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Ordinance 81-2274ORDINANCE NO. 81-2274 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, REQUIRING RETAIL ESTABLISHMENTS TO DISCLOSE REFUND AND EXCHANGE POLICIES UNLESS FULL REFUNDS OR EXCHANGES ARE OFFERED BY THE ESTABLISHMENT; REQUIRING RETAIL ESTABLISHMENTS TO HONORREFUNDSAND CRIMINAL EATiS OFFERED;PPPRO- VIDING CIVIL ROVIDINGIFO NAN EFFECTIV ES. DATEROVIDING BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 STATEMENT OF PURPOSE. This ordinance is designed to protect Miami Beach consumers, resi- dents and visitors alike, from unfair practices by retail merchants. The purpose of this measure is to ensure that establishments which restrict refunds or exchanges conspicuously disclose such restrictions. SECTION 2 DEFINITIONS. For the purpose of this ordinance: (a) "Retail Establishment" shall mean any store, merchant or organization, excluding not-for-profit organizations, selling merchandise to the general public, but shall not include restaurants. (b) "Sale of merchandise" shall include the sale, lease or other disposition for profit of goods or products of any type, but shall not include the sale, lease or other dis- position of custom-made or custom -altered goods or pro- ducts; or food or drink or other perishable goods. SECTION 3 REQUIREMENTS. (a) Any retail establishment within the City of Miami Beach failing to clearly disclose prior to sale, in both English and Spanish, by the use of prominently -displayed and le- gible signs at the point of sale, or by other equally con- spicuous means, its policy with respect to refunds and ex- changes, shall be obligated to provide full refunds or exchanges, as the customer prefers, without condition or delay for a period of 14 days after the sale of the mer- chandise. (b) Any retail establishment which has disclosed a policy of offering refunds or exchanges shall promptly grant refunds or exchanges to customers in accordance with said dis- closed policies, and no additional conditions shall be im- posed on such refunds or exchanges except as disclosed to the customer. (c) All sales of merchandise in excess of $1.00 shall be ac- companied by a receipt disclosing the seller's name, the date of sale and the sales price; merchandise sold for over $50 shall be accompanied by a written invoice or re- ceipt containing the date of sale, the purchase price, the name of the seller (both the firm name and the salesperson), the identification number or description of the merchandise sold, including the model and the manufacturer thereof. -1- OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 SECTION 4 ENFORCEMENT AND PENALTIES. (a) Civil Enforcement. The following civil actions may be brought by the City and/or the injured consumer, and shall not be mutually exclusive: (i) By City. Upon recommendation from the City Manager that a retail establishment has violated this Ordinance, the City Attorney may initiate an equity or other action against the retail establishment and its owners and principal officers, and in the event the retail establishment is found to have violated this Ordinance, the court shall award the City of Miami Beach reasonable attorney's fees and court costs. (ii) By Consumers. Any person injured by a violation of this Ordinance shall have the right to bring a civil action and if he or she prevails shall be awarded compensatory damages and reimbursement of attorney fees and costs. (b) Civil Penalties. In any civil action based on this Ordi- nance, if the injured consumer or the City proves that the violation occurred after one or more written warnings or notices of violation to the defendant, or was especially offensive or egregious, the court may impose punitive da- mages not exceeding $1,000 per violation or three times the price of the merchandise, whichever is greater. (c) Criminal Enforcement. A person, firm or corporation vio- lating or failing to comply with any of the provisions hereof shall, upon conviction, be fined not less than $100 for the first offense, $500 for the second offense, and not less than $1,000 for each subsequent offense. In ad- dition, the court may, at its discretion, impose on the owner or principal officers of the offending retail estab- lishment a term of imprisonment for up to 90 days for the second or subsequent offense. Criminal enforcement pro- ceedings shall be instituted and conducted by the Miami Beach Municipal Prosecutor on behalf of the City of Miami Beach. SECTION 5 SEVERABILITY. 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 provision and such holding shall not affect the validity of the remaining portions of this Or- dinance. -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 SECTION 6 EFFECTIVE DATE. This Ordinance shall take effect 60 days after its enactment. PASSED and ADOPTED this 2nd day of September , 1981. ATTEST: City C 1erk 1st Reading - July 8, 1981 2nd Reading - September 2, 1981 TMP:ab -3- ay6 — APPROVED LEGAL DEPT. By!t OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 OD Cr) I cA I •H Cr) Q.) 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