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Ordinance 892On�=:IlVk1;L'g� i._. 892 AN ORDINANCE AMENDING SECTION 1 AND SECTION 4-7 OF ORDI- NANCE N0. 391 OF THE CITY OF MIAMI BEACH� FLORIDA� ENTITLNID: "AN ORDINANCE PR04IDING FOR AND REQUIRING THE LICENSIVG OF ALL PERSONS� FIRMS AND CORPORATION5 SELLING� MANUFACTURI'riG OR RECPIFYING LIQIIORS AND BEVERAGES CONTAINING ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH AEREINq PROVIDING TfIAT NO LICENSE SHALL BE TRANSFER9BLE AND NO EXEMPTION FROM iICENSE TAXES SHALL BE HAD� PROVIDING AND FIXING Tf� AhIOUNT OF LICENSE FEESg PROVIDING FOR APPLICATION AND AI:�VI:=t- TISING TAEREOFg MAKING IT UNLAWFUL TO SELL LIQUORS AND kL- COHOLIC BEVERAGES TO CERTAIN PERSONSg FIXING CERTAIN HOL'RS Wf1EN LIQUOR OR ALCOHOLIC BEVERAGES MAY NOT HE 50LD OR DE:- LIVERED IN Tf3E CITY OF MIAMI BEACHg PROHIBITING CURH SER- VICE OF LIQIIORS AND INTOXICATING SEVERAGES EXCEPT BEER; PROHIBITING THE SALE OF LIQIIOR OR INTOXICATING BEVERAGBS AT ANY GASOI,INE FILLING STATION5q CREATING POSITION OF LIQIIOR INSPECTOR AND PRESCRIHING THE DUTIES THEREOF� PRO- VIDING FOR CERTAIN RESTRICTIONS ON THE PREMISES WHERE LIQUORS AND ALCOHOlIC BEVERAGES ARE SOLD AND OFFERID FOF. SALE� PRESCRIBING REGULATION5 FOR THE HANDLING OF INTOXI- CATING LIQUORSg PROVIDINQ3 FOR A PENALTY FOR THE VZOLATIOi2 OF THIS ORDINANCE� AND PROVIDING THAT THE CITY COUNCIL bL9Y REVOKE A LICENSE AS ISSUED DNDER THIS ORDINANCE; REPEALING ALL LAWS AND PART OF LAWS IN CONFLICT HEREWITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY ME9Sj)RE". HE IT ORDAINED HY THE CITY COUNCIL OF THE CITY OF MIAMI BEACfi� FLG�;ID;: SECTION 1: That that portion of Sectlon 1 of Ordinance No. 391 rtf !:l:E; City of Miami Heach� Florida� reading as follows: "The term "Service Bar" as used in this ordinance shall mear. a bsr or covnter used in connection aith the operation of a ber.a Yide restaurant� sltuated in the kitchen or some room xhere guests are not allowed to enter� but not situated within the room or that portion of said bona Pide restaurant wherein food is served to guests� wherein drinks are prepared solely for the purpose oP service to and consumption by guests of said restaurant� seated at t�bles within the room or portion of s�id restaurant wherein food is served to said guests." be and the same ia hereby amended to read as Pollowss "The term 'Serviee Bar' as uaed Sn this ordinance shall mear,. a bar or covnter used Sn connection vith the operation of a bona fide restaurant� situated in the kitchen or some room where guests are not allowed to enter� but not situated within the room or that portion of said restaurant wherein food is serced to guestsq at which bar or counter drinks are prepared solely Por the purpose oP service to and consumption by the guests ��_. said restaurant and Prom which bar and counter drinks are dispensed solely for coasumption by guests oP saSd restaurai:L seated at tables within the room or portlon of said restaurr.r.t. vrherein Pood is served to said guests." SECTION 2: That Section 4� oP Ordlnance 391 of the City of Miami '._c;., Floride� which reads as followss "Ezcept in hotels containing 50 or more guest rooms, or in bona Pide restaurants as dePined herein� no license shall be issr;ed to a retail vendor to sell beveragas� containing alcohol of more than one per ceat by weight� and not more than fourteen per cent by weight, and wines regardless of alcoholic conter,t, as provided in Sub-section (jj of 5ection 9 hereof� in aqv place oP business in which there is already a retail vendor licensed �der Sub-section (j) of Sention 'J hereoP� nor shall such license be issued during tne perSod in wh.ich a licnr.se fo: � � � a place of business within said distance is renewable as a matter oP course as provided in Section 2 hereof. "No licenses shall be issued for the sale of intoxicatirig beverages within the corporate limits of the City of Mi.