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HomeMy WebLinkAboutItem #46 - Discussion ItemMA/ab 11/8/73 ORDINANCE NO AN ORDINANCE AMENDING SECTION 3-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "HOURS DURING WHICH SALES PROHIBITED; SUNDAY SALES" FOR THE PURPOSE OF CHANGING THE HOURS OF SALE OF ALCOHOLIC BEVERAGES,FOR BARS. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Section 3-8 of the Code of the City of Miami, entitled "Hours during which sales prohibited; Sunday sales" is hereby amended to read as follows: Sec. 3-8 Hours during which sales prohibited; Sunday sales. (a) No distributor or vendor of alcoholic beverages or any em- ployee thereof, on the licensed premises, shall sell, serve, offer to sell, allow to be con- sumed or deliver any alcoholic beverages to any person on weekdays or on Saturdays be- tween 3:00 A.M. and 7:00 A.M., or on Sundays between 3:00 A.M. and 1:00 P.M. (b) No vendor licensed to sell intoxicating beverages shall sell, offer to sell, serve or deliver any intoxicating bever- ages by the package or sealed container to any person on weekdays between 8:00 P.M. and 7:00 A.M. on the following day, and on Sundays the sale, serving, offering to sell, allowing to be consumed or delivering shall be prohibited; provided, that beer, ale and wine may be sold for con- sumption off the premises after 8•00 P.M. and until 1:00 A.1q. the following morn- ing on weekdays and that only beer and aCnay be sold be- tween the hours of 1:00 P.M. and 7:00 P.M. on Sundays. (c) The above restrictions upon the 7:00 P.M. 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 barroom or any room where al- coholic 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 dis- played to the outside at hours when other licensees are pro- hibited from selling beverages denoting that alcoholic bever- ages are obtainable in such hotel or restaurant, and which restaurants shall maintain a space of at least four thousand square feet occupied and ex- clusively devoted to the use of seating customers 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. -2- (d) Night clubs licensed by the city shall be governed by the restrictions herein- above set forth; except,that no night club or owner, operator or employee thereof shall admit customers to its premises, nor sell, serve, offter 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 alcoholic beverages is pro- hibited herein. The sale of alcoholic beverages by night clubs, restaurants and hotels, by either the package or sealed container, 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; ex- cept, 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 during the hours that the sale is pro- hibited by other licensees. -3-- �:._ �. (f) The hours of closing set forth above shall not apply to New Year's Eve, nor shall these restrictions apply to private residences, unless licensed to serve or to sell alcoholic bev- erages. Private clubs shall not, however, be excepted from these restrictions. (Code 1957, § 4-7; Ord. No. 6529, § 1; Ord. No. 6707, § § 1,2; Ord. No. 7072, § 1; Ord. No. 7207, § 1; Ord. No. 7372, § 1.) 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 de- clared 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 AND ADOPTED BY TITLE ONLY this day of ,1973. Attest; City Clerk -4- M A Y O R PREPARED AND APPROVED BY: John S. Lloyd Assistant Director of Law APPROVED AS TO FORM AND CORRECTNESS: Alan H. Rothstein City Attorney