Ordinance 82-2333ORDINANCE NO, 82-2333
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA REPEALING EXISTING
SECTION 20-15 OF THE MIAMI BEACH CITY CODE IN
ITS ENTIRETY AND ENACTING A NEW SECTION 20-15 TO
IMPOSE LIMITATIONS ON THE LICENSING OF GUN
DEALERS; PROVIDING FOR DEFINITIONS, REGULATION
OF FEES FOR THE DEALERS' OCCUPATIONAL LICENSE,
REGULATION OF ALL SALES OF FIREARMS, PROHIBITED
SALES, REGISTRATION OF SALES OF FIREARMS;
REPEALING SECTIONS 25-111 THROUGH 25-124
INCLUSIVE, AND SECTION 25-128 OF THE CITY OF
MIAMI BEACH CODE; AND ALL OTHER ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1
Existing Section 20-15 of the Miami Beach City Code is hereby
repealed and a new Section 20-15 is hereby enacted to read as
follows:
Sec. 20-15. Definitions; licensing of gun dealers; fees;
sales.
1. Definitions:
For the purposes of this section, the following words
shall have the following meanings:
(a) "Firearm," unless otherwise indicated shall
mean any revolver, pistol, rifle, shotgun, machine gun,
destructive device or other weapon which expels a
projectile by the action of an explosive.
(b) "Saturday Night Special" shall mean any fire-
arm which is 32 caliber or smaller, whose barrel is less
than three inches, except those whose frame is an invest-
ment cast of forged steel, or investment cast of forged
high intensity alloy.
(c) "Sale" shall include all transfers, assign-
ments, pledges, leases, loans, barters or gifts.
2. Licenses required: Every person engaged in the
business of selling firearms at retail shall obtain a
license pursuant to this section.
3. Licensing procedures: No license shall be issued
under this section until the City Manager has examined
the applicant and obtained certain information as fol-
lows:
(a) Prohibition. It shall be unlawful for any per-
son, without being licensed as provided in this section,
to engage in the business of selling firearms. This li-
censing requirement applies to persons in the firearms
business or in the business of gunsmithing, and does not
apply to isolated sales, transfers or trades between in-
dividuals who are not regularly engaged in the sale or
offering for sale of firearms.
(b) Application for license; content. Applicants
for licenses to sell firearms under this section must
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
file with the Finance Director their applications in dup-
licate in the form prescribed by the City Manager. All
applications must be signed and verified by all person(s)
in whose name(s) the license is to be issued. The appli-
cation shall state the full name, age, residence, present
and previous occupations of each person so signing the
same, and shall also specify the complete name, address
and location of the place of business, as well as other
facts as may be required by the City Manager to show the
good character, competency and integrity of each person
signing the application or otherwise involved in the
business.
(c) Demonstration of knowledge of city, county,
state and federal laws applicable to sale of firearms re-
quired; fees. As part of the application procedure for a
license to sell firearms, two forms of license shall be
devised. The first license shall be the dealer license,
which shall be issued to the owner, whether corporate or
individual, of any business which sells firearms at re-
tail, for a license fee of $300.00; the second shall be
the employee license, which shall be issued for a fee of
$300.00 to any employee who is engaged as an agent or em-
ployee in the retail sale of firearms. It shall be the
duty of the City Manager or his designee, with the advice
of the police chief, to prepare a manual from which
questions on a short written examination will be taken so
that the applicant, whether a dealer or employee, shall
show his knowledge of federal, state, county and city
laws governing firearm sales and ownership. If the
applicant should have difficulty with the written or
spoken English language, which seriously impairs his
ability to demonstrate his knowledge of such laws,
special provisions shall be made through an interpreter
or otherwise, for the administration of the required
written examination to such person. In the event of
failure, the applicant may retake the test seven days
from date of examination; however, no person shall be
allowed to take this test more than three times in a
twelve month period.
(d) Investigation of application; fingerprinting.
(1) The City Manager shall require, upon the
initial application, for applicants for licenses to be
fingerprinted, and shall require them to attach to their
initial applications their photographs. The chief of po-
lice may make a records check of each applicant. The
Chief of Police shall make a complete investigation of
the applicant only when so directed by the City Manager.
(2) The applicant's fingerprints shall be
searched for any previous criminal record and shall be
placed on file by the Chief of Police of the city.
(e) Issuance of license. Upon completion of an in-
vestigation showing the statements on the application to
be true, and the taking and passing of the required writ-
ten examination on gun control laws and the sale of fire-
arms, and due inquiry into the good character, competency
and integrity of the applicant, if the City Manager is
satisfied as to the applicant's good character, compe-
tency and integrity, a license shall be issued to the ap-
plicant by the Finance Director, provided that:
(1) No license may be issued to any person who
has been convicted of a felony and whose civil rights
have not been restored, or who is under eighteen years of
age.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
(2) No license may be issued solely in the
name of a corporation, firm, partnership, company or
other legal entity, but the corporate name may be listed
on the license.
