Ordinance 76-2074 ORDINANCE NO. 76-2074
AN ORDINANCE AMENDING SECTION 18-45 OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, AS TO THE
RESTRICTIONS ON SALE OF LIQUOR IN ANY "D" DISTRICT,
SO AS TO PROVIDE THAT RESTAURANT FACILITIES IN
APARTMENT BUILDINGS HAVING 300 OR MORE UNITS AND
WHICH RESTAURANT FACILITIES HAVE 4, 000 SQ. FT. AND
HAVE SEATING CAPACITY FOR 200 PATRONS SHALL BE
EXCEPTED FROM SAID RESTRICTIONS ; AND AMENDING
SECTIONS 18-41. 1 AND 18-50 AS TO THE RESTRICTIONS
ON THE SALE OF LIQUOR IN ANY "A" OR "I" DISTRICT,
SO AS TO PROVIDE THAT RESTAURANT FACILITIES IN
APARTMENT BUILDINGS HAVING 4, 000 SQ. FT. AND HAVE
SEATING CAPACITY FOR 200 OR MORE PATRONS SHALL BE
EXCEPTED FROM SAID RESTRICTIONS, TO CONFORM WITH
STATE LAW.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That Section 18-45 of the Code of the City of Miami
Beach be and the same is hereby amended to read as
follows:
"Sec. 18-45. Restrictions on sale in "D"
district.
In any "D" district, the sale of liquor is
prohibited, except in "clubs" and in hotels
having one hundred or more sleeping rooms ,
which sleeping rooms shall meet the require-
ments of section 1305. 2 of the South Florida
Building Code, and except in restaurant facil-
ities located in apartment buildings having
three hundred or more units and which restau-
rant facilities have four thousand square feet
and have seating capacity for two hundred
patrons-; provided further, that the exterior
of the hotel or apartment facility in which
the business is carried on shall not contain
a store front in connection with such business
and the business so licensed shall only be
entered from within the building. It is further
provided that the sale of liquor from restaurant
facilities located in apartment facilities as
hereinabove described, shall be limited to sale
of such liquor from a "service bar" as defined
in section 18-1. (Code 1950 , § 15. 34; Ord. No.
74-1999, § 1. ) "
SECTION 2. That Section 18-41. 1 of the Code of the City of Miami
Beach be and the same is hereby amended to read as
follows:
"Sec. 18-41. 1. Certain restaurants classified
within "A" district.
All bona fide restaurants located and situated
in any business use district, as such business
use districts are defined in Ordinance No. 1891,
commonly known as the zoning ordinance, and
having a seating capacity for two hundred or
more patrons , and not less than four thou-
sand square feet of space shall, for the purposes
of this chapter, be in district "A" . (Ord. No.
1880, § 1. ) "
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OFFICE OF THE CITY ATTORNEY -- 1130 WASHINGTON AVENUE -°`-MIAMI BEACH, FLORIDA 33139
SECTION 3. That Section 18-50 of the Code of the City of Miami
Beach be and the same is hereby amended to read as
follows:
"Sec. 18-50. Restrictions on sales in "I"
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district.
In any "I" district, the sale of liquor for
consumption on the premises is prohibited, ex-
cept from service bars in bona fide restaurants
with a seating capacity for two hundred or more
patrons and not less than four thousand square
feet of space, and in hotels having one hundred
or more sleeping rooms; provided, that each of
the hotel sleeping rooms shall meet the require-
ments of section 1305.2 of the South Florida
Building Code; provided further, that the ex-
terior of the hotel in which the business is
carried on shall not contain a store front in
connection with the business and the business
so licensed shall only be entered from within the
building. (Code 1950 , § 15. 39. ) "
SECTION 4. All ordinances oY portions of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 5. This Ordinance shall go into effect ten days after
its passage in accordance with law.
PASSED and ADOPTED this 6th day of October , 1976.
Ade AI AM/
Mayor
Attest:
J
1
4.r . ,
City Clerk
1st reading - September 1 , 1976
2nd and final reading -
October 6, 1976
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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