Ordinance 721 ORDINANCE NO. 721
AN ORDINANCE AMENDING A PORTION OF SECTION
42 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 EXEMP-
TION FROM LICENSE TAXES SHALL BE HAD; PRO-
VIDING 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; PROHIBITING THE SALE OF LIQUOR OR IN-
TOXICATING BEVERAGES AT ANY GASOLINE FILLING
STATIONS; CREATING POSITION OF LIQUOR INSPEC-
TOR AND PRESCRIBING TTF DUTIES THEREOF; PRO-
VIDING 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 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. "
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That that portion of Section 42 of Ordinance No. 391
of the City of Miami Beach, Florida, reading as fol-
lows:
"No license shall be issued 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 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
which 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 pro-
vided 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 w hich 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 .
(1)
Provided, however, that if any vendor shall
procure, 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 restau-
rant 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 restau-
rant wherein food is served to guests, is
not less than a required minimum number of square
feet and shall fail to continuously operate a
bona fide restaurant or to provide a seating
capacity for said required minimum number of •
patrons or shall reduce to less than said re-
quired 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. "
be and the same is hereby amended to read as follows:
"No license shall be issued 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 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 which 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; provided, however, that the
restrictions of this paragraph as to distance
from other vendors shall not apply to, nor
prohibit, the issuance of licenses under said
Sub-section ( j) of Section 7 to hotels having
fifty (50) or more guest rooms, provided the
exterior of the hotel in which the business
is to be carried on shall not contain a store
front in connection with said business, and
provided, further, that the business so licensed
shall only be entered from within the building;
and said restrictions as to distance shall not
prohibit the issuance of licenses under said
Sub-section ( j) of Section 7 to bona fide res-
taurants unless such restaurants shall be located
on Lincoln Road or on 41st Street, in the City
of Miami Beach, in which event the restrictions
of this paragraph as to distance shall apply
even though the license sought is for a bona
fide restaurant.
If any vendor shall procure, or shall have
procured, a license under this ordinance, as
hereinbefore, or hereinafter provided, within
the prohibited distance from another vendor,
by reason of the fact that such license, issued
to said vendor to do business in a bona fide
(2)
restaurant or 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 fail to con-
tinuously operate a bona fide restaurant or
to provide 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 restau-
rant 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. "
SECTION 2. That this ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED and ADOPTED this 8th day of November, A.. D. 1944.
1944.
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ATTEST:
I / d4-21-•••-ZA-0:-----....,
ty C er
1st reading - October 25, 194
2nd reading - October 25, 1944
jrd reading —November 8, 1944
Posted - November 8, 1944
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. 721 entitled "AN ORDINANCE AMENDING A
PORTION OF SECTION 42 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 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 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 PRESCRIBING THE DUTIES THEREOF; PROVIDING FOR CERTAIN
RESTRICTIONS ON THE PREMISES WHERE LIQUORS AND ALCOHOLIC
BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRESCRIBING REGU-
LATIONS FOR THE HANDLING OF INTOXICATING LIQUORS; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE, AND PRO-
VIDING 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."", 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, Florida, one of which was at the door of the
City Hall in said City on the 8th day of November, 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 13th day of December, A. D. 1944.
City Clerk
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