Ordinance 774 ORDINANCE NO. 774
AN ORDINANCE AMENDING SECTIONS 3 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, 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 APPLI-
CATION AND ADVERTISING THEREOF; MAKING IT UN-
LAWFUL 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; PRO-
HIBITING CURB SERVICE OF LIQUORS AND INTOXI-
CATING BEVERAGES EXCEPT BEER; PROHIBITING THE
SALE CF LIQUOR OR INTOXICATING BEVERAGES AT
ANY GASOLINE FILLING STATIONS; CREATING POSI-
TION OF LIQUOR INSPECTOR AND PRESCRIBING THE
DUTIES THEREOF; PROVIDING FOR CERTAIN RESTRIC-
TIONS ON THE PREMISES WHERE LIQUORS AND ALCO-
HOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE;
PRESCRIBING REGULATIONS FOR THE HANDLING OF IN-
TOXICATING 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 Section 3 of Ordinance No. 391 of the City of
Miami Beach, Florida, be and the same is hereby
amended to read as follows:
"Section 3. Except as herein otherwise provided,
no license shall be issued except annual licenses,
which shall be paid for on or before the first of
October and shall expire the first of the succeeding
October, provided that any person beginning after
the first of October and before the first of April
of any year may obtain a license upon the payment
of the annual license tax, and such license shall
expire on the first of the succeeding October;
provided further that any person beginning such
business on or after the first of April of any
year may procure a license expiring the first of
October of the same year on the payment of one-
half of the license tax herein required for the
annual license.
"PROVIDED, FURTHER, that if the holder of a license
hereunder shall make a bona fide sale of the business
for which the said license was issued, and the Vendee
in said sale shall apply for and receive and pay for a
similar license for the identical location, the Ven-
dor in said sale may make application for the voidance
of such license so issued to him and fifty (50%) per cent
- 1
of the sum of money paid by the Vendee in such
sale for said similar license shall forthwith
be refunded to the Vendor in said sale. "
SECTION 2: That sub-paragraph (d) of Section 4 of Ordinance No.
391 of the City of Miami Beach, Florida, reading as
follows:
" (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, how-
ever, 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. "
be and the same is hereby repealed.
SECTION 3: That this ordinance shall become effective imme-
diately upon its passage and posting as required
by law.
PASSED and ADOPTED this 7th day of August, A.D.
1946.
a•or
ATTEST:
----44244i y Clerk
lst reading - July 17, 1946
2nd reading - July 17, 1946
3rd reading - August 7, 1946
Posted - August 7, 1946
STATE OF FLORIDA )
COtJNT1 OF DADE )
I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach,
Florida, do• hereby certify that Ordinance No. 774, entitled: "AN ORDINANCE
AMENDING SECTIONS 3 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, 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; 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 OR-
DINANCE, AND PROVIDING THAT THE CITY COUNCIL MAY REVOKE A LICENSE AS ISSUED UN-
DER 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 7th day of August,
A. D. , 1946, 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 12th day of
September, A. D. , 1946.
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