HomeMy WebLinkAboutO-1955-360 I' I
ORDINANCE NO. O
AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE
OF ORDINANCES OF THE CITY OF DANIA RELATING TO
NIGHT CLUBS, BY AMENDING SECTION 11, CHAPTER
18, TO DEFINE A NIGHT CLUB AS A PLACE OF BUSINESS
OPERATING WITHIN THE CITY AT NIGHT AND WHERE
INTOXICATING BEVERAGES ARE SOLD TO THE PUBLIC
IN CONNECTION WITH DANCING, VAUDEVILLE, THEATRI-
CAL OR SIMILAR ENTERTAINMENT, AND WHERE THE
BUILDING IN WHICH SAID BUSINESS IS CONDUCTED HAS
A SEATING CAPACITY OF 150 PERSONS, AND PROVIDING
THAT NO LICENSE FOR A NIGHT CLUB SHALL BE ISSUED
UNLESS THE BUILDING HAS A MINIMUM FLOOR AREA OF
2650 SQUARE FEET, AND UNLESS THE BUILDING PERMITS
A MINIMUM OF 15 SQUARE FEET PER PERSON OF SEAT-
ING CAPACITY, AND UNLESS THERE IS PROVIDED A
1 FLOOR SPACE OF AT LEAST 400SQUARE FEET SUITABLY
PREPARED FOR DANCING, AND UNLESS THE APPLICANT
FOR A NIGHT CLUB LICENSE HAS A REGULAR STATE,
COUNTY AND CITY VENDOR'S LICENSE TO SELL INTOXI-
CATING BEVERAGES OTHER THAN A LICENSE ISSUED AS
AN INCIDENT TO THE OPERATION OF A HOTEL OR RES-
TAURANT; AND BY AMENDING SECTION 13, CHAPTER
" 18, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA
BY PROVIDING THAT NO NIGHT CLUB BUSINESS SHALL SELL
ALCOHOLIC BEVERAGES IN SEALED CONTAINERS BEYOND
OR AFTER 2:00 A. M. ; AND BY ADDING A NEW SECTION TO
i BE NUMBERED 13. 5 TO PROVIDE THAT NO NIGHT CLUB
SHALL BE LOCATED WITHIN 1000 FEET OF ANOTHER;
AND PROVIDING THAT THIS ORDINANCE SHALL NOT AFFECT OR
IMPAIR ANY NIGHT CLUB LICENSES HERETOFORE ISSUED
BY THE CITY OF DANIA.
WHEREAS, Section 29, Chapter 17, Code of Ordinances of the City
of Dania, Florida, provides generally for the hours of sale of intoxicating
beverages by businesses in the City of Dania, Florida, except for night clubs;
and
WHEREAS, the City of Dania, Florida, as a municipal corporation,
has the power and authority to regulate the hours and places of sale of intoxi-
cating beverages within the City of Dania, Florida; and
WHEREAS, the City Commission of the City of Dania, Florida,
deems it for the best interest of the welfare of the City of Dania, Florida, to
define and clarify in greater detail the now existing ordinances of the City of
Dania, Florida, relating to the operation of night clubs within the City of
Dania, Florida, and to enact additional laws pertaining to night clubs,
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NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF DANIA, FLORIDA:
Section 1: That Section 11, Chapter 18, of the Code of Ordinances
of the City of Dania, Florida, relating to the definition of night clubs, be
and it is hereby amended to read as follows:
"Section 11. A night club is hereby defined as any place
of business operated within the City at night and where alco-
holic beverages as defined in Section 1, Chapter 17, of the
Code of Ordinances of the City of Dania, Florida, are sold
to the public in connection with dancing, vaudeville, theatri-
cal, or similar entertainment, and where the building in
which said business is conducted has a seating capacity of
150 persons or more. No license for a night club shall be
issued unless
(a) The building has a minimum floor area of 2650
square feet of area for use by customers; and
(b) The building permits a minimum of 15 square feet
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per person of seating capacity; and
(c) There is provided floor space of at least 400 square
feet, suitably prepared for dancing; and
(d) The applicant for the night club license has a regular
state, county and city vendor's license to sell intoxicating
beverages. No night club license shall be issued to an
j applicant who has only a special or exceptional hotel or
restaurant vendor's license as such hotel or restaurant
vendor's licenses are more particularly defined in Chapter
561. 20, Florida Statutes, 1953. "
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Section 2. That Section
--_. Lion 13, Chapter 18, of the Code of Ordinances
Of the City of Dania, Florida, relating to night clubs, be and is hereby
amended to read as follows:
"Section 13. No night club business as defined in Section
18-11 shall be operated upon any day of the week beyond or
after 4:00 o'clock A. M. and no night club business, defined
as aforesaid, shall sell or dispense alcoholic beverages in
sealed containers beyond or after 2:00 o'clock A. M. "
Section 3. That Chapter 18 of the Code of Ordinances of the City
of Dania, Florida, relating to licenses be and it is hereby amended by
adding a new section, to be numbered 13. 5, to read as follows:
"Section 13. 5. No night club licenses shall be issued to
operate a night club in any place of business located within
1000 feet by following the shortest route of pedestrian travel,
measured from main entrance to main entrance, of the place
of business in which there is already a night club license;
nor shall such license be issued during the period in which
the existing license if renewable, is at such location; pro-
„ -' vided, however, that the owner by vested right of a license
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to do business within the prohibited area may transfer the
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license to another location within the same prohibited area. "
Section 4.! That this ordinance shall in no way affect or impair any
previous night club licenses heretofore issued by the City of Dania, Florida.
Section 5. That if any clause, sentence, paragraph, section or
other part of this ordinance shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or invali-
date the remainder hereof, but shall be confined in its operation and effect
to that specific part of this ordinance which was directly involved in the
contro
versy in which such judgment was rendered. �
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Section 6. That the provisions of this section of the Code shall
be cumulative with similar existing provisions and shall not repeal any
other provision of this Code unless the same be in direct conflict with the
provisions hereof.
Section 7. All ordinances, parts of ordinances or resolutions in
conflict herewith shall be and the same are hereby repealed to the extent
of such conflict.
Section 8. This ordinance shall be in force and take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED on First reading this / A day of
-,,..-/tn/ A.D. 1955.
PASSED AND ADOPTED on Second reading this iF1 day of
A. D. 1955.
PASSED AND ADOPTED on Third reading this /L L4 day of
A. D. 195
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Mayor - Commissioner
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ATTEST:
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_lhL�-s --Y 1_.41
UI Clerk - Auditor
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