Ordinance 725 ORDINANCE NO. 725
AN ORDINANCE AMENDING SECTIONS 4 AND 4* 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, MANU-
FACTURING OR RECTIFYING LIQUORS AND BEVERAGES CONTAIN-
ING 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 PER-
SONS; 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; 6REATING POSITION OF LIQUOR INSPECTOR
AND PRESCRIBING THE DUTIES THEREOF; PROVIDING FOR CER-
TAIN RESTRICTIONS ON THE PREMISES WHERE LIQUORS AND AL-
COHOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRES-
CRIBING 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; RE-
PEALING 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 Section 4 of Ordinance No. 391 of the City of
Miami Beach, Florida, be and the same is hereby amended
to read as follows:
"Section 4. No license issued under the provisions of
this ordinance shall be transferable or assignable 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 re.
quired to comply with all of the provisions 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 consent 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 corpora-
tion may be transferred with the consent of the City Council
first had and obtained. Provided, however, that if the of-
ficers of a licensed corporation shall be changed, or if any
of the stock of such corporation 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-sec-
tion (h) of this ordinance, shall have made a bona fide sale
-1-
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, pro-
vided,-
ro-.vided,- however, that the proposed transferee of any
such license shall be bound by and required 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 (h) of this ordinance
the license of such vendor, by and with the consent of the
City Council, may be transferred to the executor, adminis-
trator, heir or legatee of said vendor, provided, however,
that the proposee transferee of any such license shall be
bound by and required to comply with all of the provisions
of Section 2 of this ordinance. "
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:
"Section 44.. Except for service bars in bona fide restau-
rants 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 4,800 square feet,
and except for licenses issued to hotels having 100 or more
guest rooms where the exterior of the hotel in which the
business is carried on shall not contain a store front in
connection with said business and where the business so li-
censed shall only be entered from within the building, no
license shall be issued 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 any
place of business located within 1,000 feet in an air line,
measured from main entrance to main entrance, from another
place of business in which there is already a retail vendor
licensed under Sub-section ( g) hereof, nor shall such license
be issued during the period in which a license for a place
of business within said distance is renewable as a matter
of course, as provided in Section 2 hereof.
No license shall be issued to a retail vendor to sell
beverages, regardless of alcoholic content, for consumption
off the premises, as provided in Sub-section ( h) of Section
7 hereof, in any place of business located within 2,000 feet
in an air line, measured from main entrance to main entrance,
from another place of business in which there is already a
retail vendor licensed under said Sub-section ( h) , nor shall
such license be issued during the period in which a license
for a place of business within said distance is renewable as
a matter of course, as provided in Section 2 hereof.
Except in hotels containing 50 or more guest rooms, or in
bona fide restaurants as defined herein, no license shall be
issued to a retail vendor to sell beverages, containing alco-
hol of more than one per cent by weight, and not more than
fourteen per cent by weight, and wines, regardless of alcoholic
content, as provided in Sub-section ( j) of Section 7 hereof,
in any place of business located within 300 feet in an air
line measured from main entrance to main entrance, from any
place of business in which there is already a retail vendor
licensed under said Sub-section ( j) of Section 7 hereof, nor
shall such license be issued during the period in which a
license for a place of business within said distance is renew-
able as a matter of course as provided in Section 2 hereof.
vA° ‘
- 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 restaurant, or 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 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 num—
ber of patrons, or shall reduce to less than the 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.
Nothing contained in this section shall prohibit the
issuance of a license to a vendor for a place of business
in which another vendor has, within twelve months, prior
to the application for said license, operated under a
license of the same class and kind as that applied for,
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.
Nothing contained in this section shall prohibit the
continuance or renewal of licenses as provided for in
Section 2 of this ordinance. "
SECTION 3. Whereas the welfare of the City is in peril this ordinance
is declared to be an emergency measure and the require—
ment of reading this ordinance on two separate days is
hereby dispensed with.
SECTION 4. This ordinance is hereby declared by the City Council to
be necessary for the immediate preservation of the public
peace and safety and shall go into effect immediately
upon its passage.
PASSED and ADOPTED this ,27th day of December, A. D, 1944.
Z44%' - •
Acting Mayor
Atte :
AMP
City lerk
—3—
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 . 725 entitled "AN ORDINANCE AMENDING
SECTIONS 4 AND 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 CER-
TAIN HOURS WHEN LIQUORS OR ALCOHOLIC BEVERAGES MAY NOT
BE SOLD OR DELIVERED IN THE CITY OF MIAMI BEACH; PRO-
HIBITING CURB SERVICE OF LIQUORS AND INTOXICATING BEV-
ERAGES EXCEPT BEER; PROHIBITING THE SALE OF LIQUOR
OR INTOXICATING BEVERAGES AT ANY GASOLINE FILLING STAT-
IONS; CREATING POSITION OF LIQUOR INSPECTOR AND PRE-
SCRIBING THE DUTIES THEREOF; PROVIDING FOR CERTAIN RE-
STRICTIONS 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 ORD-
INANCE, 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; DE-
CLARING 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 27th day of December,
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 30th day of January, A.D. 1945.
City Clerk
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