1624-16 Clubs ORDINANCE NO. 391
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; PRO-
TIDING AND FIXING THE AMOUNT OF LICENSE
FEES; PROVIDING FOR APPLICATION AND
ADVERTISING THEREOF; MAKING IT UN-
LAWFUL TO SELL LIQUORS AND ALCOHOLIC
BEVERAGES TO CERTAIN PERSONS; FIXING
CERTAIN HOURS WHEN LIQUOR OR ALCOHOLIC BEVERY
AGES MAT:NOT NOT BE SOLD OR D LIVER D IN _'
THE CITY OF MIAMI BEACH; PROHIBITING
CURB SERVICE OF LIQUORS AND INTOXI-
CATING BEVERAGES EXCEPT BEER; PROI?IB-
ITING THE SALE OF LIQUOR OR INTOXICATING
BEVERAGES AT ANY GASOLINE FILLING
STATIONS; CREATING POSITION OF LIQUOR
INSPECTOR AND PRESCRIBING THE 'DUTIES
THEREOF; PROVIDING FOR CERTAIN RE-
STRICTIONS ON THE PREMISES WHERE LIQUORS
AND ALCOHOLIC BEVERAGES ARE SOLD AND
OFFERED FOR SALE; PRESCRIBING REGULA-
TIONS FOR THE HANDLING OF INTOXICATING
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; DECLAR-
ING THIS ORDINANCE TO BE AN EMERGENCY
MEASURE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. The term "Vendor" as used in this ordinance
shall mean any person, firm or corporation
selling or dealing in liquor, wines, beer and/or any other alco-
holic beverages.
The term "person" as used in this ordinance
shall mean any individual , company, corporation, co-partnership
or association.
The term "Retail Vendor" shall include aiy
person selling or offering for sale, or keeping"with the in-
tention of selling to the consumer,liquor, wine, beer and/or
alcoholic beverages.
The term "Wholesale Vendor" shall include
any person who sells or offers to sell, consign 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.
The term "Distiller" mans any person who
owns, occupies, carries on, work in, conducts or operates any
distillery, Dither by himself or by his agent.
The term "Distillery" means and includes
any place and premises wherein any liquor is manufactured
for sale.
The term "Liquor" means and includes any
all distilled or rectified spirits, brandy, whiskey, rum,
gin, ala or similar distilled alcoholic beverages, in-
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eluding all dilutions and mixtures of one or mure of the
foregoing.
The term "wine" means 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 defects due to climatic saccharine
and seasonal conditions, including champagne, sparkling
and fortified wine of an alcoholic content not to exceed
twenty-four per center, by volume. No other product shall
be called "Wine" unless designated by appropriate prefixes
descriptive of the fruit or other product from which same
was predominantly produced or as artificial or imitation wine.
The term "redtifier" means and includes any
person who rectifies, purifier or refines distilled spirits
or wines by any process,5ther than as provided for on die-
tillery premises and every person who without rectifying,
purifying or refining distilled liquors, shall by mixing such
spirits, wine, cr other liquor with any naterisloman:zfacture
any imitation of,. or compound5liquors for sale under the
name of whiskey, brandy, gin, rum, spirits, cordials, bitters
or any other name.
The term "Club" means and includes persons
associated together as a charter, or incorporated club, not
foe profit, including social clubs incorporated by Orders of
the Circuit Court Judges, after their charters have been
found to be for the objects authorized by law and approved
by said Judges as organized for lawful purposes and not for
• the purpose of evading license taxes on dealers in beverages,
defined herein, which said organizations are bona fide clubs,
had at the time of application fcr lieenoe heeeun:ler shall
have been in continuous active existence and operation for a
period of not less than two years in the County wncre They
exist, except clubs operated by or on behalf cf tn.) City as ?e_.
• fined by law.
The term "Night Club" as seed in this or-
dinance shall Basan a restauroet, dining room or similar es-
tablishment where a floor shorn or other form of on tertainrien_t
is provided for guests at any time between. 11:00 o'clock p.m.
11
and 7:00 o'clock a, m.
