Ordinance 92-2825ORDINANCE NO. 92-2825
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REPEALING MIAMI
BEACH CITY CODE SECTIONS 25-37.9 ("EQUALITY OF
RIGHTS"), 25-78 ("RACIAL AND RELIGIOUS
DISCRIMINATION - IN PLACES OF PUBLIC
ACCOMMODATION") , 25-79 ("SAME - DEFINITION OF
PUBLIC ACCOMMODATION") AND 25-80 ("SAME -
EVIDENCE OF VIOLATIONS"); PROVIDING FOR
SEVERABILITY; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA.
SECTION 1.
That Miami Beach City Code Sections 25-37.9 ("Equality of rights"),
25-78 ("Racial and religious discrimination - In places of public
accommodation"), 25-79 ("Same - Definition of public
accommodation") and 25-80 ("Same - Evidence of violations") reading
as follows are hereby repealed in their entirety:
Sco. 25-37.9. Equality of rights.
(a) Equal rights. Equality of rights shall not be
denied or abridged on account of scx by any public
private person or cntity within the City of Miami Beach.
religious grounds shall bc exempt from this section.
(b) Criminal and civil enforcement. Violations of this
law shall bc prosecuted by the Miami Beach Municipal
Prosccutor, and subject to fine and jail sentence not
exceeding five hundred dollars and fourteen days,
respectively. Any person injured by a violation of this
law may bring a civil action and shall be awarded
s and attorneys fee: i
(Ord. No. 81 2248, §1.)
pprop
Sco. 25-78. Radial and religious disorimination - In plaocs of
operator, manager, superintendent,
custodian, agcnt
or employee of any place of public accommodation, resort or
amuscmcnt, as hcrcinaftcr dcfincd, to placc, post, maintain or
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maintenance or display of any writtcn or printcd advertisement,
noticc or sign of any kind or description, which advcrtiscmcnt,
noticc or sign is intended to or tcnds to discriminate directly or
n of
any religion or of any religious bclicf, Sect, racc or dcnomination
in thc full enjoyment of any advantages, facilities or privileges
rcsort or amusement. (Codc 1950, §22.59.)
Soo. 25-73. Same - Definition of publio a000mmodation.
A place of public accommodation, rcsort or amuscmcnt,
c of thc preceding
section, shall be deemed to include inns, taverns,
roadhouses, hotcls, apartment hotcls, whcthcr conductcd
for thc entertainment of transient guests or for the
accommodation of those seeking health, recreation or
rest, and restaurants, eating houses or any place whcre
food is sold for consumption on the premises, buffets,
saloons, barrooms or any store, park or enclosure where
spirituous or malt liquors arc sold, or where beverages
retail stores and establishments, dispensaries, clinics,
thcatcrs, motion picture houses, airdromes, roof gardcns,
music halls, racc courses, skating rinks, amuscmcnt and
recreation parks, fairs, bowling alleys, golf courses,
gymnasiums, shooting galleries, billiard and pool
supported in wholc or in part by public funds or by
contributions solicited from thc general public; and
public conveyances operatcd on land, air or watcr as well
as thc stations and terminals thcrcof. (Code 1950,
§22.60.)
2
ion,
Eco. 25 60. Same Evidence of violations.
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ouch written or printed notice or advertisement purporting to
evidence that Such di3play or maintenance wa3 authorised by the
person maintaining and operating such place of public
accommodation. (Code 1950, S22.61.)
SECTION 2. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 3. REPEALER
All Ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its adoption,
on
December 2
ATTEST:
, 1992.
CITY CLERK
1st reading 11/8/92
2nd reading 12/2/92
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FORM APPROVED
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MAYOR
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Sections