•:vr_' '��._ ,._ by vendors operating places of business where beverages �-ci:- taining alcohol of more than Pourteen per centum by weight are sold� as provided for in Sub-section (g) and Sub-section (h) of Section '7 of this ordinance� in excess of one license for each 1$00 persons in said City according to the last preceding Federal. census. "Nothing contained herein shall prohibit the issuance oP licenses for the sale of intoxicating liquor oF more than Pourteen per centum by veight� in hotels having 100 or more guest rooms� where the exterior of the hotel in which the busSness is carried on shall not contain a store front in connection with said business� and where the business so licensed shall only be entered from within the building�xin restaurants with a seating capacity for 600 or more patrons and in which the roofed-in floor area provided for dining tables or chairs in the room or portion oP said restaurant whereln food is served to guests� is not less than 4800 square Peet��n or on railroad property� including sleeping� dining, clut� and other cars� in or on steamships, buses and airplanes qhere properly licensed by state or other lawful suthority� incorparated clubs, including social clubs� in horse or dog racing plants� -------�...properly licensed and authorized to operate by state authority� and no license issued for the sale of intoxicating liquors of more than fourteen per centum by weight in any of the places men- tioned in this paragraph shall be counted or considered in com- puting tha number of licenses permissible on the basis oP popula- tion as hareinabove set forth. "Nothing contained�fierein shall restrict nor prohibit the contin- uance and renerral from year to year as provided in Seetion 2 of this ordinance� nor the transfer from one holder to another� as provided in Section 4 oP this ordinance� oP licenses issued pri�r to June 16� 1947." be and the same is hereby amended to read as Pollows: "Exaept in hotels coataining 50 or more guest rooms� or in bona fide restaurants as defined herein� no license shall be issued to a retail vendor to sell beverages� containing alcohol oP more than one per cent by weight� and not more than Pourteen per cent by weight� and wines� regardless of alcoholic content, as provlae3 in Sub-section (j) of Section '] hereof, in any place of business in vhich there is already a retail vendor licensed under Sub- section (j) oP Section 7 hereof, nor shall such license be issue�i during the period in whtch a license Por a place of business with- in said distance is renewable as a matter of course as provided '_n Sectloa 2 hereoP. " No license shall be issued for the sale of intoxicating beverages within the corporate limits of the City oY Miami Beach by vendors operating places o£ business where beverages containing alcohol of more than fourteen per cent�m by weight are sold� as provided for in Sub-section (g) and Sub-section (h) of Section 9 oP this ordinance� in excess of one license for each 1500 persons in said City according to the last preceding Federal Census. �"Nothing contained herein shall prohibit the issuance of licenses Por the sale oP intozicating liquors containing alcohol oP more than fourteen per centum by rreight� in hotels having 100 or more guest rooma� where the eaterior of the hotel in vhich the business is carried on shall not contain a store front in connection witti said business, and where the business so licensed shall only be entered from withi.n the building� in or on steamshiPs� buses or nirp?anes wh�re prupEriy li�ense3 and aut��oriz�3 ta opr_-rate by Stat� aut'r.ority� Pro:n service bars as hereinbe£o:e de:ined� in restaurants with a seating capacity for 480 or more patrons a�� in which the roofed-in floor area provided for dining tables and chairs in the room or portion of said restaurant wherein Foo�9 Ss served to guests� is not less