Ordinance 694 ORDINANCE NO. 694
AN ORDINANCE AMENDING SECTIONS 2,
4 and 41 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 TRANS-
FERABLE 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 CERTAIN PERSONS;
FIXING CERTAIN HOURS WHEN LINT OR OR AL-
COHOLIC BEVERAGES MAY NOT BE SOLD OR
DELIVERED IN THE CITY OF MIAMI BEACH;
PROHIBITING CURB SERVICE OF LIQUORS AND
INTOXICATING BEVERAGES EXCEPT BEER; PRO-
HIBITING THE SALE OF LIQUOR OR INTOXICATING
BEVERAGES AT ANY GASOLINE FILLING STATIONS;
CREATING POSITION OF LIQUOR INSPECTOR AND
PRESCRIBING TRH; DUTIES THEREOF; PROVIDING
FOR CERTAIN RESTRICTIONS ON THE PREMISES
WrHERE LIQUORS AND ALCOHOLIC BEVERAGES ARE
SOLD AND OFFERED FOR SALE; PRESCRIBING
REGULATIONS FOR THE HANDLING OF INTOXICATING
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 HERE-
WITH; DECLARING THIS ORDINANCE TO BE AN
EMERGENCY MEASURE. " ; AND ADDING AN ADDITIONAL
SECTION TO SAID ORDINANCE TO BE KNOWN AS
SECTION 26.
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, be and the same is hereby
amended by adding thereto, at the end thereof, the
following:
"Provided, further, that no license shall
issue, as a matter of course, unless the
applicant therefor shall have held a license
for the same location for which he seeks a
renewal, which previous license was in force
during a portion of the license year imme-
diately preceding the year for which a renewal
license is sought, except, however, that in
case of premises occupied by licensees here-
under taken over by a governmental agency,
license for such premises may be renewed by
such licensees as a matter of course at any
time within six months after the surrender of
such premises by such governmental atency.0
SECTION 2. That Section 4 of Ordinance No. 391 of the City of
Miami Beach, Florida, be and the same is hereby
amended to read as follows:
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"SECTION 4. No license issued under the provisions
of this ordinance shall be transferable or assign-
able from one person, firm or corporation, to
another person, firm or corporation, nor from one
location to another, except as follows :
(a) 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, provided, however,
that the proposed transferee of any such license shall
be bound by and required to comply with all of the pro-
visions of Section 2 of this ordinance.
(b) If the licensee be a firm, the membership of said
firm may be changed with the consent of the City Council
first had and obtained. Provided, however, that if the
membership of a firm shall be changed without the con-
sent of the City Council, the license held by said firm
may be revoked in the discretion of the City Council.
(c) If the licensee be a corporation, the officers
of said corporation may be changed and/or the stock in
said corporation may be transferred with the consent
of the City Council first had and obtained. Provided,
however, that if the officers of a licensed corporation
shall be changed, or if any of the stock of such cor-
poration be transferred, without the consent of the
City Council, then and in either of said events the
license held by said corporation may be revoked in the
discretion of said City council.
(d) When a vendor, licensed under Sub-section (g) or
Sub-section (h) of this ordinance, shall have made a
bona fide sale of the business for which he is licensed,
he may, by and with the consent of the City Council,
transfer said license to the purchaser of said business,
provided, however, that the G.)roposed transferee of any
such license shall be bound by andrequired to comply
with all of the provisions of Section 2 of this ordinance.
(e) In the event of the death of a vendor, licensed
under Sub-section (g) or Sub-section tt;J of this ordinance
the license of such vendor, by and with the consent of
the City Council, may be transferred to the executor,
administrator, heir or legatee of said vendor, provided,
however, that the proposed transferee of any such li-
cense shall be bound by and required to comply with all
of the provisions of Section 2 of this ordinance.
(f) A vendor, licensed under Sub-section (g) or Sub-
section (h) of this ordinance, may, by and with the
consent of the City Council first had and obtained,
transfer the license of such vendor to a new location,
provided that such new location is not more than 200
feet from the location for which said license was issued,
said distance to be measured dbng the shortest ordinary
route of pedestrian traffic.
SECTION 3. That Section 4i of Ordinance No. 391 of the %ity of Miami
Beach, Florida, be and the same is hereby amended to
read as follows :
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"SECTION 41. No license shall be issued to a
retail vendor to sell wines and beverages con-
taining alcohol of more than one per cent by
weight and not more than fourteen per cent by
weight, as provided in Sub-section ( j) of Section
7 of this Ordinance, in any place of business
located within 1,000 feet, measured in an air
line from main entrance to main entrance, from
any place of business in w hick there is already
a retail vendor licensed under Sub-section ( j)
of Section 7, nor shall such license be issued
during the period in which an existing license
under said Sub-section ( j) is renewable as a
matter of course, as provided in Section 2 of this
Ordinance, 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 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 .
