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Ordinance 88-2625 ORDINANCE NO. 88-2625 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE I AND II OF CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI BEACH; PROVIDING FOR AN INCREASE IN BUSINESS LICENSE FEES; PROVIDING FOR TRANSFERABILITY OF BUSINESS LICENSES FOR INDIVIDUAL BUSINESSES WITHIN FIFTEEN DAYS OF BONAFIDE SALE OR TRANSFER OF INDIVIDUAL BUSINESSES; PROVIDING FOR GROUNDS FOR DENIAL OF BUSINESS LICENSE UPON FAILURE OF APPLICANT TO OBTAIN THE REQUIRED BOND AND INSURANCE, DELETING THOSE PORTIONS OF SECTION 20-15 REGARDING THE SALE AND REGULATION OF FIREARMS WHICH DO NOT COMPLY WITH THE APPLICABLE STATE LAW; PROVIDING THAT ALL MEDICAL PERSONNEL PROFESSIONALLY AFFILIATED WITH ANY HOSPITALS, NURSING HOMES, ACLF'S, CLINICS AND OTHER BUSINESS ESTABLISHMENTS OR WHO ARE ON PRIVATE DUTY SHALL OBTAIN AN OCCUPATIONAL LICENSE; DELETING CERTAIN PHYSICAL, STRUCTURAL, MAINTENANCE AND LANDSCAPING REQUIREMENTS FOR PARKING LOTS AS OUTLINED IN SECTION 20-19; PROVIDING THAT ALL LICENSE FEES ARE DUE AND PAYABLE ON OCTOBER 1ST OF EACH YEAR; PROVIDING FOR A DELINQUENCY PENALTY OF TEN PERCENT FOR THE MONTH OF OCTOBER AND AN ADDITIONAL FIVE PERCENT FOR EACH ADDITIONAL MONTH OF DELINQUENCY; PROVIDING FOR AUTOMATIC REVOCATION DUE TO LAPSE OF THE REQUIRED INSURANCE; PROVIDING FOR AUTOMATIC REVOCATION DUE TO CANCELLATION OF THE REQUIRED BOND; PROVIDING FOR IMPOSITION OF A LIEN FOR PAST DUE BUSINESS LICENSE FEES AND PENALTIES FOR THE OPERATION OF RESIDENTIAL COMMERCIAL PROPERTIES; PROVIDING FOR ADDITIONAL GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSES AND PERMITS; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 That Article I and II of Chapter 20 of the Code of the City of Miami Beach is hereby amended to read as follows: ARTICLE I. BUSINESS LICENSES. A. GENERAL PROVISIONS. Sec. 20-1. Business licenses required. No person shall engage in any business within the City of Miami Beach for which a license is required by this article unless a city license has been procured from the f-iaanee 4iFeeteF City Manager or his designee as provided below. (Ord. No. 82- 2316, %1.). Sec. 20-2. Application of other laws. A business license issued under this article does not waive or supersede other city laws, does not constitute city approval of any particular business activity, and does not excuse the licensee from all other laws applicable to the licensee's business. All licenses and application materials prepared under this article shall so state. Neither the payment of a license fee nor the procurement of a license under this article shall authorize or legalize in any manner a licensee's violation of city, county, state or federal law. Issuance of a license hereunder shall not constitute city authorization or approval of a specific manner of business activity. (Ord. No. 82-2316, §l.) Sec. 20-3. Duration and expiration date; transferability. Each license shall be valid for one year and shall be issued on October first of each year and shall expire on September thirtieth of the following year. A business license may be transferred with the business within 15 days of a bona fide sale or transfer of said business but shall be valid only for the period for which it was originally issued. If the transfer is not transacted within 15 days of the bona fide sale or lease then the complete annual payment is due. feF wbieh it was takes eut when theFe is a bona fide sale and tiaasfeF of the basinessy but si€h tFansfeE e€ iieense shall be valid eniy f9F the per ed feE whish i4 was eF-igiaal4y issdedT A business license may be transferred to another location within the City of Miami 'Beach in the event of relocation of the licensed business. However, in the event of any such transfer of a license either through sale or relocation of a business, the original license must be submitted to the finan€e di4eeteF City Manager or his designee with a transfer fee of ten three dollars and a zoning fee of ten dollars. The finanee diFeeteF City Manager or his designee shall make a note on the license of the transfer and the new location or new owner, as the case may be, and shall also require the transfer to disclose all the information concerning the new owner or location which would otherwise be required by this article of a new applicant for the license. Any residential unit