Ordinance 590 .
ORDINANCE NO. 590
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, PROVIDING FOR THE LICENSING AND
REGULATING OF ANY PERSON, FIRM OR CORPORA-
TION ENGAGED IN THE BUSINESS OF DISPLAYING,
SELLING OR OFFERING FOR SALE ANY SHEET,
PAPER OR PAMPHLET PREDICTING THE RESULT OF
A HORSE OR DOG RACE; REQUIRING THE FINGER-
PRINTING,
INGER-
PRINTING, PHOTOGRAPHING AND REGISTERING OF
PERSONS ENGAGED IN SUCH BUSINESS; PROVIDING
PENALTIES FOR ThE VIOLATION OF THE PROVISIONS
OF THIS ORDINANCE; AND REPEALING ALL ORDI-
NANCES IN CONFLICT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI .MACH,
FLORIDA:
SECTION 1. That hereafter no person, firm or corporation shall
engage in or manage the business of displaying,
selling or offering for sale any sheet, paper or pamphlet , the
purpose of which is to predict the outcome of any hoarse or dog
race without first having complied with the following rerlations:
(1) Before any applicant for a license under the
terms and provisions of this ordinance shall be
authorized to engage in such business he must first present
himself to the Bureau of Identification of the Police Department
of the City of Miami Beach for registering, fingerprinting and
photographing, and shall obtain a certificate from the Chief of
Police certifying that the applicant has not been convicted of
any felony prior to the date of the application. If the appli-
cant for such license has been convicted of any felony prior to
his application, no license shall be issued. No person shall
engage in or be employed in managing, displaying, selling or
offering for sale any sheet , paper or pamphlet covered by the
terms of this ordinance without first having been registered,
fingerprinted and photographed by the Police Department and
issued a certificate certifying that he has not been convicted
of any felony. In the event such person shall have been con-
victed
on-
victed_ of a felony, it shall be unlawful for him to engage in or
be employed in the business herein described.
(2) Upon presentation of a certificate from the
Chief of Police provided for in the preceding
paragraph, to the City Clerk of the City of Miami Beach, and
upon filing an application with the City Clerk and payment of
an annual license fee in the amount of 3500.00, the applicant
shall be issued a license authorizing him to engage in such
business, it being understood that each place or location in
the City of Miami each where the business of displaying, sell-
ing or offering for sale , any sheet, paper or pamphlet as des-
cribed above , must have a separate license and pay a separate
license fee, as prescribed herein.
(3) All licenses issued in conformity with the pre-
ceding paragraph shall become due and payable
November 1st of each year and shall expire October 31st of the
following year. All applications made between November 1st and
May 1st shall pay the full fee, and all applications made between
May 1st and October 31st shall pay one-half the full fee.
SECTION 2. That no sheet , paper or pamphlet described in
Section 1 of this ordinance shall be printed except
under the true and correct name of the person making such pre-
iction, and all such sheets, papers and pamphlets shall contain
the following words stamped thereon "Predictions made prior to
12: 00 Noon on the day of , 19 , t' with
the true date inserted in the blank spaces appearing thereon.
e �
SECTION 3. That no person, firm or corporation shall display,
sell or offer for sale, .any sheet , paper or pamphlet
described in Section 1 of this ordinance without first having
registered the prediction of the horses or dogs designated to
win, with the Chief of Police of Miami Beach, or his duly author-
ized agent , not later than 12:00 Noon of the day on which the
race is to be held and about which the prediction is made. All
advertising of whatsoever kind and nature shall be subject to
the approval of the Chief of Police of said City; shall not con-
tain any statement indicating or implying that the information
therein contained has been approved or recommended by the City
of Miami Beach or any official thereof, and shall be filed before
12:00 Noon of the day on which the race is to be held or about
which the prediction is made, with the Chief of Police, the
Postal Inspectors of the City of Miami Beach, and, if a news-
paper advertisement, with said newspaper, before said time.
SECTION 4. That hereafter no person, firm or corporation shall
print or cause to be printed any sheet, paper or
pamphlet predicting the outcome of any horse or dog race sub-
sequent to the holding of said race.
SECTION 5, That any person, firm or corporation violating or
failing to comply with any of the provisions of this
ordinance shall be punished by a fine not exceeding $500.00, or
imprisonment for a term not exceeding sixty (60) days, or by
both such fine and imprisonment , within the discretion of the
Municipal Judge. When any person has been convicted of a viola-
tion of this ordinance, his license may be revoked at the dis-
cretion of the Municipal Judge.
SECTION 6. Whereas an emergency exists, the welfare of the City
of Miami Beach being imperiled, the City Council
believing it to be for the protection of the citizens thereof,
this ordinance shall be given three readings at one meeting of
the City Council and shall be in full force and effect upon its
passage and approval.
SECTION 7. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to
be unconstitutional or invalid, such a decision shall not affect
the validity of the remaining portions of this ordinance, the
City Council hereby declares that it would have passed this
ordinance and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared
unconstitutional or invalid.
SECTION 8. All ordinances and parts of ordinances in conflict
herewith shall be, and the same are hereby repealed.
PASSED AND ADOPTED this 2nd day of January, A. D. , 1941.
. , •
Mayor ... --
A-T " T:
dia°411 -
City Clerk
(SEAL)
1st Reading - January 2nd, 1941.
2nd Reading - January 2nd, 1941.
3rd Reading - January 2nd, 1941.
Posted - January 3rd, 1941.
STATE OF FLORIDA)
)
COUNTY OF DADE )
I, C. W. TOLLINSOIT, City Clerk in and for
the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 590, entitled "AN ORDINANCE OF TTY CITY OF
MIAT.'I BEACH, FLORIDA, PROVIDING FOR THE LICENSING AND RE-
GULATING OF ANY PERSON, FIRM CR CORPORATION ENGAGED IN THE
BUSINESS OF DISPLAYING, SELLING OR OFFERING FOR SALE ANY
SHEET, PAPER OR PAMPHLET PREDICTING THE RESULT OF A HORSE
OR DOG RACE; REQUIRING THE FITGER-PRINTING, PHOTOGRAPHING
AND REGISTERING OF PERSONS ENGAGED IN SUCH BUSINESS; PRO-
VIDI' G PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS
ORDINANCE; AND REPEALING AIL ORDINANCES IN CONFLICT", having
been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three con-
spicuous places in the City of Miami Beach, one of which was
at the door of the City 'Tall in said City on the 3rd day of
January, A. D. , 1941, and that said Ordinance remained posted
for a period
of at least thirty days in accordance with the require-lents
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,
Florida, on this the 11th day of February, A. D. , 1941.
lty Clerk
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