Ordinance 501 ORDINANCE NO. 501
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
REGULATING THE SALE OF CERTAIN PERSONAL PROPERTY
BY PUBLIC AUCTION; PROVIDING FOR THE FORM OF
APPLICATION FOR LICENSE THEREFOR; PROVIDING FOR
THE ATTACHING OF AN INVENTORY OF ARTICLES TO BE
SOLD TO SAID APPLICATION; DESCRIBING ARTICLES TO
BE SOLD; PROVIDING FOR THE FURNISHING OF A BOND
BY THE APPLICANT, SETTING UP THE CONDITIONS OF
SAID BOND; PROVIDING FOR THE ISSUANCE OF LICENSES FOR
THE CONDUCT OF SUCH AUCTION SALES, AND FIXING THE
AMOUNT OF LICENSE FEE THEREFOR; PROVIDING FOR THE
LENGTH OF TIME SUCH SALES MAY BE HELD, AND WHEN;
PROVIDING FOR THE PRIVILEGE OF EXAMINATION OF SAID
ARTICLES BY THE CITY CLERK; PROHIBITING THE MAKING
OF FALSE STATEMENTS IN CONNECTION WITH SUCH SALE;
PROHIBITING THE USE OF BYBIDDERS AT SUCH SALE; MAK.
ING CERTAIN EXCEPTIONS TO THE APPLICATION OF SAID
ORDINANCE; PROVIDING FOR PENALTIES FOR THE VIOLATION
OF SAID ORDINANCE; REPEALING ORDINANCES IN CONFLICT
THEREWITH, AND OTHER MATTERS RELATING THERETO.
WHEREAS, the City Council of the City of Miami Beach, Florida,
deems it necessary to protect the public in the purchase of merchandise
of a character and in a manner which readily lends itself to the practice
of fraud and deception; and
WHEREAS, the sale at public auction of gold, silver, plated ware,
precious stones, watches, clocks, jewelry, tapestries, rugs, linens,
laces, antiques and other articles of similar kind, is of such a character
and manner as to readily lend itself to the practice of such fraud and
deception;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MIAMI BEACH, FLORIDA, THAT:
SECTION l: Before any person, firm or corporation shall sell or be
engaged in the business of selling, by public auction in
the City of Miami Beach, Florida, gold, silver or platinum articles,
gold or silver plated ware, gold or silver or other similar ornaments,
precious stones, watches, clocks, jewelry, statues, statuettes, bronzed
or enamelled figures or articles, engravings, etchings, drawings, paint•
ings, water colors, chromos, lithographs, china, earthen or glass ware,
ceramic ware, pottery, perfumes, laces, tapestries, linens, rugs, antiques
and other articles of similar kind, and furs, such person, firm or cor•
poration shall file a written application for a license with the City
Clerk of the City of Miami Beach, Florida, which application shall be
sworn to by the applicant, and shall set forth:
(1) The date and hour of such auction sale;
(2) The exact address of the place where the same will be held;
(3) The name or names of the person, firm or corporation
for which the same will be held;
( -) A description of the articles to be sold thereat;
(5) The date or dates of delivery of said articles to the
applicant;
(6) The place from which the same were last taken or bought,
and
(7) All other detailed information necessary exactly to
locate and fully to identify the said articles to be
offered for sale.
Attached to the application shall be an inventory in writing, sworn
to by the applicant, which shall show in detail the quality, quantity,
kind or grade of the articles proposed to be sold at said auction sale,
and stating the name or names of the owners thereof; that no other
articles will be sold at said auction sale, and that none of the said
articles to be sold or offered for sale at the proposed auction sale, shall
_
be resold or reoffered for sale at any other auction sale. The applies,.»
tion shall be accompanied by a bond to the City of Miami Beach, Florida,
in the penal sum of Five Thousand ($5,000.00) Dollars, conditioned that
the applicant shall pay all losses and damages which may lawfully be
claimed against the applicant on account of any misrepresenting of fact
or belief or any material suppressing of facts made by the applicant in
the conduct of said sale concerning the articles offered at such sale,
or damages which may occur out of the violation of any provisions of
law relating to such sale by said applicant. Said bond shall be ex.
ecuted as surety by a bonding or insurance company, licensed to do
business in the State of Florida. Such bond shall be for the benefit
of any person who may sustain any such loss or damage and any such
person sustaining such loss or damage may bring suit or action in any
court of competent jurisdiction to recover on said bond. The applicant
shall further pay to the City Tax Collector as a license for the privi•.
lege of selling such goods, wares and merchandise, the sum of One
Thousand ($1,000.00) Dollars for each sale.
SECTION 2. No license shall be issued to conduct a sale at public
auction for a longer period than fifteen (15) days, Sundays
and legal holidays excepted, and a period of at least six (6) months
must have elapsed after the conclusion of any auction sale conducted
after the enactment of this ordinance before another license shall be
issued to the same applicant, or to any other person, firm or corpora»
tion in privy with said applicant.
