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Ordinance 955 ORDINANCE NO. 955 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 PERMANENT OR TEMPORARY DISCONTINUANCE OF A BUSINESS ; PROVIDING FOR LICENSES THEREFOR; PROVIDING FOR THE SUPERVISION, INSPECTION AND THE MAKING OF REGULATIONS THEREFOR BY THE CITY CLERK; PROVIDING FOR CERTAIN INSPECTIONS ; PROVIDING A PENALTY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: The word "Sale" , as used in Sections 1 to 12, inclusive, of 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 or merchandise, of any kind and all kinds and descriptions, and of any nature whatsoever, in connection with the declared purpose as set forth by any form of adver- tising, on the part of the sellet, that such sale is anti- cipatory to the termination, closing, liquidation, revision, wind-up, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall include any and all sales advertised in such manner as to reasonably con- vey to the public the impression that upon disposal of the stock of goods on hand the business will permanently cease and be discontinued. SECTION 2: The City Clerk of the City of Miami Beach or his delegated agent is hereby authorized and directed to supervise and regulate the sales as defined in Sections 1 and 13 of this ordinance . The City Clerk may make such rules and regulations for the advertisement and conduct of such sales as in his opinion will serve to prevent deception and to protect the public. SECTION 1: It shall be unlawful for any person, firm or corporation or any agent or employees thereof, to advertise or conduct any sale of the type defined in Section 1 hereof, without first securing a license therefor, which license shall be known and designated as "Going Out of Business License" from the City Clerk. SECTION 4: Application for such license shall be in writing and shall 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 by the applicant for such license. 3 . The means to be employed in advertising such sale together with a proposed content of any adver- tisement. 4. An itemized list of goods, wares or merchandise to be offered for sale, including all merchan- dise then contracted for, or enroute to said applicant, but not yet in his possession. ' 5. The place where such stock was purchased or ac- quired, and if not purchased, the manner of such acquisition. - 1 - 6. Any additional information relating to the sale as the City Clerk may deem necessary. 7. A statement by the applicant that upon re- ceipt of the said license said applicant will voluntarily surrender for cancellation his existing occupational license for the said business for the current year, without refund of the fee or any portion thereof, paid for the said occupational license . 8. A statement that the representations made in said application are bona fide and that the said license applied fortis accepted and acknowledged by the applicant as being issued . by the City in reliance upon such represen- tations, and that the applicant will not be re-engaged or re-employed directly, or in- directly in the same or any similar business at the same location for the period of two years from the date of said application. SECTION 5: Upon the filing of such application the City Clerk, after investigation ,thereof, may issue such license, in his discretion, for a period not exceeding thirty (30) days, provided, however, that at the time said license is so issued by the City Clerk said licensee shall have delivered, for immediate cancellation, his general occupational license for the said business for the current year in which the licenses provided for by this ordinance are issued. SECTION 6: Upon satisfactory proof by the licensee that the stock itemized in the original application has not been disposed of, and upon payment of an additional fee as provided, the City Clerk may renew such license for an additional fifteen (15) day period. Such proof shall be fur- nished on a form supplied by the City Clerk. It shall con- tain an itemized list of stock on hand and shall be verified under oath. The City Clerk shall cause the same to be examined and investigated, and if satisfied as to the truth of the statements therein contained, he may issue a renewal license for a period not exceeding fifteen ( 15) days, provided, how- ever, that a maximum of two such renewals may be granted for any such sale for tie same location. SECTION 7: Upon filing an application for an original or re- newal license to advertise and conduct such sale the applicant shall pay to the City Clerk a fee of $25.00. If any application be disapproved such payment shall be re- tained by the City of Miami Beach to defray the cost of investi- gating the statements contained in such application. 