08-24-53 AUGUST 24th, 1953
Regular meeting of the City Council of the City of Delray
Beach was held in the Council Chambers at 7:30 P.M. with Mayor
L.D. Kern in the Chair, and City Attorney Nell E. MacMillan,
City Manager Robert Lovelace, and the following Counctmen present:
W. A. Jacobs, John N. Kabler, and Mrs. Alma K. Woehle, a quorum
being present.
Upon motion of Mrs. Woehle, seconded by Councilman Jacobs, and
unanimously carried, minutes of meetings held August 10th and 13th
were a~mroved as writ%es.
LeRoy Baine, President of the Negro Civic League, addressed
the Council and requested definite information as %o what the Coun-
cil proposes to do about providing a bathing beach for negro citi-
zens.
City Mana.~er Lovelace explained that only two ,arcels of land
had been offered; and the ,rice of one was exorbitant, and ~%ere
were complications of ownership involved with the other, so that
there was nothing to re~ort at this time.
It was suggested by ~ir. Baine that a '.,ortion of the City
public beach be set aside for the use of negroes.
Mayor Kern suggested that tile Council meet with the Negro
Civic League within the next week or two, and the City Manager was
instructed to advise the Negro Civic Lea~e when such meeting would
be held.
Cit~ Manager Lovelace then nresented an Ordinance distributed
by the N~tional. Institute of Law Officers as the result of recent
casualties by c]~ildren being locked in abandoned refrigerators,
and reco~ended passage of such Ordinance as an Emergency measure,
to attempt to make people conscious of this hazard. The Ordinance
was re~.d in full as follows:
ORDIN.~CE NO. G-170
.... E ~G ~CY O~fl,IN~C.~ OF file CITY COUNCIL OF
THE CITY OF ~ '~L~{~-~.Y m~.~., FLOHIDA, P}IO~.iI}3IT*
ING ABANDONM~T OF ICE BOXES AND REF I GE~-
TORS ~CCE~SIBLE TO CHILDREN.
WI{ER<AS, an emergency exists in the City of Delray Beach, in
that instances have bean reported in other cities of death due to
suffocation of children in abandoned, unattended ice ~xes, refrig-
erators and other containers havin~% air-tight doors w ich when
closed cannot be opened from the inside~
WHEH'qAS, these abandoned, ~attended or ~iscarded ice ~xes,
refrigerators and other containers are a constant menace ~ the
health, w~qfare 8nd safety of children in the City of Delray Beach;
NOW, ~ ~:" t~,i,,,, R'< IT ~,;itIAINED BY Ti{~C CI:Y COb~'CIL OF TH:~ CITY
OF DELiL~Y BEACU, FLOi:IDA:
Section 1: I% shall be ~lawful for any ~,eP),on, Firm or coP-
'~oration to leave outside of' any building m" r~welling in a ~;)lace
accessible to c'~ildren ;~ny ~:bahdoned, ~a%tended or discarded ice
box, refrigerator o~ any o~her con%miner of any kind which has an
air-tight door, or lock which may not be released for opening f~om
the inside of said ice box, ref~igera%or om congainer.
Section ~: I% shall be unlawful for any person, firm or coP-
pots%ion %o l'eave outside of an~ building or dwelling in a place
accessible %o children any abandoned, ~attended or dj's carded ice
box, refrigerator oP any other con%miner of guy kind ~f ch has an
air-tight snap-lock o~ othem devis~ thereon withoUt Fi~S%~ removing
%he doo~ from said ice box, refpigePato~ o~ container.
Sec%ion 3: Any person, firm or corporation viola%lng any of
the provisid'ns of ~s ordinance shall be deemed ~i1%~ of a mis-
demeanor and upon conviction thereof shall be fined not exceeding
$500.00 or by imprisonment for not in excess of 90 days. dach
such violation is codified or permitted to continue, shall con-
s~itute a separate offense and shall be p~ishal)le as such here-
~d e ~.
