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Ordinance 85-2494 ORDINANCE NO. 85-2494 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA AMENDING CHAPTER 9 OF THE MIAMI BEACH CITY CODE BY AMENDING SECTIONS 9-2 , 9-3 , 9-4 , 9-5, 9-6 , 9-9 , 9-10 , 9-11, 9-12, 9-13 AND 9-14 BY SUBSTITUTING "CITY MANAGER OR HIS DESIGNEE" FOR "FINANCE DIRECTOR" AS THE PARTY RESPONSIBLE TO REGULATE "CLOSING OUT SALES" , AMENDING SECTION 9-6 TO PROVIDE FOR LICENSE FEES , AMOUNTS AND PARTIAL REFUNDS OF SAME UNDER CERTAIN CONDITIONS , AMENDING SECTION 9-12 TO AMEND THE CONDITIONS OF THE BOND TO BE FILED ON THE INVENTORY VALUE; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Section 9-2 of the Code of the City of Miami Beach be and the same is amended to read as follows: Sec. 9-2 License-Required. No person shall advertise or conduct a sale, as defined in this chapter , without first obtaining a license therefor from the €4fianee el4feetet7 City Manager or his designee, in the manner provided in this chapter. (Ord. No. 1228, §1; Ord. No. 77- 2102, §2. ) SECTION 2: That Section 9-3 of the Code of the City of Miami Beach be and the same is amended to read: Sec. 9-3. Same-Application. No license required by this chapter shall be granted except upon written application, upon forms provided, to the €4nenee d4teeter7 City Manager or his designee. 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 f4naaee d4reeter City Manager or his designee at least five days prior to the advertising or conducting of such sale. 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 is a corporation, the name, address and title of at least one officer of such corporation. OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 (b) A description of the place where such sale is to be held. (c) The nature of the occupancy, whether by lease, sublease 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 in stock, on order or in transit and the cost and retail price of such goods. (f) The place where such goods were purchased or acquired and, if not purchased, the manner of such acquisition., (g) A statement by the applicant that upon receipt of a license for a sale in paragraph (a) of the definition of a "sale" in section 9-1, the applicant will immediately surrender any existing occupational licenses for such business for cancellation without refund of the fee or any portion thereof paid for such occupational license. (h) A statement by the applicant that representations made therein are bona fide. If application is made for a sale as defined in paragraph (a) of the definition of a "sale" in section 9-1, such application shall set forth and contain, in addition, that if such license is issued by the €€manee d4reeter7 City Manager or his designee, acting in reliance on such representations, the 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 for a period of two years from the date of such application and will not engage in the same business or a similar business under any name at such licensed premises for a period of two years from the date of such application. (i) Any additional information relating to such sale as the €€menee e7€feeter City Manager or his designee may deem necessary. No person shall knowingly falsify or misrepresent any information or -2- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 representations made in the license application provided for in this section. (Ord. No. 1228, §1; Ord. No. 77-2102, §2. ) SECTION 3: That Section 9-4 of the Code of the City of Miami Beach be and the same is amended to read as follows: Sec. 9-4. Same - Investigation by f4nalr>lee el±eeetee; City Manager or his designee; issuance; surrender of occupational licenses for certain sales. Upon receipt of an application for a license under this chapter and payment of the required license fee, the f4manee d4reetet City Manager or his designee shall cause the same to be investigated. If, after such investigation, the f4manee d4feetet City Manager or his designee is satisfied as to the truth of statements contained in such application, and as to the form and language content of the proposed advertising matter he shall issue a license permitting the advertising matter he shall issue a license permitting the advertising and conduct of such sale for a period of not more than thirty consecutive days, Sundays and legal holidays included, following the issuance thereof; provided, that in addition, for a sale as defined in paragraph (a) of the definition of a "sale" in section 9-1, the applicant shall surrender all occupational licenses held for such business as a prerequisite to issuance of such license. (Ord. No. 1228 , §1; Ord. No. 1633, §1; Ord. No. 77-2102 , §2 . ) SECTION 4: That Section 9-5 of the Code of the City of Miami Beach be and the same is amended to read as follows: Sec. 9-5 Same - When not to be issued. The €4nenee d4feeter City Manager or his designee shall not issue a license required by this chapter if any one or more of the following facts or circumstances are found: (a) That the applicant was granted a license for a sale within two years preceding the date of the filing of the application. (b) That the applicant has heretofore been convicted of a violation of this chapter or has had a license issued to him pursuant to this chapter revoked within a five-year period immediately preceding the date of filing of the application. (c) That the inventory includes goods purchased by the applicant, or added to. the -3- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 stock, in contemplation of such sale and for the purpose of selling the same at such sale. For the purpose of this subsection, any unusual addition to the stock of goods made within sixty 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. (d) That the 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 subsection (e) of section 9-3, or the value thereof, or the quality, kind or quantity of such goods, or the country of origin of such goods. (e) That any lease or sublease held by the applicant was formerly held by a corporation of which the applicant was an officer, director or stockholder or by any member of the applicant' s immediate family, and that such corporation or member of the applicant' s immediate family was granted a license required by this chapter within two years preceding the date of the filing of the application. (f) That any representation made in the application is false. (Ord. No. 1228, §1; Ord. No. 77-2102, §2. ) SECTION 5: That Section 9-6 of the Code of the City of Miami Beach be and the same is amended to read as follows: