Ordinance 1228 g
ORDINANCE NO. 1228
AN ORDINANCE AMENDING CHAPTER 7 OF "THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, 1950" .
'BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1 : That Chapter 7 of "The Code of the City of Miami Beach,
Florida, 1950" be and the same is hereby amended by
adding thereto new Sections 7 .1 through 7.24 inclusive, and
reading as follows :
"SECTION 7.1 : DEFINITIONS
For the purposes of this chapter, the following
words shall have the meanings given herein and
words used in the present tense include the future,
words used in the singular include the plural, and
words used in the plural include the singular. The
word ' shall ' is always mandatory.
"SALE"
(a) The sale, or offer to sell, by any person
to the public of goods in stock, on order, or in
transit, with a declared advertised purpose that
such sale is anticipatory to the termination,
closing, liquidation, revision, windup, discontinuance,
conclusion or abandonment of the business, or any
part thereof, or any line of goods, or any one store
of a group of stores in connection with such sale,
and it shall include any and all sales advertised
in such manner as to reasonably convey to the public
the impression that upon the disposal of the goods
advertised, or on hand, the business will permanently
cease and be discontinued; and
(b) The sale, or offer to sell, by any person
to the public of goods in stock, on order, or in
transit, with a declared advertised purpose that
such sale is anticipatory to the temporary closing
or temporary discontinuance of the business for the
purpose of alterations or remodelling of the premises,
or for the purpose of moving to another specific
location in the City of Miami Beach, Florida; and
(c) The sale, or offer to sell, by any person
to the public, of goods so advertised as to reasonably
convey to the public that such goods are damaged or
altered by fire, smoke, water, hurricane, flood,
explosion or other means; and
(d) The sale, or offer to sell, by any person
to the public, of goods advertised in such a manner
as to reasonably cause the public to believe that
the goods to be sold, or any part thereof, have been
involved in any business failure, or have been derived
from a business which has failed, been closed,
discontinued or liquidated, or where such advertising
indicates a business failure or emergency affecting
the seller or any previous holder of the goods to be sold.
"GOODS" include any goods, wares, merchandise or
other property capable of being the object of a sale
regulated hereunder.
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
"ADVERTISE" "ADVERTISING", "ADVERTISEMENT",
"ADVERTISED' and "PUBLISH" shall include any and
all means of conveying to the public notice of a
sale, or notice of intention to conduct a sale,
whether by word of mouth, newspaper, magazine,
periodical, handbill, written notice, printed
display, poster, billboard, radio and television
announcement and any and all other means .
"PERSON" is any person, firm, corporation,
company, partnership or organization of any kind.
"LICENSE" shall mean a license issued pursuant
to this Chapter.
"LICENSEE" is any person to whom a license
has been issued pursuant to this Chapter.
"SECTION 7.2: No person shall advertise or
conduct a sale as herein defined without first
obtaining a license therefor from the City Clerk in
the manner hereinafter provided.
"SECTION 7 .3: 'No license provided for
hereunder shall be granted except upon written
application, upon forms provided, to the City Clerk
and such application shall be signed and verified
before a person authorized to administer oaths by the
person who intends to conduct such sale . Such
application shall be submitted to the City Clerk
at least five (5) days prior to the advertising,
or conducting of such sale, and each application
shall set forth and contain the following:
(a) The name and address of the owner of the
goods to be sold and, if the owner be a corporation,
the name, address and title of at least one officer
of said corporation.
(b) A description of the place where such
sale is to be held.
(c) The nature of the occupancy, whether by
lease, sub-lease, or otherwise, and the date of the
beginning of such occupancy and the date of the
termination thereof.
(d) The means to be employed in advertising
such sale, together with the proposed language
content of any advertisement to be used for such sale .
(e) A complete and detailed inventory of all
goods to be sold, or offered for sale, including
all goods then in stock, on order, or in transit, and
the cost and retail price of such goods .
