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Ordinance 559 ORDINANCE NO, 559 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 391, AS AMENDED, BEING AN ORDINANCE PROVIDING FOR AND REQUIRING THE LICENSING OF ALL PERSONS, FIRMS AND CORPORATIONS SELLING, MANUFACTUR- ING OR RECTIFYING LIQUORS AND BEVERAGES CONTAINING ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH HEREIN; PROVIDING THAT NO LIC- ENSE SHALL BE TRANSFERRABLE AND NO EXEMPTION FROM LICENSE TAXES SHALL BE HAD; PROVIDING AND FIXING THE AMOUNT OF LICENSE FEES; PRO- VIDING 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 DELIVERED IN THE CITY OF MIAMI BEACH; PROHIBITING CURB SERVICE OF LIQUORS AND INTOXICATING BEVERAGES EXCEPT BEER; PROHIBIT ING THE SALE OF LIQUOR OR INTOXICATING BEVERAGES AT ANY GASOLINE FILLING STATIONS; CREATING P051- TION OF LIQUOR INSPECTOR AND PRESCRIBING THE DUTIES THEREOF; PROVIDING FOR CERTAIN RESTRIC- TIONS ON THE PREMISES WHERE LIQUOR AND ALCOHOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRE- SCRIBING REGULATIONS FOR THE HANDLING OF INTOXI- CATING LIQUORS; 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 PART OF LAWS IN CONFLICT HEREWITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; PRE- SCRIBING DISTANCES WITHIN WHICH LICENSES MAY NOT BE ISSUED FROM PLACES OF BUSINESS HOLDING SIMILAR LICENSES, EXEMPTING CERTAIN PLACES OF BUSINESS FROM THE OPERATION THEREOF; PROVIDING FOR THE ISSUANCE OF LICENSES FOR THE SALE OF BEER AND WINE FOR CONSUMPTION OFF THE PREMISES; AND OTHER MATTERS RELATING THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section of Ordinance No. 391 of the City of Miami Beach be and the same is hereby amended to read as follows: SECTION 4i. No license shall be issued to a retail vendor to sell beverages consumed on the premises re- gardless of alcoholic ontent as provided in Sub-section "G" and Sub»seotion "I" of Section 7 hereof in any place of business located within five hundred (500) feet in an air line measured from main entrance to main entrance in which there is already a retail vendor licensed either under Sub-. section "G" or I", nor shall such license be issued during the period in which an existing license is renewable as a matter of course as provided in Section 2 ha reof. No license shall be issued to a retail vendor to sell beverages, regardless of alcoholic content, for consumption off the premises as provided in Subsection "H" of Section 7 hereof, in any place of business located within two thousand (2000) feet in an airline measured from main entrance to main entrance from any place of business in which there is already a retail vendor licensed under Sub-section �'H", nor shall such license be filued during the period in which an existing license is renewable as a matter of course as provided in Section 2 hereof, provided however, that noth- ing contained in this section shall prohibit the continuance or renewal of licenses heretofore issued. Nothing contained in this section shall apply to the issuance of licenses issued under Subs-section "G" of this ordinance to hotels having one hundred or more guest rooms provided the ex- terior of the hotel in which the bush as is carried on shall not contain a store front in connection with said business and provided that the business so licensed shall only be entered from within the building. No license shall be issued to a retail vendor to sell beverages consumed on the premises, as provided in Sub-section "J" of Section 7 hereof, in any place of busin- ess located within two hundred (200) feet measured in an air line from main entrance to main entrance from any place of business in which there is already a retail vendor lic- ensed under said Sub-section "J" of Section 7 hereof, nor shall such license be issued during the period in which an existing license is renewable as a matter of course as pro- vided in Section 2 hereof, except in hotels containing fifty or more guest rooms or in restaurants with a seating capacity for 100 or more patrons. SECTION 2. That Section 7 of said Ordinance No. 391 of the City of Miami Beach be and the same is hereby amended by adding immediately after Sub-section "J" of said Section 7, Sub-section "K" as follows: SUB-SECTION "K": Retail vendors selling only beverages con- taining alcohol of more than 1% by weight and not more than l -% by weight, and wine regardless of al- coholic content in sealed containers for consumption off the premises . . . . . . . . . . . . . . . . . . . * 15.00 SECTION 3. That Section 8 of said Ordinance No. 391 of the City of Miami Beach be and the same is hereby amended to read as follows: SECTION g: No liquor or intoxicating beverage of any nature whatsoever, including wines, liquors, porter, ale and beer, shall be sold in any gasoline filling station, nor in any motion picture theatre, nor in any room opening dir- ectly or indirectly or in connection with any motion picture theatre. SECTION 4. All ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED AND ADOPTED this 7th day of August, A. D., 1939. CF r . = or Air ATTEST: _� _�J ity er- 1st Reading - July 26th, 1939. 2nd Reading - July 26, 1.939. 3rd Reading - August 7, 1939. Posted - August S <, 1939. f V 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. 559, entitled "AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMEND- ING ORDINANCE NO. 391, AS AMENDED, BEING AN ORDINANCE PROVIDING FOR AND REQUIRING THE LICENSING OF ALL PERSONS, FIRMS AND CORPORA- TIONS SELLING, MANUFACTURING OR RECTIFYING LIQUORS AND BEVERAGES CONTAINING ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH HEREIN; PROVIDING THAT NO LICENSE SHALL BE TRANSFERRABLE AND NO EXEMPTION FROM LICENSE TAXES SHALL BE HAD; PROVIDING AND FIXING THE AMOUNT OF LICENSE FEES; PROVIDING FOR APPLICATION AND ADVERTISING THEREOF; MAKING IT UNLAWFUL TO SELL LIQUORS AND ALCOHOLIC BEVERAGES TO CER- TAIN PERSONS; FIXING CERTAIN HOURS WHEN LIQUOR OR ALCOHOLIC BEVER- AGES MAY NOT BE SOLD OR DELIVERED IN THE CITY OF MIAMI BEACH; PRO- HIBITING 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 INSPEC- TOR AND PRESCRIBING THE DUTIES THEREOF; PROVIDING FOR CERTAIN RESTRICTIONS ON THE PREMISES WHERE LIQUOR AND ALCOHOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRESCRIBING REGULATIONS FOR THE HANDLING OF INTOXICATING LIQUORS; PROVIDING FOR A PENALTY FR THE VIOLATION OF THIS ORDINANCE, AND PROVIDING THAT THE CITY COUNCIL MAY REVOKE A LICENSE AS ISSUED UNDER THIS ORDINANCE; REPEALING ALL LAWS AND PART OF LAWS IN CONFLICT HEREWITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; PRESCRIBING DISTANCES WITHIN WHICH LICENSES MAY NOT BE ISSUED FROM PLACES OF BUSINESS HOLDING SIMILAR LICENSES, EXEMPTING CERTAIN PLACES OF BUSINESS FROM THE OPERATION THEREOF; PROVIDING FOR THE ISSUANCE OF LICENSES FOR THE SALE OF BEER AND WINE FOR CONSUMPTION OFF THE PREMISES; AND OTHER MATTERS RELAT- ING THERETO" , 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 gth day of August, A. D. , 1939, and that said Ordinance remained posted for a period of thirty days in accordance with the requirements of the City .4 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 12th day of September, A. D. , 1939. ylerk I 0 • o 0 0 tD P' 0te( 3 • 0 WW/y R_. Hn � 0• • • 0