Ordinance 1141 ORDINANCE NO. 1141
AN ORDINANCE AMENDING CHAPTER 17 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 17.7 of "The Code of the City of Miami Beach,
Florida, 1950", reading as follows:
"SECTION 17.7. REGULATIONS CONCERNING COIN-OPERATED MACHINES.
Each and every coin-operated machine or device of any
nature whatsoever, the maintenance and operation of which is
licensed by this chapter, shall at all times have posted thereon
conspicuously and legibly the name, address and telephone number
of the person selling, leasing or renting such machine or device.
The city clerk is hereby authorized and directed to take immedi-
ate possession of any machine or device, licensed or unlicensed,
which does not conform to the requirements of this section, to
cancel the license for same, if it be licensed, and to sell same
at public auction after one publication of notice of such sale,
which notice shall be published in a local newspaper at least
ten days prior to the holding of such sale . The proceeds of
such sale shall be paid by the city clerk into the city treasury.
At any time prior to the holding of such sale the person selling,
leasing or renting such machine or device may, upon proof of
ownership as evidenced by bill of sale or other evidence satis-
factory to the city clerk, obtain such machine or device upon
payment to the city clerk of a sum equal to the annual license
tax for such machine or device, together with all costs and
expenses incurred by the city clerk for the transportation,
storage and publication of notice, if any, in connection with
the confiscation of such machine or device, which payment shall
also entitle such owner to a license for the machine or device
for the remainder of the current license year. "
be and the same is hereby amended to read as follows:
"SECTION 17.7. REGULATIONS CONCERNING MUSIC BOXES, MECHANICAL
PHONOGRAPHS, MARBLE MACHINES AND OTHER COIN-
OPERATED MACHINES, ETC.
Each and every music box, mechanical phonograph, console,
juke box, marble machine, device of skill, automatic coin game
or other similar machines, games or devices operated for profit,
the maintenance and operation of which is licensed by this
chapter, shall at all times have posted thereon conspicuously
and legibly the name, address and telephone number of the per-
son selling, leasing or renting such machine or device. The
city clerk is hereby authorized and directed to take immediate
possession of any machine or device, licensed or unlicensed,
which does not conform to the requirements of this section or
which does not have affixed thereto the serially numbered metal
tag provided for and required by Section 17.16 of this Code,
and to cancel the license for the same, if it be licensed, and
to sell same at public auction after one publication of notice
of such sale, which notice shall be published in a local news-
paper at least ten days prior to the holding of such sale.
The proceeds of such sale shall be paid by the city clerk into
the city treasury. At any time prior to the holding of such
sale, the person selling, leasing or renting such machine or
device may, upon proof of ownership as evidenced by bill of
sale or other evidence satisfactory to the city clerk, obtain
such machine or device upon payment to the city clerk of a
sum equal to the annual license tax for such machine or device,
together with all costs and expenses incurred by the city clerk
for the transportation, storage and publication of notice, if
any, in connection with the confiscation of such machine or
device, which payment shall also entitle such owner to a license
for the machine or device for the remainder of the current
license year•.
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It shall be unlawful and a violation of this Chapter for any
person to use or operate or permit to be used or operated , within his
place of business any such machine, game or device which does not have
affixed to the said machine, game or device the serially numbered metal
tag provided for and required by Section 17.16 of this Code."
SECTION 2, That that portion of Chapter 17 of 'IThe Code of the City of
Miami Beach, Florida, 1950" reading as follows :
"SECTION 17.16 . SCHEDULE OF FEES.
