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ORDINANCE NO. 132
AN ORDINANCE AMENDING ORDINANCE NO. 391 OF THE
CITY OF MIAMI BEACH, ENTITLED: "AN ORDINANCE
PROVIDING FOR AND REQUIRING THE LICENSING OF ALL
PERSONS, FIRMS AND CORPORATIONS SELLING MANU-
FACTURING OR RECTIFYING LIQUORS AND BEVERAGES
CONTAINING ALCOHOL; DEFINING CERTAIN TERMS AS
SET FORTH HEREIN; PROVIDING THAT NO LICENSE
SHALL BE TRANSVERABLE ALD NO EXEMPTION FROM
LICENSE TAXES SHALL BE HAD; PROVIDING AND FIX-
ING THE AMOUNT OF LICENSE FEES; PROVIDING FOR
APPLICATION AND ADVERTISING THEREOF; MAKING IT
UNLAWFUL TO SELL LIQUORS AND ALCOHOLIC BEVERAGES
TO CERTAIN PERSONS; FIXING CERTAIN HOURS WHEN
LIQUOR OR ALCOHOLIC BEVERAGES MAY NOT BE SOLD
OR DELIVERED IN THE CITY OF MIAMI BEACH; PRO-
HIBITING CURB SERVICE OF LIQUORS AND INTOXICA-
TING BEVERAGES EXCEPT BEER; PROHIBITING THE
SALE OF LIQUOR OR INTOXICATING BEVERAGES AT ANY
GASOLINE FILLING STATIONS; CREATING POSITION
OF LIQUOR INSPECTOR AND PRESCRIBING THE DUTIES
THEREOF; PROVIDING FOR CERTAIN RESTRICTIONS ON
THE PREMISES WHERE LIQUORS AND ALCOHOLIC BEVERAGES
ARE SOLD AND OFFERED FOR SALE; PRESCRIBING REGU-
LATIONS FOR THE HANDLING OF INTOXICATING LIQUORS;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE, AND PROVIDING THAT THE CITY COUNCIL
MAY REVOKE A LICENSE AS ISSUED UNDER THIS ORDINANCE;
REPEALING ALL LAWS AND PART OF LAWS IN CONFLICT
HEREWITH; DECLARING THIS ORDINANCE TO BE AN
EMERGENCY MEASURE."
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That that portion of Section 1 of Ordinance No. 391
of the City of Miami Beach, Florida, reading as fol-
lows:
"The term "Night Club" as used in this ordinance
shall mean a restaurant, dining room, or other
establishment where intoxicating liquor is sold,
given away, or consumed on the premises, and
where floor shows or other forms of entertainment
are provided for guests at any time between the
hours of midnight and 7:00 o'clock A.M. Night
Clubs shall be soundproofed and their windows,
doors and other openings kept closed in order
that the noises therefrom may not disrupt the
peace and quiet of the neighborhood."
be and the same is hereby amended to read as follows:
"The term "Night Club" as used in this ordinance
shall mean a restaurant, dining room, or other
establishment, duly licensed as a "Night Club"
under the terms of Ordinance No. 394 of the City
of Miami Beach, Florida, where intoxicating li-
quor is sold given away, or consumed on the
premises, and where floor shows or other forms of
entertainment are provided for guests at any time
between the hours of 1:00 o'clock A.M. and 7:00
o'clock A.M. in addition to the hours during which
such entertainment is otherwise permitted by ordi-
nance. "Night Clubs" shall be soundproofed and
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OFFICE OF CITY ATTORNEY-CITY HALL-MIAMI BEACH 39,FLORIDA
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air-conditioned, and their windows, doors
and other openings kept closed in order that
the noises therefrom may not disrupt the
peace and quiet of the neighborhood.
The term "Cabaret" as used in this ordinance,
shall mean a place of business other than
a "Night Club", located in a "Restaurant" as
defined in this ordinance, or in a hotel having
100 or more guest rooms, where intoxicating
liquor is sold, given away, or consumed on the
premises, which place of business is duly licensed
as a "Cabaret" under the terms of Ordinance No. 394
of the City of Miami Beach, Florida, and where en-
tertainment is permitted or providefor guests at
any time between the hours of midnight and 1:03
o'clock A.M. on days other than Sunday in addition
to the hours during which such entertainment is
otherwise permitted by ordinance. A "Cabaret"
shall be in a wholly enclosed, soundproofed, air-
conditioned room or rooms."
SECTION 2: That Section 18 of Ordinance No. 391 of the City
of Miami Beach, Florida, reading as follows:
"SECTION 18: No licensed Vendor, except Night
Clubs as in this ordinance defined, shall permit
or allow any music or other form of entertainment
in the place of business of such Vendor, or in any
room connecting directly therewith through doors or
other means of ingress or egress; provided, however,
that orchestra music may be provided in resaurants
or dining rooms equipped with a service bar not ac-
cessible to the public up to, but not later than
12:00 o'clock midnight; and provided, further, that
string music, mechanical phonograph and radio, the
sound of which is not audible a distance of more
than fifty (50) feet from the place of business of
the Vendor, may be provided by a Vendor licensed
under subsection (g) and (j) of Section 7 hereof,
until 12:00 o'clock midnight."
be and the same is hereby amended to read as follows:
"SECTION 18: No licensed Vendor except "Clubs"
and "Night Clubs" as in this ordinance defined,
shall permit or allow any music or other forms of
entertainment in the place of business of such
Vendor, or in any room connecting directly there-
with through doors or other means of ingress or egress,
except as hereinafter provided in this section.
