Ordinance 83-2378 ORDINANCE NO. 83-2378
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REPEALING CHAPTER 18 OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
ENTITLED INTOXICATING LIQUORS IN ITS ENTIRETY
AND CREATING A NEW CHAPTER 18 PROVIDING FOR DEFI-
NITIONS, LICENSES, PENALTY, DECREE OF CITY MANAGER
STOPPING SALE, LICENSES TO CARRY RESTRICTIONS , AND
EFFECTS ON WHOLESALE VENDORS; REPEALING ALL OR-
DINANCES IN CONFLICT THEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE;
AND PROVIDING FOR PASSAGE AS AN EMERGENCY MEASURE.
alhREAS, a new ordinance has Leen passed regulating t o
sale and distribution of alcoholic beverages, it is necessary
to rewrite the ordinance regulating same in the City Code.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1 :
That existing Chapter 18 of the City Code of the City of Miami
Beach Le repealed in its entirety.
SECTION 2 :
That a new Chapter 18 of the City Code of the City of Miami Beach
shall be enacted, the same to read as follows:
Sec. 18-1. Definitions.
The following words and phrases, when used herein, shall
for the purpose of this chapter, have the meanings respective-
ly ascribed to them as _f_ol_1mJs :
Beer. An alcoholic fermented beverage made from malt
and hops.
Block. That portion of a street between two intersect-
ing streets.
Liquor. All distilled or rectified spirits , brandy,
whiskey, rum, gin, cordials or similar distilled alcoholic
beverages, including all dilutions and mixtures of one or
more of the foregoing.
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 service which
is customarily carried on as a business . 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 al-
coiiol is beverages to its members or others .
Restaurant. An establishment where refreshments or
meals may be procured by the public .
Retail vendor. Any person selling, offering for sale or
keeping with the intention of selling to the consumer, liquor,
wine, beer or other alcoholic beverages.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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Vendor. An individual who has received a City of Miami
Beach occupational license to sell , offering for space or
keeping for sale with the intention of selling a product.
Wholesale vendor. Any person who sells or offers to
sell, consigns or offers to consign, any liquor, wine, beer
or any other alcoholic beverages for resale or in large quan-
tities which are beyond the needs of an ordinary consumer.
Wine. The product of the normal alcoholic fermenta-
tion of the juice of fresh, sound, ripe fruit, with the usual
cellar treatment and necessary additions to correct defects
due to climatic saccharine and seasonal conditions , including
champagne, sparkling and fortified wine of an alcoholic con-
tent not to exceed twenty-four percentum by volume. No other
product shall be called "wine" unless designated by appropriate
prefixes descriptive of the fruit or other product from which
same was predominantly produced or as artificial or imitation
wine.
Sec. 18-2. Licenses.
No vendor shall sell or distribute any alcoholic bev-
erages without securing a license as described in Chapter 20 ,
section 20-17 .
Sec. 18-3 . Penalty.
Any person who violates the provisions of this chapter
shall , upon conviction thereof, be punished as provided by
section 1-8 . In addition thereto, the license held by such
person may be revoked, in the discretion of the city commis-
sion.
Sec. 18-4 . Decree of city manager stopping sale, etc . , of
intoxicating liquors -- Authority to issue.
Whenever, in the opinion and judgment of the city manager,
a public emergency shall be created or exist in the city,
causing or tending to cause public disorder, law-breaking and
confusion, the city manager is hereby authorized and empowered
to prohibit, by and through the issuance of his official decree,
the sale, serving and consumption, or either thereof, of beers,
wines, spirituous and other intoxicating liquors and beverages
for and during a period of twenty-four hours or such period of
time as may be described in such decree, at all commercial es-
tablishments and at all other places in the city where such
beers , wines , spirituous and other intoxicating liquors and
beverages are licensed to be sold, served or otherwise dispensed.
In the issuance of such decree, the city manager shall have the
fact of the issuance and the contents 'of such decree broadcast
by police and by commercial radio stations and otherwise given
publicity as quickly and as widely as shall be feasible.
Sec. 18-5. Violations of decree.
It is hereby declared to be illegal and to constitute a
violation of the provisions of this chapter for any person
operating, employed at or otherwise controlling any of the
commercial establishments or other places described in sec-
tion 18-4 to sell , serve or permit the consumption on the
premises of beers, wines, spirituous and all other intoxica-
ting liquors and beverages during the period described in the
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
decree of the city manager provided for in 13-4 .
Sec. 13-6. Licenses to carry restrictions and prohibitions .
Each license for the sale of liquor shall have written
thereon the restrictions and prohibitions imposed by this
chapter upon the district within which the place of business
of the licensee is located.
Sec. 18-7. Effect of article on wholesale vendors.
Nothing contained in this article shall be deemed to
prohibit the sale of liquor, wine or beer, regardless of
alcoholic content, at wholesale by duly licensed wholesale
vendors , the approval and permission of the city commission
having been first had and obtained, in any portion of the
city wherein, by the terms of the first article of this
chapter, wholesale salesrooms and storage rooms are permit-
ted.
SECTION 3 . REPEALER
That all Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 4 . SEVERABILITY
If any section, sub-section, sentence, clause, phrase or portion
of the Ordinance is, for any reason, held invalid or unconstitution-
al 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 5 . EFFECTIVE DATE
This Ordinance shall go into effect immediately upon its
passage as an emergency measure.
PASSED and ADOPTED this 15th day of June, 1983 ,
as an emergency measure.
___;,17401gr
MAYOR
ATTEST:
CeAtt-r‘.1)-,1C144.4J'"z* fR APPROVED
CITY CLERK DEPT
4LB:ro r
tate
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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