Ordinance 85-2494 ORDINANCE NO. 85-2494
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH FLORIDA AMENDING CHAPTER
9 OF THE MIAMI BEACH CITY CODE BY AMENDING
SECTIONS 9-2 , 9-3 , 9-4 , 9-5, 9-6 , 9-9 , 9-10 ,
9-11, 9-12, 9-13 AND 9-14 BY SUBSTITUTING
"CITY MANAGER OR HIS DESIGNEE" FOR "FINANCE
DIRECTOR" AS THE PARTY RESPONSIBLE TO
REGULATE "CLOSING OUT SALES" , AMENDING
SECTION 9-6 TO PROVIDE FOR LICENSE FEES ,
AMOUNTS AND PARTIAL REFUNDS OF SAME UNDER
CERTAIN CONDITIONS , AMENDING SECTION 9-12 TO
AMEND THE CONDITIONS OF THE BOND TO BE FILED
ON THE INVENTORY VALUE; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1:
That Section 9-2 of the Code of the City of Miami Beach be and
the same is amended to read as follows:
Sec. 9-2 License-Required.
No person shall advertise or conduct a sale,
as defined in this chapter , without first
obtaining a license therefor from the €4fianee
el4feetet7 City Manager or his designee, in
the manner provided in this chapter. (Ord.
No. 1228, §1; Ord. No. 77- 2102, §2. )
SECTION 2:
That Section 9-3 of the Code of the City of Miami Beach be and
the same is amended to read:
Sec. 9-3. Same-Application.
No license required by this chapter shall be
granted except upon written application, upon
forms provided, to the €4nenee d4teeter7
City Manager or his designee. 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 f4naaee d4reeter City
Manager or his designee at least five days
prior to the advertising or conducting of
such sale. 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
is a corporation, the name, address and
title of at least one officer of such
corporation.
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
(b) A description of the place where
such sale is to be held.
(c) The nature of the occupancy,
whether by lease, sublease 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 in
stock, on order or in transit and
the cost and retail price of such
goods.
(f) The place where such goods were
purchased or acquired and, if not
purchased, the manner of such
acquisition.,
(g) A statement by the applicant that
upon receipt of a license for a
sale in paragraph (a) of the
definition of a "sale" in section
9-1, the applicant will immediately
surrender any existing occupational
licenses for such business for
cancellation without refund of the
fee or any portion thereof paid for
such occupational license.
(h) A statement by the applicant that
representations made therein are
bona fide. If application is made
for a sale as defined in paragraph
(a) of the definition of a "sale"
in section 9-1, such application
shall set forth and contain, in
addition, that if such license is
issued by the €€manee d4reeter7
City Manager or his designee,
acting in reliance on such
representations, the 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
for a period of two years from the
date of such application and will
not engage in the same business or
a similar business under any name
at such licensed premises for a
period of two years from the date
of such application.
(i) Any additional information relating
to such sale as the €€menee
e7€feeter City Manager or his
designee may deem necessary.
No person shall knowingly falsify or
misrepresent any information or
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
representations made in the license
application provided for in this section.
(Ord. No. 1228, §1; Ord. No. 77-2102, §2. )
SECTION 3:
That Section 9-4 of the Code of the City of Miami Beach
be and the same is amended to read as follows:
Sec. 9-4. Same - Investigation by f4nalr>lee
el±eeetee; City Manager or his designee;
issuance; surrender of occupational licenses
for certain sales.
Upon receipt of an application for a license
under this chapter and payment of the
required license fee, the f4manee d4reetet
City Manager or his designee shall cause the
same to be investigated. If, after such
investigation, the f4manee d4feetet City
Manager or his designee is satisfied as to
the truth of statements contained in such
application, and as to the form and language
content of the proposed advertising matter he
shall issue a license permitting the
advertising matter he shall issue a license
permitting the advertising and conduct of
such sale for a period of not more than
thirty consecutive days, Sundays and legal
holidays included, following the issuance
thereof; provided, that in addition, for a
sale as defined in paragraph (a) of the
definition of a "sale" in section 9-1, the
applicant shall surrender all occupational
licenses held for such business as a
prerequisite to issuance of such license.
