HomeMy WebLinkAboutO-08146ORDINANCE NO. 8146
AN ORDINANCE AMENDING SECTION 3-47
OF THE MIAMI CITY CODE BY DELETING
SECTION 3-47 IN ITS ENTIRETY AND
ENACTING A NEW SECTION 3-47 WHICH
PROVIDES FOR A HEARING BEFORE THE
CITY MANAGER INSTEAD OF THE CITY
COMMISSION FOR HOLDERS OF A NIGHT
CLUB LICENSE WHO HAVE BEEN REFUSED
RENEWAL; AND MAKING ANY ACTION TAKEN
BY THE CITY MANAGER UNDER SUCH
PROVISION FINAL; AND BY REPEALING ALL
LAWS IN CONFLICT HEREWITH.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. Section 3-47 of the Miami City Code
is amended by deleting Section 3-47 in its entirety and a
new Section 3-47 is enacted to read as follows:
Sec. 3-47. Refusal of renewal, etc.,
of license for certain con-
victions during preceding
licensing year.
No night club license shall be issued,
reissued or renewed at the start of a new
licensing year at the location of any
previously licensed night club when the
holder or any managing agent or employee
of the holder of a night club license at
such location has been convicted of a
violation of this chapter, section 4-6 or
the alcoholic beverage laws of the state
during the city license year immediately
preceding such new licensing year.
A designation of the conviction relied
upon by the city under the foregoing para-
graph may be obtained at or before the
start of the licensing year or prior to the
date such license is sought by request made
to the office of the city manager.
Any holder or former holder of, or applicant
for, a night club license subject to the
foregoing provision may request and obtain
a hearing before the city manager, as a
result of which hearing the city manager may
authorize or deny the issuance, reissuance
or renewal of a night club license to such
holder, former holder or applicant after
hearing such evidence as may be presented
concerning the previous and the proposed
operation of such night club. The action
of the City Manager authorizing or
denying the issuance, reissuance, or
renewal of a night club license after said
hearing shall be final. The request for
a hearing must be received by the city
manager within thirty (30) days after
the start of the new license year unless
another time for such hearing is set by the
city manager. A holder of a night Club
license for the year preceding the new
license year, sub:ect to the provisions of
this section, shall not be considered to
be operating without a current night club
license, solely due to the provisions of
this section, pending the hearing before
the city manager.
Section 2. That all laws, or parts of laws,
in conflict herewith, be and the same are hereby
repealed.
Section 3. It is declared to be the legislative
intent of this body that if any section,subsection,
sentence, phrase or provision of this Ordinance is
held invalid, the remainder of the Ordinance shall
not be affected.
PASSED ON First Reading by title only this 22nd
day of February ,1973.
PASSED AND ADOPTED on second and final reading
by title only this 8thday of March ,1973.
DAVID T KENNEDY
MAYOR
Attest:
H D SOUTHERN
City Clerk
fi. D. $OtrriirRN, C7erk of the
her'i?b;- c .,,
A. D. 1?, --) ... 1.' ,
Door o . ; ::e
provided VOr
said CO'.'?to
City thi;;
•
f ?.'i'Tm
.. , t. c: - c'i t:•n
MiAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally ep.
peered Martha Drobnle, who on oath says that she
I3 the Office Manager of the Miami 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 adver•
tisement, being a Legal Advertisement or Notice In
the matter of Adoption of Ordinance No, 8146
Re: Deleting Section 3-47 in its entirety
of the Miami City Code, etc,
XXX
In the XICK Court,
was published in said newspaper in the issues of
March 13, 1973
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 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 securing this advertisement
for publication in the said newspaper.
4...CL.. :L C.. Ls.
Sworn to and subscribed before me this ....t1�
day of
larch
, A.D. 19 73
Janet Leo,
Notary Public, State of Florida at Large.
(SEAL)
My Commission expires April 15, 1973.
CITY OF MIAMI
DADE: ('Ot'NTY, FLORMA
I.F.OAI, -VOTtCF.
A:I interested will take notice
that on tin: Sth day of MInrch,
1973 the C^mmissi m of the City
nt Miami. F!'itda adopted an
ordinance entitled -
AN ORDI\:ONCE AMENDING
SECTION :-47 OF TIIE MI-
AMI CITY CODE BY DELET-
ING .SECTION 3-47 IN ITS
ENTIRETY AND ENACTING
A NEW SECTION 3-97 WHICH
PROVIDES FOR A HEARING
BEFORE. TIIE CITY MAN-
AGER INSTEAD OF TIIE
CITY COMMISSION FOR
fiCJLDEP.S OF A NiGHT
CLUB LICENNSE 1\14O HAVE
SEEN REFI'SED RENEWAL;
AND MAKING ANY ACTION
TAKEN BY THE CITY MAN-
AGER UNDER SUCH PRO-
VISION FiN YL: AND BY RE-
PEALING ALL IJ4\('S ICI
CONFLICT HEREWITH
,thlen. is designated Ordlnnnce
No. S1116.
II D EOL'TIIERN
CITY OF MIAMI.
FLORIDA
Pn1)!:cntl,n null' -a r,
the 13th rinv of NI[n•rh. 1973.
Ad No. '',07-13
RHT/cc
2/1/73
ORDINANCE NO. F/
AN ORDINANCE AMENDING SECTION 3-47
OF THE MIAMI CITY CODE BY DELETING
SECTION 3-47 IN ITS ENTIRETY AND
ENACTING A NEW SECTION 3-47 WHICH
PROVIDES FOR A HEARING BEFORE THE
CITY MANAGER INSTEAD OF THE CITY
COMMISSION FOR HOLDERS OF A NIGHT
CLUB LICENSE WHO HAVE BEEN REFUSED
RENEWAL; AND MAKING ANY ACTION TAKEN
BY THE CITY MANAGER UNDER SUCH
PROVISION FINAL; AND BY REPEALING ALL
LAWS IN CONFLICT HEREWITH.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. Section 3-47 of the Miami City Code
is amended by deleting Section 3-47 in its entirety and a
new Section 3-47 is enacted to read as follows:
Sec.
