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Ordinance 840 ORDINANCE NO. 81+0 AN ORDINANCE PROVIDING FOR THE LICENSING OF NEWS STANDS ON PUBLIC STREETS AND SIDEWALKS. BE IT ORDAINED BY THE CITY COUNCIL OF TIE C ITY OF MIAMI BEACH, FLORIDA: SECTION 1: It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate, on any public street or sidewalk, or in any other public way or place, in the City of Miami Beach, Florida, any structure commonly known as a newspaper stand or any stand or place where newspapers, magazines, boobs, pamphlets, periodicals, sheets, cards or other printed or written matter are sold, or offered or dis- played for sale, and whether or not such sale or offer- ing for sale is in conjunction with any other business or occupation, without first having obtained a license therefor from the City Clerk of the City of Miami Beach, Florida, as hereinafter provided. SECTION 2: Application for such license shall be made, in writing, to the City Clerk upon such form as shall be provided by him, and shall contain the name and address of the applicant, the proposed specific location of said newsstand, and shall be signed by the applicant. It shall be accompanied by evidence that the applicant has registered with the Miami Beach Police Department and has been photographed and fingerprinted, and that such structure and location has been approved by the Chief Building Inspector. Approval of the issu- ance of such license shall thereupon be in the discre- tion of the City Council. SECTION 3: The license provided for in Section 1 of this ordinance shall state thereon the name and address of the licensee and the specific location for which the said license is granted. As an express condition of the acceptance of such license by him, the said licensee thereby agrees to indemnify and save harm- less the City against all liability and expense which may come against the City in consequence of the granting of said license or on account of any act or thing done by the licensee by virtue of the authority given in said license. SECTION 4: The license provided for in Section 1. of this ordinance shall be subject to revoca- tion in the discretion of the City Manager upon ten (10) days written notice to the said licensee or his employee or manager in possession thereof. T he City Manager is hereby authorized, empowered and directed to revoke such license when, in his discretion, the continued operation of the newsstand has become, or shall appear to be likely to become a nuisance, annoyance or hazard to the general Public in its free and unencumbered use of the public street, sidewalk or place, or interferes with the reason- able requirements of pedestrian or vehicular traffic, or with the free and unhindered passage between such street or sidewalk and any entrances or exits of abutting pro- perty. Nothing contained herein shall prevent the Chief of Police of the City of Miami Beach, Florida, from taking sumAary action to sbate the operation of such newsstand at any time when such operation becomes a public nuisance or hazard in fact. The conviction of said licensee or his agents or employees for any illegal act in said opera- tion of said newsstand or in connection with the said opera- tion shall be sufficient cause for immediate revocation of said license without the written notice otherwise provided for herein. SECTION 5: Any newsstand provided for in Section 1 of this ordinance shall hereafter be constructed only in accordance with the general design and regulations therefor to be approved by the Chief Building Inspector. No stand shall be so constructed as to extend or project more than i inches over any public sidewalk or street; nor shall any stand be so constructed as to prevent removal thereof without damage or impairment to abutting property; provided, however, that no newsstand shall hereafter be constructed, or licensed for operation except with the written consent of the person, firm or corporation entitled to the possession and use of the property immediately abutting. SECTION 6: No hawking, shouting or other noise, mechanical or otherwise, shall be employed in connection with the operation of any newsstand. SECTION 7: The license provided for in Section 1 of this ordinance shall, when issued, be conspicuously posted upon such newsstand, and shall expire each year on October 31st. It shall be renewable to the same licensee at the same specific location upon application therefor and upon payment to the City Clerk of the annual license fee, which fee is hereby fixed at x:,150.00 ; provided that no li- cense shall be transferable or assignable without the con- sent of the City Council. No person, firm or corporation shall hold more than one such license at any one time during any fiscal year. SECTION 8: 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 less than Five W5.00) Dollars nor more than One Thousand (4?1,000.00) Dollars, or be imprisoned for not more than ninety (90) days, with or without hard labor, or both in the discretion of the Court. SECTION 9: If any section or subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance and each section, subsection, sentence, clause and phrase there- of, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared un- constitutional. SECTION 10: All ordinances or Parts of ordinances in con- flict herewith or inconsistent with the pro- visions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. SECTION 11: This ordinance shall become effective immedi- ately upon its passage and posting as required by law. - 2 - PASSE.) and ADOPTED this 4th day of February, A. D. 19480 dzydeetir ayor ATTEST: 010 City Clerk 1st reading - Jan. 21 , 1948 2nd reading - Jan. 21, 1948 3rd reading - Feb. 4, 191+8 Posted - Feb. 5, 1948 - 3 - 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. 840, entitled: "AN ORDINANCE PROVIDING FOR THE LICENSING OF NEWSSTANDS ON PUBLIC STREr,TS AND SIDEWALKS", having been passed anJ 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, Florida, one of which was at the door` of the City Hall in said City on the 5th day of February A. D. 191+8, 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 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 9th day of March A. D. 1948. City Clerk • t v: tom: ct ca, o ati • 1-5 U) a ;d ti tri }� H -CDD 0 C0• t4 Ul W 0 U3 cm O M 04) Cfa 0