transferring their license to new ownership, must submit a copy of the recorded deed, the previous license, and a new application to complete a transfer of ownership. (Ord. No. 82-2316, %l.) Sec. 20-4. Pro rata payment; refund; existing license. All licenses shall be payable on or before the first day of October of each year. No license shall be issued for any fractional portion of the year; provided, however, that those persons operating businesses or occupations covered by this chapter who establish permanent places of business in the,city after May 1 may obtain a license for the remaining portion of the fiscal year upon the payment of one-half of the license fee required by this article. No refund of fees shall be granted. (Ord. No. 82-2316, §l; Ord. No. 84-2435, §l.) Sec. 20-5. Cumulative effect of article. Fees paid under this article are not in lieu of other fees and taxes required by other city departments, boards, commissions or officers for permits, registration, examination, inspection or other regulatory purposes. The provisions of this article are cumulative and in addition to all other federal, state, county and municipal laws providing for the collection of taxes, licenses and permit fees and charges. (Ord. No. 82-2316,§1.) Sec. 20-6. Business limited by licenses. No business licensed to do a particular type of business shall engage in any other business subject to licensing under this article unless a separate license is acquired for that purpose. Violation of this section shall be subject to all administrative, civil and criminal penalties authorized under this chapter. (Ord. No. 82-2316, §l.) Sec. 20-7. Posting. Any person conducting a business for which a license is required by this article shall post his license in a conspicuous place in or about his place of business where it may be seen upon inspection by any official of the city. For his failure to do so, he shall, upon conviction, be fined or imprisoned, or both, as if he had never procured such license. (Ord. No. 82-2316, §l.) Sec. 20-8. Convention Center activities exempt. All business activities at the The Stephen Muss Convention Center Miami Beach Eenventien EenteF and the Jackie Gleason Theater of the Performing Arts shall be exempt from the licensing requirement under this article. (Ord. No. 82-2316, §l.) Sec. 20-9. Personal responsibility and liability of officers and agents. (a) The license division shall endeavor to notify all licensees that their licenses are due for renewal. However, in the event that the licensee does not receive a renewal notification the licensee is responsible to renew the license prior to October first to avoid delinquent charges. 2 (b) In the event any business or firm fails to obtain a business license required by this article, the manager, chief executive and sales agent of the business shall each, jointly and severally, be required to take out a license on behalf of the business. It shall be the duty of all officers of a corporation engaged in business in the City of Miami Beach to see that such corporation complies with the provisions of this chapter, and they shall each personally be subject to the penalties imposed by this chapter for failure of a corporation to comply with the requirements of the chapter. All corporate officers applying for a business license on behalf of a corporation shall be given written notice that they are personally liable for the corporation's compliance with this chapter, and shall in addition be required to execute the application materials in their individual capacities. (Ord. No. 82-2316, %l.) B. APPLICATION PROCEDURES GENERALLY. Sec. 20-10. Application procedures; grounds for denial. (a) Procedures for issuance. No license shall be issued or granted to any person to engage in any business named, identified or encompassed by this article unless an application is filed with the dlFeeteF el fiRatee City Manager or his designee on forms provided for that purpose, disclosing the following: (1) The applicant's name and addres , the name of the business for which a license is sought, the name and address of the owner and manager of the business, and if a corporation, the names and addresses of each of its corporate officers and its resident agent, the type or classification of business for which the application pertains and the relationship of the applicant to said