Ordinance 581 ORDINANCE NO. 581
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, REGULATING THE HANDLING, STORAGE
AND SALE OF CERTAIN FOODS IN THE CITY OF
MIAMI BEACH, ANDPROVIDING PENALTIES FOR
ITS VIOLATION.
BE IT ORDAINED BY THE CITY COUNCIL OF TEE CITY OF MIAMI BEACH FLORIDA:
SECTION I: A person,who, with intent to defraud, puts upon an article
of merchandise, or upon a cask, bottle, stopper, vessel, case, cover,
wrapper, package, band, ticket, laid. or other thing, containing or covering
such an article, or with which such an article is intended to be sold, or
is sold, any false description or other indication of or respecting the
kind, number, quantity, weight or measure of such article, or any part
thereof, or the plane or country where it was manufactured or produced or
the quality or grade of any such article, if the quality or grade thereof
is required by law to be marked, branded or otherwise indicated on or with
such article; or, sells or offers for sale an article, which to his know-
ledge is falsely described or indicated upon any such package, or vessel
containing the same, or label thereupon, in any of the partioulars specified;
or, sells or exposes for sale any goods in bulk to which no name or trade-
mark shall be attached, end orally or otherwise represents that such goods
are the manufacture or production of some other than the actual manufacturer
or producer, in a case where the punishment for such offense is not specially
provided for otherwise by statute; or, sells or exposes for sale any meat
or meat preparation and falsely represents the same to be kosher, or as
having been prepared under and of a product or products sanctioned by the
Orthodox Hebrew religious requirements; or falsely represents any food
product or the contents of any package or container to be so constituted
and prepared,by having or permitting to be inscribed thereon the word
"kosher" in any language; or sells or exposes for sale in the wane place
of business both kosher and nonkosher meat or meat preparations who fails
to indicate on his window signs and all display advertising, in block
letters at least four inches in height, "kosher and nonkosher meat sold
here'; or who exposes for sale in any window or place of business both
kosher and nonkosher meat or meat products who fails to display over such
meat or meat preparation so exposed a sign in block letters at least four
inches in height reading "kosher meat," or Bonkosher meat," as the case
may be is guilty of a violation of this ordinance.
SECTION II: A person who, with intent to defraud, sells or exposes for
sale any meat or meat preparation, article of food or food product and
falsely represents the same to be kosher, whether such meat or meat pre-
paration, article of mod or food product be raw or prepared for human
consumption, or as having been prepared under and of a product or products
sanctioned by the orthodox Hebrew religious requirements, either by direct
statement orally or in writing, or falsely represents any food product or
the contents of any package or container to be so constituted and prepared,
by having or permitting to be 'inscribed thereon the word "kosher" in any
language; or sells or exposes for sale in the same place of business both
kosher and nonkosher meat or meat preparation, either raw or prepared for
human consumption, who fails to indicate on his window signs and all dis-
play advertising, in block letters at least four inches in height, "kosher
and nonkosher meat sold here"; or who exposes for sale in any show window
or place of business both kosher and nonkosher meat or meat preparation;
either raw or prepared for human consumption, who fails to display over
each kind of meat or meat preparation so exposed a sign in block letters
at leatt four inches in height reading "kosher meat," or "nonkosher meat,"
as the case may be, or who displays on his window, door, or in his place
of business, or in handbills or other printed matter distributed in or
outside of his place of business, words or letters in Hebraic characters
or any sign, emblem, insignia, symbol or mark in simulation of sane, the
display of which might reasonably be calculated to deceive or lead a person
to believe that a representation, express or implied, is being made that
the meat or meat preparation exposed for sale is kosher and in conformity
with prescribed orthodox Hebrew religious requirements, is guilty of a
violation of this ordinance.
