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Ordinance 1518 ORDINANCE NO. 1518 AN ORDINANCE AMENDING ORDINANCE NO. 289, COMMONLY KNOWN AS THE "ZONING ORDINANCE OF MIAMI BEACH, FLORIDA". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION l: That Section 8 of Ordinance No. 289, commonly known as the "Zoning Ordinance of Miami Beach, Florida", be and the same is hereby amended by deleting Paragraph 2 thereof and substituting therefor the following: " (2) Automobile rental agencies, provided that such agencies comply with the following requirements: a. Provision is made for a suitably enclosed office space within a proper building structure and a garage or parking area adjacent thereto of sufficient size to park a minimum of 15 rental automobiles in parking spaces of 160 square feet each; storage of wrecked cars or others not in operating condition being prohibited. b. Parking space provided must be retained for automobile rental parking and not to be used for public parking or other main uses. Parking area for car rental must be in addition to the area used for service station uses. C. Repairs on parking areas to be limited to cars used for rental purposes only and such repairs being limited to those permitted in service stations as defined in this ordinance. However, this pro- vision shall not permit use of gasoline pumps or oil storage unless the property is licensed also as a service station, and such service station use is in add- ition to the foregoing requirements. d. Parking areas provided must meet the requirements of Chapter 24 of the Code of the City of Miami Beach regulating parking lots, and all rental cars in excess of the 15 space minimum require- ment shall not be stored or serviced on city streets while awaiting delivery to prospective customers. " SECTION 2: That Paragraph 4 of Section 4C of said ordinance be and the same is hereby amended to read as follows: -1- OFFICE CN CITY ATTORNEY- 1130 WABNINOTON AVENUE-MIAMI BEACH 39.FLORIDA "4. Hotels consisting of two hundred (200) or more guest rooms may contain cabarets, club cabaret and the following service facilities, to wit: Dance studios, barber shops, beauty shops, dining rooms, restaurants, coffee shops, tobacco, magazine, newspaper and drug sundry shops, and valet service facilities for guests of the hotel only, and wherein the installation or use of laundry or dry cleaning machinery or equipment shall not be permitted, massage service facilities, automobile rental sub-agencies, subject -Co the same requirements as other accessory use facilities enumerated in the aforementioned sections, provided that no rental cars be stored on the controlled premises or parking areas of such hotels unless there is a bona- fide contract on file at such hotel automo- bile rental sub-agency as proof that a par- ticular car stored is under hire in that area by a guest of the establishment, and further provided that during such normal parking the rented vehicle may not be ser- viced with gasoline or oil or repaired in such parking area while awaiting use by the rental customer, provided that said cabaret or service facilities shall be located and conducted entirely within said hotel building in such manner that no sign, advertisement or other appearance or indication of the exis- tence of such cabaret or service facility, nor any activity of whatsoever nature con- nected therewith shall be visible at any time or in any manner from any public street, ave- nue, walk or other public way and such cabaret and service facility shall not be accessible to patrons thereof directly from a public street, avenue, walk or other public thorough- fare, nor indirectly by means of any vestibule, foyer, entryway or room unless such vestibule, foyer, entryway or room is accessible only from the main entrance and main lobby of the hotel, as such entrance or lobby has been des- ignated on plans for the construction or alter- ation of said hotel building filed with and approved by the Chief Building Inspector, and the door of any emergency exit provided for such cabaret or service facility shall be identified as such exit door by words or let- ters 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 cabaret or service facility can be obtained by opening it from the exterior thereof; and provided further that such caba- ret or service facility may be accessible to patrons thereof from a patio, yard, court or other open area adjoining 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 con- -2- OFFICE OF CITY ATTORNEY- 1 130 WASHINGTON AVENUE-MIAMI BEACH 39, FLORIDA taining 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 shall be 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 con- structed 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 Chief Building Inspector and that said require- ments, restrictions and conditions are main- tained at all times; and provided further that proof to the satisfaction of the City Council of the failure by the owner, manager or person in control or custody of the cabaret or service