2013-3791 Ordinance ORDINANCE NO. 2013-3791
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, AMENDING THE CITY CODE, BY DELETING
CHAPTER 16, "BUSINESSES", ARTICLE XII, "SECONDHAND
GOODS'°, DIVISION 3, "PAWNSHOPS"; AND DIVISION 4,
"SECONDHAND DEALERS"; AND BY AMENDING CHAPTER 102,
"TAXATION", ARTICLE V, "LOCAL BUSINESS TAX", SECTION 102-
356, "CONSTRUCTION OF ARTICLE; DEFINITIONS"; IN ORDER TO
CONFORM CITY CODE - PROVISIONS ON PAWNSHOPS AND
SECONDHAND GOODS WITH APPLICABLE FLORIDA STATUTES;
AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II "DISTRICT REGULATIONS," DIVISION 4
"CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," SECTION 142-
273, "CONDITIONAL USES" AND DIVISION 5 "CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT," SECTION 142-303 "CONDITIONAL
USES" BY INCLUDING SECOND HAND DEALERS OF PRECIOUS
METALS AS A CONDITIONAL USE IN THE CD-1 AND CD-2 ZONING
DISTRICTS; AND DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY
DISTRICT," SECTION 142-335 "PROHIBITED USES" AND DIVISION
16 "PS PERFORMANCE STANDARD DISTRICT," SECTION 142-693(0)
"PERMITTED USES," BY INCLUDING SECOND HAND DEALERS OF
PRECIOUS METALS AS PROHIBITED USES IN THE CD-3 AND PS
DISTRICTS, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly
define the requirements of the Land Development Regulations of the Code of the City of
Miami Beach as they pertain to zoning districts and regulation; and
WHEREAS, currently the City Code specifies that in those commercial zoning
districts that permit them, pawnshops are a Conditional Use, requiring review and
approval by the Planning Board. Pawnshops are specifically defined in the City Code;
and,
WHEREAS, secondhand dealers are a similar use to pawnshops, but are not
specified enumerated in the list of permitted, conditional and prohibited uses for the
various zoning districts; and,
WHEREAS, the City of Miami Beach desires to require review and approval of
secondhand dealers similar to that which is required of pawnshops; and,
WHEREAS, the amendments set forth below throughout the City Code are
necessary to accomplish the above objective;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 18, "Businesses', Article XII, "Secondhand Goods'' Division 3,
"Pawnbrokers" of the City Code is hereby deleted and replaced with the following reference to
Florida Statutes:
DIVISION 3. - PAWNBROKERS
Sec. 18-721. — Sec. 18-737
Chapter 539, Florida Statutes (The Florida Pawnbroking Act, Sections 539.01-539.3) as
may be amended from time to time, is hereby adopted by the city.
SECTION 2. Chapter 18, "Businesses", Article XII, "Secondhand Goods", Division 4,
"Secondhand Dealers" of the City Code is hereby deleted and replaced with the following
reference to Florida Statutes:
DIVISION 4. - SECONDHAND DEALERS
Sec. 18-761 - Sec. 18-770
Chapter 538, Part I, Florida Statutes (Secondhand Dealers, Sections 538.03-538.17) as
may be amended from time to time, is hereby adopted by the city.
SECTION 3. Chapter 102, "Taxation", Article V, "Local Business Tax", Section 102-356,
"Construction of Article; Definitions" of the City Code is hereby amended as follows:
Sec. 102-356. - Construction of article; definitions.
Precious metals is as defined in F.S. § 538.03: Any item containing any gold, silver, or
platinum, or any combination thereof, excluding any chemical or any automotive,
photographic, electrical, medical, or dental materials or electronic parts.
Precious metals dealer is as defined in F.S. § 538.03: A secondhand dealer who
normally or regularly engages in the business of buying used precious metals for resale.
The term does not include those persons involved in the bulk sale of precious metals
from one secondhand or precious metals dealer to another.