Sec. 9-6 Same - Fees. Applicants for an original license er renewal of a 14eease under this chapter shall pay to the €+iaaee d+reeter licensing division twenty flye six hundred dollars upon . the filing of such application to defray the cost of investigating the statements contained in the application. Once issued, said license shall be good for a period of thirty (30) days. An additional three hundred dollar fee shall be paid for an additional fifteen (15) day period. Upon proof to the satisfaction of the City Manager or his designee that the licensee has permanently closed his business, an amount not to exceed three hundred dollars shall be refunded to the licensee. Ne part e€ sueh fee shall be fe€undable- -4- 0 OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 SECTION 6: That Section 9-9 of the Code of the City of Miami Beach be and the same is amended to read: Sec. 9-9. Same - Renewal. No person shall conduct a business or conduct a sale after a date has been fixed for the closing of a business or advertise unless a renewal license shall first have been obtained from the €€aaaee d€eeetee- City Manager or his designee. In such case, no person granted such renewal shall conduct such business or conduct such sale beyond the closing date fixed in such renewal. The €€aanee e1€eeeter City Manager or his designee may renew a license granted under this chapter for one period of time only, such period to be in addition to the thirty days permitted in the original license and not to exceed fifteen consecutive days, Sundays and legal holidays included, when he finds upon submission to him of an application on forms provided and payment of the required fee that: (a) Goods inventoried in the original application have not been disposed of and that facts exist justifying license renewal. (b) The 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 subsection, 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. (Ord. No. 1228 , §1; Ord. No. 77-2102 , §2 . ) SECTION 7: That Section 9-10 of the Code of the City of Miami Beach be and the same is amended to read: Sec. 9-10. Same - Suspension. If for good cause shown it appears to the €€nanee el€feeter City Manager or his designee that in any sale conducted under this chapter a violation under this chapter has occurred, the €€aanee d4reeter7 City Manager or his designee, may, in his discretion, temporarily suspend any license granted under this chapter for a time not to exceed twenty- four hours for the purpose of investigation of such violation. If, upon investigation, the €€naaee e7€eeeter City Manager or his designee finds no violation has occurred, the time period in which such sale was to be conducted shall be extended by the period of time during which such suspension was in effect, but not to exceed a period of twenty- -5- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 four hours. (Ord. No. 1228, §1; Ord. No. 77-2102 , §2. ) SECTION 8: That Section 9-11 of the Code of the City of Miami Beach be and the same is amended to read: Sec. 9-11. Same - Revocation The €lienee e74reetee City Manager or his designee 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 misstatement in his application. (c) Failed to include in the inventory required under this chapter 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 such sale. (e) Made or permitted to be made any false or misleading statements or representations in advertising such sale of goods or in displaying, ticketing, pricing or identifying goods offered for sale. (f) Refused to allow examination by the €€sasee e74eeeter er h1s City Manager or his designee of the goods offered for sale or of the books and records of such sale. SECTION 9: That Section 9-12 of the Code of the City of Miami Beach be and the same is amended to read: Sec. 9-12. Bond required for certain sales No license for a sale defined by subsection (d) of the definition of a "sale" in section 9-1 shall be issued unless there is filed with the €€sasee ellreeter City Manager or his designee a bond in an amount equal to ten per cent of the inventory value of all the goods to be offered at such sale. Such bond shall be conditioned upon, (1) the faithful observance of all applicable provisions of this chapter; and (2) the indemnifying of any purchaser at such sale who suffers any loss by reason of any misrepresentation made in connection with such sale;. and -(3} the payment ef the 1#eense fee ef twe hundred dollars €er the €1tst thy days and as ae7e71t1esal twe hundred de11ats far the add1t1enal €iftees days reeslalreel by seetlen 28-17 {5371} 1s the event that the perm ttee dees net 1s feet permanently elese est h1s place ef hsslsess: Such bond shall be approved as to form by the city attorney and as to sufficiency by the €lsasee dlseeter City Manager or his designee. (Ord. , No. 1228 , §1; Ord. No. 77-2102 , §1. ) -6- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 SECTION 10: That Section 9-13 of the Code of the City of Miami Beach be and the same is amended to read: Sec. 9-13. Inventory - To be kept on licensed premises; inspection by €tnanee d1eeeter City Manager or his designee. A duplicate of the original application and inventory or renewal application and inventory shall be kept on the licensed premises at all times during any sale and shall be available at all times to the f4nenee d4reeter er h4e City Manager or his designee. The licensee under this chapter shall permit the €4naeee d4reeter er h4s City Manager or his designated inspectors to examine all goods on the premises for comparison with such inventory. (Ord. No. 1228, §1; Ord. No. 77-2102, §2. ) SECTION 11: That Section 9-14 of the Code of the City of Miami Beach be and the same is amended to read:Sec. 9-14. Same - Daily revision; complete records to be kept. At the close of each day' s business, the licensee under this chapter 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 f4neaee d+reeter e€ hie City Manager or his designee. (Ord. No. 1228 , §1; Ord. No. 77- 2102, §2. ) SECTION 12: REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTOIN 13: SEVERABILITY. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. SECTION 14: EFFECTIVE DATE This Ordinance shall take effect 10 days after its adoption, on Ortnhar 96 , 1985. • -7- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 PASSED AND ADOPTED this 16th day of October 1985. MAYOR ATTEST: G% / CITY CLERK 1st Reading - October 2, 1985 2nd Reading - October 16, 1985 Words etrue# thfetgh are deleted Words underlined are added. FOki.i. 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