Loading...
Ordinance 1228 g ORDINANCE NO. 1228 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 Chapter 7 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding thereto new Sections 7 .1 through 7.24 inclusive, and reading as follows : "SECTION 7.1 : DEFINITIONS For the purposes of this chapter, the following words shall have the meanings given herein and words used in the present tense include the future, words used in the singular include the plural, and words used in the plural include the singular. The word ' shall ' is always mandatory. "SALE" (a) The sale, or offer to sell, by any person to the public of goods in stock, on order, or in transit, with a declared advertised purpose that such sale is anticipatory to the termination, closing, liquidation, revision, windup, discontinuance, conclusion or abandonment of the business, or any part thereof, or any line of goods, or any one store of a group of stores in connection with such sale, and it shall include any and all sales advertised in such manner as to reasonably convey to the public the impression that upon the disposal of the goods advertised, or on hand, the business will permanently cease and be discontinued; and (b) The sale, or offer to sell, by any person to the public of goods in stock, on order, or in transit, with a declared advertised purpose that such sale is anticipatory to the temporary closing or temporary discontinuance of the business for the purpose of alterations or remodelling of the premises, or for the purpose of moving to another specific location in the City of Miami Beach, Florida; and (c) The sale, or offer to sell, by any person to the public, of goods so advertised as to reasonably convey to the public that such goods are damaged or altered by fire, smoke, water, hurricane, flood, explosion or other means; and (d) The sale, or offer to sell, by any person to the public, of goods advertised in such a manner as to reasonably cause the public to believe that the goods to be sold, or any part thereof, have been involved in any business failure, or have been derived from a business which has failed, been closed, discontinued or liquidated, or where such advertising indicates a business failure or emergency affecting the seller or any previous holder of the goods to be sold. "GOODS" include any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder. -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "ADVERTISE" "ADVERTISING", "ADVERTISEMENT", "ADVERTISED' and "PUBLISH" shall include any and all means of conveying to the public notice of a sale, or notice of intention to conduct a sale, whether by word of mouth, newspaper, magazine, periodical, handbill, written notice, printed display, poster, billboard, radio and television announcement and any and all other means . "PERSON" is any person, firm, corporation, company, partnership or organization of any kind. "LICENSE" shall mean a license issued pursuant to this Chapter. "LICENSEE" is any person to whom a license has been issued pursuant to this Chapter. "SECTION 7.2: No person shall advertise or conduct a sale as herein defined without first obtaining a license therefor from the City Clerk in the manner hereinafter provided. "SECTION 7 .3: 'No license provided for hereunder shall be granted except upon written application, upon forms provided, to the City Clerk and such application shall be signed and verified before a person authorized to administer oaths by the person who intends to conduct such sale . Such application shall be submitted to the City Clerk at least five (5) days prior to the advertising, or conducting of such sale, and each application shall set forth and contain the following: (a) The name and address of the owner of the goods to be sold and, if the owner be a corporation, the name, address and title of at least one officer of said corporation. (b) A description of the place where such sale is to be held. (c) The nature of the occupancy, whether by lease, sub-lease, or otherwise, and the date of the beginning of such occupancy and the date of the termination thereof. (d) The means to be employed in advertising such sale, together with the proposed language content of any advertisement to be used for such sale . (e) A complete and detailed inventory of all goods to be sold, or offered for sale, including all goods then in stock, on order, or in transit, and the cost and retail price of such goods . (f) The place, or places, where such goods were purchased or acquired and, if not purchased, the manner of such acquisition. (g) A statement by applicant that upon receipt of license for a sale as defined under Section 7 .1 (a) hereof, said applicant will immediately surrender any existing occupational licenses for said business for cancellation without refund of the fee, or any portion thereof, paid for such occupational license . -2- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA (h) A statement by applicant that representations made therein are bona fide . If application is made for a sale as defined in Section 7 .1 (a) hereof, such application shall set forth and contain, in addition, that if such license is issued by the City Clerk, acting in reliance on said representations, applicant will not, directly or indirectly, engage in the same business, or any similar business, under the same trade name, or a similar trade name, in the City of Miami Beach, Dade County, Florida, for a period of two (2) years from date of said application and shall not engage in the same business, or similar business, under any name at said licensed premises for a period of two (2) years from date of said application. (i) Any additional information relating to such sale as the City Clerk may deem necessary. "SECTION 7.4: No person shall knowingly falsify or misrepresent any information or representations made in the license application provided for in Section 7.3 hereof. "SECTION 7.5: Upon receipt of such application and payment of the fee prescribed by Section 7.9 hereof, the City Clerk shall cause the same to be investigated. If, after such investigation, the City Clerk is satisfied as to the truth of statements contained in said application, and as to the form and language content of the proposed advertising matter, he may, in his discretion, issue a license