HomeMy WebLinkAboutO-10533J-88-845
12/22/88
ORDINANCE NO. 1,0 0,32
AN ORDINANCE REQUIRING RETAIL ESTABLISHMENTS
TO DISCLOSE A NO REFUND AND EXCHANGE POLICY
UNLESS FULL REFUNDS OR EXCHANGES ARE OFFERED
BY THE ESTABLISHMENT; REQUIRING RETAIL
ESTABLISHMENTS TO HONOR REFUNDS AND EXCHANGES
AS OFFERED OR OBLIGATED; PROVIDING FOR
CONSUMERS TO BE FURNISHED RECEIPTS; PROVIDING
PENALTIES AND FOR CIVIL ENFORCEMENT MEASURES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN
OPERATIVE DATE; AND PROVIDING FOR INCLUSION
IN THE CITY CODE.
WHEREAS, the Florida Constitution (Article VIII, Section
2(b)), and Florida statutory law (Chapter 166, Florida Statutes
the "Municipal Home Rule Powers Act") clearly establish the
City's power and authority to impose penalties and sanctions upon
those found guilty of violating the herein ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. STATEMENT OF PURPOSE.
This Ordinance is designed to protect City of Miami
consumers, residents and visitors alike, from unfair practices by
retail merchants. The primary purpose of this measure is to
ensure that establishments which provide for no refund or
exchange policy, conspicuously disclose such restrictions.
Section 2. DEFINITIONS. For the purpose of this
Ordinance:
(a) "Retail establishment" means any store, merchant or
organization, excluding not -for -profit
organizations, selling merchandise at retail to the
general public, but shall not include restaurants.
(b) "Sale of merchandise" includes the sale, lease or
other disposition for profit of goods or products
1,0533
of any type, but shall not include the sale, lease
or other disposition of food, perishable goods,
goods which are custom-made or custom -altered at
the request of the customer or goods which cannot
be resold by the merchant because of any law, rule
or regulation adopted by a governmental body.
(c) "Legal Name" means the true corporate name of a
corporation, or the name of at least one partner of
a partnership, or the name of at least one owner of
a business that is not a corporation or a
partnership.
(d) "Point of sale" means all cash registers in a
retail establishment.
Section 3. REQUIREMENTS.
(a) Every retail sales establishment within the City of
Miami offering goods for sale to the general public
that offers no cash refund, credit refund, or
exchange of merchandise, must post a sign so
stating, at the point of sale.
(b) The lettering on the posted sign must be at least
3/4 inches in height and 3/4 inches in width. The
sign must be posted in a visible and conspicuous
place near the point of sale.
(c) Failure of a retail sales establishment to exhibit
a "no refund" sign under such circumstances at the
point of sale, shall mean that a refund or exchange
policy exists, and the policy shall be presented in
writing to the consumer upon request.
(d) Any retail establishment failing to comply with the
provisions of this Ordinance shall grant to the
consumer, upon request and proof of purchase, a
cash refund, credit refund or exchange of
merchandise for the merchandise that is the subject
of the sale in question, within seven (7) days of
the date of purchase, provided the merchandise is
unused and in the original carton, if one was
furnished. Nothing herein shall prohibit a retail
sales establishment from having a refund policy
which exceeds the number of days specified herein.
(e) Any retail establishment which has disclosed a
policy of offering refunds or exchanges shall
promptly grant refunds or exchanges to customers in
accordance with said disclosed policies, and no
additional conditions shall be imposed on such
refunds or exchanges except as disclosed to the
customer.
(f)(i) All sales of merchandise in excess of $1.00 but not
exceeding $50.00 by a retail establishment shall be
accompanied by a receipt disclosing the date of
sale, sales price, and the legal name and address
of the seller.
(ii) Merchandise sold for over $50 by a retail
establishment shall be accompanied by a written
invoice or receipt containing the date of sale, the
purchase price, the identification number or
description of the merchandise sold, including the
model and the manufacturer thereof, the name of the
salesperson and the legal name and address of the
seller.
(iii) A retail establishment using cash registers
producing automated sales receipts furnished to the
customer simultaneously with the receiving and
recording of the consideration involved in the sale
or transaction shall be deemed in compliance with
the provisions of the preceding sentence provided
that such sales receipt bears a printed legend or
symbols which will enable the customer, upon
request made of the retail establishment, to be
furnished the information in identifiable form that
is required to be furnished as set forth in the
-3- ,LOS)M1.3
preceding paragraphs (i) and (ii) of this
subsection (f).
Section 4. ENFORCEMENT AND PENALTIES.
(a) Civil Enforcement. To the extent permitted by law
and in addition to the provisions of Subsection (b)
below, the following civil actions may be brought
by the City and/or the injured consumer, and shall
not be mutually exclusive:
(i) By City. Upon recommendation from the City
Manager that a retail establishment has
violated this Ordinance, the City Attorney
may initiate an equity or other action
against the owners and/or principal officers
of the retail establishment to compel its
compliance with this Ordinance. In the event
there is found to be a violation of this
Ordinance, the City may recover court costs
and reasonable attorney's fees. In any civil
action based on this Ordinance, if the City
proves that the violation occurred after one
or more written warnings or notices of
violation to the defendant(s), or that the
violation was especially offensive or
egregious, the court may award punitive
damages not exceeding $1,000 per violation or
three times the price of the merchandise that
is the subject of the sale in question,
whichever is greater.
(ii) By Consumers. Any person injured by a
violation of this Ordinance shall have the
right to bring a civil action and if he or
she prevails shall be awarded compensatory
damages and reimbursements of attorney fees
and costs. In any civil action based on this
Ordinance, if the injured consumer proves
that the violation occurred after one or more
written warnings or notices of violation to
the defenddnt(s), or that the violation was
especially offensive or egregious, the court
may award punitive damages not exceeding
$1,000 per violation or three times the price
of the merchandise that is the subject of the
sale in question, whichever is greater.