(f) File of applications and licenses. After dis-
position of the application, the original shall be main-
tained in the files of the City Manager. The duplicate
copy and all renewal licenses shall be filed with the
Chief of Police. Attached thereto shall be information
as to the final disposition of the application.
(g) Conditions; revocation. A license issued in
accordance with the provisions of this section is subject
to the following conditions, for breach of any of which
the license is subject to revocation:
(1) The business shall be carried on only in
the premises designated in the license.
(2) The license or a copy certified by the is-
suing authority shall be displayed in a conspicuous
place on the premises in which the business is con-
ducted where it can be easily read.
(3) No handgun, or imitation thereof, shall
be placed in any display window of the premises.
(4) No handgun shall be delivered until
seventy-two hours after the sale has been completed,
unless the purchaser is the possessor of a valid
license or permit to carry firearms issued within
the state, which license to carry shall be displayed
at time of sale, except where an operable firearm is
traded for another operable firearm, provided, how-
ever that the provisions of this subsection shall
not apply to duly employed federal, state, county or
municipal law enforcement officers.
(5) A true record of every sale of firearms
shall be kept by the licensee in accordance with the
provisions of §20-15.4(c), on a form prescribed by
the Chief of Police, and a copy of the record of
each sale shall be mailed to the Chief of Police
within twenty-four hours of the delivery of the
firearm. All firearms with overall length of
twenty-six and one-half inches shall be excluded
from this requirement.
(6) The following shall also constitute
grounds for revocation of the license:
(a) Conviction of the licensee of any
felony.
(b) Any grounds for which the licensee
could have been refused when applied for.
(c) Conviction for violation of subsec-
tion 20-15.3(d) of this section.
(7) Upon revocation, the licensee or
licensees shall be entitled to an immediate hearing
before the City Manager or his designee upon the
merits to obtain reinstatement of said license. The
circuit court shall review orders denying a licensee
to sell and orders denying reinstatement of a
revoked license.
(h) Licenses nontransferable; expiration
date; renewals:
(a) Licenses under this section are not
transferable. It shall be unlawful for any licensee
to assign, sell, lease or in any manner transfer or
attempt to sell, lease or in any manner transfer
said license or any rights or duties thereunder.
(b) If, during the term of the license, a per-
son so licensed ceases to engage in the said busi-
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
ness or ceases to sell firearms, said license may be
surrendered to the city, which shall thereby relieve
said person from future responsibility under the
license.
(c) Any licensed employee may work at any
other licensed dealer premises in the City of Miami
Beach without notice of transfer to the City Commis-
sion.
(d) Annual renewal for either dealer or em-
ployee licenses shall be a form listing the name,
address, company name and address, City of Miami
Beach license number, and notarized signature of the
applicant and shall require payment of a renewal fee
of $300.00.
(i) The license required by this section shall be
in addition to any firearms license required by
State and Federal law.
4. Prohibited Sales of Firearms; Registration of
Sales. The following restrictions shall apply to all
sales of firearms:
(a) Sales prohibited to certain persons:
(1) It shall be unlawful for any person to
sell, loan or furnish any firearm or ammunition to
any person whom he knows or has reasonable cause to
believe is under the influence of alcohol or any
narcotic, drug, stimulant, or depressant, or who is
of unsound mind, or to any minor under the age of
twenty-one years. In addition to all other
penalties, such unlawful sale, loan or furnishing
shall be grounds for revocation of any license
issued by the City to such person.
(2) It shall be unlawful for a licensed dealer
to sell, deliver, transfer, or furnish any firearm
to any person in the City of Miami Beach unless the
purchaser has passed a short written examination
prescribed herein by the City Manager or his
designee demonstrating the applicant's knowledge of
federal, state, county and City of Miami Beach
firearm laws. The purchaser must also demonstrate
his ability to safely handle the firearm to be
purchased.
Persons who have successfully completed the
above procedures in the course of purchasing a hand-
gun shall not be required to repeat such procedures
in any given year in order to purchase another hand-
gun of the same type and caliber previously pur-
chased. If the purchaser shall have difficulty with
the written or spoken English language, which ser-
iously impairs his ability to demonstrate his know-
ledge of such laws and his ability to safely handle
said handgun, special provisions shall be made
through an interpreter or otherwise, for the admin-
istration of the required written examination and
qualification procedure to such person. In the
event of failure, the applicant may retake the test
seven days from the date of examination, however, no
person shall be allowed to take this test more than
three times in a twelve month period as a result of
such failure.
