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HomeMy WebLinkAboutO-08323ORI)I NANcE: No .: 013 AN EMERGENCY ORtii NANCE AMt:NbiNO SEC't1OIN 3=4 3 ' Or 'T`i l COD1 OP THE CITY: OP MIAMI ' R1 t:,ATI NO TO VI GHte' CtU13 t ENACTING )\ ' 11t W St.Jt3-PARAGRAt?l 3--43 (b). ; t ttOVIbING trr1TtT CUARt;NTI,y t,I:CiF;NSET) NIGHT GLUF3S $11,AtL BE. EXEMPTE1:) I+'rt014 t1fRIt•1UM SPACE RL•'QUII7I'.i•1EW'1'S OF' SECTION 343 (a) Op THE CUDI t t OV.t I)J Nd t,? :CElITIONS WHEN TUE I3tJILI)IN( IS Ct1i\NGED,t Pt2OVI1)I NO INCLUSION I N TUE CODE; CON`1'AT NT NG A SEVFR11I3Ii,ITY CLAUSE., 1;1; IT ORDAINCI) BY THE cOMM S S'ON 0 THE C ry OF MIAMI , FLORI OA Section 1. Section 3-43 of the Code of the City of Miami is hereby amended as follows: Sec. 3-43 (a) Service of meals and refreshments required; minim= space requirements. It shall be unlawful to operate any night club in the city unless meals :or refreshments aie prepared and served on the premises in connec- tion with vaudeville, ;theatrical entertainment or dancing which is also required. :ipiac•t? (occupied by chairs and tables for service of meals to not 3.+ ss than two hundred persons shall he set up and maintained. Floor space of at least four hundred luarc feet shall be located in one unit and on the same floor and suitably prepared for danej,ttc3, free from tables, chairs or other obstruction, all of which shall be provided and maintained at all times. Sec. 3-43(b) . Any existing establishment.', used and 1iconsed as Z night club as of September 3U , 1974 shall he allowed to maintain the occu_pant content established and posted- byr • the Fire Mar shall not- • c: i t.1z:::Landinci the minimum apace, r. equirements • in 3-43 (a) ' This occupant content, pertaining to both meals and seating capacity, shall prevail unti.:l. ,such time.e, a:: the present structure is modified, altered 'or -repaired, at a cost in c',:c:ens of 25V' of the value of the existing st:_t•atcLur 1f, during any t:we],ve'menth (period; the cost of all orations exceeds 25nr» X of the. value - of the bui.ldi11J , then the licensee „hall fulfill the minimum roc;uirements of 200persons as set forth' in section 3-43(a) Section Olou1d any part c.,i." .1'rovi siOt1H of this ordinance be: declared by> a. court of e_oinpetent . jurisdiction to be invalid, the same shall xtiot-at"feict the validity of . the ordinance as a whole , or •tang mart the?reof ; other . than the :part. cleC.l, tired to. be inv t. id . Section 3. It is the intention of the city Commission, and it is hereby ordained that the pt.c.tvisions. of this ordinance shall become and be made a part of the Code of the City of Miami , Florida;, that, the sections of this ordinance may be renumbered or r.eiettered' to accomplish such intention; : and that the word "ordinance" may be changed to: "section", "article". or other appropriate word. Sect on 4 . The plovisic.s hc.come f.fec.tive on publical:i.on 5ect.i.ort `i. This roi dinance is hereby declared to l:be an emerrtc.ncy measure on the ground of urgentpublic need fcr the, preservation of peace, health, safety and property in the City of Miami. Section 6. . The requirement of reading this _his ors i nance shall ordinance on two separats days :is hereby dispensed with by a vote of not less. than four fifths of The Members of the Commission. PASSED AND ADOPTED BY TITLE ONLY this 7thday of November , 1974. MAURICE A FERRE o R FJ,D. SOUTHERN Atteat: City Clerk t► L G r L N O T r a t M.. ihtefedted will take hatiee that Oh the day of November, 1914 f tie CaMMiaaiOii toi the City Miami, P10 i a adopted ah Oxdihande ehtitted 'AN EnERGENCY ORDINANCE MENDING SECTION 3--43 OP THIt CODE Or THE' CITY OF MIA$I. „ . R1 LATING TO. N GHHT CLUBS; . ENAC.t'ING A NEW, SUB -PARAGRAPH 3-43 (b) ; PROVIDING, THAT CURRENTLY T ICENSED:NIGIET CLUBS SHILL BE EYFMC'TED F ROi4 MIirI11UM SPACE REQUIREWONTS • OF SECTION : -43 (a) OF THE,,CODE: PROVIDING EXCEPTIONS WHEN. TI1E BUILDING IS CC'ANGE PROVIDING INCLUSION IN ' THE CODE„ CONTAINING A RAL'ILIrlY, CLAUSE . which is designated Ordinance No. 8323. H.D.: SOUTHERN. CITY . CLERK CLTY OF.NIAMI,FLORIDA ANB BAU M '§t t b' Pittsgtd .btalt'itetPi loft da$; Star dhd iI<RaI tJ'ot d,iyff• Mit ic! WO trilinO, ktith n. MtAtl �t titiiA &Mt? tit. bAtit: beroiti inn undersigned tiuthorltit par3orially AP.Piked Martha biobnte. who On oath say! 