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Ordinance 371Or DINAI:CE NO, 7n:' AN ORDTNAYCE 7RE.,L TTNG ` 'E 73C1.X I.OG COMMIS- SION OF THE CITY OF MJKa 3E112H FCR 7HE REGULAR_ A -J— ,;,ND SUi ERS c_ ..j ., r �. ,;, -' I r WREST=G 0 OTHER SIMT �a Pl ,L.:LC EXHIBI- TIONS, PROVIDING FOR PERMIT FOR THE PRO-- iiOTING AND CONDUCTING ON SUCH .H TTIEITT.ONS AND THE GRA1T INrG OR DENYING O1 SUCH PERMIT L BY THE COMMISSION, AND PROVIDING FOR A PENALTY FOR VIOLATING THE TERMS OF SAID ORDINANCE. WHEREAS, it is deeiied necessary in the interests of the public welfare, that all _ u,;i=List c, coxinc„ wrestling or similar Public exhibitions held in the Ci C,<<r of Miami Beach be regulated andsupervised so that such exhibitions shall hereafter be held under prescribed rules and regulations by persons adequately quali- fied uali-.fied. to conduct same; NOW, THEREFORE, BE IT ORDAINED BY TT -TE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. DEFINITIONS: "Exhibitions" shall include any show, encounter, f i«bt or match, with or without gloves, commonly considered boxing; or wre st-- ling match, the same beinL; voluntary between two or more persons for money, prizes of any character, points, or fame, or any other thing of value, or upon the result of which any money or thin' of value is bet or wagered, whether admission fees are charged or not, directly or indirectly. "Person" shall include a natural person, a corporation created. under the laws of this or any other State, a partnership, associa- tion or a joint stock company. "Promoter" shall include any person or raersons, association or corporation enF aF ed in advertising, en couraa ;ing, promoting or brinE;ing about an exhibition in the Cit;i of Miami Beach. SECTION 2. A Commission is hereby created to be known as the Boxing, Commission of the City of Miami Beach, hose duty it shall be to ac.minister and provide for -the enforcement of all the provisions of this ordinance. Said Commis- sion shall consist of three members to be appointed by the City Council of the City of Miami Beach, any two of whom shall constitute a quorum. They shall serve during; the pleasure of the City Council. Said Commission shall have its office in the City Hall in the City of Miami Beach, and in rooms to be providedby the City for that purpose, and alll, .� , of its records 5h�.�.L.1. be: there ,r �;r :� �. Said Commis- sion shall hold meetings upon such jays as may be determined on by the Commission and may hold special meetings upon the call of the Chairman or any two members. It shall keep a complete record of all its meetings, all its acts and nll the business it transacts, and may pre-oare all necessary reultions and blank forms for the conducting of its business. The Commission may employ from time to time such clerks and employees as are necessary for the acf.ministration of this ordinance and shall pay salaries to such clerks and employees only out of such funds as said Commission may procure as hereinafter provided. The Commission and each of the members shall take and file the oath of office prescribed by law. The Commission shall report to the City Council of the City of Miami Beach annually the work during the preceding year. SECTION 3. The said Commission shall regulate and supervise and have jurisdiction over all pugilistic, boxing, wrest- ling or similar public exhibitions in the City of Miami Beach and no n.. -r sore or persons shall advertise, encourage, promote or enage in any such exhibition, directly or indirectly, without having; first obtained a permit for the holding of such ex- hibition from said. Commission as hereinafter provided. SECTION 4. A. APPLICA`.�.IC1�: No permiG shell be issued_ by cbe Boxinz Commission un --- less application threfor steall be first filed with said Com- mission in writing anG_ filed. -:rlth said Commission on or before five days Prior to Ghe date on rich pny such exhibition is intended to be held. Such application shill be upon forms prescribed by the Commission for th l.t Tui pose, :.nd. sit;ned by the person or persons intendinc, to conduct or promote such ex- hibitions; if the applicant is a corporation, the application shral be sined in the corpor+.te name by the P.residept thcreof; if the applicant is a partnership or association the ipplica- tion shall be sined by a member of such partnership or asso- ciation. B. APPLICATION _SWC):.r "O: The application for permit must be duly sworn to by the applicant, certifying to the truth of the statements therein contained. C. APPLE Cr1rr SON C 1 `'T r,, .• The application shall contain the following information, to -wit: (a) The name, e and residence of the applicant. (b) The length of time said applicant has resided or done business in the City of Miami Beach. (c) Whether the applicant intends to promote said exhibi- tion for himself or for others. (d) If applicant is not alone in the promoting of said exhibition he shall give the names and addresses of each and everyone of his other associates in connection with said exhi- bition. (e) If applicant is a corporation or partnership the names of all stockholders and partners shall be set forth in full and the interest of each. (f) A financial statement shall be given by the appli- cant from which the Commission may deGermine the financial re- sponsibility of the applicant. (g) The exact time, day and hour of