Resolution 8853 RESOLUTION NO. 8853
BE IT RESOLVED by the City Council of the City of Miami Beach,
Florida, that it is deemed to be to the best interest of said City
to secure the passage, at the 1955 Session of the State Legislature,
of a Bill entitled:
"AN ACT AMENDING SECTION_2 AND SECTION 3 OF CHAPTER
24710, LAWS OF FLORIDA, ACTS OF 1947, ENTITLED
'AN ACT AUTHORIZING AND EMPOWERING THE CITY
OF MIAMI BEACH, IN DADE COUNTY, FLORIDA, BY
ORDINANCE OF ITS CITY COUNCIL, TO LIMIT THE
NUMBER OF LICENSES GRANTED BY THE CITY OF
MIAMI BEACH, FLORIDA FOR THE SALE OF INTOXICATING
BEVERAGES WITHIN ITS CORPORATE LIMITS BY VENDORS
OPERATING PLACES OF BUSINESS WHERE BEVERAGES CONTAIN-
ING ALCOHOL OF MORE THAN FOURTEEN PER CENTUM BY WEIGHT
ARE SOLD, TO ONE SUCH LICENSE FOR EACH FIFTEEN HUNDRED
PERSONS IN THE CITY OF MIAMI BEACH, ACCORDING TO THE
LAST PRECEDING FEDERAL CENSUS, AND PROVIDING THAT ANY
SUCH LICENSES ISSUED TO OR HELD BY OPERATORS OF RAIL-
ROADS, SLEEPING CARS, STEAMSHIPS, BUSES AND AIRPLANES,
INCORPORATED CLUBS, INCLUDING SOCIAL CLUBS, CATERERS
AT HORSE AND DOG RACING PLANTS, AS DEFINED IN THE
BEVERAGE LAW OF THE STATE OF FLORIDA, HOTELS HAVING
ONE HUNDRED OR MORE GUEST ROOMS AND BONA FIDE RESTAUR-
ANTS WITH A SEATING CAPACITY FOR SIX HUNDRED OR MORE
PATRONS AND IN WHICH THE ROOFED IN FLOOR AREA WHEREIN
FOOD IS SERVED TO GUESTS CONTAINS NOT LESS THAN FORTY-
EIGHT HUNDRED SQUARE FEET, SHALL NOT BE CONSIDERED NOR
COUNTED IN ARRIVING AT THE NUMBER OF SUCH LICENSES TO
BE ISSUED BY SAID CITY BY VIRTUE OF ANY ORDINANCE ADOPTED
UNDER THE PROVISIONS HEREOF AND PROVIDING THAT NO SUCH
LIMITATION BY ORDINANCE SHALL AFFECT OR PREVENT THE
RENEWAL OR TRANSFER OF SUCH LICENSES AS MAY BE IN EFFECT
ON THE EFFECTIVE DATE HEREOF ' ; SO AS TO RANGE REQUIRE-
MENTS FOR THE ISSUANCE TO HOTELS HAVING ONE HUNDRED OR
MORE GUEST ROOMS OF LICENSES FOR THE SALE OF BEVERAGES
REGARDLESS OF ALCOHOLIC CONTENT; TO PROVIDE THAT NO
LICENSE HERETOFORE ISSUED TO SUCH HOTELS SHALL BE
RENEWED OR TRANSFERRED UNLESS SUCH HOTELS MEET THE
REQUIREMENTS SET FORTH IN THIS ACT; AND TO PROVIDE THAT
CHARTERED OR INCORPORATED CLUBS, INCLUDING SOCIAL CLUBS,
SHALL BE EXCLUDED FROM THE LIMITATION UPON THE NUMBER
OF SUCH LICENSES TO BE ISSUED BY THE CITY OF MIAMI BEACH. "
BE IT FURTHER RESOLVED that copies of this Resolution and
of said Bill be furnished to the Honorable R. B. Gautier,
the Honorable George S. Okell, the Honorable W. C . Herrell
and the Honorable John B. Orr, Jr., Members of the Florida
Legislature from Dade County, and that they each be respectfully
requested to see that said Bill be introduced and passed at said
Session.