'that the • T3 the. V.P., Legal has 'of the Miami Review and Daily Record, d daily .(except Saturday, ,Sunday- end Legal Holidays) newspaper published at Miami In Dada County,Florida; that the attached Copy of adver• tMSantel% being a Legal Advertisement or Notice IP the matter of City of ' i& i1 Fj:orida Qt,b/NANCt mp t 8 3 ih the XXX Court. was published In said newspaper in the Issues'of Affiant further SayS that the 'said tdiami Review and Daily Record is a newspaper published at Miami, in said Dade County, Florida, and that the said n_w< paper has heretofore been continuously pu:Mshed In said Dada Cuunty Florida, each day (except Saturday, - Sunday and Legal Holidays) and has been entered a:, second class mail matter at the post office in Miami, in said Dade County, Florida fot a period of Min year next preceding the first publication of the attached Copy of ndverttstrnent; and affient further siys that she has neither paid nor promised any person, firm or. corporation any discount, rebate, commission or • refund for the purpose of securing this.advertisem'n'' for publication In the sald newspaper. • (SEAL) My Comrrissron t t tit* 311AMI4 )t; t't► Ctt, tiittil),1 :hktltit"J Att )hieP.'strit will take hntic8 that, do the 71h tfey rit i\dt+�tttn. het'. frn74' the Cnmmi ,ii.tnn et the CIS of Miami, FInFIda adopted an nrdtnani!e't•htitled— A? EM tiokNCY, .1Strt•'. A:11t Nbt�r SEC= '11r) 3.43 OF' Tilts COt)1 'bP 'Tilts alit OF Mitt Ittit,A`I'I\(; 1'O - Mails rLt'RS: tiNACT1 CJ A N1 W Ct;13•P.tttArtttAPIt 3-43(h11' t'I;Ctt'tt)t'f T1fAT'' ('I:R- Rl:N't'LY. t,IC1 NSl.1) N1r;1!T .CLUBS SHALL HE EX t•:Mtp'rEI) F'RO1f Mt\fbtt 3I st'Art•: itEgtJ1REMEN't'S C)F' SECTION , 3-4300 'OF - TI(i: CODE: PRoViti!\r, ExC''I:ti'f IONS WHEN THE. !WILDING t5 . CHANGEDr pRt'rt'ti)t 'j tNr.'LtUStOX t�f THE CODE:. CONTAtNINCI A SliVlittAt3tLITY'CLAUSt:, which la designated Ordinance • Nu. 83_"23. It. I). SOUTIIt;RX c►.tint< (ITV or ML\Mt, FLORIDA Pubic ntinrr of thlA notice nit tho 13111 day if Not••nther, Ott. 11,13 NI 11413 Ir. P. ift Andretis City lt.ttt:`i,e er 1 Cv il, t1'. frice, ' i)4pitty Chief Aetinl; Director bepaitmettt of fire :,:, Dabber 1, i074 Prottci'eid Cltttige lti City Corte Might Clubs of Monday, Septcmber 30, 1974, ttea following persons stet at the Office of ttic Vire Chief to develop a solution for a conflict tthich has occurred between Section 3-43 of :he Uivot City Code (rcquir,ne night clubs to have seating,fot 200 patrons) and the life safety oc: up:thcy load ttic..itit; ,et by the 1•'ire Department: Present: Deputy Chief lit tl..Brice, Acting Director, Department of Fite Deputy Chief E. Proli, Department of V ire captain 1t. J . Hewett Asst. Fire t•iar5tt:t1., Department of Fire Lieutenant 1. Mock, Fire: Prevention Bureau, Department. of Fire R. E. Feiencit:, Director, Building Department ti..Vidal, .Chief Beitditte 'Inspector, Building Department Ms. 4ilte Carter, Aesistant City Atfctriiey Carl Caplinger, Tax & License. Division, Department of Finance Lieutcru:ttt Burns, Vice Squad, Department: of Police Sergeant: LcdL,tz, Vice Squeal, Department of Police Mr. Carrai:s (owner of Los Violins and Flamenco) Mr. Jerry fohinvon, Florida Restaurant Association ALI in atteud,tne:e a . ed to add Section.3-43(1,) to the Code which would "grand- i:tt.teer" itt the elute; molt ope.'rat ttt:;. itvas felt by the City's representatives at this meeting Lie:tt this approach would offer a safe solution to our present prob- 1: t and also boutprotect our interests by refluirine new night, clubs to comply with the 200-person clause. :ts. liilce Ce ter has submitted the recommendation below, to be added to the City CeJe n5 Sektion 3-43(h) : Any