Ordinance 1208 ORDINANCE N0. 1208
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE
NO, 289, COMMONLY KNOWN AS THE "ZONING ORDIN-
ANCE OF THE CITY OF MIAMI BEACH, FLORIDA"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1 : That that portion of Section 5 of Ordinance No. 289
of the City of Miami Beach, Florida, reading as
follows :
"SECTION 5
USE REGULATIONS
Multiple-Family District
In the "RE" Multiple-Family District,
no building or land shall be used and no building
shall be hereafter erected, constructed, recon-
structed or structurally altered which is designed,
arranged or intended to be used for any purpose,
unless otherwise provided for in this ordinance,
except for one or more of the following uses :
1 . Any use permitted in the "RDE" Restricted
Multiple-Family District .
2. Multiple-Family dwellings or apartments
in accord with the area provisions hereinafter
defined, and accessory buildings .
3. Hotels .
4 . Hotels consisting of one hundred (100)
or more guest rooms may contain cabarets and the
following service facilities, to wit : Dance studios,
barber shops, beauty shops, dining room , restaurants,
coffee shops, tobacco, magazine, newspaper and drug
sundry shops, and valet and massage service utilities,
provided that said cabarets or service facilities shall
be located and conducted entirely within said hotel
building in such manner that no sign, advertisement
or other appearance or indication of the existence
of such cabaret or service facility, nor any
activity of whatsoever nature connected therewith
shall be visible at any time or in any manner from
any public street, avenue, walk or other public way,
and such cabaret and service facility shall not be
accessible to patrons thereof directly from a public
street, avenue, walk or other public thoroughfare
nor indirectly by means of any vestibule, foyer,
entryway or room unless such vestibule, foyer, entry-
way or room is accessible only from the main entrance
and main lobby of the hotel as such entrance or lobby
has been designated on plans for the construction or
alteration of said hotel building filed with and
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
approved by the Chief Building Inspector, and the
door of any emergency exit provided for such cabaret
or service facility shall be identified as such exit
door by words or letters on the interior thereof only,
and such exit shall be kept closed at all times except
for emergency use and the door shall be so constructed,
equipped and fitted that no entry into such cabaret
or service facility can be obtained by opening it from
the exterior thereof; and provided further that such
cabaret or service facility may be accessible to
patrons thereof from a patio, yard, court or other open
area adjoining the hotel building where such area is
enclosed on the side or sides abutting or visible from
a public street, avenue or thoroughfare by an opaque
wall containing no facilities for entrance into such open
area from the exterior of the wall, and any emergency
exit door which may be provided in such wall shall be
identified as such exit by words or letters on the
interior of the exit dbor only, and such exit door shall
not be visible from any public street, way or thorough-
fare, and such exit door or doors shall be kept closed
and locked at all times except in case of emergency
and shall be so constructed and equipped that entry into
said open area cannot be obtained through said exit by
opening the door from the exterior thereof; and provided
further that compliance with all requirements, restric-
tions and conditions herein provided have been certified
to by the Chief Building Inspector and that said require-
ments, restrictions and conditions are maintained at all
times; and provided further that proof to the satisfaction
of the City Council of the failure by the owner, manager
or person in control or custody of the cabaret or service
facility or his or its agents or employees to comply
with conditions as hereinabove set forth for the use of
said premises shall be sufficient cause for the revocation
by the City Council of the license or permit theretofore
issued for the said cabaret or service facility or
facilities; and provided further that in addition to the
penalties provided for in this ordinance for the violation
thereof, the City Council may, in its own discretion, upon
the conviction of any person, firm or corporation for
the violation of this provision, revoke the license, or
permit held by the said person, firm or corporation for
the cabaret or service facility herein provided for. "
be and the same is hereby amended to read as follows :
"SECTION 5
USE REGULATIONS
GULATIONS
Multiple-Family District
In the "RE" Multiple-Family District, _. no
building or land shall be used and no building shall
be hereafter erected, constructed, reconstructed or
structurally altered which is designed, arranged or
intended to be used for any purpose, unless otherwise
provided for in this ordinance, except for one or more
of the following uses :
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
1 . Any use permitted in the "RDE" Restricted
Multiple-Family District.
