City of Miami Beach v. Austin Burke, Inc.

CARROLL, Judge.

This appeal by the City of Miami Beach, the members of the city council and certain other city officials who were defendants in the court below, is from a declaratory decree which held invalid the provisions of Chapter 7 of the Code of the City of Miami Beach, enacted for the purpose of regulating liquidation and distress goods sales by merchants.

The appellee Austin Burke, Inc. was convicted in the city court of violating the ordinance by advertising a sale of the kind regulated thereby without having applied for and obtained a license thereunder. The appellee then sought and…