92-2825 Ordinance
ORDINANCE NO.
92-2825
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REPEALING MIAMI
BEACH CITY CODE SECTIONS 25-37.9 ("EQUALITY OF
RIGHTS") , 2 5-78 ("RACIAL AND RELIGIOUS
DISCRIMINATION IN PLACES OF PUBLIC
ACCOHHODATION"), 25-79 ("SAKE - DEFINITION OF
PUBLIC ACCOMMODATION") AND 25-80 ("SAKE
EVIDENCE OF VIOLATIONS") ; PROVIDING FOR
SEVERABILITY; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA.
SECTION 1.
That Miami Beach city Code Sections 25-37.9 ("Equality of rights"),
25-78 ("Racial and religious discrimination - In places of public
accommodation") ,
25-79
("Same
Definition
of
public
accommodation") and 25-80 ("Same - Evidence of violations") reading
as follows are hereby repealed in their entirety:
Soo. 25 37.9. Equality of riqhta.
(a)
Equal rights.
Equality of rights ohall not be
denied or abridged on account of oex by any public Of
private peroon or entity within the City of Miami Beach.
Cender baoed diocrimination founded oolely on moral and
religiouo groundo ohall be exempt from thio oection.
(b) Criminal and civil enforcement. ~iolationo of this
1m.. ohall be prooecuted by the Miami Beach Municipal
rrooecutor, and oubject to fine and jail oentence not
exceeding five hundred dollaro and fourteen dayo,
reopectively. Any peroon injured by a violation of thio
lau may bring a civil action and ohall be awarded
punitive damageD and attorneyo fees in appropriate caoeo.
(Ord. No. 81 2248, ~1.)
Soo. 2S 78.
Raoial and roliqioua diaorimination
In plaooa H
public aooommodation.
It shall be unlawful for any peroon in the city, ao owner, leooee,
operator, manager, ouperintendent, conceooionaire, cuotodian, ;1gent
or employee of any place of public accommodation, reoort or
amuoement, ao hereinafter defincd, to place, poot, maintain or
dioplay, or knowingly cauoe, permit or allow the placing, pooting,
maintenance or dioplay of any written or printed advertisement,
notice or oign of any kind or deocription, which advertioement,
notice or sign is intended to or tendo to diocriminate directly or
indirectly againot, or actually diocriminatco againot any pcrso~
any religion or of any religiouo belief, scct, race or dcnomination
in the full enjoyment of any adyantagcD, facilitico or privilcgco
offered to the general public by placeo of public accommodation,
reoort or amuoement. (Code 1950, S22.59.)
See. 25 79.
Same
Definitien of publie aeeemmo4ation.
A place of public accommodation, reoort or amuocment,
within the meaning, intent and purpooe of thc preceding
oection, ohall be deemed to include inno, taverno,
roadhouoeo, hotels, apartmcnt hotelo, whether conducted
for the entertainment of tranoient gueoto or for the
accommodation of thooe Deelcing health, recreation or
reot, and reotauranto, eating houoea or any placc whcre
food io oold for conoumption on thc prcmiseo, buffeto,
oaloono, barroomo or any otore, park or enclooure ~here
opirituouo or malt liquoro are oold, or where beverageo
of any lcind are retailed for conoumption on the premioeo,
retail otorco and eotabliohmento, diopenoarieo, clinico,
hoopitalo, bathhouoeo, barberohopa, Bcauty parloro,
theatero, motion picture houoeo, airdromcD, roof gardeno,
muoic hallo, race couroco, olcating rinlco, amuoement and
recreation parks, fairo, bowling alleyo, golf couroeo,
gymnaoiumo, ohooting gallerico, billiard and pool
parloro, public librarico or educational facilitico
supported in whole or in part by public fundo or by
contributiono oolicited from the general public, and
public conveyanceo operated on land, air or water ao well
ao the otationo and terminalo thereof. (Code 1950,
~22.60.)
2
See. 25 SQ.
Same
Bvi4eBea af 7ialatioBs.
In any prooecution for the violation of ocotiono 25 78 and 25 79,
the production of or proof of the dioplay or maintenance of any
ouch written or printed notice or advertiocment purportinEj to
relate to any place of publio aooommodation ohall be preoumptivc
evidence that ouch dioplay or maintenanoe wao authoriBed by the
peroon maintainin~
and
operatin~
auch place
of public
accommodation. (Code 1950, ~22.61.)
SECTION 2. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 3.
REPEALER
All Ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 4.
EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its a option,
on
December 2
, 1992.
ATTEST:
"ff~ ~.~
CITY CLERK
1st reading 11/8/92
2nd reading 12/2/92
JKO/jal
(a:\res ord\com.memos\CHAP25.ord)
FORM APPROVED
~~~~~~~!~ t .~.Ij:/
By /. .
ti.q,.V-.!9
Date
3