety, and welfare including but not limited to building codes, fire codes, the Miami 21 Code, or any health department regulations, the certificate of use or temporary certificate of use shall be ‘suspended for a period of 30 days to allow the alcohol service establishment to come into compliance, If the alcohol service establishment fails to come into compliance within 30 days, the Certificate of use or temporary certificate of use shall be revoked. nh oe (Ord. No, 13734, § 3, 1-25-18) were U ew Sec. 4-9, - Employees not to mingle with customers, It shall be unlawful for employees or entertainers in places dispensing alcoholic beverages for consumption on the premises to mingle or fraternize with the customers or patrons of such alcohol service establishment. (Ord. No. 13734, § 3, 1-25-18) Sec, 4-10. - Prohibiting sales, etc,, during emergency. Whenever in the opinion and judgment of the Mayor, a public emergency shall be created or exist in the city causing or tending to cause public disorder, lawbreaking, and confusion, the city manager is hereby authorized and empowered to prohibit by and through the issuance of his, official decree the sale, serving, or consumption of alcoholic beverages for and during a period of 24 hours or such longer period of time as may be described in such decree at all commercial establishments and at all other places in the city where alcoholic beverages are licensed to be sold, served, or otherwise dispensed, In the issuance of such decree, the city manager shall have the fact of the issuance and the contents of such decree broadcast by law enforcement communication device and by commercial radio stations and otherwise given publicity as quickly and as widely as shall be feasible. It is hereby declared to be illegal for any person operating, employed at, or otherwise controlling any of the establishments or other places described in this section to sell, serve, or permit the consumption on the premises of alcoholic beverages during the period described in the decree of the city manager provided for in this section, Each violation of or noncompliance with any of the provisions of this section shall constitute a separate offense and shall subject every person guilty thereof to the penalty prescribed in section 1-13 of the City Code, (Ord, No. 13734, § 3, 1-25-18) Sec. 4-11, - Nightclub. The additional regulations set forth below shall be applicable to all alcoholic service establishments that have been designated as nightclubs. (1) Itshall be unlawful for any person to refuse or prevent or attempt to prevent reasonable inspection of any portion of any nightclub premises by any city official during any hour in which a nightclub is open for business, (2) Anightclub business tax receipt issued by the city manager's designee Is. required in addition to any other requirement to qualify that the applicant is, of good moral character. In making such determination, the applicant shall present to the city manager's designee the following qualifications: 3. Certificate of use. Issued by the office of zoning. b. State licensure. Issued by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco. Business tax receipt history. Whether such applicant in previously operating in this or another state under a business tax recelpt has had such business tax receipt revoked or suspended, and the reasons therefor. d. General personal history. Such other facts relevant to the general persanal history of the applicant as necessary to make a fair determination of the eligibility of the applicant, (3) Nonrenewal for certain convictions during a preceding year. a, No nightclub business tax receipt shall be issued, renewed, or allowed a business name change at any time during a business tax receipt year at the location of any nightclub that previously possessed a nightclub business tax receipt when the holder or any managing agent or employee of the holder of a nightclub business tax receipt at such location has been convicted of a violation of this chapter or the alcoholic beverage laws of the state during the then-current business tax year or during a one-year period to any application request therefor or during the city’s tax year immediately preceding such new licensing year, b. A designation of the conviction relied upon by the city under the foregoing paragraph may be obtained at or before the start of the business tax year or prior to the date such business tax receipt is sought by request made to the city manager or designee. cc. Any person subject to the foregoing provision may request and obtain a hearing before the city commission. After a public hearing, the city commission may authorize or deny the issuance or renewal of new nightclub business tax receipt to such person or grant of refuse the request for a change of name on a nightclub business tax receipt providing any applicable provision of section 31-35 is fulfilled relative to such request, A holder of a nightclub business tax receipt for the year preceding the new business tax year, subject to the provisions of this section, shall not be considered to be operating without a current nightclub business tax receipt pending the hearing. (Ord. No. 13734, 5 3, 1-25-18) It is intended that the provisions of this chapter shall apply solely to those beverages Sec. 4-12. - Violation of state law. | | constituting alcoholic beverages under the laws of the state, Every violation of the laws of the state relating to the sale of alcoholic beverages is hereby specifically made a violation of this chapter with the same force and effect as if the provisions of such laws were fully set forth herein. (Ord. No. 13734, § 3, 1-25-18) a ‘i ae | ET ORT | RT | ae aa | a eens i A Ha i KI E fh i i i i a H 900 08 ee wn ec oho arava oa sawee Sma vin one en TST NN a na See A STATE TEN RR TTT ERAT TNT RT TTT TR TTT bu ‘lalal &| 5 | lee ale ele aaa eal & af) GY Genie