SECTION 2. That from and after the date when this or•-
der
ell
engage in, manage, operate eratece borocausees ftocbevoperatno er
operated the bson usiness
of vendor, as defined herein, without {arse procuring a City
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license thersfcr as herein previdel,and pay the amounts here-
inafter fixed and required by this ordinance. He snall mak e
sworn application ,o the City Clerk on forms provided by
said clerk for that purpoce oli which shall be given the acme,
occupation and place of business, tcgether with the mmnes of
the officers or meubers of the firm or individuals enerigei
in such business together with such further information as may
be required and the applicant fcr cuch license shall give the
names of five business or professional men as reference, who
may be called upon by the City of ;�ia,ui, reach, should it doors
advisable for information as tc the character, business in-
tegrity and past history of the person, firm or corporation
applying for a license under the teras and conditions of this
ordinance.
Such toether wit
to when said applicaticn shall tbenconsidered byhthetice City s
Council shall be published by the City Clerk once each week
for two (2) consecutive weeks in two (2) ne,vspcers published r
in the City cf :Liaimi B 3aoh at the expense of the applicant,
ir'mediately prior to the date of the nearin'• thereof, at
which time any parson interested may appearandobject to the
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granting of license to said applicant. Thereafter, the City
Council shall consider said application and either grant or
reject same according to its best judgment and discretion.
Pro-ri ded, that where an applicant shall
have been granted a lir:er.se urder this ordinance and such
license and continuations thereof have not .teen revoked and
his qualifications not impaired„ each a?F l.i.•an_t shall be
entitled to receive licensee dor e cceedir.g years as a matter
of course, upon app]ieation to the City Clerk and the payment
of the tax.
SECTION 3. Except as herein otherwise provided, no 11-
cense 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 Octui,er, provided
that any personalcginn±.ng after the final; of Ootober and be-
fore 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 the license tax herein required for the annual license.
SECTION 4. No license or licenses issued under the
provisions of this ordinance shall be
transferable or assignable from one parson to another, nor
from one location to another.
SECTION 5. There shall be no exemptions from license
taxes herein provided to any person, oorpo-
ration, or association of persons; any other law to the con-
trary notwithstanding.
SECTION 6. No person, firm or corporation shall engage
in or manage, Carry on or conduct the busi-
ness of a Vendor, Distiller, Rectifier, Winery or Club, prior
to October 1, 1935, without first obtaining a separate license
for each location in the City of Miami Beach; the said license
shall expire on October 1, 1935; the amount of such license
fee is hereby,fixed at $25.00, said license fee and advertising
charge to be deposited with the City Clerk at the time applica-
tion is filed.
SECTION 7. From and after Octoter lst, 1935, no person,
firm or corporation shall begage in or
manage, Carry on or conduct the business of a Vendor or dis-
tiller or rectifier, or winery, or club, without first ob-
taining a separate annual license for each location in the
City of Miami Beach; the amount of such annual license is here-
by fixed as follows, said license fee and advertising charge to
be deposited with the City Clerk at the time application is
filed:
(a) Winery $25.00
($ Distiller or Distillery 375.00
(c) Rectifier 625.00
(d) In those cases where a distiller
and rectifier are combined, or
operated in conjunction with each
other in the same location, the
same may be carried on under the
rectifier's license of 625.00
(a) Wholesale vendor selling liquor,
wine, or beer, regardless of
alcoholic content 625.00
(f) Wholesale vendor selling only
beverages containing alcohol of
more than 1% by weight, and
not more than 14% by weight,
aid wine, regardless of alco-
holic content 100.00
(g) Retail vendor selling bever-
ages consumed on the premises,
regardless of alooholic oon-
tent . . . . 375.00
(h) Retail vendors selling
beverages regardless of al-
coholic content, where the
beverages are sold only in
sealed containers for con-
sumption off the premises 28l.25
(i) Club§, as defined herein 62.50
(j) Retail vendors selling only
beverages containing alcohol
of more than 1% by weight,
and not more than 144 by weight,
and wines regardless of alcoholic
content 7.50
SECTIONte. No liquor or intoxicating beverages of any
kind or nature, including_ wines, liquors,
porter, ale or beer, shall be sold at any
gasoline filling station.
