Ordinance 559 ORDINANCE NO, 559
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING ORDINANCE NO. 391, AS
AMENDED, BEING AN ORDINANCE PROVIDING FOR
AND REQUIRING THE LICENSING OF ALL PERSONS,
FIRMS AND CORPORATIONS SELLING, MANUFACTUR-
ING OR RECTIFYING LIQUORS AND BEVERAGES
CONTAINING ALCOHOL; DEFINING CERTAIN TERMS
AS SET FORTH HEREIN; PROVIDING THAT NO LIC-
ENSE SHALL BE TRANSFERRABLE AND NO EXEMPTION
FROM LICENSE TAXES SHALL BE HAD; PROVIDING
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; PROHIBIT
ING THE SALE OF LIQUOR OR INTOXICATING BEVERAGES
AT ANY GASOLINE FILLING STATIONS; CREATING P051-
TION OF LIQUOR INSPECTOR AND PRESCRIBING THE
DUTIES THEREOF; PROVIDING FOR CERTAIN RESTRIC-
TIONS ON THE PREMISES WHERE LIQUOR AND ALCOHOLIC
BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRE-
SCRIBING REGULATIONS FOR THE HANDLING OF INTOXI-
CATING 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; PRE-
SCRIBING DISTANCES WITHIN WHICH LICENSES MAY NOT
BE ISSUED FROM PLACES OF BUSINESS HOLDING SIMILAR
LICENSES, EXEMPTING CERTAIN PLACES OF BUSINESS
FROM THE OPERATION THEREOF; PROVIDING FOR THE
ISSUANCE OF LICENSES FOR THE SALE OF BEER AND
WINE FOR CONSUMPTION OFF THE PREMISES; AND OTHER
MATTERS RELATING THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section of Ordinance No. 391 of the City of Miami
Beach be and the same is hereby amended to read as follows:
SECTION 4i. No license shall be issued to a retail vendor
to sell beverages consumed on the premises re-
gardless of alcoholic ontent as provided in Sub-section "G"
and Sub»seotion "I" of Section 7 hereof in any place of
business located within five hundred (500) feet in an air
line measured from main entrance to main entrance in which
there is already a retail vendor licensed either under Sub-.
section "G" or I", nor shall such license be issued during
the period in which an existing license is renewable as a
matter of course as provided in Section 2 ha reof.
No license shall be issued to a retail vendor
to sell beverages, regardless of alcoholic content, for
consumption off the premises as provided in Subsection "H"
of Section 7 hereof, in any place of business located within
two thousand (2000) feet in an airline measured from main
entrance to main entrance from any place of business in which
there is already a retail vendor licensed under Sub-section
�'H", nor shall such license be filued during the period in
which an existing license is renewable as a matter of course
as provided in Section 2 hereof, provided however, that noth-
ing contained in this section shall prohibit the continuance
or renewal of licenses heretofore issued. Nothing contained
in this section shall apply to the issuance of licenses
issued under Subs-section "G" of this ordinance to hotels
having one hundred or more guest rooms provided the ex-
terior of the hotel in which the bush as is carried on
shall not contain a store front in connection with said
business and provided that the business so licensed shall
only be entered from within the building.
No license shall be issued to a retail vendor
to sell beverages consumed on the premises, as provided in
Sub-section "J" of Section 7 hereof, in any place of busin-
ess located within two hundred (200) feet measured in an
air line from main entrance to main entrance from any place
of business in which there is already a retail vendor lic-
ensed under said Sub-section "J" of Section 7 hereof, nor
shall such license be issued during the period in which an
existing license is renewable as a matter of course as pro-
vided in Section 2 hereof, except in hotels containing fifty
or more guest rooms or in restaurants with a seating capacity
for 100 or more patrons.
SECTION 2. That Section 7 of said Ordinance No. 391 of the City of Miami
Beach be and the same is hereby amended by adding immediately
after Sub-section "J" of said Section 7, Sub-section "K" as
follows:
SUB-SECTION "K": Retail vendors selling only beverages con-
taining alcohol of more than 1% by weight
and not more than l -% by weight, and wine regardless of al-
coholic content in sealed containers for consumption off
the premises . . . . . . . . . . . . . . . . . . . * 15.00
SECTION 3. That Section 8 of said Ordinance No. 391 of the City of Miami
Beach be and the same is hereby amended to read as follows:
SECTION g: No liquor or intoxicating beverage of any nature
whatsoever, including wines, liquors, porter, ale
and beer, shall be sold in any gasoline filling station, nor
in any motion picture theatre, nor in any room opening dir-
ectly or indirectly or in connection with any motion picture
theatre.
SECTION 4. All ordinances and parts of ordinances in conflict herewith
are hereby repealed.
PASSED AND ADOPTED this 7th day of August, A. D., 1939.
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ATTEST: _� _�J
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1st Reading - July 26th, 1939.
2nd Reading - July 26, 1.939.
3rd Reading - August 7, 1939.
Posted - August S <, 1939.
f V
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. 559,
entitled "AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMEND-
ING ORDINANCE NO. 391, AS AMENDED, BEING AN ORDINANCE PROVIDING
FOR AND REQUIRING THE LICENSING OF ALL PERSONS, FIRMS AND CORPORA-
TIONS SELLING, MANUFACTURING OR RECTIFYING LIQUORS AND BEVERAGES
CONTAINING ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH HEREIN;
PROVIDING THAT NO LICENSE SHALL BE TRANSFERRABLE AND NO EXEMPTION
FROM LICENSE TAXES SHALL BE HAD; PROVIDING AND FIXING THE AMOUNT
OF LICENSE FEES; PROVIDING FOR APPLICATION AND ADVERTISING THEREOF;
MAKING IT UNLAWFUL TO SELL LIQUORS AND ALCOHOLIC BEVERAGES TO CER-
TAIN PERSONS; FIXING CERTAIN HOURS WHEN LIQUOR OR ALCOHOLIC BEVER-
AGES MAY NOT BE SOLD OR DELIVERED IN THE CITY OF MIAMI BEACH; PRO-
HIBITING 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 INSPEC-
TOR AND PRESCRIBING THE DUTIES THEREOF; PROVIDING FOR CERTAIN
RESTRICTIONS ON THE PREMISES WHERE LIQUOR AND ALCOHOLIC BEVERAGES
ARE SOLD AND OFFERED FOR SALE; PRESCRIBING REGULATIONS FOR THE
HANDLING OF INTOXICATING LIQUORS; PROVIDING FOR A PENALTY FR 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; PRESCRIBING DISTANCES WITHIN WHICH
LICENSES MAY NOT BE ISSUED FROM PLACES OF BUSINESS HOLDING SIMILAR
LICENSES, EXEMPTING CERTAIN PLACES OF BUSINESS FROM THE OPERATION
THEREOF; PROVIDING FOR THE ISSUANCE OF LICENSES FOR THE SALE OF BEER
AND WINE FOR CONSUMPTION OFF THE PREMISES; AND OTHER MATTERS RELAT-
ING THERETO" , 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 gth day of August,
A. D. , 1939, and that said Ordinance remained posted for a period
of thirty days in accordance with the requirements of the City
.4
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 12th day of September, A. D. , 1939.
ylerk
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