Ordinance 916 ORDINANCE NO. 916
AN ORDINANCE PROHIBITING THE INSTALLATION
AND USE OF ANY STOVE OR OTHER FOOD HEATING
OR COOKING DEVICE IN CERTAIN HOTEL ROOMS;
DEFINING THE TERMS "HOTEL" AND "HOTEL
ROOM" ; PROVIDING FOR THE POSTING OF A
NOTICE; DECLARING THE PUBLIC NECESSITY AND
WELFARE; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR A RULE OF PRIMA FACIE
EVIDENCE, AND PROVIDING A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE.
WHEREAS, the City Council has been advised that many of the
hotels in this City offer or permit the use by guests of so-
called "hot-plates" for the preparation of food in hotel rooms,
which rooms are not designed or constructed for the safe and
sanitary cooking of food or the sanitary disposal of garbage
and other debris, and
WHEREAS, the City Council deems such practice to be a fire
and sanitary hazard and contrary to the public health, safety and
welfare,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: It shall be unlawful for any person, firm, association
or corporation engaged in the business of operating
or managing any hotel in the City of Miami Beach, Florida, or for
any person employed as manager or operator of any hotel in said
City, knowingly to provide, place, install or furnish for the use
of any guest or knowingly to permit or allow any guest or other
person to provide, place, install, furnish or use any stove, or
electric, chemical or gas device, commonly known as a "hot plate",
or any other device of any nature whatsoever for the purpose of
heating or cooking food or beverages in any hotel room in any
hotel.
SECTION 2: The term "hotel room" as used in Section 1 of this
ordinance shall mean any living or sleeping room, or
other living or sleeping compartment, or combination of such rooms
or compartments which are rented or occupied as a single complete
living unit, and which have or has an aggregate floor area within
the enclosed walls of less than four hundred (400) square feet,
and which is primarily intended for sleeping purposes, with or
without bathroom facilities, by paying guests of a hotel. The
term "hotel" as used in Section 1 of this ordinance shall mean
any building containing ten (10) or more rooms, intended or designed
to be used or which are used, rented or hired out to be occupied,
or which are occupied for sleeping purposes by paying guests,
which building is licensed as a hotel by the City of Miami Beach.
SECTION 3: It shall be unlawful for any person in the City of
Miami Beach to use or operate any stove or other food
heating device described in Section 1 of this ordinance, in any
hotel room, as defined in Section 2 of this ordinance.
SECTION 4: In any prosecution for the violation of any of the
provisions of this ordinance, proof of the presence of
any of the devices described in Section 1 of this ordinance in any
hotel room, as defined in Section 2 of this ordinance, shall be
prima facie evidence of the knowledge of the operator or manager of
such hotel that such device was there installed, and shall be prima
facie evidence of the use and operation of such device by the guest
or guests, then registered in such hotel room.
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SECTION 5: It shall be the duty of every person, firm, association
or corporation engaged in the business of operating
or managing any hotel in the City of Miami Beach, Florida, to post
or affix, in a conspicuous place in each hotel room, a sign or
notice, reading substantially as follows:
"The installation or use in this room of any device
for the preparation or heating of food or beverages
is prohibited by City Ordinance."
SECTION 6: It is hereby declared by the City Council that the
health and welfare of the City is in peril and that
this ordinance is necessary for the immediate preservation of the
public health, safety and welfare, and that this ordinance shall
go into effect on the 16th day of February, A. D. 1950.
SECTION 7: Any person who shall violate any of the provisions of
this ordinance shall, upon conviction thereof, be
punished by a fine of not more than Five Hundred ($500.00) Dollars,
or by imprisonment not exceeding sixty (60) days, or by both such
fine and imprisonment, in the discretion of the Municipal Judge of
the City of Miami Beach.
PASSED and ADOPTED this 15th day of February, A. D. 1950.
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Mayor
ATTEST:
(2
City Clerk
1st reading - February 1, 1950
2nd reading - February 1, 1950
3rd reading - February 15, 1950
POSTED - February 16, 1950
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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. 916,
entitled: "AN ORDINANCE PROHIBITING THE INSTALLATION AND USE OF
ANY STOVE OR OTHER FOOD HEATING OR COOKING DEVICE IN CERTAIN HOTEL
ROOMS; DEFINING THE TERMS "HOTEL" AND "HOTEL ROOM" ; PROVIDING
FOR THE POSTING OF A NOTICE; DECLARING THE PUBLIC NECESSITY AND
WELFARE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A RULE OF
PRIMA FACIE EVIDENCE, AND PROVIDING A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE" , 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 16th day
of February, A. D. 1950, and that said Ordinance remained posted
for a period of at least thirty days in accordance with the require-
ments 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 21st day of March, A . D . 1950.
6()‘- r"—" -P4.-
City Clerk
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