SECTION 9. No liquor, wine, beer, ale, or intoxicating
beverages shall be sold to any person, firm
or corporation under this ordinance where the container thereof
does not have and bear the stamps, marks and labels required
by the lams of the United States relating to intoxicating
beverages.
SECTION 10. No liquor or intoxicating beverages except
beer and ale shall be sold or served to
persons in automobiles and all curb service of liquor and in-
toxicating beverages except beer and ale is hereby prohibited.
SECTION I.1. No wholesale vendor licensed hereunder shall
sell to any person or persona, firms or corpo-
ration for resale within the City of Miami Beach, any liquors,
wine, beer, ale or intoxicating beverages except to those per-
sons or firms or corporations heading a license under this
ordinance.
SECTION 12. No retail vender licensed under this ordi-
nance shall purchase any liquors, wine,
beer, ale or intoxicating beverages from any person, firm or
corporation other than a licensed wholesale vendor, distiller,
rectifier, or winery licensed as such within the State of
Florida, or directly from manufecturers licensed by the
United States of America.
SECTION 13. Alcoholic beverages or liquors shall not be
sold.
(a) To any person who is intoxicated, nor to
any p rson who is known to bo a habitual drunkard.
(b) To any patient under the supervision or
control of any State Hospital, whether such patient be on fur—
lough, or otherwise.
(c) To any person actually less than twenty—
one years of age.
SECTION 14. No wholesale or retail vendor shall sell or
deliver any liquor to any person cr persons,
firm or corporation any day of General or Primary Election,
during the hours when the polls are open..
SECTION 15. No vendor shall sell or offer for sale, or
deliver, or serve, or permit to be con.»
sumed upon the premises of such vendor, any
liquors on any day between the hours of 2:00 O'clock a. m. and
7:00 o'olook a. m. , aid every vendor licensed under subdeotions
(e) , (g) or (h) of Section 7 hereof shall close and keep
closed his or its place of business, and shall transaetno
business therein or therefrom, and shall not allow customers
to remain therein between said hours, provided, however, that
this Section shall not apply to any Night Club, as defined in
this Ordinance.
SECTION 16. No liquor shall knowingly be sold to any
person convicted of non-support of wife,
family or other dependents.
SECTION 17. No Vendor licensed under subsections (e) , (g)
or (h) of Section 7 hereof shall permit or
allow any games of skill or chance on the premises of said
Vendor, or in any room where liquor is sold, or in any room
connecting directly or indirectly therewith through btairways,
hallways, doors, or other means of ingress or egress.
SECTION 18. No licensed Vendor, except Night Clubs as
herein defined, shall permit or allow any
music or other form of entertainment in any room where liquor
is sold, or in any room connecting directly therewith through
doors or other means of ingress or egress; provided, however,
that between 11:00 o'clock a. m. and 2:00 o'clock p.m. and be—
tween 5:00 o'clock p.m. and 11:00 o'clock p.m. orchestra music
may be provided by bona fide restaurants or dining rooms
equipped only with a service bar not accessible to the public.
SECTION 19. No licensed Vendor shall permit or allow on
his premises where such liquor or alcoholic
beverages are sold:
(a) Any screen, blind, curtain, partition,
article or thing in the window or upon doors which shall pre—
vent a clear view into the interior of such licensed premises
from the sidewalk at all times;
(b) Any booth, screen, partition or other
obstruction which shall prevent a clear view into the interior
of said licensed premises;
(c) Any swinging entrance doors;
(d) Any box, stall, partition, or any ob—
struction which prevents a full view of the entire room by
every person present therein;
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(e) Any opening or means of entrance or
passageway for persons or things between the licensed premises
and other rooms or places in the building containing the
licensed premises, or any adjoining or abutting building, except
where said licensed premises adjoins a restaurant or hotel
lobby. All glass in any window or door on said licensed
premises shall be clear and shall not be opaque, colored,
stained or frosted;
(f) Any display sign visible from the street
indicating that liquor is offered for sale.
SECTION 20. No license shall be issued under the terms
of this ordinance to any person convicted
of a felony.
