City of Wilton Manors v. Starling, 1401
Decision Date | 20 May 1960 |
Docket Number | No. 1401,1401 |
Parties | CITY OF WILTON MANORS, Florida, a municipal corporation, et al., Appellants, v. J. Frank STARLING et al., Appellees. |
Court | Florida District Court of Appeals |
Frank B. Akerman and Mildred S. Akerman, Fort Lauderdale, for appellants.
Warren O. Windle, Fort Lauderdale, for appellees.
This is an appeal from a final order of the lower court holding a municipal ordinance of the appellant city invalid.
The facts are not in dispute and sole question on appeal is the validity of the subject ordinance.
On December 18, 1956, appellant enacted ordinance No. 74 relating to the retail sale of alcoholic beverages. Section 1 of the ordinance defined 'Restaurant Bar' and among other items, required that such a bar be a service bar and prohibited bar stools at such bar.
Subsequent to the enactment of the above ordinance, a special license for the retail sale of alcoholic beverages for consumption on the premises was issued on December 18, 1958, by the appellant to Manor Flame Restaurant and Lounge, Inc., which is owned and operated by the appellee. On February 12, 1959, the State and Broward County issued a special license for consumption of alcoholic beverages on the premises to appellees.
On February 20, 1959, appellee was arrested for violating ordinance No. 74 in that appellee operated a restaurant bar in the Manor Flame Restaurant and Lounge and permitted patrons to be served alcoholic beverages while occupying bar stools at the bar. Appellee filed a suit for declaratory decree seeking to have ordinance No. 74 declared invalid.
After a hearing on the cause, the lower court entered a final decree holding ordinance No. 74 invalid by stating:
Ordinance No. 74 is entitled:
'An ordinance amending Ordinance No. 7 to define 'Restaurant Bar' and re-defining 'Hotel Bar' and amending the provisions for the requirements and operation of bars holding the aforementioned licenses and for the transfer of said licenses.'
Section I, which was declared invalid by the lower court, supra, provides:
"Restaurant Bar' means a bar operated in connection with a restaurant and by the same owner or management, and in a business zoned area, which restaurant has all necessary equipment and supplies for and serves full course meals regularly and where the principal business is the serving of meals and having accommodations at all times for service of 200 or more patrons at tables and occupying more than 4,000 square feet of space. The restaurant bar must be directly connected with such dining room, must be a service bar for patrons of such restaurant, and no stools shall be permitted at such bar and intoxicating liquors must be sold by the drink only from said bar. No package goods shall be sold from said bar, nor shall a package store be permitted upon the premises. Only one restaurant bar, license as provided in Ordinance No. 7, Section .02, Sub. (2), Sub. (c), permitted to be operated at such location in connection with such dining room, and such license cannot be moved to new location, and must be issued in the name of the owner or management. Such license, or any renewal thereof, must be marked
In passing upon the validity of a municipal ordinance, a construction should be accorded thereto so as to render the ordinance legal, if possible, and the reviewing court should construe it so as to give a reasonable effect to its provisions. City of Miami v. Kayfetz, Fla.1957, 92 So.2d 798. The courts of this and other states are always reluctant to declare a municipal ordinance invalid in view of the principle that the citizens of a municipality through their local legislative body should be permitted to determine what regulatory measures are needed for their own self-government. State ex rel. Harkow v. McCarthy, 126 Fla. 433, 171 So. 314; City of Tacoma v. Keisel, 68 Wash. 685, 124 P. 137, 40 L.R.A.,N.S., 757.
In order to be upheld the ordinance must have been enacted within the powers of the municipality and be reasonable, equal, and impartial in operation. It is fundamental, however, that municipal ordinances are inferior in status and subordinate to the laws of the state. Accordingly, an ordinance must not conflict with any controlling provision as principle of law, and if any doubt exists as to the extent of a power attempted to be exercised which may affect the operation of a state statute, the doubt is to be resolved against the ordinance and in favor of the statute. See City of Coral Gables v. Seiferth, Fla.1956, 87 So.2d 806; Ex parte Wise, 141 Fla. 222, 192 So. 872; 23 Fla.Jur. Municipal Corporations, sec. 93.
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