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Ordinance 640 �..T • s .f' -- ORDINANCE NO. 640 AN ORDINANCE PROHIBITING THE DRIVER OF ANY TAXI-CAB OR OTHER PASSENGER VEHICLE FOR HIRE WHILE ENGAGED IN SUCH OCCUPATION WITHIN THE CITY OF MIAMI BEACH, FLORIDA, FROM SOLICITING THE PATRONAGE OF ANY PASSENGER IN THE VEHICTE DRIVEN BY HIM FOR ANY HOTEL, INN, APARTMENT HOUSE OR NIGHT CLUB; PROHIBITING ANY SUCH DRIVER FROM DIVERTING OR ATTEMPTING TO DIVERT A PROSPECTIVE GUEST OF ANY HOTEL, INN, APARTMENT HOUSE OR NIGHT CLUB TO ANY OTHER HOTEL, INN, APARTMENT HOUSE OR NIGHT CLUB; PROHIBITING THE OWNER, MANAGER, LESSEE, OR OPERATOR OF ANY SUCH ESTABLISHMENT WITHIN SAID CITY AND ANY OF THEIR AGENTS, SERVANTS OR EMPLOYEES FROM PAYING ANY SUCH DRIVER ANY REWARD OR COMPENSATION DIRECTLY OR INDIRECTLY FOR SOLICITING GUESTS FOR SUCH ESTABLISHMENT OR FOR DIVERTING ANY PROSPECTIVE GUEST FROM ANY OTHER HOTEL, INN, APARTMENT HOUSE OR NIGHT CLUB THERETOFORE DESIGNATED BY HIM AS HIS CHOICE TO THE HOTEL, INN, APARTMENT HOUSE OR NIGHT CLUB OWNED, MANAGED, LEASED OR OPERATED BY THE PARTY PAYING OR OFFERING TO PAY SUCH REWARD OR COMPENSATION; PROHIBITING ANY SUCH DRIVER FROM RECEIVING FROM ANY PERSON ANY REWARD OR COMPENSA- TION DIRECTLY OR INDIRECTLY FOR ANY SUCH SOLICITA4 TION OR DIVERSION; PROVIDING PENALTIES FOR THE VIOLATION HEREOF; REQUIRING THE CLERK OF THE MUNICIPAL COURT TO TRANSMIT A CERTIFIED COPY OF THE CONVICTION OF ANY SUCH DRIVER OF A TAXI-CAB OR OTHER PASSENGER VEHICTP FOR HIRE, OR OWNER, OPERATOR, MANAGER OR LESSEE OF ANY HOTEL, INN,APARTMENT HOUSE OR NIGHT CLUB TO THE BOARD, CITY COUNCIL, OR OFFICIAL HAVING AUTHORITY TO REVOKE THE LICENSE OF SUCH CON- VICTED PERSON; PROVIDING THAT IF ANY SECTION HEREOF IS DECLARED INVALID FOR ANY REASON, SUCH INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE REMAINING SEC- TIONS HEREOF; AND REPEALING ORDINANCES NO. 3180 NO. 502, NO. 537 AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, there has lately developed within the City of Miami Beach, Florida, a fraudulent practice among drivers of taxi-ecabs and other passenger vehicles for hire engaged in the transportation of visitors and guests from railroad stations, docks, bus stations, airports and other termini to the various hotels, inns, apartment houses and night clubs within said City, and of diverting prospective patrons of such establishments from the places of their choice to establishments which offer secret monetary rewards to such drivers for such diversion; and WHEREAS, such diversion is in most instances accomplished by a misrepresentation, results in unjust injury to the reputation of reputable hotels in said City and creates unnecessary contention and strife among hotel, inn, apartment house and night club owners, operators, managers and lessees; and WHEREAS, such annoying solicitations of importunate drivers result in confusion, inconvenience, annoyance, embarrassment and financial loss to said prospective patrons Of such establishments who are visitors to said City; and WHEREAS, the housing and entertainment of such visitors constitutes the major industry of said City, and their comfort and convenience is therefore a matter affected with the public interest; and e. WHEREAS, the reputation of taxi-cab companies and others engaged in passenger transportation is likewise adversely affected by such practice; and WHEREAS such practice is manifestly conceived and carried out with a fraud&lent design to mislead passengers in such conveyances under the pretense of offering free, impartial and gratuit•us suggestions; and WHEREAS, the s aid practice is fostered and encouraged by the pay- ment of the aforesaid secret monetary rewards to said drivers by un- scrupulous hotel, inn, apartment house and night club owners, managers, lessees and operators; and WHEREAS, the aforesaid fraudulent practice has become a public nuisance, which has now reached the proportions of "racketeering", and such practice is so prevalent that the compensation paid said drivers by such