SECTION Ins A person who with intent to defraud, sells or exposes for
sale in any hotel, restaurant or other place where food products are sold
for consumption on the premises, any meat or meat preparation or any article
of food or food preparations and falsely represents the same to be kosher
or as having been prepared in accordance with the orthodox Hebrew religious
requirements, either by direct statements, orally or in writing, or by the
display of the word "kosher" in English or Hebrew letters, or by the display
of any sign or mark in simulation of such word, or by the display of any
insignia, six-pointed star, or any mark which might reasonably be calculated
to deceive or lead a reasonable person to believe that a representation is
being made that the food sold is kosher or prepared in accordance with the
orthodox Hebrew religious requirements; or sells or exposes for sale in
such hotel, restaurant or such other place both kosher and nonkosher food
or food preparations for consumption on the premises not prepared in
accordance with the Jewish ritual or not sanctioned by the Hebrew orthodox
religious requirements and who fails to display on his window signs and
all display advertising in block letters at least four inches in height
"kosher and nonkosher food served here"; or who displays within or outside
such hotel, restaurant or other place or on a window or door thereof, or
in handbills or other printed matter distributed in or outside such hotel,
restaurant or other place, words or letters in Hebraio characters or any
sign, emblem, insignia, symbol or mark in simulation of same, the display
of which might reasonably be calculated to deceive or lead a reasonable
person to believe that a representation is being made that the food sold
or offered for sale is kosher or prepared in accordance with the orthodox
Hebrew religious requirements, shall be guilty of a violation of this
ordinance.
SECTION IVs A person who wilfully marks, stamps, tags, brands, labels
or in any other way or by any other means of identification, represents
or causes to be marked, stamped, tagged, branded, labeled or represented
as kosher or as having been prepared in accordance with the Hebrew orthodox
religious requirements or as having been approved or sanctioned by or pre-
pared under the direction or supervision of a rabbi or other person vested
with or designated by rabbinical authority, any meats, meat preparations,
articles of food or food products not kosher, not so prepared or not so
approved, sanctioned or prepared, as the case may be, or, wilfully removes,
defaces, obliterates, covers, alters or destroys or causes to be removed,
defaced, obliterated, covered, altered or destroyed the original slaughter-
house plumba or any other mark, stamp, tag, brand, label or any other means
of identification customarily affixed to meats, meat preparations, food or
food products to ihdicate that such meats, meat preparations, foods or
food products are kosher or have been prepared in accordance with the Hebrew
orthodox religious requirements or have been approved or sanctioned by or
prepared under the direction of a rabbi or other person vested with or
designated by rabbinical authority, or, knowingly sells, disposes of or
has in his possession, for the purposeof resale to any person as kosher,
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any meats, meat preparations, food or food products not having affixed
thereto the original slaughter-house plumbs or any other mark, stamp, tag,
brand, lable or other means of identification customarily employed to
indicate that such meats, meat preparations, food, or food products are
kosher or have been prepared in accordance with the Hebrew orthodox
religious requirements or any meats, meat preparations, food, or food
products to which such plumb', mark, stamp, tag, brand, label or other
means of identification has or have been fraudulently affixed, or, does
or causes to be done any of the acts mentioned in this section for the
purpose or with the intent of violating or causing to be violated the
provisions of section one, two and three of this ordinance is guilty of
a violation of this ordinance.
SECTION V: Any person who shall violate or fail to comply with any
of the provisions of this ordinance shall be punished by a fine of not
Doss than One Hundred ($100:00) Dollars nor more than Five Hundred ($500.00)
llars, or be imprisoned for not more than Ninety (90) days, or both,
in the discretion of the Court.
SECTION VI: Ordinance No. 299 and all ordinances or parts of ordinances
in eonfifa herewith are hereby repealed.
PASSED AND ADOPTED THIS 21 DAY OF October, ,
A. D. 1940.
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d?-41A-VW At46,,, ,
ACT MAYER OF THE CITY OF MIAMI ; CH
ATTEST
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First Reading: Oct. 9th, 1940
Second Reading: Oat. 9th, 1940
Third Reading: Oct.2lst, 190
Posted: Oct. 28th, 190
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STATE OF FLORIDA )
COUNTY OF DADE )
I, C. W. TOMLINSON, City Clerk in and
for the City of Miami Beach, Florida, do hereby certify
that Ordinance No. 581 entitled "AN ORDINANCE OF THE
CITY OF MIAMI BEACH, FLORIDA, REGULATING THE HANDLING,
STORAGE AND SALE OF CERTAIN FOODS IN THE CITY OF MIAMI
BEACH, AND PROVIDING PENALTIES FOR ITS VIOLATION" , having
been passed and adopted by the City Council of the City
of Miami Beach, Florida, has been posted by me in three
conspicuous places in the City of Miami Beach, one of
which was at the door of the City Hall in said City on
the 28th day of October, A. D. , 1940, and that said or-
dinance remained posted for a period of at least thirty
days in accordance with the requirements of the City
Charter of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my
hand and affixed the official seal of the City of Miami
Beach,OFlorida, on this the 4th day of December, A. D.,
1940.
City Clerk
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