MUSIC BOXES, MECHANICAL PHONOGRAPHS, CONSOLES, JUKE BOXES OR
OTHER SIiILAR MACHINES. Every person, firm or corporation
selling, leasing or renting one or more music boxes , mechanical
phonographs , consoles, juke boxes, or other similar machines,
alone or in connection with any other businesses shall, as a
prerequisite, be required to pay a license fee as follows:
The applicant desiring to sell, lease or rent one or more
music boxes, mechanical phonographs, consoles, juke boxes or
other similar machines , alone or in connection with any other
business, shall file with the license department, in person if
a nairal person, or by a duly authorized agent or officer of
the firm or corporation, a written application for a license to
do business in the city. Such license shall issue to the appli-
cant and shall entitle the applicant to engage in the selling,
leasing or renting of not more than twenty-five music boxes,
mechanical phonographs, consoles, juke boxes, or other similar
machines, alone or in connection with any other business upon
the payment of a license fee of 4500.00
For selling, leasing or renting each additional five or
fractional part thereof of such music boxes , mechanical
phonographs, consoles , juke boxes, or other similar machines
there shall be paid an additional license fee of c100.00
In addition to the foregoing there shall be imposed upon
each music box, mechanical phonograph, console, juke box or
other similar machine, a license fee of 4 30.00
Provided , however , that where such music box, mechanical
phonograph, console, juke box, or other similar machine, is
operated by coin-receiving remote control record selectors ,
there shall be paid for each such remote control selector
unit or device used in connection with such music box,
mechanical phonograph, console, juke box or similar machine,
an additional license fee of $ 5.00."
be and the same is hereby amended to read as follows:
"SECTION 17.16. SCHEDULE OF FEES.
MUSIC BOXES, MECHANICAL PHONOGRAPHS, CONSOLES, JUKE BOXES
OR OTHER SIMILAR MACHINES. Every person, firm or corporation
selling, leasing or renting one or more music boxes , mechani-
cal phonographs, consoles, juke boxes, or other similar
machines, alone or in conjunction with any other businesses,
shall, as a prerequisite, be required to pay a license fee
as follows :
The applicant desiring to sell, lease or rent one or more
music boxes, mechanical phonographs, consoles, juke boxes,
or other similar machines, alone or in connection with any
other business, shall file with the license department, in
person if a natural person, or by a duly authorized agent or
officer of the firm or corporation, a written application
for a license to do business in the city. Such license
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shall issue to the applicant and shall entitle the
applicant to engage in the selling, leasing or rent-
ing of music boxes , mechanical phonographs, consoles ,
juke boxes, or other similar machines, alone or in con-
nection with any other business upon the payment of a
license fee of .. 000.00
In addition to the foregoing, there shall be imposed
upon music boxes, mechanical phonographs , consoles,
juke boxes or other similar machines, sold, leased or
rented as aforesaid , a license fee as follows :
On each of the first twenty-five (25) 30.00
On each of all over twenty-five (25) $ 50.00
For operating a music box, mechanical phonograph,
console, juke box or other similar machine, where the
operator thereof is not engaged in the business of
selling, leasing or renting any of said devices, and
where the operator of said device is the owner thereof,
there shall be paid a license fee of tir 77.65
Provided , however, that where such music box, mechani-
cal phonograph, console, juke box, or other similar
machine, is operated by coin-receiving remote control
record selectors , there shall be paid for each such
remote control selector unit or device used in connec-
tion with such music box, mechanical phonograph,
console, juke box or similar machine, an additional
license fee of $ 5.00
Provided, however , that before any such music box,
mechanical phonograph, console, juke box, or other
similar machine is so operated or used , a metal tag for
each of same must be obtained from the city clerk, and
must be affixed to the said instrument or machine in a
conspicuous place by the licensee, such tag to be
numbered serially and bear such appropriate inscription
as the city clerk may designate. Failure by the
licensee to affix or cause to be affixed such tag to
the said instrument or machine so licensed shall consti-
tute a violation of this chapter."
SECTION 3. That that portion of Chapter 17 of "The Code of the City of
Miami Beach, Florida, 1950" reading as follows :
"SECTIOP 17.16 . SCHEDULE OF FEES.
