O-137-45 ORDINANCE NO. 1 .5 :Z
AN ORDINANCE AMENDING ORDINANCE NO. 13-2 ENTITLED "AN
ORDINANCE DEFINING CERTAIN TERMS AS SET FORTH HEREIN;
PROVIDING FOR THE FILING OF AN APPLICATION BY ALL PER-
SONS3 ,FIRMS OR CORPORATIONSt HANDLING INTOXICATING
LIQUORS BEFORE THE ISSUANCE OF A LICENSE; PROVIDING
WHEN LICENSES SHALL ISSUES UNDER WHAT TERMS AND CONDI_
TIONS,, AND WHEN SAME ,SHALL EXPIRE; PROVIDING FOR FIXING
LICENSES AND DEFINING THE FEES TO BE PAID; PROVIDING
FOR A LIMITATION OF THE NUMBER OF LICENSES TO BE ISSUED
ACCORDING TO POPULATION OF MIAMI SHORES VILLAGE; PRO-
VIDING THE DISTANCE WITHIN WHICH PLACES OF BUSINESS MAY
NOT BE LICENSEDp AND A METHOD OF MEASUREMENT TO DETERMINE
SUCH DISTANCE; PROVIDING THAT NO LICENSE SHALL BE TRANS-
FERABLE EXCEPT AZ PROVIDED HEREIN; MAKING IT UNLAWFUL TO
SELL INTOXICATING LIQUORS TO CERTAIN PERSONS; FIXING
CERTAIN HOURS WHEN INTOXICATING LIQUORS MAY NOT BE SOLD;
PROVIDING FOR CERTAIN RESTRICTIONS AND REGULATIONS ON
THE PRMISES M-ME INTOXICATING LIQUORS ARE SOLD AND
OFFERED FOR SALE; PROVIDING FOR REVOCATION OF LICENSES
AND UPON REVOCATION THE PROHIBITION AGAINST THE LICENSEE,
AND ITS OFFICERS AND M EMB ERS 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
PMULATIONS; and DECLARING THIS ORDINANCE To BE AN MMEGENCY
MEASURE" BY REPEALING SECTIONS NUMBERED 6 AND 7 OF SAID
ORDINANCE AND AMENDING SECTION NUMBER 8 THEREOF PROVIDING
THE DISTANCE WITHIN WHICH PLACES OF BUSINESS MAY NOT BE
LICENSED AND A METHOD OF MEASUREMENT TO DETERMINE SUCH
DISTANCE.
W MEAS., the Supreme Court of Florida has held in the case of William
D. Singer, et al., vs. E. W. Scarborough., as Director of the State Beverage
Department, and the Circuit Court of Dade County, Florida has held in the case
of Paul. Kichinko vs. City of Miami that a municipality cannot regulate the
number of licensed liquor establishments -within its corporate limits,, which
decision in effect invalidates Sections numbered 6 and 7 of Ordinance No. 112
of Miami Shores Village,,
NOW THEREFORE., BE IT ORDAINED BY MIAMI SHORES VILLAGE:
SECTION 1. That Sections numbered 6 and 7 of Ordinance No. 112'of
Miami Shores Village be and the same are hereby each repealed.
SECTION 2. That Section number 8 of said Ordinance No. 112 of Miami
Shores Village be and the same is hereby amended so as to read as follows:
"SECTION 8. From and after the passage of this Ordinance no
liquor license of any Idnd whatsoever ,for the sale of liquor shall be
issued to any person,, firm or corporation,, where the place of business
designated in the applicat
ion therefor is within 500 feet of the place
of business where a liquor license of any kind whatsoever for the sale
of liquor has previously been issued and is in force and effect., and the
method of measurement that shall be applied to detenaine whether or not
the place of business of an applicant for a liqaor license of any kind
whatsoever is within, or without 500 feet from a place of business where
a liquor license of any kind whatsoever for the sale of liquor has pre-
viously been issued and is in full force and effect,, shall be by measure-
ment made by airline from the main front entrance of the one to the main
front entrance of the other."
SECTION 3. This Ordinance shall become effective immediately
upon its passage.
RMULARLY PASSED AND ADOPTED this 1,5— ZA� day of January,,
A. D.0 1945.
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