HomeMy WebLinkAboutItem #83 - First Reading Ordinance3
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J-88-845
9/25/89
ORDINANCE NO.
AN ORDINANCE REQUIRING RETAIL ESTABLISHMENTS
TO DISCLOSE REFUND AND EXCHANGE POLICIES
UNLESS FULL REFUNDS OR EXCHANGES ARE OFFERED
BY THE ESTABLISHMENT; REQUIRING RETAIL
ESTABLISHMENTS TO HONOR REFUNDS AND EXCHANGES
AS OFFERED; PROVIDING FOR CIVIL AND CRIMINAL
PENALTIES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
OPERATIVE DATE; AND PROVIDING FOR INCLUSION
IN THE CITY CODE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section I. STATKNENT 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 restrict refunds or exchanges conspicuously
disclose such restrictions.
Section 2. DEFINITIONS. For the purpose of this
Ordinance:
(a) "Retail establishment" shall mean 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" shall include 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 custom-made or custom -altered
goods or products; or food or drink or other perishable
goods.
Section 3.
(a) Any retail establishment within the City 4'
failing to clearly disclose prior to #.
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displayed and legible signs at the point of sale, or by
other equally conspicuous weans, its policy with
respect to refunds and exchanges, shall be obligated to
provide full refunds or exchanges, as the customer
prefers, without condition or delay for a period of 14
days after the sale of the merchandise.
(b)
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.
(c)
All sales or merchandise in excess of $1.00 shall be
accompanied by a receipt disclosing the seller's name,
the date of sale and the sales price; merchandise sold
for over $50 shall be accompanied by a written invoice
or receipt containing the date of sale, the purchase
price, the name of the seller ( both the f irm name and
the salesperson), the identification number or
description of the merchandise sold, including the
model and the manufacturer thereof.
Section 4. ENFORCE-1zNT AND P nt�►r.TIES
(a)
Civil Enforcement. To the extent permitted by law, 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 rotail
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(11) at Conausrrs. 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.
(b) Civil Penalties. In any civil action based on this
Ordinance, if the injured consumer or the City proves
that the violation occurred after one or more written
warnings or notices of violation to the defendant, or
was especially offensive or egregious, the court may
impose punitive damages not exceeding $1,000 per
violation or three times the price of the merchandise,
whichever is greater.
(c) Criminal Enforcement. A person, firm or corporation
violating or failing to comply with any of the
provisions hereof shall, upon conviction, be fined not
less than $100 for the first offense, $500 for the
second offense, and not less than $1,000 for 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 90 days for the second or
subsequent offense. Criminal enforcement proceedings
when instituted shall be conducted on behalf of the
City of Miami.
(d) In addition to the provisions set forth in Subsections
(a), (b), and (c) hereof, the City may take such
measures as are lawfully permitted under City Code
Chapter 31 dealing with the denial and/or revocation
and suspension of occupational licenses.
section 5. All ordinances or parts of ordinances u
as they are inconsistent or in conflict with the
Prow",
this Ordinance are hereby repealed.
Section 6. If any section, part of ate#* ;
classe, phrase or word of this Ordinance it *W'
reNSLALeq provisions of t"s Or+diwosao +Nell W* 60 # #
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Section 7. The provisions of this Ordinance shall become
operative on November i, 1980.
Section S. It is the intention of the City Cawission 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 8th day of
September , 1988.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of
ATTEST:
NATTY HIRAI
CITY CLERK
REP D AND APPROVED BY
OBERT F. CLERK
CHIEF DEPUTY CITY ATTORNEY
, 1988.
APPROVED AS TORN AND CORRECTNESSs
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RFC/bss/M381
XAVIER L. SUAREZ, MAYOR
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