String music, mechanical phonograph and radio, the
sound of which is not audible a distance of more
than fifty (50) feet from the place of business of
the Vendor, may be permitted or provided by any Ven-
dor licensed under Sub-section (g) or Sub-section
(j) of Section 7 of this ordinance, between the
hours of 7:00 o'clock A.M. and 12: 0 o'clock mid-
night, every day and during the hour between mid-
night on Saturday and 1:00 o'clock A.M., on Sunday.
Orchestra music may be permitted or provided by any
Vendor licensed under Sub-section (g) of Section 7
of this ordinance whose place of business is in a
restaurant or dining room equipped only with a"ser-
vice bar" as defined in this ordinance, between the
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OFFICE OF CITY ATTORNEY-CITY HALL-MIAMI BEACH 39,FLORIDA
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hours of 7:00 o'clock A.M. and 12:00 o'clock
midnight, every day and during the hour between
midnight on Saturday and 1:00 o'clock A.M., on
Sunday.
Any vendor licensed under Sub-section (g) of
Section 7 of this ordinance, whose place of busi-
ness constitutes a "Cabaretas in this ordinance
defined, may permit or provide, at any hour on
any day except between the hours of 1:00 o'clock
A . M., and 7:00 o'clock A.M., the following music
and other forms of entertainment;
(a) Music produced or furnished by mechanical
phonograph, radio receiver or instrumental soloist;
(b) Orchestra music and vocalists incidental thereto,
provided such vocalists are bona fide members of the
orchestra;
(c) Music and singing incidental to the conduct of
non-professional dancing by guests or patrons;
(d) Mind-reading exhibitions not accompanied by
music or other entertainment."
SECTION l: All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 4: This ordinance shall go into effect immediately upon
its passage and posting as required by law.
PASSED and ADOPTED this 17th day of May A.D.
1950.
,c) 10..,C,
Acting Mayor
Attest: ( 41�
City Clerk
1st reading - May 3, 1950
end reading - May 3 1950
3rd reading - May 17, 1950
Posted - May 18, 1950
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OFFICE
3-OFFICE OF CITY ATTORNEY-CITY HALL-MIAMI BEACH 39,FLORIDA
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STATE OF FLORIDA
COUNTY OF DADE:
I, C. W. TOMLINSON, City Clerk in and for the City of
Miami Beach, Florida, do hereby certify that Ordinance No. 932,
entitled:
"AN ORDINANCE AMENDING ORDINANCE NC. 391 OF THE
CITY OF MIAMI BEACH, ENTITLED: 'AN ORDINANCE
PROVIDING FOR AND REQUIRING THE LICENSING OF ALL
PERSONS, FIRMS AND CORPORATION SELLING, MANUFACTUR-
ING OR RECTIFYING LIQUORS AND BEVERAGES CONTAINING
ALCOHOL; DEFINING CERTAIN TERMS AS SET FORTH HEREIN;
PROVIDING THAT NO LICENSE SHALL BE TRANSFERABLE AND
NO EXEMPTION FROM LICENSE TAXES SHALL BE HAD; PRO-
VIDING AND FIXING THE AMOUNT OF LICENSE FEES; PRO-
VIDING FOR APPLICATION AND ADVERTISING THEREOF;
MAKING IT UNLAWFUL TO SELL LIQUORS AND ALCOHOLIC
BEVERAGES TO CERTAIN PERSONS; FIXING CERTAIN HOURS
WHEN LIQUOR OR ALCOHOLIC BEVERAGES MAY NOT BE SOLD
OR DELIVERED IN THE CITY OF MIAMI BEACH; PROHIBITING
CURB SERVICE OF LIQUORS AND INTOXICATING BEVERAGES
EXCEPT BEER; PROHIBITING THE SALE OF LIQUOR OR
INTOXICATING BEVERAGES AT ANY GASOLINE FILLING
STATIONS; CREATING POSITION OF LIQUOR INSPECTOR AND
PRESCRIBING THE DUTIES THEREOF; PROVIDING FOR CERTAIN
RESTRICTIONS ON THE PREMISES WHERE LIQUORS AND ALCOHOLIC
BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRESCRIBING
REGULATIONS FOR TPE HANDLING OF INTOXICATING LIQUORS;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE, AND PROVIDING THAT THE CITY COUNCIL MAY
REVOKE A LICENSE AS ISSUED UNDER THIS ORDINANCE;
REPEALING ALL LAWS AND PART OF LAWS TN CONFLICT HERE-
WITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY
MEASURE",
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 18th day of May, A. D. 1950, 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 June, A. D. 1950.
vC/
City Clerk