Ordinance 94-2942 ORDINANCE NO. 94-2942
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 20, ENTITLED "BUSINESS LICENSES" ,
AMENDING SECTION 20-0, ENTITLED
"CONSTRUCTION OF CHAPTER; DEFINITIONS, "
BY REVISING THE DEFINITION OF "SECONDHAND
GOODS" ; AMENDING SECTION 20-35, ENTITLED
"RECYCLERS AND SECONDHAND DEALERS/
PAWNBROKERS" BY EXEMPTING ..... TQE. . OE
App CERTAIN PREMISES OPERATED BY
SECONDHAND DEALERS FROM REQUIREMENTS
PERTAINING TO HOURS OF OPERATION AND
RECORDING AND REPORTING OF BUSINESS
TRANSACTIONS; PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, on May 4 , 1994 the Mayor and City Commission adopted
Ordinance No. 94-2924 which prohibited secondhand dealers and
pawnbrokers from conducting business between the hours of 5 : 00 P.M.
and 8 : 00 A.M. and extended recording and reporting requirements
applicable to transactions of pawn shops to secondhand dealers; and
WHEREAS, there are certain business establishments which deal
in secondhand goods which are not objects likely to be obtained
through crime and which are not pawned; and
WHEREAS, it is beneficial to the public and the business
operators to exempt these business establishments from restrictions
as to hours of operation and from recording and reporting
requirements .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
1
SECTION 1 . AMENDMENT OF SECTION 20-0 .
That Section 20-0 , of Miami Beach City Code Chapter 20,
entitled "Business Licenses" is hereby amended as follows :
Sec. 20-0 . CONSTRUCTION OF CHAPTER; DEFINITIONS.
(55) Secondhand goods. Personal property previously owned or
used which is not regulated metals property regulated under
Chapter 538 , Part II , Florida Statutes, and which is
purchased, sold, bartered, exchanged, consigned or pawned as
used property. The term shall include but not be limited to
watches, items containing gold, silver, platinum or other
precious metal ; jewelry, diamonds, gems, and other precious
stones, excluding costume jewelry; fishing rods and tackle;
audio and video equipment, including but not limited to
television sets, radios, amplifiers, receivers, turntables,
tape recorders, videotape recorders, speakers, and citizens'
band radios, and compact disc players; computer equipment ;
radar detectors ; depth finders; trolling motors; outboard
motors; photographic equipment, including but not limited to
cameras, lenses, electronic flashes, tripods and developing
equipment; machinery; tools, electric motors, calculators,
tires, hub caps, musical instruments, typewriters; weapons,
including knives, swords, and air guns; telephones, including
cellular and portable; microwave ovens ; animal fur coats ;
video games; office equipment such as copiers, fax machines
and postage machines; sports equipment; lawnmowers, bicycles ;
2
and motor vehicles . and fircarm3 .
SECTION 2 . AMENDMENT OF SECTION 20-35 .
That Section 20-35 of Miami Beach City Code Chapter 20 ,
entitled "Business Licenses" is hereby amended as follows :
Sec. 20-35 . RECYCLERS AND SECONDHAND DEALERS/PAWNBROKERS .
* * *
B. SECONDHAND DEALERS/PAWNBROKERS
* * *
8 . The provisions of this Section shall not apply to:
a. Registered religious or charitable
organizations selling reconditioned or used articles;
b. Any garage sale operator who holds garage sales
less than ten weeks per year.
c . Any person whose primary business is dealing in
gold or silver coins if such business is licensed pursuant to law
or ordinance .
d. Premises which are not pawnshops and where none
of the secondhand goods specifically listed in paragraph (55) of
Section 20-0 are purchased, sold, bartered, consigned or pawned.
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SECTION 3 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 4 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 5 . EFFECTIVE DATE.
This Ordinance shall take effect on the 15th day of
October 1994 .
PASSED and ADOPTED this 5th day of Octob:r , 1994 .
ATTEST: 'F
/ MAYOR
f
CITY CLERK
1st reading 9/26/94
2nd reading 10/5/94
(Requested by Commissioner Neisen Kasdin. )
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OFFICE OF THE CITY ATTORNEY
624 ify
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F L O R I D A
(*1iMcoa io *
LAURENCE FEINGOLD � P O BOX 0
CITY ATTORNEY '�cH 16""� MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE (305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO. -37-q /
DATE: October 5, 1994
TO: MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER ROGER M. ARLTON
,/
FROM: LAURENCE FEINGOLD 1
CITY ATTORNEY ✓7
C.i
RE: ORDINANCE AMENDING REGULATIONS PERTAINING TO HOURS OF
OPERATION AND REPORTING FOR SECONDHAND DEALERS
Commissioner Neisen Kasdin requested the attached Ordinance
which amends the City's regulations pertaining to secondhand
dealers who are not pawnbrokers by exempting dealers who deal
solely in objects which are not likely to be obtained by crime from
requirements restricting hours of operation and requiring reporting
of transactions to the City.
At the request of the Planning Board an ordinance was prepared
updating and strengthening the City's regulations pertaining to
pawnbrokers and secondhand dealers. The regulations require that
pawnbrokers and secondhand dealers not conduct business between the
hours of 5: 00 p.m. and 8: 00 a.m. Additionally, pawnbrokers and
secondhand dealers are required to keep a record of all
transactions and report detailed information about them to the
City's Police Department. The definition of "secondhand goods" sold
by secondhand dealers in the ordinance includes items which have
been previously used and are not sold as new. It specifies certain
examples, such as cameras, electronic devices, musical instruments
and jewelry which are frequently obtained by criminal acts but is
not limited to those specific items.
It has been pointed out recently by some secondhand dealers
that, as a result of this amendment, secondhand dealers who are not
pawnbrokers and who stock solely secondhand clothing, furniture, 44
luggage, books and other such items which are not usually related
AGENDA
!TEN
R- � �.
1700 CONVENTION CENTER DRIVE— FOURTH FLOOR — WAN
DATE
Mayor Seymour Gelber,
Members of the City Commission and
City Manager Roger M. Carlton
RE: ORDINANCE AMENDING REGULATIONS PERTAINING TO HOURS OF OPERATION
AND REPORTING FOR SECONDHAND DEALERS
September 22 , 1994
Page 2
to criminal acts are required to provide detailed reports of each
transaction to the City's Police Department and to close their
stores by 5: 00 p.m.
The attached ordinance corrects this situation by amending
City Code Section 20-0, by revising the definition of "Secondhand
Goods" to specify all items requiring reporting under Florida
Statutes Chapter 538 and by eliminating record keeping and
reporting requirements and restrictions as to hours of operation
for all secondhand dealers not dealing in those specified items.
On September 26, 1994, at the suggestion of Commissioner Nancy
Liebman, the City Commission also added a provision exempting
antique stores which are not pawnshops from the requirement to
close at 5: 00 p.m. Additionally, a provision was added clarifying
that secondhand dealers, including those exempt from the 5: 00 p.m.
closing requirement in the City's ordinance, must still comply with
applicable requirements of State Law pertaining to hours of
operation. Section 538. 15, Florida Statutes, requires secondhand
dealers to close by 10: 00 p.m.
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