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Ordinance 80-2242ORDINANCE NO. 80-2242 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI BEACH; REPEALING ARTICLE I, SECTIONS 18-1 THROUGH 18-37 REGARDING INTOXI- CATING LIQUOR REGULATIONS; PROVIDING FOR DEFINI- TIONS; PROVIDING FOR PERMIT FEES; PROVIDING FOR HOURS OF SALE; PROVIDING FOR SALES NEAR CHURCHES, SCHOOLS AND OTHER ALCOHOLIC BEVERAGE ESTABLISH- MENTS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: repealed. SECTION 2: That Chapter 18, Article I, Sections 18-1 through 18-37 of the Miami Beach Code be and are hereby That Chapter 18 is hereby amended by the addition of a new section 18-1 to read as follows: Sec. 18-1. Definitions The following words and phrases, when used herein, shall for the purpose of this chapter, have the meanings re- spectively ascribed to them as follows: BEER - An alcoholic fermented beverage made from malt and hops. BLOCK - That portion of a street between two intersecting streets. LIQUOR - All distilled or rectified spirits, brandy, whiskey, rum, gin, cordials or similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing. PRIVATE CLUB - Buildings and facilities or premises used or operated by an organization or association for some common purpose, such as, but not limited to, a fraternal, social, educational or recreational purpose, but not including clubs organized primarily for profit or to render a service which is customarily carried on as a business. Such organizations and associations shall be incorporated under the Laws of Florida as a non-profit corporation and such corporation's major purpose shall not be for the purpose of serving alco- holic beverages to its members or others. RESTAURANT - An establishment where refreshments or meals may be procured by the public and where the chief busi- ness is the furnishing of eatables to be consumed on the premises. RETAIL VENDOR - Any person selling, offering for sale or keeping with the intention of selling to the consum- er, liquor, wine, beer or other alcoholic beverages. VENDOR - Any person selling or dealing in liquor, wines, beer or any other alcoholic beverages. One of Four OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 • WHOLESALE VENDOR - Any person who sells or offers to sell, consigns or offers to consign, any liquor, wine, beer or any other alcoholic beverages for resale or in large quantities which are beyond the needs of an ordinary consumer. WINE - The product of the normal alcoholic fermentation of the juice of fresh, sound, ripe fruit, with the usual cellar treatment and necessary additions to correct de- fects due to climatic saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-four per centum by volume. No other product shall be called "wine" un- less designated by appropriate prefixes descriptive of the fruit or other product from which same was predomi- nantly produced or as artificial or imitation wine. SECTION 3: That Chapter 18, of the Miami Beach Code is hereby amended by the addition of the following new Section 18-2 to read as follows: Sec. 18-2 Licenses No vendor shall sell or distribute any alcoholic beverages without securing a license as described in Chapter 20, Section 20-17. SECTION 4: That Chapter 18, of the Miami Beach Code is hereby amended by the addition of a new Section 18-3 to read as follows: Sec. 18-3 Hours of Sale No alcoholic beverages shall be sold or served within the City of Miami Beach except at such hours and on such days and by such vendors as set forth below: (a) ESTABLISHMENT FOR PACKAGE SALES ONLY. Vendors holding a license from the state beverage department for the sale of liquor and other alcoholic beverages for consumption off the premises only, shall make no sale of alcoholic beverages on Sundays, and shall make no sale of alcoholic beverages during week days except between the hours of 8:00 a.m. and 8:00 p.m.; provided, however, that vendors operating stores primarily for the sale of products other than alcoholic beverages may make sales of beer and wine in sealed containers for consumption off the premises during the hours of 8:00 a.m. and 2:00 a.m. on any day of the week. (b) ESTABLISHMENTS FOR ON -PREMISES CONSUMPTION SALES. Vendors having a license from the state beverage depart- ment for the sale of alcoholic beverages for consump- tion on the premises shall make no sales of such alco- holic beverages on any day except between the hours of 8:00 a.m. and 2:00 a.m. of the following day. Provided that, vendors (as described above) having secured an extra -hour license, issued by the City of Miami Beach shall make no sales of such alcoholic beverages on any day except between the hours of 8:00 a.m. and 5:00 a.m. of the following day. Two of Four OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 Every such vendor shall close and keep closed his place of business and not allow any customer to remain therein during the hours that sales are not permitted. Private clubs serving, selling or dispensing liquor, beer or wine shall be governed by the foregoing hours of sale. Sec. 18-4. Location of Establishments (a) No liquor shall be sold within three hundred feet from any church property, nor within three hundred feet from any public school property, nor within three hun- dred feet from any property upon which there is maintained a private school operated for the instruction of minors in the common branches of learning, except such places of business as are already established. Distances under this subsection shall be measured by following the shortest route of ordinary pedestrian travel along the public through - fare from the main entrance of such place of business to the nearest point of the property used for public worship pur- poses, and in the case of a school, to the nearest point of the school facilities. (b) Except for hotels containing fifty (50) or more guest rooms, or in bonafide restaurants, no premises shall be used for the sale of any alcoholic beverages, to be consumed on the premises where the structure or place of business intended for such use is located less than three hundred (300) feet from a place of business having an existing, unabandoned, legally established alcoholic beverage use which permits consumption on the premises. The three hundred feet distance requirement shall be measured by following a straight line from the nearest portion of the structure of the place of business. (c) No beer or wine shall be sold within three hundred feet from any property used for public worship purposes, nor within three hundred feet from any public school property, nor within three hundred feet from any property upon which there is maintained a private school operated for the ins- truction of minors in the common branches of learning, pro- vided that, bonafide restaurant establishments serving meals as their principal business may be located within one hundred and fifty feet of the aforementioned uses, ex- cept for restaurants fronting on Lincoln Road or Lincoln Road Mall where no beer or wine shall be sold within one hun- dred feet from any property used for public worship, and except such places of business as are already established; provided, that nothing in this subsection shall apply to or affect the sale of beer or wine where such beverages are sold only in sealed containers for consumption off the premises. Distances under this subsection shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of such place of business to the nearest point of the property used for public worship purposes, and in the case of a school, to the nearest point of the school facilities. SECTION 5: That Chapter 18, of the Miami Beach Code is hereby amended by the addition of a new Section 18-5 to read as follows: Sec. 18-50. Penalty. Any person who violates the provisions of this chapter shall, upon conviction thereof, be punished as provided Three of Four OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 by section 1-8. In addition thereto, the license held by such person may be revoked, in the discretion of the city council. SECTION 6: Severability. If any section, sub -section, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of compe- tent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the valid- ity of the remaining portions of this Ordinance. SECTION 7: pealed. SECTION 8: ATTEST: Repealer. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby re - This Ordinance shall become effective upon its passage in accordance with law. PASSED and ADOPTED this 17th day of December , 1980. 1st Reading - October 28, 1980 2nd Reading - December 17, 1980 12/10/80 LTA/mp Four of Four FORiVi APPROVED LEGAL DEPT. 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