(b)
Penalties. A person, firm or corporation violating
or failing to comply with any of the provisions
hereof shall, upon conviction, be fined not more
than $100 for the first offense and not more than
$500 for the second and each subsequent offense.
In addition, the court may, at its discretion,
impose on the owner or principal officers of the
offending retail establishment a term of
imprisonment for up to 60 days for the second or
subsequent offense.
(c)
In addition to the enforcement measures and
penalties set forth in Subsections (a) and (b)
above which are cumulative, the City may take such
measures as are lawfully permitted under Chapter 31
of the Code of the City of Miami, as amended,
dealing with the issuance, renewal, revocation, or
suspension of occupational licenses.
Section
5. All ordinances or parts of ordinances insofar
as they are
inconsistent or in conflict with the provisions of
this Ordinance
are hereby repealed.
Section
6. 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
7. The provisions of this Ordinance shall become
operative on
February 11, 1989; provided, that the City shall
cause to have
mailed to each retail sales establishment holding a
current City
occupational license as of December 15, 1988, notice
of the provisions of Sections 1 through 4 hereof, said notice to
be mailed by regular U.S. mail to such holder at the business
address shown on the license no later than January 27, 1989 and
evidenced by an affidavit attesting to such mailing filed with
the City Clerk as soon thereafter as possible. The City Finance
Director shall furnish a verbatim copy of the text of the
provisions of Sections 1 through 4 of this Ordinance to each
retail sales establishment which applies for an occupational
license to be issued or renewed hereafter and for the license
years beginning October 1, 1989, and all subsequent license years
thereafter; said copy to be attached to each such occupational
license at the time of issuance or renewal thereof.
Section 8. It is the intention of the City Commission that
the provisions of this Ordinance shall become and be made a part
of the Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or relettered and that the word
"ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
PASSED ON FIRST READING BY TITLE ONLY this 15th day of
December , 1988.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 12th day of January , 1989. z 111-�
ATTEST : XAVIER L. SUZ, MA
(% AR
dmac.
RATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK I
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
AJO GE . FE NANDEZ
CITY ATTORN Y
RFC/bss/ebr/M381
1-0533
-6-
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Cesar H. Odio, City Manager DATE
Attn: Aurelio Perez-Lugones
Legislative Administrator SUBJECT:
J. !// I .
FROM : Jo e L'� �rnatndez REFERENCES
City Attorney
ENCLOSURES
21
J-88-845
December 22, 1988 FILE :
Deceptive Retail Trade
Practice Ordinance
City Commission Agenda
Janua y 12, 1989
As indicated by the attached copy of our December 20, 1988 letter
to Ms. Pat Allen, the floor amendment by the City Commission at
the December 15th City Commission Meeting concerning notice to
currently licensed establishments has been incorporated in the
attached approved Ordinance for your placement on the above -
referenced agenda for second reading.
You will also note that out of an abundance of caution and in the
anticipated furtherance of the City Commission's intent we have
added language which will help ensure that all affected retail
sales establishments will be kept aware of this regulation upon
their activity in future years.
Further, to allow a process applicable to all retail sales
establishments using automated sales receipts, we have provided
that such receipts will be deemed in compliance for sales under
or over $50. This change was suggested by the Florida Retail
Federation, as reflected in its attached letter of December 12,
1988.
Finally, additional language has been added to the ordinance
title which will provide the public more information as to its
contents.
JLF/RFC/dfh/Mll6
cc: Mayor and Members of the City Commission
Matty Hirai, City Clerk
Carlos E. Garcia, Director of Finance
Adrienne L. Friesner, Assistant City Attorney
J-88-845
12/15/88
.,. .,ASSED ON FIRST READ).NG
ON DECEMBER 15, 1988
ORDINANCE NO.
AN ORDINANCE REQUIRING RETAIL ESTABLISHMENTS
TO DISCLOSE A NO REFUND AND EXCHANGE POLICY
UNLESS FULL REFUNDS OR EXCHANGES ARE OFFERED
BY THE ESTABLISHMENT; REQUIRING RETAIL
ESTABLISHMENTS TO HONOR REFUNDS AND EXCHANGES
AS OFFERED; PROVIDING PENALTIES AND FOR CIVIL
ENFORCEMENT MEASURES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN OPERATIVE DATE; AND
PROVIDING FOR INCLUSION IN THE CITY CODE.
WHEREAS, the Florida Constitution (Article VIII, Section
2(b)), and Florida statutory law (Chapter 166, Florida Statutes
the "Municipal Home Rule Powers Act") clearly establish the
City's power and authority to impose penalties and sanctions upon
those found guilty of violating the herein ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. STATEMENT OF PURPOSE.
This Ordinance is designed to protect City of Miami
consumers, residents and visitors alike, from unfair practices by
retail merchants. The purpose of this measure is to ensure that
establishments which provide for no refund or exchange policy,
conspicuously disclose such restrictions.
Section 2. DEFINITIONS. For the purpose of this
Ordinance:
(a) "Retail establishment" means any store, merchant or
organization, excluding not -for -profit organizations,
selling merchandise to the general. public, but shall
not include restaurants.
(b) "Sale of merchandise" includes the sale, lease or other
disposition for profit of goods or products of any
type, but shall not include the sale, lease or other
disposition of food, perishable goods, goods which are
custom-made or custom -altered at the request of the
customer or goods which cannot be resold. by the
merchant because of any law, rule or regulation adopted
. by a governmental body.
(c) "Legal Name" means the true corporate name of a
corporation, or the name of at least one partner of a
partnership, or the name of at least one owner of a
business that is not a corporation or a partnership.
(d) "Point of sale" means all cash registers in a retail
establishment.
Section 3. REQUIREMENTS.
(a) Every retail sales establishment within the City of
Miami offering goods for sale to the general public
that offers no cash refund, credit refund, or exchange
of merchandise, must post a sign so stating, at the
point of sale.