PASSED and ADOPTED this 2nd day of March, A. p. 1955•
Mayor
ATTEST: 7,,,,000
C. Tomlinson, City Clerk
By
Deputy C ity C e
OFFICE OF CITY ATTORNEY- CITY HALL - MIAMI BEACH 39, FLORIDA
A BILL
TO BE ENTITLED
AN ACT AMENDING SECTION 2 AND SECTION 3 OF
CHAPTER 24710, LAWS OF FLORIDA, ACTS OF 1947
ENTITLED "AN ACT AUTHORIZING AND EMPOWERING
THE CITY OF MIAMI BEACH, IN DADE COUNTY, FLORIDA,
BY ORDINANCE OF ITS CITY COUNCIL, TO LIMIT THE
NUMBER OF LICENSES GRANTED BY THE CITY OF MIAMI
BEACH, FLORIDA FOR THE SALE OF INTOXICATING
BEVERAGES WITHIN ITS CORPORATE LIMITS BY VENDORS
OPERATING PLACES OF BUSINESS WHERE BEVERAGES
CONTAINING ALCOHOL OF MORE THAN FOURTEEN PER
CENTUM BY WEIGHT ARE SOLD, TO ONE SUCH LICENSE
FOR EACH FIFTEEN HUNDRED PERSONS IN THE CITY OF
MIAMI BEACH, ACCORDING TO THE LAST PRECEDING
FEDERAL CENSUS, AND PROVIDING THAT ANY SUCH
LICENSES ISSUED TO OR HELD BY OPERATORS OF RAIL-
ROADS, SLEEPING CARS, STEAMSHIPS, BUSES AND
AIRPLANES,INCORPORATED CLUBS, INCLUDING SOCIAL
CLUBS, CATERERS AT HORSE AND DOG RACING PLANTS,
AS DEFINED IN THE BEVERAGE LAW OF THE STATE
OF FLORIDA, HOTELS HAVING ONE HUNDRED OR MORE
GUEST ROOMS AND BONA FIDE RESTAURANTS WITH A
SEATING CAPACITY FOR SIX HUNDRED OR MORE PATRONS
AND IN WHICH THE ROOFED IN FLOOR AREA WHEREIN
FOOD IS SERVED TO GUESTS CONTAINS NOT LESS THAN
FORTY-EIGHT HUNDRED SQUARE FEET, SHALL NOT BE
CONSIDERED NOR COUNTED IN ARRIVING AT THE
NUMBER OF SUCH LICENSES TO BE ISSUED BY SAID
CITY BY VIRTUE OF ANY ORDINANCE ADOPTED UNDER
THE PROVISIONS HEREOF AND PROVIDING THAT NO
SUCH LIMITATION BY ORDINANCE SHALL AFFECT OR
PREVENT THE RENEWAL OR TRANSFER OF SUCH LICENSES
AS MAY BE IN EFFECT ON THE EFFECTIVE DATE HEREOF";
SO AS TO CHANGE REQUIREMENTS FOR THE ISSUANCE TO .