e::1 ting building, used and licensed as a night club as of Septe ether 30, 1974, shall be allotted to z:t intain the. occepent: contentr.:;tehlisltcd and posted by the Fire Marshal nc'Lt.1.tlt;;tanding the t:t.o hundred person:: requirement in the preceding par:tgre0. This occupant content, pertaining to both nt;::l:t and sc,tLi.oe capacity, shall prevail until such tiele as the present structure is modified, altered or rc- pairv:l, the cost of. tte i cl► is is excess of 25% of the value c t t;te "jutitza :;trActure. If during any tt:c`lve month period, the co:;t: of al.ter:tt ,j eee_ exceec:s 25/ of the value of the build - in;, then the 'icon ..,:c:shall fulfill the rtiniwam requirements of 2li.) persons an : e'... forth in Section 3-43 (:t) . et Ms. eA .: Car Asst. City Attorney; 11. E. Ferencih, Director, Building Dept. Depeeteent tz:: eeli.ce, 1).:1=.:rt.mente eel: Finance, tit'. Jewry P.ol;i.nson, Vlorida lleseee.erattt .1340.:iatiott, Iu%/ 11.E. 12:i111 Street', Ilo. Miami, Fia, 33161 ORDI &M tCE NO a $43120 AN EMERGENCY ORDINANG`E AMENDING SECTION 3-43 OP THE Cobt Off' THE CITY OF MIAMI RELATING TO NIGHT : GL't)BB! ENACTING A NEW SUB -PARAGRAPH 343 (h) ; PROVIDING THAT CURRENTLY ticEENSED 1I0HT CLUBS SHALL BE tkEMPTED FROM MINIMUM SPACE REQUIREMENTS OF SECTION 343(a) OF. THE CODE; PROVIDING EXCEPTIONS WHEN THE BUILDING IS CHANGED;, PROVIDING INCLUSION IN THE CODE; CONTAINING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI FLORIDA: Section 1. Section 3-43 of the, Code of the City Miami is hereby amended as followss • Sec. 3-43(a). Service of meals and refreshments 'required; minimum space requirements, It -shall. be,unlawful,tooperate'any nightclub in the city unless meals or refreshments are prepared and served on the premises in connec tion with• vaudeville, theatrical entertainment or dancing which,is also required. Space occupied by chairs and tables for service of meals to not less than two hundred persons shall.be set up,and maintained. Floor space of at least four hundred square feet shall be located in one unit and on the same floor and suitably prepared for dancing, free from tables, chairs or other obstruction, all of which shall be provided and maintained at'all times. Sec. 3-43(b) Any existing establishment, used and licensed as'a night club as of September 30, 1974, shall. be'ahlowed to maintain the'occupant content established and posted by the Fire Marshall not- withstanding the minimum°space requirements in 3-43(a). This'occupant content, pertaining to both meals and seating capacity,. shall prevail .until such time as the present structure is modified, altered•or repaired, at a cost in excess of'25% of the value' of the existing • structure.' If', during any twelve month period, the cost of alterations exceeds 25% of the'value of the building, then the licensee shall fulfill the minimum requirements of 200 persons as set, forth in section 3-43 (a) . Section 2. should ahy part, of provislohs of this ordinance be declared by.a cotirt of competent' j _ ine shall. riot affect ttrisdiction to be invalid, the ea me validity of the ordinance -as a whole, or any part. thereof, other than'.the part declared to be invalid. Section 3. It is the intention, of the city-. Commission, and it hereby ordained that the provisions of this ordinance, shall become and be made a part of the Code of the City of Miami,. Florida: that the sections of this ordinance may be renumbered or relettered to accomplish such intention: and that the word "ordinance" may be changed to "section", "article", or other appropriate word. Section 4. The provisions of this ordinanceshall become 'effective on PL{. _ /ica+iovi , 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 BY TITLE ONLY this day of /Vov.1 1974. MAYOR PREPARP. Ai3b APPROVEts Mikele Carter Assistant City Attorney APtROVEb AS. TO FORM AND .CORRECTt SS _„-"John S . Lloyd City Attorney Underscored words constitute the amendment proposed. Remaining provisions are now in effect, and remain unchanged.