(b) The lettering on the posted sign must be at least 3/4
inches in height and 3/4 inches in width. The sign
must be posted in a visible and conspicuous place near
the point of sale.
(c) Failure of a retail sales establishment to exhibit a
"no refund" sign under such circumstances at the point
of sale, shall mean that a refund or exchange policy
exists, and the policy shall be presented in writing to
the consumer upon request.
(d) Any retail establishment failing to comply with the
provisions of this Ordinance shall grant to the
consumer, upon request and proof of purchase, a cash
refund, credit refund or exchange of merchandise for
the merchandise that is the subject of the sale in
question, within seven (7) days of the date of
purchase, provided the merchandise is unused and in the
original carton, if one was furnished. Nothing herein
shall prohibit a retail sales establishment from having
a refund policy which exceeds the number of days
specified herein.
(e) Any retail establishment which has disclosed a policy
of offering refunds or exchanges shall promptly grant
refunds or exchanges to customers in accordance with
said disclosed policies, and no additional conditions
shall be imposed on such refunds or exchanges except as
disclosed to the customer.
(f)(i)All sales of merchandise in excess of $1.00 but not
exceeding $50.00 shall be accompanied by a receipt
disclosing the date of sale, sales price, and the legal
name and address of the seller.
(ii) Merchandise sold for over $50 shall be accompanied by a
written invoice or receipt containing the date of sale,
the purchase price, the identification number or
description of the merchandise sold, including the
model and the manufacturer thereof, the name of the
salesperson and the legal name and address of the
seller.
(iii) A retail establishment using cash registers producing
automated sales receipts furnished to the customer
simultaneously with the receiving and recording of the
consideration involved in the sale or transaction shall
be deemed in compliance with the provisions of the
preceding sentence provided that such sales receipt
bears a printed legend or symbols which will enable the
customer, upon request made of the retail
i
establishment, to be furnished the information ink
identifiable form that is required to be furnished as
set forth in the preceding paragraph (ii) of this
subsection (f).
Section 4. ENFORCEMENT AND PENALTIES.
(a) Civil Enforcement. To the extent permitted by law and
in addition to the provisions of Subsection (b) below,
the following civil actions may be brought by the City
y
and/or the injured consumer, and shall not be mutually
exclusive:
(i) By City. Upon recommendation from the City
Manager that a retail establishment has violated
• this Ordinance, the City Attorney may initiate an
equity or other action against the owners and/or
principal officers of the retail establishment to
compel its compliance with this Ordinance. In the
event there is found to be a violation of this
Ordinance, the City may recover court costs and
reasonable attorney's fees. In any civil action
based on this Ordinance, if the City proves that
the violation occurred after one or more written
warnings or notices of violation to the
defendant(s), or that the violation was especially
offensive or egregious, the court may award
punitive damages not exceeding $1,000 per
violation or three times the price of the
merchandise that is the subject of the sale in
question, whichever is greater.
(ii) By Consumers. Any person injured by a violation
of this Ordinance shall have the right to bring a
civil action and if he or she prevails shall be
awarded compensatory damages and reimbursements of
attorney fees and costs. In any civil action
based on this Ordinance, if the injured consumer
proves that the violation occurred after one or
more written warnings or notices of violation to
the defendant(s), or that the violation was
especially offensive or egregious, the court may
award punitive damages not exceeding $1,000 per
violation or three times the price of the
merchandise that is the subject of the sale in
question, whichever is greater.
-4- S
(b) Penalties. A person, firm or corporation violating
or failing to comply with any of the provisions hereof
shall, upon conviction, be fined not more than $100 for
the first offense and not more than $500 for the second
and each subsequent offense. In addition, the court
may, at its discretion, impose on the owner or
principal officers of the offending retail
establishment a term of imprisonment for up to 60 days
for the second or subsequent offense.
(c) In addition to the enforcement measures and penalties
set forth in Subsections (a) and (b) above which are
cumulative, the City may take such measures as are
lawfully permitted under Chapter 31 of the Code of the
City of Miami, as amended, dealing with the issuance,
renewal, revocation, or suspension of occupational
licenses.
Section 5. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 6. 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 7. The provisions of this Ordinance shall become
operative on February 11, 1989; provided, that the City shall
cause to have mailed to each retail sales establishment holding a
City occupational license as of December 15, 1988, notice of the
provisions of Sections 1 through 4 hereof, said notice to be
I
mailed by regular U.S. mail to such holderiat the business
address shown on the license no later than January 27, 1989 and
evidenced by an affidavit attesting to such mailing filed with
the City Clerk as soon thereafter as possible.
Section 8. It is the intention of the City Commission that
the provisions of this Ordinance shall become and be made a part
of the Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or relettered and that the word
-5-
1,f 3
10
W
"ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
PASSED ON FIRST READING BY TITLE ONLY this 15th day of
December , 1988.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 1989.
ATTEST:
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
4- - f �-- 0 - - " X
L. FER DEZ
CIT ATTORNE
RFC/bss/ebr/M381
XAVIER L. SUAREZ, MAYOR
1053 ,
t t Lt of
JORGE L. FERNANDEZ 41
City Allwoo-v
l � .oeer ouiu ��
December 22, 1988
Ms. Patricia Allen, Executive Director
Downtown Miami Business Association
1818 One Biscayne Tower
Miami, F1 33134
Dear Ms. Allen:
1311.51 579-6700
Felocoltioi : (31151 174.47.W
As you kn0w, at its Meeting of December 15, 1988, the City
Commission, before adopting the Ordinance on first reading,
amended the same to require that -notice be given to all currently
licensed retail sales establishments.. The Amendment appears by
way of an addition to Section 7 of the Ordinance and reads as
follows:
... provided that the City shall cause to have
mailed to each retail sales establishment
holding a City occupational license as of
December 15, 1988, notice of the provisions of
Sections 1 through 4 inclusive, said notice to
be mailed by regular U.S. mail to such holder
at the business address shown on the license
no later than January 27, 1989 and evidenced
by an affidavit attesting to such mailing
filed with the City Clerk as soon thereafter
as possible.
