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Ordinance 536 ORDINANCE NO, 536 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTIONS 1, 7, 15 and 18 OF ORDINANCE NO, 391 OF SAID CITY, BEING AN ORDINANCE PROVID- ING FOR AND REQUIRING THE LICENSING OF ALL PERSONS, FIRMS AND CORPORATIONS, SELLING, MANUFACTURING OR RECTIFYING LIQUORS AND BEVERAGES CONTAINING ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH HEREIN; PROVID- ING THAT NO LICENSE SHALL BE TRANSFERABLE AND NO EXEMPTION FROM LICENSE TAXES SHALL BE HAD; PROVIDr- ING AND FIXING THE AMOUNT OF LICENSE FEES; PROVIDING FOR APPLICATION AND ADVERTISING THEREOF; MAKING IT UNLAWFUL TO SELL LIQUORS AND ALCOHOLIC BEVERAGES TO CERTAIN PERSONS; FIXING CERTAIN HOURS WHEN LIQUOR OR ALCOHOLIC BEVERAGES MAY NOT BE SOLD OR DE- LIVERED IN THE CITY OF MIAMI BEACH; PROHIBITING CURB SERVICE OF LIQUORS AND INTOXICATING BEVERAGES EXCEPT BEER; PROHIBITING THE SALE OF LIQUOR OR INTOXICATING BEVERAGES AT ANY GASOLINE FILLING STAT IONS; CREATING POSITION OF LIQUOR INSPECTOR AND PRESCRIBING THE DUTIES THEREOF; PROVIDING FOR CERTAIN RESTRI CTI ONS ON THE PREMISES WHERE LIQUORS AND ALCOHOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRESCRIBING REGULATIONS FOR THE HANDLING OF INTOXICATING LIQUORS; PROVIDING FOR THE ISSUANCE OF SIX ( 6) MONTHS LICENSES; PROVID- ING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE, AND PROVIDING THAT THE CITY COUNCIL MAY REVOKE A LI-. CENSE AS ISSUED UNDER THIS ORDINANCE; REPEALING ALL LAWS AND PARTS OF LAWS IN CONFLICT HEREWITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DEFINING AND SETTING FORTH THE REQUIREMENTS OF A "NIGHT CLUB"; FIXING HOURS AND REQUIREMENTS OF BARS AND MUSIC THEREIN, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That paragraph eleven (11) of Section One (1) of Ordinance No, 391 of the City of Miami Beach, being the paragraph defining the term "night club", reading as follows: "The term "night club" as used in this Ordinance shall mean a restaurant, dining room or similar establishment where a floor show or other form of entertainment is provided for guests at any time between 11:00 o'clock P. M., and 7:00 o'clock A. M., " be and the same is hereby amended to read as follows: "The term "night club" as used in this ordinance shall mean a restaurant, dining room or similar establishment, where intoxicating liquor of any alcoholic content is sold, given away or consumed on the premises, where a floor show or other enter- tainment is provided for guests at any time between 12 o'clock midnight and 7 o'clock A. M. Night Clubs shall be sound-proofed and their windows, doors and other openings kept closed in order that the noise therefrom may not disrupt the peace and quiet of the neighborhood." SECTION 2: That Section Seven (7) of said Ordinance No. 391 be and the same is amended by adding thereto the following: "Provided further that vendors may at any time obtain licenses for periods of six (6) months from date of license upon payment of two-thirds ( 2/3) of the annual license tax herein required." SECTION 3: That Section Fifteen (15) of said Ordinance No. 391 of the City of Miami Beach, reading as follows: "No vendor shall sell or offer for sale, or deliver, or serve, or permit to be consumed upon the premises of such vendor, any liquors, beer or wine on any day between the hours of 3:00 o'clock A. M. , and 7:00 otolock A. M. , and every vendor licensed under aubrections (e), (g) or (h) of Section Seven (7) hereof shall close and keeclosed his or its place orbusiness, an shall transact no business therein or there- from, and shall not allow customers to remain therein between said hours provided, however, that this section shall not apply to any Night Clubs, as defined in this ordinance, " be and the same is here- by amended to read as follows: "SECTION 15: No vendor shall sell or offer for sale, or deliver, or serve, or permit to be consumed upon the premises of such vendor, any liquors, beer or wine on any day between the hours of 2:00 o'clock A. M. and 7:00 o'clock A. N., and every vendor licensed under sub-sections ( e) , (g) and (h) of