SECTION 3. The City Clerk before issuing a license shall have the
right, either personally or by a person duly authorized by
him, to examine the goods, wares, merchandise and other personal property,
specified in the inventory to be offered for sale to determine whether
said inventory correctly sets forth the items to be sold.
SECTION 4. No license shall be issued and it shall be unlawful for any
person, firm or corporation to conduct a sale at public
auction in the City of Miami Beach, Florida, between the hours of 6:00
P. M. and 8:00 A. M.
SECTION 5. It shall be unlawful for any person, firm or corporation to
sell, dispose of or offer to sell or dispose of any goods,
wares, merchandise or other personal property at a sale at public auction
which have not been included and described in the inventory filed with
the application for a license to hold such sale.
SECTION 6. It shall be unlawful for any person, firm or corporation
to make a printed or oral statement concerning the goods,
wares, merchandise or other personal property, which are the subject
of such sale at public auction if such statement is false in any parti..
cular or has a tendency to mislead any person present or to misrepresent
the quality, quantity, character, condition, value or cost of any such
goods, wares, merchandise or other personal property which are subject
to such sale at public auction.
SECTION 7: It shall be unlawful for any person, firm or corporation
to act or to cause any other person to act as a by»bidder
or what is commonly known as a "capper" or "booster" at any such sale
at public auction or any place where any such sale shall take place or
to offer to make any false bid or to pretend to bid for or buy any
article sold or offered for sale at any such auction; or for anyone
directly or indirectly in the employ of the person, firm or corporation
to whom a license has been issued under this ordinance to bid for or
buy any such article.
SECTION 8. The provisions of this ordinance shall not apply to any sale
pursuant to the judgment, decree or order of any Court, or
any sale made by an executor or administrator selling goods of their
decedent, or to any officer selling the property under legal process.
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SECTION 9. If any section of this ordinance or any part thereof,
shall be adjudged by any Court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of any other Section or part thereof.
SECTION 10. Any person violating the provisions of this ordinance
shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not more than Five Hundred
($500.00) Dollars, or by imprisonment in the City Jail for not more
than ninety (90) days, or by both fine and imprisonment in the dis»
cretion of the Court.
SECTION 11. Ordinance No. 4g3 and all ordinances or parts of ordinances
in conflict with the provisions of this ordinance are hereby
repealed.
SECTION 12. This cr dinance shall take effect immediately upon its
adoption and posting according to law.
PASSED AND ADOPTED this day of November, D., 1937.
/ing ayor
ATTEST:
(7-/'6-77-11-1`41.6-424"1"4-1°—`
City Clerk .
1st Reading — October 20, 1937.
2nd Reading -• October 20, 1937•
3rd Reading — November 5 1 .
Posted . November 6, l93(
STATE OF FLORIDA )
COUNTY OF DADE )
I, C. W. TOM INSON, City Clerk in and for the
City of Miami Beach, Florida, do hereby certify that Ordinance
No. 501 entitled "AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, REGULATING THE SALE OF CERTAIN PERSONAL PROPERTY BY
PUBLIC AUCTION; PROVIDING FOR THE FORM OF APPLICATION FOR
LICENSE THEREFOR; PROVIDING FOR THE ATTACHING OF AN INVENTORY
OF ARTICLES TO BE SOLD TO SAID APPLICATION; DESCRIBING ARTICLES
. TO BE SOLD; PROVIDING FOR THE FURNISHING OF A BOND BY THE APPLI-
CANT, SETTING UP THE CONDITIONS OF SAID BOND; PROVIDING FOR THE
ISSUANCE OF LICENSES FOR THE CONDUCT OF SUCH AUCTION SALES, AND
FIXING THE AMOUNT OF LICENSE FEE THEREFOR; PROVIDING FOR THE
LENGTH OF TIME SUCH SALES MAY BE HELD, AND WHEN; PROVIDING FOR
THE PRIVILEGE OF EXAMINATION OF SAID ARTICLES BY THE CITY CLERK;
PROHIBITING THE MAKING OF FALSE STATEMENTS IN CONNECTION WITH
SUCH SALE; PROHIBITING THE USE OF BY-BIDDERS AT SUCH SALE; MAK-
ING CERTAIN EXCEPTIONS TO THE APPLICATION OF SAID ORDINANCE; PRO-
VIDING FOR PENALTIES FOR THE VIOLATION OF SAID ORDINANCE; REPEAL-
ING ORDINANCES IN CONFLICT THEREWITH, AND OTHER MATTERS RELATING
THERETO, " having been passed and adopted by the City Council of
the City of Miami Beach, Florida, has been posted by me in three
conspicuous places in the City of Miami Beach, one of which was
at the door of the City Hall in said City on the 6th day of
November, A. D. , 1937, and that said ordinance remained posted
for a period of at least thirty days in accordance with the re-
quirements 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 8th day of December, A. D. , 1937.
e
City C - r.