(Ord. No. 1228 , §1; Ord. No. 1633, §1; Ord.
No. 77-2102 , §2 . )
SECTION 4:
That Section 9-5 of the Code of the City of Miami Beach
be and the same is amended to read as follows:
Sec. 9-5 Same - When not to be issued.
The €4nenee d4feeter City Manager or his
designee shall not issue a license required
by this chapter if any one or more of the
following facts or circumstances are found:
(a) That the applicant was granted a
license for a sale within two years preceding
the date of the filing of the application.
(b) That the applicant has heretofore
been convicted of a violation of this chapter
or has had a license issued to him pursuant
to this chapter revoked within a five-year
period immediately preceding the date of
filing of the application.
(c) That the inventory includes goods
purchased by the applicant, or added to. the
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
stock, in contemplation of such sale and for
the purpose of selling the same at such
sale. For the purpose of this subsection,
any unusual addition to the stock of goods
made within sixty 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.
(d) That the 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
subsection (e) of section 9-3, or the value
thereof, or the quality, kind or quantity of
such goods, or the country of origin of such
goods.
(e) That any lease or sublease held by
the applicant was formerly held by a
corporation of which the applicant was an
officer, director or stockholder or by any
member of the applicant' s immediate family,
and that such corporation or member of the
applicant' s immediate family was granted a
license required by this chapter within two
years preceding the date of the filing of the
application.
(f) That any representation made in the
application is false. (Ord. No. 1228, §1;
Ord. No. 77-2102, §2. )
SECTION 5:
That Section 9-6 of the Code of the City of Miami Beach be and
the same is amended to read as follows:
Sec. 9-6 Same - Fees.
Applicants for an original license er renewal
of a 14eease under this chapter shall pay to
the €+iaaee d+reeter licensing division
twenty flye six hundred dollars upon . the
filing of such application to defray the cost
of investigating the statements contained in
the application. Once issued, said license
shall be good for a period of thirty (30)
days. An additional three hundred dollar fee
shall be paid for an additional fifteen (15)
day period. Upon proof to the satisfaction
of the City Manager or his designee that the
licensee has permanently closed his business,
an amount not to exceed three hundred dollars
shall be refunded to the licensee. Ne part e€
sueh fee shall be fe€undable-
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
SECTION 6:
That Section 9-9 of the Code of the City of Miami Beach be and
the same is amended to read:
Sec. 9-9. Same - Renewal.
No person shall conduct a business or conduct
a sale after a date has been fixed for the
closing of a business or advertise unless a
renewal license shall first have been
obtained from the €€aaaee d€eeetee- City
Manager or his designee. In such case, no
person granted such renewal shall conduct
such business or conduct such sale beyond the
closing date fixed in such renewal.
The €€aanee e1€eeeter City Manager or his
designee may renew a license granted under
this chapter for one period of time only,
such period to be in addition to the thirty
days permitted in the original license and
not to exceed fifteen consecutive days,
Sundays and legal holidays included, when he
finds upon submission to him of an
application on forms provided and payment of
the required fee that:
(a) Goods inventoried in the original
application have not been disposed of and
that facts exist justifying license renewal.
(b) The 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
subsection, 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.
(Ord. No. 1228 , §1; Ord. No. 77-2102 , §2 . )
SECTION 7:
That Section 9-10 of the Code of the City of Miami
Beach be and the same is amended to read:
Sec. 9-10. Same - Suspension.