We have also incorporated a recommended change that will allow for
Ordinance compliance in the form of the identifiable coded
automated sales receipts for purchases under or over $50. The
source of this recommendation was the Florida Retail Federation
whose lack of opposition is reflected in its letter of
December 12, 1988, a copy of which was forwarded to you.
To strengthen enforcement of this Ordinance we have also provided
that all retail sales establishments at the time of the issuance
or renewal of their• occupational license in future years be
furnished a copy of the relevant portions of the Ordinance by the
addition of the following language in Section 7 of said Ordinance
to be considered for second and final reading at the City
Commission meeting of January 12, 1989:
r)FFICE OF THE CITY ATTnRNEY'1100 Anwiili-•i R`ii1dmt;%0no Southeast Third Avenue/Miami, Florida 33131 / u
Ms. Patricia Allen
December 22, 1988
Page 2
The City Finance Director shall furnish a
verbatim copy of the text of the provisions
of Sections 1 through 4 of this Ordinance to
each retail sales establishment which applies
for an occupational license to be issued or
renewed hereafter and for the license year
beginning October 1, 1989, and all subsequent
license years thereafter; said copy to be
attached to each such occupational license at
the time of issuance or renewal thereof.
The title also has been modified to present more complete
information -to the public.
Sincerely,
Z
or a L'. rnandez
City Atto ey
JLF/RFC/dfh/Mll5
cc: John Rogers, Senior Vice President, Florida Retail Federation
Drew Garrell, General Manager, Burdines
Janet Reno, State Attorney
Leonard T. Elias, Dade County Consumer Advocate
Carlos E. Garcia, Director of Finance
Adrienne L. Friesner, Assistant City Attorney
/S
( The Voice of HotiJa Ret.l Gn,,'� Florida Retail Federation "
100 East Jefferson Street 1 P.O. Box 10024 1 Tallahassee, FL 32302
904 222.4082 1 1-800.226-4082 in Florida 1 FAX, (904) 224-2675
W. 8111" Hundrat, Jr., CAM
I' ( dent and General Manages
f;
December 12, 1988
Mr. Robert Clark
Assistant City Attorney
1100 AmeriFirst Building
One Southeast Third Avenue
Miami, FL 33131
Dear Mr. Clark:
My Senior Vice President, John Rogers, has informed me of the
proposed ordinance covering retail refund policies in the City of
Miami and of your efforts to work with him concerning this
ordinance. This is to inform you that we will offer no objection
to the proposed ordinance.
After discussing the issue with Pat Allen, Executive Director of
the Downtown Miami Business Association, we found that our
members have been involved in drafting the ordinance and that it
is an effort by the business community to regulate itself and
clean itself up. We applaud those efforts as we have long
favored local solutions to local problems. We are aware of the
abuses by some merchants with regard to refunds not being made to
tourists and we think that is a situation that ought to be
remedied.
However, we do have one suggested change. We would recommend
applying the provisions of paragraph f (iii) to sales under $50
as outlined in paragraph f (i). We feel that if automated sales
receipts from cash registers are acceptable for sales over $50,
then we see no reason why the same provision should not apply to
those sales of less than $50. With this recommendation, we will
voice no opposition to the proposed ordinance.
Mr. Rogers has informed me of your courtesy and assistance in
this matter, and we are very appreciative. On behalf of the
members of the Florida Retail Federation, please accept our
thanks for this assistance and attention to this matter.
1 erely yours,
. "Bill' Kundr t, Jr., CAE
President and General Manager
WK/em.���,. p
c: Ms. Pat Allen, Executive Director
Downtown Miami Business Association
11tfbli.sher of.•
RELEIR
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO CARLOS GARCIA
Director, Finance Department
FROM : ?.IATTV)I HIRAI
City Clerk
DATE : December 22, 1988 FILE :
SUBJECT: Notice requirement in
connection with agenda
item 34 - Commission
REFERENCESmeeting of 12/15/88
ENCLOSURES:
In connection with passage of agenda item 34 at the last City
Commission meeting, namely, a First Reading Ordinance requiring
retail establishments to disclose a no refund and exchange
policy unless full refunds or exchanges are offered, the
Commission directed staff to notify all retail organizations
that they would have to comply with this ordinance. The
Commission first stated that notice should be given two weeks
in advance of the effective date of said ordinance.
We immediately contacted Bob Clark of the Law Department
requesting to know what he would consider to be legally
sufficient to comply with the Commission's requirement. He
stated that he felt the Commission intended to have each retail
organization notified individually and that he felt the
responsibility for transmittal of such notices rested with
the Finance Department.
If you have any questions, please call.
MH:vg
I()1%.4.
CITY OF MIAMI, FLORIDA 34
INTER -OFFICE MEMORANDUM
Mr. Cesar Odio NOVEMBER 30, 1988
TO: City Manager DATE: FILE:
suajECT: AGENDA ITEM FOR THE
12/15/88 COMMISSION
MEETING
FR*Niller J. Dawkins REFERENCM
City Commissioner
ENCLOSURES:
Please place on the agenda of the December .15, 1988 Commission
meeting the proposed Deceptive Retail Trade Practice Ordinanceas as a
First Reading.
