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Ordinance 694 ORDINANCE NO. 694 AN ORDINANCE AMENDING SECTIONS 2, 4 and 41 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 TRANS- FERABLE 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 CERTAIN PERSONS; FIXING CERTAIN HOURS WHEN LINT OR OR AL- COHOLIC BEVERAGES MAY NOT BE SOLD OR DELIVERED IN THE CITY OF MIAMI BEACH; PROHIBITING CURB SERVICE OF LIQUORS AND INTOXICATING BEVERAGES EXCEPT BEER; PRO- HIBITING THE SALE OF LIQUOR OR INTOXICATING BEVERAGES AT ANY GASOLINE FILLING STATIONS; CREATING POSITION OF LIQUOR INSPECTOR AND PRESCRIBING TRH; DUTIES THEREOF; PROVIDING FOR CERTAIN RESTRICTIONS ON THE PREMISES WrHERE LIQUORS AND ALCOHOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRESCRIBING REGULATIONS FOR THE HANDLING OF INTOXICATING 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 HERE- WITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. " ; AND ADDING AN ADDITIONAL SECTION TO SAID ORDINANCE TO BE KNOWN AS SECTION 26. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION' 1. That Section 2 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: "Provided, further, that no license shall issue, as a matter of course, unless the applicant therefor shall have held a license for the same location for which he seeks a renewal, which previous license was in force during a portion of the license year imme- diately preceding the year for which a renewal license is sought, except, however, that in case of premises occupied by licensees here- under taken over by a governmental agency, license for such premises may be renewed by such licensees as a matter of course at any time within six months after the surrender of such premises by such governmental atency.0 SECTION 2. That Section 4 of Ordinance No. 391 of the City of Miami Beach, Florida, be and the same is hereby amended to read as follows: -1- "SECTION 4. No license issued under the provisions of this ordinance shall be transferable or assign- able from one person, firm or corporation, to another person, firm or corporation, nor from one location to another, except as follows : (a) It shall be permissible, by and with the consent of the City Council, for a licensee who enters the military service of the United States to transfer and assign his license to another, provided, however, that the proposed transferee of any such license shall be bound by and required to comply with all of the pro- visions of Section 2 of this ordinance. (b) If the licensee be a firm, the membership of said firm may be changed with the consent of the City Council first had and obtained. Provided, however, that if the membership of a firm shall be changed without the con- sent of the City Council, the license held by said firm may be revoked in the discretion of the City Council. (c) If the licensee be a corporation, the officers of said corporation may be changed and/or the stock in said corporation may be transferred with the consent of the City Council first had and obtained. Provided, however, that if the officers of a licensed corporation shall be changed, or if any of the stock of such cor- poration be transferred, without the consent of the City Council, then and in either of said events the license held by said corporation may be revoked in the discretion of said City council. (d) When a vendor, licensed under Sub-section (g) or Sub-section (h) of this ordinance, 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 Council, transfer said license to the purchaser of said business, provided, however, that the G.)roposed transferee of any such license shall be bound by andrequired to comply with all of the provisions of Section 2 of this ordinance. (e) In the event of the death of a vendor, licensed under Sub-section (g) or Sub-section tt;J of this ordinance the license of such vendor, by and with the consent of the City Council, may be transferred to the executor, administrator, heir or legatee of said vendor, provided, however, that the proposed transferee of any such li- cense shall be bound by and required to comply with all of the provisions of Section 2 of this ordinance. (f) A vendor, licensed under Sub-section (g) or Sub- section (h) of this ordinance, may, by and with the consent of the City Council first had and obtained, transfer the license of such vendor to a new location, provided that such new location is not more than 200 feet from the location for which said license was issued, said distance to be measured dbng the shortest ordinary route of pedestrian traffic. SECTION 3. That Section 4i of Ordinance No. 391 of the %ity of Miami Beach, Florida, be and the same is hereby amended to read as follows : -2- "SECTION 41. No license shall be issued to a retail vendor to sell wines and beverages con- taining alcohol of more than one per cent by weight and not more than fourteen per cent by weight, as provided in Sub-section ( j) of Section 7 of this Ordinance, in any place of business located within 1,000 feet, measured in an air line from main entrance to main entrance, from any place of business in w hick there is already a retail vendor licensed under Sub-section ( j) of Section 7, nor shall such license be issued during the period in which an existing license under said Sub-section ( j) is renewable as a matter of course, as provided in Section 2 of this Ordinance, except in hotels containing fifty or more guest rooms, or in bona fide restaurants with a seating capacity for 600 or more patrons and in which the roofed-in floor area provided for dining tables and chairs in the room or portion of said restaurant wherein food is served to guests, is not less than 4800 square feet . Provided, however, that if any vendor shall pro- cure, or shall have procured, a license under this Ordinance within the prohibited distance from another vendor, by reason of the fact that such license is issued to said vendor to do business in a bona fide