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Ordinance 83-2391 ORDINANCE NO. 83-2391 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 25 AND CHAPTER 16 , OF THE CODE BY AMENDING SECTIONS 25-67.2, 16-78 , 16-78.1 TO PERMIT THE SALE OF MERCHANDISE ON THE PUBLIC RIGHTS OF WAY PURSUANT TO REVOCABLE PERMITS ISSUED BY THE CITY COMMISSION; PROVIDING FOR REPEAL OF CONTRARY ORDINANCES; PROVIDING FOR SEVERABILITY; PRO- VIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach would at times like to encourage outdoor sales of merchandise on special occasions, it is necessary to amend certain restrictions for the sale of merchandise in the City Code, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Chapter 25 - Section 25-67. 2 is hereby amended to read as follows: No food , goods, wares, merchandise or other like articles shall be exhibited, stored, or kept outside the physical confines of any store. Such items are specifically prohibited from being placed in any doorway, store entrance, yard, sidewalk, area way or public thoroughfare or other similar locations; provided that, this section shall not apply to the sale of plants and flowers from florist shops and to items being offered for sale pursuant to revocable permits issued by the City Commission for use of public rights of way. SECTION 2: That Chapter 16 - Section 16-78 is hereby amended to read as follows: No food shall be exhibited, stored, or kept on the outside of any store, in any doorway, yard, sidewalk, areaway or public thoroughfare; provided that this section shall not apply to items being offered for sale pursuant to revocable permits issued by the City Commission for use of public rights of way. SECTION 3: That Chapter 16 - Section 16-78 . 1 is hereby amended to read as follows: No merchandise shall be sold or offered for sale from or in any store premises having open store fronts, unless such merchandise is displayed and sold on private premises thereof at least three feet from the front building line of such premises; any stores having open fronts shall be closed after the hours of business thereof by permanent, suitable and appropriate structure or device, the appearance of which shall be in conformity and harmonious with the character of the area and neighborhood; provided that this section shall not apply to items being offered for sale pursuant to revocable permits issued by the City Commission for use of public rights of way. SECTION 4: OTHER ORDINANCES All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 SECTION 5: SEVERABILITY If any article, 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 effect the validity of the remaining portions of this ordinance. SECTION 6 : EFFECTIVE DATE This ordinance shall take effect ten (10) days after adoption in accordance with law, on November 26 , 1983. PASSED and ADOPTED this 16th day of November , 1983. MAYOR ATTEST: 10.0000,:de 54j0.20410/111404) CITY CLERK 1st Reading - October 19, 1983 2nd Reading - November 16, 1983 FORM APPF40Vtt. s. (; PT. ect„Aap Date __. -20 7'3 k OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 • WW�..11 UJ ti r1 a) J-I • H C.) 44 r ,.G cd cd O 1 +-) U •�}d^1 10 O •rl b0 ^ O U G 0 a) •rl i+ •rl C\ CO (1) Cl) •rl X+ CI) 0 H M a r-1 G 4-I 0 ?a a 00 oil 0 0 cd U 4-3 0 . •QfOUN 4.J oU +� Z Z d r- a) 1 •rl •rl 1/40 O W cd I a O •rl Ori Z N (N0J 0 cC 1-1 ,—i z co2 3 a) a) J, a P a a) b0 cd W .n a) a) .0 a; .N 0 w ° S-a cn cd O a•r1 b b G [ 0 0 (1) O (1) +1 .0 ca ua p bD O H •rl }I G G U •rl • �., U) •rl •rl a) .o U 4.) ro 4.4 a) •rl •rl •rl •rl LH <C0 00 aa)i a°+ 0 -' U 4.1 fa. fa. aacd