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O-112-41 ORDINANCE NO. 112. AN ORDINANCE DEFINING CERTAIN TERMS AS SET FORTH HEREIN; PROVIDING FOR THE FILING OF AN APPLICATION BY ALL PERSONS., FIRMS OR CORPORATIONS., HANDLING INTOXICATING LIQUORS BE- FORE THE ISSUANCE OF A LICENSE; PROVIDING WHEN LICENSES SHALL ISSUE., UNDER WHAT TERMS AND CONDITIONSP AND WHEN SAME SHALL EXPIRE; PROVIDING FOR FIXING LICENSES AND DE- FINING THE FEES TO BE PAID; PROVIDING FOR A LIMITATION OF THE NUMBER OF LICENSES TO BE ISSUED ACCORDING TO POPU- LATION OF MIAMI SHORES VILLAGE; PROVIDING THE DISTANCE WITHIN WHICH PLACES OF BUSINESS MAY-NOT BE LICENSED, AND A METHOD OF MEASUREMENT TO DETERMINE SUCH DISTANCE; PRO- VIDING THAT NO LICENSE SHALL BE TRANSFERABLE EXCEPT AS PROVIDED HEREIN; MING IT UNLAWFUL TO SELL INTOXICATING LIQUORS TO CERTAIN PERSONS; FIXING CERTAIN HOURS WHEN IN- TOXICATING LIQUORS MAY NOT BE SOLD; PROVIDING FOR CERTAIN RESTRICTIONS AND REGULATIONS ON THE PREM SES WHERE INTOXI- CATING LIQUORS ARE SOLD AND OFFERED FOR SALE; PROVIDING FOR REVOCATION OF LICENSES AND UPON REVOCATION THE PROHIBI- TION AGAINST THE LICENSEE.* AND ITS OFFICERS AM MEMBERS FROM ENGAGING IN THE SALE OF INTOXICATING LIQUORS FOR A PERIOD OF TWO YEARS; GENERALLY PROVIDING FOR RESTRICTIONS UPON AND REGULATION OF VENDORS OF ALCOHOLIC BEVERAGES; PRESCRIBING PENALTIES AND OTHER REGULATIONS; and DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. WHEREAS, Miami Shores Village is authorized by law and charter to regulate the sale of intoxicating liquors and alcoholic beverages, and WHEREAS, the public interest requires proper control,, supervision, regulation and strict enforcement, of the lawss regulations and ordinances pertaining to the possession, distribution and sale of intoxicating liquors and alcoholic beverages., and Mugms., the Circuit Court of Dade County., Florida,, has issued its peremptory writ of mandamus requiring Miami Shores Village, forthwith and without delay, to issue a license, as provided for under the laws of the State of Florida., that will enable the licensee to operate in Miami Shores Village, what is commonly known as a retail liquor package store. NOW THEREFORE,, BE IT ORDAINED BY MIAMI SHORES VILLAGE: SECTION 1. That the term I'Vendortt, as used in this Ordinance., shall include all persons3 association of persons, or corporations, operat- ing places of business where alcoholic beverages are sold at retail only in sealed containers for consumption off the premises where sold. -1- SECTION 2. That from and after the date that this Ordinance be- comes effective no person,, association of persons, or corporations, shall engage in,, manage, or cause to be operated, the business of a Vendor,, as herein defined,, without first procuring a Village license thereforl as pro- vided herein, and paying the amounts hereinafter fixed and required by this Ordinance. In applying for such license the applicant shall file an appli- cation under oath, in duplicate, with the Village Manager stating whether or not applicant is a bona fide resident of Florida,, his occupation and place of business, together with the name of the officers or members of the firm, or individuals., engaged in such business; and the applicant for such license shall give the names of five business or professional men in Dade County, Florida, as reference, who may be called upon by the Village, should it deem same advisable., for information as to the character, business integrity, and past history of the person, firm or corporation, applying for a license under the terms and conditions of this Ordinance. SECTION 3. Licenses shall expire on the 30th day of September of each year., and shall be issued for a period of one year, except as herein- after provided, and the license fee required to be paid shall be paid on or before the lst day of October, provided that any person beginning business after the 30th day of September may obtain a license upon the payment of the annual license fee, and such license sha-11 expire on the 30th day of the suc- ceeding September; provided, further, that any person beginning such business on or after the first of April of any year may obtain a license expiring on the 30th of September of the same year by paying one-half of the license fee herein required for the annual license; provided, further., that a Vendor may, at any time, obtain a license for the period of six months from the date of the license upon payment of two-thirds of the annual license fee herein required. SECTION 4. There shall be no exception from license fees herein provided by any person, association of persons, or corporations, any other law to the contrary notwithstanding. -2- SECTION 5. No person, association of persons, or' corporations, shall engage in, or manage,, carry on or conduct., the business of a Vendor,, without first obtaining a separate license for each location in the Village, and the amount of such. annual license fee is hereby fixed at t,,)562-50. SECTION 6. From and after the passage of this Ordinance no license for the sale of intoxicating liquor, to be consumed off the premises, shall be issued to any person, firm or corporation., as applicant therefor., in excess of one license for each 1900 persons, or fractional part thereof, within Miami Shores Village, according to the last state or federal census, "Y and in no event shall the number of such licenses issued by Miami Shores Village exceed one license for each 1900 persons., or fractional