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 o'iginal of the application and stock list pursuant 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 almerchandise on the premises for comparison with such stock list. SECTION 10: At the close of business each day the stock list attached to such application shall be revised and items on such list disposed of dur'ng such day shall be noted thereon. Suitable books and records, as prescribed by the City Clerk, shall be kept by the licer:,see and shall be available for inspection at all times to the inspectors of the City Clerk. - 2 - SECTION 11: It shall be unlawful for any licensee under this ordinance to bring upon, or cause to be brought upon, the premises described in Section 4 of this ordinance, any goods, wares or merchandise not shown or otherwise accounted for in the application for said license with intent to adver- tise, sell, or offer for sale, such goods, wares or merchandise to the public. SECTION 12: All advertising shall be descriptive of the nature of such sale as stated in the application therefor. The language in such advertising shall be identical with the advertising content as indicated in the application. It shall be unlawful to indicate in such advertising, either directly or indirectly, that such sale is held with the approval of the City of Miami Beach or any of its officers or employees. Such advertising shall contain 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 dates shall be indicated. SECTION 11: The following persons shall be exempt from the provisions of this ordinance. 1. Persons acting pursuant to an order of the process of a court of competent jurisdiction. 2. Sheriffs and marshals acting in accordance with their powers and duties as public officers. 3 . Duly licensed auctioneers, selling at auction. SECTION 14: The word "Sale", as used in Sections 14, 15, 16 and 17 of 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 or merchandise of any kind and all kinds and descriptions, and of any nature whatsoever, in connection with a declared purpose as set forth by any form of advertising on the part of the seller, that such sale is anticipatory to the temporary closing or discontinuance of said business for the purpose of moving said business to another specific location in the City of Miami Beach, or any alterations or remodelling of the premises, or for any other reason other than those set forth in Section 1 of this ordinance. SECTION 15: It shall be unlawful for any person, firm, part- nership, corporation or association, whether by word of mouth, by newspaper advertisement, by magazine ad- vertisement, by hand bill, by display on billboard, by written notice, by printed notice, by printed display, by poster, by radio announcement, or by any and all other means to advertise a sale for the reason of the temporary closing of a business for any period of time other than final and permanent termination, discontinuance, liquidation, conclusion or abandonment of said business unless such advertisement or advertising shall fix the date upon which said business will be closed, which closing date shall be within the thirty (30) days immediately succeeding the date of the beginning of said sale. SECTION 16: It shall be unlawful for any person, firm, part- nership, corporation or association to conduct a sale as described in Section 14 hereof, unless, before the commencement of said sale, the City Clerk of the City of Miami Beach or his authorized agent, shall have been notified, in writing, of the beginning and closing dates, the location, and the name of the person, firm, partnership, corporation or asso- ciation which will conduct same. - 3 - SECTION 17: It shall be unlawful for any person, firm, part- nership, corporation or association to conduct a business after a date has been fixed for the closing of a busi- ness by advertising as described in Section 14 hereof, unless a permit for one, and only one, two weeks exteAsion period, shall first have been obtained from the City Clerk of the City of Miami Beach, Florida, or his authorized agent. SECTION 18: Ordinances Numbered 783 and 870 of the City of Miami Beach, Florida, and all other ordinances or parts of ordinances in conflict herewith, are hereby repealed. SECTION 19: In the event any section, sub-section, sentence, clause or phrase of this ordinance shall be deemed or adjudged to be invalid or unconstitutional, such adjudication shall in no manner affect the other sections, sub-sections, sentences, clauses or phrases of this ordinance, which shall re- main in full force and effect as if the section, sub-section, sentence, clause or phrase so declared or adjudged to be in- valid or unconstitutional was not originally a part of this ordinance. SECTION 20: Any person violating any of the provisions of this ordinance, or failing to comply with the require- ments thereof as provided, shall, upon conviction thereof, be punished by a fine of not more than One Thousand ($1,000.00) Dollars , or by imprisonment for not more than ninety (90) days in the iscretion of the court. SECTION 21: This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 7th day of December, A. D. 1950. -yor ATTEST: � • A =yam---- �'�` amity Clerk -"-" 1st reading - November 15, 1950 2nd reading - November 15, 1950 3rd reading - December 71 1950 POSTED - December 8, 1950 -4- f • SPATE 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. 955, 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 PERMANENT OR TEMPORARY DISCONTINUANCE OF A BUSINESS; PROVIDING FOR LICENSES THEREFOR; PROVIDING FOR THE SUPERVISION, INSPECTION AND THE MAKING OF REGULATIONS THEREFOR BY THE CITY CLERK; PROVIDING FOR CERTAIN INSPECTIONS; PROVIDING A PENALTY FOR THE 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 8th day of December,' A. D. 1950, 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 29th day of January, A. D. 1951. City Clerk Dj cD w td F'• c• i CD (n 0 t.+Ori C) . 0 t7 P. aµ H Dao ri g 0 0 O CD O0 H O es+• cn p • F -t i-43 0 3 CD ((DD cn \O 0'1-4 ct 0 ct 0 . (A CD o aq Cn (DO Cl) w 0 rV1 0