2
Secondhand dealer is as defined in F.S. § 538.03: Any person, corporation, or other
business organization or entity which is not a secondary metals recycler subject to part
II and which is engaged in the business of rapurchasing, consigning, or trading
secondhand q gods. means aRy n°rcnr� n+ solely �+nnrI . metals r eG
�bij�n"rn,+
28 r+11�aged- rr he h f P irnha^ir%rr o%oR6igF;inn pawR
buy, tFade nr 6eII nr who make leaF;s of MORey i irrme ddePeji+ nr pledge G
Secondhand goods is as defined in F.S. § 538.03: Personal property previously owned
or used, which is not regulated metals property regulated under part II and which is
purchased, consigned, or traded as used property. Such secondhand goods do not
include office furniture, pianos, books, clothing, organs, coins, motor vehicles, costume
jewelry, cardio and strength training or conditioning equipment designed primarily for
indoor use, and secondhand sports equipment that is not permanently labeled with a
serial number. For purposes of this paragraph, "secondhand sports equipment" does
not include golf clubs. meaRs peFSORal pFepeFt" r,revin„6Iv e w F;ed nr u erl Whinh 86 r,n+
• 11, and WhiGh 06 PUFGhased,
but is ran+ Iimi+ed +n•
(1) WatGhes,
r`\ Item6 nnn+ inin )Id 6ilvr piat*RuFn nr n+he nreG'Gus Tmetal7
(3) Iewelni, diamnnds_gem6, any) ether rprenini i6 6 6, eX616 idinn n96+6ime
(/I) FishiRq r9d6 and +ankle•
,
, ,
,
,
(6) Ge m p u t ,-rr,
/ RadaF aeteGt$FS
,
/S2\ rler,+h finder•
(9) Depth
41 M Dhn+nnranhin eq pmeRt � ipg_but nn+ limi+e��� ern�Rse�
�S+remin flr g-hes eln"pi�R., err'„ir�men+•
,
(1 1) MaGhiR i +nn16 eleG+rin rrmn+nr6 naIG Ala+nrs tires hubcaps m, sisal
,
3
(12) VVeaP GR6 innli ding knives sweFd and air g RS,
> GellulaF and peFtable;
(14) MiGFewaye nvon6•
1'I C,\ Animal fUr nnats•
(17) OffiGe enuinmeRt 66inh a6 GO-Pit-QFG-, fav Tne6 and Postage manhinorL,
(18) SpeFts equipment;
(19) I aWRmeweF�shbinv�j annoteF yehi�j.
SECTION 4. Chapter 142, Entitled "Zoning Districts and Regulations", Article II "District
Regulations," Division 4 "CD-1 Commercial, Low Intensity District," Section 142-273,
"Conditional Uses" of the City Code is hereby amended as follows:
Sec. 142-273. - Conditional uses.
The conditional uses in the CD-1 commercial, low intensity district are adult congregate
living facilities; nursing homes; religious institution; public and private institutions;
schools; day care facility; pawnshops; secondhand dealers of precious metals/precious
metals dealers; video game arcades; warehouses; any use selling gasoline; new
construction of structures 50,000 square feet and over (even when divided by a district
boundary line), which review shall be the first step in the process before the review by
any of the other land development boards; neighborhood impact establishment; and
storage and/or parking of commercial vehicles on a site other than the site at which the
associated commerce, trade or business is located. See section 142-1103.
SECTION 5. Chapter 142, "Zoning Districts and Regulations", Article II "District
Regulations," Division 5 "CD-2.Commercial, Medium Intensity District," Section 142-303
"Conditional Uses" of the City Code is hereby amended as follows:
Sec. 142-303. - Conditional uses.
The conditional uses in the CD-2 commercial, medium intensity district are adult
congregate living facilities; funeral home; nursing homes; religious institution;
pawnshops; secondhand dealers of precious metals/precious metals dealers; video
game arcades; public and private institutions; schools; any use selling gasoline; new
construction of structures 50,000 square feet and over (even when divided by a district
boundary line), which review shall be the first step in the process before the review by
any of the other land development boards; outdoor entertainment establishment;
neighborhood impact establishment; open air entertainment establishment; and storage
and/or parking of commercial vehicles on a site other than the site at which the
associated commerce, trade or business is located. See section 142-1103.