MARBLE MACHINES, automatic coin games or devices of
skill or other similar machines or games operated for
profit:
Every person, firm or corporation selling, leasing or
renting one or more marble machines, automatic coin
games or devices of skill, or other similar machines or
games operated for profit, alone or in connection with
any other business shall, as a prerequisite, be
required to pay a license fee as follows:
The applicant desiring to sell, lease, or rent one or
more marble machines , automatic coin games or devices
of skill, or other similar machines or games operated
for profit, alone or in connection with any other busi-
ness, shall file with the license department, in person
if a natural person, or by duly authorized agent or
officer of the firm or corporation, a written application
for a license to do business in the city. Such license
shall issue to the applicant and shall entitle' the
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applicant to engage in the selling, leasing or renting
of one or more machines , games or devices as above
described, alone or in connection with any other busi-
ness , upon the payment of a license fee as follows:
For selling, leasing or renting up to 40 machines $1,926.25
For selling, leasing or renting each additional
machine ', 40.25
The foregoing provisions shall not apply to or cover
automatic coin devices vending merchandise only.
The provisions hereof shall not be construed to
license or permit the operation of gambling devices ."
be and the same is hereby amended to read as follows :
"SECTION 17.16 . SCHEDULE OF FEES.
MARBLE MACHINES, SHUFFLEBOARDS, BOWLING ALLEYS,
automatic coin games or devices of skill or other
similar machines or games operated for profit.
Every person, firm or corporation, selling, leasing
or renting one or more marble machines, shuffle-
boards , bowling alleys, automatic coin games or
devices of skill, or other similar machines or games
operated for profit, alone or in connection with any
other business shall, as a prerequisite, be required
to pay a license fee as follows :
The applicant desiring to sell, lease or rent one or
more marble machines, shuffleboards, bowling alleys,
automatic coin games or devices of skill, or other
similar machines or games operated for profit, alone
or in connection with any other business, shall file
with the license department, in person if a natural
person, or by duly authorized agent or officer of the
firm or corporation, a written application for a license
to do business in the city. Such license shall issue
to the applicant and shall entitle the applicant to
engage in the selling, leasing or renting of one or more
machines, shuffleboards, bowling alleys, games or
devices as above described, alone or in connection with
any other business, upon the payment of a license
fee of 500.00
In addition to the foregoing, there shall be imposed
upon marble machines, shuffleboards, bowling alleys,
automatic coin games or devices of skill, or other
similar machines or games operated for profit, sold,
leased or rented as aforesaid, a license fee as follows :
On each of the first twenty-five (25) 4 30.00
On each of all over twenty-five (25) $ 50.00
For operating a marble machine, shuffleboard , bowling
alley, automatic coin game or device of skill or other
similar machine or game operated for profit, where the
operator thereof is not engaged in the business of
selling, leasing or renting any of said instruments ,
devices or machines, and where the operator of said
instrument, device or machine is the owner thereof,
there shall be paid a license fee of 77.65
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Provided, however , that before any such marble machine,
shuffleboard , bowling alley, automatic coin game or
device of skill or other similar machine or game operated
for profit is so operated or used, a metal tag for each
of same must be obtained from the city clerk, and must
be affixed to the said instrument, device or machine in
a conspicuous place by the licensee, such tag to be
numbered serially and bear such appropriate inscription
as the city clerk may designate. Failure by the
licensee to affix or cause to be affixed such tag to the
said instrument, device or machine so licensed shall
constitute a violation of this chapter.
The foregoing provisions shall not apply to or cover
automatic coin devices vending merchandise only.
The provisions hereof shall not be construed to license
or permit the operation of gambling devices."
SECTIONT 4. That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5. This ordinance shall take effect immediately upon its
passage and posting as required by law.
PASSIM and ADOPTED this 1st day of December , A. `. 1954.
I
Vice Ma or
ATTEST :
C. W. TOMLINSON, City Clerk
By: _ !1'K.
e4,44. ---
Deputy C' y Clerk
1st reading - November 17, 1954
2nd reading - November 17, 195+
3rd reading - December 1, 1954
POSTED - December 1, 1954
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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. 1141, entitled: "AN ORDINANCE AMENDING CHAPTER 17 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 1st day of December, 1954
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 5th day of January, A. D. 1955.
C. W. Ton, City Clerk
By 42ke•
Deputy City lerk
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