business, and the location in the city where the business will be operated. (2) When necessary for determining the proper license fee under this article, the area, capacity, capital invested, merchandise or property contained within the business, the stock carried, number of persons or things employed or engaged, the quantity, property or stock value or such other information as may be required by this article for purposes of determining the proper license fee. It shall be the duty of the €1RaRee difeeteE, City Manager or his designee before issuing a license requiring disclosure of such data to require the person applying for such license to file under oath a statement disclosing such data, which statement shall be kept permanently on file, and which statement shall promptly be amended by the licensee as the circumstances of the business change. (3) If the applicant is a corporation or partnership, the full name of the corporation or partnership and the state of incorporation. (4) If the business is a corporation and is to be conducted under another name, the business name and county of registration under 865.09, Florida Statutes. (5) Whether any of the individuals listed on the application has had his license, or the license of any business in which he had substantial control or ownership interests, revoked or suspended under this or other similar laws. (6) The application shall contain a section designated "emergency locator". The applicant shall fill out as part of the license application the names, business and resident addresses and resident and business phone numbers of the owner or owners, and the manager or other persons to be notified in case of fire or other emergencies. Any changes in such information during the period for which the license is issued shall be made to the f1haRee diFeeteF, City Manager or his designee, in writing. (7)The applieatiela €$F any establlshmeet at which aleehelie beveFages aFe sewed spall eeetaia a eeFtifieate to be sighed by the appl.eaet statlhg that all PegdlFerAeRts e€ this ehaptet and etheF city eid1RaRees and state laws geveFeieg seeh busieesses have beep mete (8) (7) All applications and licenses shall be assigned a number, which may be an individual's social security number and a corporation's federal tax number, or such other uniform method of numbering selected by the 11haRee deeteF City Manager or his designee with the advice of the director of management information systems. 3 49} (8) The application form shall contain the following language: "The undersigned has carefully reviewed this application and all information contained herein has been freely and voluntarily provided, and all the facts, figures, statements contained in this application are true and correct". (1A} (9) The applicant shall print and sign his name to the applications immediately after the above-quoted statement. In the case of a corporation, an officer shall be required to sign the application in his individual capacity and not solely as a corporate agent, and shall be advised of the provisions of section 20-9 of this article. 01) The e€Edpa#+eAal pease shall be sighed by the Eby employee issaiag the same: (b) Grounds for denial. Any person whose application for a business license has been denied may seek a hearing under section 20-29 of this chapter. An application for an occupational license under this article may be denied on the following grounds: (1) That the applicant has failed to disclose or misrepresented information required by this article in the application. (2) That the applicant currently has a license under suspension or revocation. Whenever any business license has been suspended or revoked by the city for any cause whatsoever, no subsequent business license for a similar business shall be issued by the city to the person or persons whose business license has been revoked or suspended. (3) That the applicant desiring to epgage in the business as described in the application has selected a proposed site or type of business activity which conflicts with the zoning or other laws of the city. (Ord. No. 82- 2316, %1.) (4) That the applicant fails to obtain a bond at the limits required of his business. (5) That the applicant fails to obtain insurance at the limits required of his business. C. FEES GENERALLY. Sec. 20-11. Schedule of fees. License tax fees for the following businesses, occupations or professions are hereby levied and imposed as follows: A (1) ABSTRACT, land title warranty or security companies $ 133:9A 166.25 (2) ACCOUNTANTS AND AUDITORS 148,75 185.94 (3) ACUPUNCTURIST .. 