4
SECTION 6. Chapter 142, "Zoning Districts and Regulations", Article II "District
Regulations," Division 6, "CD-3 Commercial, High Intensity District," Section 142-335
"Prohibited Uses" of the City Code is hereby amended as follows:
Sec. 142-335. - Prohibited uses.
The prohibited uses in the CD-3 commercial, high intensity district are pawnshops;
secondhand dealers of precious metals/precious metals dealers; and accessory outdoor
bar counter, except as provided in this division.
SECTION 7. Chapter 142, "Zoning Districts and Regulations", Article II "District
Regulations," Division 18 "PS Performance Standard District," Section 142-693(C)
"Permitted Uses," of the City Code is hereby amended as follows:
Sec. 142-693. - Permitted uses.
(c) For purposes of this section, pawnshops, secondhand dealers of precious
metals/precious metals dealers and dance halls and entertainment
establishments are not permitted as a main permitted or accessory use south of
Fifth Street; however, in the C-PS3 and C-PS4 districts dance halls and
entertainment establishments shall be permitted as an accessory use within a
hotel of 250 rooms or more with access to the dance hall or entertainment
establishment only from the interior lobby and not from the street.
SECTION 8. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 9. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 10. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
5
SECTION 11. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 6th day of February , 2013.
ATTEST:
CITY CLE K A ROVED AS TO
:INCORP ORATED: & LANGWCOE
�'• O EC
2 0
2 it ney D to
First Reading: January 16, 2013
Second Reading: February 6, 2013
Verified by:
ichard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
TAAGENDA\2013\February 6\Secondhand Goods-ORD 2nd.docx
6
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment proposing to require Conditional Use approval
for Second Hand Goods Stores dealing in Precious Metals
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summa /Recommendation:
SECOND READING
The proposed Ordinance would treat Secondhand Goods stores that deal in Precious Metals to be
approved as Conditional Uses by the Planning Board. The ordinance would treat them in the same
way as currently applied to Pawn Shops, requiring Conditional Use in areas where permitted, and
prohibiting them in certain other areas.
The subject Ordinance was approved at First Reading on January 16, 2013. The Administration
recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On June 28, 2011, the Planning Board considered the proposed amendment drafted by staff, and
recommended that the Ordinance only include the Conditional Use requirement only for second hand
precious metals, as they were concerned about affecting used furniture shops and "thrift" shops, as
currently defined in the State statute as second hand goods.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary: The proposed ordinance should not have any direct fiscal impact
upon the resources of the City at this time.
City Clerk's Office Legislative Tracking:
Richard Lorber or Thomas Mooney
Sign-Offs:
Department Director A sistant City Nffinager City M ger
T:W ENDA\2013\February 6\Secondhand Good d.doc
MIAMIBEACH AGENDA ITEM
� DATE 2
NAIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: February 6, 2013
SECOND READING
SUBJECT: Second Hands Goods Stores— Precious Metals
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI REACH, AMENDING THE CITY CODE, BY
DELETING CHAPTER 16, "BUSINESSES", ARTICLE XII,
"SECONDHAND GOODS", DIVISION 3, "PAWNSHOPS"; AND
DIVISION 4, "SECONDHAND DEALERS", AND BY AMENDING
CHAPTER 102, "TAXATION", ARTICLE V, "LOCAL BUSINESS
TAX"", SECTION 102-356, "CONSTRUCTION OF ARTICLE;
DEFINITIONS", IN ORDER TO CONFORM CITY CODE
PROVISIONS ON PAWNSHOPS AND SECONDHAND GOODS
WITH APPLICABLE FLORIDA STATUTES; AND BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE 11 "DISTRICT REGULATIONS," DIVISION 4 "CD-1
COMMERCIAL, LOW INTENSITY DISTRICT," SECTION 142-273,
"CONDITIONAL USES" AND DIVISION 5 "CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT," SECTION 142-303
"CONDITIONAL USES" BY INCLUDING SECOND HAND
DEALERS OF PRECIOUS METALS AS A CONDITIONAL USE IN
THE CD-1 AND CD-2 ZONING DISTRICTS; AND DIVISION 6,
"CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION
142-335 "PROHIBITED USES" AND DIVISION 16 "PS
PERFORMANCE STANDARD DISTRICT," SECTION 142-693(0)
"PERMITTED USES," BY INCLUDING SECOND HAND
DEALERS OF PRECIOUS METALS AS PROHIBITED USES IN
THE CD-3 AND PS DISTRICTS, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
A discussion to tighten the City ordinance involving conditional use procedure for second
hand stores was referred to the Land Use and Development Committee by the City
Commission on November 17, 2010, at the request of Commissioner Gongora. On
Commission Memorandum
Second Hand Goods Stores—Precious Metals
February 6, 2013 Page 2 of 3
December 13, 2010, the Land Use Committee referred the matter to the Planning Board
as an Ordinance Amendment.