SECTION 21. No wholesale Vendor, distiller or regtifier
issued a license under the terms of this
ordinance shall in any way be cormected"with or in any way
interested in, financially or otherwise, the business of any
retail vendor who is issued a license under the terms of this
ordinance.
SECTION 22. No liquor shall be sold for consumption on
the premises within 200 feet in an airline
from any church,nor within 200 feet in an airline from any
pubr.a.c school property, provided, however, that this Section
shall not apply to licenseegheretofore licensed by the City
of Uiam1 Beach until one year from the date this ordinance
goes into effect.
SECTION 23. No minor shall be employed for the purpose of
serving liquor, and no female shall be err
cloyed for the purpose of serving liquor, except waitresses in
bona fide restauraits equipped only with a service bar, not
acce sible to the *public.
SECTION 24, Zech day's selling or disposing of bevcrave
covered by this ordinance, without first
complying with the preceding sections will constitute a
separate aid distinct violation of this ordinance.
SECTION 25. Any person or persons, firm or corporation
or any member of any firms or corporation
violating the provisions of this ordinance shall, upon con—
viction, be punished by a fine not exceeding One Thousand
Dollars ($1,000.00) , or by imprisonment for r, period not ex-:
ceeding Ninety Days (90) , or by inth fine and imprisonment,
in the discretion of the Municipal Judge, and in addition
thereto, the license held by such uergon, firm or corporatior.
may be revoked in the discretion of the City Council.
SECTION 26. There is here'* created the position of
Liquor Inspector; who shall be appointed by
the City Council, whose duty it ;;.`nll be to see that the pro—
vio ons of this ordinance are ecus ied with, and who shall
perform such other duties as the City Council may from time to
time prescribe, and who shall hold office at the will of the
City Council.
SECTION 27. All ordinances and parts of ordinances in '
conflict herewith shall be, and the sane are,
hereby repealed,
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SECTION 28. The terms and provisions of this ordinaaoe
are not to repeal the terms and provisions
of the Zoning Ordinance.'
SECTION 29.. In the event any section, sub-section,
sentence, clause or phrase of this ordinance
shall be declared or adjudged invalid or unconstitutional,
such adjudication shall in no manner effect the other
sebtions, snb-sections, sentences, clauses, or phrases
of this ordinance which Walll be in full foroe and effect,
as if the section, sub-section, sentence, clause or phrase
so declared or adjudged invalid or unconstitutional was
not originally a part thereof;'
SECTION 30.' Whereas an emergency exists, this Ordinance
is hereby declared to be an emergency
measure on the ground of urgent public need for the preserve,
tion of peace, health, safety, welfare and property in the
City of Miami Beach.
PASSED AND ADOPTED this 17th day of July, A. D., 1935:
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ATTEST:
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APPROVED SY ME THIS /Q day oJuly, A. D., 1935.
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MG /` `�1/U� —
i / Mayor
let, 2nd and 3rd Reading July 17, 1935.
Posted - July 19th, 1935:
1
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. 391 entitled 'Al( ORDINANCE PROVIDING FOR AND REQUIRING THE
LICENSING OF ALL PERSONS, FIRMS AND CORPORATIONS SELLING, MAN-
UFACTURING OR RECTIFYING LIQUORS AND BEVERAGES CONTAINING ALCOHOL;
!MINING 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; MAILING IT UNLAN-
FUL 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; PROHIB-
ITING THE SALE OF LIQUOR OR INTOXICATING BEVERAGES AT ANY GASOLINE
FILLING STATIONS; CREATING POSITION OF LIQUOR INSPECTOR AND PRES-
CRIBING THE DUTIES THEREOF; PROVIDING 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 ORDINANCE, AND PROVIDING THAT THE CITY COUNCIL MAY REVOKE
A LICENSE AS ISSUED UNDER THIS ORDINANCE; REPEALING ALL LAWS AND PARTS OF
LAWS IN CONFLICT HEREWITH; DECLARING THIS ORDINANCE TO BE AN EMER-
GENCY MEASURE1" having been duly 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 Oity on the 19th day of
July, A."., 1935, 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 23rd day of September, 1935.
Llity Clerk