HOTELS. HAVING ONE HUNDRED OR MORE GUEST ROOMS OF
LICENSES FOR THE SALE OF BEVERAGES REGARDLESS OF
ALCOHOLIC CONTENT; TO PROVIDE THAT NO LICENSE
HERETOFORE ISSUED TO SUCH HOTELS SHALL BE RENEWED
OR TRANSFERRED UNLESS SUCH HOTELS MEET THE
REQUIREMENTS SET FORTH IN THIS ACT; AND TO
PROVIDE THAT CHARTERED OR INCORPORATED CLUBS,
INCLUDING SOCIAL CLUBS, SHALL BE EXCLUDED FROM
THE LIMITATION UPON THE NUMBER OF SUCH LICENSES
TO BE ISSUED BY THE CITY OF MIAMI BEACH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:
SECTION 1. That Section 2 of Chapter 24710, Laws of Florida,
Acts of 1947 be and the same is hereby amended to
read as follows:
"SECTION 2. (1) Any ordinance passed and adopted
hereunder by said City of Miami Beach,
or on its behalf by the City Council, shall exclude from
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OFFICE OF CITY ATTORNEY - CITY HALL - !CLAM BEACH 39, FLORIDA
its operation and shall take no account of and shall
not consider nor affect nor prohibit the issuance of
licenses for the sale of alcoholic beverages regardless
of alcoholic content for consumption on the premises
to the following:
(a) Operators of steamships and steamship lines,
buses and bus lines, airplanes and airlines, horse
and dog racing plants; chartered or incorporated
clubs, including social clubs, all as defined by,
and meeting the requirements of Section 561 .34,
Florida Statutes, 1953.
(b) Hotels having one hundred or more guest rooms,
provided that the place for the sale thereof therein
shall be located, and such business shall be conducted,
entirely within such hotel building, in such manner
that no sign, advertisement or other appearance or
indication of the existence of such place of business,
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 place of business 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, entry-
way 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 of said hotel building filed
with and approved by the Building Inspector of the
City of Miami Beach, and the door of any emergency
exit provided for such place of business 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 place of business can
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OFFICE OF CITY ATTORNEY- CITY HALL- MIAMI BEACH 39, FLORIDA
N'
be obtained by opening it from the exterior
thereof; and provided further that such place
of business may be accessible to patrons thereof
from a patio, yard, court or other open area adjoin-
ing 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 shallbe 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 Building Inspector of the City of Miami Beach,
and that said requirements, restrictions and conditions
are maintained at all times .
(c) Service Bars, as hereinafter defined, in
restaurants with a seating capacity of 480 or more
patrons and inwhich the roofed-in floor area
provided for dining tables and chairs in the room or
portion of said restaurant wherein food is served to
guests, is not less than 4800 square feet .
(2) No license issued for the sale of said beverages
in any of the places mentioned in this section
shall be counted or considered in arriving at the number
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OFFICE OF CITY ATTORNEY- CITY HALL-MIAMI BEACH 39, FLORIDA
7--
of such licenses to be issued under any ordinance adopted
by authority of Section 1 of this Act.
(3) The term "service bar" as used herein shall
mean a bar or counter used in connection with the operation
of a bona fide restaurant situated in the kitchen or some
room where guests are not allowed to enter, but not situated
within the room or that portion of said restaurant wherein
food is served to guests." •
SECTION 2. That Section 3 of Chapter 24710, Laws of Florida,
Acts of 1947 be and the same is hereby amended to
read as follows :
"SECTION 3. No ordinance adopted pursuant to the
provisions of this Act shall restrict or
prohibit the renewal from year to year, by the City of
Miami Beach, or the transfer from one holder to another
of licenses issued and in effect on ,June 16th, 1947,
for the sale of beverages regardless of alcoholic content,
under such regulations as shall be prescribed by the
City of Miami Beach, provided, however, that no such
license heretofore or hereafter issued by the City of
Miami Beach to any hotel by reason of such hotel having
one hundred or more guest rooms shall hereafter be renewed
or transferred unless such hotel meets the requirements
set forth in Section 2 (1) (b) hereof. " •
SECTION 3. If any word, phrase, clause, sentence or paragraph of
this Act shall hereafter be held unconstitutional,
the remaining parts of this Act shall cm tinue in full force and
effect as though said unconstitutional part thereof had never been
included herein.
SECTION 4. All laws or parts of laws in conflict herewith are
hereby repealed.
SECTION 5. This Act shall take effect immediately upon its becoming
a law.
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OFFICE OF CITY ATTORNEY- CITY HALL -IMAM/BEACH 99, FLORIDA
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