Ordinance 715 ORDINANCE NO. 715
AN ORDINANCE AMENDING A PORTION OF SECTION 4 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 CORPORLTIONS SELLING, MANUFACTURING OR RECTIFY.
ING LIQUORS AND BEVERAGES CONTAINING 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; PRO-
VIDING 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
EXDEPT 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; 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 HEREWITH;
DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. "
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That the last paragraph of Section 4 of Ordinance No. 391
of the City of Miami Beach, Florida, reading as follows:
"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 permis-
sible 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. "
be and the same is hereby amended so as to read as follows:.
"The restrictions of this ordinance as to distances from
other vendors and the limitation, on a population basis,
of the number of licenses to be issued, shall not apply
to or prohibit the issuance of licenses under Sub-section
(g) of Section 7 hereof to hotels having 100 or more
guest rooms provided the exterior of the hotel in which
• the business is to be carried on shall not contain a
store front in connection with said business ar}d provided
further that the business so licensed shall only be
entered from within the building; nor shall said restric-
tions and limitations prohibit or limit the issuance of
- licenses under said Sub-section (g) of Section 7
hereof for service bars 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 4500 square feet; 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 permis-
sible 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 2. That this ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED and ADOPTED this 5th day of July, A. D. 1944.
_mayor
ATTEST;.
City Clem'-
let reading - June 21, 1944
2nd reading - June 21, 1944
3rd reading - July , 1944
Posted - July 6, 1944
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. 715
entitled R"AN ORDINANCE AMENDING A PORTION OF SECTION 4 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 BEVER-
AGES CONTAINING ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH HEREIN;
PROVIDING THAT NO LICENSE SHALL BE TRANSFERABLE AND NO EXERTION 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; PROHIBITING THE SALE
OF LIQUOR OR INTOXICATING BEVERAGES AT ANY GASOLINE FILLING STATIONS;
CREATING POSITION OF LIQUOR INSPECTOR AND PRESCRIBING THE DUTIES THERE-
OF; 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 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, " 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,
Florida, one of which was at the door of the City Hall in said City on
the 6th day of July,. A. D. 1944, 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 14th day of August, A. D. 1944.
-----ard2-12begeedd
re
City Clerk
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