MJD:aw
1.05 2
3y-
;:TY CF MIAMI FLORIDA
INTER -OFFICE MEMORANDUM
Commissioner Miller J. Dawkins November 29, 1988 -E
5_6JECT
ann rt orge L. ernandez °.E=ERENCESDeceptive Retail Trade
O �r
City Attorney Practice Ordinance
' ENCLOSURES
The Executive Director of the Downtown Miami Business
Association ("DMBA"), Ms. Pat Allen, has informed us that she has
no problem with the ordinance which was. distributed on November
loth. Accordingly, we are advising you that if the attached
proposed ordinance is otherwise acceptable, it is appropriate for
placement on the December 15th Commission Agenda as a First
Reading Ordinance. The Agenda Office is receiving a copy hereof
and the City manager is also receiving a .copy together with a
copy of our November loth letter to Ms. Allen.
Insofar as minor changes to the draft of November loth, the
following is noted:
1. We have removed the word "criminal" from the title of
the ordinance.
2. The City's authority to impose penalties and sanctions
for violations of the ordinance has been set forth in
the Preamble.
3. We have provided for a cash refund, credit refund or
exchange of merchandise at the consumer's request.
(Section 3(d)).
4. We have added language in -Section 4 to clarify the City
Commission's intent to have the City and the consumer's
civil enforcement mechanism established as an
enforcement measure separate from and in addition to
the penalties which attach to County Court prosecution
for ordinance violations. These penalties are now
equivalent to those established by the legislature for
a second degree misdemeanor.
1053.1
19
i
Commissioner Miller J. Dawkins November 29, 1988
Page 2
5. The earliest enforcement date possible, February 11,
1989, has been added; this presupposes passage on First
Reading December 15, 1988 and adoption on Second
Reading at the next succeeding Commission Meeting of
January 12, 1989.
JLF/RFC/M045
Attachment
cc: Cesar H. Odio, Cit Manager
Raul Martinez, Major
Police Department
John•J. Copelan, Deputy City Attorney
Adrienne L. Friesner, Assistant City Attorney
Judy E. Secher, Assistant City Attorney
Police Legal Unit
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Miami, Dade County, Florida. TOR PRIOA'WRIT?
STATE OF FLORIDA DISCONTINUE SEF,
COUNTY OF DADE: MENT ANDTHAY t?I
NOTICE F bibbb f
Before the undersigned authority personally appeared AFFECTED;;"COMiN
Octelma V. Ferbeyre, who on oath says that she is the AMENDINt3`SUBhI
Supervisor of Legal Advertising of the Miami Review, a daily "ENTITLED ''ENFOFI!
(except Saturday, Sunday and Legal Holidays) newspaper, TO PROViCiE`,T_ ,
published at Miami in Dade County, Florida; that the attached WASTE COLLECTIC
copy of advertisement, being a Legal Advertisement of Notice AbMINISTRATiVE;F PROM
in the matter of REPEALER S
CITY OF MIAMI ANORDINANCSAN
Ordinance No. 10533 j No.10521"ADOPT'
IMPROVEMENT;:)
f INCREASINGI*)
SANiTARY'SEWIERS
OF.,,$i85,000, CONi
A SEVERAgILir G
In the ....... .... Court, Q
X. X. X AN ORDINANCE' AI
was published in said newspaper in the Issues of OF"THE CiTY: OF` -I
TLED "POLIQE' o. E,
STORAGE_#ATES 1
January 31, 1989 ESTABLISHMENT
RECOVERING; TOV1
VEHICLES WHICH'
Afflant further says that the sold Miami Review is a 'IN THE CITY, WITHI
newspaper published at Miami in said Dade County, Florida, ;OF`THE PRIVATEVI
and that the said newspaper has heretofore been continuously SAID PARKINC3;
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as PAVMENf,lHEA)
second class mail matter at the post office in Miami In sold AIUTHORIZATION"I
Dade County, Florida, for a period of one year next preceding AUTHOE AUTHORIZATION
COMI
the first publication of the attached copy of advertisement; and
affiant further says that she has nett aid nor promised any STEPS TO`BE FOl
person, firm or corporation an coun rebate, commission VEHICLES, EST%
or re d for the purpose o wring t is advertisement for PARTICUIJIR. E All
pub a in the Id new r.
42.78;4146 AND` 4,
>�42.81; CONTAINING
liliC/ ERA 911LITY CLAUSE
'................ AN' ORDINANCE,
-r ,C
tsubscribig� before me this
•� •. ''FINANCE", OF TH
3.1.... day'f ...;.... Ja® y.......A.D. 1s..89, P IDA,ASAMENDED
AND WOMEN OW
DEFINING:THE'.T
anet AEOUIRIyQ IN S
• Not trlic, SjAteQaf orida at Large AWARDING -AT LEA
` CITY'S TOTAL A
(SEAL) '�� O • • .... • ' �N`� RROCUREMENT°E
My Commission �i�cp'Srfra't`� SMALLBUSiNESSI
MR 115 IHtffnt►1���� RROVIDE _ HAT E
REOUESTS. AND,
PROPOSALS;' .COUC
QUALIFICATIONS'
MiNORITYIWOME
PARTICiPATION, RI
MIAMI ORDINAN'0
;NES:S,'AFFAIRS
REQUIRING THAT
.TRACT: DOCUMEN
ANCE FORMS:RE
18.73(5): TO EXPAI
REQUIREMENTS, F
'ADDING `SECTION
DEPARTMENTS: TC
;TRATiVE `:PROCED
THE:COpE; FURTI
DISPUTES'REGAF
TRACTORS AND
ADDING SECTION
THE OFFICE.IQF.4
'., RFABANCIRI E: Fa
8.72
N
E
R.A',LEASE$;
111120: Aury
ftVWr` 1 Will_
%Tip.N PLAN
To flesu6T .::. ;
QW13 OR,
rig%, ALSO';
REWENTS_
IAN09 NO.