hotel, inn, apartment house and night club owners, managers, lessees and operators has become known by a commonly designated name, to-wit, "turkey money"; and WHEREAS, said practice has become so prevalent that a legitimate hotel, inn, apartment house, night club and similar establishment which refuses to pay said drivers the aforesaid bribery and graft, denominated "turkey money", is being unjustly deprived of a large number of guests who otherwise would normally patronize such legitimate establishments; and WHEREAS, such practice of said drivers necessarily diverts their attention from the safe and careful operation of their vehicles to the improper purpose of conversing with, arguing with and persuading their passengers in an effort to divert such passengers to the hotel, inn, apartment house or night club of the driver' s choice -and is, therefore, manifestly detrimental to the public safety and creates hazards not ordinarily incident to traffic upon the streets of said City; and WHEREAS, uninformed visitors to this City who arrive at said termini or at points within said City with the intention of patronizing reputable hotels, inns, apartment houses, night clubs or other similar establish- ments which have been recommended to them are deceitfully diverted from such establishments whose proprietors refuse to pay said "turkey money", all to the detriment of the reputation of the City of Miami Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. It shall be unlawful for the driver of any taxi-cab or other passenger vehicle for hire while engaged in such occupation within the City of Miami Beach, Florida, to solicit the patronage of axy passenger in the vehicle driven by him for any hotel, inn, apartment house, or night club. SECTION 2. It shall be unlawful for the driver of any taxicab or other passenger vehicle for hire 'Wane engaged in such occupation within the City of Miami Beach, Florida, to divert or attempt to divert a prospective guest of any hotel, inn, apartment house of night club to any other hotel, inn, apartment house or night club. SECTION 3. It shall be unlawful for the owner, manager, lessee or operator of any hotel, inn, apartment house or night club or any of their agents, servants, or employees to pay or offer to pay within the City of Miami Beach, Florida, to the driver of any taxi-,cab or other passenger vehicle for hire any reward or compensation whatsoever, directly or indirectly, for soliciting while engaged in such occupation as taxicab driver or driver of any other passenger vehicle for hire, passengers or prospective passengers of his taxi-cab or other passenger vehicle for hire to become guests of the hotel, inn, apartment house or night club of said owner, manager, lessee or operator thereof. SECTION 4. It shall be unlawful for the owner, manager, lessee or operator of any hotel, inn, apartment house or night club or any of their agents, servants or employees to pay or offer to pay within the City of Miami Beach, Florida, to the driver of any taxi-cab or other passenger vehicle for hire any reward or compensation, directly • d • • r A #• a or indirectly, for the diversion of any prospective guest from any other hotel, inn, apartment house or night club theretofore designated by said guest as the chice of said guest to any hotel, inn, apartment house er night club owned, managed, leased or operated by the principal, master or employer of the party paying or offering to pay such reward or compensation. SECTION 5. It shall be unlawful for the driver of any taxi-cab or other passenger vehicle for hire to receive or agree to receive within the City of Miami Beach, Florida, from the owner, manager, lessee or operator of any hotel, inn, apartment house or night club or any of their agents, servants or employees any reward or compensation, directly or indirectly, for, (a) Soliciting guests while engaged in such occupation as taxi-cab driver or driver of any other passenger vehicle for hire, within the City of Miami Beach, Florida, for any