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Resolution 8853 RESOLUTION NO. 8853 BE IT RESOLVED by the City Council of the City of Miami Beach, Florida, that it is deemed to be to the best interest of said City to secure the passage, at the 1955 Session of the State Legislature, of a Bill entitled: "AN ACT AMENDING SECTION_2 AND SECTION 3 OF CHAPTER 24710, LAWS OF FLORIDA, ACTS OF 1947, ENTITLED 'AN ACT AUTHORIZING AND EMPOWERING THE CITY OF MIAMI BEACH, IN DADE COUNTY, FLORIDA, BY ORDINANCE OF ITS CITY COUNCIL, TO LIMIT THE NUMBER OF LICENSES GRANTED BY THE CITY OF MIAMI BEACH, FLORIDA FOR THE SALE OF INTOXICATING BEVERAGES WITHIN ITS CORPORATE LIMITS BY VENDORS OPERATING PLACES OF BUSINESS WHERE BEVERAGES CONTAIN- ING ALCOHOL OF MORE THAN FOURTEEN PER CENTUM BY WEIGHT ARE SOLD, TO ONE SUCH LICENSE FOR EACH FIFTEEN HUNDRED PERSONS IN THE CITY OF MIAMI BEACH, ACCORDING TO THE LAST PRECEDING FEDERAL CENSUS, AND PROVIDING THAT ANY SUCH LICENSES ISSUED TO OR HELD BY OPERATORS OF RAIL- ROADS, SLEEPING CARS, STEAMSHIPS, BUSES AND AIRPLANES, INCORPORATED CLUBS, INCLUDING SOCIAL CLUBS, CATERERS AT HORSE AND DOG RACING PLANTS, AS DEFINED IN THE BEVERAGE LAW OF THE STATE OF FLORIDA, HOTELS HAVING ONE HUNDRED OR MORE GUEST ROOMS AND BONA FIDE RESTAUR- ANTS WITH A SEATING CAPACITY FOR SIX HUNDRED OR MORE PATRONS AND IN WHICH THE ROOFED IN FLOOR AREA WHEREIN FOOD IS SERVED TO GUESTS CONTAINS NOT LESS THAN FORTY- EIGHT HUNDRED SQUARE FEET, SHALL NOT BE CONSIDERED NOR COUNTED IN ARRIVING AT THE NUMBER OF SUCH LICENSES TO BE ISSUED BY SAID CITY BY VIRTUE OF ANY ORDINANCE ADOPTED UNDER THE PROVISIONS HEREOF AND PROVIDING THAT NO SUCH LIMITATION BY ORDINANCE SHALL AFFECT OR PREVENT THE RENEWAL OR TRANSFER OF SUCH LICENSES AS MAY BE IN EFFECT ON THE EFFECTIVE DATE HEREOF ' ; SO AS TO RANGE REQUIRE- MENTS FOR THE ISSUANCE TO HOTELS HAVING ONE HUNDRED OR MORE GUEST ROOMS OF LICENSES FOR THE SALE OF BEVERAGES REGARDLESS OF ALCOHOLIC CONTENT; TO PROVIDE THAT NO LICENSE HERETOFORE ISSUED TO SUCH HOTELS SHALL BE RENEWED OR TRANSFERRED UNLESS SUCH HOTELS MEET THE REQUIREMENTS SET FORTH IN THIS ACT; AND TO PROVIDE THAT CHARTERED OR INCORPORATED CLUBS, INCLUDING SOCIAL CLUBS, SHALL BE EXCLUDED FROM THE LIMITATION UPON THE NUMBER OF SUCH LICENSES TO BE ISSUED BY THE CITY OF MIAMI BEACH. " BE IT FURTHER RESOLVED that copies of this Resolution and of said Bill be furnished to the Honorable R. B. Gautier, the Honorable George S. Okell, the Honorable W. C . Herrell and the Honorable John B. Orr, Jr., Members of the Florida Legislature from Dade County, and that they each be respectfully requested to see that said Bill be introduced and passed at said Session. PASSED and ADOPTED this 2nd day of March, A. p. 1955• Mayor ATTEST: 7,,,,000 C. Tomlinson, City Clerk By Deputy C ity C e OFFICE OF CITY ATTORNEY- CITY HALL - MIAMI BEACH 39, FLORIDA A BILL TO BE ENTITLED AN ACT AMENDING SECTION 2 AND SECTION 3 OF CHAPTER 24710, LAWS OF FLORIDA, ACTS OF 1947 ENTITLED "AN ACT AUTHORIZING AND EMPOWERING THE CITY OF MIAMI BEACH, IN DADE COUNTY, FLORIDA, BY ORDINANCE OF ITS CITY COUNCIL, TO LIMIT THE NUMBER OF LICENSES GRANTED BY THE CITY OF MIAMI BEACH, FLORIDA FOR THE SALE OF INTOXICATING BEVERAGES WITHIN ITS CORPORATE LIMITS BY VENDORS OPERATING PLACES OF BUSINESS WHERE BEVERAGES CONTAINING ALCOHOL OF MORE THAN FOURTEEN PER CENTUM BY WEIGHT ARE SOLD, TO ONE SUCH LICENSE FOR EACH FIFTEEN HUNDRED PERSONS IN THE CITY OF MIAMI BEACH, ACCORDING TO THE LAST PRECEDING FEDERAL CENSUS, AND PROVIDING THAT ANY SUCH LICENSES ISSUED TO OR HELD BY OPERATORS OF RAIL- ROADS, SLEEPING CARS, STEAMSHIPS, BUSES AND AIRPLANES,INCORPORATED