1960-453ORDINANCE NO. 453
THEREFOR.
BE IT ORDAINED BY THE MAYOR AND CITY CbWdll, OF CITY OF SOUTH
MIAMI, FLORIDA:
1. Section 4-2 of the Code of Ordinances of the Ci , t of South
am
t i Florida, is hereby amended so that such section shall read
as follows:
school. No premises shall be' used
A Distance from church or
for the sale of alcohbllcj��Veverd&s to be consumed 'c'Sh"Idt 'off the
jh' ended lor such
premises' Q*b'�*k'" ure or p ace,of-b
use is"lVdUed less than 500 'feet frek,.�A" church or' public school.
The 500 foot distance requirement shAf be measured and computed as
follows:
(1) Ff6id"A '-Church- the Sitean-ce shall be measured
t 'from the f ront door of the proposed
'by follow in a-s raight'-Iine'
place of business to the nearest point of the church grounds, and
`bf` ;chool, the '41istance shall be
(2) From a pu Ic i
measured by"f6l1b4ing a straight-fthe"from the front door of the pro-
posed place of business to the nearest point of the school grounds.
of
1 -it icenses, permits,
B Complighce piterequ s e%
'e occupancy, and certificates.. ifWAVs , No '6ertATf61V&%f use or ocleupa_b_ license,
' -,
b u o'r-`_6'th'6._�':,`perrdit shall Ve I issued to any p4rlsbh, firm, or
c6ip6rati6rf f�6r' the stfib of alcoW6ftc-._beverages t'O,Ve' conbuthed on
or off the premises where the proosed I place of business does not
conform to the requirements of subsections (a) above.
C Nonconforming uses; d6 inition, of a,bandPrva6nt`.-, The 'uses
1, 1 f the
referred to in subsection (a) above that are 1b''Viallit on o
� -,. k, I ` - - - nonconforming; ' bL 1i
provis bbs-, thbedff shall be deemefd"'to' be,_'and as such
�* eof. ce a non -
conforming c di X- i e until thekb"is an abandonment
conforming use is abzi oned it shaft not be'r'e-established unleis'St
can conform to the requirements of this chapter.
AbA bdonme'A shall . consist' 61'a change of, use or of
a suspension of active bu's-iness with 1he pubific for a period of
three months, of.
or prior to the end . the period, on a written
declaration of abandonment by the tenant and owner of the premises
if under lease, and, if not, by the owner.
D Exceptions to spacin g and distance requirements. The re-
strictions and spacing requirements set forth in subsection (A)above
shall not zipplyc
To nonprofit k1vate clubs h
w ere on y memVers are served
and where 'there-are no-Agns of any type exhibited or displaged,
or other indications, that'can be seen from the outside of the
structure concerned, that alcoholic beverages are being served.
(2) RESTAURANTS..�To dining -rooms or restaurants which comply
with the requirements of such districts and serve cooked, full
course meals, daily prepared on the premises, providing that only
a service bar is used and the sale of alcoholic beverages are sold
only to persons seated at tables.
(3) BEER AND WINE FOR OFF-PREA 8 CONS To the sale
of beer and wine as a grocery item for consumption off the premises.
(4) NIGHT CLJUBS`iN'diRTAIN HOTELS AND MOTELS. To night clubs,
bars, and cabarets where the same are located in a hotel, motel, or
a
ORDINANCE 453 continued. page 2
apartment hotel and u "d'er the same rocf, which contains at leaet 50
guest rooms or apartment units under the same roof, provided the
exterior of any such building shall not -have shore fronts or give
the a "ppearance of commercial or mercantile activity as viewed from
the _Highways . ,__In 1 the event the use contains _windows which may' be
see-h-1 rom— the highway, said :._ndows shall be of fixed, "-obscure
glass. Such nigR clgb, bar or cabaret shall be entered only through
lobby, and no additinall entrance shall be permitted. An additional
entrance, or door shall be perin'l ted wh&, "the same_ opens into a
courtyard or, patio° °(aMay from street side")' ich'isf enclosed and
which 'is not "visible from the `street. A fire door or exit "shall be
permitted, provided that the same "is-equpped with panic-type "hardware
and locks and is maintained in a locked position except in emergency.
E Sketch- ind1catinglo`cation:, For the purpose of establishing
the diAance�'be' ween alcoholic' beverage uses and ch`urcties o public•
schools, the applicant for such use shall furnish a cert- ified'sketch
of survey from a registered engineer o r surveyor. Such "sketch shall
indicate the distance between the proposed place of business and any
church or school within 500 feet. Each sketch shall 'indicate all such
distances and routes. In case of dispute; the measurement scaled by
the City Manager shall govefh.
F Transfer of rionconf g se Upon good and
�usElfiable
cause rbven 'to hie atistact bn of --the Counc '1, a legahly ex' isting
P .a � another
nonconform alcoho �c.:aeve, age use may transferred "to o
nonconforming u propev -=ly zoned site in the same general neighborhood,
not to exceed'500 feet from the old site, upon approval of the appro-
priate zoning board after a public hearing.
G Expansion of nonconforming use. Legally ekusting alcoholic
1.' "" es.°'�nn.icnc• .nn�n rinn�`ni'ifnriiiino' }fV °- YPACATIO� the 7'•eBlllat�fons estab-
_ errsa
li`shing distance restrictions' between any uses an c urc es or
schools,, shall not be expanded unless and until such expansion shall
have "gib a proved by the appropriate zoning'loar d`''for good. and y
justif 191W cause after a public °hearin`g.� Expansion as used herein,
shall "include the enlargement of spatie` for such use and uses incid`ltal
thereto, the extension of a bee?: and wine bar to include intoxicating
liquor.
. .F PREMISES NOT ESTABLISHED.
H CERTIFICATE VOID AFTER 30 DAYS I
All Alcohbl'ic beverige uses, must'be established on the "premises
within th'irty'days"of' the date of the issuance of a certificate of
use and occupancy, otherryise said certificate of use and occupancy
shall be null and void.
the con`tIrrary notwithsta,n ing, noOliquorNlicen `se'Itax any- llectomangbeo
used in`a manner contrary o this chapter'.. ,The 4 r shall
issue rnop11 ense „unless a current aertifipaatVdf.use o” `ir
'N� r occupancy
in the a ` fteanr''s name accom anies the
application The license
as issued shall note thereon any special limitations or restrictions
applicable due to the zoning on the property.
J Nothing herein, however, shall be deemed an attempt to modify
any prohibitioW-or make less restrictive any requirements by the laws
of the State of Florida, or any requirement or restriction established
by Chapter 20, of this Code,
That should lanify V6r`d, phrase; clause or sentence or section of this
ordinance be held invalid, such invalidity shall "not affe'c't or make in-
operative the remi:inder of this Ordinance and it is hereby declared
to be the intent of this body that 'All parts of this Ordinance are
severable.
PASSED AND ADOPTED this 20th
ATTEST: �J
v
City Clerk
day of ecember A.D. 1960
Mayor and Presidiffg-urricer,
City Council