ANALYSIS
Currently the City Code specifies that in those commercial zoning districts that permit
them, pawnshops are a Conditional Use, requiring review and approval by the Planning
Board. Pawnshops are specifically defined in the City Code.
Another type of business, which is related to pawnshops, are second hand goods. The
City has two types of second hand goods licenses, either apparel, i.e. used clothing, or
non-apparel. Second hand goods non-apparel can be any type of hard good, used
furniture and the like, but most often is characterized by the buying and sometimes
selling of gold and jewelry items. This use is very similar to pawnshops, except they do
not deal in "pawns" or loans for a specific amount of time secured by the goods pawned,
but rather engage in a straight purchase of the proffered goods.
In 1994 the City enacted restrictions on pawnbroking, requiring Conditional Use
approval. Originally, staff believes that this was intended to extend to second hand
goods dealers as well; however, changes to State law split pawnbroking from second
hand goods, and the City ordinance requiring Conditional Use_was not applied to second
hand goods. The proposed ordinance would extend the same Conditional Use
requirement and district prohibitions to certain Second Hand Goods.
On June 28, 2011, the Planning Board considered a comprehensive' Ordinance
amendment drafted by staff, which included numerous references to applicable State
Law and set forth more comprehensive procedures and requirements for second hand
good stores. This comprehensive version of the ordinance included dealers in precious
metals, as well as used furniture shops and "thrift" shops, as currently defined in the
State statute as second hand goods.
The Planning Board, however, expressed concern about the broad nature of the
proposed ordinance, and recommended that the Ordinance be reduced in scope and
include the Conditional Use requirement only for second hand precious metals.
Precious metals is defined by the state statute 538.03 F.S. as any item containing any
gold, silver, or platinum, or any combination thereof, excluding any chemical or any
automotive, photographic, electrical, medical, or dental materials or electronic parts.
Precious metals dealer is defined as a secondhand dealer who normally or regularly
engages in the business of buying used precious metals for resale. The term does not
include those persons involved in the bulk sale of precious metals from one secondhand
or precious metals dealer to another.
Staff has reviewed the recommended Ordinance with the City Attorney's Office and the
Police Department, and presented a draft of the recommended Ordinance for discussion
and policy direction to the Land Use Committee (see attached). This ordinance is more
limited in scope, as per the Planning Board's recommendation. During a recent
discussion of the matter at a City Commission discussion, Mayor Bower expressed a
similar preference for a more limited approach, rather than increasing regulations on all
types of used goods sellers.
Commission Memorandum
Second Hand Goods Stores—Precious Metals
February 6, 2013 Page 3 of 3
Note that the ordinance as proposed also deletes the entirety of those portions of
Chapters 18 and 102 (outside the Land Development Regulations) that deal with
pawnbrokers and second hand goods, and replaces them with references to the
applicable State statutes, F.S. 538 and 539. This amendment is at the request of the
City Attorney's Office staff, who believe that this would be more preferable than
continuing to delineate the state requirements through text in the City Code.
In summary, the proposed ordinance attached would require Second Hand Precious
Metals dealers to obtain Conditional Use approval, restricts them from those districts
which pawnbrokers are currently restricted, and replaces regulations in Chapters 18 and
102 with references to the applicable state statutes.
The subject Ordinance was approved by the City Commission at First Reading on
January 16, 2013.