THE ANNUAL GOAL 'OF FIFTY-ONE PERCENT (fil%)
►11LI!][]ITVIu1Iy••r•11j11Q1•l�nef. e�_•�r
"COLLEC
MIAMI REVIEW/ bITIONS
LOCATION
Published Daily except Saturday, Sunday and TRASH", C
Legal Holidays AS AMEMC
Miami, Dade County, Florida. UNIMA,10TOIL PA161
STATE OF FLORIDA 0166f3NT11
COUNTY OF DADE: VENT.ANC
NOT1015..10I
Before the undersigned authority personally appeared AFFSCTEI
Octelms V. Ferbeyra, who on oath says that she Is the "AMENDINI
Supervisor of Legal Advertising of the Miami Review, a dally i ` E fteb,
(except Saturday, Sunday and Legal Holidays) newspaper, TO'PROVII
published at Miami In Dade County, Florida; that the attached WASTE CC
copy of advertisement, being a Legal Advertisement of Notice AbMINISTI
In the matter of AEPEALEP
CITY OF MIAMI ANORDiN
Ordinance No. 10533 I N0, 10521;
IMPROVE
1 INCREAS)h
SANITAAY`
A"SEVERAI
In the ....... X.. X.. X ......................... Court,
was published In said newspaper in the Issues of AN ORDIN:
OF -THE Ci
TLED "P01
January3119 8 9 STORAGE
, ESTABLIS
RECOVERII
VEHICLES
Alflenl further says that the said Miami Review is a 'iN THE W
newspaper published at Mlaml In said Dade County, Floridn, OF THE PA
and thhat the said newspaper has heretofore been continuously SAID PAR
published in said Dade County, Florida each day (except
Saturday, Sunday and Legal Holidays) and has been entered as PAYMtNY
second class mail matter at the post office In Miami In said AUTHORI7
Dade County, Florida, for a period of one year next preceding FAILURE1 the first publication of the attached copy of advertisement- and
affiant further says that she has nett aid nor promised any STEPS TO'
person, firm or corporation an coun rebate, commission VEHICLE/
or re d for the purpose o in t is advertisement for PARTICULI pub a in the id new r. 42 RTIC U
42-81; CON
l!r�C/-ERABILITY
S.
`��` • • AN ORDIh
S�v o ItA subscribiq before me this
j ••� •. : "FINANCE'
3.1.... day f ..., ....J,a ® .y.. ,.... ►A 19.. 8
AND WON
DEFINING
y Vi' REQUIRIN
• Ic a at a
Not f� Ic, SjAtertof orids at Large AWARDING
•'. CITY'S'TC
(SEAL) ',� O• . • • . • �.` PROCUREf
My Commission �e�Cpir(f� �ijr1�,P1����` SMALLiBUI
MR 115 / /II/fffttltlt� ;,B WAND
PROVIDE`
REQUEST
PROPOSAI
. QUALIFICA
t' MINORITY
PARTICIPA
MIAMI ORC
NES'S°AF
''- REQUIRING
`,'TRACT " ' DO
ANCE OF
18.73(5)'TIMC
REQUIRE
'A1)DING`,SI
DFPA RTM F
' H AT:' A
Enr.`
OF,.GITY,-.OWNED:;P)%OP.ERTT TO; -PRIVATE ¢LUB.$ AND ,
ORGANIZATIONSzCONTAIN PRESQRIBED ..LANGUAGE IN ,,:
THE,LEASE AGREEMENT'AS ,SET; FORTH„ IIJ THIS , :',
ORDINANCE, WHICH LANGUAGE MANDATES --ADOPTION.
AND IMPLEMENTATIONOF AN AF.FIRMAT.IVE ACTION PLAN L
BY SUCH.CLUB OR ORGANIZATIONN; SAID{PLAN TO'BESUl: ,
IN PARTICIPATIOBY MINORITIESAN- CLUB' 45R,".
ORGANIZATION: MEMSERSHIP AND. ACTIVITIES'ALSO''!..";'
REQUIRING::THAT. SUCH.FUTURE LEASE 'AGREEMENTS
INCORPORATETHE PROVISIONS "OF ORDINANCE NO
1ON2'RELATED-TO MINORITY; PROCUREMENT: THEREBY;'
MANDATING THE ADOPTION AND IMPLEMENTATION OF
THE. ANNUAL GOAL'OF FIFTY-ONE.PERCENT;(61°/q);::"
MINORITYIWOM,EN BUSINESS'PARTICIPATION IN THE.,.
PROCUREMENT OF GOODS AND SERVICES•BY.LESSEES
FURTHER, REQUIRING THAT.SUCH'FUTURE,.LEASE
AGREEMENTS CONTAIN A PROVISION REQUIRING THAT
LESSEES REPORT ANNUALLY TO THE CITY'S OFFICE OF '
MINORITYIWOMEN BUSINESS AFFAIRS ON THE ATTAIN•
MENT.OF SAID GOA'LS;'CONTAINING' A REPEALER .
PROVISION AND A; SEVERABILITY'CLAUSE; AND,:
PROVIDING FOR INCLUSION INTHE CITY CODE.,
Said ordingnces may be inspected by the public at the Offlce pi
the City Clerk; 350o Pan American Drive, Mlaml, Florlfl8, Monday,:
through Friday, excluding holidays, between the hours. of Z3 QO a
and 5:00 p.m.,
MATTY HIRAI
CITY CLERK "
MIAMI,,FI.ORIDA
r
c5oeo)
1131 _ .. 894d11318QM:u
4i
El
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI, FL )�6
NOTICE OF PORPOSED ORDINANCE
RE: ORDINANCE REQUIRING RETAIL
ESTABLISHME14TS TO DISCLOSE
A NO REFU14D AND EXCHANGES POLICY
In the ............ X... X... ..... . ........ . ..... Court,
was published in said newspaper In the Issues of
Dec. 30, 1988
Affiant further says that the said Miami Review Is a
newspaper published at Miami In said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mall matter at the post office In Miami in said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
all' an f her says that sha has neither paid nor promised any
person 1 m or corporation any discount, rebate, commission
or ref n for the purpose of securing this advertisement for
publl on in fhe said newspaper.
. ..._.........