restaurant with a seating capacity for a required minimum number of patrons and in which the floor area provided for dining tables and chairs in the room or portion of said restaurant wherein food is served to guests, is not less than a required minimum number of square feet and shall fad. to con- tinuously operate a bona fide restaurant or to pro- vide a seating capacity for said required minimum number of patrons or shall reduce to less than said required number of square feet the floor area provided for dining tables and chairs in the room or portion of said restaurant wherein food is served to guests, then, and in that event, the license held by the vendor may be revoked in the discretion of the City Council. Nothing contained in this Section shall prohibit the issuance of a license to a retail vendor to sell wines and beverages containing alcohol of more than one per cent by weight and not more than fourteen per cent by weight, as provided in Sub-section ( j) of Section 7 of this ordinance, in a place of busi- ness in which another retail vendor has, within twelve (12) months prior to the application for said license, operated under a license issued under said Sub-section ( j) of Section 7, unless such location shall be on Lincoln Road or on 41st Street in the City of Miami Beach, in which event the restrictions of this section as to distance from other vendors shall apply, even though the license sought shall be for a location in which another vendor has theretofore been licensed. From and after the passage of this Ordinance, no license shall be issued to a retail vendor to sell beverages, regardless of alcoholic content, for con- sumption off the premises as provided in Sub-section (h) of Section 7 of this Ordinance, in excess of one such license for each 'Twenty - five hundred persons within the City of Miami Beach, according to the last preceding State or Federal .Gensus. -3- From and after the passage of this Ordinance, no license shall be issued to a retail vendor to sell beverages, regardless of alcoholic content, for consumption on the premises, as provided in Sub-section (g) of Section 7 of this Ordinance, in excess of one such license, for each One ( 1,000) thousand persons within the City of Miami Beach according to. the last preceding State or Federal Census. vthenever it shall appear from the results of any State or Federal Census that additional licenses may be issued under Sub-section rg) and/or (h) of Section 7 of this Ordinance, then and in that event no such additional licenses shall issue to a retail vendor to sell beverages consumed on the premises regardless of alcoholic content as provided in Sub-section (g) of Section 7 hereof, in my place of business located within 1,000 feet in an air line measured from main en- trance to main entrance from another place of business in which there is already a retail ven- dor licensed under said Sub-section (g) . And no such additional licenses shall issue to a retail vendor to sell beverages, regardless of alcoholic content, for consumption off the prem- ises, as provided in Sub-section (h) of Section 7 of this Ordinance, in any place of business located within 2,000 feet in an air line mea- sured from main entrance to main entrance from any place of business in w hich there is already a retail vendor licensed under Sub-section (h) . Nor shall licenses issued to service bars in bona fide restaurants as aforesaid, nor licenses issued to hotels having 100 or more guest rooms as aforesaid, be taken into account in computing the number of licenses permissible on the basis of population as hereinabove set forth; nor shall anything in this ordinance contained be construed to prevent the renewal or issuance of licenses for locations where operation under licenses issued under Sub-section (g) of Section 7 hereof, has been interrupted or suspended by reason of the taking over of the premises by a governmental agency, provided that application is made for such license within six months after the release of such premises by such governmental agency." SECTION 4. That Ordinance No. 391 of the City of Miami Beach, Florida, be and the same is hereby amended by adding thereto, immediately after Section 25 thereof, a section to be known as "Section 26", to read as follows: "SECTION 26. If any vendor licensed under this ordinance shall be declared a bankrupt, the license of said bankrupt may be revoked in the discretion of the City Council. " SECTION 5. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 20th day of October ,. A.D. 1943. 44 140 Attest. AB Acting i ayor 1st reading - Oct. 6, 1943 C C e ,k 2nd reading -- Oct. 6, 1 4 y 3rd reading - Oct.20, 194) Posted - Oct.21, 1943 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. 694 entitled "AN ORDINANCE AMENDING SECTIONS 2, 4 AND 4k OF ORDINANCE NO. 391 OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITL D: "AN ORDINANCE PROVIDING FOR AND REQUIRING THE LICENSING OF ALL PERSONS, FIRMS AND CORPORATIONS SELLING, MANUFACTURING OR RECTIFYING LIQUORS AND BEVER- AGES CONTAINING ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH HEREIN; PROVIDING THAT 1O LICENSE SHALL BE TRANSFERABLE AND NO EXCEPTION 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 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 POSITION OF LIQUOR INSPECTOR AND PRESCRIBING THE DUTIES THEREOF; PROVIDING FOR CERTAIN RESTRICTIONS ON THE PREMISES WHERE LIQUOURS AND ALCOHOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRESCRIBING REGULATIONS FOR THE HANDLING OF INTOXICATING 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 HERE_ WITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE" ; AND ADD- ING AN ADDITIONAL SECTION TO SAID ORDINANCE TO BE KNOWN AS SECTION 26, " 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 21st day of October, 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 the 29th day of November, A. D. , 1943. City Clerk • • • 0 C3 H c • _ r