Ordinance 674 ORDINANCE NO. 674
AN ORDINANCE AMENDING SECTIONS 1, 15 AND
1S` OF ORDINANCE NO. 391 OF THE CITY OF MIAMI
BEACH, FLORIDA, ENTITLED; "AN ORDINANCE
PROVIDING FOR AND REQUIRING THE LICENSING OF
ALL PERSONS, FIRMS AND CORPORATIONS SELLING,
MANUFACTURING OR RECTIFYING LIQUORS AND BEV-
ERAGES CONTAINING ALCOHOL; DEFINING CERTAIN
TERMS AS SET FORTH HEREIN; PROVIDING THAT NO
LICENSE SHALL BE TRANSFERABLE 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 INTOXI-
CATING BEVERAGES EXCEPT BEER; PROHIBITING THE
SALE OF LIQUOR OR INTOXICATING BEVERAGES AT ANY
GASOLINE FILLING STATIONS; CREATING POSITION
OF LIQUOR INSPECTOR AND PRESCRIBING THE DUTIES
THEREOF; PROVIDING FOR CERTAIN RESTRICTIONS
ON THE PREMISES WHERE LIQUORS AND ALCOHOLIC
BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRES-
CRIBING 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; DECLAR-
ING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. "
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That that portion of Section 1 of Ordinance
No. 391 of the City of Miami Beach, Florida,
reading 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, and where a floor show or other
entertainment is provided for guests at any time
between 1:00 o' clock A. M. and 7:00 o ' clock A. M.
Night Clubs shall be sound proofed andtheir win-
dows, doors andother openings kept closed in order
that the noise therefrom may not disrupt the peace
and quiet of the neighborhood. "
be and the same is hereby amended so as to read as follows:
"The term 'Night Club' as used in this Ordinance
shall mean a restaurant, dining room, or other
establishment where intoxicating liquor is sold,
given away or consumed on the premises, and where
floor shows and other forms of entertainment are
provided for guests on week days at any timebe-
tween the hours of midnight and 7:00 o' clock A. M.
and on Sundays at any time between the hours of
1:00 o' clock A. M. and 7:00 o'clock A. M. Night
Clubs shall be sound proofed and their windows,
doors and other openings kept closed in order that
the noises therefrom may not disrupt the peace and
quiet of the neighborhood. "
SECTION 2. That Section 1 of Ordinance No. 391 of the
City of Miami Beach, Florida, be and the
same is hereby amended by adding thereto, at the end thereof, the
following:
"The term 'cabaret' as used in this ordinance shall
mean a restaurant, dining room or other establishment
where intoxicating liquor is sold, given away or
consumed on the premises, and where the form of en—
tertainment provided for guests shall be other than
mechanical phonograph, radio and/or string music, and
where, if the place of business is not sound proofed,
such entertainment is not provided on any week day
between the hours of midnight and 7:00 o'clock A.M. ,
or on Sundays between the hours of 1:00 o'clock A.M. ,
and 7:00 o 'clock A.M. "
SECTION 3. that Section 15 of Ordinance No. 391 of the
City of Miami Beach, Florida, be andthe same
is hereby amended so as 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
Liquor, beer or wine, on any week day between the
hours of midnight and 7:00 o'clock A. M. , or on Sun—
days, between the hours of 1:00 o' clock A. M. , and
7:00 o 'clock A. M, , and no Vendor shall sell, or offer
for sale, or deliver, any liquor or wine by the package,
bottle or container, at any hour on Sunday, or on any
week day between 8:00 o' clock P. M. and 7:00 o ' clock
A. M. and every Vendor, except Night Clubs, licensed
under sub—sections "E" , "G" and "H" of Section 7 here—
of, shall close and keep closed, his or its place of
business and shall transact no business therein or
therefrom and shall not allow customers to remain
therein during the hours during which Vendors are by
this Section forbidden to sell, or offer for sale, or
deliver, or serve, or permit ao be consumed upon the
premises, liquor, beer or wine. "
SECTION 4. i'hat Section 18 of Ordinance No. 391 of the
City of Miami Beach, Florida, be axd. the same
is hereby amended so as to read as follows:
"SECTION 18. No licensed Vendor, except Night Clubs
and Cabarets, as in this ordinance de—
fined, 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 pro-
vided in restaurants or dining roomq equipped with a
service bar not accessible to the public up to, but
not later than 12:00 o 'clock midnight: and provided,
further, that string music, mechanical phonograph
and radio, the sound of which is not audible a distance
of more than fifty (50) feet from the place of busi—
ness of the Vendor, may be rr^vided by the Vendor
licensed under sub—section "g" and "j " of Section 7
hereof, until 12:00 o' clock midnight. "
SECTION 5. This ordinance shall go into effect immediately
upon its becoming a law.
PASSED and ADOPTED this 6th day of January A. D. 1943.
aver
Attest:
City Clerk
jjrd Readingeadings JDanuey r6 211,94142 Posted January 7, 1943
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. 674
entitled "AN ORDINANCE AMENDING SECTIONS 1, 15 AND 18 OF ORDINANCE
NO. 391 OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED: "AN ORDINANCE
PROVIDING 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; PROVIDING THAT NO LICENSE SHALL BE TRANSFERABLE AND NO EX-
EMPTION 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 AJCOHOLIC 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 EX-
CEPT BEER; PROHIBITING THE SALE OF LIQUOR OR INTOXICATING BEVERAGES
AT ANY GASOLINE FILLING STATIONS; CREATING POSITION OF LIQUOR IN-
SPECTOR AND PRESCRIBING 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 HAND-
LING OF INTOXICATING LIQUORS; PROVIDING FOR A PENALTY FOR THE VIOLA-
TION OF THIS ORDINANCE, AND PROVIDING THAT THE CITY COUNCIL MAY
REVOKE A LICENSE AS ISSUED UNDER THIS CR DINANCE; REPEALING ALL LAWS
AND PART OF LAWS IN CONFLICT HEREWITH; DECLARING_'THIS ORDINANCE TO BE
AN EMERGENCY MEAHURE" , 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 7th day of January,
A. D. , 1943 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
3rd day of March, A. D. , 1943.
ity Clerk ��
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