Ordinance 1915ORDINANCE NO, 1915
AN ORDINANCE AMENDING CHAPTER 16* OF
"THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA" BY ADDING NEW SECTIONS THERETO
REGULATING THE MANNER OF SELLING AND
OFFERING TO SELL MERCHANDISE AT RETAIL.
WHEREAS, in certain commercial and retail store
use districts in the City, the practice has become prevalent
for certain retail merchants to sell, offer to sell, exhibit,
display, and expose for sale on the sidewalks, merchandise as
hereinafter defined from unenclosed and open buildings and
structures fronting and facing upon sidewalks and other public
ways, and in certain instances, utilizing the sidewalks and
public ways for selling, displaying for sale, and storing of
such merchandise; and
WHEREAS such practices pose a present, real and
substantial danger to the public health and safety; that smoke,
fumes, dirt and dust created by and resulting from vehicular
and pedestrian traffic serves to contaminate or exposes to
contaminate such merchandise; that such exhibition or exposure
for sale of such merchandise also attracts the presence of
vermin, insects and other contaminators; that the use of the
sidewalks and other public ways for the retailing of merchandise
poses a real and substantial danger and hazard to the safety
of pedestrians properly using sidewalks and other public ways;
and
WHEREAS it is the finding and determination of the
City Council that the retailing of merchandise from structures
constructed and maintained as little more than open sheds are
destructive to property values; deteriorate business neighborhoods
and create areas of blight; and
WHEREAS the Florida Supreme Court has recognized aesthetics
as being an essential attribute of a tourist community such
as the City of Miami Beach; and
WHEREAS it is self-evident that such "open shed"
retail establishments and "huckstering" practices are destructive
of, and completely abnegate the property values and the
legitimate aesthetic requirements of the community; and
WHEREAS the maintenance and preservation of the
status of the City of Miami Beach as a preeminent tourist and
resort community requires the adoption and enforcement of the
requirements herein set forth; and
WHEREAS it is the finding and determination of the
City Council of the City of Miami Beach that the adoption and
enforcement of said requirements is necessary for the public
health, safety and welfare of the citizens, residents and
tourists in the City of Miami Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That Chapter 16 of"The Code of the City of Miami
Beach, Florida" be and the same is hereby amended
by adding new sections thereto, to be numbered and to read as
follows:
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OFFICE OF CITY ATTORNEY - 1 130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"Section 16.78.1 Definitions: The following
definitions of words and terms
used hereinafter shall apply:
1. "Merchandise" as defined herein shall mean food,
groceries, grocery products, food products, fruit,
vegetables, garden produce, items of personal property
commonly sold in retail stores and establishments, but
shall not include newspapers, magazines, gas, oil and
petroleum products sold at service stations, boats,
automobiles, lumber and lumber products, except when sold,
offered for sale, or displayed from premises facing upon
a street or other public way and products normally stored
and sold in buildings constructed and used for Groups "E",
"F" and "J" Types of Occupancy, as defined in Chapters 10,
11 and 15, respectively, of the South Florida Building
Code.
2. "Premises": --"Premises" as herein defined and used
shall be defined as the buildings, structures,
facilities and open spaces located on one parcel of
land, all of which are owned under one ownership; or
under the control of the same lessee.
3. "Store Fronts": The term "store fronts" as used
herein, shall mean that portion of a building
exterior wall facing on an open court, street or other
public way and having glass areas to permit pedestrians
and/or vehicular passengers to view into the building
and observe a large part of the room, space, or merchandise
sold or offered to be sold therein.
"Section 16.78.2 It shall be unlawful for any person to
sell, offer to sell, store, exhibit or
display for sale, any merchandise as herein defined in
and on any premises located or situated in any retail
store district in the City except from within a building
which is fully enclosed on all sides by suitable and
appropriate walls constructed and maintained in accordance
with, and meeting the requirements of the South Florida
Building Code. No merchandise shall be sold or exhibited
for sale, stored, exhibited or displayed for sale, in any
open window, door, or other open aperture in such fully
enclosed building. Nothing in this section, nor in
Section 16.78.2, or in Section 16.78.3, shall be deemed
to prohibit the display of merchandise in store fronts
as herein defined provided that the same shall be closed
at all times. Doors shall not exceed in width the
measurements required under the provisions of the South
Florida Building Code, Section 3102.2(3), that is to
say, eleven inches of width for each fifty persons or
fraction thereof permitted under Group "G" Occupancy
"Section 16.78.3 The Building Inspector shall examine
and investigate the premises,
building or structure in which it is proposed to engage
in the business of selling merchandise as herein defined,
and no occupational license shall be issued for the
conducting of the sale of food, food products, merchandise,
or other personal property, on any premises unless the
said premises, building or structure is constructed and
maintained in accordance with the provisions of
Section 16.78.2".
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
•
I
"Section 16.78.4 Rules of Construction:
It is the purpose and intent of this ordinance to
prohibit and make unlawful the storage, sale, display
or offer to sell, merchandise as herein defined, other
than the exceptions enumerated herein, in any open space
and that certain enumerated merchandise shall be sold
solely from within the confines of an entirely enclosed
building, and that this ordinance is to be construed
liberally to effectuate said purposes and intent.
SECTION 2: All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 3: This ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED AND ADOPTED this 17th day of May, 1972.
Attest:
41/1
erk-Financ
City e Director
1st reading - May 3, 1972
2nd reading - May 17, 1972
POSTED - May 18, 1972
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GA/v1/4-k_Q;-),
Mayor
OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1915 entitled:
AN ORDINANCE AMENDING CHAPTER 16 OF "THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA", BY ADDING NEW
SECTIONS THERETO REGULATING THE MANNER OF SELLING
AND OFFERING TO SELL MERCHANDISE AT RETAIL.
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 18th day of May, 1972
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 28th day of June, 1972.
City Clerk and Finance Director
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