AUGUST 24, 1953
Section 4: This ordinance s}~.all be effective on first and
final re~~, ding
PASSED and adopted on first and final r~2ading this 24tl~ day
of Au,_~ust, 1953.
~si r.
Mayor
ATT~ST:
/S/ ~lut~ R. Smith
City Clerk
(Seal) -
PASSED AN[~ A])()r~T~D: Au~st 24th~ 1953.
A motion was made by Mrs. Woehle and se~o~ded by Councilman
Kabler, that the ~ore~oing Ordinance be adopted as an emergency mea-
sure.
Co~cilm~n Jacobs insisted that the ~orO "snap-locks" be elim-
inated and it be required ~hat the doors be removed from such
zardous ~efrigerators. He fel~ ~hat even ~ith the locks removed
mi~i not be possible to open the door from the inside, ~d ~he only
~ay to m~ke t~e Ordinance effective ~ould be ~o remove ~he doors
eom~,letely.
Mayor Ke~ felt that ~n 0rdin~ce requir~g a m~ %o destroy
his propep~y might not be valid, but after further discussion
Co~cilman Kabler moved that ~he foregoing 0rdinmee be adopted
~s an emergency meas~e with Mr. J~eobs' amen~en~, requir~g
removal of all doors from abandoned refrigeraiors. ~he molion was
se~nded by Councilm~ Jacobs, and carried ~animously.
Proof of publication of Notice calling a hea~ng for objection~
~o ~he confirmation of Assessmen~ Roll on sidewalk imp~vement
N.~. ~nd St. from 5%h to 8%h Avenues ~as filed by %he Clerk as fol-
lows:
PUBLIC NOTICE
All persons ~ho may be interested in ~he propep~y
by the Assessmen~ Roll as se~ forth belo~ are hereby notified
~he City Co~cil of the City of Delray Beach, Florida, has examined
and ~pppoved said Assessmen~ Roll ~d that ~he Cily Co~eil will
sit in the Co~eil Chambers in the City Hall at 7:30 P.M. on Aug-
us~ 24th~ 1953 for ~he nuppose o~ hearing objections ~o siad-Assess-
ment Roll.
/s/ :zuT][
City Clerk of ~he City of
Delray Beach, Florida
(Here appears Assessment Holl ~s in minutes of July ~7~h, 1953)
])~L~AY B~AO{ JOUI~A~
Delray .Beach, Palm Beach County, Florida
STAT~F FL0 [{IDA
C0~ 0F PALM BEACH:
Before the ~OepsigneO authority personally appeared Rober~
Britl ~ho on oath says ~hat he is ~ditor of the Celpay Beach Journal,
a ~eekly newspaper published ~t Delray Beach in Palm Beach Cowry,
Floridal tha~ ~he a~taehed copy of advertisenent, berg a ~egal
Notice in the ma~ter of Assessmen~ Roll in ~he City Council Court,
~as nublished in said newspaper in t~ issues of Audi 6~h a~
~u~st 13, 1953.
Affiant f~ther says ~hat ~he said The Delray Be~h Journal
is a newspaper p~ lished ai Delray ~ea~h, in said Palm Bea~
Florida, and that the said newspaper has heretofore been continu-
ously published in said Palm Beach Cowry, Florida, each ~eek an4
has be='n entered as second class mail mat~ep a~ ~he post office
Delpay Beach, in said Palm Beach Co~y, Florida, for a period of
one year nex~ preceding ~he first publication of the ~tta~hed copy
.57
AUGUST 24, 1953
of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate
commission or refund for the purpose of securing this advertisement
for publication in the said newspaper.
/S/ Robert L. Britt
(Seal)
Hearing was then held, but no objections were filed; whereupon
the following Ordinance was brought up for .first reading:
AN ORDINAl!CE OF THE CITY COUNCIL OF ~IE CITY
OF DELR~Y BEACti, FLORIDA, LEVYING THE ASSESS-
~ffiNTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED
BY THE CITY MANAGEI{ OF SAID CITY, CONCEIVING
THE CONSTRUCTION OF FIVE FOOT CONCRETE SIDE-
WALKS ALONG THE NORTH SIDE OF N. W. 2nd ST. FROM
5TH AVE. TO STH AVE., TOGETHER WITH SEVEN NINE-
FOOT DRIVEWAYS.
