Loading...
Ordinance 1398ORDINANCE NO. 1398 AN ORDINANCE AMENDING CHAPTER 17 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950" BY ADDING A NEW SECTION THERETO TO BE NUMBERED SECTION 17.15.1. WHEREAS the City Council of the City of Miami Beach has been informed and advised, by and through the Better Business Bureau of Greater Miami, and the public press, of the existence of numerous complaints by members of the public, particularly visitors and tour- ists, alleging that they have been the victims of fraudulent and de- ceitful practices by allegedly unprincipled and unscrupulous per- sons, firms or corporations holding business or occupational li- censes issued by the State of Florida and the City of Miami Beach, and WHEREAS it is not the function of the City Council of Miami Beach to determine whether such complaints are justified and founded upon fact, but WHEREAS the number, nature and evidence of such complaints are such as to tax human credulity, and regardless of the truth of such complaints their mere existence has created an existing public scandal of nationwide proportions, thereby threatening not only the entire tourist economy of the City of Miami Beach, but also the economic existence and survival of every reputable, conscientious and ethical merchant in the City of Miami Beach, and WHEREAS the City Council of the City of Miami Beach deems that it would be remiss in its duty if it failed to take official cognizance of the foregoing, or failed to exercise its legitimate police powers for the protection of the public to so regulate those fields of merchandising wherein said complaints have their origin so that such practices, if reality, need not be approved, permitted or condoned, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 That Chapter 17 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by add- ing a new section thereto immediately following Section 17.15 there- of and to be numbered and to read as follows: "17.15.1 (1) It shall be unlawful for any person to engage in the business of dealing in, or vending, at retail, linens, paintings, bric-a-brac, objets d'art, orna- mental furnishings, or similar goods, wares or merchandise of whatsoever nature and description which are, or are repre- sented to be, imports from any foreign country, without first obtaining a permit and license therefor&as provided herein, provided, however, that this ordinance shall not apply to any business in which the total amount of the sales prices of all items of such goods, wares, merchandise or articles offered for sale, or the market value, whichever is the greater, of such goods, wares, merchandise or articles dis- played in such manner as to reasonably create the belief that the same are offered for sale, does not exceed at any time during the period embraced by such permit or license, 25% of the market value of the remaining stock, goods, wares, merchandise, wheresoever located, of such business. 1 "(2) (a) The City Clerk is hereby authorized to grant, or renew the permit and occupational license required by this Chapter to any person applying therefor on a form to be provided by the City Clerk upon payment by the applicant of the fees provided for in Section 17.16 of this Chapter and the filing by the applicant of the bond or in- surance policy required by Paragraph (3) of this Section. (b) The form on which application shall be made for such license shall require the following information: 1. Name of the applicant. 2. Residence and business address of the applicant. 3. A statement as to whether or not the applicant holds, or has held, an occupational license from any State, municipality, governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued, a statement as to whether any State, municipality, governing body or licensing authority has ever refused to issue or to re- new an occupational license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any State, munici- pality, governing body or licensing authority has ever revoked an occupational license held by the applicant, together with a full and ac- curate statement as to the reasons for any such revocation. 4. A statement as to whether or not the applicant has ever been convicted of any crime, misde- meanor, or violation of any municipal ordinance, other than traffic, and if so, the nature of the offense and the punishment or penalty assessed therefor. 5. The fingerprints of the applicant and the names of at least five reliable property owners of the City of Miami Beach, State of Florida, who will certify as to the applicant's good moral character and business responsibility, or in lieu of such names of references, any other substantial evidence as to the good moral character and business respon- sibility of the applicant as will enable a proper evaluation of such moral character and business responsibility, except that the City Clerk may waive this requirement with respect to an appli- cation for renewal of an occupational license by any individual holding an unexpired occupa- tional license issued under this ordinance who has in a previous application under this ordinance complied with this requirement. (c) Before issuing an occupational license required under this ordinance to any individual applying therefor, the City Clerk shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public except that the City Clerk may waive this requirement with respect to an application for renewal of an occupational license by any person holding an unexpired occupational license issued under this ordinance if an investigation of such applicant's moral character and business responsibility has previously 2 It been made under this section in connection with a prior ap- plication for an occupational license under this ordinance. The City Clerk shall cause the investigation herein provided for to be made within a reasonable time and shall certify on said application his finding or determination whether or not the moral character