permitting the advertising and conduct of such sale for a period of not more than thirty (30) consecutive days, Sundays and Legal Holidays included, following the issuance thereof, provided that, in addition, for a sale as defined in Section 7.1 (a) hereof applicant shall surrender all occupational licenses held for said business as a prerequisite to issuance of such license . "SECTION 7.6: The license provided for herein shall not be assignable or transferable and no person shall assign or transfer, or attempt to assign or transfer, such license, for value or otherwise . "SECTION 7 .7: The City Clerk shall not issue the license provided for in Section 7.5 hereof, if any one, or more, of the following facts or circumstances are found: (a) That applicant was granted a license for a sale as defined herein within two (2) years preceding the date of the filing of the application. (b) That applicant has heretofore been convicted of violation of this chapter, or has had a license issued to him pursuant to this chapter revoked within a five (5) year period immediately preceding the date of filing of application. (c) That the inventory includes goods purchased by the applicant, or added to the stock, in contemplation of such sale and for the purpose of selling the same at such sale . For the purpose of this sub-section, any unusual addition to the stock of goods made within sixty (6o) days prior to the filing of such application shall be prima facie evidence that such addition was made in contemplation of such sale and for the purpose of selling the same at such sale . -3- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA (d) That applicant in ticketing, pricing or marking of the goods to be offered for sale has misrepresented the retail price as listed in the inventory required under Section 7.3 (e) hereof, or the value thereof, or the quality, kind or quantity of such goods, or the country of origin of said goods . (e) That any lease, or sublease, held by applicant was formerly held by a corporation of which the applicant was an officer, director or stockholder or by any member of applicant 's immediate family, and that such corporation, or member of applicant ' s immediate family, was granted a license provided for in Section 7.5 hereof within two (2) years preceding the date of the filing of application. (f) That any representation made in the application is false . "SECTION 7.8: The City Clerk may renew a license granted hereunder for one period of time only, such period to be in addition to the thirty (30) days permitted in the original license and not to exceed fifteen (15) consecutive days, Sundays and Legal Holidays included, when he finds upon submission to him of an application on forms provided, and payment of the fee hereafter provided for, that: (a) Goods inventoried in the original application have not been disposed of and that facts exist justifying license renewal . (b) Applicant has submitted with the application a revised inventory showing the items listed on the original inventory which remain unsold and that such application does not list goods not included in the original inventory. For the purposes of this sub-section, any application for a license which covers any goods previously inventoried as required by this Chapter shall be deemed an application for renewal, whether presented by original applicant or by any other person. "SECTION 7 .9: Applicants for an original license, or a renewal, shall pay to the City Clerk Twenty-five Dollars ($25.00) upon filing of each such application as a fee to defray the cost of investigating statements contained in such application and no part of said fee shall be refundable . "SECTION 7.10: Upon commencement and throughout the duration of any sale, the original license, or renewal, shall be prominently posted, so as to be visible to the public, near the entrance to the premises where such sale is advertised or conducted, and no person shall advertise or cause to be advertised any copy or reproduction of such license . "SECTION 7.11 : A duplicate of the original application and inventory, or renewal application and inventory, shall be kept on the licensed premises at all times during such sale and shall be available at all times to the City Clerk, or his inspectors, and the licensee shall permit the City Clerk, or his inspectors, to examine all goods on the premises for comparison with such inventory. -4- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "SECTION 7.12: At the close of each day' s business, the licensee shall cause the inventory attached to such duplicate application to be revised by noting thereon items disposed of during the day. Complete and detailed books and records of the sale shall be kept by the licensee and shall be available at all times for inspection by the City Clerk, or his inspectors . "SECTION 7.13: No licensee shall bring upon, or cause to be brought upon, the licensed premises, goods not shown or otherwise accounted for in such application and inventory with intent to advertise, sell or offer for sale such goods to the public . For the purposes of this sub- section, advertisement, exposure for sale as part of the stock, or display of such goods to the public, shall be prima facie evidence of intent to sell, or offer for sale, such goods to the public . "SECTION 7.14: Advertising shall be descriptive of the nature of such sale and no sale shall be advertised or conducted for a purpose other than stated in the application therefor, and the language contained therein shall be identical with the advertising language content set forth in the application. "SECTION 7 .15: No licensee shall indicate in any advertising, either directly or indirectly, that such sale is held with the approval of the City or any of its officers and 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 19 -� (In such blank spaces the license number and requisite dates shall be indicated) "SECTION 7.16: No display signs advertising a sale hereunder shall be larger than six square feet in area and such signs shall not be fastened or fixed to any exterior wall, front, facade, awning, canopy or roof so as to be visible from a public street. In the event such signs are placed in display windows, there shall be only one such sign for each such display