CLUBS, INCLUDING SOCIAL CLUBS, CATERERS AT HORSE AND DOG RACING PLANTS, AS DEFINED IN THE BEVERAGE LAW OF THE STATE OF FLORIDA, HOTELS HAVING ONE HUNDRED OR MORE GUEST ROOMS AND BONA FIDE RESTAURANTS WITH A SEATING CAPACITY FOR SIX HUNDRED OR MORE PATRONS AND IN WHICH THE ROOFED IN FLOOR AREA WHEREIN FOOD IS SERVED TO GUESTS CONTAINS NOT LESS THAN FORTY-EIGHT HUNDRED SQUARE FEET, SHALL NOT BE CONSIDERED NOR COUNTED IN ARRIVING AT THE NUMBER OF SUCH LICENSES TO BE ISSUED BY SAID CITY BY VIRTUE OF ANY ORDINANCE ADOPTED UNDER THE PROVISIONS HEREOF AND PROVIDING THAT NO SUCH LIMITATION BY ORDINANCE SHALL AFFECT OR PREVENT THE RENEWAL OR TRANSFER OF SUCH LICENSES AS MAY BE IN EFFECT ON THE EFFECTIVE DATE HEREOF"; SO AS TO CHANGE REQUIREMENTS FOR THE ISSUANCE TO . HOTELS. HAVING ONE HUNDRED OR MORE GUEST ROOMS OF LICENSES FOR THE SALE OF BEVERAGES REGARDLESS OF ALCOHOLIC CONTENT; TO PROVIDE THAT NO LICENSE HERETOFORE ISSUED TO SUCH HOTELS SHALL BE RENEWED OR TRANSFERRED UNLESS SUCH HOTELS MEET THE REQUIREMENTS SET FORTH IN THIS ACT; AND TO PROVIDE THAT CHARTERED OR INCORPORATED CLUBS, INCLUDING SOCIAL CLUBS, SHALL BE EXCLUDED FROM THE LIMITATION UPON THE NUMBER OF SUCH LICENSES TO BE ISSUED BY THE CITY OF MIAMI BEACH. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: SECTION 1. That Section 2 of Chapter 24710, Laws of Florida, Acts of 1947 be and the same is hereby amended to read as follows: "SECTION 2. (1) Any ordinance passed and adopted hereunder by said City of Miami Beach, or on its behalf by the City Council, shall exclude from - 1 - OFFICE OF CITY ATTORNEY - CITY HALL - !CLAM BEACH 39, FLORIDA its operation and shall take no account of and shall not consider nor affect nor prohibit the issuance of licenses for the sale of alcoholic beverages regardless of alcoholic content for consumption on the premises to the following: (a) Operators of steamships and steamship lines, buses and bus lines, airplanes and airlines, horse and dog racing plants; chartered or incorporated clubs, including social clubs, all as defined by, and meeting the requirements of Section 561 .34, Florida Statutes, 1953. (b) Hotels having one hundred or more guest rooms, provided that the place for the sale thereof therein shall be located, and such business shall be conducted, entirely within such hotel building, in such manner that no sign, advertisement or other appearance or indication of the existence of such place of business, nor any activity of whatsoever nature connected therewith shall be visible at any time or in any manner from any public street, avenue, walk or other public way, and such place of business shall not be accessible to patrons thereof directly from a public street, avenue, walk or other public thoroughfare nor indirectly by means of any vestibule, foyer, entry- way or room unless such vestibule, foyer, entry-way or room is accessible only from the main entrance and main lobby of the hotel as such entrance or lobby has been designated on plans of said hotel building filed with and approved by the Building Inspector of the City of Miami Beach, and the door of any emergency exit provided for such place of business shall be identified as such exit door by words or letters on the interior thereof only, and such exit shall be kept closed at all times except for emergency use and the door shall be so constructed, equipped and fitted that no entry into such place of business can - 2 - OFFICE OF CITY ATTORNEY- CITY HALL- MIAMI BEACH 39, FLORIDA N' be obtained by opening it from the exterior thereof; and provided further that such place of business may be accessible to