Upon motion of Councilman Kabler, seconded by Councilman Jacobs,
and unanimously carried, the foregoing Ordinance was placed in
first reading.
The following Ordinance was then presented for second and
final reading:
ORDINANCE NO. G-171
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY B.~IACH, FLOI~I;~A, LEVYING Tile ASSESSMI~TS
AS SHOWN BY THE ASSESS~CNT ~OLL SUBMITTED BY
CITY MANAGER OF SAID CITY, CONCEIINING THE CON-
STRUCTION, GRADING AND PAVI~G OF ALLCY HU~<NING
NORTH AND SOUTH THi~OUGH BLOCK 117, TO A WIDTH
OF SIXTE~]N FEET (1~').
~HEREAS, the City Manager of the City of Delray Beach, Flor-
ida, has, in pursuance to the Charter of said City, submitted to
the City Council for approval, a report of the cost, and the assess-
ment roll for the construction, grading and paving of the alley run-
ning north and south through Block 117, to a width of sixteen (16)
feet, and
WHERe{AS, said report and assessment roll were a~roved by the
City Council in regular session on the 13th day of July, A.D., 1953,
and
WH~-2R}~AS, due notice concerning said assessment Poll was given
advertisement by the City Clerk, in accordance with the City Charter
of said City, for the purpose of hearing objections to said assess-
ment roll, and
WHE1UqAS, no sufficient objections were received to t~]e con-
firmation of said assessment roll,
NOW, THEf:[EFORE, BE IT 0RDAIN]~D BY THE CITY COUNCIL OF TltE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. The assessments, as shown by said assessment roll,
which is annexed hereto and made a part hereof, are hereby levied
a~ainst the property shown and in amounts shown on said assessment
roll, said assessments %o be naid. in five equal annual installments,
together with interest at the rate of 8~ per ann%u~, the first in-
stallment becoming due ~nd payable on August 24th,1953, and on the
24th day of August for the next ensuing four years; a~ said spec-
ial assessment so levied shall be a lien from the date the assess-
ment becomes effective, upon the respective lots and parcels of
land described in said assessment roll, of the same nature and to the
same extent as the lien for general City taxes, and shall be collec-
tible in the same manner and with the same penalties mad under the
same provisions as to sale and forfeiture as City taxes are collec-
tible.
AUGUST 24, 1953
PASSED in Regular Session on second and final reading on this
the 24th day of August, A.D., 1953.
/S/ L. D. Kern
Mayor
ATTEST:
/s/ utn ..
City Clerk
(SEAL)
1st Reading - August 10th, 1953
2nd Reading - August 24th, 1953.
Passed and adopted - August 24th, 1953.
Upon motion of Mrs. Woehle, seconded by Councilman ~abler, and
unanimously carried, the Foregoing Ordinance No.G-171 was passed
and adopted.
With reference to the annexation of Seagate Extension, lying
south of the present City limits, between State Road A1A and the
Intracoastal Canal, a request and consent signed by the owners of
this land, to annex said land into the corporate City limits, wqs
read as follows:
REQUEST AND CONSENT BY OWNFJIS TO
CITY OF DELRAY BEACH, FLO~{IDA, TO
ANNEX I~NI)S INTO COILPOIhiTE LIMITS.
