HomeMy WebLinkAboutO-1954-319 1
ORDINANCE NO .
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AN ORDINANCE AMENDING PROVISIONS OF
ORDINANCES NOS. 75, 143, and 193, REGU-
LATING THE HOURS OF SALE OF ANY LIQUORS,
{ BEER, OR WINE, REGARDLESS OF ALCOHOLIC
CONTENT, WITHIN THE CITY OF DANIA,
FLORIDA.
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DANIA, FLORIDA:
Section 1: Definitions:
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"Vendor" as used in this chapter shall include all persons
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selling or keeping with the intention of selling, or dealing in, the beverages
s defined in this chapter.
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"Person" as used in this chapter shall include any individual,
firm, person, partnership, association or corporation, unless otherwise
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expressly provided.
Q "Intoxicating beverages" when used in this chapter, shall in-
clude all liquors, wines and beers containing more than 3. 2°Io of alcohol
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by weight.
I "Alcoholic beverages" when used shall include all beverages
containing more than 170 of alcohol by weight.
"Liquor" means and includes any and all distilled or rectified
spirits, brandy, whiskey, rum, gin, cordials, or similar distilled alcoholic
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beverages, including all dilutions and mixtures of one or more of the fore-
going.
"Wine" means the product of the normal alcoholic fermentation
of the juice of fresh, sound, ripe fruit, with the usual cellar treatment and
necessary additions to correct defects due to climatic saccharine and
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seasonal conditions, including champagne, sparkling and fortified wine of I
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an alcoholic content not to exceed 24% by volume. No other product shall
be called "wine" unless designated by appropriate prefixes descriptive of the
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fruit or other product from which the same was predonimately produced
or as artificial or imitation wine.
"Beer" shall be interpreted to include all malt beverages con-
taining more than 1% of alcohol by weight, and not over fourteen percent
by weight.
"Consumption on the premises" means consumption of all
beers, wines or alcoholic beverages of every kind, or the right to sell by
the drink or bottle such beverages.
"Consumption off the premises" means selling of beers, wines,
etc. , in the original unbroken containers, to be taken by the purchaser off
the premises, where sold, before being consumed.
"Package store" means vendors licensed to sell all alcoholic
beverages, but in sealed containers only, and for consumption off the 4
premises. The sealed package must not be broken, and the contents must P
not be consumed in or on the premises, under a package store license.
"Restaurant bar" means a bar operated in connection with a
restaurant and by the same management, where the principal business is
the serving of meals and where meals are actually and regularly served,
having accommodations forservice of 200 or more patrons at tables and
occupying more than 4,000 square feet of space, such space being provided
and equipped with adequate and sanitary kitchen and dining room equipment.
The restaurant bar must be directly connected with such dining room. The
sale of beers, wines, and liquors shall be strictly incidental to the serving
of food. The sale of beers, wines and liquors shall be prohibited except
during the time the restaurant is actually engaged in and open to the public
j for the serving of food. No sign of any kind or character shall be displayed
on the restaurant or bar to the outside, denoting that alcoholic beverages
are sold therein. I
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Section 2: It shall be unlawful for any person to sell, distri-
bute or manufacture any intoxicating liquors or alcoholic beverages, as
hereinbefore defined, until such person has obtained a license so to do as
provided by this ordinance.
Section 3: Any person before engaging in any of the businesses
described in this chapter, for any license year, shall file under oath, with
the City Clerk, a written or printed application to conduct such business at
a definite location and in the name of a particular person, such application
to be made upon forms provided by the City. Such applications, among
other things, shall state the character of business to be engaged in, location
where such business is to be conducted, the particular type of license de-
sired, the name of the applicant, together with the names of the persons
operating the business under their own names, or under a trade name, or
the names of the officers or members of the firms engaged in any such
business, the names of all persons financially interested therein, the former
occupations or businesses of the applicant, and. the residence addresses of
all parties. The applicant shall give the names of five local businessmen
or professional men or women as reference, who may be called upon by the
City should it deem the same advisable, as to the character, business _.
integrity and past history of the applicant. Applicant shall furnish such
other information as may be reasonably required by the City, and pay the
necessary license fee.