patrons thereof from a patio, yard, court or other open area adjoin- ing the hotel building where such area is enclosed on the side or sides abutting or visible from a public street, avenue or thoroughfare, by an opaque wall containing no facilities for entrance into such open area from the exterior of the wall, and any emergency exit door which may be provided in such wall shallbe identified as such exit by words or letters on the interior of the exit door only, and such exit door shall not be visible from any public street, way or thoroughfare, and such exit door or doors shall be kept closed and locked at all times except in case of emergency and shall be so constructed and equipped that entry into said open area cannot be obtained through said exit by opening the door from the exterior thereof, and provided further that compliance with all requirements, restrictions and conditions herein provided have been certified to by the Building Inspector of the City of Miami Beach, and that said requirements, restrictions and conditions are maintained at all times . (c) Service Bars, as hereinafter defined, in restaurants with a seating capacity of 480 or more patrons and inwhich the roofed-in floor area provided for dining tables and chairs in the room or portion of said restaurant wherein food is served to guests, is not less than 4800 square feet . (2) No license issued for the sale of said beverages in any of the places mentioned in this section shall be counted or considered in arriving at the number - 3 - OFFICE OF CITY ATTORNEY- CITY HALL-MIAMI BEACH 39, FLORIDA 7-- of such licenses to be issued under any ordinance adopted by authority of Section 1 of this Act. (3) The term "service bar" as used herein shall mean a bar or counter used in connection with the operation of a bona fide restaurant situated in the kitchen or some room where guests are not allowed to enter, but not situated within the room or that portion of said restaurant wherein food is served to guests." • SECTION 2. That Section 3 of Chapter 24710, Laws of Florida, Acts of 1947 be and the same is hereby amended to read as follows : "SECTION 3. No ordinance adopted pursuant to the provisions of this Act shall restrict or prohibit the renewal from year to year, by the City of Miami Beach, or the transfer from one holder to another of licenses issued and in effect on ,June 16th, 1947, for the sale of beverages regardless of alcoholic content, under such regulations as shall be prescribed by the City of Miami Beach, provided, however, that no such license heretofore or hereafter issued by the City of Miami Beach to any hotel by reason of such hotel having one hundred or more guest rooms shall hereafter be renewed or transferred unless such hotel meets the requirements set forth in Section 2 (1) (b) hereof. " • SECTION 3. If any word, phrase, clause, sentence or paragraph of this Act shall hereafter be held unconstitutional, the remaining parts of this Act shall cm tinue in full force and effect as though said unconstitutional part thereof had never been included herein. SECTION 4. All laws or parts of laws in conflict herewith are hereby repealed. SECTION 5. This Act shall take effect immediately upon its becoming a law. - 4 - OFFICE OF CITY ATTORNEY- CITY HALL -IMAM/BEACH 99, FLORIDA a) 0 a) I C c, Cd O to •ri H O H 04 0 0 ° O4I0 Cn 04 a) wco a �- - 0 4-1 E CO Ori o a3OJ c ) O O � 4-) 00 d• 0 ta0 •• 0 ,Z •.'b f+ I Z Z CdH � ri4 P a) 0 • Z M I <4 r1 H 0 cd pq F, +1 bO H H 0 aO o OHOO44-44ri b0 cdO -1 r1 tT r♦ O co I) 0 Hd-, •iH U1H 0 Cl) d-) Cd a ,Q 4-3 cQ cd (x� ai ri -N cd ,-1 S•r ,O (Y, 0 WO Cd C13 • rf a 0 4 H