The above prescribed procedure shall be admi-
nistered only by duly licensed dealers or salesmen
under this chapter. The results of the testing
shall be forwarded to the Chief of Police. The
signature of the purchaser upon the prescribed form
shall serve as a release of the transferor from all
civil liability as a result of carrying out this
section.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
(b) Prohibited sales:
(1) It shall be unlawful to sell any firearm
whose serial number has been altered, changed, dis-
figured or defaced.
(2) It shall be unlawful for any person to
sell or otherwise transfer any "Saturday Night Spe-
cial" as defined in §20-15.1(b) or offer or expose
for sale or transfer any such "Saturday Night Spe-
cials." (i) Notwithstanding the foregoing
provisions of this section, the sale of Saturday
night specials to law enforcement agencies or for
authorized military use shall not be subject to the
limitation herein set forth.
(ii) Subsection (2) shall not apply to
wholesale dealers in their business intercourse
with retail dealers nor to retail dealers in their
business intercourse with other retail dealers nor
to wholesale or retail dealers in the regular or
ordinary transportation of unloaded firearms, mer-
chandise by mail, express or other mode of shipment,
to points outside the country, nor to sales or
transfer of firearms that do not use a self-contain-
ing cartridge.
(c) Registration of sales and transfers required;
penalty.
(1) Register. Every person engaged in the
business of selling, leasing, or otherwise trans-
ferring firearms of a size capable of being readily
concealed on the person, whether such seller, lessor
or transferor is a retail dealer, pawnbroker, or
otherwise, shall keep a register in which shall be
entered the date and time of sale, lease or trans-
fer; the place where sold, leased or transferred;
the make, model, manufacturer's number, caliber or
other marks of identification of such firearm; the
purchaser's name, address, color, sex, age, weight,
height, complexion, color of hair, birthplace,
place of residence, length of residence, occupa-
tion, employer, and the date and time of delivery.
The vendor of such firearm shall give notice of
such sale, including the description of said fire-
arm, to the Chief of Police of the City and to the
United States Department of Treasury, Bureau of
Alcohol, Tobacco and Firearms, within twenty-four
hours.
(2) Purchaser and seller to sign. The person
to whom such firearm is sold, leased or otherwise
transferred shall sign and the dealer shall require
him to sign his name and affix his address to the
register in duplicate and the salesman shall affix
his signature in duplicate as a witness to the sig-
nature of the person to whom such firearm is sold,
leased or transferred.
(3) The person to whom such handgun is sold,
leased or otherwise transferred shall wait, and the
dealer shall require him to wait a period of
seventy-two (72) hours prior to such person
acquiring possession of such handgun.
(4) Fictitious name prohibited. Any person
signing a fictitious name or address in such regis-
ter is guilty of a violation of this section.
(5) Exceptions. This subsection (c) shall not
apply to wholesale dealers in their business inter-
course with retail dealers nor to retailer dealers
in their business intercourse with other retail
dealers, nor to wholesale or retail dealers in the
regular or ordinary transportation of unloaded
firearms, merchandise by mail, express or other mode
of shipment, to points outside the city, nor to
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
sales or transfer of firearms that do not use a
self-containing cartridge.
5. Inspection of sales record book. A sales record
book, as required by the Federal Firearms Act, shall be
open at all reasonable hours for the inspection of any
police or peace officer.
6. Penalty: Every person who is convicted for a
violation of this section shall be punished upon a first
conviction by imprisonment for not less than six months
or by a fine of not less than one thousand dollars or by
both such fine and imprisonment, in the discretion of the
court, and on a second and subsequent conviction shall be
punished by imprisonment for not less than one year or by
a fine of not less than one thousand dollars or by both
such fine and imprisonment, in the discretion of the
court.
SECTION 2 OTHER ORDINANCES
All ordinances or parts of ordinances in conflict herewith,
particularly Sections 25-111 through 25-124, inclusive, and Section
25-128 of the Miami Beach City Code, are repealed.
SECTION 3 SEVERABILITY
If any article, section, subsection, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held invalid or un-
constitutional 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 4 EFFECTIVE DATE
This Ordinance shall take effect ten (10) days after adoption in
accordance with law, on September 11,1982.
PASSED and ADOPTED this 1st day of September, 1982.
ATTEST:
Clerk
1st Reading 8/18/82
2nd Reading 9/1/82(as amended)
JAR/JK:jj
Rev. 9/1/82
FORM APPROVED
LEGr'L DEPT.
By
Date 91 I
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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