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Ordinance 502 ORDINANCE NO. 502 AN ORDINANCE PROHIBITING THE DRIVER OF ANY TAXI- CAB OR OTHER PASSENGER VEHICLE FOR HIRE, WHILE ENGAGED IN SUCH OCCUPATION WITHIN THE CITY OF MIAMI BEACH, FLORIDA, FROM SOLICITING THE PATRON- . AGE OF ANY PASSENGER IN THE VEHICLE DRIVEN BY HIM FOR ANY HOTEL, INN, OR APARTMENT HOUSE; PROHIBIT.. ING ANY SUCH DRIVER FROM DIVERTING OR ATTEMPTING TO DIVERT A PROSPECTIVE GUEST OF ANY HOTEL, INN, OR APARTMENT HOUSE TO ANY OTHER HOTEL, INN, OR APARTMENT HOUSE; PROHIBITING THE OWNER, MANAGER, LESSEE OR OPERATOR OF ANY SUCH ESTABLISHMENT WITHIN SAID CITY AND ANY OF THEIR AGENTS, SERVANTS OR EMP- LOYEES FROM PAYING ANY SUCH DRIVER ANY REWARD OR COMPENSATION DIRECTLY OR INDIRECTLY FOR SOLICITING GUESTS FOR SUCH ESTABLISHMENT, OR FOR DIVERTING ANY PROSPECTIVE GUEST FROM ANY OTHER HOTEL, INN, OR APARTMENT HOUSE THERETOFORE DESIGNATED BY HIM AS HIS CHOICE, TO THE HOTEL, INN, OR APARTMENT HOUSE OWNED, MANAGED, LEASED, OR OPERATED BY THE PARTY PAY- ING OR OFFERING TO PAY SUCH REWARD OR COMPENSATION; PROHIBITING ANY SUCH DRIVER FROM RECEIVING FROM ANY PERSON ANY REWARD OR COMPENSATION DIRECTLY OR INDIR*. ECTLY FOR ANY SUCH SOLICITATION OR DIVERSION; PRO- VIDING PENALTIES FOR THE VIOLATION HEREOF; REQUIRING THE CLERK OF THE MUNICIPAL COURT TO TRANSMIT A CERT- IFIED COPY OF THE CONVICTION OF ANY SUCH DRIVER OF A TAXI CAB, OR OWNER, OPERATOR, MANAGER, OR LESSEE OF ANY HOTEL OR APARTMENT HOUSE, TO THE BOARD OR OFFICIAL HAVING AUTHOROTY TO REVOKE THE LICENSE OF SUCH CON- VICTED PERSON; PROVIDING THAT IF ANY SECTION HEREOF IS DECLARED INVALID FOR ANY REASON SUCH INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE REMAINING SECTIONS HEREOF; AND REPEALING ORDINANCE NO. 31g AND ALL ORD- INANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, there has lately developed within the City of Miami Beach, Florida, a fraudulent practice among drivers of taxicabs and other passenger vehicles for hire engaged in the transportation of visitors and guests from railway stations , docks , bus stations, airports, and other termini to the various hotels, inns and apartment houses within said City, or diverting prospective patrons of such establishments from the places of their choice to establishments which offer secretive monetary rewards to such drivers for such diversion; and WHEREAS, such diversion is in most instances accomplished by mis- representation, results in unjust injury to the reputation of reputable hotels in said City, and creates unnecessary contention and strife among hotel owners and managers; and WHEREAS, such annoying solicitations of importunate drivers results in confusion, inconvenience, annoyance, embarrassment and financial loss to said prospective patrons of such establishments , who are visitors to said City; and WHEREAS, the housing and entertainment of such visitors constitutes the major industry of said City, and their comfort and convenience is therefore a matter affected with the public interest; and WHEREAS, the reputation of taxicab companies and others engaged in passenger transportation is likewise adversely affected by such practice; and WHEREAS, such practice is manifestly conceived and carried out with a fraudulent design to mislead passengers in such conveyances under the pretense of offering friendly, impartial, and gratuitous suggestions; and WHEREAS, the said practice is fostered and encouraged by the payment of the aforesaid secret monetary rewards to said drivers by unscrupulous hotel and apartment house owners and managers; and WHEREAS, the aforesaid fraudulent practice has become a public nuisance, which has now reached