Ordinance 898 ORDINANCE NO. 898
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDIT'` G ORDINANCE NO. 402, EN-
TITLED: "AN ORDINAI;CE REGULATING AND
RESTRICTING THE LOCATIONS ,WHR EIN THE
BUSINESS OF TIL SALE OF LIQUOR, AS HEREIN
DEFINED, MAY BE CONDUCTED; PRESCRIBING
PENALTIES FOR THE VIOLATION HEREOF AND
PROVIDING FOR THE ENFORCEMENT HEREOF. "
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That that portion of Section 1 of Ordinance %To. 402
of the City of Miami Beach, reading as follows:
"The term "Service Bar') as used in this
ordinance shall mean a bar or counter used
in connection with 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 bona fide restau-
rant wherein food is served to guests,
whereon drinks are prepared solely for the
purpose of service to and consumption by
guests of said restaurant, seated at tables
within the room or portion of said restau-
rant wherein food is served to said guests."
be and the same is hereby amended to read as follows:
"The term_ "Service Bar" as used in this
ordinance shall mean a bar or counter used
in connection with 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 served to guests; at which bar or counter
drinks are prepared solely for the purpose
of service to and consumption by the guests
of said restaurant and from which bar and
counter drinks are dispensed solely for
consumption by guests of said restaurant
seated at tables within the room or Portion
of said restaurant wherein food is served
to said guests ."
SECTION 2: That Section 92B of Ordinance No. 402 of the City
of Miami Beach, reading as follows:
"Section 9. B: In "I" District, the sale of
liquor for consumption on the premises is
prohibited except from service bars in bona
fide restaurants with a seating capacity for
six hundred or more patrons and in which the
roofed-in floor area wherein food is served
to guests contains not less than forty-eight
hundred square feet, and in hotels having. one
hundred or more sleeping rooms, provided that
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
• each of said hotel sleeping rooms shall meet
the requirements of Section 5.18.06.01 of
Ordinance No. 592 of the City of Miami Beach,
Florida, and provided that the exterior of
the hotel in which the business is carried
on shall not contain a store front in connec-
tion with said business and the business so
licensed shall only be entered from within
the building ."
be and the same is hereby amended to read as follows:
"Section 9B: In "I" District, the sale of
liquor for consumption on the premises is
prohibited except from service bars in bona
fide restaurants with a seating capacity for
four hundred eighty or more patrons and in
which the roofed-in floor area wherein food
is served to guests contains not less than
forty-eight hundred square feet, and in hotels
having one hundred or more sleeping rooms,
provided that each of said hotel sleeping
rooms shall meet the requirements of Section
5.13.06.01 of Ordinance No. 592 of the City
of Miami Beach, Florida, and provided that
the exterior of the hotel in which the busi-
ness is carried on shall not contain a store
front in connection with said business and
the business so licensed shall only be entered
from within the building."
SECTION 3 : That Section 12 of Ordinance No. 402 of the City of
Miami Beach, Florida, reading as follows:
"Section 12: The Liquor Inspector is hereby
directed to enforce the provisions of this
ordinance . "
be and the same is hereby deleted and repealed.
SECTION 4: All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 5: In the event any section, sub-section, sentence,
clause or phrase of this ordinance shall be declared
or adjudged invalid or unconstitutional, such
adjudication shall in no manner affect the other sections,
sub-sections, sentences, clauses , or phrases of this ordinance
which shall be in full force and effect, as if the section,
sub-section, sentence, clause or phrase so declared or ad-
judged invalid or unconstitutional was not originally a part
thereof.
SYECTIOd 6: This ordinance shall take effect immediately upon
its passage and posting as required by law.
PASSED and ADOPT'- ) this 21st day of September, A. D.
1949.
Ic) vac
ATTEST s Mayor pro tem.
C. W. TOMLI SO , CITY CLERK
, ,
By s . .4,. ,. .�..�..
De .uty City Clc k
1st reading - September 7, 1949 3rd reading - September 21,19+9
2nd reading - September 7, 1949 POSTED - September 21,1949
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
•
STATE OF FLORIDA
COUNTY OF DADE:
I, C. W. TOM-LINSON, City Clerk in and for the City of
Miami Beach, Florida, do hereby certify that Ordinance No. 898,
entitled: "AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING ORDINANCE NO. 402, ENTITLED: 'AN ORDINANCE REGULATING
AND RESTRICTING THE LOCATIONS WHEREIN THE BUSINESS OF THE SALE
OF LIQUOR, AS -iEREIN DEFINED, MAY BE CONDUCTED; PRESCRIBING
PENALTIES FOR THE VIOLATION HEREOF AND PROVIDING FOR THE EN-
FORCEMENT HEREOF" , 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 September, A. D. 1949, 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 3rd day of November, A. D. 1949.
City Clerk
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