(f) The place, or places, where such goods
were purchased or acquired and, if not purchased,
the manner of such acquisition.
(g) A statement by applicant that upon receipt
of license for a sale as defined under Section 7 .1 (a)
hereof, said applicant will immediately surrender any
existing occupational licenses for said business
for cancellation without refund of the fee, or any
portion thereof, paid for such occupational license .
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
(h) A statement by applicant that representations made
therein are bona fide . If application is made for a sale
as defined in Section 7 .1 (a) hereof, such application
shall set forth and contain, in addition, that if such
license is issued by the City Clerk, acting in reliance
on said representations, applicant will not, directly
or indirectly, engage in the same business, or any similar
business, under the same trade name, or a similar trade
name, in the City of Miami Beach, Dade County, Florida,
for a period of two (2) years from date of said application
and shall not engage in the same business, or similar
business, under any name at said licensed premises for a
period of two (2) years from date of said application.
(i) Any additional information relating to such sale
as the City Clerk may deem necessary.
"SECTION 7.4: No person shall knowingly falsify or
misrepresent any information or representations made in
the license application provided for in Section 7.3 hereof.
"SECTION 7.5: Upon receipt of such application and
payment of the fee prescribed by Section 7.9 hereof,
the City Clerk shall cause the same to be investigated.
If, after such investigation, the City Clerk is satisfied
as to the truth of statements contained in said application,
and as to the form and language content of the proposed
advertising matter, he may, in his discretion, issue a
license permitting the advertising and conduct of such
sale for a period of not more than thirty (30) consecutive
days, Sundays and Legal Holidays included, following the
issuance thereof, provided that, in addition, for a sale
as defined in Section 7.1 (a) hereof applicant shall
surrender all occupational licenses held for said business
as a prerequisite to issuance of such license .
"SECTION 7.6: The license provided for herein shall
not be assignable or transferable and no person shall
assign or transfer, or attempt to assign or transfer, such
license, for value or otherwise .
"SECTION 7 .7: The City Clerk shall not issue the license
provided for in Section 7.5 hereof, if any one, or more,
of the following facts or circumstances are found:
(a) That applicant was granted a license for a sale
as defined herein within two (2) years preceding the date
of the filing of the application.
(b) That applicant has heretofore been convicted of
violation of this chapter, or has had a license issued
to him pursuant to this chapter revoked within a five (5)
year period immediately preceding the date of filing of
application.
(c) That the inventory includes goods purchased by
the applicant, or added to the stock, in contemplation of
such sale and for the purpose of selling the same at such
sale . For the purpose of this sub-section, any unusual
addition to the stock of goods made within sixty (6o) days
prior to the filing of such application shall be prima
facie evidence that such addition was made in contemplation
of such sale and for the purpose of selling the same at
such sale .
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
(d) That applicant in ticketing, pricing or marking
of the goods to be offered for sale has misrepresented
the retail price as listed in the inventory required
under Section 7.3 (e) hereof, or the value thereof, or
the quality, kind or quantity of such goods, or the
country of origin of said goods .
(e) That any lease, or sublease, held by applicant
was formerly held by a corporation of which the applicant
was an officer, director or stockholder or by any member
of applicant 's immediate family, and that such corporation,
or member of applicant ' s immediate family, was granted a
license provided for in Section 7.5 hereof within two (2)
years preceding the date of the filing of application.
(f) That any representation made in the application
is false .
"SECTION 7.8: The City Clerk may renew a license
granted hereunder for one period of time only, such
period to be in addition to the thirty (30) days permitted
in the original license and not to exceed fifteen (15)
consecutive days, Sundays and Legal Holidays included,
when he finds upon submission to him of an application on
forms provided, and payment of the fee hereafter provided
for, that:
(a) Goods inventoried in the original application have
not been disposed of and that facts exist justifying license
renewal .
(b) Applicant has submitted with the application a
revised inventory showing the items listed on the original
inventory which remain unsold and that such application
does not list goods not included in the original inventory.