the proportions of "racketeering" , and such practice is so prevalent that the compensation paid said drivers by such hotel and apartment house owners and managers has become known by a commonly designated name, to—wit: "turkey money"; and WHEREAS, said practice has become so prevalent that legitimate hotels and similar establishments which refuse to pay said drivers the aforesaid bribery and graft, cnominated "turkey money" , are being unjustly deprived of a large number of guests who otherwise would normally patronize their establishments; and Whereas, such practice of said drivers necessarily diverts their attention from the safe and careful operation of their vehicles to the improper purpose of conversing, arguing with and persuading their passengers in an effort to divert such passengers to the hotel of the driver's choice, and is therefore manifestly detrimental to the public safety, and creates hazards not ordinarily incident to traffic upon the streets of said. City; and WHEREAS, uninformed visitors to this City who arrive at said termini with the intention of patronizing reputable hotel establish» ments which have been recommended to them are deceitfully diverted from such establishments whose proprietors refuse to pay said "turkey money" to less desirable establishments which pay said "turkey money" , all to the detriment of the reputation of the City of Miami Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. It shall be unlawful for the driver of any taxicab or other passenger vehicle for hire, while engaged in such occupation within the City of Miami Beach, Florida, to solicit the patronage of any passenger in the vehicle driven by him for any hotel, inn, or apartment house. Section 2. It shall be unlawful for the driver of any taxicab or other passenger vehicle for hire, while engaged in such occupa- tion within the City of Miami Beach, Florida, to divert or attempt to divert a prospective guest of any hotel, inn, or apartment house to any other hotel, inn, or apartment house. Section 3, It shall be unlawful for the owner, manager, lessee or operator of any hotel, inn, or apartment house located within the City of Miami Beach, Florida, or any of their agents, ser.w vants or employees, to pay or offer to pay to the driver of any taxicab, or other passenger vehicle for hire, any reward or compensation what- soever directly or indirectly for soliciting guests for said hotel, inn, or apartment house. Section 4• It shall be unlawful for the owner, manager, lessee or operator of any hotel, inn, or apartment house located within the City of Miami Beach, Florida, or any of their agents, servants or employees, to pay or offer to pay to the driver of any taxicab or other passenger vehicle for hire any reward or compensation directly or indirectly for the diversion of any prospective guest from any other hotel, inn or apartment house theretofore designated by said guest as the choice of said guest to the hotel owned, managed, leased or operated by the party paying or offering to pay such reward or comp. pensation. • w . Section 5. It shall be unlawful for the driver of any taxicab or other passenger vehicle for hire, to receive or agree to receive from the owner, manager, lessee or operator, of any hotel, inn, or apartment house located within the City of Miami Beach, Florida, or any of their agents, servants, or employees, any reward or compensation directly or indirectly for, (a) Soliciting guests for said hotel, inn or apartment house, or (b) Diverting guests to said hotel, inn, or apartment house, from another hotel, inn, or apartment house., theretofore designated by said guest as the choice of said