Ordinance 017-1977
ORDINANCE NO.
17- 1977
AN ORDINANCE RELATING TO THE ISSUANCE OF
SPECIAL BEVERAGE LICENSES TO HOTELS, MOTELS,
MOTOR COURTS AND RESTAURANTS; REPEALING
CHAPTER 61-597, LAWS OF FLORIDA AND ADOPTING
THE PROVISIONS OF STATE LAW FOR ISSUANCE OF
SAID SPECIAL LICENSES; GRANDFATHERING ALL EXISTING
SPECIAL BEVERAGE LICENSES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, by virtue of Chapter 71-29, Laws of Florida,
certain special acts of the legislature have become ordinances
of the Countys affected by the special act, subject to repeal or
modification by the County affected in like manner as a County
Ordinance, and
WHEREAS, Chapter 71-29 provides express authorization for
the Board of County Commissioners of Monroe County, Florida to
modify and/or repeal Chapter 61-597, Laws of Florida, the same
being now a County Ordinance relating to the issuance of special
beverage licenses to bona fide hotels, motels, motor courts and
restaurants, and
WHEREAS, said Chapter 61-597 imposes restrictions on the
issuance of special beverage licenses that are more stringent than
the requirements imposed by general state law, and
WHEREAS, specifically, under Chapter 61-597, a restaurant
desiring such a special license is required to have 4,000 square
feet of space as opposed to 2,500 square feet of space under general
state law and Chapter 61-597 requires 250 seats per restaurant
rather than 150 seats under state law, and
WHEREAS, there is no good reason why said requirements in
Monroe County should be greater than those under general state law,
and
WHEREAS, the Board is aware that in one respect relating
to hotels, motels and motor courts, said Chapter 61-597 is less
stringent than general state law as a special license can be issued
to a 50 room facility whereas under state law, a 100 room facility
would be necessary but that such small motels, hotels and motor
APPROVED ON
BOOK
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courts are no longer prevalent nor economically feasible in Monroe
County, now therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA as follows:
section 1. That Chapter 61-597, Laws of Florida,
be and the same is hereby repealed.
Section 2. That all special beverage licenses here-
tofore issued under the provisions of Chapter 61-597 in Monroe
County shall be henceforth recognized as valid and shall be
renewable as a matter of right so long as said license is not
permitted to lapse by the holder thereof.
Section 3. That henceforth all new special beverage
licenses to be issued in Monroe County to any bona fide hotel,
motel, motor court or restaurant shall be issued in accordance
with the requirements of State Law.
section 4. This Ordinance shall take effect upon receipt
of the official acknowledgment from the Department of State acknow-
ledging receipt of certified copy of said Ordinance and that said
Ordinance has been filed in said office.
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that at
first reading on Tuesday, October 18, 1977 at 2:00 o'clock p.m.
at the Monroe County Sub-Courthouse, Marathon, Florida and last
reading on Tuesday, October 25, 1977 at 2:00 o'clock p.m. at the
Plantation Key Sheriff's Sub-Station, Plantation Key, Florida,
the Board of County Commissioners of Monroe County, Florida
intends to consider the adoption of the following County Ordinance:
ORDINANCE NO.
- 1977
AN ORDINANCE RELATING TO THE ISSUANCE OF
SPECIAL BEVERAGE LICENSES TO HOTELS, MOTELS,
MOTOR COURTS AND RESTAURANTS: REPEALING
CHAPTER 61-597, LAWS OF FLORIDA AND ADOPTING
THE PROVISIONS OF STATE LAW FOR ISSUANCE OF
SAID SPECIAL LICENSES: GRANDFATHERING ALL EXISTING
SPECIAL BEVERAGE LICENSES: PROVIDING AN EFFECTIVE
DATE.
DATED at Key West, Florida this 23rd day of September, A.D.
1977.
RALPH W. WHITE
Clerk of the Circuit Court of
Monroe County, Florida and ex
officio Clerk of the Board of
County Commissioners of Monroe
County, Florida
(SEAL)
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