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Home My WebLink AboutO-09187fi l-J ORDINANCE NO. 01 C 8 7 AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9132, ADOPTED JULY 24, 1980, WHICH MODIFIED LICENSING PROCEDURES FOR ADULT MOTION PICTURE THEATRES AND ADULT BOOK STORES AND WHICH ALSO DELETED THE SPECIFIC LICENSING AND REGULATING OF ESCORT SERVICES FROM THE CITY CODE BY CORRECTING A SCRIVENER'S ERROR IN SAID SECTION 1 OF ORDINANCE NO. 9132 WHICH HAD INCORRECTLY REFERRED TO THE CITY ZONING ORDINANCE AS "ORDINANCE NO. 8645" INSTEAD OF "ORDINANCE NO. 6371, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, AS AMENDED, AND AS MORE PARTICULARLY AMENDED BY ORDINANCE NO. 8618 ADOPTED FEBRUARY 23, 1977, AND BY ORDINANCE NO. 8695, ADOPTED SEPTEMBER 15, 1977"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, Ordinance No. 9132, adopted July 24, 1980. which dealt with the licensing and regulating of adult bookstores and adult motion picture theatres contains a requirement that such activity be located at sites not in conflict with the city zoning ordinance provisions; and WHERF,AS, the reference to the city's zoning ordinance provisions was incorrectly stated as Ordinance No. 8645 as a result of a scrivener's error; and WHEREAS, the proper reference in said Ordinance No. 9132 should have been stated as follows: "Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami. as amended, and as more particularly amended by Ordinance No. 8618 adopted February 23, 1977, and by ordinance No. 8695, adopted September 15, 1977"; and WHEREAS, the grounds found by the City Commission to warrant the emergency passage of Ordinance No. 9132 included, among other grounds, the need to prevent unnecessary expenditure on the part of the licensees in the commencement and development of the above - described activity within areas which were already precluded to them; and ' = a r r- WHEREAS, emergency passage of the herein ordinance is also found to be necessary for the same grounds; and WHEREAS, said Ordinance No. 9132 repealed a prior ordinance dealing with said business activity (Ordinance No. 8758, adopted February 23, 1978,) which had been codified in the September, 1980, City Code as Chapter 3 of said Code; and WHEREAS, said Ordinance No. 9132 has not yet been codified and exists in basic ordinance form and can properly be amended in its basic ordinance form; NOW, THEREFORE, BE IT ORDAINED BY THE CO14MISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 1 of Ordinance No. 9132, adopted July 24, 1980, dealing with the licensing and regulating of adult bookstores and adult motion pictures is hereby amended in the following particulars:l/ "Section 1. Ordinance No. 8758, adopted February 23, 1978, which established a new Chapter 66 of the Code of the City of Miami, Florida, providing for the licensing and regulation of adult motion picture theatres, adult bookstores and escort services is hereby repealed in its entirety by deleting all references to escort services and the following is substituted in its place and stead: Chapter 66. Adult Motion Picture Theatres, Adult Bookstores, Licensing and Regulation. Section 1. Definitions Section 2. Qualifications for the issuance of licenses for adult motion picture theatres or adult bookstores. (1) In addition to any other statutory, code or ordinance provision, issuance of licenses to operate adult motion picture theatres or adult 1/ Words stricken through shall be deleted. Underscored words constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 9 -4 8 7 bookstores shall be subject to the following information being furnished: (a) * (2) The only reasons for denial of an applica- tion are: (b) (c) (d) that the applicant, individual, partner- ship or corporation desiring to engage in the business of operating an adult motion picture theatre or adult bookstore has selected a pro- posed site that conflicts with Zoning Ordinanee Ne7-8645 Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, as amended, and as more particularly amended by Ordinance No. 8618, adopted February 23, 1977, and by Ordinance No. 8695, adopted September 15, 1977, which defines certain regulated uses and proscribes their location in certain zones. * Section 3. Revocation and suspension of license_ Section 4. Noncompliance provisions. Section 2. The above