Section 4: All applications for an original or renewal license
shall be presented at the next meeting of the City Commission, after the
same same shall have been filed with the City Clerk, and the record of such
presentation to the City Commission shall appear upon the minutes of the
meeting. No such application shall be granted by the City Commission
at its first reading, but, at the next meeting, the City Commission
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shall have the right to grant or refuse such application for an original or re-
newal license, or postpone action thereon. No license shall be issued under
the provisions of this chapter, unless the same shall have been authorized
and approved by the City Commission. Upon the second reading and time of
hearing of such application for an original license or for a renewal or trans-
fer, it shall be the duty of the Chief of Police, the Building Inspector, and
the City Manager to bring to the attention of the City Commission the
character of the applicant, and of his assistants and associates, all charges
and complaints made againstthe applicant within the past twelve months,
and any past record of violating any of the penal oriiinances of the City or
of violating the provision of this ordinance, and also information as to the
q proximity of the location to a school or church. If it should appear from
such proofs and reports brought before the City Commission that the appli-
cant is not a person of good moral character, or that the proposed location kkk
is defective for building regulations or for sanitary regulations, or that the
issuance of such license is not permitted under this chapter, or that the
>,x ' locations where the business is to be conducted is so close to a school,
church,private dwelling or other structure (even though not within three
hundred feet from a church or public school) as to be objectionable to tend
to create a Dublic or private nuisance, or tend to disrupt public morels, or
create objectionable noises or to disturb inhabitants in their residences and
homes, the application for an original license, or for a renewal, or transfer,
may in the discretion of the City Commission, be denied and refused.
Section 5: Whenever an application for a new license under this
chapter shall be made, it shall be the duty of the City Clerk and City Manager:
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(a) To ascertain that the application is properly filled out
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and the proper license fee tendered.
(b) To determine whether the license can legally be issued
under the limitations and provisions of the charter anri I 1L_
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(c) To definitely ascertain that the proposed place of busi-
ness is not so located as to be within the prohibited distance distance from
a church or school, as hereinafter provided.
(d) To definitely ascertain that the proposed place of busi-
ness is not so located as to be within the prohibited distances, as provided
in Section hereof.
(e) To refuse to accept or present to the Commission any
application for a license, which can not legally be issued under the pro-
visions of this ordinance.
Section 6: Licenses shall be issued to a definitely named per-
son only, and for use at a definite location only.
Section 7: The action of the City Commission in denying an
original application for cause shall be final.
The action of the City Commission in denying an application
for renewal license for cause shall be final, and shall terminate the right
of the applicant to a renewal as a matter of course.
Section 8: All applications denied by the City Commission,
whether original or renewal, shall not be again considered by the Commission
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within two months. The license money accompanying the application shall
be returned to the applicant, and the fact of such denial written across face
of the application, and the same shall be preserved by the City Clerk.
Section 9: The negative votes of a majority of all City Com-
missioners present shall be necessary to deny any application.
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Section 10: The City Clerk and Auditor is personally charged
with the responsibility of seeing that all licenses issued under the provisions
of this ordinance are properly, correctly and legally issued; that all appli-
cations for an original license, renewal license or transferred license are
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properly filled out and contain all of the information required by this ordi-
nance; and that a proper record of all licenses issued is correctly and I
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systematically kept. For such purpose the City Clerk and Auditor may call
to his assistance the City Manager or any police officer of the City.
If, at any time during the taking of an application for an
original, renewal, or transferred license, or after having accepted same
and before transmission to the City Commission, or after having transmitted
the same to the City Commission, and before action thereon, it should appear
to the City Clerk and Auditor that the license applied for can not legallly be
issued under the provisions of this ordinance, it shall be the duty of the
said City Clerk to notify the applicant or the City Commission that such
application can not legally be issued, and the reasons therefor.
It shall be the duty of the City Clerk and Auditor on or
about September lst of each year, to notify all holders of a license under
this ordinance, entitled to renewal as a matter of course, to make applica-
tion for renewal as soon as possible, so that such applications may be acted
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upon by the City Commission on or before October lst of each year; and that
the holders of existing licenses shall not be permitted to do business under
the existing license after September 30th of each year.
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On or about September 1st of each year, the City Clerk
and Auditor shall certify to the City Commission the names of the holders
of existing licenses, under each of the classifications.
Section 11: There shall be no exemption from license taxes
provided in this ordinance to any person, any other law b the contrary not-
withstanding.
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Section 12: Whenever an application for a renewal license shall
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be made by the holder of an existing license, it shall be the duty of the City
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Clerk and Auditor:
(a) To ascertain that the applicant for renewal is the same
person as the existing holder.