window, but in no event shall more than two such signs be displayed on the licensed premises and such signs shall not be attached to the window in any manner whatsoever but shall be displayed within the display window. "SECTION 7.17: If for good cause shown it appears to the City Clerk that in any sale conducted hereunder a violation under this chapter has occurred, the City Clerk, may, in his discretion, temporarily suspend any license granted hereunder for a time not to exceed twenty-four (24) hours for the purpose of investigation of such violation. If, upon investigation, the City Clerk finds no violation has occurred, the time period in which said sale was to be conducted under Sections 7.5 and 7.8 of this chapter shall be extended by the period of time during which such suspension was in effect, but not to exceed a period of twenty-four (24) hours . -5- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "SECTION 7.18: The City Clerk shall revoke any license issued pursuant to this chapter if he shall find that the licensee has knowingly (a) Violated one or more provisions of this chapter. (b) Made any material mis-statement in his application. (c) Failed to include in the inventory required hereunder all goods being advertised, sold or offered for sale on the licensed premises . (d) Failed to revise the inventory daily or keep complete and detailed books and records of said sale . (e) Made or permitted to be made any false or misleading statements or representations in advertising said sale or goods or in displaying, ticketing, pricing or identifying goods offered for sale . (f) Refused to allow examination by the City Clerk or his inspectors, of the goods offered for sale or of the books and records of said sale . "SECTION 7.19: No licepse for a sale defined by Section 7.1 (d) of this chapter shall be issued unless there is filed with the City Clerk a bond in an amount equal to ten per cent (10%) of the inventory value of all the goods to be offered at such sale and such bond shall be conditioned upon the faithful observance of all applicable provisions of this chapter and the indemnifying of any purchaser at such sale who suffers any loss by reason of any misrepresentation made in connection with such sale; said bond to be approved as to form by the City Attorney and as to sufficiency by the City Clerk. "SECTION 7.20: Where goods held for sale, or offered for sale, as defined under Section 7.1 (d) hereof are co-mingled with goods which have not been involved in any business failure, or which have not been derived from a business which has failed, been closed, discontinued, or liquidated, such goods shall be plainly marked or ticketed as distressed items and no goods which are not distressed shall be so marked or ticketed. "SECTION 7 .21 : Provisions of this chapter shall not apply to sales advertised as anticipatory of closing for vacation or the summer or discontinuing business for vacation or the summer, except that, in no event, shall such sales exceed a period of time longer than thirty (30) consecutive days, Sundays and Legal Holidays included, in any one year after such sale is first advertised or commenced. It shall be unlawful to conduct such sale in violation of this sub-section and for the purpose of this sub-section failure of the person so advertising or conducting such sale to close the business immediately after expiration of such period of time for a period of at least fourteen (14) consecutive days, Sundays and Legal Holidays included, shall be prima facie evidence of the intent of such person to mislead or defraud the public . "SECTION 7 .22: No person shall conduct a business, or conduct a sale, after a date has been fixed for the closing of a business or by advertising as defined in Section 7.1(a) unless a renewal license provided for in Section 7.8 shall first have been obtained from the City Clerk and, in such case, no person granted such renewal shall conduct such business, or conduct such sale, beyond the closing date fixed in such renewal . -6- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "SECTION 7.23: It shall be unlawful for any person to violate any provision of this chapter and upon conviction thereof such person shall be punished as provided in Section 1 .8 of the Code and each day such violation continues shall constitute a separate offense and be punishable as such. "SECTION 7.24: The following persons shall be exempt from the provisions of this chapter: (a) Persons acting pursuant to an order of a court of competent jurisdiction. (b) Sheriffs and Marshals acting in accordance with their powers and duties as public officers . (c) Duly licensed auctioneers, selling at auction. " SECTION 2: Existing Sections 7.1 through 7.18 inclusive, of "The Code of the City of Miami Beach, Florida, 1950" be and the same are hereby repealed. SECTION 3: Provisions of this ordinance are severable, and if any provision or pro\isions hereof, shall be held invalid by a court of competent jurisdiction, the decision of such court shall not affect or impair any remaining provision, or provisions, of this ordinance . It is hereby declared to be the legislative intent that this ordinance would have been adopted had such invalid provisions not been included herein. SECTION 4: This ordinance shall go into effect immediately upon its passage and posting as required by law . PASSED and ADOPTED this 19th day of September , A.D. 1956. rThi k V --� —-- Mayor Attest: 4/4(-7 C y ' er 1st reading - September 5, 1956 2nd reading - September 5, 1956 3rd reading - September 19, 1956 POSTED - September 19, 1956 -7- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA STATE OF FLORIDA COUNTY OF DADE: I, R. WM. L. JOHNSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 122$ , entitled: "AN ORDINANCE AMENDING CHAPTER 7 OF 'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 19501 ", 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 19th day of September, 1956, 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 7th day of November, A.D. 1956 il'- '64-' - r ;fAt City 017' k co �4-4 O o cd V Ul o U2 o - o U2 co c-., •r-I 1:10 an co N O rI •r-i r-I L` > 0 9-1 I-4 • � ;-1 0 Z 0 Z ' .) 0 1 W ci �o Z, 0 H ori Z � Z bf).Z r°I o H 4-) -I-) I Q r1 ex0 cd h0 0 d) •r# N bO o E 4) a) 60 daoF-4= /,