Ordinance 718 ORDINANCE NO. 7lg
AN ORDINANCE AUTHORIZING AND EMPOWERING
THE CITY MANAGER TO PROHIBIT, BY HIS OFFICIAL
DECREE, THE SALE, SERVING AND CONSUMPTION OF
BEERS, WINES, SPIRITUOUS AND ALL OTHER li TOXI-
CATING LIQUORS AND BEVERAGES FOR A PERIOD OF
TvuENTY-FOUR (24) HOURS, OR SUCH LONGER PERIOD
OF TIME AS MAY BE DESCRIBED IN SUCH DECREE,
DURING ANY TIME OF PUBLIC ED ERGENCY AT ALL
PLACES WHERE SUCH BEERS, WINES, SPIRITUOUS
AND OTHER INTOXICATING LIQUORS AND BEVERAGES
ARE LICENSED TO RE SOLD, S IIVED OR OTHERWISE
DISPENSED; DECLARING IT TO EE ILLEGAL TO
VIOLATE ANY OF THE PROVISIONS OF SUCH DECREE;
PRESCRIBING PENALTIES FOR VIOLATIONS OF THE
PROVISIONS HEREOF; PROVIDING FOR THE SEPARA-
BILITY OF THE PROVISIONS HEREOF; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES INCON-
SISTENT OR IN CONFLICT HEREWITH; DECLARING
THIS ORDINANCE TO BE AN EMERGENCY MEASURE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLCR IDA:
SECTION l.That , whenever in the opinion and judgment of the City
Manager, a public emergency shall be created or exist
in the City of Miami Beach, causing or tending to cause
public disorder, law-breaking and confusion, the City Manager is
hereby authorized and empowered to prohibit, by and through the
issuance of his official decree, the sale , serving' and consumption,
or either thereof, of beers, wines, spirituous and other intoxica-
ting liquors and beverages for and during a period of twenty-four
(24) hours or such longer period of time as may be described in
such decree, at all commercial establishments and at all other
places in the City of Miami Beach where such beers, wines, spiri-
tuous and all other intoxicating liquors and beverages are licensed
to be sold, served or otherwise dispensed; and in the issuance of
such decree, the City Manager shall have the fact of the issuance
and the contents of such decree broadcast by police and by commer-
cial radio stations and otherwise given publicity as quickly and
as widely as shall be feasible.
SECTION 2. That it is hereby declared to be illegal and to constitute
a violation of the provisions of this ordinance for any
person, firm or corporation operating, employed at, or
otherwise controlling any of the commercial establishments or other
places described in Section 1 hereof, to sell, serve or permit the
consumption on the premises of beers, wines, spirituous and all other
intoxicating liquors and beverages during the period described in
the decree of the City Manager provided for in Section 1 hereof.
SECTION 3. That each violation of, or non-compliance with, any of
the provisions of t lis ordinance shall be and constitute
a separate offense and shall subject every person, firm
and corporation guilty thereof to all of the penalties hereinafter
prescribed.
SECTION 4. That every person, firm and corporation violating any
of the provisions of this ordinance shall be punishable
a fine not exceeding five hundred dollars ( '500.00) , or by
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imprisonment. not exceeding sixty (60) days, or by both such fine
and imprisonment , in the discretion of the itunicipal Jud_ e.
SECTION 5. That if any section, part of section, sentence or clause
of t his ordinance shall be adjudged to be invalid by a
court of competent jurisdiction, such decision shall not
affect the validity of any other portion hereof, but shall be res-
tricted and limited in its operation and effect to that specific por-
tion hereof involved in the litigation in which such decision shall
have been rendered.
SECTION 6. That all ordinances or parts of ordinances heretofore
adopted, insofar as they are inconsistent or in conflict
with the provisions of this ordinance, are hereby repealed,
but to the extent that such ordinances are not inconsistent or in
conflict with the provisions of this ordinance, they are hereby re-
affirmed and declared to be and to remain in full force and effect .
SECTION 7. Whereas the welfare of the City is in peril this ordinance
is declared to be an emergency measure and the requirement
of reading this ordinance on two separate days is hereby
dispensed with.
SECTION 8. This ordinance is hereby declared by the City Council to
be necessary for the immediate preservation of the public
peace and safety and shall `;o into effect immediately upon
its passage.
PASSED and ADOPTED this 20th day of September, A. D. 1944.
/
`- Fayor
Attest :
City Clerk
1st reading September 20, 1944
2nd reading September 20, 1944
3rd reading September 20, 1944
Posted September 21, 1944
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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. 718 entitled "AN ORDINANCE AUTHORIZING AND
EMPOWERING THE CITY MANAGER TO PROHIBIT, BY HIS OFFICIAL
DECREE, THE SALE, SERVING AND CONSUMPTION OF BEERS, WINES,
SPIRITUOUS AND ALL OTHER INTOXICATING LIQUORS AND BEVERAGES
FOR A PERIOD OF TWENTY-FOUR (24) HOURS, OR SUCH LONGER
PERIOD OF TINE AS MAY BE DESCRIBED IN SUCH DECREE, DURING
ANY TIME OF PUBLIC EMERGENCY AT ALL PLACES WHERE SUCH BEERS,
WINES, SPIRITUOUS AND OTHER INTOXICATING LIQUORS AND BEVERAGES
ARE LICENSED TO BE SOLD, SERVED OR OTHERWISE DISPENSED;
DECLARING IT TO BE ILLEGAL TO VIOLATE ANY OF THE PROVISIONS
OF SUCH DECREE; PRESCRIBING PENALTIES FOR VIOLATIONS OF THE
PROVISIONS HEREOF; PROVIDING FOR THE SEPARABILITY OF THE
PROVISIONS HEREOF; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT OR 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 poated by me in three conspicuous p
places in the City of Miami Beach, Florida, one of which was
at the door of the City Hall in said City on the 21st day of
September, 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 28th day of October, A. D. 1944.
4/1) -
City Clerk
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