facility or his or its agents or employees to comply with conditions as hereinabove set forth for the use of said premises shall be sufficient cause for the revocation by the City Council of the license or permit theretofore issued for the said cabaret or service facility or fac- ilities; and provided further that in addition to the penalties provided for in this ordinance for the violation thereof, the City Council may, in its own discretion, upon the conviction of any person, firm or corporation for the viola- tion of this provision, revoke the license, or permit held by the said person, firm or corp- oration for the cabaret or service facility herein provided for. " SECTION 3 : That Paragraph 4 of Section 4D of said ordinance be and the same is hereby amended to read as follows: "4. Hotels consisting of one hundred (100) or more guest rooms may contain cabarets, club cabaret and the following service facilities, to wit: Dance studios, barber shops, beauty shops, din- ing rooms, restaurants, coffee shops, tobacco, magazine, newspaper and drug sundry shops, and valet service facilities for guests of the hotel only, and wherein the installation or use of laundry or dry cleaning machinery or equipment shall not be permitted, massage service facil- ities, automobile rental sub-agencies, subject to the same requirements as other accessory use facilities enumerated in the aforementioned sections, provided that no rental cars be stored on the controlled premises or parking areas of such hotels unless there is a bonafide contract on file at such hotel automobile rental sub-agency as proof that a particular car stored is under hire in that area by a guest of the -3- OFFICE 3-OFFICE OF CITY ATTORNEY— 1 130 WASHINGTON AVENUE—MIAMI BEACH 39, FLORIDA establishment, and further provided that during such normal parking the rented vehicle may not be serviced with gasoline or oil or repaired in such parking area while awaiting use by the customer, shall be located and conducted en- tirely within said hotel building in such manner that no sign, advertisement or other appearance or indication of the existence of such cabaret or service facility, nor any activity of whatsoever nature connected there- with shall be visible at any time or in any manner from any public street, avenue, walk or other public way and such cabaret and ser- vice facility shall not be accessible to pat- rons thereof directly from a public street, avenue, walk or other public thoroughfare, nor indirectly by means of any vestibule, foyer, entryway or room, unless such vestibule, foyer, entryway 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 for the construction or alteration of said hotel building filed with andapproved by the Chief Building Inspector, and the door of any emergency exit provided for such cabaret or service facility 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 constructed, equipped and fitted that no entry into such cabaret or service facility can be obtained by opening it from the exterior thereof; and provided further that such cabaret or service facility may be access- ible to patrons thereof from a patio, yard, court or other open area adjoining 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 shall be identified as such exit by words or letters on the interior of the exit door only, and such exit door shall not be vis- ible from any public street, way or thoroughfare, and such exit door or doors shall be kept closed and locked at all times except in cases of emer- gency, 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 com- pliance with all requirements, restrictions and conditions herein provided have been certified to by the Chief Building Inspector and that said requirements, restrictions and conditions are maintained at all times; and provided further that proof to the satisfaction of the City Council of the failure by the owner, manager or person in control or custody of the cabaret or -4- OFFICE OF CITY ATTORNEY- 1 130 WASHINGTON AVENUE-MIAMI BEACH 39, FLORIDA service facility or his or its agents or employees to comply with conditions as herein above set forth for the use of said premises shall be sufficient cause for the revocation by the City Council of the license or permit theretofore issued for the said cabaret or service facility or facilities; and provided further that in add- ition to the penalties provided for in this ord- inance for the violation thereof, the City Council may, in its own discretion, upon the conviction of any person, firm or corporation for the vio- lation of this provision, revoke the license, or permit held by the said person, firm or corpor- ation for the violation of this provision, for the cabaret or service facility herein provided for. " SECTION 4: That Paragraph 4 of Section 5 of said ordinance be and the same is hereby amended to read as follows: "4. Hotels consisting of one hundred (100) or more guest rooms may contain cabarets, club cabaret, and the following service facilities, when de- signed and intended for use solely and