part thereof, -within Miami Shores Village, according to the latest state or federal census. SECTION 7. From and after the passage of this Ordinance no liquor license of any kind whatsoever' for the sale of intoxicating liquor, to be consumed on the premises, shall be issued to any person,, firm or corporation, as applicant therefor, in excess of one license for each 1900 persons, or 4� fractional part thereof, within Miami Shores Village, accordingft—othe last state or federal census,, and in no event shall the number of such licenses issued by Miami Shores Village exceed one license for each 1900 persons,, or fractional part thereof, within Miami Shores Village, according to the latest state or federal census. SECTION 8. From and after the passage of this Ordinance no liquor license of any kind whatsoever for the sale of liquor shall be issued to any person, firm or corporation, where the place of business designated in the application therefor is within 650 feet of the place of business where a liquor license of any kind whatsoever for the sale of liquor has previously been iss,u- ed and is in force and effect, and the method of measurement that shall be applied to determine whether or not the place of business of an applicant for a liquor license of any kind whatsoever is within or without 650 feet from a place of business where a liquor license of any kind whatsoever for the sale of liquor has previously been issued and is in full force and effect, shall be by measurement made by airline from the main front entrance of the one to the main front entrance of the other. -3- SECTION 9. No liquor or other alcoholic beverages, of any kind or nature,, including wines., beers., liquors and ales, shall be sold at any gasoline filling station,, or on its premises. SECTION 10. The sale of liquors and wines from trucks and other conveyances is hereby prohibited. SECTION 11 . No liquor or alcoholic beverages shall be sold by any person., firm or corporation, holding a license under this Ordinance., where the container thereof does not have and bear stamps.,marks, and labels, re- quired by the laws of the United States, or the State of Florida, relating to alcoholic beverages. SECTION 12. No intoxicating beverages shall be sold to persons in automobiles., and all curb service of intoxicating beverages is hereby pro- hibited. SECTION 13. Persons to whom alcoholic beverages or liquors may not be sold:- I,--�(a) To any persons less than twenty-one year of age, actually N�®r apparently, (b) To any person who is intoxicated, or to any person who is known to be an habitual drunkard, (c) To arw Patient under the supervision or control of any State Hospital., whether such patient be on furlough or otherwise. SECTION 14. No license issued under the provisions of this Ordinance shall be transferable, except when a licensee shall have made a bona fide sale of the business for which he is so licensed to conduct, he may obtain a trans- fer of said license to the purchaser of said business, provided the purchaser shall prove to the satisfaction of the Village Manager that the purchaser possesses all of the qualifications required of the person to whom the license has been issued. SECTION 15. No licensee under this Ordinance shall, in any room or premises, or in any room or other enclosure or premises, directly or indirectly connected thereto., or through any stairway, hallway, doorway or other means of ingress or egress, operate,, conduct or permit a person to operate or con- duct a game of skill or chance, or slot machine, or other coin operated de- vice that may be played for money or thing of value, or to make any race track books, or to publich or circulate information relative to race track books. SECTION 16. No licensee shall permit the premises licensed under this Ordinance to be used for any immoral, improper or criminal purposes, neither shall he permit persons of known immoral, improper or criminal habits to frequent, loiter or assemble on the premises,, or in the entrance thereto. SECTION 17. No vendor, as defined herein, shall sell, offer to sell, allow to be consun'ed, or deliver, any intoxicating liquors or alcoholic bever- ages to any person, firm or corporation:- (a) On week days between 12:00 o'clock A.M. and 7:30 o1clock4-f— A.M1 . (b) On Sundays between 12:00 o'clock A.M. and midnight, (c) On any day of a general, special or primary election as defined by the laws of the State of Florida, or the charter or Ordinance of Miami Shores Village, during the hours when the polls are open, SECTION 18. No liquor shall be kept or possepsed in or upon any premises at any time for sale at retail., where no license to sell liquor has been issued hereunder to such place of business. , SECTION 19. No liquor shall knowingly be sold to any person brought before any court and charged with non-support, of wife, family or other depend- ents. SECTION 20. No minor shall be employed by any Vendor at the licens- ed promises. SECTION 21. No licensed Vendor shall permit or allow on his prem- ises where liquors are sold:- -5- (a) Any screen, blind, curtain, partition, article or thing, in the w1ndows., or upon the doors, which shall prevent a clear view into the interior of such licensed premises from the sidewalk at all times. (b) Any booth, screen, partition., or any obstructions which prevent a full view of the entire room by every person present therein. (c) Any opening or means of entrance., or passageway, for per- sons or things