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Ordinance 883ORDINANCE NO. 883 AN ORDINANCE,OF THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, MAKING IT UNLAWFUL TO MAINTAIN OR DISPLAY ANY ADVER- TISEMENT, NOTICE OR SIGN F'JHICH IS DISCRIM- INATORY AGAINST PERSONS OF ANY RELIGION, SECT, CREED, RACE OR DENOMINATION IN THE ENJOYMENT OF PRIVILEGES AND FACILITIES OF PLACES OF PUBLIC ACCOMMODATION, AMUSEMENT OR RESORT; DEFINING PLACES OF PUBLIC AC- COMMODATION AMUSEMENT C RESORT; PROVID- ING FOR A RULE OF PRESUMPTIVE EVIDENCE; PROVIDING FOR A PENALTY FOR THE 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, association or corporation in the City of Miami Beach, Florida, as owner, lessee, operator, manager, superintendent, con- cessionaire, custodian, agent or employee of any place of public accommodation, resort or amusement, as hereinafter defined, to place, post, maintain or display, or knowingly cause, permit or allow the placing posting, maintenance or display of any written or printed advertisement, notice or sign of any kind or description, which said advertisement, notice or sign is intended to or tends to discriminate directly or indirectly against, or actually discrimi- nates against any person or persons of any religion or of any re- ligious belief, sect, race or denomination in the full enjoyment of any advantages, facilities or privileges offered to the general public by places of public accommodation, resort or amusement. SECTION 2: A place of public accommodation, resort or amusement, within the meaning, intent and purpose of this ordinance, shall be deemed to include inns, taverns, road houses, hotels, apartment hotels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest, and restaurants, or eating houses, or any place where food is sold for consumption on the premises; buffets, saloons, bar -rooms or any store, park or enclosure, where spirituous or malt liquors are sold; or where beverages of any kind are retailed for consumption on the premises; retail stores and establishments dis- pensaries, clinics, hospitals, bath -houses, barber shops, beauty parlors, heatres, motion picture houses, air dromes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors; public libraries or educational facilities supported in whole or in part by public funds or by con- tributions solicited from the general public; and public conveyances operated on land, air or water as well as the stations and terminals thereof. SECTION 3: In any prosecution for the violation of this ordinance, the production of, or proof of the display or maintenance of, any such written or printed notice or advertisement purporting to relate to any place of public accommodation, shall be presumptive evidence that such display or maintenance was authorized by the person, firm, association or corporation maintaining and operating such place of public accommodation. -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA SECTION 4: If any section, sentence, phrase, word or words of this ordinance shall be held or declared invalid or unconsti- tutional, such adjudication shall in no manner affect any other section, sentence, phrase, word or words of this ordinance which shall be and remain in full force and effect. SECTION 5: a term not prisonment SECTION 6: ATTEST: Any person or persons violating this ordinance shall, upon conviction thereof, be punished by a fine not ex- ceeding $500.00 or by imprisonment in the City Jail for exceeding ninety (90) days, or by both such fine and im- in the discretion of the Municipal Judge. That this ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 15th day of June, A. D. 1949. 1st reading 2nd reading 3rd reading - Posted - - June 1, 1949 - June 1, 1949 June 15, 1949 June 15, 1949 -2 - OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 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. 885, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, MAKING IT UNLAWFUL TO MAINTAIN OR DISPLAY ANY ADVERTISEMENT, NOTICE OR SIGN WHICH IS DISCRI- MINATORY AGAINST PERSONS OF ANY RELIGION, SECT, CREED, RACE OR DENOMINATION IN THE ENJOYMENT OF PRIVILEGES AND FACILITIES OF PLACES OF PUBLIC ACCOMMODATION, AMUSEMENT OR RESORT; DEFINING PLACES OF PUBLIC ACCOMMODATION, AMUSEMENT OR RESORT; PROVIDING FOR A RULE OF PRESUMPTIVE EVIDENCE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE", 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 15th day of June, A. D. 1949, 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 18th day of July, A. D. 1949. City Clerk 0 H • : O •