2013-3814 Ordinance ORDINANCE NO. 2013-3814
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY DELETING THE
NIGHTCLUB FEE SET FORTH IN SECTION 102.379, ENTITLED "SCHEDULE
OF TAXES, EFFECTIVE OCTOBER 1, 2009"; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the current fines for fire violations have not been modified
since the.inception of the fines in 1997; and
WHEREAS, the current fines for overcrowding conditions and locked
exits are very low and have not proven'to be a deterrent or to.warrant corrective action
from the business owners; the Fire Marshal's office has issued ten (10) locked exit
tickets and nine (9) overcrowding tickets during' night inspections within the calendar,
year 2012, which indicates that the current fines have not been a deterrent for violators;
and
WHEREAS, the horrific fires in nightclubs in the United States (Rhode.
Island 2003)-and other countries (Brazil 2013),where several hundred people died, are
an indication that more stringent enforcement is warranted to prevent a similar
occurrence in the City of Miami Beach; and
WHEREAS, other infractions of quality of life issues in the City carry a
higher fine than the fire .code violations. of overcrowding and locked exits which can
result in severe injury or death; and
WHEREAS, the cost of performing night inspections can be offset
partially by the higher fines and increasing the night inspection fee; and
WHEREAS, the nightclub inspection fee adopted under Section 102.379
of the City Code will be included in Chapter 50, "Fire Prevention and Protection", of the
Code of the City of Miami Beach, and thus should be deleted from Section 102.379.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 102.379 of Chapter 102, entitled "Taxation," is hereby
amended as follows:
Sec. 102-379. Schedule of taxes, effective October 1, 2009'.
(a) Business taxes for the following businesses, occupations or professions are
hereby levied and imposed as follows:
Occupation Business Tax Category Amount
Code
A
95000200 Accountant, auditor.; requires state license 221.00
D
Dance hall/entertainment establishment; (for entertainment
establishments without dancing, see entertainment establishments);
95005800 1. Dance hall/entertainment establishment without alcohol (see Sec. 1,088.00
142-1362 b for after hours dance halls
95005805 2. Dance hall/entertainment establishment with alcohol 191.00
03005925 $3.09
9f$3.00 P9F,P9F6GR GGGWPaRt lead, based UPOR .
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict therewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause, provision or phase of this ordinance is held
to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 4. 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 a part
of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and that the word "ordinance"
may be changed to "section', "article", or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 10th day of October .1 2013.
PASSED and ADOPTED this 30th day of September , 2013.
Matti Herrera Bower
...:... �• MAYOR
ATTEST:
Rafael Granado INCORP JORATECI 41
CITY CLERK 4;. is !� APPROVED AS TO
• �'-. ? _`'� -, FORM &LANGUAGE
Underline denotes additions; StFikethFough denotes de le
C ' .�
, . &FOR EXECUTION
TA\AGENDA\2013\september 11\Fire Nightclub Fee Deletion r, :din'ance.doc
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