WHEtiF~AS, Totterdale Development, Inc., a Florida corporation,
are the owners in fee ~imple of the Following described lands, which
are unincorporated and lying contiguous to the territorial limits of
the City of Delray Beach in Palm Beach County, Florida, to-wit:
ALL that p~rt of the South 1795 Feet o£ the North 3470 Feet
of Section 21, Township 46 South, Range 43 East, lying be-
tween the west right of way line of State Road A-l-A, and the
east right of way line of the Intracoastal Waterway, except
the tract bounded as Follows:
On the North by the Southerly boundary line of Lot "C" in
Block 16 of SEAGATE S~CTION "B" Plat Book 21, page 56,
Public Records of Palm Beach County, Florida; on the East
by the orolongation of the Easterly boundary of said. Lot "C";
on the South by a line parallel to and 150 Feet south of,
measured at right angles, the South boundary of the North
50 Feet of said Lot "C"; and on the West by the intracoastal
Waterway.
The above lands being and constituting that certain sub-
division known as SEAGAT~ EXTENSION, according to plat there-
of recorded in the Office of the Clerk of the Circuit Court
in and for Palm Beach CoUnty, Florida, in Plat Book 24, p.67.
WHEHI~AS, said owners do desire the City of Delray Beach, Flor-
ida to annex said lands within its territorial limits, provided,
however, said lands will not be subject to existing bonded indebt-
edness; and further, that the said lands will not be taxes in ex-
cess of an annual ad valorem tax of $5.00 per lot, for ten (10)
years From date of taking into the City; PROVIDED, HOWEVER, that
in the event that any such lot is sold by Totterdale Development,
Ind., or in the event that any buildig is constructed on any siad
lot, as per said ,lat, then said lot may be taxed without limita-
tion, except for bonded indebtedness as aforesaid; and
WH=hEAS, the City of Delray Beach, Florida, before annexing
said described lands, is required to obtain the consent and per-
mission o£ the owners of any tract of land proposed to be annexed
in accordance with the Charter i~'rovisions of said City, being
Chapter 27,510, Special Laws of Florida, Acts of 1951.
NOW, THF. RSFORE, for the purposes aforesaid, Totterdale Develop-
AUGUST 24, 1953
ment, Inc., a Florida corporation, the owners of the above des-
cribed property, do hereby consent and give t~eir permission to
the annexation of said lands by the City of Delray Beach and to
the inclusion of said lands within the co rporate limits of said
City.
IT IS FURTHEH UNDEItSTOOD that the first reading of the Ordi-
nance annexing said lands will be read at the regular meeting of
the City Council of the City of Delray Beach, Florida, on Monday,
August 24, 1953, and that said ordinance, in addition to providing
for the annexation of said lands will provide that the lands will
not be subject to existing bonded indebtedness and that taxation
will be limited as aforesaid.
IN ~.~'ITNMSS Wh%2REOF, the said Totterdale Development, Inc.,
a Florida corporation, has caused this Request and Consent by
Owners to City of Delray Beach, Florida to Annex Lands to be signed
in the name of the corporation, by the proper officers of said corp-
oration, and the corporate seal to be affixed, and attested by the
Secretary of said corporation, this the 21st day of August, A.D.,
1953.
TOTTERDALE ])EW,n~OPSIENT, INC.
BY: /S/ Robert Totterdale
President
ATTEST:
/S/ Richard L.
(Seal)
Upon motion of Councilman Kabler, seconded by Mrs. ~oehle, the
above Owners' Consent to the annexation of Seagate Extension was
approved and ordered filed.
