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Ordinance 82-2304ORDINANCE NO. 82-2304 AN ORDINANCE AMENDING CHAPTER 18, SECTION 18-1 AND SECTION 18-3 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING A DEFINITION FOR PRIVATE CLUB AND REGULATING CLOSING HOURS OF PRIVATE CLUBS AND PACKAGE STORES; PROVIDING FOR SEVERABILITY AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFEC- TIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Chapter 18, Section 18-1 of the Code of the City of Miami Beach, Florida, be and the same is hereby amended to read as follows: Sec. 18-1. Definitions. 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 ser- vice which is customarily carried on as a busi- ness. 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 alcoholic beverages to its members or others. However private clubs complying with the require- ments of Florida Statute 561.20 governing the issu- ance of licenses for racquetball, tennis and golf facilities may be incorporated as a profit-making organization. SECTION 2: That Chapter 18, Section 18-3 of the Code of the City of Miami Beach, Florida, be and the same is hereby amended 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. Ven- dors holding a license from the State beverage depart- meqt for the sale of liquor and other alcoholic bever- ages 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 pri- marily 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 consumption on the premises shall make no sales of such alcoholic beverages on any day except between the hours of 8:00 a.m. and 2:00 a.m. of the following day, provided that, ven- dors (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. 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. Prlrete-elczbs-serving;-selling-er eisgensng-lquer;-beer-er-,ulna-shall-be-geverned by-the-feregeing-hears-ef-sale.- In the event a vendor has a license to sell liquor and other alco- holic beverages for both on premises and off prem- ises consumption, in no event shall package sales be made outside of the hours enumerated in subsec- tion (a) above. (c) Private clubs shall not be governed by the closing hours set forth herein provided that ser- vice is made only to members and guests of members pursuant to Florida Statutes. However, any private club electing to remain open after 2:00 a.m. shall purchase an extra hours license and any private club electing to remain open after 5:00 a.m. must provide for security in its premises by hiring private secu- rity guards or off-duty policemen between the hours of 5:00 a.m. and 8:00 a.m. each day. Further, such private clubs shall not admit members to its premises between the hours of 7:00 a.m. and 8:00 a.m. each day. Private clubs which secure a license from the Division of Alcoholic Beverages and Tobacco by com- plying with the requirements of Florida Statutes 561.20 for racquetball, tennis or golf course fa- cilities, may admit its members at any time for use of such facilities, but may not serve alcoholic bev- erages after 2:00 a.m. each day unless it is the holder of an extra hours license and complies with the above requirements. SECTION 3: 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 competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 4: REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: This Ordinance shall take effect ten (10) days after adoption on April 16 , 1982. Attest: PASSED and ADOPTED this 6th day of April, 1982, City Clerk 1st Reading - March 17, 1982 2nd Reading - April 6, 1982 MLB:jj Mayor FORM APPROVED LEGAL DEPT. By -/ • -t uA-,34 uA,.t-g4 Date 3- / - Pz OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 m U • rl L4 U • 1+ O +-1 M a U I to 0 o0 M ri 0 .7 41 N 4-i O 14 I Ti .0 0 N G 0 +� 6 (:0 cd 0 00 V) z •H a H • r -I 1J •H Q1 U' O 1 •rl cA 00 • Z CO 0 0 c0 •H O W •4-r U U U 1J 41 cb Uro aoa U p c •H Z Ci) Fr• co G r j c0 0 • •H c1) 4-1 TJ 01) 0 G rl a) .0 O U U S b • a g v '10 cd< 0 ri 4 UUa