between the licensed premises and any adjoining or abutting premises. All glass in any window or door on said licensed premises shall be clear and shall not be opaque, colored, stained or frosted. SECTION 22. No license shall be issued under the terms of this Ordinance to any person convicted of a felony. SECTION 23. No licensed Vendor hereunder shall accept, directly or indirectly., any gift or loan of money or property,, of any description, or any rebate, from a manufacturer or distributor; provided, however, that the extension of reasonable credit in the usual course of trade, or the giving of trade discounts, in the ordinary course of business, shall be. exempted from the prohibition of this section. SECTION 21+. Each and every violation of the laws of the State of Florida relating to the sale of alcoholic beverages by a Vendor,, as herein defined, is hereby specifically made a violation of this Ordinance, with the same force and effect as if the provisions of said laws were fully set forth herein. SECTION 25. No person, firm or corporation, whose license to sell alcoholic beverages has been revoked by Miami Shores Village, or by the State of Florida', ,or by any governmental authority., shall be entitled to obtain any license hereunder for a,period of two years from the date of such revocation., and no corporation or firm shall be entitled to obtain a license hereunder when any officer, director or stockholder, or any member of any firm, is a person whose license has been revoked by Miami Shores Village, the State of Florida, or any governmental authority- ., within two years prior to the appli- cation of such firm or corporation for a license under this Ordinance; and -6- no person whose I J cense to sel I alcoholic beverage has been revoked by Miami Shores Village., the State of Florida, or any governmental authority, and no officer, director, stockholder, or other member of any firm. or corporation, whose license has been revoked by Miami Shores Village., the State of Florida., or any other governmental authority, may be employed in or about any place of business licensed under this Ordinance for a period of two years from the date of the revocation of such license. SECTION 26. It shall be unlawful for any intoxicated person to loiter in and about the premises used and occupied by any licensee hereunder. SECTION*27. No Vendor licensed hereunder shall knowingly furnish or provide any set-ups, glasses, or other service, to any person for the pur- pose of consuming liquor, in, at or upon the licensed premises. SECTION 28. No Vendor licensed hereunder shall directly or indir- ectly commit or assist -in the commission of any unlawful act upon any licens- ed premises. SECTION 29. Any person or persons, firm or corporation, or any agent, servant or employee, of any licensee hereunder, violating the provi- sions of this Ordinance,, shall., upon conviction, be punished by a fine not exceeding $500-00, or by imprisonment at hard labor on the streets or other works of the Village, or elsewhere, for a term of not exceeding sixty days., or both such fine and imprisonment,, In the discretion of the municipal judge, and in addition thereto, the municipal judge may revoke any license issued hereunder. Upon conviction of any person or persons, firm or corporation, or any member of any fim or corporation,, and upon showing that any such person or persons, firm or corporation,,, has been convicted upon two or more previous occasions within three years next immediately preceding such convic- tion of a violation of this Ordinance, or the beverage laws of the State of Florida, either or both, then in all such instances it shall be mandatory- upon the municipal judge to revoke all licenses issued to such person, firm or corporation, under this Ordinance. In addition to the other penalties provided herein, upon a showing before the municipal judge that the agents, servants or employees., of any licensee hereunder, while in the licensee's -7- employ., have been convicted three times of the violation of this Ordinance within three years., then, at the discretion of such municipal judge, he may revoke all licenses issued hereunder to such licensee. SECTION 30. Nothing herein contained shall be taken as repealing any of the Ordinances of Miami Shores Village relating to zoning,, or to the regulation of businesses engaged in the selling of alcoholic beverages, or the locations of such places of business, it being intended hereby not to repeal any of such ordinances except wherein those ordinances may include conflicting provisions relating to regulatory subjects not necessarily in- cident to location or use. SECTION 31. In the event any section, sub-section, sentence, clause or phrase, of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections., sub-sections, sentences, clauses or phrases of this Ordinance., which shall be and remain in full force and effect as if the section., sub-section., sentence., clauses or phrases,, so declared or adjudged invalid, or unconstitu- tional,, was not originally a part hereof. SECTION 32. This Ordinance is hereby declared to be an emergency measure upon the ground of urgent public need for the preservation of the health,, safety, morals, welfare and property of the people of Miami Shores Village.. SECTION 33. This Ordinance shall become effective immediately upon its passage. REGULARLY PASSED AND ADOPTED this 9th day of December., A.D. 1941. ,,4ayvo o - __ - ,- I J1, viflag-e-Lanager �Kd Clerk