Ordinance 82-2304ORDINANCE NO. 82-2304
AN ORDINANCE AMENDING CHAPTER 18, SECTION 18-1 AND
SECTION 18-3 OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, PROVIDING A DEFINITION FOR PRIVATE CLUB AND
REGULATING CLOSING HOURS OF PRIVATE CLUBS AND PACKAGE
STORES; PROVIDING FOR SEVERABILITY AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFEC-
TIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: That Chapter 18, Section 18-1 of the Code of the City of
Miami Beach, Florida, be and the same is hereby amended
to read as follows:
Sec. 18-1. Definitions.
Private club. Buildings and facilities or
premises used or operated by an organization or
association for some common purpose, such as, but
not limited to, a fraternal, social, educational
or recreational purpose, but not including clubs
organized primarily for profit or to render a ser-
vice which is customarily carried on as a busi-
ness. Such organizations and associations shall
be incorporated under the Laws of Florida as a non-
profit corporation and such corporation's major
purpose shall not be for the purpose of serving
alcoholic beverages to its members or others.
However private clubs complying with the require-
ments of Florida Statute 561.20 governing the issu-
ance of licenses for racquetball, tennis and golf
facilities may be incorporated as a profit-making
organization.
SECTION 2: That Chapter 18, Section 18-3 of the Code of the City of
Miami Beach, Florida, be and the same is hereby amended
to read as follows:
Sec. 18-3. Hours of Sale.
No alcoholic beverages shall be sold or served
within the City of Miami Beach except at such hours
and on such days and by such vendors as set forth
below.
(a) Establishment for package sales only. Ven-
dors holding a license from the State beverage depart-
meqt for the sale of liquor and other alcoholic bever-
ages for consumption off the premises only, shall make
no sale of alcoholic beverages on Sundays, and shall
make no sale of alcoholic beverages during week days
except between the hours of 8:00 a.m. and 8:00 p.m.;
provided, however, that vendors operating stores pri-
marily for the sale of products other than alcoholic
beverages may make sales of beer and wine in sealed
containers for consumption off the premises during the
hours of 8:00 a.m. and 2:00 a.m. on any day of the week.
(b) Establishments for on -premises consumption sales.
Vendors having a license from the State beverage depart-
ment for the sale of alcoholic beverages for consumption
on the premises shall make no sales of such alcoholic
beverages on any day except between the hours of 8:00 a.m.
and 2:00 a.m. of the following day, provided that, ven-
dors (as described above) having secured an extra -hour
license, issued by the City of Miami Beach shall make no
sales of such alcoholic beverages on any day except
between the hours of 8:00 a.m. and 5:00 a.m. of the
following day.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE • MIAMI BEACH, FLORIDA 33139
Every such vendor shall close and keep closed
his place of business and not allow any customer
to remain therein during the hours that sales are
not permitted. Prlrete-elczbs-serving;-selling-er
eisgensng-lquer;-beer-er-,ulna-shall-be-geverned
by-the-feregeing-hears-ef-sale.- In the event a
vendor has a license to sell liquor and other alco-
holic beverages for both on premises and off prem-
ises consumption, in no event shall package sales
be made outside of the hours enumerated in subsec-
tion (a) above.
(c) Private clubs shall not be governed by the
closing hours set forth herein provided that ser-
vice is made only to members and guests of members
pursuant to Florida Statutes. However, any private
club electing to remain open after 2:00 a.m. shall
purchase an extra hours license and any private club
electing to remain open after 5:00 a.m. must provide
for security in its premises by hiring private secu-
rity guards or off-duty policemen between the hours
of 5:00 a.m. and 8:00 a.m. each day. Further, such
private clubs shall not admit members to its premises
between the hours of 7:00 a.m. and 8:00 a.m. each
day. Private clubs which secure a license from the
Division of Alcoholic Beverages and Tobacco by com-
plying with the requirements of Florida Statutes
561.20 for racquetball, tennis or golf course fa-
cilities, may admit its members at any time for use
of such facilities, but may not serve alcoholic bev-
erages after 2:00 a.m. each day unless it is the
holder of an extra hours license and complies with
the above requirements.
SECTION 3: SEVERABILITY.
If any section, sub -section, sentence, clause, phrase or portion of
this Ordinance is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions of this Ordinance.
SECTION 4: REPEALER.
That all Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 5:
This Ordinance shall take effect ten (10) days after adoption on
April 16 , 1982.
Attest:
PASSED and ADOPTED this 6th day of April, 1982,
City Clerk
1st Reading - March 17, 1982
2nd Reading - April 6, 1982
MLB:jj
Mayor
FORM APPROVED
LEGAL DEPT.
By -/ • -t uA-,34 uA,.t-g4
Date 3- / - Pz
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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