guest. Section 6. Any person violating the provisions of this ordinance shall upon conviction thereof be punished by a fine not to exceed $1,000.00 or by imprisonment for aperiod not to exceed 90 days, or by both such fine and imprisonment in the discretion of the Court. Section 7. Upon conviction of the driver of any taxicab or other passenger vehicle for hire, orthe owner, operator, manager, or lessee of any hotel , inn, or apartment house of a violation of this ordinance, the Clerk of the Municipal Court of said City shall promptly transmit a certified copy of such conviction to the board or official thereof having authority to revoke the license of such convicted person. Section 8. If any section of this ordinance shall be declared invalid for any reason whatsoever, such invalidity shall not affect the validity of the remaining sections hereof. Section 9. Ordinance No. 318 and all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 10 This ordinance is hereby declared to be an emergency measure for the immediate preservation of the health and welfare of the City of Miami Beach, Florida, which is in peril, and for the protection of the citizens of said City, and shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 17th day of November, A. D. , 1937. 0' Apr wayor ATTEST: • City Clerk 1st Reading - November 17th, 1937. 2nd Reading - November 17th, 1937. 3rd Reading - November 17th, 1937. Posted - November 18th, 1937. STATE OF FLORIDA) COUNTY OF DADE ) I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ord- inance No. 502 entitled "AN ORDINANCE PROHIBITING THE DRIVER OF ANY TAXICAB OR OTHER PASSENGER VEHICLE FOR HIRE, WHILE ENGAGED IN SUCH OCCUPATION WITHIN THE CITY OF MIAMI BEACH, FLORIDA, FROM SOLICITING THE PATRONAGE OF ANY PASSENGER IN THE VEHICLE DRIVEN BY HIM FOR ANY HOTEL, INN, OR APARTMENT HOUSE; PROHIBITING ANY SUCH DRIVER FROM DIVERTING OR ATTEMPTING TO DIVERT A PROSPECTIVE GUEST OF ANY HOTEL, INN, OR APARTMENT HOUSE TO ANY OTHER HOTEL, INN, OR APARTMENT HOUSE; PROHIBITING THE OWNER, MANAGER, LESSEE OR OPERATOR OF ANY SUCH ESTABLISHMENT WITHIN SAID CITY AND ANY OF THEIR AGENTS, SERVANTS OR EMPLOYEES FROM PAYING ANY SUCH DRIVER ANY REWARD OR COMPENSATION DIRECTLY OR INDIRECTLY FOR SOLICITING GUESTS FOR SUCH ESTABLISHMENT, OR FOR DIVERTING AMY PROSPECTIVE GUEST FROM ANY OTHER HOTEL, INN, OR APARTMENT HOUSE THERETOFORE DESIGNATED BY HIM AS HIS CHOICE, TO THE HOTEL, INN, OR APARTMENT HOUSE OWNED, MANAGED, LEASED, OR OPERATED BY THE PARTY PAYING OR OFFERING TO PAY SUCH REWARD OR COMPENSATION; PROHIBITING ANY SUCH DRIVER FROM RECEIVING FROM ANY PERSON ANY REWARD OR COMPENSATION DIRECTLY OR INDIRECTLY FOR ANY SUCH SOLICITATION OR DIVERSION; PROVIDING PENALTIES FOR THE VIOLATION HEREOF; REQUIRING THE CLERK OF THE MUNICIPAL COURT TO TRANSMIT A CERTIFIED COPY OF THE CONVICTION OF ANY SUCH DRIVER OF A TAXICAB, OR OWNER, OPERATOR, MANAGER, OR LESSEE OF ANY HOTEL OR APART 1ENT HOUSE, TO THE BOARD OR OFFICIAL HAVING AUTHORITY TO REVOKE THE LICENSE OF SUCH CONVICTED PERSON; PROVIDING THAT IF ANY SECTION HEREOF IS DECLARED INVALID FOR ANY REASON SUCH IN- VALIDITY SHALL NOT AFFECT THE VALIDITY OF THE REMAINING SECTIONS HEREOF; AND REPEALING ORDINANCE NO. 318 AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITI; 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 18th day of November, A. D. , 1937, and that said ordinance remained posted for a period of at least thirty days in accordance with the requirements 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 lath day of January, A. D. , 1938. City clerk i.. ct }-h F-4 O 11 "i O 113 iga NJ (D CD 1-" H . .1ct E - 0 ti rn ci- • • • �U (D pi 0 H. CU CIF's CA ct •