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Ordinance 1245 ORDINANCE NO, 12145 AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO, 289, COMMONLY KNOWN AS THE "ZONING ORDINANCE OF MIAMI BEACH, FLORIDA" . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 : That Item 4 of Section 5 of Ordinance No, 289 of The City of Miami Beach, Florida, reading as follows : "4. 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 accessible to patrons thereof directly from a public street, avenue, walk or other public thoroughfare nor in- directly 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 the 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 -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 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 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." be and the same is hereby amended to read as follows : "LE. 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 comfortfand 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, florist shops, 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 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, 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 -2- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 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 the 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 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 all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: That this ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 6th day of February , A. D. 1957. (7' Mayor ATTEST: ,7 , - 4,• >.._ . 1st reading - January 16, 1957 2nd reading - January 16, 1957 3rd reading - February 6, 1957 POSTED - February 7, 1957 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. 1245 , entitled: "AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 289, COMMONLY KNOWN AS THE 'ZONING ORDINANCE 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 7th day of February, 1957, 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 20th day of March , A.D. 1957 . / City C rk 0 a) U -{-) Ul n-1 r1 CU v-I 0 0 H a 0 -t O a) Ow bD'd 0 i H 00S-; a1 Z 000 O Z NrIH4- H bD0 0 0 0 'LS v1 U1 W 03 al C4 o dVI •ri