�`Q %S4$pn to• nd ss' Dscribed before me this
0: d of Dec:. •, A.D. 19.
UNi aY
CrJall chez
`No ary Pdbyo,.MsIe of Florida at Large
(SEAL) ���� t� ' • • • •CC� . `ti`
My Comrti`Fg9�lid, op 11u1991.
MR 114A ;/rrilltttlllttt"
CITY OP; MIAM� ICI
NCITIC� vI= .IsslRtypl' 06,
NOtICt; is.heraby glVen It6fthe City Col
Mlaml, Florida, will ,cohalde ,the followins
and final reading,"00.00,la �'�,rfttElf�,°oom
Florida: " '
ORDINANCE NO.'--'
AN ORDINANCE REQUIRING THAT- ANY
nc nitv:niNUGn oianbKgty Tt] aatVerl
PRESCRIBED LANGUAGEIN.THE LEASE ''AGREEMENI
SET FORTH IN:THIS ORbINANCE WHICHLAN Ui
MANDATES 'ADOPTION AND IMPLiMENTATION`OF
AFFIRMATIVE ACTION' PLAN 13Y' SUCWCLUB„SAID`,PI
TORESULT IN PARTICIPATION `EIY';MINORITIES IN:'.0
MEMBERSHIP 'AND 'ACT)VITIES;'ALSO REQUIRiNG`j
SUCH FUTURE LEASE`AC,REEMENTS INCORPORATE;
PROVISIONS. 'OF'.ORDINANCE; NO. 100e12, RELATED
MINORITY PROCUREMENT.THERESY, MANDATI.N'G""'
ADOPTION AND.IMPLEMENTAriON!OF,.THE'ANNUAL01
OF FIFTY-ONEi` PERCENTr(51 %) .MiNORITYNVOMEN';B
N ESS PARTI C I PATIO N , I N' TH E: PAOCU R EM ENT.OFGOI
AND SERVICES BY LESSEES; FURTHER;_REQUIRING T
SUCH `FUTURE':LEASE'AGREEMENTS.CONTAII
PROVISION REQUIRING THAT LESSEESREPORT:.AN
ALLY'TO;THE CITY'S.OFFICE�OF MINORITYIWOMEN-B
NESS AFFAIRS ON, THE'%ATTAINMENT-OF, SAID'.GOI
CONTAINING A`REPEALER PROVISION'AN6WSEVERA
1TY;CLAUSE;' AND PROVIDING: FOR INCLUSIONIN.'
CITY CODE
ORDINANCE NO
AN ORDINANCE�AMENDING CITYICQDE.SECTION 39?
THEREBY REDUCING'�THE REQUIRED•UABILI. Y0.8
ANCE'FROM _$T50.600JO $300,000;':CONTA1NiN
REPEALER PROVISION AND A SEVERABILITY CLAUSES
ORDINANCE NO
"ram
ANORDINANCE REQUIRING RETAIL ESTABLISHMENTS
; DiSCLO§E A_NO REFUND AND E XdHANGE OOUCY,UNLE
FULL: REFUNDS .OR' EXCHANGE8 "ARE OFF,ERED:$Yi3
ESTABLISHMENT;REOUIRING'RETAIL :ESTABI_ISIiAIEis
TO HONOR.REFUNDS"AND'E.XCHANGES AS OFFERI
PROVIDING PENALTIES AND, FOR.,;CIVILENF09CEME
MEASURES;:.CONTAINING;A REPEALER: PROVISION*A
A SEVERABILITY ;CLAUSE; ,PROVIDING. FOR AN OPERAT
DATE; AND PROVIDING:FOR INCLUSION IN THE CITY CO
ORDINANCE NO
AN ORDINANCE AMENDING" SECTION 14.25(d))OF :T
CODE OF,.THE,CITY, OF MIAMI, FLORIDA AS 'A. MENDI
TO; REMOVE THETWO' CONSECUTIVE FULL',TEI
MAXIMUM' SERVICE REQUIREMENT. FOR`PRIVATE. SECT
MEMBERS. OF THE DOWNTOWN DEVELOPMENT AUTHI
1TY BOARD.
ORDINANCE NO. .
AN ORDINANCE; AMENDING SECTION 22 2, ENTITL
'COLLECTION SERVICES, CONTAINEWUSAGE,:,C(
DITIONS AND, REQUIREMENTS FOR: PLACEE
LOCATION", OF CHAPTER 22, ENTITLED "GARBAGEA
TRASH", OF,THE CODE OF THE CITY OF MIAMI; FLORII
AS AMENDED,.TO PROVIDE THAT'ALL PRIVATE HAULE
UNDER THIS CHAPTER GIVE THE
TOR .PRIOR WRITTEN NOTICE OF
AMENDING` SUBSECTION 22-320),,01``.SUCIH CHAPTI
ENTITLED !'ENFORCEMENT AND ADMINISTRATIVE FEE
TO PROVIDE THAT A COMMERCIAL ACCOUNT'WITHC
WASTE COLLECTION SERVICE SHALL BE,
ADMINISTRATIVE FEE OF 050.00 PER DAY;.CONTAINI
A REPEALER PROVISION AND A SEVERABILITY CLAUS
ORDINANCE NO
AN ORDINANCE AMENDING SECTION ONEOE.ORDINAN
N0, 10521, .ADOPTED .NOVE:MBER 17;.1988, THE .CAPII
IMPROVEMENTr APPROPRIATIONS 'ORDINANCE'-'
INCREASING THE APPROPRIATION FOR'NORTH FIAGI
SANITARY.SEWERS, PROJECT N0: 351273, IN 3IIE AM%
OF.S185,000; CONTAININ6`A REPEALER PROVISION A
A SEVERABILITY CIAUOS ,;,
1 OF 2
ORDINANCE N0.
AN ORDINANCE AMENDING, CHAPTER 4 OF,THE CObE.
