Ordinance 536 ORDINANCE NO, 536
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING SECTIONS 1, 7, 15 and 18 OF ORDINANCE
NO, 391 OF SAID CITY, BEING AN ORDINANCE PROVID-
ING 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; PROVID-
ING THAT NO LICENSE SHALL BE TRANSFERABLE AND NO
EXEMPTION FROM LICENSE TAXES SHALL BE HAD; PROVIDr-
ING AND FIXING 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 DE-
LIVERED 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 STAT IONS; CREATING
POSITION OF LIQUOR INSPECTOR AND PRESCRIBING THE
DUTIES THEREOF; PROVIDING FOR CERTAIN RESTRI CTI ONS
ON THE PREMISES WHERE LIQUORS AND ALCOHOLIC BEVERAGES
ARE SOLD AND OFFERED FOR SALE; PRESCRIBING REGULATIONS
FOR THE HANDLING OF INTOXICATING LIQUORS; PROVIDING
FOR THE ISSUANCE OF SIX ( 6) MONTHS LICENSES; PROVID-
ING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE,
AND PROVIDING THAT THE CITY COUNCIL MAY REVOKE A LI-.
CENSE AS ISSUED UNDER THIS ORDINANCE; REPEALING ALL
LAWS AND PARTS OF LAWS IN CONFLICT HEREWITH; DECLARING
THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DEFINING
AND SETTING FORTH THE REQUIREMENTS OF A "NIGHT CLUB";
FIXING HOURS AND REQUIREMENTS OF BARS AND MUSIC THEREIN,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That paragraph eleven (11) of Section One (1) of Ordinance
No, 391 of the City of Miami Beach, being the paragraph
defining the term "night club", reading as follows: "The
term "night club" as used in this Ordinance shall mean a restaurant,
dining room or similar establishment where a floor show or other form
of entertainment is provided for guests at any time between 11:00
o'clock P. M., and 7:00 o'clock A. M., " 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 similar
establishment, where intoxicating liquor of any
alcoholic content is sold, given away or consumed
on the premises, where a floor show or other enter-
tainment is provided for guests at any time between
12 o'clock midnight and 7 o'clock A. M. Night Clubs
shall be sound-proofed and their windows, doors and
other openings kept closed in order that the noise
therefrom may not disrupt the peace and quiet of
the neighborhood."
SECTION 2: That Section Seven (7) of said Ordinance No. 391 be and
the same is amended by adding thereto the following:
"Provided further that vendors may at any time obtain
licenses for periods of six (6) months from date of
license upon payment of two-thirds ( 2/3) of the annual
license tax herein required."
SECTION 3: That Section Fifteen (15) of said Ordinance No. 391 of the
City of Miami Beach, reading as follows: "No vendor shall
sell or offer for sale, or deliver, or serve, or permit
to be consumed upon the premises of such vendor, any liquors, beer or
wine on any day between the hours of 3:00 o'clock A. M. , and 7:00
otolock A. M. , and every vendor licensed under aubrections (e), (g)
or (h) of Section Seven (7) hereof shall close and keeclosed his or
its place orbusiness, an shall transact no business therein or there-
from, and shall not allow customers to remain therein between said
hours provided, however, that this section shall not apply to any
Night Clubs, as defined in this ordinance, " be and the same is here-
by amended to read as follows:
"SECTION 15: No vendor shall sell or offer for sale,
or deliver, or serve, or permit to be
consumed upon the premises of such vendor,
any liquors, beer or wine on any day between the hours
of 2:00 o'clock A. M. and 7:00 o'clock A. N., and every
vendor licensed under sub-sections ( e) , (g) and (h) of
Section Seven (7) hereof, shall close and keep closed
his or its place of business and shall transact no busi-
ness therein or therefrom, and shall not allow customers
to remain therein between said hours; provided, however,
that this section shall not apply to Night Clubs.
SECTION 4: That Section Eighteen (la) of said Ordinance No, 391,
as amended by Ordinance No. 471, rading as follows:
v
"No licensed vendor, except Night Clubs as herein
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 restaurants or dining rooms equipped with a service bar
not accessible to the public up to but not later than 1:00 o'clock
A. M. , and provided further that string music and radio may be pro-
vided by other vendors licensed under sub-sections (g) and (j) of
Section Seven (7) hereof up to but not later than 1:00 o'clock
A.
M. , " be and the same is hereby amended to read as follows:
"SECTION 1g: No licensed vendor, except Night Clubs
as herein 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 restaurants
or dining rooms equipped with a service bar not ac-
cessible to the public up to but not later than 12
o'clock midnight, and provided further that string music
and radio may be provided byother vendors licensed
under sub-sections (g) and 3) of Section 7 until
12 o'clock midnight."
SECTION 5: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 6: This ordinance shall be effective immediately upon its
passage, approval and posting according to law.
PASSED AND ADOPTED this 14th day of December, A. D., 1936.
ATTE -�
clayor
di
3 _erk
let Reading - November 16th, 1938
2nd Reading .. November 16th, 193g
3rd Reading - December 14th, 93g.
Posted - December 15th, 193$
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. 536, entitled "AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING SECTIONS 1, 7, 15 and 18 OF ORDINANCE NO.
391 OF SAID CITY, BEING AN ORDINANCE PROVIDING FOR AND REQUIR4.
ING THE LICENSING OF ALL PERSONS, FIRMS AND CORPORATIONS, SFt1,-
ING, MANUFACTURING OR RECTIFYING LIQUORS AND BEVERAGES CONTAIN-
ING ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH HEREIN; PRO-
VIDING 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 ADVER-
TISING THEREOF; MAKING IT UNLAWFUL TO SELL LIQUORS AND ALCO-
HOLIC 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 PRESCRIB-
ING 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 THE ISSUANCE OF SIX (6)
MONTHS LICENSES; 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 EMERGENCY MEASURE; DEFINING AND SETTING FORTH THE RE-
QUIREMENTS OF A "NIGHT CLUB"; FIXING HOURS AND REQUIREMENTS OF
BARS AND MUSIC THEREIN", 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 oil
the 15th day of December, A. D. 1938, and that said ordinance
remained posted for a period of at least thirty days in accord-
ance 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 30th day of January, A. D. 1939.
City Clerk
\.O O
C1 P�
•
0 t3'r
H Z
a •
4 z AU
H Z
0 H
1