The following Ordinance was then presented for first reading,
and same was read in full:
ORDINANCM NO. G-173
AN OHDINANCE ¢~F TH!~ CITY COUNCIL OF TtI~J CITY OF DEIA~AY
BEACH, P~LM B~i~ACH COUNTY, FLOEIDA, ANNEXING TO THE CITY
OF DELP~TY BEACH, THE FOLLOWING DESCI-;IBED TRACT OH PAR-
CEL OF LAND LOCATED IN r~ALM BEACH COUNTY, FLORIDA, ~LND
LYING CONTIGUOUS TO THE CITY OF DELHAY BF~CH, TO WIT:
ALL T~LIT PAIIT OF TIlE SOUTH 1795 FEET OF THE NOI~TH 3470
FEET OF SECTION 21, TOWNSIlIP 46 SOUTH, Pua~GE 43 EAST,
LYING BETWEEN THE WEST I{I~.llT OF WAY LINE OF STATE ROAD
A-1-A AND THE EAST I{IGHT OF WAY LINE OF THE INTBu~.COASTAL
WATERWAY, EXCEPT TIiE TRACT BOUNq)ED ~S FOLLOWS: ON THE
NORTH BY THE SOUTIE~LY BOUNDA]{Y LINE OF LOT C IN BLOCK
16 OF SEAGATE SECTION "B", PLAT BOOK 21, PAGE 56, PUBLIC
RE(~)RDS OF PALM BEACH COUNTY, FLOHIDA; ON TH~] EAST BY TItE
PROLONGATION OF THE EASTEliLY BOUNDAi{Y OF SAIl) LOT C; ON
THE SOUTH BY A LINE PARALLEL TO AND 150 FEET SOUTH OF,
M'EASUHED AT EIGHT A~.~GLES, THE WOUTH BOUNDARY OF
NORTH 50 FE,~{T OF SAID LOT C; AND ON THE WEST BY THE IN-
TP~%COASTAL WATERWAY. THE ABOVE LANDS BEING AND CONSTI-
TUTING THAT C~]RTAIN SUBDIVISION KNOWN AS SEAGATE
SION, ACCORDING TO PLAT T]IEi{EOF RFF, CO}[DED IN THE OFFICE
OF THE CLERK OF THE CIRCUIT ~OUi{T IN AND FOH PALM BEACtf
COUA~TY, FLOI{IDA, IN PLAT BOOK 24, PAGE 67, AND PHOVID-
ING SAID PROPEI{TY S~%LL NOT BE SUP, JECT TO F~\ISTING
~,~NDED INDEBTEDNt~SS OF TH!~ CITY OF DELILIY BEACH, FLOJ~IDA,
ANI) Pi{OVI[)ING FOH TAXATIO?~ OF
Upon motion of Councilman Kabler, seconded by Councilman Jacobs,
and: unanimously carried, the Foregoing Ordinance was placed in first
reading.
Recommendations for the extermion of the zone in which liquor
may be sold, as prepared and submitted by the City }lanager, were
then read, by }tr. Lovelace, who stated that if approved, these re-
commendations should be incorporated in the Liquor Ordinance~
AUGUST 24~, 1953
"Investigation was disclosed the following facts in connec-
tion with liquor control activities:
A - That the State Beverage Department limits the number of
licenses, both in the city and in unincorporated territory
outside the city to one for each 2500 population or nm jot
fraction thereof, as shown by the most recent federal or
state census; existing licenses, their renewals, and their
transfers, excepted;
B - That Delray Beach has seven "full" licenses (all beverages -
consumption on premises) plus one "club" license in the
white areas - and has three full licenses in the colored
area - all of which count toward the quota - so no new
licenses will he approved, except non-quota licenses (as
discussed below), until a population of at least 28,751
persons is attained.
C - That hotels of fifty rooms or more or restaurants having
a seat~'~g capacity of at least 200 persons A~UO occupying
at least 4000 square feet of floor space are issued non-
quota State licenses as being essential to the conduct of
the business;
B - That licenses from outside the City of Delray Beach are
not transferable to the City of Delray Beach and vice versa;
E - That, without local regulation, the S.B.D. will require li-
quor dispensing establishments to be 2500 Feet from a church
main entrance to main entrance), a school (main entrance to
nearest point of school grounds), or from another liquor
dispensing establishment (main entrmnce to main entrance) -
BUT, local legislation can establish its own legal distances,
more or less than 2500 feet, and the S.B.D. will ~orce the
LOCAL, not the State, provisions.
F - That a "package store" license is convertible to a full li- cense, counts as a full license.
The only questions that can be before us For some years
to come are questions of transfers within the City and
questions of a~nroval of nroposed non-quota establish-
ments.