For the purposes of this sub-section, any application for
a license which covers any goods previously inventoried
as required by this Chapter shall be deemed an application
for renewal, whether presented by original applicant or
by any other person.
"SECTION 7 .9: Applicants for an original license, or
a renewal, shall pay to the City Clerk Twenty-five Dollars
($25.00) upon filing of each such application as a fee
to defray the cost of investigating statements contained
in such application and no part of said fee shall be
refundable .
"SECTION 7.10: Upon commencement and throughout the
duration of any sale, the original license, or renewal,
shall be prominently posted, so as to be visible to the
public, near the entrance to the premises where such sale
is advertised or conducted, and no person shall advertise
or cause to be advertised any copy or reproduction of such
license .
"SECTION 7.11 : A duplicate of the original application
and inventory, or renewal application and inventory,
shall be kept on the licensed premises at all times during
such sale and shall be available at all times to the City
Clerk, or his inspectors, and the licensee shall permit
the City Clerk, or his inspectors, to examine all goods
on the premises for comparison with such inventory.
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
"SECTION 7.12: At the close of each day' s business, the
licensee shall cause the inventory attached to such
duplicate application to be revised by noting thereon
items disposed of during the day. Complete and detailed
books and records of the sale shall be kept by the licensee
and shall be available at all times for inspection by
the City Clerk, or his inspectors .
"SECTION 7.13: No licensee shall bring upon, or cause
to be brought upon, the licensed premises, goods not
shown or otherwise accounted for in such application and
inventory with intent to advertise, sell or offer for sale
such goods to the public . For the purposes of this sub-
section, advertisement, exposure for sale as part of the
stock, or display of such goods to the public, shall be
prima facie evidence of intent to sell, or offer for sale,
such goods to the public .
"SECTION 7.14: Advertising shall be descriptive of
the nature of such sale and no sale shall be advertised or
conducted for a purpose other than stated in the application
therefor, and the language contained therein shall be
identical with the advertising language content set forth
in the application.
"SECTION 7 .15: No licensee shall indicate in any
advertising, either directly or indirectly, that such
sale is held with the approval of the City or any of
its officers and employees . Such advertising shall contain
a statement in the following words and no others :
"This sale held pursuant to City License
No . granted the day of
19 -�
(In such blank spaces the license number
and requisite dates shall be indicated)
"SECTION 7.16: No display signs advertising a sale
hereunder shall be larger than six square feet in area
and such signs shall not be fastened or fixed to any exterior
wall, front, facade, awning, canopy or roof so as to be
visible from a public street. In the event such signs are
placed in display windows, there shall be only one such
sign for each such display window, but in no event shall
more than two such signs be displayed on the licensed
premises and such signs shall not be attached to the
window in any manner whatsoever but shall be displayed within
the display window.
"SECTION 7.17: If for good cause shown it appears to
the City Clerk that in any sale conducted hereunder a
violation under this chapter has occurred, the City Clerk,
may, in his discretion, temporarily suspend any license
granted hereunder for a time not to exceed twenty-four (24)
hours for the purpose of investigation of such violation.
If, upon investigation, the City Clerk finds no violation
has occurred, the time period in which said sale was to
be conducted under Sections 7.5 and 7.8 of this chapter
shall be extended by the period of time during which such
suspension was in effect, but not to exceed a period of
twenty-four (24) hours .
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
"SECTION 7.18: The City Clerk shall revoke any license
issued pursuant to this chapter if he shall find that the
licensee has knowingly
(a) Violated one or more provisions of this chapter.
(b) Made any material mis-statement in his application.
(c) Failed to include in the inventory required
hereunder all goods being advertised, sold or offered for
sale on the licensed premises .
(d) Failed to revise the inventory daily or keep
complete and detailed books and records of said sale .
(e) Made or permitted to be made any false or misleading
statements or representations in advertising said sale or
goods or in displaying, ticketing, pricing or identifying
goods offered for sale .
