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HomeMy WebLinkAboutItem #26 - Discussion ItemORDINANCE NO. AN ORDINANCE AMENDING SECTION 3-8 OF OF THE CITY OF MIAMI, FLORIDA, ENTITLED DURING WHHICH SALES PROHIBITED; SUNDAY FOR THE PURPOSE OF CHANGING THE HOURS OF ALCOHOLIC BEVERAGES FOR BARS ON S EXTENDING THE HOURS OF SALE FROM 12 UNTIL 1:00 A.M. THE FOLLOWING MOLD PENALTY; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT, IN IN CONFLICT; CONTAINING A SEVE CODE HOURS ES" F SALE AY BY 0 NOON PROVIDING A CODE SECTIONS FAR AS THEY ARE ILITY PROVISION. BE IT ORDAINED BY THE COMMISSION •, THE CITY OF MIAMI. Section 1. That Section 3-8 the Code of the City of Miami, entitled "Hours during which sa s prohibited; Sunday sales" is hereby amended to read "Sec. 3-8 Hours sales. as follows:r r 1 during which sales prohibited; Sunday „ e r , (a) No distributor or )endor of alcoholic beverages or any employee thereyT on the licensed premises shall sell, serve, offer to sell, allow to be con- sumed, or deliver arty alcoholic beverages to any person on weekdays `r on Saturdays between 1:00 A.M. and 7:00 A.M4 or on Sundays between 2:00 A.M. and 12:001NOON. 1 (b) No :vendor licensed to sell intoxicating beverages sell, offer to, well, serve or deliver any intoxicat- ing beverages,4y the package or sealed container to any person or3:weekdays between 8:00 P.M. and 7:00 A.M. on the follo$ing day, and on Sundays the sale, serving, offering torsell, allowing to be consumed or deliver- ing shall e prohibited; provided, that beer, ale and wine may e sold for consumption off the premises after 8:00 P.M,/and until 1:00 A.M. the following morning on weekday and that only beer and ale may be sold between the hou$ s of 1:00 P.M. and 7:00 P.M. on Sundays. (c) T e above restrictions upon the 7:00 P.M. Sunday Pr hour of closing and the sale of alcoholic beverages on Sunday beyond 7:00 P.M. shall not apply to sales i il 0O it,3 x "DOCUMENT INDEX ITEM NO. 15 :' 0442.••" to patrons by licensed hotels with fifty or more guest rooms where the barroom or any room where alcoholic beverages are served does not open upon any public street or sidewalk, and by licensed restaurants to persons Who are being served food within the restaurant, which botels and restaurants are duly licensed by the city for the sale of al- coholic beverages to be consumed on the premises, and in which hotels and restaurants the sale of alcoholic beverages is strictly incidental to the main business of operating the hotel or restaurant, and where there are no illuminated signs of any kind exhibited or dis- played to the outside at hours when other licensees are prohibited from selling beverages denoting that alcoholic beverages are obtainable in such hotel or restaurant, and which restaurants shall maintain a space of at least four thousand. square feet occupied and exclusively devoted to the use of seating custom- ers at tables and where chairs at such tables within such space shall number at least two hundred; provided further, that nothing in this section shall prevent the sale of alcoholic beverages to guests in hotels, as defined herein, within their respective rooms at any hour for consumption on the premises; and provided further, that such hotels and restaurants shall not advertise in any way that intoxicating beverages are obtainable in such hotels and restaurants on Sunday. (d) Night clubs licensed by the city shall be governed by the restrictions hereinabove set forth; except, that no night club or owner, operator or employee thereof shall admit customers to its premises, nor sell, serve, offer to sell, allow to be consumed or deliver, any alcoholic beverages to any person between the hours of 5:00 A.M. and 11:00 A.M. on weekdays and between the hours of 5:00 A.M. and 5:00 P.M. on Sundays. Night clubs may remain open one-half hour after the sale and consumption of as coholic beverages is prohibited here- in. The sale of alcoholic beverages by night clubs, restaurants and hotels, by either the package or sealed containe-, is prohibited during the hours in which the sale is prohibited by other licensees. (e) Incorporated clubs licensed by the city and licensed under the provisions of subsection (11), section 561.34 of the Florida Statutes, or licensed or defined under any other provisions of the state beverage law, shall be governed by the restrictions hereinabove set forth; except, that no incorporated club officer or employee thereof shall admit customers to its premises, nor sell, serve, offer to sell, allow to be consumed or deliver any alcoholic beverages to any person between the hours of 3:00 A.M. and 11:00 A.M. on weekdays and between the hours of 4:00 A.M. and 1:00 P.M. on Sundays. The sale of alcoholic beverages by incorporated clubs, by either package or sealed container, is prohibited 2 during the hours that the sale is prohibited by other licensees. (f) The hours of closing set forth above shall hot apply to New Year's Eve, nor shall these restrictions apply to private residences, un- less licensed to serve or to sell alcoholic beverages. Private clubs shall not, however, be excepted from these restrictions. (g) Supper Clubs licensed by the City of Miami and meeting the requirements as set out in this section and other applicable laws of the City of Miami shall be excepted from the above limits on hours and be prohibited from the sale, serving, offering to sell, allowing to be consumed or de- livery of alcoholic beverages to any person between the hours of 3:00 A.M. and 11:00 A.M. on weekdays and between the hours of 3:00 A.M. and 5:00 P.M. on Sundays. Supper Clubs may remain open one-half (II) hour after the sale and consumption of alcoholic beverages is prohibited therein. The sale of al- coholic beverages by Supper Clubs by either the package or sealed container, is prohibited during the hours in which the sale is prohibited by other licensees. Supper Clubs shall in order to be licensed by the City meet the following requirements: 1) Evidence that the principal business of the establishment is a restaurant and the majority of its income be from the serving of meals with accessory provisions for the serving of alcoholic beverages and for enter- tainment. 2) That tables, chairs and kitchen facili- ties for service of meals be provided for at least 200 persons with a minimum of 400 Sq. Ft. of gross floor space maintained for entertainment. 3) That entertainment be provided on a year round basis. 4) Compliance with all other applicable City, County and State laws. Code 1957, § 4-7; Ord. No. 6529, § 1; Ord. No. 6707, §§ 1, 2; Ord. No. 7072, § 1; Ord. 7207, g 1; Ord. No. 7372, § 1; Ord. No. 8138, § 1; Ord. No. 8202, § Ord. No. ® 1. - 3 Section 2. Any person vitflAttrtrigtittwriroViigibf Section 1 of this ordinance shall be fined or imprisoned, or both fined and imprisoned in accordance with Sections 3 (aa) of the Charter of the City of Miami (Chapter 10847, Acts of Florida, 1925, as amended) and Section 1-6 of the Code of the City of Miami, Florida, and any other applicable laws. Section 3. All Ordinances, code sections or parts there- of in conflict herewith, insofar as they are in conflict, 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 construed to have been the intent of The Commission of the City of Miami to pass this Ordinance without such unconsti- tutional, invalid, or inoperative part therein, and the remainder of this Ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. PASSED ON FIRST READING BY TITLE only this day of 1974. PASSED AND ADOPTED ON SECOND READING BY TITLE only this day of, , 1974. ATTEST: CITY CLERK 4 MAYOR PREPARED AND APPROVED Batt S. R. STERBENZ, ASSISTANT CITY A RNEY and R. HARRIS TURNER, ASSIST 'Y ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: OHN S. LLOYD - CI