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<br />a. Commodity means any goods, services, materials, merchandise, supplies,
<br />equipment, resources, or other article of commerce, and includes, without
<br />limitation, food, water, ice, chemicals, petroleum products and lumber necessary
<br />for consumption or use as a direct result of the emergency.
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<br />b. Necessity means any materials and services related to, but not limited to, food,
<br />fuel, water, energy, medical treatment, construction, repair and transportation.
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<br />c. Overcharging means charging prices for goods, materials, services, or housing
<br />which are substantially in excess of the customary charges, or in the applicable
<br />case, substantially in excess of the supplier's or provider's costs for such goods,
<br />materials, services or housing. The existence of overcharging shall be presumed
<br />from a substantial increase in the price at which the goods, materials, services, or
<br />housing where offered in the usual course of business immediately prior to the
<br />onset of the emergency, but shall not include increases in costs to the supplier
<br />directly attributable to higher costs of materials, supplies, and labor costs resulting
<br />from the emergency.
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<br />d. Declared State of Emergency. means a temporary condition declared by the
<br />Governor, Mayor of Miami-Dade County, Board of County Commissioners, City
<br />Commission or City Manager, when, in the judgment of these officials, the threat
<br />or actual occurrence of a State or Local Disaster Emergency is of sufficient
<br />severity and magnitude as to warrant extraordinary efforts in preventing or
<br />alleviating the damage, loss, hardship or suffering threatened or caused thereby.
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<br />Section 4. Prohibition on Price-Gouging. Upon declaration of a state of emergency by the
<br />Governor, Mayor of Miami-Dade County, Board of County Commissioners, City Commission of
<br />the City of Sunny Isles Beach, and/or City Manager of the City of Sunny Isles Beach, it is
<br />unlawful and a violation of this ordinance for a person or his or her agent or employee to
<br />overcharge for a commodity or necessity that is essential to sustain life, health, or safety of
<br />persons or their property, during a declared state of emergency.
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<br />Section 5. Penalties. Violation of this part upon conviction shall be punishable by a fine not
<br />to exceed $1,000.00 per violation.
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<br />Section 6. Revocation of Occupational License. Pursuant to Section 197-18 of the City
<br />Code, the City Manager or designee may revoke the occupational license issued by the City to
<br />any person or entity that is found to be in violation of this Ordinance, Section 501.160, Florida
<br />Statutes, and Section 8A-5 of the County Code of Miami-Dade County. Any person or entity
<br />whose license has been revoked as provided in this Ordinance, shall have the right to appeal the
<br />decision of the City Manager to the City Commission as provided by Section 197.18 (B) of the
<br />City Code.
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<br />Section 7. Severability. The provisions of this Ordinance are declared to be severable and if
<br />any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
<br />invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
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<br />Prohibiting Price-Gouging During State Of Emergency
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