(f) Refused to allow examination by the City Clerk
or his inspectors, of the goods offered for sale or of
the books and records of said sale .
"SECTION 7.19: No licepse for a sale defined by
Section 7.1 (d) of this chapter shall be issued unless
there is filed with the City Clerk a bond in an amount
equal to ten per cent (10%) of the inventory value of all
the goods to be offered at such sale and such bond shall
be conditioned upon the faithful observance of all applicable
provisions of this chapter and the indemnifying of any
purchaser at such sale who suffers any loss by reason of
any misrepresentation made in connection with such sale;
said bond to be approved as to form by the City Attorney
and as to sufficiency by the City Clerk.
"SECTION 7.20: Where goods held for sale, or offered
for sale, as defined under Section 7.1 (d) hereof are
co-mingled with goods which have not been involved in any
business failure, or which have not been derived from a
business which has failed, been closed, discontinued, or
liquidated, such goods shall be plainly marked or ticketed
as distressed items and no goods which are not distressed
shall be so marked or ticketed.
"SECTION 7 .21 : Provisions of this chapter shall not
apply to sales advertised as anticipatory of closing for
vacation or the summer or discontinuing business for
vacation or the summer, except that, in no event, shall
such sales exceed a period of time longer than thirty (30)
consecutive days, Sundays and Legal Holidays included, in
any one year after such sale is first advertised or
commenced. It shall be unlawful to conduct such sale in
violation of this sub-section and for the purpose of
this sub-section failure of the person so advertising
or conducting such sale to close the business immediately
after expiration of such period of time for a period of
at least fourteen (14) consecutive days, Sundays and Legal
Holidays included, shall be prima facie evidence of the
intent of such person to mislead or defraud the public .
"SECTION 7 .22: No person shall conduct a business, or
conduct a sale, after a date has been fixed for the closing
of a business or by advertising as defined in Section 7.1(a)
unless a renewal license provided for in Section 7.8 shall
first have been obtained from the City Clerk and, in such
case, no person granted such renewal shall conduct such
business, or conduct such sale, beyond the closing date
fixed in such renewal .
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
"SECTION 7.23: It shall be unlawful for any person
to violate any provision of this chapter and upon conviction
thereof such person shall be punished as provided in
Section 1 .8 of the Code and each day such violation
continues shall constitute a separate offense and be
punishable as such.
"SECTION 7.24: The following persons shall be exempt
from the provisions of this chapter:
(a) Persons acting pursuant to an order of a court of
competent jurisdiction.
(b) Sheriffs and Marshals acting in accordance with
their powers and duties as public officers .
(c) Duly licensed auctioneers, selling at auction. "
SECTION 2: Existing Sections 7.1 through 7.18 inclusive, of
"The Code of the City of Miami Beach, Florida, 1950"
be and the same are hereby repealed.
SECTION 3: Provisions of this ordinance are severable, and if
any provision or pro\isions hereof, shall be held
invalid by a court of competent jurisdiction, the decision of
such court shall not affect or impair any remaining provision,
or provisions, of this ordinance . It is hereby declared to be
the legislative intent that this ordinance would have been
adopted had such invalid provisions not been included herein.
SECTION 4: This ordinance shall go into effect immediately
upon its passage and posting as required by law .
PASSED and ADOPTED this 19th day of September , A.D. 1956.
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Mayor
Attest:
4/4(-7
C y ' er
1st reading - September 5, 1956
2nd reading - September 5, 1956
3rd reading - September 19, 1956
POSTED - September 19, 1956
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE:
I, R. WM. L. JOHNSON, City Clerk in and for the City
of Miami Beach, Florida, do hereby certify that Ordinance
No. 122$ , entitled:
"AN ORDINANCE AMENDING CHAPTER 7 OF 'THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, 19501 ",
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 19th day of September, 1956,
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 7th day of November, A.D. 1956
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