than 4800 square feet� and no license issued for the sale oP into�cicating liquors eontaining alcohol of more than fourteen per centum by weight in any o: t};e places mentioned in this paragraph shall be counted or considerad in computing tha number of licenses permissible on the basis o: population as hereinabove set forth, "Nothing contained hereSn shall restrlet or prohibit the renewal from year to year by the City o£ Miami Beach� Florida� or the transfer from one holder to another� as provided in this ordin- anoe� of licenses issued and in e£fect on May lst� 1949� for the sale of beverages containing alcohol of more than fourteen per centum by weight under such regulations as shall be prescrib- ed by the City o£ Miami Beach� Florida." SECTION �t That all ordSnances or parts o£ ordinances conflicting herewith� shall be and the same are hereby repealed. SECTIOM 4s That in the event any section, sub-section� sentencey clause or phrase o£ this ordinance shall be declared or adjudged invalid or unconstitutional� such adjudication shall in nr, manner affect the other sections� sub-sections, sentences� clauses or phrases oP this ordinance which shall be in full force and effect� as iP the section� sub-section, sentence� clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. SECTION Si That this ordinance shall go into effect i�mmediately upo:� its passage and adoption as provided by law. PAS3ID and ADOPTED this 22nd day of August� A. D. 19'+9. � �� 1 /� �/ (f 1�;, c. a_ 4 Mayor Pro tem. ATTESTt � �„ a �� _e r r �.,. . X .,_. i ea��ir � - ..ar,ii.. � � � =��3'+3 , ree�_„g _ A�,,��,st ;� 1�`:,, ?r�� i'ea.�i1'.iz - y!:SllS�t 'l_7t ���`7 Fost�d - .. et:5C ij� j?'+`> STr:1'li u-i� _�LJ:��:.�.. COUNTY OF D'�.__P: I, ... ,. . > , - _ . _ __ ,. . . _ . . -. , .. ._ Beach� Florida� do hereby certify that Ordinance No. 592� entitled: '.... ORDINANCE AMENDING SECTION 1 AND SECTION �- OF ORDINANCE N0. 391 OF TN[; CZTY OF MIAhfI BEACH� FLORIDA� ENTITLED: 'AN ORDINANCE PROVIDING FOR �.iP REQUIRING THE LICENSING OF ALL PERSONS� FIRMS AND CORPORATIONS SELLI'e'1, MANUFACTURING OR RECTIFYING LIQUORS AND BEVERAGES CONTAINING ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH HEREIN� PROVIDING THAT NO LICET7S; SHALL BE TRANSFSRABLE APID NO EXEMPTION FROM LICENSE TAXES SHALL HE H�D; PROVIDING FOR APPLICATION APID ADVERTISING THEREOFq MAKING IT UNLAWFII?, TO SELL LIQUORS AND ALCOHOLIC BEVERAGES TO CEftTAIN PERSOPiSg FIXING CF.RTAIN HOURS WHEN LIQUOR OR ALCOHOLIC AEVERAGES MAY NOT BE SOLD OR ��- LIVERED IN THE CITY OF MIA'dI flEACHg PROHIBITING CURB SERVICE OF LI^�,ti2!tS AND INTOXICATING BSVERAGES EXCEPT BEERg PROHIBITING THE SALF, OF LIdII'��=��. OR INTOXICATING BEVERAGES AT ANY GASOLINE FILLING STATIONSg CREATIIJ; POSITION OF LIQUOR INSPECTOR AND PRESCRIBING THE DUTIES THEREOFq PP.O- VIDIN� FOR CERTAIN RESTRICTIONS ON THE PREMISES WHERE LIQUORS APID AL- COHOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE� PRESCRIBING RECUL�I'iOI�S FOR THE HANDLING OF INTO%ICATING LIQUORSg PROVIDING FOR A PENALTY FR� TiIE VIOLATION OF THIS ORDINANCE� AIv'D PROVIDING THAT THE CITY COUNCiL i����.-. REVOKE A LICENSE AS ISSUED UNDER THIS ORDINANCEq REPEALING ALL LAWS -.:.- PART OF LAWS IN CONFLICT HEREWITHg DECLARING THIS ORDINANCE TO BE A:' EMERGENCY MEASURE "'� having been passed and adopted by the City Cou:ir;i'. of the City of Miami Beach� Florida� has been posted by me in three c�,:�- spicuous places in the City of Miami Beach� one of which was at the d..._ of the City Hall in said City on the 23rd day of August� A. D. 19�9r and that said Ordinance remained nosted for a neriod of at least th:rc.�.. days in accordance w ...,. '�.:�.. �.: -..:. • ..'.:. -,..�. .�. . ..'.. City of Miami Reach. IN WITNESS ��..;JF I _ ,..... ., , - -� s�; �f i <_� official seal of the City of t3iami Tieach� Florida� or this the 5th c.;y of October, A. D. 1949. � ,2%:>� �_ _T _ . ,..