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Ordinance 718 ORDINANCE NO. 7lg AN ORDINANCE AUTHORIZING AND EMPOWERING THE CITY MANAGER TO PROHIBIT, BY HIS OFFICIAL DECREE, THE SALE, SERVING AND CONSUMPTION OF BEERS, WINES, SPIRITUOUS AND ALL OTHER li TOXI- CATING LIQUORS AND BEVERAGES FOR A PERIOD OF TvuENTY-FOUR (24) HOURS, OR SUCH LONGER PERIOD OF TIME AS MAY BE DESCRIBED IN SUCH DECREE, DURING ANY TIME OF PUBLIC ED ERGENCY AT ALL PLACES WHERE SUCH BEERS, WINES, SPIRITUOUS AND OTHER INTOXICATING LIQUORS AND BEVERAGES ARE LICENSED TO RE SOLD, S IIVED OR OTHERWISE DISPENSED; DECLARING IT TO EE ILLEGAL TO VIOLATE ANY OF THE PROVISIONS OF SUCH DECREE; PRESCRIBING PENALTIES FOR VIOLATIONS OF THE PROVISIONS HEREOF; PROVIDING FOR THE SEPARA- BILITY OF THE PROVISIONS HEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCON- SISTENT OR IN CONFLICT HEREWITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLCR IDA: SECTION l.That , whenever in the opinion and judgment of the City Manager, a public emergency shall be created or exist in the City of Miami Beach, causing or tending to cause public disorder, law-breaking and confusion, the City Manager is hereby authorized and empowered to prohibit, by and through the issuance of his official decree, the sale , serving' and consumption, or either thereof, of beers, wines, spirituous and other intoxica- ting liquors and beverages for and during a period of twenty-four (24) hours or such longer period of time as may be described in such decree, at all commercial establishments and at all other places in the City of Miami Beach where such beers, wines, spiri- tuous and all other intoxicating liquors and beverages are licensed to be sold, served or otherwise dispensed; and in the issuance of such decree, the City Manager shall have the fact of the issuance and the contents of such decree broadcast by police and by commer- cial radio stations and otherwise given publicity as quickly and as widely as shall be feasible. SECTION 2. That it is hereby declared to be illegal and to constitute a violation of the provisions of this ordinance for any person, firm or corporation operating, employed at, or otherwise controlling any of the commercial establishments or other places described in Section 1 hereof, to sell, serve or permit the consumption on the premises of beers, wines, spirituous and all other intoxicating liquors and beverages during the period described in the decree of the City Manager provided for in Section 1 hereof. SECTION 3. That each violation of, or non-compliance with, any of the provisions of t lis ordinance shall be and constitute a separate offense and shall subject every person, firm and corporation guilty thereof to all of the penalties hereinafter prescribed. SECTION 4. That every person, firm and corporation violating any of the provisions of this ordinance shall be punishable a fine not exceeding five hundred dollars ( '500.00) , or by ( 1) imprisonment. not exceeding sixty (60) days, or by both such fine and imprisonment , in the discretion of the itunicipal Jud_ e. SECTION 5. That if any section, part of section, sentence or clause of t his ordinance shall be adjudged to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of any other portion hereof, but shall be res- tricted and limited in its operation and effect to that specific por- tion hereof involved in the litigation in which such decision shall have been rendered. SECTION 6. That all ordinances or parts of ordinances heretofore adopted, insofar as they are inconsistent or in conflict with the provisions of this ordinance, are hereby repealed, but to the extent that such ordinances are not inconsistent or in conflict with the provisions of this ordinance, they are hereby re- affirmed and declared to be and to remain in full force and effect . SECTION 7. Whereas the welfare of the City is in peril this ordinance is declared to be an emergency measure and the requirement of reading this ordinance on two separate days is hereby dispensed with. SECTION 8. This ordinance is hereby declared by the City Council to be necessary for the immediate preservation of the public peace and safety and shall `;o into effect immediately upon its passage. PASSED and ADOPTED this 20th day of September, A. D. 1944. / `- Fayor Attest : City Clerk 1st reading September 20, 1944 2nd reading September 20, 1944 3rd reading September 20, 1944 Posted September 21, 1944 ( 2) • 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. 718 entitled "AN ORDINANCE AUTHORIZING AND EMPOWERING THE CITY MANAGER TO PROHIBIT, BY HIS OFFICIAL DECREE, THE SALE, SERVING AND CONSUMPTION OF BEERS, WINES, SPIRITUOUS AND ALL OTHER INTOXICATING LIQUORS AND BEVERAGES FOR A PERIOD OF TWENTY-FOUR (24) HOURS, OR SUCH LONGER PERIOD OF TINE AS MAY BE DESCRIBED IN SUCH DECREE, DURING ANY TIME OF PUBLIC EMERGENCY AT ALL PLACES WHERE SUCH BEERS, WINES, SPIRITUOUS AND OTHER INTOXICATING LIQUORS AND BEVERAGES ARE LICENSED TO BE SOLD, SERVED OR OTHERWISE DISPENSED; DECLARING IT TO BE ILLEGAL TO VIOLATE ANY OF THE PROVISIONS OF SUCH DECREE; PRESCRIBING PENALTIES FOR VIOLATIONS OF THE PROVISIONS HEREOF; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. " having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been poated by me in three conspicuous p places in the City of Miami Beach, Florida, one of which was at the door of the City Hall in said City on the 21st day of September, A. D. 1944, 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 28th day of October, A. D. 1944. 4/1) - City Clerk • as +3 v 114 +3 b .ri Pi 0 f` OS-i cD • TS 0 Z W +1 $.1CD H O OS O tap O H ,—t O3 ccs O 0 �; ria CU cd 4-' r-1 Sa HT1 Cd O