Ordinance 663 ORDINANCE NO, 663
AN ORDINANCE AMENDING SECTION 2,
SECTION 4, AND SECTION 4*, OF
ORDINANCE NO, 391 OF THE CITY OF *
MIAMI BEACH, FLORIDA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 2 of Ordinance No. 391 of the City of Miami
Beach, Florida, reading as follows :
"SECTION 2. That from and after the date when this ordinance becomes
effective, no person shall engage in, manage, operate
or cause to be operated the business of Vendor, as defined herein,
without first procuring a City license therefor as herein provided,
and pay the amounts hereinafter fixed and required by this ordinance.
He shall make sworn application to the City Clerk on forms provided
by said Clerk for that purpose of which shall be given the name, occupa-
tion and place of business, together with the namesof the officers or
members of the firm or individuals engaged in such business together
with such further information as may be req-dired and the applicant for
such license shall give the names of five business or professional
men as reference, who may be called upon by the City of Miami Beach,
should it deem advisable for information as to the character, business
integrity and past history of the person, firm or corporation apply-
ing for a license under the terms and conditions of this ordinance.
Such application together with notice as to when said
application shall be considered by the City Council shall be published
by the City Clerk once each week for two (2) consecutive weeks in two
(2) newspapers published in the City of Miami Beach at the expense of
the applicant, immediately prior to the date of the hearing thereof,
at which time any person interested may appear and object to the grant-
ing of license to said applicant. Thereafter, the City Council shall
consider said application and either grant or reject same according to
its best judgment and discretion.
Provided, that where an applicant shall have been granted
a license under this ordinance and such license and continuations
thereof have not been revoked and his qualifications not impaired, such
applicant shall be entitled to receive licenses for succeeding years
as a matter of course, upon application to the City Clerk and the pay-
ment of the tax."
be and the same is hereby amended so as to read as follows :
"SECTION 2. That from and after the date when this ordinance becomes
effective, no person shall engage in, manage, operate or
cause to be operated the business of Vendor, as defined herein, without
first procuring a City license therefor as herein provided, and pay the
amounts hereinafter fixed and required by this Ordinance . He shall
make sworn application to the City Clerk on forms provided by said
Clerk for that purpose on which shall be given the name, occupation
and place of business, together with the names of the officers and
stockholders, if the applicant be a corporation, or of the members of
the firm, if the applicant be a firm, or of the individuals, if the
applicants be individuals, together with such further information as
may be required and the applicant for such license shall give the
names of five business or professional men as reference, who may be called
upon by the City of Miami Beach, should it deem it advisable, for in-
formation as to the character, business integrity and past history of
the person, or of the members of the firm, or of the officers and stock-
holders of the corporation applying for a license under the terms and
conditions of this ordinance.
Such application, together with notice as to when said
application shall be considered by the City Council, shall be published
by the City C L rk once each week for two (2) consecutive weeks in two
(2) newspapers published in the City of Miami Beach at the expense of
the applicant, immediately prior to the date of the hearing thereof,
at which time any person interested may appear and object to the granting
of license to said applicant. Thereafter, the City Council shall con-
sider said application and either grant or reject same according to its
best judgment and discretion,
Provided, that where an applicant shall have been granted a
license under this ordinance and such license and continuation thereof
have not been revoked, then if such applicant be an individual or in-
dividuals, and his or their qualifications have not become inpaired,
or if such applicant be a firm and the membership of such firm shall not
have changed without the consent of the City Council as hereinafter pro-
vided, and the qualifications of the members thereof have not become im-
paired, or if such applicant be a corporation and the officers and stock-
holders of such corporation shall not have changed without the consent
of the City Council as hereinafter provided, and the qualifications of
such officers or such stockholders shall not have become impaired, such
applicant shall be entitled to receive licenses for succeeding years as
a matter of course, upon application to the City Clerk and the payment
of the tax."
SECTION 2. That Section 4 of Ordinance No. 391 of the City of Miami
Beach, Florida, reading as follows :
"SECTION 4.. No license issued under the provisions of this ordinance
shall be transferable or assignable from one person to
another nor from one location to another; provided, however, that it
shall be permissible, by and with the consent of the City Council, for
a licensee who enters the military service of the United States to trans-
fer and assign his license to another."
be and the same is hereby amended so as to read as follows :
"SECTION 4. No license issued under the provisions of this ordinance
shall be transferable or assignable from one person, firm
or corporation to another person, firm or corporation, nor from one
location to another; provided, however, that it shall be permissible,
by and with the consent of the City Council, for a licensee who enters
the military service of the United States to transfer and assign his
license to another; and provided further, that if the licensee be a
firm the membership of said e rm may be changed with the consent of the
City Council first had and obtained, or if the licensee be a corporation,
the officers of said corporation may be changed and the stock in said
corporation may be transferred with the consent of the City Council
first had and obtained; and provided further, that if the membership
of a firm shall be changed without the consent of the City Council, or
if the officers of a licensed corporation shall be changed, or if any
of the stock or such corporation shall be transferred without the consent
of the City Council, then, and in either of said events, the license held
by said firm or corporation may be revoked in the discretion of the City
Council."