amendment is made expressly for the purpose of correcting a scrivener's error which appeared in Section 1 of Ordinance No. 9132, adopted July 24, 1980, which incorrectly referred to the city's zoning ordinance as"Ordinance No. 8645" instead of'Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, as amended, and as more particu- larly amended by Ordinance No. 8618, adopted February 23, 1977, and by Ordinance No. 8695, adopted September 15, 1977." -3- U� 8 7 Section 3. All ordinances or parts of ordinances inso- far as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 4. If any section, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance, and it shall be constued to have been the intent of the City Commission to pass this ordinance without such unconstitutional, invalid, or inoperative part therein, and the remainder of this ordinance shall be deemed and held to be valid as if such parts had not been included therein. Section 5. This ordinance is hereby declared to be an emergency measure on the ground of urgent public need for the preservation of peace, health, safety and property in the City of Miami. Section 6. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED this 30th day of October , 1980. Maurice A. Ferre MAURICE A. FERRE M A Y 0 R ATT —_ � . _- _ �' ., •'�% Cyr/ LPA,�. ONGIES CITY CLERK PREPARED AND APPROVED BY: ROBERT F_.CLARK ASSISTANT CITY ATTORNEY APP,j3 WD AS TO FOR4-AbIZ CORRECTNESS: CITY TORNEY -4- P4;87 4 A Honorable Members of October 15, 1980 th City Com'tiission- Ordinance Amending Ordinance No. 9132 Due to Scrivener's Error. o e 4 F. Knox,Jr. Cit Attorney Attached hereto is a proposed ordinance amending Ordinance No. 9132 dealing with the licensing of Adult Motion Picture Theatres and Bookstores which specifically refers to Ordinance No. 8645 instead of Ordinance No. 6871, in describing the City's Zoning Ordinance. The above error was made in erroneously transferring the ordinance number from the rough draft to the final draft. The original Ordinance (9132) remains the same except for the herein proposed change which is necessary to correct the "•'scrivener's error" . GFK /FRIi /wpc Enclosures (1) s �" 87 MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday, an Legal Holidays ! %! Miami, Dade County, Florida.- jai► STATE OF FLORIDA V4A COUNTY OF DADE: �. J Before the undersigned authority perso fly appeared Octelma V. Ferbeyre, t who on oath says she is Supervisor, Legal Advertising of the Mlam Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement or Notice in the matter of CITY OF MIAMI ............................. . Re: Ordinance 9187 .................................................................................. in the . .._........ ...X..X.. X........ ..... .......... Court, was published in said newspaper in the issues of November. 64 -1980 .._._ _ . ........................... Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of sec j' i ppvertisement for pu nation in the sai� �eras �� • �i _.. .... . _ • _. �......... .......... a •� /� e Swornt,0nj3sJbk &ciV be%pr?, n p this 6th )clay —It November AA. ^ 80 19�....... ElIr • •. Becky C sRexy�� N YY Pyygql1ic• 5tatlb� Ftpr'tdp�a arge M C6ip�tti3syo1n�xPi st3e�t* a). ��rtr ritt` ". i U LEGAL I40TICI All interested will take notice that at the 30th day of October 1980. the City Commission of Mimi. Florida passed and adopted the following titled ordinancas ORDINANCE N6. 3 B 7 Ali EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9132. ADOPTED JULY 24, 1980. WHICH MODIFIED LICENSING PROCEDURES FOR ADULT MDTION PICTURE THEATRES AND.ADULT BOOR STORES AND WHICH ALSO DELETED THE SPECIFIC LICENSING AND REGULATING OF ESCORT SERVICES FROM THE CITY CODE BY CORRECTING A SCRIVENER'S ERROR IN SAID SECTION 1 OF ORDINANCE NO. 9132 WHICH HAD INCORRECTLY REFERRED TO THE CITY ZONING ORDINANCE AS "ORDINANCE NO. 8645" INSTEAD OF "ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI. AS -AMENDED. AND AS MORE PARTICULARLY AMENDED BY ORDINANCE NO. 8618 ADOPTED FEBRUARY 23. 1977. AND BY ORDINANCE NO. 8695, ADOPTED SEPTEMBER 13. 1977"i CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. L1SY O/� O .ca�o 9�fCO.FLOQ,O TfOCLUK ONGIE CITY OF MIAMI. FIMIDA Publication of this Notice on the 6 day of November 1980. 11/6 M80.110651 (SEAL) MR-91 fi----•-+awn '. .ix>ai;c '�.'_ . i'+e-1'a' 10