(h) To ascertain that the tape Of license dcs,'cd i:, `ie I
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same type as the one held by the applicant. I
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(c) To mark upon such application for a renewal license,
the word renewal, and the number of application, as applied to the limitation
of such classifications.
(d) To collect the proper license fee.
Section 13: An application for renewal license shall be clearly
marked "renewal'. All licenses heretofore legally issued shall be renewable
yearly, as a matter of course, in accordance with this ordinance, but it shall
be necessary for an applicant to present an application for renewal license
sufficiently in advance of October 1st of each year to permit such application
to be acted upon by the City Commission before the beginning of the new li-
cense year. All such renewal applications shall be presented at the next
meeting of the City Commission, after the same shall have been filed with
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the City Clerk, for approval of the said City Commission. Failure to have
such application approved by the City Commission prior to October 20th of
each year shall prohibit the holder of existing license for renewal as a matter
of course, and such holder of an existing license not renewed in accordance
herewith by October 20th shall lose his right to have same renewed as a
matter of course, and shall be subject to all the restrictions and limitations
of a new license. At the time such applications for renewal licenses are pre-
sented to the City Commission, shortly prior to October 1st of each year, it
shall be the duty of the Chief of Police, and all others, to report to the City
Commission all infractions of rules and regulations and of this ordinance dur-
ing the preceding year by the applicant, and all complaints and charges against
said persons assembled at the place where the applicant has conducted his
business.
Section 14: Licenses issued under the provisions of this ordinance
shall be transferable from one person to another wher
e a bona fide sale or
lease has been made, or from one location to another.
Section 15: Whenever an application shall be made by an appli-
cant for the transfer of a license from person to person or from location to
location under the provisions of this chapter, it shall be the duty of the City
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Clerk and Auditor:
Transfer from person to person.
(a) To ascertain that the license desired to be transferred
is surrendered and is properly assigned and transferred in writing upon the
back thereof to the person making an application for a transferral license.
(b) To collect from the applicant seeking the transfer, a
' transfer fee.
(c) To require applicant for tranfer to comply with the
Provisions of Section 16 hereof.
(d) To ascertain that such transfer will not violate the
provisions of this ordinance.
From location to location.
(e) When the holder of an existing license desires to trans-
fer his place of business from one location to another, he shall be required
to particularly describe the new location, and make application fur the
existing license to be transferred to the new location, and attach thereto
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his existing license.
(f) To collect from the said applicant the appropriate
license fee.
(g) To require applicant for tranfer to comply with the
Provisions of Section 16 hereof.
(h) To ascertain that such transfer Will not violate the
provisions of this ordinance.
j Section 16: a ;
( ) Applications for the transfer of a license from
person to person or from location to location, shall be presented in the same
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manner as an original or renewal license, subject to the provisions of this
ordinance.
(b) Applications fro transfer may he nrcco F .4 a I
r-....,...��u �during the year. any time
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(c) Applications for transfer shall comply with the pro-
visions of Section 15 hereof.
(d) Applications for the transfer of a license must be
clearly marked on the face thereof with the word "transfer".
Section 17: Any license improperly issued by the City Clerk
may be corrected by the license inspector. Any license illegally issued,
or issued in violation of the provisions of this ordinance shall be cancelled
by the lieanse inspector and the unused portion of the license money shall
be refunded.
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Section 18: Any license issued by the City to any person under
the provisions of this ohdinance, may be revoked at anytime by the City
Commission or Municipal Judge for any one of the following reasons:
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(a) Conviction of the operator, or person employed, for
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violation of this ordinance.
(b) The operation of the establishment in such a manner
as to constitute a nuisance, or to disturb the peace and quiet of the
neighborhood.
(c) Permitting loud and boisterous behavior of customers.
(d) Allowing musical instruments to be operated after
11:00 P.M. , on any day, in such a manner as to disturb the neighborhood.
(e) The fact that state license of the operator has pre-
viously been revoked.
(f) Selling alcoholic beverages to minors.
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(g) Violaltion of any of the provisions of this ordinance.
(h) Illegally issued licenses in the first instance.
