Ordinance 526 ORDINANCE NO. 526
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, CONSTRUING THE TERM RETAIL,
FLORIST AND CUT FLOWER STAND PROVIDING
FOR THE LICENSING AND REGULATION OF RE-
TAIL SELLING OF FLOWERS, FUNERAL SPRAYS
WREATHS DESIGNS CORSAGES, POTTED PLANTS,
AND CUTTING AND BEDDING PL1Nb PROVIDING
THE MANNER OF DISPLAY OF SUCH PRODUCTS;
PRESCRIBING LICENSE FEE AND PROHIBITING
TRANSFER OF LICENSE; REPEALING ALL LAWS
IN CONFLICT HEREWITH; AND PROVIDING A
PENALTY FOR VIOLATION OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: It shall be unlawful for any person, firm or corpora-
tion to engage in the business of a retail florist or
cut flower stand, as such terms are hereinafter de-
fined, within the City of Miami Beach, Florida, unless such person,
firm or corporation shall have first obtained from the City Clerk
of said City a separate license for each place or location whereat
such business is conducted.
SECTION 2: The term "Retail Florist", wherever the same shall be
used herein, shall be construed to mean, and include,
any person, firm or corporation regularly engaged in
the business of selling at retail, flowers, funeral sprays, wreaths,
designs, corsages, potted plants or bedded plants; provided, how-
ever, that such term shall not be construed to mean, nor include,
persons, firms or corporations, selling any such products which
shall have been produced by themselves and offered for sale as
potted plants, annuals or cut flowers, sold without container, box,
or arranged in any floral design; nor shall the same be construed
to mean, or include, persons, firms or corporations selling only
dry bulbs, roots, tubers, corms, unpotted hardy perennials, dealt'.Mous plants, seedlings, evergreens, shrubs, vines, vegetable plants
or cereal plants.
SECTION 3: Every licensee hereunder shall maintain a regularly
established retail flower store or flower greenhouse,
which shall be adequately equipped with refrigeration
facilities, consisting of a minimum of two hundred (2001) cubic
feet of refrigeration to properly care for cut flowers and the
products in Section2 exclusively, authorized to be sold hereunder,
shall be offered for sale at such store or greenhouse and not else-
where.
SECTION 4 : The term "Cut Flower Stand" wherever the same shall be
used herein, shall be construed to mean and include
any person, firm or corporation, either regularly or
partially engaged in the business of selling cut flowers only,
exclusive of any, all and every other type and kind of flowers.
Each such Cut Flower Stand shall not be required to comply with
Section 3 of this Ordinance, but it shall be unlawful for such
Flower Stand to sell, design or make up any type, kind or manner
of floral display, including basket display, corsages, funeral
wreaths or sprays, etc.
SECTION 5: It shall be unlawful to display for sale any cut
flowers upon any sidewalk or thoroughfare of the City
of Miami Beach.
SECTION 6: No license shall be issued hereunder except upon ap..
plication therefor made in writing to the City Clerk
which application shall contain a statement giving the
true location on Miami Beach at which it is proposed to carry on
such retail florist or cut flower stand business, together with the
name, age and place of residence of the applicant, if an indivi-
dual; the names and addresses of the individual members of a
firm or co-partnership;; and the principal place of business of
a corporation; the statements in such application shall be sworn
to by the person making the same.
SECTION 7: The annual license fee for each retail florist's
place of business authorized hereunder shall be
THIRTY-.FIVE ($35.00) DOLLARS. The annual license
fee for each cut flower stand place of business authorized here-
under shall be TWENTY-FIVE ($25.00) DOLLARS.
SECTION 8: No license authorized hereunder shall be transfer-
able nor shall business thereunder be conducted ex-
cept at the place for which the same is issued and
by the person, firm or corporation to whom the same is issued.
SECTION 9: Whoever shall violate any of the provisions of
this ordinance shall, upon conviction thereof, be
punished by a fine not exceeding FIVE HUNDRED ($500.00)
DOLLARS, or by imprisonment not exceeding sixty (60) days , or by
both such fine and imprisonment.
SECTION 10: All ordinances and parts of ordinances in conflict
with the provisions of this ordinance are hereby
repealed.
SECTION 11: In the event any section, sub-section, sentence,
clause or phrase of this ordinance shall be de-
clared or adjudged invalid or unconstitutional,
such adjudication shall in no manner affect the other sections,
sub-sections, sentences, clauses or phrases of this ordinance,
which shall be in full force and effect, as if the section, sub-
section, sentence, clause or phrase so declared or adjudged in-
valid or unconstitutional was not originally a part thereof.
PASSED AND ADOPTED this 19th day of October, A. D. , 93g.
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ATTEST:
City Clerk
1st Reading -- Sept. 7th, 1938
2nd Reading . Sept. 7th, 1938
3rd Reading - Oct. 19th, 1938
Posted - Oct. 20th, 1938.
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. 526, entitled "AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, CONSTRUING THE TERM RETAIL FLORIST AND CUT FLOWER
STAND, PROVIDING FOR THE LICENSING AND REGULATION OF RETAIL
SELLING OF FLOWERS, FUNERAL SPRAYS, WREATHS, DESIGNS, CORSAGES,
POTTED PLANTS, AND CUTTING AND BEDDING PLANTS; PROVIDING THE
MANNER OF DISPLAY OF SUCH PRODUCTS; PRESCRIBING LICENSE FEE
AND PROHIBITING TRANSFER OF LICENSE; REPEALING ALL LAWS IN
CONFLICT HEREWITH; AND PROVIDING A PENALTY FOR VIOLATION OF
THIS ORDINANCE" , having been passed and adopted by the City
Council of the City of tiami 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 20th day of October, A. D. , 1938, and that said ordinance
remained posted for a period of at least thirty days in accord-
ance 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 7th day of December, A. D. , l93S.
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