City of Miami Ordinance, Chapter 32 - MERCHANDISING

ARTICLE III. REFUNDS AND EXCHANGES

Sec. 32-66. Statement of purpose.
Sec. 32-67. Definitions.
Sec. 32-68. Enforcement and penalties.
Sec. 32-69. Requirements.
Sec. 32-66. Statement of purpose.
This article is designed to protect city 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.
(Ord. No. 10533, 1, 1-12-89; Code 1980, 32-81)
Sec. 32-67. Definitions.
For the purpose of this article:
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.
Point of sale means all cash registers in a retail establishment.
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.
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.
(Ord. No. 10533, 2, 1-12-89; Code 1980, 32-82)
Sec. 32-68. 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:
(1) By city. Upon recommendation from the city manager that a retail establishment has violated this
article, 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 article. In the event there is found
to be a violation of this article, the city may recover court costs and reasonable attorney's fees. In any
civil action based on this article, 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 $1,050.00 per violation or three times
the price of the merchandise that is the subject of the sale in question, whichever is greater.
(2) By consumers. Any person injured by a violation of this article 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 article, 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 $1,050.00 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 $105.00 for the first offense and not more than
$525.00 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) License may be affected. 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 local business tax receipts.
(Ord. No. 10533, 4, 1-12-89; Code 1980, 32-83; Ord. No. 12885, 1, 2-8-07; Ord. No. 13142, 11,
2-11-10)
Sec. 32-69. Requirements.
(a) Signs required. Every retail sales establishment within the city offering goods for sale to the general
public that offers no cash refund, credit refund, or exchange or merchandise, must post a sign so
stating, at the point of sale.
(b) Specifications for sign. The lettering on the posted sign must be at least three-fourths inch in height
and three-fourths inch in width. The sign must be posted in a visible and conspicuous place near the
point of sale.
(c) Failure to post sign. 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) Failure to comply. Any retail establishment failing to comply with the provisions of this article 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 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) When establishment grants refunds or exchanges. 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) Sales slips.
(1) 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.
(2) Merchandise sold for over $50.00 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.
(3) 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 subsection (f)(2), 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 preceding paragraphs (1) and (2) of this subsection (f).
(Ord. No. 10533, 3, 1-12-89; Code 1980, 32-84)