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Home My WebLink AboutO-08138ORDINANCE NO. 8138 AN ORDINANCE AMENDING TIME CITY C0DL OF THE CITY OF MIAMI, SECTION 3-8, SUBSECTION (c) IN ITS ENTIRETY AND SUBSTITUTING THEREFO 2 A NEW SECTION 3-8, SUBSECTION (c) ; ELIMINATING DISCRIMINATION IN HOURS OF CLOSING ON SUNDAY BETWEEN RESTAURANTS OF OVER FOUR THOUSAND SQUARE FEET AND SEATING OF OVER TWO HUNDRED PEOPLE; REEPEALING ALL LAWS IN CONFLICT HERE- WITH; CONTAINING A SEVERABILI'rY PROVISION WHEREAS, at the present time there exists discrimination between the hours of closing on Sunday between restaurants of over four thousand square feet and seatin4 of over two hundred people and other restaurants; and WHEREAS, it is the intent of this Commission to eliminate this discrimination; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION GP THE CITY OF MIAMI, FLORIDA: Section 1. That Section 3-8, Subsection (c) of the Code of the City of Miami is hereby deleted in its entirety and a new subsection (c) is substituted therefor to read as follows: "(c) The above restrictions upon the 7:00 P.I•1. Sunday hours of closing and the sale of alcoholic beverages on Sunday beyond 7:00 P.M. shall not apply to sales to patrons by licensed hotels with fifty or more guest rooms where the bar -room 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 hotels and restaurants are duly licensed by the city for the sale of alcoholic 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 displayed to the outside at hours when other licensees are prohibited from selling beverages denoting that alcoholic beverages are obtainable in such hotel or resturant, 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 pro- vided further, that such hotels and restaurants shall not advertise in any way that intoxicating beverages are obtainable in such hotels and restaurants on Sunday." Section 2. All ordinances, code sections or parts thereof in conflict herewith, insofar as they are in con- flict, are hereby repealed. Section 3. 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 unconstitutional, invalid, inoperative part thereof, 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 25th day of January, 1973. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 8th day of February, 1973. DAV1D T. KENNt.DY MAYOR ATTEST: H.D. SOUTHERN CITY CLERK H. D. SO;JT fl N, r, of M,� -fj� �f . . i1 i' : r %.% ;•C. 1.; ' • City 1,1l1::}...�s cr. I A. .i City Clerk MIAMI REVIEW f AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADS Before the undersigned authority peraonatty ago peered Martha Drobnie, who on oath says that she is the Office Manager of the Miami Review and Daily Record, a datly (except Saturday, Sunday and Legat Holidays) newspaper, published at Miami In Dade County. Florida; that the attached copy of adver- tisement, being a Legal Advertisement or Notice In the matter of Mort i 011 of Or-li nance No. 8738 tie: ;'l iTt'_nat.inr li.scrini_nation In lioltrs t,f (:losing On Sundae- Between Staitrant s oe Over ‘''cnr Jquare rilet ails Seatin^ of over Two 'T11n lrrri People, Crr,p.�'.P.essaw..eseee.•..'. sweaeseew In the 7C-CC Court, was published in said newspaper in the issues of Irel,rnar', 11, 1.n73 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 news- paper 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 adverttrement; and afflant further says that she has neither paid nor promised any person. firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. t Sworn to and subscribed before me this 1 3t..c day of .' 0111'! tar: , A. D. 19 73 Janet Leo, Notary Public, State of Florida at Large. (SEAL) My Commission expires April 15. 1973. (fl'l' OF MIA:lfl', DADE (Ot'NTt. FLORIDA LEGAL NOTICE Ail Interested w171 take notice that on the Sth day of P'ehrttgry, 1973 the Commission of the.City of Miami. Florida adopted an ordinance entitled - Ail ORDI IANCE Ai Eirnrsc ' 'FEE •C1Tif CODE- OE THE CITY OF AMIAMI,: SECTION 6$ SL`$SECTION (c) IN ITS ENTIRETY AND ;StIBSTITUT- IN(i T1I1L;•t1)F'Ot A NEW SECTION . a-s, SItRSECTroN (c): ELIMINATING. D r S- 'CREWINATION IN HOLTRS OF 'LOSING ON S1?NDAY EE TWEE& RESTAURA-YT.S CF Qtr t irOUIt. TflO JSAND BQttAREI FEET A.ND , SEAT- 2NG OF` OVER TWO HUx- •DRED PEOPLE: REPEALING ALL LAWS IN CONFLICT HEREWITH, CONTAtNt,XG A SEVERAI3IL/TY PROVISION which Is designated Ordinance No. S13$ 14. D. SOUTHERN CITY CLERIC CITY OF MIAMI, FLORIDA Puh'hration t f thla notice nn the 13th day of Fehrunry. 1973. A.I. No. 20476 • ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF MIAMI, SECTION 3-8, SUBSECTION (c) IN ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION 3-8, SUBSECTION (c) ; ELIMIMATING DISCRIMINATION IN HOURS OF CLOSING ON SUNDAY BETWEEN RESTAURANTS OF OVER FOUR THOUSAND SQUARE FEET AND SEATING OF OVER TWO HUNDRED PEOPLE; REPEALING ALL LAWS IN CONFLICT HERE- WITH; CONTAINING A SEVERABILITY PROVISION. WHEREAS, at the present time there exists discrimination between - the hours of closing on Sunday between restaurants of over four thousand square feet and seating of over two hundred people;and- other restaurants; and; WHEREAS, it is the intent of this Commission to eliminate this discrimination; NOW, THEREFORE, BE IT ORDAINED BY THE COMMIISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Section 3-8, Subsection (c) of the Code of the City of Miami is hereby deleted in its entirety and a new subsection (c) is substituted therefor to read as follows: trim • CITY COMMISSION MEETING OF ' JAN 251973 tt (c)'t'h4. above restrictions upon the 7:00 P. M. Sunday hours )tours of closing and the sale of alcoholic beverages on Sun- day beyond 7:00 P. M. shall not apply to sales to patrons by li- censed hotels with fifty or more guest rooms where the bar- room or any room where alcoholic beverages are served does not open upon any public street pr sidewalk, and by licensed restaurants to persons who are being served food within the restaurant, which hotels and restaurants are duly •licensed by the city for the sale of alcoholic beverages to be consumed on the premises, and in which hotels and restaurants the sale • of alcoholic beverages is strictly incidental to the main busi- ness of operating the hotel or restaurant, and where there are no illuminated signs of any kind exhibited or displayed to the outside at hours when other licensees are prohibited from selling beverages denoting that alcoholic beverages are ob- tainable in such hotel or restaurant, 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 prem- ises; and provided further, that such hotels and restaurants shall not. advertise in :any way that intoxicating beverages uriJ ul,tUtuulblu HI Such hotels Lend restaue.mt.a t,u Sunday. 0 • oTALI; A CE riw. 2r.1 HEggiiG Section 2. All ordinances, code sections or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 3. 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 unconstitutional, invalid, inoperative part thereof, 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 January, 1973. PASSED AND ADOPTED on Second and Final Reading by Title 40 only this cT day of ;1:2, 1973. • /4/ ,a,9v,a 7: /ro,s,,seeele MAYOR CITY CLERK PREPARED AND REVIEWED BY: ��> i , .f 7 ,./1'; ,, .,-,,= t:..--:7_ --Z._ _---' R. UARRIb TURNER, Asst. City Atty. r /% , .sl (J,„ /./(T APPROV4 D�AS TO .FORM ,A _ 7/77,I/ ,.., ____ � i ALAN H. ROTIiSTEIN City Attorney