and business responsibility of the ap- plicant is satisfactory. (d) An occupational license may be revoked by the City Council or an application for issuance or renewal of such license may be refused by the City Clerk, if it is de- termined after notice and hearing: 1. That the applicant or license -holder is not an individual of good moral character and business responsibility; or 2. That the application of the applicant or license - holder contains any false, fraudulent, or mis- leading material statement; or 3. That the applicant or license -holder has made, has caused to be made, or has approved, condoned, or ratified, any false, fraudulent, or misleading material statement in the course of selling or in offering for sale, any goods, wares, or merchan- dise in the City of Miami Beach; or 4. That the applicant or license -holder has per- petrated, has caused or encouraged the perpe- tration of, a fraud upon any person whether or not such fraud was perpetrated in the conduct of his business in the City of Miami Beach; or 5. That the applicant or license -holder has violated any of the statutes of the State of Florida or ordinances of the City of Miami Beach relating to the conduct of said business; or 6. That the applicant has been convicted of any crime or misdemeanor involving moral turpitude; or 7. That the applicant or license -holder has sold or offered for sale any goods, wares, or mer- chandise in the City of Miami Beach in an un- lawful manner or in such a manner as to invite a breach of the peace, or public disorder, or jeopardize the general welfare of the public. (e) Notice of the hearing provided for in sub- paragraph (d) above shall be given in writing to the appli- cant or license -holder as the case may be. Such notice shall be mailed, postage prepaid, to the applicant or li- cense -holder as the case may be, at his last known address at least five days prior to the date set for hearing. The applicant or license -holder as the case may be, shall have the right to be represented at such hearing by counsel. (f) Any individual aggrieved by the action of the City Clerk in refusing to issue any license shall have the right to appeal to the City Council of the City of Miami Beach. Such appeal shall be taken by filing with the Council, or person designated by it, within fourteen days after notice of the action complained of has been mailed, postage prepaid, to such individual's last known address, a written statement setting forth fully the grounds of appeal. The Council shall set a time and place 3 "for a hearing on such appeal and notice of such hear- ing shall be given to the appellant in the same man- ner as provided in sub -paragraph (e) above. The ap- pellant shall have the right to be represented at such hearing by counsel. (3) Every applicant for the occupational license required by this ordinance shall file with the City Clerk a surety bond running to the City of Miami Beach for the bene- fit of any vendee of the applicant or licensee in the sum of $20,000, with surety acceptable to and approved by the City Attorney, conditioned that the said applicant, if issued an occupational license, will comply fully with all the provi- sions of the ordinances of the City of Miami Beach and the statutes of the State of Florida regulating and concerning the business herein described, will render true and correct statements, receipts, or sales -slips of each sale of goods being, or represented to be, imports, to all purchasers; will not practice any fraud or deceit upon any purchase of goods from him or suffer or permit any person in his employ to practice any such fraud or deceit, and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence, or other wrongful act on the part of the licensee, his agent or employees, in the conduct of the business herein required to be licensed. An insurance policy issued by an insurance company autho- rized to do business in the State of Florida which con- forms to the above requirements may be approved by the City Attorney in his discretion in lieu of a bond. (4) The words "applicant" or "license -holder", in the case of a corporation or partnership, are hereby defined to be each of the officers, directors, partners, or managers, respectively, as the case may be. (5) The provisions of this section shall not be applicable to sales conducted by trustees or referees in bankruptcy, executors, administrators, receivers, or other public officers acting under judicial process. (6) Any person violating any of the provisions of this ordinance shall upon conviction thereof be subject to the penalties set forth in Section 1.8 of this Code. Each such violation shall constitute a separate offense and shall be punishable as such hereunder." SECTION 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provi- sion and such holding shall not affect the validity of the remain- ing portions of this ordinance. SECTION 3 All ordinances or parts of ordinances in conflict here- with be and the same are hereby repealed. SECTION 4 The health and welfare of the City being in peril, the three readings of this ordinance shall be had in one session and the City Council finding that this ordinance is neces- sary for the immediate protection of its citizens, it shall there- fore go into effect immediately upon its passage. PASSED AND ADOPTED this 26th day ofoffctobe.1 ,1960 . Attest: - Citylerk 1st reading - October 26, 1960 2nd reading - October 26, 1960 3rd reading - October 26, 1960 POSTED - October 26, 1960 Mayor STATE OF FLORIDA COUNTY OF DADE: I, R. WM. L, JOHNSON, City Clerk in and fur the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1398, entitled: "AN ORDINANCE AMENDING CHAPTER 17 OF 'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950' BY ADDING A NEW SECTION THERETO TO BE NUMBERED SECTION 17.15.1'", 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 26th day of October, 1960, 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 December, 1960. AI vI 1