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O-626-00 ORDINANCE NO. 626=00 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 4, SECTION 4-3, OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, REGULATING BOTTLE CLUBS WITHIN MIAMI SHORES VILLAGE TO THE SAME EXTENT AS OTHER LIQUOR LICENSEES, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the provisions contained in Chapter 4 of the Village Code of Ordinances, do not explicitly address bottle clubs as defined in Florida Statutes §561.01(15); and WHEREAS,The Village has the authority to regulate the hours of business,location and to pass"sanitary regulations"of any licensee under the Beverage Laws; and WHEREAS,It is in the best interest of the Village to regulate bottle clubs in Miami Shores Village to the same extent as all other licensees under the Beverage Laws; NOW,THEREFORE,BE IT ORDAINED by the Village Council of Miami Shores Village, Florida,: Section 1. That the Code of Ordinances, Miami Shores Village, Florida, is hereby amended by adding Section 4-3 which said section shall read as follows: Bottle Clubs:Bottle Clubs,as defined in Florida Statute §561.01(15),as it may be amended from time to time,shall for purposes of this chapter be considered the equivalent of an establishment engaged in the sale of spirituous, vinous or malt liquor for consumption on the premises where dispensed, and shall be subject to the restrictions and regulations set forth in Sections 4-1,4-2 and 4-4 of the Code of Ordinances. Section 2. All ordinances or parts of ordinances in conflict herewith or inconsistent herewith are hereby repealed,but only insofar as such ordinances may be inconsistent or in conflict with the Ordinance. Section 3. If any section,sentence,cause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,then said holding shall in no way effect the validity of the remaining portions of this Ordinance, which shall be deemed to be severable therefrom. Section 4. This Ordinance shall become effective immediately upon its adoption on second reading. PASSED ON FIRST READING,this 17th day of October ,2000. PASSED AND ADOPTED ON SECOND READING,this 7th day of November 2000. Mark S. Ulmer,Mayor ATTEST: yoox Lux- Barbara A. Fugazzi, Village Clerk APPROVED AS TO FORM: v Richard Sarafan Village Attorney HAHOME\VS\bottleclubOrd.wpd