Section Seven (7) hereof, shall close and keep closed his or its place of business and shall transact no busi- ness therein or therefrom, and shall not allow customers to remain therein between said hours; provided, however, that this section shall not apply to Night Clubs. SECTION 4: That Section Eighteen (la) of said Ordinance No, 391, as amended by Ordinance No. 471, rading as follows: v "No licensed vendor, except Night Clubs as herein defined, shall permit or allow any music or other form of entertainment in the place of business of such vendor, or in any room connecting directly therewith through doors or other means of ingress or egress; provided, however, that orchestra music may be provided in restaurants or dining rooms equipped with a service bar not accessible to the public up to but not later than 1:00 o'clock A. M. , and provided further that string music and radio may be pro- vided by other vendors licensed under sub-sections (g) and (j) of Section Seven (7) hereof up to but not later than 1:00 o'clock A. M. , " be and the same is hereby amended to read as follows: "SECTION 1g: No licensed vendor, except Night Clubs as herein defined, shall permit or allow any music or other form of entertainment in the place of business of such vendor, or in any room connecting directly therewith through doors or other means of ingress or egress; provided, however, that orchestra music may be provided in restaurants or dining rooms equipped with a service bar not ac- cessible to the public up to but not later than 12 o'clock midnight, and provided further that string music and radio may be provided byother vendors licensed under sub-sections (g) and 3) of Section 7 until 12 o'clock midnight." SECTION 5: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be effective immediately upon its passage, approval and posting according to law. PASSED AND ADOPTED this 14th day of December, A. D., 1936. ATTE -� clayor di 3 _erk let Reading - November 16th, 1938 2nd Reading .. November 16th, 193g 3rd Reading - December 14th, 93g. Posted - December 15th, 193$ STATE OF FLORIDA ) COUNTY OF DADE ) I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 536, entitled "AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTIONS 1, 7, 15 and 18 OF ORDINANCE NO. 391 OF SAID CITY, BEING AN ORDINANCE PROVIDING FOR AND REQUIR4. ING THE LICENSING OF ALL PERSONS, FIRMS AND CORPORATIONS, SFt1,- ING, MANUFACTURING OR RECTIFYING LIQUORS AND BEVERAGES CONTAIN- ING ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH HEREIN; PRO- VIDING THAT NO LICENSE SHALL BE TRANSFERABLE AND NO EXEMPTION FROM LICENSE TAXES SHALL BE HAD; PROVIDING AND FIXING THE AMOUNT OF LICENSE FEES; PROVIDING FOR APPLICATION AND ADVER- TISING THEREOF; MAKING IT UNLAWFUL TO SELL LIQUORS AND ALCO- HOLIC BEVERAGES TO CERTAIN PERSONS; FIXING CERTAIN HOURS WHEN LIQUOR OR ALCOHOLIC BEVERAGES MAY NOT BE SOLD OR DELIVERED IN THE CITY OF MIAMI BEACH; PROHIBITING CURB SERVICE OF LIQUORS AND INTOXICATING BEVERAGES EXCEPT BEER; PROHIBITING THE SALE OF LIQUOR OR INTOXICATING BEVERAGES AT ANY GASOLINE FILLING STATIONS; CREATING POSITION OF LIQUOR INSPECTOR AND PRESCRIB- ING THE DUTIES THEREOF; PROVIDING FOR CERTAIN RESTRICTIONS ON THE PREMISES WHERE LIQUORS AND ALCOHOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRESCRIBING REGULATIONS FOR THE HANDLING OF INTOXICATING LIQUORS; PROVIDING FOR THE ISSUANCE OF SIX (6) MONTHS LICENSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE, AND PROVIDING THAT THE CITY COUNCIL MAY REVOKE A LICENSE AS ISSUED UNDER THIS ORDINANCE; REPEALING ALL LAWS AND PARTS OF LAWS IN CONFLICT HEREWITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DEFINING AND SETTING FORTH THE RE- QUIREMENTS OF A "NIGHT CLUB"; FIXING HOURS AND REQUIREMENTS OF BARS AND MUSIC THEREIN", 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 oil the 15th day of December, A. D. 1938, and that said ordinance remained posted for a period of at least thirty days in accord- ance 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 30th day of January, A. D. 1939. City Clerk \.O O C1 P� • 0 t3'r H Z a • 4 z AU H Z 0 H 1