Provided, however, that if any vendor shall pro-
cure, 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 a seating capacity for
a required 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 fad. to con-
tinuously operate a bona fide restaurant or to pro-
vide 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 prohibit
the issuance of a license to a retail vendor to sell
wines and beverages containing alcohol of more than
one per cent by weight and not more than fourteen
per cent by weight, as provided in Sub-section ( j)
of Section 7 of this ordinance, in a place of busi-
ness in which another retail vendor has, within
twelve (12) months prior to the application for said
license, operated under a license issued under said
Sub-section ( j) of Section 7, unless such location
shall be on Lincoln Road or on 41st Street in the
City of Miami Beach, in which event the restrictions
of this section as to distance from other vendors
shall apply, even though the license sought shall be
for a location in which another vendor has theretofore
been licensed.
From and after the passage of this Ordinance, no
license shall be issued to a retail vendor to sell
beverages, regardless of alcoholic content, for con-
sumption off the premises as provided in Sub-section
(h) of Section 7 of this Ordinance, in excess of one
such license for each 'Twenty - five hundred
persons within the City of Miami Beach, according
to the last preceding State or Federal .Gensus.
-3-
From and after the passage of this Ordinance,
no license shall be issued to a retail vendor
to sell beverages, regardless of alcoholic
content, for consumption on the premises, as
provided in Sub-section (g) of Section 7 of
this Ordinance, in excess of one such license,
for each One ( 1,000) thousand persons
within the City of Miami Beach according to.
the last preceding State or Federal Census.
vthenever it shall appear from the results of
any State or Federal Census that additional
licenses may be issued under Sub-section rg)
and/or (h) of Section 7 of this Ordinance,
then and in that event no such additional licenses
shall issue to a retail vendor to sell beverages
consumed on the premises regardless of alcoholic
content as provided in Sub-section (g) of Section
7 hereof, in my place of business located within
1,000 feet in an air line measured from main en-
trance to main entrance from another place of
business in which there is already a retail ven-
dor licensed under said Sub-section (g) . And
no such additional licenses shall issue to a
retail vendor to sell beverages, regardless of
alcoholic content, for consumption off the prem-
ises, as provided in Sub-section (h) of Section
7 of this Ordinance, in any place of business
located within 2,000 feet in an air line mea-
sured from main entrance to main entrance from
any place of business in w hich there is already
a retail vendor licensed under Sub-section (h) .
Nor shall licenses issued to service bars in
bona fide restaurants as aforesaid, nor licenses
issued to hotels having 100 or more guest rooms
as aforesaid, be taken into account in computing
the number of licenses permissible on the basis
of population as hereinabove set forth; nor
shall anything in this ordinance contained be
construed to prevent the renewal or issuance of
licenses for locations where operation under
licenses issued under Sub-section (g) of Section
7 hereof, has been interrupted or suspended by
reason of the taking over of the premises by
a governmental agency, provided that application
is made for such license within six months
after the release of such premises by such
governmental agency."
SECTION 4. That Ordinance No. 391 of the City of Miami Beach,
Florida, be and the same is hereby amended by adding
thereto, immediately after Section 25 thereof, a
section to be known as "Section 26", to read as follows:
"SECTION 26. If any vendor licensed under this
ordinance shall be declared a bankrupt, the license
of said bankrupt may be revoked in the discretion
of the City Council. "
SECTION 5. That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 6. This ordinance shall go into effect immediately upon
its passage and posting as required by law.
PASSED and ADOPTED this 20th day of October ,. A.D. 1943.
44 140
Attest. AB
Acting i ayor
1st reading - Oct. 6, 1943
C C e ,k 2nd reading -- Oct. 6, 1 4
y 3rd reading - Oct.20, 194)
Posted - Oct.21, 1943
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. 694
entitled "AN ORDINANCE AMENDING SECTIONS 2, 4 AND 4k OF ORDINANCE
NO. 391 OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITL D: "AN ORDINANCE
PROVIDING FOR AND REQUIRING THE LICENSING OF ALL PERSONS, FIRMS AND
CORPORATIONS SELLING, MANUFACTURING OR RECTIFYING LIQUORS AND BEVER-
AGES CONTAINING ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH HEREIN;
PROVIDING THAT 1O LICENSE SHALL BE TRANSFERABLE AND NO EXCEPTION 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 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 POSITION OF LIQUOR INSPECTOR AND PRESCRIBING
THE DUTIES THEREOF; PROVIDING FOR CERTAIN RESTRICTIONS ON THE PREMISES
WHERE LIQUOURS AND ALCOHOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE;
PRESCRIBING REGULATIONS FOR THE HANDLING OF INTOXICATING 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 HERE_
WITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE" ; AND ADD-
ING AN ADDITIONAL SECTION TO SAID ORDINANCE TO BE KNOWN AS SECTION
26, " 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 21st day of October, 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 the 29th day of November, A. D. , 1943.
City Clerk
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