If for good cause shown it appears to the
€€nanee el€feeter City Manager or his designee
that in any sale conducted under this chapter
a violation under this chapter has occurred,
the €€aanee d4reeter7 City Manager or his
designee, may, in his discretion,
temporarily suspend any license granted under
this chapter for a time not to exceed twenty-
four hours for the purpose of investigation
of such violation. If, upon investigation,
the €€naaee e7€eeeter City Manager or his
designee finds no violation has occurred, the
time period in which such sale was to be
conducted shall be extended by the period of
time during which such suspension was in
effect, but not to exceed a period of twenty-
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
four hours. (Ord. No. 1228, §1; Ord. No.
77-2102 , §2. )
SECTION 8:
That Section 9-11 of the Code of the City of Miami Beach be and
the same is amended to read:
Sec. 9-11. Same - Revocation
The €lienee e74reetee City Manager or his
designee 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 misstatement in his
application.
(c) Failed to include in the inventory
required under this chapter 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 such sale.
(e) Made or permitted to be made any false
or misleading statements or representations
in advertising such sale of goods or in
displaying, ticketing, pricing or identifying
goods offered for sale.
(f) Refused to allow examination by the
€€sasee e74eeeter er h1s City Manager or his
designee of the goods offered for sale or of
the books and records of such sale.
SECTION 9:
That Section 9-12 of the Code of the City of Miami Beach be and
the same is amended to read:
Sec. 9-12. Bond required for certain sales
No license for a sale defined by subsection
(d) of the definition of a "sale" in section
9-1 shall be issued unless there is filed
with the €€sasee ellreeter City Manager or his
designee a bond in an amount equal to ten per
cent of the inventory value of all the goods
to be offered at such sale. Such bond shall
be conditioned upon, (1) the faithful
observance of all applicable provisions of
this chapter; and (2) the indemnifying of any
purchaser at such sale who suffers any loss
by reason of any misrepresentation made in
connection with such sale;. and -(3} the
payment ef the 1#eense fee ef twe hundred
dollars €er the €1tst thy days and as
ae7e71t1esal
twe hundred de11ats far the
add1t1enal €iftees days reeslalreel by seetlen
28-17 {5371} 1s the event that the perm ttee
dees net 1s feet permanently elese est h1s
place ef hsslsess: Such bond shall be
approved as to form by the city attorney and
as to sufficiency by the €lsasee dlseeter
City Manager or his designee. (Ord. , No.
1228 , §1; Ord. No. 77-2102 , §1. )
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
SECTION 10:
That Section 9-13 of the Code of the City of Miami Beach be and
the same is amended to read:
Sec. 9-13. Inventory - To be kept on licensed
premises; inspection by €tnanee d1eeeter City
Manager or his designee.
A duplicate of the original application and
inventory or renewal application and
inventory shall be kept on the licensed
premises at all times during any sale and
shall be available at all times to the
f4nenee d4reeter er h4e City Manager or his
designee. The licensee under this chapter
shall permit the €4naeee d4reeter er h4s City
Manager or his designated inspectors to
examine all goods on the premises for
comparison with such inventory. (Ord. No.
1228, §1; Ord. No. 77-2102, §2. )
SECTION 11:
That Section 9-14 of the Code of the City of Miami Beach be and
the same is amended to read:Sec. 9-14. Same - Daily
revision; complete records to be kept.
At the close of each day' s business, the
licensee under this chapter 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
f4neaee d+reeter e€ hie City Manager or his
designee. (Ord. No. 1228 , §1; Ord. No. 77-
2102, §2. )
SECTION 12: REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTOIN 13: SEVERABILITY.
If any section, part of section, paragraph, clause, phrase, or
word of this ordinance is declared invalid, the remaining
provisions of this ordinance shall not be affected.
SECTION 14: EFFECTIVE DATE
This Ordinance shall take effect 10 days after its adoption, on
Ortnhar 96 , 1985.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
PASSED AND ADOPTED this 16th day of October
1985.
MAYOR
ATTEST:
G% /
CITY CLERK
1st Reading - October 2, 1985
2nd Reading - October 16, 1985
Words etrue# thfetgh are deleted
Words underlined are added.
FOki.i. APPROVED
LEGAL DEPT.
8Y
Sate 9-�y
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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