OF THE CITY, OF MIAMI, .FLORIDA' AS. AMENbEb, ENTI
TLED `.!POLICE' ESTABLISHING MAXIMUM TOWING AND ,
STORAGE. RATES THAT: MAY BE CHARGED 9V;BUSINESS'
ESTABLISHMENTS, ENGAGED1N THE"PRACTICE OF:.•
RECOVERING, TOWING REMOVING AND STORING. MOTOR
VEHICLES WHICWME PARKED ON PRIVATE;PROPERTV .,
IN THECITYWiTHOUT THE PERMISSION OFJHE:OWNER.
OF,THE PRIVATE PROPERTY HAVINQ.BEEN GRANTED,FOIi
-SAID".PARKINO.,"PROVIDING;FOR,THE METHODS OF
PAYMENT, TIiEREOF'ESTABLISHING .THE;TOWiNG
AUTHOR11ATiON PROCEDURES AND .SA NCTIONS FOR;
FAILURE TO ,COMP,LY"THEREWITH, ESTABLISHING THE
STEPS: TO"gE`FOLLOWED IN THE COURSE'OF;TOWING
?VEHICLES;- ESTABLISHING LiCENS,E FgeS MORE;
';.bAnYl/N11.AO1 VGA►�OLIMI\Ili. nit-v i+nnie'cCl.T1nUr •.. �i-_
1 -10, q&M ANU 4[•/!l;ANU AUUINU bhUl1UN5;42-M ANU,;
d2-81; .CONTAl W ' A REPEALER PROVISION •AND A SEVc
ERABILITY CLAUSE, PROVIDING F,OR AN EFFECTIVE, DATE
ORDINANCE NOi.
AN ORDINANCE AMENDINQ CHAPTER
..ER8M,"ENTITLED
"FINANCE'%OFTHECODE OF THE OYOF MIAMIFLORY•
MENDEO,;BRDC
IDA,AS*ANINGTHE,T
AND: WOMEN OWNED
:BUSINESS •ENTERP.,RISE" AND:: `
DEFINING THETERM`;'VEND,OR" IN •SECTION 18.88;,
REQUIRING IN,;SECTION 18�72 THAT,, -THE: GOAL,;OF,; -
AWARDING At LEAST:FIFTYONE PERCENT
�CITY'.S;;TOTALANNUAL DOLLAR:VOL'UME,:QF i
ALL;
PROCUREMENT` EXPENDITURES TO. NIINORITYIWOMEN
SMALCAU61NESSES'BE:APPUED TO ALL CITY:,OF MIAMI -
BIBS AND CONTRACTS; WHENEVER.,FEASIBLE;,REVISING;
SECTION 1843`TO ;PROVIDE THAT: ALL CITY OF,.MIAMI; :•
;. INVITATIONS, REQUESTS AND/OR ADVERTISEMENTS FOR.,:; .
.BIDS; PROPOSALS;'OUOTES,:�LETTERS 00, ; TEREST*..
AND/OR QUALIFICATION; STATEMENTS .CONTAIN- THE
1. APPROVED MINORITYIWOMEN`:•BUSINESS ENTERPRISE
(MIWBE) PARTICIPATION: REQUIREMENTS PURSUANT TO'.
! C11Y OF MIAMI ORDINANCE NO -10062 , MINORITY/WOMEN"
'BUSINESS AFFAIRS-AND°PROCUREMENT PROGRAM .-"...
REQUIRING THAT ALL RESULTING AWARD AND/OR CON-.,
'TRACT;DOCUMENTS CONTAIN THE REQUIRED=COMPLI ;
ANCE FORMS RELATIVE THERETO;: REVISING. -SECTION'
18.73(5) TO'.. EXPAND UPON THE AFFIRMATIVE ACTION'.
'-FOR ALL CITY: BIDS"AND CONTRACTS;
-ADDING:.SECTION 18.76:`AUTHORIZING-ADMINISTRATIVE; ,
DEPARTMENTSTO ESTABLISH:THE'REQUiAED:ADMINIS=.'
TRATIVE PROCEDURES `TO INSURE' COMPLIANCE WITH:;
THE CODE;'FURTHER,' PROVIDING, FOR;RESOLUTION OF':' ,<
DISPUTES RE,GARDING-WITHHELD�PAYMENTS•.OF'CON-'.
TRACTORS -AND SUBCONTRACTORSAND FUTHER ADDING'
i SECTION,1&77:DESIGNATING:':THE-, DIRECTOR' OF THE
i OFFICE',OF"MIWBE`AFFAIRS,AS�THE'CITY�OFFICIAL
RESPONSIBLE FOR"ESTABLISHING,AND-IMPLEMENTING
MIWBE:B,ID,''AND CONTRACTPA:R•TICIPATION..:.
REQUIREMENTS;:COMPLIANCE:GUIDELINES; AND
MONITORING AND REPORTING:: PROCEDURES;
CONTAINING AREPEALER PROVISION AND A::SEVERABIL
ITY CLAUSE,
SAId proposed ordinancea may be inspected, by the public at.the
Office of the Clty': Clerk, 3500' Pan American Drive; Miami;, Florida,.
Monday through:Frlday, excluding holldays,-betweenAhe hours, of
6.00ZM.:and 5:00 P.M
All interested persons may appear,at.the ineeting�and'be
heard with`=:respect to the -proposed ordlnances. The hersinabove
ordinances may be'the subject of City Commission consideration`
as emergency measures at its meeting presently scheduled for Jan-'
uary'12,A989; •
Should'any person desireto appeal any decialon'of, the. CityCom
mission with respect to any matter to be considered at this meeting,
that I person, shalt ensure � that a verbatim -record of the proceedings Is..
made, Including all testimony and evldence'upon which any appeal,
may be based,
(M5060) -
Malty Hirai
City Clerk,
City of Miami, Florida
12/30 U 4.123031 M
2 OF 2