In meeting these problems, it seems to me that:
A - The Council must consider that, by ~.nd large, these busi- nesses cater to transients and tourists;
B - That the arterial streets serving these people, and from
which they can be feasibly served are: Atlantic Avenue
for its full length - Federal Highway for its Cull length -
Eighth Street where zoned for business - and the first
S00 feet of Ocean Boulevard either way from the center
line of Atlantic Avenue;
C - That our Church and School distances (300 fee~) are minimal
now and should not be reduced;
we
D - That the number of non-quota licenses/will approve must
also be controlled, else other limitations are fairly
meanin gle s s.
Consequently, I recommend:
A - That the liquor zone be redefined to conform to "B" above;
B - That the specific locations of Oroposed liquor dispensing
establishments within this area be determined by private
economics and Bublic hearings on the applications as they
are submitted, all as judged by the Council;
C - Except that they will be 300 feet from a school or church
and 600 feet from another liquor dispensing establishment;
t01
AUGUST 24, 1953
D - And, except that liquor dispensing es%ablishments shall be limited as £ollows:
NET CIIANGE
1. To not more than two establishments on
2 Additional S. Federal Highway;
2. To not more than two establishments on
2 Additional N. Federal Highway;
3. To not more than six establishments on
Atlantic Avenue between the Canal and
No Change Swinton Avenue;
4. To not mare than four establishments on
Atlantic Avenue between Swinton Ave. and
1 Additional the west city limits;
5. To not more than one establishment in the
1 Additional Eishth Street business zone;
6. To not more than three establishments on
1 Additional Atlantic Avenue east of the canal;
7. To not more than one establishment south of,
and one north of, the center line of Atlantic
No change Avenue in the prescribed liquor zone;
8. To not m~re than one in the Seagate Cabana
No change ~lub area.
E - Provided further -
That non-quota licenses, whose license is issued in connec-
tion with a primary business (hotel or restaurant) be denied
the privilege of indicating by any outside sign whatsoever
that alcoholic beverages are served or sold on the premises.
That, because of the limited number of licenses available,
no licensee having a direct or indirect interest in any
one City license shall have any interest, direct or indir-
ect, in any other City license - existing interests excepted.
This control program seems to me adequate, conservative, and geared
to the usual ratio of licenses - one (quota or non-quota) to each
thousand population, assuming a 17,000 seasonal (white and colored)
population. That ratio is used in Fort Lauderdale in a widely re-
spected liquor control ordinance. I believe these areas are gen-
uine tourist-trade areas, and that legitimate businesses must be
expected and allowed in them. These provisions will limit the num-
ber of bar, taproom, or cocktail lounge signs to eight in white
town, three in colored - though six more establishments may, in
fact, exist. I do not think that number excessive, nor that the
areas for their location are illogical. I do believe that we are
obliged to recognize the human wants of our peoples, and to make
provision for their satisfaction, even though a few others may ob-
ject. The ~lan limits the absolute number of licenses, and should
be fir~.~
Three objections to the extension of the present Liquor Zone
were filed; from Mr. henry Wick, an owner of property on S.E. 7th
Avenue, the Methodist Church, and the Christian Science Church.
Mr. Lovelace further explained that the number of licenses al-
lowed in this City by the State Beverage Department is used up,
and only non-quota licenses can be issued, namely - a 50 room
Hotel, or a restaurant with a seating capacity of 200 and 4000
sq.feet of floor space, ltowever, an existing license can be trans-
ferred to another location in the liquor zone, u.~on approval of the
City Council. (A non-qudta license is not tramsferable). The sale
of liquor is a legitimate business, and caters to the demand of the
public, M~. Lovelace stated, and he felt this proposed liquor zone
extension to be fairly conservative for the future growth of the
City.
Councilman Kabler contended that large hotels and restaurants
should be granted a liquor license in any location upon complying
with requirements of the State Beverage Department, as it is essen-
tial to their operation. The Council as a whole concurred with
AUGUST 24, 1953
Mr. Kabler, if such provision is included in the Liquor Ordinance.
