Ordinance 1820•
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ORDINANCE NO.
1820
AN ORDINANCE AMENDING CHAPTER 18 OF
"THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1. That that portion of Section 18.3 of "The
Code of the City of Miami Beach" reading
as follows:
"Such application, together with notice as
to when the application shall be considered
by the city council, shall be published by
the city clerk once each week for two con-
secutive weeks in two newspapers published
in the city at the expense of the applicant,
immediately prior to the date of the hearing
thereof, at which time any person interested
may appear and object to the granting of a
license to such applicant. Thereafter, the
city council shall consider the application
and either grant or reject same according
to its best judgment and discretion."
be and the same is hereby amended to read as follows:
"Such application, together with notice as
to when the application shall be considered
by the city manager, shall be published by
the city clerk once each week for two con-
secutive weeks in two newspapers published
in the city at the expense of the applicant,
immediately prior to the date of the hearing
thereof, at which time any person interested
may appear and object to the granting of a
license to such applicant. Thereafter, the
city manager shall consider the application
and either grant or reject same according to
his best judgment and discretion; provided,
however, all applications for liquor licenses
made on behalf of an apartment hotel on the
bases that it has 100 or more hotel rooms, or
any request for the transfer thereof, shall be
made directly to the city council."
SECTION 2. That Section 18.6 be and the same is hereby
amended to read as follows:
"No license issued under the provisions of
this chapter shall be transferable or assignable
from one person to another person nor from one
location to another, except as follows:
(a) If the licensee is a firm, the member-
ship of such firm may be changed with the
consent of the city manager first had and
obtained; provided, that if the membership of
a firm shall be changed without consent of the
city manager, the license held by the firm may
be revoked in the discretion of the city manager.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
2/26/70 (Rev. )
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(b) If the licensee is a corporation, the
officers of the corporation may be changed and
the stock in the corporation may be transferred
with the consent of the city manager first had
and obtained; provided, that if the officers of
a licensed corporation shall be changed or if
any of the stock of such corporation shall be
transferred without the consent of the city
manager, then, and in either of such events,
the license held by the corporation may be
revoked in the discretion of the city manager.
(c) When the holder of a license under
this chapter shall have made a bona fide sale
of the business for which he is licensed, he
may, by and with the consent of the city
manager, transfer such license to the purchaser
of the business; provided, that the proposed
transferee of any such license shall be bound
by and required to comply with all of the
provisions of sections 18-2 to 18-4.
(d) In the event of the death of a vendor
licensed under this chapter, the license of
such vendor, by and with the consent of the
city manager, may be transferred to the executor,
administrator, heir or legatee of the vendor;
provided, however, that the proposed transferee
of any such license shall be bound by and
required to comply with all of the provisions
of sections 18-2 to 18-4.
(e) A vendor licensed under subsection (g)
or subsection (h) of section 18-8 may, by and
with the consent of the city manager first had
and obtained, transfer the licensee of such
vendor to a new location; provided, that such
new location shall not be more than three
hundred feet from the location for which such
license was issued, such distance to be measured
in an air line from main entrance to main entrance.
Before any litense shall be transferred, as provided
in this section, there shall be paid to the city clerk
an amount equal to one-seventh of the annual license
fee provided in section 18-8 for such license."
SECTION 3. That Chapter 18 of "The Code of the City of Miami
Beach" be and the same is hereby amended by
adding a new section thereto, to be numbered and
to read as follows:
"Section 18.6.1
Any individual aggrieved by the action of
the city manager in refusing to issue any
license, or transfer thereof, required by
this chapter, shall have the right to appeal
to the city council. Such appeal shall be
taken by filing with the city manager, within
fourteen (14) days after notice of the action
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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SECTION 4.
SECTION 5.
Attest:
complained of, a written statement setting
forth fully the grounds of appeal. The
city manager shall thereupon set a time and
place for a hearing before the city council
on such appeal, and due notice of such
hearing shall be given to the appellant.
The appellant shall have the right to be
heard before the city council in person or
by attorney."
That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby
repealed.
That this ordinance shall go into effect
immediately upon its passage and posting
as required by law.
PASSED and ADOPTED this 20th day of March
City Clerk -Finance Director
1st reading -
2nd reading -
3 rd reading -
POSTED -
February 18, 1970
February 18, 1970
March 20, 1970
March 23, 1970
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, 1970.
OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1820 entitled:
AN ORDINANCE AMENDING CHAPTER 18 OF"THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA."
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the 23rd day of March, 1970,
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 6th day of May, 1970.
Ruth B. Rouleau
City Clerk and Finance Director
PO -1' &e
Deputy t)
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