R-0768-84 RESOLUTION NO. 768-84
A RESOLUTION OF THE COUNCIL OF MIAMI SHORES
VILLAGE SEEKING THE SUPPORT OF DADE COUNTY
FOR LEGISLATION ALLOWING MUNICIPALITIES TO
REGULATE THE SALE OF MALT BEVERAGES THROUGH
THE PROVISIONS OF ZONING ORDINANCES.
WHEREAS, Miami Shores Village wishes to be able to exercise
its zoning power over the sale of malt beverages contrary to the pro-
visions of Section 563.02(1)(a) , Florida Statutes , (1983); and
WHEREAS, Miami Shores Village has been advised that the City of
Venice, Florida, was able to secure the passage of a special act of the
Legislature to extend such power to that city; and
WHEREAS, Article VIII , Section 6(e) Note 3, of the Constitution
of the State of Florida, provides in paragraph 9 thereof that the power
of the Legislature in Dade County extends only to the enactment of general
laws and not special acts; and
WHEREAS, the same provision of the Constitution of the State of
Florida provides that Dade County has the power, pursuant to its Home Rule
Charter, to regulate such provisions; and
WHEREAS, Miami Shores Village has determined that it is in the best
interests of the health and safety of its citizens that the Village be
permitted to regulate the sale of malt beverages including, but not limited,
their sale and proximity to the sale of fuel for motor vehicles;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, the Council of
Miami Shores Village hereby requests that Dade County provide its support
and assistance in seeking legislation to allow Miami Shores Village and
all municipalities throughout the State to regulate the sale of malt beverages
through zoning laws contrary to the provisions of Section 563.02(1)(a) , Fla.
Statutes (1983).
PASSED AND ADOPTED this 7th day of February, 1984.
Kevin O'Connor
ATTEST: Mayor
Village Clerk