Mr. John 13. White, Vice-Chairman of the Board of Directors of
the 1mt Church of Christ Scientist, vigorously protested the ex-
tension of the liquor district, especially to include property at
310 S. Federal Highway.
~irs. Georgia Lapham, owner of ?roperty in the vicinity of S.E.
7th Ave. and 3rd St. objected to any Council action on this issue,
which affects the entire City, at a time when many ~roperty owners
are out of the City, and when a full Council is not present.
Councilman Kabler then advised that the Council was taking no
action at this meeting, merely discussing a proposed Ordinance. He
expressed the opinion that as the liquor zone has to be extended
somewhere, it should be along the main traffic area, where the tour-
ists travel. The distance from a Church is regulated, and free
competition is needed, and 'ne felt that the recommendations of the
City Manager were fair and reas~nable. _
Mrs. Lapham questioned the necessity for extending the liquor
zone if the quota of liquor licenses in the City is filled. She
suggested that the number of restaurants serving liquor be limit-
ed, but not the ones w'~ich do no.
Mr. Robert Fleming, a ~roperty owner, stated that he could see
no objection to a hi~-cless restaurnat on the Federal iIighway
being permitted to serve alcoholic beverages.
Attorney Harry Newett, representing Michael P. Corrigan, ad-
dressed the Council with reference to a provious request made for
an amendment to the Liquor Ordinance to allow the sale of liquor
for consumption on the '~remises, instead of in packages only, as
now permitted, on N.E. 8th St. between 5th and 7th Avenues. lie
stated that a Beer and Wine Bar is being operated by or. Corrigan
at 657 N.E. 8th St., and a Package Store license was approved sev-
eral months ago, therefore the character of this area ~uld not be
changed. As Mr. Cori~igan was negotiating for the purchase of the
"Beach Shack" license, he asked for immediate action by the Council.
After consideration, a motion was made by Councilman aabler
that the Council express its approval of the transfer of liquor
license (for cons~unption on the nremises) from the "Beach Shack"
to 657 N.E. 8th St., to Mr. Michael P.Corrigan, operating the "Sail
Inn 5ar" and that the necessary amendment be made to the Liquor
Ordinance to allow such operation, i~e motion was seconded by
Mrs. Woehle, and upon call of roll ca~ried unanimously.
The following Ordinance was then presented by the City Attor-
ney, and same was read in full:
AN ORDINANCE OF ~IE. CITY COUNCIL OF THE
CITY OF DELIIAY BEACH, FLORIDA, AMEN*FF~.~ G
SECTION 17, AS ~LMA~.~D~i]I), OF CHAPTER VIII
OF TIlE CITY CODE OF DEL~XY BEACIt, FL0~[IDA,
BY ~?,0VIDING T AT INTOXICATING LIQUORS MAY
BE SOLD ON T!I~ PREMISES ALONG 8TH STREET
AS SET ~OET~I IIEiiEIN.
A motion was made by Councilman Kabler, and seconded by Mrs.
Woehle, that the foregoing Ordinance be placed on first reading.
Upon call of roll the motion carried, Mayor kern, Councilman Kab-
let, and Colkncilwoman Woehle voting in favor of the motion, and
Councilman Jacobs voting against. (Mr. Jacobs felt that the number
of liquor establishments licensed at the present time to be suf-
ficient for a City df this size.)
Attorney John H. Ada~ms, representing Pit. Charles Wenderoth, Sr.,
then addres,::ed the Council with reference to a request filed sev-
eral weeks ago for license to sell liquor at 310 S.Federal iiigh-
way. .~Ir. Adams presented plans and sketches of the design of pro-
posed alterations to the building, showing respective arced of the
bar and restaurant, also showing a seating capacity for over two
hundred chairs, and a floor area of approximately 4,060 square feet.
Adequate parking space has been arq ~ired, ~lr. Adams advised, and
all other regulations would be complied with. He asked the Council
to act on this request in order to make it possible to operate th~s
season. He also ?ointed out that the ap?licant for licenses to op-
erate the restaurant, if serving alcoholic beverages, would have
to be apnroved by the City Council.