the day, when said exhibition is intended to be held. (h) The exact place where said exhibition is intended to be held. (i) The names of the contestants intended to be engaged in said exhibition, to`ether with inform=ation as to the amount of money or guarantee each contestant is to receive or has been promised. The Commission may require the applicant to submit any other and further information i c rrr` y in its judgment deem neces- sary to enable it to ascertain the merits of such application. At the time of the filing:_.; of the application with the Commission as aforesaid, the applicant shall pay to the Commis- sion oy .fis- sion a fee of $5.001 which f e e shall be deposited in a fund b e - longing to said Commission for the purpose of paying its ad- ministrative expenses. SECTION 5. PERMIT: After the filing of said application with said Commission, it shall be the duty of said Commission to consider and deter- mine the merits of said application at a regular or special meeting held for that purpose; if upon examination of said appli- cation, the commission shall find that the applicant is of good moral character and financially able to promote said exhibition, that the time is satisfactory and the place of holding said. exhibition has been ao )roved by the City Council of the City of Miami Beach and is in confo2Anity with .the Zoninr,, Ordinance of said City and that the said exhibition is not against the public welfare and that the contestants are properly ::latched and are in sound ohysic<�l condition at the time of the contest, then a permit may be issued by said Commission to such . .?plicant to promote and carry out said exhibition. But every such permit issued to such applicant shall be subject to any and all rules and regulations made by said Commission. No permit shall be issued_ except as herein provided. The Commission may issue a permit for the holdin4 of :such ex- hibitions upon such terms and.'conditions as may be prescribed by it, and may in its discretion, change or modify such conditions from time to time, and may in its discretion, withdraw or cancel any per- mit already issued upon proper cause. SECTION 6. BOND: After the Commission has acted favorably upon any application, but before such permit is issued_, said applicant shall furnish to the City of Miami Beach a surety company bond, or a property bond with two good and sufficient sureties, owning real property in the City of Miami Beach, in an amount to be fixed and determined by the Commission and City Attorney at the time of granting said permit, said bond to be conditioned upon such terms and conditions as may be fixed and determined_ by said Commission, particularly upon the condition of the faithful holding and carrying, through of the exhi- bition intended to be staged or promoted by said applicant or the return by said applicant of all moneys received by said applicant in the sale of tickets or otherwise, in connection with the said ex- hibition. Upon the issuance of said permit, the applicant shall pay to said Commission a fee of $1.00. SECTION 7. All exhibitions as hereinabove defined and all persons in any wise connected with, interested in or participat- ing in any such exhibitions shall be subject to the rules and regulations and decisions of said Commission as it shell from time to time prescribe for the conduct of such exhibitions, subject to the approval of the City Manager of the City of Miami Beach. SECTION 8. Any person or persons violating any of the provisions of this ordinance or holdinZ5 any exhibition without a permit as herein provided, or selling tickets for any such exhibition for which no permit has been applied for, or which exhibition is not actually held, shaft, upon conviction in a Court of proper and competent jurisdiction, be fined not more than Two Hundred (200:00) Dollars, or by imprisonment not exceeding sixty days, or both, in the discretion of the Court. SECTION 9. If any para graph or section, clause, or phrase of this ordinance be held unconstitutional, such unconstitution- ality of such paragraph, section, clause or phrase shall not affect the validity of the remaining sections or portions of this ordinance which are constitutional. PASSED AND ADOPTED this 25th day o January., A. ,D. (Signed) Baron De Hirsch yer ,, Vice -President of City Council ATTEST :.,------ "- (Sig.pd) C. W. Tomlinson City Clerk (SEAL) APPROVED BY ME this 25th day,,%6P January, A. D., 1935. ( i ,n)Lbu s °'. = Snediar 1st Reading; November 9th; 1934. 2nd Reading, November 9th; 1934. 3rd Reading, January 2_5th, 1935. Posted -- January 26th, 1935. Mayor 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 Ordinance No. 371 entitled "AIN? ORDINANCE CREATING THE BOXING COMMISSION OF THE CITY nF MIAMI BEACH FOR THE RE- GULATING AND SUPERVISING OF PUGILISTIC, WRESTLING OR OTHER SIMILAR PUBLIC EXHIBITIONS, PROVIDING FOR PERMITS FOR THE PROMOTING AND CONDUCTING OF SUCH EXHIBITIONS AND THE GRANT- ING OR DENYING OF SUCH PERMITS BY THE COMMISSION, AND PRO- VIDING FOR A PENALTY FOR VIOLATING THE TERMS OF SAID ORDINANCE" having been duly 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 26th day of January, A. D., 1935, and that said ordinances 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 andaffixed the official seal of the City of Miami Beach, Florida, on this the 12th day of March, A. D., 1935.