PLANNING BOARD REVIEW
On June 28, 2011, the Planning Board considered the proposed amendment drafted by
staff, and recommended that the Ordinance only include the Conditional Use
requirement only for second hand precious metals, as they were concerned about
affecting used furniture shops and "thrift" shops, as currently defined in the State statute
as second hand goods.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and determined that there
should not be a measurable impact on the City's budget by enacting the proposed
ordinance.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
KGB/JGG/RGL
TAAGENDA\2013\February 6\Second Hand Goods MEM 2nd.docx
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THE MAX'HERALD 1 Ka-iHerald.com
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i''J 7711 �\! 1• l � \;,,y
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that second readings and public hearings will be held by i
the;Mayor and.City Commission of the City.of Miami Beach.Florida,.in the Commission
Chambers,3rd Floor,City.Hall,1.700 Convention Center:Drive,Miami Beach.Florida,on
Wednesday,February 6;201.3 to consider the following:
%30 a.m.
-Ordinance Amending The City Code. By Deleting Chapter 18, "Businesses". Article XII.
"Secondhand Goods",Division 3,."Pawnshops";And Division 4,'Secondhand Dealers":And
By Amending Chapter 102, "Taxation". Article V, "Local Business Tax", Section 102-356. i
"Construction Of Article;Definitions";In OrderTo Conform City Code Provisions On Pawnshops '
And Secondhand Goods With Applicable Florida Statutes;And By Amending Chapter 142,
"Zoning OistrictsAnd Regulations;"Article It'District Regulations,"Division 4"CD-1 Commercial,
Low Intensity District,"Section 142=273,"Conditional Uses'And Division 5'CD-2 Commercial,
Medium Intensity District." Section 142-303 'Conditional Uses" By Including Second Hand
Dealers Qf Precious Metals As A Conditional Use In The CD-1 And CO-2 Zoning Districts;
And Division,6,'CD-3.Commercial,High Intensity District,"Section 142-335 Prohibited Uses"
And Division 18 TS Performance Standard District,"Section 142-693(c)`Permitted.Uses,"
By Including Second Hand Dealers Of Precious Metals As Prohibited Uses In The CD-3 And
PS Districts.
Inquiries may be directed to the Planning Department at(305)673-7550.
10:45 a.m.
Ordinance.Amending Chapter 1.02 Of The Miami Beach City Code,Entitled"Taxation,"By
Creating Section 1.02-2,To Be Entitled "Homestead Exemption For Low-Income Senior i
Citizens Who Are Long-Term Residents';Providing For An Additional Homestead Exemption
For Certain Low-income Qualifying Senior Citizens Who Are Long-Term Residents To Be
AppliedTo Miliage RatesEevied:ByThe City.Qf Miami Beach-,Requiring-Defivery Of Ordinance
To The Miami-Dade-County Prop"..Appraiser.
Inquiries may be directed to-the FinanceDepartmentzt(305).673-7456.
INTERESTED PARTIES are invited to appear at this meeting,or-be-represented byan-agent,
or to express their viewts in writing addressed to the City Commission,clo the City Cleric,
1700 Convention Center Drive, 1st Floor;City Hall,Miami Beach; Florida 33139. Copies
of these items are available for public inspection during:normal business hours in the
.City Clerks s:Office, 1700. Convention Center Drive, 1st Floor, City Hall, Miami Beach,
Florida-33139.This meeting may be continued.and under such circumstances additional
legal notice will.not•be provided. 1
Rafael E.Granado..City Clerk
City of Miami Beach
Pursuant to Section 286.0105;Ra.Star.the City hereby advises the public that-if a person•
decides to.appeal any decision made by the City Commission with respe`t to any.matter
considered-at its meetirig or its hearing,such person must ensure'tttata verbatim record of
tfie proceedings is made,which record includes the.testimony and evidence upon which the
appeal is:to be-base-d.This notice does not constitute consent.by the:City for the introduction or
admission of otherwise inadmissible or irrelevant evidence,.nor does it authorize challenges or
appeals not otherwise allowed by law.
To request this material in accessible format sign language-interpreters, information on
access for persons with disabilities;,and/or any accommodation to review any document
or participate in any tity-sponsored proceeding,please contact us five days in advance at
(305)673:-7411(voice)or TTY users may also call.the Florida Relay Service at 711.
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