Although several protests were filed from the audience, Council-
man Kabler felt that permit for a new restaurant in the City should
not be denied, and moved that the recommendations of the City Maria-
AUGUST 24, 1953
get to extend the zones in which liquor may be sold (which would
include this location) be approved, with a provision that hotels
of fifty or more rooms, square feet of floor space be granted non-
quota licenses, and tlmt the City Attorney be instructed to pre-
pare an amendm~qt to the liquor ordinance to incorporate the ex-
tensions of the liquor zones as outlined. The motion was seconded
by ~lrs. ~.~oehle, and upon call o£ roll carried, Mayor l*,ern, i,ir. kab-
let and ~rs. Woehle voting in ~avor o~ the motion~ and Mr. Jacobs
voting against it.
A2plication ~or license to sell liquor at 917 ;~.Atlantic Ave.~
~iled by V. S. ~ray~ was presented ~or approval by the City I. lana-
ger~ who advised that )ir. ~ray had good re~erences~ and no police
record, and intended to operate a Colored Ni~t Club ~der the name
o~ the Golden Slip-er. This would be a new non,quota license.
Upon motion o~ Co~cilman I(able~ and seconded by
the lic~se was a-~ved as outlined above~ Mayor ,~ern, Co~cilm~
Kabler and i,lrs. Woehle voting in ~avor o~ the motion~ and Co~cil-
man dacobs oppos~g.
Application ~or lic~se to sell liquor in a ~ty room hotel
located at 240 Veneti~ ~rive, ~iled by Fred C. Franke~ Jr.~ ~d
6ugene q. Ballard, was ~resented by the City Manager.
~r. Lovelace explain:ed that the liquor zone would have to be
extended to include this location before license could be gr~nted.
After ~nsideration~ Mrs. Woehle moved that the applicants be ad-
vised that their a-plication will be reconsidered when State re-
quirements hav~ been come, lied with, and subject to the app~val
the City Attorney. The motion was seconded by Councilm~ ~abler~
and upon call of roll carrie~ ~ayor :*~e~, Councilm~ ,~abler, a~
)irs. ;~oehle voting in favor o~ the motion~ and Co~cilm~ J~.cobs
opposing.
Final estimate o~ the ~itmire T~k Co. ~or ~smantling~ mov~g
and reerecting small water tank in the ~o~t o~ ~ 23, 970.00, was
filed by the City ~a~ger, who advised that the contract }~d been
satisfactorily ~mpleted, and reco~ded payment be rode.
Upon motion of Mrs. Woehle, seconded, by Councilm~ Kabler,
~animously carried, payment to the W'~itmiPe Tank Co. in ~ above
amount was aut]~o~ized.
Final esti~te of the Hubin Construction Co. for Pesurfac~g
certain City streets, in the amour of $19,21~.45, was filed by~
the City Manager, who stated that work had been completed, and he
reco~m}ended nayment of the balance due on their ~ntPact.
Upon motion of Co~cilman kableP, seconded by PIPS. Wo~le, and
~animously carried, final ~yment to the }{ubin Const~ction Co.
in the above amour was authorized.
Statement fop balance due George S. B~ckway for ~gineeP~g
fees in connection wi~ the contr~ ct For street resurface, in the
amount of $1,537.40, was presented for approval, and upon motion
of Mrs. ~{oehle, seconded by Councilman Kable~, and ~animously car-
Pied, this payment was authorized.
City Manager Lovelace advised ~at ~Ks report ~d Assessment
Rolls on Pesurfac~g nrojects, which appear on the Agenda fop this
meeting, were not ~mplete, and would be presented at a later meet-
ing.
A special meet~g to consider the 1953-1954 budget, as prepared
by the City 51anager, was sd]eduled to be held at 7:30 P.M. on Wed-
nesday, Au~st ~6%h, 195~.
The meeting ~en adjourned.
City Clerk
AP '[{OVED:
'Mayor