3-47. Pefusal of renewal, etc.,
of license for certain con-
victions during preceding
licensing year.
No night club license shall be issued,
reissued or renewed at the start of a new
licensing year at the location of any
previously licensed night club when the
holder or any managing agent or employee
of the holder of a night club license at
such location has been convicted of a
violation of this chapter, section 4-6 or
the alcoholic beverage laws of the state
during the city license year immediately
preceding such new licensing year.
A designation of the conviction relied
upon by the city under the foregoing para-
graph may be obtained at or before the
start of the licensing year or prior to the
date such license is sought by request made
to the office of the city manager.
Any holder or former holder of, or applicant
for, a night club license subject to the
foregoing provision may request and obtain
a hearing before the city manager, as a
result of which hearing the city manager may
authorize or deny the issuance, reissuance
or renewal of a night club license to such
holder, former holder or applicant after
hearing such evidence as may be presented
concerning the previous and the proposed
operation of such night club. The action
of the City Manager authorizing or
denying the issuance, reissuance, or
renewal of a nig;:t club license after said
hearing shall be final. The request for
ti
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MIA — 9197:3
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a hearing must be received by the city
manager within thirty (30) days after
the start of the new license year unless
another time for such hearing is set by the
city manager. A holder of a night club
license for the year preceding the new
license year, subject to the provisions of
this section, shall not be considered to
be operating without a current night club
license, solely due to the provisions of
this section, pending the hearing before
the city manager.
Section 2. That all laws, or parts of laws,
in conflict herewith, be and the same are hereby
repealed.
Section 3. It is declared to be the legislative
intent of this body that if any section,subsection,
sentence, phrase or provision of this Ordinance is
held invalid, the remainder of the Ordinance shall
not be affected.
PASSED ON First Reading by title only this
day of :072y,19 7 3 .
2
PASSED AND AND ADOPTED on second and final reading
by title only this day of 49747424.40441973.
PREPARED AND APPROVED BY:
oacilro 7...•M94'YEO,
MAYOR
Atteh :,.r 0
,„7----/,_ ,, __________
City,4>(..,(2,.....A„...--_____,;_e.,,f,:::::-.v.....„,,......„
qerk
Assistant City Attorney
REVIEWED BY:
John S. Lloyd'
Assistant Directoii,'of Law
APPROVED AS TO FOW1:ANDCORRECTNESS:
Alan H. Rothstein
City Attorney
ORDII'JANCE NO.
8146
AN ORDINANCE AMENDING SECTION 3-47
OF THE MIAMI CITY CODE BY DELETING
SECTION 3-47 IN ITS ENTIRETY AND
ENACTING A NEW SECTION 3-47 WHICH
PROVIDES FOR A HEARING BEFORE THE
CITY MANAGER INSTEAD OF THE CITY
COMMISSION FOR HOLDERS OF A NIGHT
CLUB LICENSE WHO HAVE BEEN REFUSED
RENEWAL; AND MAKING ANY ACTION TAKEN
BY THE CITY MANAGER UNDER SUCH
PROVISION FINAL; AND BY REPEALING ALL
LAWS IN CONFLICT HEREWITH.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. Section 3-47 of the Miami City Code
is amended by deleting Section 3-47 in its entirety and a
new Section 3-47 is enacted to read as follows:
Sec. 3-47. Refusal of renewal, etc.,
of license for certain con-
victions during preceding
licensing year.
No night club license shall be issued,
reissued or renewed at the start of a new
licensing year at the location of any
previously licensed night club when the
holder or any managing agent or employee
of the holder of a night club license at
such location has been convicted of a
violation of this chapter, section 4-6 or
the alcoholic beverage laws of the state
during the city license year immediately
preceding such new licensing year.
A designation of the conviction relied
upon by the city under the foregoing para-
graph may be obtained at or before the
start of the licensing year or prior to the
date such license is sought by request made
to the office of the city manager.
Any holder or former holder of, or applicant
for, a night clu5 license subject to the
foregoing provision may request and obtain
a hearing before the city manager, as a
result of which hearing the city manager may
authorize or deny the issuance, reissuance
or renewal of a night club license to such
holder, former holder or applicant after
hearing such evidence as may be presented
concerning the previous and the proposed
operation of such night club. The action
of the City Manager authorizing or
denying the issuance, reissuance, or
renewal of a night club license after said
hearing shall be final, The request for
-1-
a hearing must be received by the city
manager within thirty (30) days after
the start of the new license year unless
another time for such hearing is set by the
city manager. A holder of a night club
license for the year preceding the new
license year, subject to the provisions of
this section, shall not be considered to
be operating without a current night club
license, solely due to the provisions of
this section, pending the hearing before
the city manager.
Section 2. That all laws, or parts of laws,
in conflict herewith, be and the same are hereby
repealed.
Section 3. It is declared to be the legislative
intent of this body that if any section, subsection,
sentence, phrase or provision of this Ordinance is
held invalid, the remainder of the Ordinance shall
not be affected.
PASSED ON First Reading by title only this 22nd
day of February ,1973.
PASSED AND ADOPTED on second and final reading
by title only this 8th day of :arch ,1973.
DAVID T KENNEDY
MAYO It
Attest:
H D SOUTHERN
City Clerk