Ordinance 1022ORDINANCE I; 0 . 1022
AN ORDINANCE All -FADING SECTION 27.8 OF "THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950".
BE IT ORDAINED EY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Section 27.8 of ''The Code of the City of Miami Beach,
Florida, 1950" reading as follows:
"Sec. 27.8. SUSPENSION AND PINING OF CONTESTANTS,
ETC.; DISPOSITION OF FINES.
The Commission shall have the power to suspend any
contestant, fine him or cause his purse to be for-
feited for violation of any of the provisions of
this article or the ru]e s of the commission. All
such fines and forfeitures shall be turned over by
the commission after ninety days to the welfare
department of the City for charity purposes. Nothing
herein shall be construed to limit the power of the
Commission to suspend any other person who might
COMB under its jurisdiction."
be and the same is hereby amended to read as follows:
"Sec. 27.8. SUSPENSION AND FINING OF CONTESTANTS,
ETC.; DISPOSITION OF FINES.
(A) For the violation of any of the provisions of
this article or the ru]e s of the Commission, the
Commission shall have the power to fine or suspend,
or to fine and suspend any promoter, manager, con-
testant, second or any licensee or permittee issued
a license or permit by the Commission. In addition
to such fine or suspension the Commission shall have
the power to cause the purse of any contestant to
be forfeited. All such fines and forfeitures shall
be turned over by the Commission after ninety (90)
days to the Welfare Department of the City for charity
purposes. Nothing herein shall be construed to
limit the power of the Commission to fine and suspend
any other person coming under its jurisdiction.
No person shall be fined or suspended, or the purse of
any contestant be forfeitea except after due notice
and opportunity to be heard by the Commission at such
time and place as designated by it.
(3) Any person deeming himself aggrieved by the
order or judgment of the Commission under the provi-
sions of this section may appeal therefrom to the City
Manager. Such appeal must be taken within Ten (10)
days from the rendition of such order or judgment.
Such appeal shall be commenced by filing a notice
thereof with the Commission, and specifying the grounds
thereof. Upon the filing of such appeal the Commission
shall forthwith transmit to the City Manager all the
papers constituting the record upon which the order
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
or judgment appealed from was entered. The tes-
timony taken at any hearing had before the Commission
shall not constitute a portion of the record to be
transmitted to the City Manager unless so specified
in the Notice of Appeal, and in that event, the cost
of the transcription of such testimony shall be borne
by the Appellant. The taking of an appeal shall not
operate as a stay of proceedings, unless so ordered
by the Commission, subject, however, to the order of
the City i iana;er.
Upon receipt of the record on appeal, the City Manager
shall fix a reasonable time for the hearing of the
appeal. The appeal shall be tried on the record and
not de novo. The City iianager shall have the power
to either affirm or reverse the order or judgment of
the Commission, or to enter such order as should have
been rendered by the Commission, and the same shall
be final"
SECTION 2: All ordinances or parts of ordinances in conflict here-
with be and the same are hereby repealed.
SECTION ): This ordinance shall become effective upon its passage
and posting as required by law.
PASSED and ADOPTED this 18th day of June,
Attest:
City Clerk
1st reading - June
2nd reading - June
3rd reading - June
POSTED - June
4, 1952
4, 1952
18, 1952
18, 1952
-2-
/(J
Mayor
A. ii. 1952.
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.
1022, entitled: "AN ORDINANCE AMENDING SECTION 27.8 OF 'THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950", 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 June,
A.D. 1952, 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 6th day of August, A.D. 1952.
City Clerk
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OR IGINAL
ORDINANCE NO.