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Section 19: Any license revoked by the Municipal Court or by
the City Commission shall be cancelled by the City Clerk, but no rebate
shall be mach to +ho ii,...,.... I
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Section 20: No liquor or intoxicating beverages of any kind or 1
nature, including wines, beers, liquors; porter or ale, shall be sold by any
person holding a license under the provisions of this ordinance, where the
container thereof does not have and bear the stamps, marks and labels
required by the laws of the United States and this state relating thereto;
and no person shall have in his possession any liquor or intoxicating
beverages unless the container thereof shall at the time have and bear the
stamps, marks and labels required by the laws of this state and the United
States of America.
Section 21: No license shall be issued to sell any alcoholic or
intoxicating beverages, except beer and wine, for consumption on or off
the premises under provisions of this ordinance in any place of business lo-
cated within one thousand feet by air-line measurement, measured from main
entrance to main entrance of the place of business, in which there is already
1 a retail vendorts license to sell such alcoholic or intoxicating beverages for
consumption or. or off the premises; nor shall such license be issued during
the period in which the existing license if renewable, at such location; pro-
vided, however, that the owner by vested right of a license to do business
within the prohibited area may transfer the license to another location within
the same prohibited area.
Section 22: No license shall be issued under the provisions of
this ordinance to any person at any location within 300 feet, by air-line
measurement from any estatlished church or school, measured from main
entrance to main entrance, except that in case of a school to the nearest
point of the school grounds used as part of the school facilities. Whenever
a license has been lawfully procured and thereafter a church or school be
established within a distance otherwise prohibited by law, the establishment
of such church or school shall not be cause for the revocation of the license
or prevent the subsequent renewal of same.
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Section 23: No person licensed under the provisions of this
ordinance shall permit any person less than 21 years of age to sell or
dispense any alcoholic beverages or liquors, including wines or beers, nor
shall such licensees engage or employ such minor to work in the room or
place where the bar or dispensary is located.
Section 24: Licensees holding licenses to sell or dispense
intoxicating beverages as defined in this ordinance shall not permit minors
to go or remain in the room or place where the bar or dispensary of al-
coholic beverages is located under any circumstances, even though accom-
panied by their parents or adult persons, except where food is served.
Section 25: No vendor, licensed under the provisions of this
ordinance, or any employee thereof shall sell or offer for sale or deliver
or serve or permit to be consumed upon the premises of such vendor, any
liquors, beers or wines, regardless of alcoholic content on any weekday
between the hours of 2:00 A. M. , and 7:00 A. M. , or on Sundays, between
the hours of 2:00 A. M. , and 1:00 P. M.
„ r (a) No vendor licensed under the provisions of this ordinance,
or any employee thereof, shall sell, or offer for sale, or deliver, any
liquor, beer or wine, regardless of alcoholic content, by the package, bottle,
or container, between the hours of 2:00 A. M. , on Sunday and 7:00 A. M. )
on Monday, or on any week day between 2:00 A. M. , and 7:00 A. M. This
does not apply to night clubs.
Section 26: All bar rooms, saloons, cocktail lounges, and
other places for the sale of intoxicating beverages at retail within the City
shall be closed during the hours the polls are open on any municipal, general,
or special election.
Section 27: No person licensed under the provisions of this
ordinance shall give, sell, deliver, serve, or permit to be served any
alcoholic beverages or liquors, incl
uding wines or beers as
follows:
(a) To any person less than 21 years of age, actually or
apparently.
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(b) To any person who is intoxicated.
(c) To any patient under the supervision or control of any
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state hospital, whether such patient be on furlough or otherwise.
(d) To any person who is an habitual drunkard and known to
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jbe such by the dealer, after notification by the police department.
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(e) To any person brought before any Court charged with
non-support of wife, family, or other dependent.
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Section 28: No person shall sell or serve, by the drink, any
intoxicating liquor, other than malt beverages of legal alcoholic content
(malt beverages meaning beer or ale), except within the building which is
the address of the person holding a license for the sale of intoxicating liquor.
Section 29: No person shall sell package goods except across
the counter within the building which is the address of the person holding a
license for the sale of such intoxicating liquor. No package goods shall be
delivered or caused to be delivered off the premises of licensee after 8:00
P. M. This section shall be construed as requiring all such sales to be
made with both the purchaser and vendor within the vendor's building, in a
well lighted area, affording both the vendor and purchaser ample opportunity
to observe one another and, so each may observe the identity of the other,
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and the vendor to learn the age of the purchaser.
Section 30: Licensees under this ordinance by their acceptance
of their licenses, agree that their places of business during business hours
may be inspected and searched without search warrants, by police officers
of the City.
