COMPOSITE EXHIBIT A

City of Miami City Hall

3500 Pan American Drive
Legislation Miami, Florida 33133
www.miamigov.com
Ordinance

File Number: ______ Final Action Date:

AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING

ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TO AMEND ARTICLE 1, SECTION
1.1., “DEFINITIONS OF BUILDING FUNCTION: USES”; AND BY
AMENDING ARTICLE 6, SECTION 6.1, TABLE 13, ENTITLED
“SUPPLEMENTAL REGULATIONS”, TO REQUIRE THAT CERTAIN
USES PERMITTED PURSUANT TO CHAPTER 550 OF THE FLORIDA
STATUTES, INCLUDING PARI-MUTUEL USES, BE APPROVED
PURSUANT TO AN EXCEPTION; PROVIDING FOR ZONING IN
PROGRESS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING
FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE

WHEREAS, over the past decade, the Florida legislature has liberalized
regulation of gambling in Florida; and

WHEREAS, as recently as the Florida legislature’s 2018 session, multiple

additional reforms were considered that would further liberalize the regulation of
gambling and, in particular, pari-mutuel gambling in Florida; and

WHEREAS, the City of Miami (“City”) finds that gambling uses, without
reasonable regulation, have the potential to generate adverse impacts on their
surrounding community; and

WHEREAS , the City, in promotion the health, safety, and welfare of the people
of the City finds that the City Commission has a compelling interest in protecting its
residents, from such adverse impacts; and

WHEREAS, the City wishes to ensure that future gambling uses do not impair
the ongoing process and collective efforts of many sectors of our community to
revitalize Miami neighborhoods, and improve the quality of life in our community; and

WHEREAS, the City wishes to ensure that future gambling uses properly comply
with the letter and spirit of the City’s Comprehensive Neighborhood Plan and Ordinance
No. 13114, the Zoning Ordinance of the City of Miami, Florida (“Miami 21”) including,
but not limited to Miami 21’s Guiding Principles and Article 4, Table 12; and
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WHEREAS, the City’s Zoning Administrator has previously opined that gambling
uses are considered “Entertainment Establishments” for Miami 21’s purposes and the
City Commission now wishes to memorialize that determination in Miami 21; and

WHEREAS, given the significant potential for adverse impacts presented by

gambling uses, the City Commission wishes to hereby put the public on notice that the
rules regulating Entertainment Establishments are under review, subject to change, and
that no rights to gambling uses within Entertainment Establishments will be vested
during the review and enactment of this Ordinance; and

WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB")

recommended _____________ (see Exhibit "1"), on September ___, 2018 by a vote of
_____ to _____ (__ - __) to the City Commission.

NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY

OF MIAMI, FLORIDA:

Section 1. The recitals and findings contained in the Preamble to this Ordinance
are adopted and incorporated as if fully set forth in this Section.

Section 2. Article 1, Section 1.1 of Miami 21 is hereby amended as follows: {1}

ARTICLE 1. DEFINITIONS

1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table

3)

* * * *
d. COMMERCIAL

Entertainment Establishment: A place of business serving the amusement

and recreational needs of the community. Such facilities may include, but
are not limited to: cinemas, billiard parlors, teen clubs, dance halls, or
video arcades, or any facility operated with a license regulated by Chapter
550 of the Florida Statutes. Uses note included: Entertainment
Establishment, adult.

* * * *

Section 3. Article 6, Section 6.1, Table 13 of Miami 21 is hereby amended as

follows: 1

1
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated omitted
and unchanged materials.

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ARTICLE 6. SUPPLEMENTAL REGULATIONS

* * * *

TABLE 13

* * * *

T4 – GENERAL URBAN ZONE – OPEN

Entertainment Establishment: Any Entertainment Establishment that

includes gambling, including but not limited to pari-mutuel facilities
regulated under Chapter 550 of the Florida Statutes: Allowed by Exception
with City Commission approval by 4/5ths vote.

* * * *

T5 – URBAN CENTER ZONE – LIMITED

Entertainment Establishment: Any Entertainment Establishment that

includes gambling, including but not limited to pari-mutuel facilities
regulated under Chapter 550 of the Florida Statutes: Allowed by Exception
with City Commission approval by 4/5ths vote.

* * * *

T5 – URBAN CENTER ZONE – OPEN

Entertainment Establishment: Any Entertainment Establishment that

includes gambling, including but not limited to pari-mutuel facilities
regulated under Chapter 550 of the Florida Statutes: Allowed by Exception
with City Commission approval by 4/5ths vote.

* * * *

T6 – URBAN CORE ZONE – LIMITED

Entertainment Establishment: Any Entertainment Establishment that

includes gambling, including but not limited to pari-mutuel facilities
regulated under Chapter 550 of the Florida Statutes: Allowed by Exception
with City Commission approval by 4/5ths vote.

* * * *

T6 – URBAN CORE ZONE – OPEN

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Entertainment Establishment: Any Entertainment Establishment that

includes gambling, including but not limited to pari-mutuel facilities
regulated under Chapter 550 of the Florida Statutes: Allowed by Exception
with City Commission approval by 4/5ths vote.

* * * *

D1 – WORK PLACE ZONE

Entertainment Establishment: Any Entertainment Establishment that

includes gambling, including but not limited to pari-mutuel facilities
regulated under Chapter 550 of the Florida Statutes: Allowed by Exception
with City Commission approval by 4/5ths vote.

* * * *

D2 – INDUSTRIAL ZONE

Entertainment Establishment: Any Entertainment Establishment that

includes gambling, including but not limited to pari-mutuel facilities
regulated under Chapter 550 of the Florida Statutes: Allowed by Exception
with City Commission approval by 4/5ths vote.

Section 4. Notwithstanding the above, pari-mutuel facilities existing as of June

23, 1981 shall be considered legal conforming uses and structures. In accordance with
Section 550.155(2) of the Florida Statutes, such pari-mutuel facilities shall also be
exempt from the requirement of obtaining an Exception with City Commission approval
when seeking City approval for any capital improvements to the existing pari-mutuel
facility unless the City is able to show that the proposed improvement presents a
justifiable and immediate hazard to the health and safety of City residents.

Section 5. From and after July 26, 2018 through the Effective Date, this
Ordinance and any prior versions thereof, has and will serve as notice to all persons
that the laws regulating the approval and operation of Entertainment Establishments,
including specifically gambling uses, may be amended, revised or terminated. Notice is
also given that all persons proceed at their own risk and no vested rights of any type
shall attach to any development approvals or development permits sought or obtained
during the entirety of the adoption process.

Section 6. If any section, part of section, paragraph, clause, phrase or word of

this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not
be affected.

Section 7. The provisions of this Ordinance are declared to be severable and if

any section, sentence, clause or phrase of this Ordinance shall for any reason be held
to be invalid or unconstitutional, such decision shall not affect the validity of the

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remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.

Section 8. This Ordinance shall become effective immediately after final reading
and adoption thereof. 2

APPROVED AS TO FORM AND CORRECTNESS

_______________________________
VICTORIA MÉNDEZ
CITY ATTORNEY

2
This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days
from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the effective date state herein,
whichever is later.

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