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Ordinance 914 ORDINANCE NO. 914 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, REGULATING THE DENSITY OF HUMAN OCCUPANCY IN PLACES WHERE FOOD AND BEVERAGES ARE SERVED TO THE PUBLIC; PROVIDING FOR THE INSPECTION AND SUPERVISION OF SUCH PLACES PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: It shall be unlawful for any person, firm or cor- poration, as owner, operator or manager or in any other capacity, having custody or control of any building or any room or premises in which building , room or premises food or bev- erages are served to the public, and where seating facilities for one hundred (100) or more patrons are provided, to permit or allow, at any time, a density of human occupancy, based on exit and fire protective facilities, increased beyond the minimum required by Ordinance No. 592 of the City of Miami Beach, Florida, commonly known as the "Building Code of the City of Miami Beach ", as pro- vided therein, for buildings erected thereunder, or in any case a density of human occupancy greater than one (1) person for each ten (10) square feet of floor area occupied by aisles, tables and chairs. SECTION 2: It shall be unlawful for any person, firm or corpora- tion, as described in Section 1 hereof, to cause, permit or allow the installation or providing of seating facilities for the use of guests greater in number than the number of persons permitted to occupy the building or space under the provisions of Section 1 of this ordinance. SECTION '1: It shall be the duty of every person, firm or corpora- tion, described in Section 1 of this ordinance, to ob- tain from the Chief Building Inspector a printed placard or sign indicating the allowable maximum legal human occupancy in number of persons and to display such placard or sign in a prominent position, to be designated by the Chief of the Fire Department, in or at the main entrance to the room or space where such occupancy is applic- able. Such placard or sign shall read as follows: "Occupancy of this room by more than persons is unsafe and subject to prosecution as a violation of law. " The lettering of such placard or sign shall be not less than two (2) inches in height. It shall be unlawful for anyone to post or place such placard or sign in any building or premises other than the building or premises for which it was issued, or to change the wording or numbers of such placard or sign without the written ap- proval of the Chief Building Inspector. SECTION 4: It shall be the duty of the Chief Building Inspector, and he is hereby directed to inspect, or cause to be inspected, all premises described in oection 1 of this ordinance and to issue certificates , in writing , together with the placards or signs provided for in Section 3 hereof, establishing the maximum density of human occupancy in terms of number of guests for the building or other space so inspected, in accordance with the legal limits of occupancy as determined by the provisions of Section 1 hereof. -1- SECTION 5: It shall be the duty of the Chief of the Fire Division, and he is hereby directed, to inspect, or cause to be inspected, all premises described in Section 1 of this ordinance, as often as may be necessary but not less than once each week during the period from December 1st of each year through March 31st of the following year, and at least once each month during the remainder of each year. The Chief of the Fire Division or any Fire Prevention Inspector designated by him, shall have, and is hereby authorized and directed to exercise full police powers to make arrests for violations of this ordinance. Such officers are further authorized and directed to take such action as may be necessary and proper in the opinion of the Chief of the Fire Division, under the circum- stances, to correct violations which occur in his presence, or in the presence of such Fire Prevention Inspector. SECTION 6: All ordinances or parts of ordinances in conflict here- with are hereby repealed. SECTION 7: Any person who shall violate, or fail to comply with, any of the provisions of this ordinance, shall be punished by a fine of not more than One Thousand 01,000.00) Dollars, or be imprisoned for not more than Ninety (90) Days, or both, in the discretion of the Court. Each day that a violation of this ordinance occurs, or is permitted to occur, shall be a separate offense punishable as is herein set forth. SECTION 8: This ordinance shall become effective immediately upon its passage and posting as required by law, PASSED and ADOPTED this 1st day of February, A. D. 1950. L Mayor ATTEST: 7). ) .‘.72*-00 City Clerk 1st reading - January 18, 1950 2nd reading - January 18, 1950 3rd reading - February 1, 1950 POSTED - February 1, 1950 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. 914, entitled: "AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, REGULATING THE DENSITY OF HUMAN OCCUPANCY IN PLACES WHERE FOOD AND BEVERAGES ARE SERVED TO THE PUBLIC; PROVIDING FOR THE INSPECTION AND SUPERVISION OF SUCH PLACES; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH", having been passed and adopted by the City Council of the City of Miami Reach, 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 1st day of February, A. D. 1950, 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 2nd day of March, A. D. 1950. *4) ; r City Clerk O ,.y Q 0 0 01 a f� tti Ci) 0 I- F'. • c: c-I `o 5• o HCs r V! `i '