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Ordinance 870ORDINANCE NO. 870 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, REGULATING THE ADVERTISING AND CONDUCT OF SALES OF GOODS, WARES AND MERCHANDISE IN CONNECTION WITH THE DISCONTINUANCE OF A BUSINESS; PROVIDING FOR LICENSES THEREFOR; PROVIDING FOR THE SUPER— VISION, INSPECTION AND THE MAKING OF REGULATIONS THEREOF; PROVIDING FOR CERTAIN EXCEPTIONS; PRO— VIDING A PENALTY FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: The word "sale" es used in this ordinance shall mean the sale, or offer to sell, by any person, firm or corporation, or by agents or employees thereof, to the public, any goods, wares end merchandise of sny and all kinds end descriptions and of any nature whatsoever, on hand end in stock, in connection with a declared purpose as set forth by any form of advertising, on the part of the seller, that such Bele is anticipatory to the termination, closing, liquidation, revision, wind—up, discontinuance, conclusion or abandon— ment of the business in connection with such sale. It shell include any end ell sales advertised in such manner as to reasonably convey to the public the impression that upon disposal of the stock of goods on hand the business will cease and be discontinued. SECTION 2: The City Clerk of the City of Miemi Beech or his delegated agent is hereby authorized and directed to supervise and regulate the sales se defined in Section 1. The City Clerk may make such rules end regulations for the advertisement end conduct of such sales as in his opinion will serve to prevent deception and to protect the public. SECTION 3: It shell be unlewful for any person, firm or corporation or any agents or employees thereof to advertise or conduct any sale of the type defined in Section 1 hereof, without first securing a license therefor from the City Clerk. SECTION 4: Application for such license shall be in writing end shell be verified under oath. Such application shall contain: 1. A description of the place where such sale is to be held; 2. The nature of the occupancy, whether by lease, sub—lease, or otherwise, and the effective date of the termination of such occupancy. 3. The means to be employed in advertising such sale, together with the proposed content of any advertisement. -. An itemized list of the goods, wares or merchandise to be offered for sale. 5. The place where such stock was purchased or acauired, and if not purchased, the manner of such acquisition. 6. Any additional information relating to the sale as the City Clerk may deem necessary. SECTION 5: Upon filing such application the City Clerk, after inves— tigation thereof, may issue such license, in his discretion, for a period not exceeding thirty (30) days. SECTION 6: Upon satisfactory proof by the licensee that the stock item- ized in the original application has not been disposed of, and upon psyment of en additional fee as provided, the City Clerk may renew such license for en additional fifteen (15) dsy period. Such proof shall be furnished on e form supplied by the City Clerk. It shall contain an itemized list of stock on hand and shall be verified under oath. The City Clerk shall cause the same to be examined and in- vestigated, and if satisfied es to the truth of the statements therein contained, he may issue e renewal license for a period not exceeding fifteen (15) days, provided, however, that a maximum of two such renew- als me.y be granted for any such sale for the same location. SECTION 7: Upon filing an application for en original or renewal li- cense to advertise end conduct such sale the applicant shell pay to the City Clerk e. fee of $25,00, If any application be disapproved such payment shall be retained by the City of Miami Beach to defray the cost of investigating the statements contained in such ap- plication. SECTION 8: Upon commencement of any such sale, the license therefor shall be conspicuously displayed near the entrance to the premises. SECTION 9: A duplicate original of the application and stock list pur- suant to which such license was granted, shall be available at all times to the City Clerk or to his inspectors, and the licensee shall permit such inspectors to examine ell merchandise on the premises for comparison with such stock list. SECTION 10: At the close of business each day the stock list attached to tuch application shell be revised end items on such list disposed of during such day shell be noted thereon. Suit- able books end records es prescribed by the City Clerk shall be kept by the licensee end shall be available et all times to the inspectors of the department, SECTION 11: All advertising shall be descriptive of the nature of such sale as stated in the application therefor. The language in such advertising shell be identical with the advertising content es indiceted in the application. It shell be unlawful to indi- cate in such advertising, either directly or indirectly, that such sale is held with the approval of the City Clerk. Such advertising shell con- tain a statement in the following words and no others: "This sale held pursuant to City License NO. granted the day of and in such blank spaces the license number and the requisite detes shall be indicated. SECTION 12: The following persons shall be exempt from the provisions of this ordinance: 1. Persons acting pursuant to en order of the process of e court of competent jurisdiction. 2. Sheriffs and marshals acting in accordance with their powers end duties es public officers. 3, Duly licensed auctioneers, selling et auction. SECTION 13: If any section of this ordinance or any pert thereof, shall be adjudged by any court of competent jurisdiction to be in- valid, such judgment shell not affect, impair or invalidate the remainder of any other section or pert thereof. SECTION 14: Any person violating any of the provisions of this ordi- nance, or felling to comply with the requirements thereof es provided, shell, upon conviction thereof, be punished by a fine of not more than One Thousand ($1,000.00) Dollars, or be im- prisoned for not more than ninety (90) days, or both, in the discretion of the Court. SECTION 15: This ordinance shall become effective immediately upon its passage end posting es required by law. PASSED and ADOPTED this lst day of December A. D. 1948. Attest: lst reading 2nd reading 3rd reading POSTED Iity Clerk - November 17, 1948 - November 17, 1948 - December 1, 1948 - December 1, 1948 Mayor STATE OF FLORIDA COUNTY OF DADE: I, C. W. TOMLINSON, :;ity Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No, 870, entitled: "AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, REGULATING THE ADVERTISING AND CONDUCT OF SALES OF GOODS, WARES AND MERCHANDISE IN CONNECTION WITH THE DISCON- TINUANCE OF A BUSINESS; PROVIDING FOR LICENSES THEREFOR; PROVIDING FOR THE SUPERVISION, INSPECTION AND THE MAKING OF REGULATIONS THEREOF; PROVIDING FOR CERTAIN EXCEPTIONS; PRO- VIDING A PENALTY FOR VIOLATION THEREOF", 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 1st day of December, A. D. 1948, 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 3rd day of January, A. D. 1949. City Clerk (50 • Oa a) O c5 co rn • 4-r O ago CO U H �O 40 pq 4-3 ca r -i • Q) w) F-1 a)