Ordinance 75-2048 ORDINANCE NO. a-2048
AN ORDINANCE FINDING THE NECESSITY FOR
CONSUMER PROTECTION; CREATING CHAPTER 9A
OF THE CITY CODE TO BE ENTITLED "CONSUMER
PROTECTION" ; PROVIDING FOR DEFINITIONS ;
REQUIRING CERTAIN CONSUMER INFORMATION;
PROVIDING MEANS OF DISCLOSURE; PROVIDING
EXEMPTIONS; PROVIDING FOR PENALTIES FOR
VIOLATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE FOR THIS
ORDINANCE AND REPEALING ALL ORDINANCES
IN CONFLICT.
WHEREAS, the City Council of the City of Miami Beach
finds that the present inflationary spiral is having a grave and
serious impact on consumers in the City of Miami Beach; and
WHEREAS, the City Council finds that the introduction
of the "Universal Product Code" will hinder Miami Beach consumers
in making intelligent choices in the purchase of consumer commod-
ities .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MIAMI BEACH:
SECTION 1. There is hereby created a new Chapter of the Code of
the City of Miami Beach, Florida, to follow Chapter 9,
to be known as Chapter 9A and to be entitled Consumer Protection,
which shall read as follows :
CHAPTER 9A
CONSUMER PROTECTION
SECTION 1. Definitions. As used in this Chapter:
A. "Seller" means any person engaged in the business
of selling a consumer commodity at retail.
B. "Consumer commodities" or "commodity" shall mean
the following, however packaged or contained,
except those items specifically excluded by
Section 4 .
1. Food, including all material, solid, liquid,
or mixed, whether simple or compound, used
or intended for consumption by human beings
or domestic animals normally kept as house-
hold pets and all substances or ingredients
to be added thereto for any purpose; and
2 . Napkins, facial tissues, toilet tissues, foil
wrapping, plastic wrapping, paper toweling,
disposal plates and cups ; and
3. Detergents, soaps and other cleansing agents.
C. "Food store" shall mean a store selling primarily
food at retail, which is not primarily engaged in
the sale of food for consumption on the premises .
D. "Total price" shall mean the price, not including
any sales taxes, for which any item is sold to the
consumer.
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
SECTION 2 . Total Price to be disclosed.
A. Each person who sells , offers for sale, or exposes
for sale at retail in a food store a consumer
commodity shall disclose to the consumer the total
price of the commodity as provided in this Chapter.
SECTION 3 . Means of disclosure.
A. The total price of every consumer commodity, not
exempted by Section 4, shall be disclosed, in
arabic numbers large enough to be readable, by a
label, tag or stamp affixed to the package or item
offered, kept, or exposed for sale except that in
the case of a package or item which, because of
its nature, shape, or other characteristic is not
capable of being labeled, stamped or tagged total
price shall be disclosed by a prominent sign, con-
spicuously placed in a manner calculated to attract
the attention of the consumer.
SECTION 4 . Exemptions .
A. The provisions of this chapter shall not apply to
the following consumer commodities :
1 . Food sold for consumption on the premises ;
2 . Any food which is primarily or exclusively a
gourmet or specialty food, provided that such
food is segregated and displayed as a gourmet
or specialty food;
3 . Any consumer commodity which is held out for
sale as kosher and complies with all provisions
of Chapter 16 relating to kosher foods ;
4 . Fresh fruit and vegetable produce;
5 . Any consumer commodity which is imported into
the State of Florida so long as same remains
in its original shipping container and is not
offered or held for retail sale in the City of
Miami Beach.
B . The provisions of this Chapter shall not apply to any
food store unless the inventory of such store as
valued by the Finance Department for purposes of
occupational licensing in the current license year
is Seventy-five Thousand Dollars ($75, 000.00) or more .
SECTION 5 . Violation and penalties .
A. Any person who violates this chapter shall upon a
finding of guilty be subject to a fine of up to
Two Hundred Fifty Dollars ($950. 00) for the first
offense . Upon a second or subsequent finding of
guilty within any period of twelve consecutive
months such person shall be subject to a mandatory
fine of Five Hundred Dollars ($500.00) .
B . For purposes of this chapter, each group of identical
consumer commodities for which on any single day the
total selling price is not displayed in accordance
with this section shall be considered a violation of
this section. Each day a violation is continued
shall constitute a separate violation .
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 x
rev. 11/5/75
SECTION 6. Enforcement.
It shall be the duty of the appropriate Department of
Metropolitan Dade County, Florida, to enforce the
provisions of this Chapter .
SECTION 2 . It is the declaration and intent of the City Council
that each section and subsection and paragraph of the
Chapter created herein be severable and the Council further declares
that it would have passed each such section, subsection or paragraph
independently of the others .
SECTION 3 . The provisions of this ordinance shall go into effect
upon its passage in accordance with law.
SECTION 4. All ordinances or parts of ordinances in conflict here-
with be and the same are hereby repealed.
PASSED and ADOPTED this 5th day of November , 1975 .
•
Mayor
Attest:
City Clerk
1st Reading - September 18, 1975
2nd Reading - November 5, 1975
Posted - November 10, 1975
(The foregoing Ordinance was
requested by Councilman Spaet)
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
rev. 11/5/75
STATE OF FLORIDA
COUNTY OF DADE:
I , ELAINE MATTHEWS, City Clerk, in and for the City of Miami Beach,
Florida, do hereby certify that Ordinance No. 75-2048 entitled:
AN ORDINANCE FINDING THE NECESSITY FOR CONSUMER PROTECTION; CREATING CHAPTER 9A OF THE
CITY CODE TO BE ENTITLED "CONSUMER PROTECTION"; PROVIDING FOR DEFINITIONS; REQUIRING
CERTAIN CONSUMER INFORMATION; PROVIDING MEANS OF DISCLOSURE; PROVIDING EXEMPTIONS;
PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE FOR THIS ORDINANCE AND REPEALING ALL ORDINANCES IN CONFLICT.
having been passed and adopted by 'the City Council of the City of
Miami Beach, Florida, has been posted by me at the door of the City Hall
in said City on the 10th day of November 1975,
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
17th day of December , 1975.
6g,-1 )91 li.6(1441C.)
City Clerk
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