.41
CITY ATTORNEY LAW OFFICES
BEN S H E PAR D
//19h//WW/MMAE/ City Hall,
MIAMI BEACH
V.B.RUTHERFORD
March 12, 1942 .
Mr. C. W. Tomlinson, City Clerk,
City Hall, Miami Beach.
Dear Sir:
Pursuant to your request, we have checked with
Mr. Bernstein as to the portions of Ordinance No. 501 which
were held invalid by the Courts in the Daoud validation, in
order to determine what portions, if any, of the Ordinance,
remained in effect.
From the information received from Mr. Bernstein
it appears that the portions of the Ordinance which remain
in effect are as follows:
"SECTION 1: Before any person, firm or corporation shall
sell or be engaged in the business of selling,
by public auction in the City of Miami Beach, Florida, gold,
silver or platinum articles, gold or silver plated ware, gold
or silver or other similar ornaments, precious stones,
watches, clocks, jewelry, statues, statuettes, bronzed or
enamelled figures or articles, engravings, etchings, drawings,
paintings, water colors, chromos, lithographs, china, earthen
or glass ware, ceramic ware, pottery, perfumes, laces,
tapestries, linens, rugs, antiques and other articles of
similar kind, and furs, such person, firm or corporation shall
file a written application for a license with the City Clerk
of the City of Miami Beach, Florida, which application shall
be sworn to by the applicant, and shall set forth:
(2) The exact address of the place where the same
will be held;
(3) The name or names of the person, firm or
corporation for which the same will be held;
The application shall be accompanied by a bond to
the City of Miami Beach, Florida, in the penal sum of Five
Thousand (0,000) Dollars, conditioned that the applicant shall
pay all losses and damages which may lawfully be claimed
against the applicant on account of any misrepresenting of
fact or belief or any material suppressing of facts made by
the applicant in the conduct of said sale concerning the
articles offered at such sale, or damages which may occur out
of the violation of any provisions of law relating to such
Mr. C. W. Tomlinson 3/12/42.
sale by said applicant. Said bond shall be executed as
surety by a bonding or insurance company, licensed to do
business in the State of Florida. Such bond shall be for
the benefit of any person who may sustain any such loss or
damage and any such person sustaining such loss or damage may
bring suit or action in any court of competent jurisdiction
to recover on said bond. The applicant shall further pay to
the City Tax Collector as a license for the privilege of sell-
ing such goods, wares and merchandise, the sum of One Thousand
($1,000) Dollars.
SECTION 4: No license shall be issued and it shall be
unlawful for any person, firm or corporation to conduct a
sale at public auction in the City of Miami Beach, Florida,
between the hours of 6:00 P.M. and 8:00 A.M.
SECTION 6: It shall be unlawful for any person, firm or
corporation to make a printed or oral statement concerning
the goods, wares, merchandise or other personal property,
which are the subject of such sale at public auction if
such statement is false in any particular or has a tendency
to mislead any person present or to misrepresent the quality,
quantity, character, condition, value or cost of any such
goods, wares, merchandise or other personal property which are
subject to such sale at public auction.
SECTION 7: It shall be unlawful for any person, firm or cor-
poration to act or to cause any other person to act as a
by-bidder or what is commonly known as a "capper" or "booster"
at any such sale at public auction or any place where any
such sale shall take place or to offer to make any false bid
or to pretend to bid for or buy any article sold or offered
for sale at any such auction; or for anyone directly or in-
directly in the employ of the person, firm or corporation
to whom a license has been issued under this ordinance, to bid
for or buy any such article.
SECTION 8: The provisions of this ordinance shall not apply
to any sale pursuant to the judgment, decree or order of any
Court, or any sale made by an executor or administrator selling
goods of their decedent , or to any officer selling the
property under legal process.
- 2 -
Mr. C. W. Tomlinson. 3/12/42.
SECTION 9: If any section of this ordinance or any part
thereof, shall be adjudged by any Court of competent juris-
diction to be invalid, such judgment shall not affect , impair
or invalidate the remainder of any other Section or part thereof.
SECTION 10: Any person violating the provisions of this
ordinance shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not more
than Five Hundred (500) Dollars, or by imprisonment in
the City Jail for not more than ninety (90) days, or by
both fine and imprisonment in the discretion of the Court.
SECTION 11: Ordinance No. 483 and all ordinances or parts of
ordinances in conflict with the provisions of this ordinance
are hereby repealed.
SECTION 12: This ordinance shall take effect immediately
upon its adoption and posting according to law.
Very truly yours,
.
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