Ordinance 1043ORDINANCE NO. 1043
AN ORDINANCE AMENDING CHAPTER 7 OF "THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
1950".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Section 7.7 of "The Code of the City of Miami
Beach, Florida, 1950" be and the•same is hereby
amended to read as follows:
"The word 'Sale', as used in this article, 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 advertising, on the part of the seller, that
such sale is anticipatory to the termination, closing,
liquidation, revision, wind-up, discontinuances, conclusion
or abandonment of the business or any department thereof,
or any line of merchandise, or any one store of a group
of stores in connection with such sale. It shall include
any and all 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 permanently
cease and be discontinued."
SECTION 2: That Chapter 7 of "The Code of the City of Miami Beach,
Florida, 1950' be and tie same is hereby amended by
adding thereto, immediately after Section 7.12 thereof,
an additional section to be known as Section 7.122 to read as
follows:
"Section 7.122. All signs advertising or announcing a
going out of business sale, displayed in a store display
window, shall not be any larger than 2 feet by 3 feet,
and there shall be only one such sign for each such display
window, but in no event more than two such signs in any one
bus;.ness establishment and such sign or signs shall not be
pasted or attached to the window but shall be displayed
within the display window."
SECTION 3: That Section 7.8 of "The Code of the City of Miami Beach,
Florida, 1950" be and the same is hereby amended to read
as follows:
"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 7.7 hereof, without
first securing a license therefor, which license shall be
known and designated as "Going Out of Business License"
from the City Clerk, and no such license shall be issued
to any person, firm or corporation which does not hold a
bona fide lease for at least one year on the premises
where the sale is to be conducted, and the original of
such lease is to be exhibited to the City Clerk when
application for such license is filed, and a copy of same
to be filed with the City Clerk."
SECTION 4: That Section 7.9 of "The Code of the City of Miami Beach,
Florida, 1950" be and the same is hereby amended to read
as follows:
"Application for such license shall be in writing
and shall be verified under oath, and only those
may apply for such license who are lessees of record
of the premises where sale is to be had, and if the
lessee of record be a corporation, then said applica-
tion must be signed by the president thereof, same
attested to by the secretary thereof. 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
advertisement.
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
acquired, and if not purchased, the manner of
such acquisition.
6. Any additional information relating to the sale
as the City Clerk may deem necessary.
A statement by the applicant that upon receipt
of the said license said applicant will volun-
tarily 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 occupa-
tional license.
7.
8 A statement that the representations made in
said application are bona fide and that the said
license applied for is accepted and acknowledged
by the applicant as being issued by the City in
reliance upon such representations, and that the
applicant will not directly or indirectly engage
in the same business, or any similar business,
under the same trade name in the City of Miami
Beach for a period of two years from the date of
said application, and shall not engage in the
same business or similar business under any name
at the same location for a period of two years
from date of said application."
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OFFICE OT CITY ATTORNEY - CITY BALL - MIAMI BEACH 39, FLORIDA
SECTION 5• That all ordinances and parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 6: 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 remain in full
force and effect as if the section, sub -section, sentence, clause
or phrase so declared or adjudged to be invalid or unconstitutional
was not originally a part of this ordinance.
SECTION 7: That this ordinance shall go into effect immediately upon
its passage and posting as required by law.
Attest:
PASSED and ADOPTED this 1st day of April, A. D. 1953.
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1st reading
2nd reading
3rd reading -
POSTED -
City C erk
- March 20, 1953
- March 20, 1953
April 1, 1953
April 2, 1953
Mayor
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI REACH 39, FLORIDA
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. 1043, entitled: "AN ORDINANCE AMENDING CHAPTER 7 OF
'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950",
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 2nd day
of April, A. D. 1953, 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 6th day of May, A. D. 1953.
QW
City Clerk
ORIGINAL
ORDINANCE NO. 1043
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