Loading...
Ordinance 674 ORDINANCE NO. 674 AN ORDINANCE AMENDING SECTIONS 1, 15 AND 1S` OF ORDINANCE NO. 391 OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED; "AN ORDINANCE PROVIDING FOR AND REQUIRING THE LICENSING OF ALL PERSONS, FIRMS AND CORPORATIONS SELLING, MANUFACTURING OR RECTIFYING LIQUORS AND BEV- ERAGES CONTAINING ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH HEREIN; PROVIDING THAT NO LICENSE SHALL BE TRANSFERABLE 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 INTOXI- CATING BEVERAGES EXCEPT BEER; PROHIBITING THE SALE OF LIQUOR OR INTOXICATING BEVERAGES AT ANY GASOLINE FILLING STATIONS; CREATING POSITION OF LIQUOR INSPECTOR AND PRESCRIBING THE DUTIES THEREOF; PROVIDING FOR CERTAIN RESTRICTIONS ON THE PREMISES WHERE LIQUORS AND ALCOHOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRES- CRIBING 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; DECLAR- ING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. " BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That that portion of Section 1 of Ordinance No. 391 of the City of Miami Beach, Florida, reading 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, and where a floor show or other entertainment is provided for guests at any time between 1:00 o' clock A. M. and 7:00 o ' clock A. M. Night Clubs shall be sound proofed andtheir win- dows, doors andother openings kept closed in order that the noise therefrom may not disrupt the peace and quiet of the neighborhood. " be and the same is hereby amended so as to read as follows: "The term 'Night Club' as used in this Ordinance shall mean a restaurant, dining room, or other establishment where intoxicating liquor is sold, given away or consumed on the premises, and where floor shows and other forms of entertainment are provided for guests on week days at any timebe- tween the hours of midnight and 7:00 o' clock A. M. and on Sundays at any time between the hours of 1:00 o' clock A. M. and 7:00 o'clock A. M. Night Clubs shall be sound proofed and their windows, doors and other openings kept closed in order that the noises therefrom may not disrupt the peace and quiet of the neighborhood. " SECTION 2. That Section 1 of Ordinance No. 391 of the City of Miami Beach, Florida, be and the same is hereby amended by adding thereto, at the end thereof, the following: "The term 'cabaret' as used in this ordinance shall mean a restaurant, dining room or other establishment where intoxicating liquor is sold, given away or consumed on the premises, and where the form of en— tertainment provided for guests shall be other than mechanical phonograph, radio and/or string music, and where, if the place of business is not sound proofed, such entertainment is not provided on any week day between the hours of midnight and 7:00 o'clock A.M. , or on Sundays between the hours of 1:00 o'clock A.M. , and 7:00 o 'clock A.M. " SECTION 3. that Section 15 of Ordinance No. 391 of the City of Miami Beach, Florida, be andthe same is hereby amended so as 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 Liquor, beer or wine, on any week day between the hours of midnight and 7:00 o'clock A. M. , or on Sun— days, between the hours of 1:00 o' clock A. M. , and 7:00 o 'clock A. M, , and no Vendor shall sell, or offer for sale, or deliver, any liquor or wine by the package, bottle or container, at any hour on Sunday, or on any week day between 8:00 o' clock P. M. and 7:00 o ' clock A. M. and every Vendor, except Night Clubs, licensed under sub—sections "E" , "G" and "H" of Section 7 here— of, shall close and keep closed, his or its place of business and shall transact no business therein or therefrom and shall not allow customers to remain therein during the hours during which Vendors are by this Section forbidden to sell, or offer for sale, or deliver, or serve, or permit ao be consumed upon the premises, liquor, beer or wine. " SECTION 4. i'hat Section 18 of Ordinance No. 391 of the City of Miami Beach, Florida, be axd. the same is hereby amended so as to read as follows: "SECTION 18. No licensed Vendor, except Night Clubs and Cabarets, as in this ordinance de— fined, 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 pro- vided in restaurants or dining roomq equipped with a service bar not accessible to the public up to, but not later than 12:00 o 'clock midnight: and provided, further, that string music, mechanical phonograph and radio, the sound of which is not audible a distance of more than fifty (50) feet from the place of busi— ness of the Vendor, may be rr^vided by the Vendor licensed under sub—section "g" and "j " of Section 7 hereof, until 12:00 o' clock midnight. " SECTION 5. This ordinance shall go into effect immediately upon its becoming a law. PASSED and ADOPTED this 6th day of January A. D. 1943. aver Attest: City Clerk jjrd Readingeadings JDanuey r6 211,94142 Posted January 7, 1943 STATE OF FLORIDA) COUNTY OF DADE ) I, C . W. TOMLINSON, City Clerk in and for the City of Miami Beach, do hereby certify that Ordinance No. 674 entitled "AN ORDINANCE AMENDING SECTIONS 1, 15 AND 18 OF ORDINANCE NO. 391 OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED: "AN ORDINANCE PROVIDING 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; PROVIDING THAT NO LICENSE SHALL BE TRANSFERABLE AND NO EX- EMPTION 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 AJCOHOLIC 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 EX- CEPT BEER; PROHIBITING THE SALE OF LIQUOR OR INTOXICATING BEVERAGES AT ANY GASOLINE FILLING STATIONS; CREATING POSITION OF LIQUOR IN- SPECTOR AND PRESCRIBING 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 HAND- LING OF INTOXICATING LIQUORS; PROVIDING FOR A PENALTY FOR THE VIOLA- TION OF THIS ORDINANCE, AND PROVIDING THAT THE CITY COUNCIL MAY REVOKE A LICENSE AS ISSUED UNDER THIS CR DINANCE; REPEALING ALL LAWS AND PART OF LAWS IN CONFLICT HEREWITH; DECLARING_'THIS ORDINANCE TO BE AN EMERGENCY MEAHURE" , 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 7th day of January, A. D. , 1943 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 3rd day of March, A. D. , 1943. ity Clerk �� rA 0 cos co 0 fl C • 0 1--'• _ I-1 011 Crt) o' 0 H 1-$ Oi 0 Ix, P) H. d'N 0 \.0 0 0 I-1 • (3. Pi co co