Ordinance 1235 ORDINANCE NO. 1235
AN ORDINANCE AMENDING "THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, 1950" BY
ADDING A NEW CHAPTER THERETO, TO BE
NUMBERED CHAPTER 40 AND PROVIDING FOR
THE REVOCATION FOR CAUSE OF LICENSES
AND PERMITS BY THE CITY COUNCIL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1 : That "The Code of the City of Miami Beach, Florida,
1950" be and the same is hereby amended by adding
a new Chapter thereto, numbered Chapter 40 and reading as follows :
"SECTION 40.1 : Any license or permit which has
been, or may hereafter be issued
by the City of Miami Beach, the issuance of which
depended upon the compliance by the applicant
therefor with conditions, standards or contingencies
provided by law or ordinance may be revoked by the
City Council for cause.
"SECTION 40.2; The term "for cause" as used in
this chapter shall mean the willful
failure of the licensee or permittee to continue
to comply with or continue to maintain those conditions,
standards or contingencies required for the issuance
of his license or permit, provided, that nothing
contained in this chapter shall restrict or prevent
the City from imposing such other penalties for the
violation of any ordinance as may otherwise be provided.
"SECTION 40.3: If the City Council shall find that
any licensee or permittee is willfully
failing to comply with, or is willfully failing to
continue to maintain those conditions, standards or
contingencies required for the issuance of his
license or permit, the City Clerk shall, upon the
direction of the City Council , notify such licensee
or permittee to comply with the required cbnditions,
standards or contingencies . The notice herein provided
for shall be in writing and shall set forth the
particular or particulars in which such licensee or
permittee has willfully failed to continue to comply
with, or has willfully failed to continue to maintain
the required conditions, standards or contingencies,
and shall state the thing or things required to be
done, and shall set forth a reasonable time, as
determined by the City Council, within which to comply
therewith. Service of such notice shall be by mail
addressed to such licensee or permittee at his business
address as set forth in his application for license
or permit.
"SECTION 40.4: If the licensee or permittee shall
fail to comply with any notice
issued as hereinabove provided for, the City Clerk
shall, at the direction of the City Council, issue
an order in writing to such licensee or permittee,
notifying him to appear at a public hearing before
the City Council to be held at a time to be fixed
-1-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39. FLORIDA
in said order, which date shall be not less than
fifteen (15) days after service thereof. The City
Council at said hearing shall proceed to hear and
determine the matters complained of . The licensee
or permittee shall be entitled to produce witnesses
and to be represented by counsel . If the City
Council shall find after such hearing that the
licensee or permittee has willfully failed to
continue to comply with or has willfully failed to
continue to maintain those conditions, standards
or contingencies required for the issuance of his
license or permit, the same shall thereupon be
revoked. Service of the order herein provided for
shall be made in the same manner as provided in
Section 40.3 hereof."
SECTION 2: Thatall ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 3: This ordinance shall,become effective immediately
upon its passage and posting as required by law .
PASSED and ADOPTED this 7th day of November , A D. 1956.
Mayor
ATTEST :
City C er
il881444-#'--
1st reading - October 17, 1956
2nd reading - October 17, 1956
3rd reading - November 7, 1956
Posted - November 8, 1956
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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. 1235 , entitled:
"AN ORDINANCE AMENDING 'THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, 1950' BY ADDING A NEW CHAPTER THERETO,
TO BE NUMBERED CHAPTER 40 AND PROVIDING FOR THE.
REVOCATION FOR CAUSE OF LICENSES AND PERMITS BY THE
CITY COUNCIL",
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 November, 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 2nd day of January, A.D. 1957
I 4J444
City C/er
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