164.06 2,0 (4) ADULT CONGREGATE LIVING FACILITY (a) First ten Feems..Beds 150.00 (b) Each additional Feem..Bed 5.00 43; (5) ADVERTISING (a) All kinds 131,23 $164.06 (b) Commercial, on theatre screens 285:AA $356.25 44} (6) AGENT, bureau, brokers, operators or dealers of all kinds, including commercial, insurance, real estate, loans, claims, transportation, manufacturer or any other kind of business or occupation except pawnbrokers, for each class of business handled, etc. (a) each firm 131,25 $164.06 for each individual connected therewith as salesman 52:59 $65.63 4 (4A) (7) ALCOHOLIC BEVERAGE VENDOR LICENSE FEES (REGULATORY) (a)EstabtrshmeRts selling beer and wine feF eemsureptieR en premises (Re feed) 190:99 03) (a) Establishments selling beer, wine and/or liquor for consumption on premises, after 12199 Midnight until 549 ATM: open after Midnight and closing no later than 2 a.m 759:99 $937.50 (e) (b) Extra-hour establishments selling beer, wine and/or liquor for consumption on premises, after 12+90 Midnight antil 5199 ATM: open after 2 a.m. and closing no later than 5 a.m 2599:99 $3,125.00 (8) ALTERATIONS, each shop $142. 19 (a) In another shop $65.63 (5) AMUSEMENT PARKS: Operation of permanently leeated amusement parks within whieh are leeated and operated merry-ge-Founds; Feller eeasters and ether exhibitions and peFfeFreanees eF ether forms of diveFsieR and amuse- ment permanently eaFFied es in sueh parksf provided that this shall net be eeRstFued to apply to persons epeF- atiRg bathing easiRes eF pavtlieRs where guests are per- mitted te use swings eF ether deviees without eharge; and provided further; that this shall Rot apply te any peFseR eF asseeiatieR heldiRg a eity eF eeuRty fair where Re ehaFge is made to persons visiting sueh plaees and where Re privileges are sold to ethers 49F the epeF- atieR of shops eF farms of amusement thereiR...., 1940:00 (b) ANALYTICAL CH€MISTS 131:25 47) (9) APARTMENT HOUSES (a) Containing three or more apartment units shall pay the following minimum fee (covering first fifteen rooms) 43:75 $54.69 (b) For each additional room over fifteen, counting every room that can be leased or rented, not including kitchens and bathrooms .. ..... 3:26 $4.70 (10) APPRAISER $164.06 (11) ARCADE $164.06 kg) (12) ARCHITECTS 448:75 $185.94 49} (13) ARMORED CAR SERVICE 148:75 $185.94 (19) (14) ARMS, including ammunition and pistols, Bowie knives, slingshots, Springfield and repeating rifles and guns. (a) Dealers in, alone or in connection with any other business. 300:99 375.00 07) Employee 62.50 (c) Starting guns, tear gas weapons, BB guns and gas guns 399:99 375.00 (1I4 (15) ARTISTS, including retouching, sketching, cartooning, crayon or ferrotype or other similar line .. 113:25 $142. 19 (12) (16) ATTORNEYS 148:75 $185.94 (13) AucTf©NEERS (a) Where goods; wares and merehandise are sold at auetieR by the ewer agent; auetieneeF of other peFseR withiR the limits of the eityy there shall be a lieense fee of 7T .3123:99 (-Previsions of ehapteF 19 of this Cede te be eemplied with) (b} Who sell real estate withiR eF without the eity limits at auetien and who advertise sueh sales iR newspapers; plaeards; pesters of otherwise le the eityy per day 937:99 5 (14) (17) AUTOMOBILE (a) Painting 225:99 $281 .25 (b) Renting business; provided that automobiles rented with drivers shall he subject to same regulations as are speci- fied in sections 42-1 to 42-24 of this Code 937:99 $1171 .25 (1313) (c) For each automobile rental sub-agency (no cars on location) in hotels having one hundred rooms 399:99 $375.00 (he) (d) For each automobile rental sub-agency (no cars on location) in hotels having more than one hundred rooms, the sum specified in paragraph (bb) hereinabove and for each additional one hundred rooms or part thereof, an additional 43:75 $54.69 (lad) (e) For each automobile rental sub-agency (no cars on location) in business districts, as defined by Ordinance No. 1891, for each sub-agency 399:99 $375.00 (e) (f) Wash racks, not in connection with a garage or filling station 43:75 $54.69 (g) Wash racks, in connection with a garage or filling station 125.00 (h) Dealer (new