SECTION 3. That Section 42 of Ordinance No. 391 of the City of Miami
Beach, Florida, reading as follows :
"SECTION 4*. Except for service bars in bona fide restaurants with a
seating capacity for 600 or more patrons, and in which the
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, no license shall be issued to a retail vendor to sell
beverages consumed on the premises regardless of alcoholic content, as
provided in Sub-section "G" and Sub-section "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 from another place of
business in which there is already a retail vendor licensed either under
Sub-section "G" or Sub-section "I" hereof, 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 hereof,
No license shall be issued to a retail vendor to sell
beverages, regardless of alcoholic content, for consumption off the
premises as provided in Sub-section "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 issued during the period in which an
existing license is renewable as a matter of course as provided in
Section 2 hereof, provided, however, that nothing contained in this
Section shall prohibit the continuance or renewal of licenses here-
tofore issued.
No license shall be issued to a retail vendor to sell
beverages consumedon the premises, as provided in Sub-section "J"
of Section 7 hereof, in any place of business located within five
hundred (500) 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 licensed 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 provided in Section 2
hereof, except in hotels containing fifty or more guest rooms or in
bona fide restaurants with a seating capacity for 600 or more patrons,
and in which the roofed-in floor area pro&rided for dining tables and
chairs in the room or portion of said restaurant wherein food is
served to guests, is not less than forty-eight hundred (4,800) square
feet.
Nothing contained in this section shall apply to the
issuance of licenses issued under Sub-section "G" of this ordinance
to hotels having one hundred or more guest rooms, provided the exterior
of the hotel in which the business 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."
be and the same is hereby amended so as to read as follows :
"SECTION 42. Except for service bars in bonafide restaurants with a
seating capacity for 600 or more patrons, and in which
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 s quare feet, no license shall be issued to a
retail vendor to sell beverages consumed on the premises regardless
of alcoholic content, as provided in Sub-section "G" and Sub-section
"I" of Section 7 hereof in any place of business located within one
thousand (1000) feet in an air line measured from main entrance to
main entrance from another place of business in which there is already
a retail vendor licensed either under Sub-section "G" or Sub-section
"I" hereof, nor shall s uch 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.
No license shall be issued to a retail vendor to sell
beverages, regardless of alcoholic content, for consumption off the
premises as provided in Sub-section "H" of Section 7 hereof, in any
place of business located within two thousand (2000) feet in an air
line 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 issuedduring the period
in which an existing license is renewable as a matter of course as
provided in Section 2 hereof, provided., however, that nothing contained
in this section shall prohibit the continuance or renewal of licenses
heretofore issued.
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 business located within one thousand
(1000) 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
licensed 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 coarse as provided in Section, 2 hereof, except
in hotels containing fifty or more guest rooms or in bona fide restaur-
ants with a seating capacity for 600 or more patrons, and in which 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 forty-eight hundred (4,800) square feet.
Provided, however, that if any vendor shall procure, or
shall have procured, a license under this ordinance, within the prohibited
distance from another vendor, by reason of the fact that such license is
issued to said vendor to do business in a bona fide restaurant with g
seating capacity for a regitred minimum number of patrons and in which
the 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 a required minimum number of square feet and shall fail; to con-
tinuously operate a bona fide restaurant or to provide a seating capacity
for said required minimum number of patrons or shall reduce to less than
said required number of square feet the floor area provided for dining
tables and chairs in the room or portion of said restaurant wherein food
is served to guests, then, and in that event, the license held by the
vendor may be revoked in the discretion of the City Council,
Nothing contained in this section shall apply to the
issuance of licenses issued under Sub-section "G" of this ordinance to
hotels having one hundred or more guest rooms provided the exterior of
the hotel in which the businessis 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."
SECTION 4a This ordinance shall go into effect immediately upon its
becoming a law„
PASSED AND ADOPTED this 5th day of August, A. D. , 1942,VANS -.4110C.011110 -
Acti ; May.
ATTEST:
Deputy C Terk
1st Reading - July 28th, 1942.
2nd Reading - July 28th, 1942.
3rd Reading - August 5th, 1942.
Posted - August 6th, 1942.
STATE OF FLORIDA)
COUNTY OF DADE )
I, C. W. TOMLINSON, City Clerk in and
for the City of Miami Beach, do hereby certify that
Ordinance No. 663 entitled "AN ORDINANCE AMENDING SECTION
2, SECTION 4, AND SECTION 42, OF ORDINANCE NO. 391 OF THE
CITY OF MIAMI BEACH, FLORIDA" , having been passed and adopted
by the City Llouncil 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
of said City on the 6th day of August, 1942 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 4th day of November, A. D. , 1942.
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