hotel, inn, apartment house or night club, or (b) Diverting guests, prospective guests.or passengers in such vehicles to any hotel, inn, apartment house or night club from any other hotel, inn, apartment house or night club theretofore designated by any guest, -prospective guest Jr pacsenger in such vehicle as his choice. SECTION 6. Any person violating the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not more than `- 1000.00 or by imprisonment for a period of not more than 90 days, or by both such fine and imprisonment, in the discretion of the Court. SECTION 7. Upon conviction of the driver of any taxi-cab or other passenger vehicle for hire or the owner, manager, lessee or operator of any hotel, inn, apartment house or night club of a violation of this ordinance, the Clerk of the Municipal Court of the -ity of Miami Beach, Florida, shall promptly transmit a certified copy of the record of such conviction to the City Council or official having authority to revoke the license of such convicted person. SECTION 8. If any section of this ordinance shall be declared invalid for any reason whatsoever, such invalidity shall not affect the validity of the remaining sections thereof„ SECTION 9. Ordinance No. 318, Ordinance No. 502 and Ordinance No. 537 and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10. This ordinance is hereby declared to be an emergency measure for the immediate preservation of the health, safety and welfare of the City of Miami Beach, Florida, which are in peril, and for the protection of the citizens of said City, and shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 4th day of February, A. D., 1942. r Mayor ATTEST• C ty C erk 1st Reading -- February 4th, 1942 2nd Reading - February 4th, 1942 3rd Reading - February 4th, 1942 Posted - February 5th, 1942. fdge • IP II 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. 640 entitled, "AN ORDINANCE PROHIBITING THE DRIVER OF ANY TAXI-CAB OR OTHER PASSENGER VEHICLE FOR HIRE WHILE ENGAGED IN SUCH OCCUPATION WITHIN THE CITY OF MIAMI BEACH, FLORIDA, FROM SOLICITING THE PATRONAGE OF ANY PASSENGER IN THE VEHICLE DRIVEN BY HIM FOR ANY HOTEL, INN, APARTMENT HOUSE OR NIGHT CLUB; PROHIBITING ANY SUCH DRIVER FROM DIVERTING OR ATTEMPTING TO DIVERT A PROSPECTIVE GUEST OF ANY HOTEL, INN, APARTMENT HOUSE OR NIGHT CLUB TO ANY OTHER HOTEL, INN, APARTMENT HOUSE OR NIGHT CLUB; PROHIBITING THE OWNER, MANAGER, LESSEE, OR OPERATOR OF ANY SUCH ESTABLISHMENT WITHIN SAID CITY AND ANY OF THEIR AGENTS, SERVANTS OR EMPLOYEES FROM PAYING ANY SUCH DRIVER ANY REWARD OR COMPENSATION DIRECTLY OR INDIRECTLY FOR SOLICITING GUESTS FOR SUCH ESTABLISHMENT OR FOR DIVERTING ANY PROSPECTIVE GUEST FROM ANY OTHER HOTEL, INN, APARTMENT HOUSE OR NIGHT CLUB THERETOFORE DESIG- NATED BY HIM AS HIS CHOICE TO THE HOTEL, INN, APARTMENT HOUSE OR NIGHT CLUB OWNED, MANAGED, LEASED OR OPERATED BY THE PARTY PAYING OR OFFERING TO PAY SUCH REWARD OR COMPENSATION; PROHIBITING ANY SUCH DRIVER FROM RECEIVING FROM ANY PERSON ANY REWARD OR COMPENSA:: TION DIRECTLY OR INDIRECTLY FOR ANY SUCH SOLICITATION OR DIVERSION; PROVIDING PENALTIES FOR THE VIOLATION HEREOF; RETIRING THE CLERK OF THE MUNICIPAL COURT TO TRANSMIT A CERTIFIED COPY OF THE CONVICTION OF ANY SUCH DRIVER OF A TAXI-CAB OR OTHER PASSENGER VEHICEL FOR HIRE, OR OWNER, OPERATOR, MANAGER OR LESSEE OF ANY HOTEL, INN, APARTMENT HOUSE OR NIGHT CLUB TO THE BOARD, CITY COUNCIL, OR OFFICIAL HAVING AUTHORITY TO REVOKE THE LICENSE OF SUCH CONVICTED PERSON; PROVIDING THAT IF ANY SECTION HEREOF IS DECLARED INVALID FOR ANY REASON, SUCH INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE REMAINING SECTIONS HEREOF; AND REPEALING ORDINANCES NO. 318, NO. 502, NO. 537 AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, " 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 5th day of February, A. D. , 1942, and that said Ordinance 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, Florida, on this the 17th day of March, A. D. , 1942. City Clerk • • • ag H til 1-4 10 F N • f Q p A CD