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1624-17 Clubs • • 4 ORDINANCE NO. 132 AN ORDINANCE AMENDING ORDINANCE NO. 391 OF THE CITY OF MIAMI BEACH, ENTITLED: "AN ORDINANCE PROVIDING FOR AND REQUIRING THE LICENSING OF ALL PERSONS, FIRMS AND CORPORATIONS SELLING MANU- FACTURING OR RECTIFYING LIQUORS AND BEVERAGES CONTAINING ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH HEREIN; PROVIDING THAT NO LICENSE SHALL BE TRANSVERABLE ALD NO EXEMPTION FROM LICENSE TAXES SHALL BE HAD; PROVIDING AND FIX- ING THE AMOUNT OF LICENSE FEES; PROVIDING FOR APPLICATION AND ADVERTISING THEREOF; MAKING IT UNLAWFUL 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; PRO- HIBITING CURB SERVICE OF LIQUORS AND INTOXICA- TING BEVERAGES EXCEPT BEER; PROHIBITING 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 RESTRICTIONS ON THE PREMISES WHERE LIQUORS AND ALCOHOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRESCRIBING REGU- LATIONS 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; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That that portion of Section 1 of Ordinance No. 391 of the City of Miami Beach, Florida, reading as fol- lows: "The term "Night Club" as used in this ordinance shall mean a restaurant, dining room, or other establishment where intoxicating liquor is sold, given away, or consumed on the premises, and where floor shows or other forms of entertainment are provided for guests at any time between the hours of midnight and 7:00 o'clock A.M. Night Clubs shall be soundproofed and their windows, doors and other openings kept closed in order that the noises therefrom may not disrupt the peace and quiet of the neighborhood." be and the same is hereby amended to read as follows: "The term "Night Club" as used in this ordinance shall mean a restaurant, dining room, or other establishment, duly licensed as a "Night Club" under the terms of Ordinance No. 394 of the City of Miami Beach, Florida, where intoxicating li- quor is sold given away, or consumed on the premises, and where floor shows or other forms of entertainment are provided for guests at any time between the hours of 1:00 o'clock A.M. and 7:00 o'clock A.M. in addition to the hours during which such entertainment is otherwise permitted by ordi- nance. "Night Clubs" shall be soundproofed and -1- OFFICE OF CITY ATTORNEY-CITY HALL-MIAMI BEACH 39,FLORIDA • air-conditioned, and their windows, doors and other openings kept closed in order that the noises therefrom may not disrupt the peace and quiet of the neighborhood. The term "Cabaret" as used in this ordinance, shall mean a place of business other than a "Night Club", located in a "Restaurant" as defined in this ordinance, or in a hotel having 100 or more guest rooms, where intoxicating liquor is sold, given away, or consumed on the premises, which place of business is duly licensed as a "Cabaret" under the terms of Ordinance No. 394 of the City of Miami Beach, Florida, and where en- tertainment is permitted or providefor guests at any time between the hours of midnight and 1:03 o'clock A.M. on days other than Sunday in addition to the hours during which such entertainment is otherwise permitted by ordinance. A "Cabaret" shall be in a wholly enclosed, soundproofed, air- conditioned room or rooms." SECTION 2: That Section 18 of Ordinance No. 391 of the City of Miami Beach, Florida, reading as follows: "SECTION 18: No licensed Vendor, except Night Clubs as in this ordinance defined, shall permit or allow any music or other form of entertainment in the place of business of such Vendor, or in any room connecting directly therewith through doors or other means of ingress or egress; provided, however, that orchestra music may be provided in resaurants or dining rooms equipped with a service bar not ac- cessible to the public up to, but not later than 12:00 o'clock midnight; and provided, further, that string music, mechanical phonograph and radio, the sound of which is not audible a distance of more than fifty (50) feet from the place of business of the Vendor, may be provided by a Vendor licensed under subsection (g) and (j) of Section 7 hereof, until 12:00 o'clock midnight." be and the same is hereby amended to read as follows: "SECTION 18: No licensed Vendor except "Clubs" and "Night Clubs" as in this ordinance defined, shall permit or allow any music or other forms of entertainment in the place of business of such Vendor, or in any room connecting directly there- with through doors or other means of ingress or egress, except as hereinafter provided in this section. String music, mechanical phonograph and radio, the sound of which is not audible a distance of more than fifty (50) feet from the place of business of the Vendor, may be permitted or provided by any Ven- dor licensed under Sub-section (g) or Sub-section (j) of Section 7 of this ordinance, between the hours of 7:00 o'clock A.M. and 12: 0 o'clock mid- night, every day and during the hour between mid- night on Saturday and 1:00 o'clock A.M., on Sunday. Orchestra music may be permitted or provided by any Vendor licensed under Sub-section (g) of Section 7 of this ordinance whose place of business is in a restaurant or dining room equipped only with a"ser- vice bar" as defined in this ordinance, between the -2- OFFICE OF CITY ATTORNEY-CITY HALL-MIAMI BEACH 39,FLORIDA I - • i • hours of 7:00 o'clock A.M. and 12:00 o'clock midnight, every day and during the hour between midnight on Saturday and 1:00 o'clock A.M., on Sunday. Any vendor licensed under Sub-section (g) of Section 7 of this ordinance, whose place of busi- ness constitutes a "Cabaretas in this ordinance defined, may permit or provide, at any hour on any day except between the hours of 1:00 o'clock A . M., and 7:00 o'clock A.M., the following music and other forms of entertainment; (a) Music produced or furnished by mechanical phonograph, radio receiver or instrumental soloist; (b) Orchestra music and vocalists incidental thereto, provided such vocalists are bona fide members of the orchestra; (c) Music and singing incidental to the conduct of non-professional dancing by guests or patrons; (d) Mind-reading exhibitions not accompanied by music or other entertainment." SECTION l: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 17th day of May A.D. 1950. ,c) 10..,C, Acting Mayor Attest: ( 41� City Clerk 1st reading - May 3, 1950 end reading - May 3 1950 3rd reading - May 17, 1950 Posted - May 18, 1950 -3- OFFICE 3-OFFICE OF CITY ATTORNEY-CITY HALL-MIAMI BEACH 39,FLORIDA • 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. 932, entitled: "AN ORDINANCE AMENDING ORDINANCE NC. 391 OF THE CITY OF MIAMI BEACH, ENTITLED: 'AN ORDINANCE PROVIDING FOR AND REQUIRING THE LICENSING OF ALL PERSONS, FIRMS AND CORPORATION SELLING, MANUFACTUR- ING 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- VIDING AND FIXING THE AMOUNT OF LICENSE FEES; PRO- VIDING FOR APPLICATION AND ADVERTISING THEREOF; MAKING IT UNLAWFUL 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; PROHIBITING 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 RESTRICTIONS ON THE PREMISES WHERE LIQUORS AND ALCOHOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRESCRIBING REGULATIONS FOR TPE 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 TN CONFLICT HERE- WITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE", having been passed and adopted by the City Council of the City of Miami Beach, 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 18th day of May, 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 20th day of June, A. D. 1950. vC/ City Clerk