Ordinance 83-2391 ORDINANCE NO. 83-2391
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 25 AND
CHAPTER 16 , OF THE CODE BY AMENDING SECTIONS 25-67.2,
16-78 , 16-78.1 TO PERMIT THE SALE OF MERCHANDISE ON
THE PUBLIC RIGHTS OF WAY PURSUANT TO REVOCABLE PERMITS
ISSUED BY THE CITY COMMISSION; PROVIDING FOR REPEAL OF
CONTRARY ORDINANCES; PROVIDING FOR SEVERABILITY; PRO-
VIDING AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach would at times like to
encourage outdoor sales of merchandise on special occasions, it is
necessary to amend certain restrictions for the sale of merchandise
in the City Code,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1:
That Chapter 25 - Section 25-67. 2 is hereby amended to read as
follows:
No food , goods, wares, merchandise or other like articles
shall be exhibited, stored, or kept outside the physical
confines of any store. Such items are specifically prohibited
from being placed in any doorway, store entrance, yard,
sidewalk, area way or public thoroughfare or other similar
locations; provided that, this section shall not apply to the
sale of plants and flowers from florist shops and to items
being offered for sale pursuant to revocable permits issued by
the City Commission for use of public rights of way.
SECTION 2:
That Chapter 16 - Section 16-78 is hereby amended to read as
follows:
No food shall be exhibited, stored, or kept on the outside
of any store, in any doorway, yard, sidewalk, areaway or public
thoroughfare; provided that this section shall not apply to
items being offered for sale pursuant to revocable permits
issued by the City Commission for use of public rights of way.
SECTION 3:
That Chapter 16 - Section 16-78 . 1 is hereby amended to read as
follows:
No merchandise shall be sold or offered for sale from or
in any store premises having open store fronts, unless such
merchandise is displayed and sold on private premises thereof
at least three feet from the front building line of such
premises; any stores having open fronts shall be closed after
the hours of business thereof by permanent, suitable and
appropriate structure or device, the appearance of which shall
be in conformity and harmonious with the character of the area
and neighborhood; provided that this section shall not apply to
items being offered for sale pursuant to revocable permits
issued by the City Commission for use of public rights of way.
SECTION 4: OTHER ORDINANCES
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
SECTION 5: SEVERABILITY
If any article, section, subsection, sentence, clause, phrase, or
portion of this ordinance is , for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not effect the validity of the
remaining portions of this ordinance.
SECTION 6 : EFFECTIVE DATE
This ordinance shall take effect ten (10) days after adoption in
accordance with law, on November 26 , 1983.
PASSED and ADOPTED this 16th day of November , 1983.
MAYOR
ATTEST:
10.0000,:de 54j0.20410/111404)
CITY CLERK
1st Reading - October 19, 1983
2nd Reading - November 16, 1983
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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