exclu- sively as an incident to the principal hotel use, to-wit: Dance studios, barber shops, beauty shops, dining rooms, restaurants, coffee shops, Modistes, sale or wearing apparel, fur- riers, millinery shops, antique shops, jewelry stores, gift shops, telegraph stations, Llorist shops, fruit shippers, photograph galleries, tobacco, magazine, newspaper and drug sundry shops, and valet service facilities for guests of the hotel only, and wherein the installation or use of laundry or dry cleaning machinery or equipment shall not be permitted, massage ser- vice facilities, automobile rental sub-agencies, subject to the same requirements as other access- ory use facilities enumerated in the aforemen- tioned sections, provided that no rental cars be stored on the controlled premises or parking areas of such hotels unless there is a bonafide contract on file at such hotel automobile rental sub-agency as proof that a particular car stored is under hire in that area by a guest of the establishment, and further provided that during such normal parking the rented vehicle may not be serviced with gasoline or oil or repaired in such parking area while awaiting use by the rental customer, provided that said cabarets or service facilities shall be located and con- ducted entirely within said hotel building in such manner that no sign, advertisement or other appearance or indication of the existence of such cabaret or service facility, nor any activity of whatsoever nature connected there- with shall be visible at any time or in any manner from any public street, avenue, walk -5- OFFICE OF CITY ATTORNEY— 1 130 WASHINGTON AVENUE—MIAMI BEACH 39, FLORIDA or other public way, and such cabaret and service facility shall not be accessible to patrons thereof directly from a public street, avenue, walk or other public thoroughfare, nor in- directly 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 for the construction or alteration of said hotel building filed with and approved by the Chief Building Inspector, and the door of any emergency exit provided for such cabaret or service facility 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 fit- ted that no entry into such cabaret or service facility can be obtained by opening it from the exterior thereof; and provided further that such cabaret or service facility may be accessible to patrons thereof from a patio, yard, court or other open area adjoining 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 shall be identified as sucJI.i 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 ex- cept in case of emergency, and shall be so con- structed 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 re- quirements, restrictions and conditions herein provided have been certified to by the Chief Building Inspector, and that said requirements, restrictions and conditions are maintained at all times; and provided further that proof to the satisfaction of the City Council of the failure by the owner, manager or person in con- trol or custody of the cabaret or service fac- ility or his or its agents or employees to com- ply with conditions as hereinabove set forth for the use of said premises shall be sufficient cause for the revocation by the City Council of the license or permit theretofore issued for the said cabaret or service facility or facilities; and provided further that in addition to the penalties provided for in this ordinance for the violation thereof, the City Council may, in its own discretion, upon the conviction of any per- son, firm or corporation for the violation of this provision, revoke the license, or permit held by the said person, firm or corporation for the cabaret or service facility herein provided for. " -6- OFFICE OF CITY ATTORNEY- 1130 WASHINGTON AVENUE-MIAMI BEACH 39, FLORIDA SECTION 5 : That Section 5A of said ordinance be and the same is hereby amended by adding a new paragraph thereto, to be numbered Paragraph 21 and to read as follows : " (21) Automobile rental sub-agencies, provided that such agencies do not store cars for rental use on the premises in public or private parking areas. " SECTION 6: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 7: This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 5th day of August , 1964. a or ATTEST: R. Wm. L. Johnson, City Clerk By Deputy lst reading - July 15, 1964 2nd reading - July 15 , 1964 3rd reading - August 5, 1964 POSTED - August 5, 1964 -7- OFFICE OF CITY ATTORNEY- 1130 WASHINGTON AVENUE-MIAMI BEACH 39, FLORIDA STATE OF FLORIDA COUNTY OF DADE: I , R. WM. L. JOHNSON, City Clerk of the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1518 entitled: "AN ORDINANCE AMENDING ORDINANCE NO. 289, COMMONLY KNOWN AS THE ' ZONING ORDINANCE OF MIAMI BEACH, FLORIDA" 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 5th day of August, A,D. 1964 , 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 17th day of September 1964. City Cl rk U � G ro ro ++ C C ro s, Dov i SCA H 0 CE ] z 0 7 7 zJ 09Z4J r — ro H a 4J b 0 H 9 O H C .� N ze" mv ou wa) w d� s°1+ m