Ordinance 840 ORDINANCE NO. 81+0
AN ORDINANCE PROVIDING FOR THE
LICENSING OF NEWS STANDS ON PUBLIC
STREETS AND SIDEWALKS.
BE IT ORDAINED BY THE CITY COUNCIL OF TIE C ITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: It shall be unlawful for any person, firm
or corporation to erect, place, maintain
or operate, on any public street or sidewalk, or in any
other public way or place, in the City of Miami Beach,
Florida, any structure commonly known as a newspaper
stand or any stand or place where newspapers, magazines,
boobs, pamphlets, periodicals, sheets, cards or other
printed or written matter are sold, or offered or dis-
played for sale, and whether or not such sale or offer-
ing for sale is in conjunction with any other business
or occupation, without first having obtained a license
therefor from the City Clerk of the City of Miami Beach,
Florida, as hereinafter provided.
SECTION 2: Application for such license shall be made,
in writing, to the City Clerk upon such
form as shall be provided by him, and shall contain the
name and address of the applicant, the proposed specific
location of said newsstand, and shall be signed by the
applicant. It shall be accompanied by evidence that the
applicant has registered with the Miami Beach Police
Department and has been photographed and fingerprinted,
and that such structure and location has been approved
by the Chief Building Inspector. Approval of the issu-
ance of such license shall thereupon be in the discre-
tion of the City Council.
SECTION 3: The license provided for in Section 1 of
this ordinance shall state thereon the name
and address of the licensee and the specific location
for which the said license is granted. As an express
condition of the acceptance of such license by him, the
said licensee thereby agrees to indemnify and save harm-
less the City against all liability and expense which
may come against the City in consequence of the granting
of said license or on account of any act or thing done
by the licensee by virtue of the authority given in said
license.
SECTION 4: The license provided for in Section 1. of
this ordinance shall be subject to revoca-
tion in the discretion of the City Manager upon ten (10)
days written notice to the said licensee or his employee
or manager in possession thereof. T he City Manager is
hereby authorized, empowered and directed to revoke such
license when, in his discretion, the continued operation
of the newsstand has become, or shall appear to be likely
to become a nuisance, annoyance or hazard to the general
Public in its free and unencumbered use of the public
street, sidewalk or place, or interferes with the reason-
able requirements of pedestrian or vehicular traffic, or
with the free and unhindered passage between such street
or sidewalk and any entrances or exits of abutting pro-
perty. Nothing contained herein shall prevent the Chief
of Police of the City of Miami Beach, Florida, from
taking sumAary action to sbate the operation of such
newsstand at any time when such operation becomes a public
nuisance or hazard in fact. The conviction of said licensee
or his agents or employees for any illegal act in said opera-
tion of said newsstand or in connection with the said opera-
tion shall be sufficient cause for immediate revocation of
said license without the written notice otherwise provided
for herein.
SECTION 5: Any newsstand provided for in Section 1 of this
ordinance shall hereafter be constructed only in
accordance with the general design and regulations therefor
to be approved by the Chief Building Inspector. No stand
shall be so constructed as to extend or project more than
i inches over any public sidewalk or street; nor shall
any stand be so constructed as to prevent removal thereof
without damage or impairment to abutting property; provided,
however, that no newsstand shall hereafter be constructed,
or licensed for operation except with the written consent of
the person, firm or corporation entitled to the possession
and use of the property immediately abutting.
SECTION 6: No hawking, shouting or other noise, mechanical
or otherwise, shall be employed in connection
with the operation of any newsstand.
SECTION 7: The license provided for in Section 1 of this
ordinance shall, when issued, be conspicuously
posted upon such newsstand, and shall expire each year on
October 31st. It shall be renewable to the same licensee
at the same specific location upon application therefor and
upon payment to the City Clerk of the annual license fee,
which fee is hereby fixed at x:,150.00 ; provided that no li-
cense shall be transferable or assignable without the con-
sent of the City Council. No person, firm or corporation
shall hold more than one such license at any one time during
any fiscal year.
SECTION 8: Any person who shall violate or fail to comply
with any of the provisions of this ordinance
shall be punished by a fine of not less than Five W5.00)
Dollars nor more than One Thousand (4?1,000.00) Dollars, or
be imprisoned for not more than ninety (90) days, with or
without hard labor, or both in the discretion of the Court.
SECTION 9: If any section or subsection, sentence, clause
or phrase of this ordinance is for any reason
held to be unconstitutional, such decision shall not affect
the validity of the remaining portions of this ordinance and
each section, subsection, sentence, clause and phrase there-
of, irrespective of the fact that any one or more section,
subsections, sentences, clauses or phrases be declared un-
constitutional.
SECTION 10: All ordinances or Parts of ordinances in con-
flict herewith or inconsistent with the pro-
visions of this ordinance are hereby repealed, except that
this repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in
violation of any ordinance hereby repealed prior to the
taking effect of this ordinance.
SECTION 11: This ordinance shall become effective immedi-
ately upon its passage and posting as required
by law.
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PASSE.) and ADOPTED this 4th day of February, A. D. 19480
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ATTEST:
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City Clerk
1st reading - Jan. 21 , 1948
2nd reading - Jan. 21, 1948
3rd reading - Feb. 4, 191+8
Posted - Feb. 5, 1948
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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. 840,
entitled: "AN ORDINANCE PROVIDING FOR THE LICENSING OF NEWSSTANDS
ON PUBLIC STREr,TS AND SIDEWALKS", having been passed anJ 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,
Florida, one of which was at the door` of the City Hall in said
City on the 5th day of February A. D. 191+8, 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 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 9th day of March A. D. 1948.
City Clerk
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