HomeMy WebLinkAboutO-1965-474 ORDINANCE NO. 414
AN ORDINANCE REPEALING ALL EXISTING
ORDINANCES OF CITY OF DANIA, FLORIDA,
WHICH PROVIDE FOR A SEPARATE ZONING
CLASSIFICATION OR LICENSE CLASSIFICATION
FOR NIGHT CLUBS TO THE EXTENT THAT SUCH
ORDINANCES PURPORT TO ALLOW SO CALLED
NIGHT CLUBS TO SELL ALCOHOLIC BEVERAGES
AT HOURS LATER THAN OTHERS; AND AMEND-
ING SECTION 17-29, CODE OF ORDINANCES,
CITY OF DANIA, FLORIDA, BY ADDING AN
ADDITIONAL PARAGRAPH TO PROVIDE THAT
ALL VENDORS HOLDING BEVERAGE LICENSES
WHICH PERMIT THE SALE OF BEVERAGES OF
ANY ALCOHOLIC CONTENT FOR CONSUMPTION
ON PREMISES OR HOLDING SPECIAL HOTEL OR
RESTAURANT BEVERAGE LICENSES MAY RE-
MAIN OPEN FOR AN ADDITIONAL PERIOD OF
TWO HOURS BY PAYING AN ADDITIONAL OR
EXTRA LICENSE FEE OF $200. 00 PER ANNUM;
AND DETERMING THAT SUCH CLASSIFICATION
IS REASONABLE; AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING
THAT THIS ORDINANCE SHALL BECOME EFFEC-
TIVE AS OF ITS PASSAGE AND ADOPTION ON
THIRD READING.
WHEREAS, under the provisions of Chapter 562. 45, Florida
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Statutes, municipalities have the right to enact ordinances regulating and
governing, among other things, the hours of business of places where all
types of alcoholic beverages are sold; and
WHEREAS, it is the settled law of the State of Florida that the
acquisition of a license to sell alcoholic beverages is a matter of privilege
subject to regulation by governmental authority under its police power; and
WHEREAS, it has been held by appellate courts of the State of
Florida that municipal ordinances regulating the hours of sale of alcholic
beverages are not required to be applied uniformly to all licensed vendors
within the municipality if there is a reasonable basis for classification; and
WHEREAS, various ordinances have been previously adopted by
City of Dania, Florida, concerning night clubs which have as their primary
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purpose that of allowing such night clubs to sell alcoholic beverages at
hours beyond the usual closing hours of other places of business licensed to
sell alcoholic beverages; and
WHEREAS, the City Commission desires to repeal all ordinances
creating or providing for a separate or special classification concerning
night clubs; and
WHEREAS, the City Commission further desires to amend Section
17-29, Code of Ordinances, City of Dania, Florida, as previously amended,
to provide additional hours of sale for holders of certain types of alcholic
beverage licenses, provided that such holders pay an additional or extra
license fee of $200. 00 per year,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DANIA, FLORIDA:
Section 1. That all existing ordinances of City of Dania, Florida,
concerning night club licenses are hereby repealed to the extent that the
ordinances concerning such licenses provide for a separate zoning classifica-
tion or license classification for night clubs and to the extent that such
ordinances purport to allow so called night clubs, or holders of night club
licenses, to sell alcoholic beverages at hours later than others who hold
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alcohlic beverage licenses but who do not hold night club licenses.
Section 2. That Section 17-29, Code of Ordinances, City of Dania,
Florida, as same may have been previously amended, be and the same is
hereby further amended by adding an additional paragraph to read as follows:
All vendors in City of Dania, Florida, who
hold so called 4-COP licenses as defined by
the Beverage Law of the State of Florida, which
said 4-COP licenses permit the sale for consump-
tion on premises of beverages of any alcoholic
1 content, and all vendors in City of Dania,
Florida, who hold so called special hotel or
jrestaurant alcoholic beverage licenses as de-
fined in Chapter 561. 20(2), Florida Statutes,
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may remain open for an additional period
of two hours beyond the closing hours as
stated in the previous paragraphs of this
ordinance by paying an additional or extra
license fee of $200. 00 per annum.
Section 3. That the City Commission does hereby determine
that the method of classification adopted in Section 2. herein is reasonable
and that the charge of an additional license fee of $200. 00 per year, as pro-
vided in said Section 2. , is also reasonable in view of anticipated extra
police protection which shall be furnished those license holders desiring
to remain open for business for an additional period of two hours, as pro-
vided in Section 2.
Section 4. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed to the extent of such conflict.
Section 5. That this ordinance shall be in force and take effect
immediately upon its passage and adoption.
PASSED and ADOPTED on First Reading this ' M day of
PASSED and ADOPTED on Second Reading this % S " day of
PASSED and ADOPTED on Third Reading this day of
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Mayor-Commissioner
(seal)
Attest:
City Cl erk-Auditor
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