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Section 31: It shall be unlawful for any intoxicated person to
loiter in and about the premises used or occupied by an licensee herein,
and it shall be the duty of the operator to remove such intoxicated persons
from the premises.
Section 32: No vendor licensed under this chapter, who is not
licensed to sell liquor to be consumed upon the premises, shall knowingly
furnish or provide any set-ups, glasses, or other service to any person
for the purpose of consuming liquor in, at, or upon the licensed premises.
Section 33: No vendor or distributor shall knowingly directly
or indirectly commit, or assist in the commission, of any unlawful act
upon anylicensed premises.
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Section 34: No licensee shall permit the premises licensed
under this ordinance to be used for any immoral, improper or criminal
purposes, neither shall they permit persons of known immoral, improper
or criminal habits to frequent, loiter or assemble on the premises or in
the entrance thereto.
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Section 35: No person licensed under this ordinance except
night clubs, shall allow or permit between the hours of 11:00 P. M. , and
7:00 A. M. , the following morning, instrumental music, singing or other
forms of entertainments, in any room where beers, wines, liquors or
alcoholic beverages are sold or offered for sale, indoors or outdoors,
except that such room or rooms be sound-proofed, in order that the noise
therefrom may not disrupt the peace and quiet of the neighborhood. It being
intended hereby that in rooms sound-proofed as defined herein, music,
singing and other forms of entertainment may be conducted during the
hours that alcoholic beverages may be sold, as set forth herein, but at no
other hours.
Section 36: During the hours when the premises licensed under
this ordinance are closed, the blinds of said premises shall remain open so
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as to afford an unobstructed view of the interior of said premises.
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Section 37: "Closing time" as used in this ordinance shall
be construed to mean that all customers shall be out of said establishment
at that time.
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Section 38: No wholesale or retail liquor or alcoholic dealer
shall permit or allow on his premises, where such liquor or alcoholic
beverages are sold:
(a) Any screen, blind, curtain, partition, article, or
thing in the windows or upon the doors, which shall prevent a clear view
into the interior of such licensed premises from the sidewalk at all times.
(b) Any booth, screen, partition or other obstruction in
the interior of such licensed premises, totally obstructing the view.
(c) Any saloon swinging entrance doors.
(d) Any opening or means of entrance or passageway for
person or things between licensed premises and any other room or place
in the building containing the licensed premises, or any adjoining or
abutting premises. All glass in any windows or doors on such licensed
premises shall be clear and shall not be opaque, colored, stained or frosted.
This shall not be construed to mean openings into dining rooms, kitchen,
toilet or other legitimate connecting rooms.
Section 39: Any person or any agent, servant or employee of
any licensee hereunder, violating the provisions of this ordinance shall upon
conviction shall be punished by a fine not exceeding $500. 00, or imprison-
ment for a term not exceeding 90 days, or by both such fine and imprisonment
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in the discretion of the Municipal Judge. In addition the Municipal Judge may
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revoke any license issued under the provisions of this ordinance to such per-
son or to the employer of the agent, servant or employee so convicted,upon
revocation of a license, the Municipal Judge shall certify such fact to the
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City Clerk and Auditor, and such revoked license shall be cancelled.
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Section 40: 7n the event any section, sub-section, paragraph,
clause, phrase or sentence of this ordinance shall be declared or adjudged
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invalid, or unconstitutional such adjudication shall in no manner affect
the other sections, sub-sections, paragraphs, clauses, phrases or sen-
tences of this ordinance, which shall be and remain in full force and ef-
fect, as if the section, sub-section, paragraph, sentence, clause, or
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phrase so declared or adjudged invalid or unconstitutional, was not
originally a part hereof .
Section 41: All ordinances or resolutions in conflict, and
especially Section 13 of Ordinance No. 75, and Ordinances No. 143 and
193, are hereby repealed. Nothing herein contained shall affect the terms
and provisions of any ordinance or resolution of the City of Dania, except
to the extent of any conflict herewith.
Section 42: This ordinance shall take effect and be in force
immediately upon its passage and adoption.
PASSED AND ADOPTED on First Reading this day
Of A. D. 1953.
PASSED AND ADOPTED ON Second Reading this J_/,4-t day
of 2).a-e"_ y , A. D. 1953.
PASSED AND ADOPTED on Third Reading this 4 k� _ day
Of A. D. 195_�.
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Mayor- ommissi ner
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ATTEST:
City and Auditor
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