2. Multiple-Family dwellings or apartments in
accord with the area provisions hereinafter defined,
and accessory buildings .
3. Hotels .
4E. Hotels consisting of one hundred (100) or
more guest rooms may contain cabarets and the following
service facilities, when designed and intended for use
solely and exclusively as an incident to the principal
hotel use, it having been found and determined that
such service facilities, notwithstanding their commercial
nature, are necessary and convenient to the comfort and
convenience of hotel guests, to wit: Dance studios,
barber shops, beauty shops, dining rooms, restaurants,
coffee shops, modistes, sale of wearing apparel, furriers,
millinery shops, antique shops, jewelry stores, gift shops,
telegraph stations, fruit shippers, photograph galleries,
tobacco, magazine, newspaper and drug sundry shops, and
valet and massage service utilities, provided that said
cabarets or service facilities shall be located and
conducted entirely within said hotel building in such
manner that no sign, advertisement or other appearance
or indication of the existence of such cabaret or service
facility, nor any activity of whatsoever nature connected
therewith shall be visible at any time or in any manner
from any public street, avenue, walk or other public way,
and such cabaret and service facility shall not be acces-
sible to patrons thereof directly from a public street,
3 `3 avenue, walk or other public t rou- hfare nor indirectly by
means of any vestibule, foyer, entryway or room unless
such vestibule, foyer, entryway or room is accessible only
from the main entrance and main lobby of the hotel as
such entrance or lobby has been designated on plans for
the construction or alteration of said hotel building
filed with and approved by the Chief Building Inspector,
and the door of any emergency exit provided for such
cabaret or service facility shall be identified as such
exit door by words or letters on the interior thereof only,
. and such exit shall be kept closed at all times except
for emergency use and the door shall be so constructed,
equipped and fitted that no entry into such cabaret or
service facility can be obtained by opening it from the
exterior thereof; and provided further that such cabaret or
service facility may be accessible to patrons thereof
from a patio, yard, court or other open area adjoining the
hotel building where such area is enclosed on the side or
sides abutting or visible from a public street, avenue or
thoroughfare by an opaque wall containing no facilities
for entrance into such open area from the exterior of
the wall, and any emergency exit door which may be provided
in such wall shall be identified as such exit by words or
letters on the interior of the exit door only, and such
exit door shall not be visible from any public street, way
or thoroughfare, and such exit door or doors shall be kept
closed and locked at all times except in case of emergency
and shall be so constructed and equipped that entry into
said open area cannot be obtained through said exit by
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-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
opening the door from the exterior thereof; and
provided further that compliance with all requirements,
restrictions and conditions herein provided have been
certified to by the Chief Building Inspector and that
said requirements, restrictions and conditions are
maintained at all times; and provided further that
proof to the satisfaction of the City Council of the
failure by the owner, manager or person in control or
custody of the cabaret or service facility or his or
its agents or employees to comply with conditions as
hereinabove set forth for the use of said premises shall
be sufficient cause for the revocation by the City
Council of the license or permit theretofore issued
for the said cabaret or service facility or facilities;
and provided further that in addition to the penalties
provided for in this ordinance for the violation thereof,
the City Council may, in its own discretion, upon the
conviction of any person, firm or corporation for the
violation of this provision, revoke the license, or
permit held by the said person, firm or corporation
for the cabaret or service facility herein provided for."
SECTION 2: That this ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED and ADOPTED this 4th day of April , 1956.
Mayor
Attest:
/6
R. m L. Johnson
City lerir
1st reading - March 28, 1956
2nd reading - March 28, 1956
3rd reading - April 4, 1956
Posted - April 4, 1956
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE:
I, R. WM. L. JOHNSON, City Clerk in and for the City
of Miami Beach, Florida, do hereby certify that Ordinance
No. 1208 , entitled:
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE
NO. 289, COMMONLY KNOWN AS THE "ZONING ORDINANCE
OF THE CITY OF MIAMI BEACH, FLORIDA. "
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 4 day of April , 1956
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 6 day of June A.D. 1956
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