cars) 262:99 327.50 (i) Broker (no vehicles on premises) 164.06 (15) (18)AUTOMOBILE FOR HIRE, except sightseeing buses and then only after complying with sections 42-1 to 42-24 of this Code, (a) Per auto 206:99 $257.50 (b) Private school and nursery buses, per bus 131:25 $164.06 (15:1)(19)AUTOMOBILE SHIPPERS 399:99 $375.00 (16) AUTOMATIC COIN GAMES (See MaFble; Masle eF PletuFe (17) AUTOMATIC COIN-OPERATED bADNDRY WASHING MACHINE DISTRIBUTOR; wheFe maehlRes aFe Ret use 1a eeRReetteR with 1leeRsed lauRdFyu.: 175:99 Eaeh maeb+Re:: 3:76 AUTOMATIC COIN-OPERATED bAUNDRY WASHING MACHINES; Ret etheFwlse 14eeRsed; upeR peFseRs malRta+R+Rg the same; eF the pFepeFteteF theFeel; Eaeh maeh+Re, 3:76 AUTOMATIC COIN-OPERATED CLOTHES DRIERS; Ret etheFwise lteeesed; eF the epeFateF theFee1; wheFe maehiRes aFe Ret used 1R eenneetl9R with lleeased lauidFy; Eaeb maehiRe 3:76 B (18} '3AGATEbbE TABbES (See 13tlliaFds) (19) (20) BAGGAGE AND TRANSFER BUSINESS 187:99 $233.75 (21) BAIL BONDS $164.06 (29) (22) BAKERY, wholesale (a) Employing five persons or less 79:99 $87.50 (b) Employing more than five and not over twenty-five persons 137:59 $196.88 (c) Employing over twenty-five persons ... 195:99 $243.75 (d) For any retail sales, a separate license is required. 6 4214 BAKERY GOODS MARKET (RETAIL)OR DEPARTMENT; within the meaning ef this seetten sba44 be eenstrued as any p4aee ef business where bakery geeds ape said at Fetal when the maximum value ef steek 91 geeds eaFFied lees net exeeed $13999:99 shal4 pay a fee $fsss 113:75 PFaettena-1 part thereof 26:25 (22) BAbbRflflMS (See Deride 14a44s) 422:14(23)BARBECUE CwICKENS, MACHINES in connection with other businesses 43:75 $54.69 (23) (24) BARBERSHOPS, with or without manicurist and beetle-eek shoe shine stands, each shop 1.31:25 $164.06 (a)For each individual barber $65.63 424 (25) BATHS, Turkish, mineral, sun or similar 131:25 $164.06 (24:1) (26) BEACHFRONT CONCESSION OPERATIONS (a) per activity per location 365.00 (Ord. No. 83-2353 Section 1) (25) BEAUTY OPERATORS; ITINERANT 606:90 (26) (27) BEAUTY PARLORS, hairdressing, facial massage manicuring, etc., each shop 431:25 $164.06 (a) For each individual beautician $65.63 427) (28) BICYCLES, rent and repair 1.31:25 $164.06 A merchant's license is required for the sale of any merchandise. 428) (29) BILLIARD OR POOL TABLES, persons maintaining same for profit directly or indirectly, or the proprietor thereof, each table 79799 $87.50 (30) BINGO EXEMPT (29) BbACKSMI-THS:....fro sr.r.et 87:59 (29:1) (31) BOARDINGHOUSES, as defined in section 17-1 of this code (a) For the first 15 rooms 4f9:69 $138.36 (b) For each additional room over 15 4:81 $6.01 430 (32) BOAT LIVERY (a) Renting not over 8 boats 225:90 $281.25 (b) For each additional 5 boats or fractional portion thereof 43:75 $54.69 (33) (b) BOAT OR SURFBOARD RENTALS, as an accessory use in hotels of 100 or more rooms, under Ordinance No. 1391, (a)Renting not over 8 units (boats and/or surfboards) 475:99 $218.75 tFor each additional 5 units (boats and/or surfboards) 43:75 $54.69 4314 (34) BOATS AND SHIPS (All Charter Boats will require a Captain with appropriate marine licenses.) (a) Storage basins and sheds 375:99 $468.75 (b) Sightseeing or excursion 375:99 $468,75 (c) Any commercial craft carrying passengers for hire or charter parties (not otherwise covered by this subsection), per boat 52:59 65.63 (d) For charter, per boat 52:59 65.63 (e) Towing and lightering 1.31:25 164.06 (f) Yards and ways, doing repair work 309:99 375.00 (g) Commercial dock 77:53 96.91 (h) Boat Slips 43:75 54.69 (i) Boat Docks, per lineal foot .... 2:63 3.29 7 (32) BOOK BINDERY (a) ER-11343044g five peFsens eF less. : 70:90 (13)EmpleyiRg mere thaR five and Ret ever tweRty-five peFseRs : : 157:59 (€)Empleying ever twenty-five pePseR..:..- 195:90 (33) BOOT AND SHOE REPAIR SHOP:: 113:75 (34) BOOTBLACK STANDS; Ret in eeRReetien with baFbeFshep; shoe repair shep OF ether plaee of busiRess; each chairs::.: 7:09 (3.5) BOWLING ALLEYS, or box ball alleys, per alley 43:75 $54.59 (36) BOX BALL ALLEYS:(See BewliRg Alleys) (37) BRICK MAKERS (a)EmpleyiRg five persess OF less 70:99 4154 EmpleyiRg mere thaR five and Ret ever tweRty-five perseRs 157:50 (e) Fmpleying ever tweRty-five perseRs 195:99 (38) (36) BUILDING AND LOAN ASSOCIATIONS; MORTGAGE COMPANIES; SAVINGS AND LOAN ASSOCIATIONS; BANKS CHARTERED BY THE STATE OF FLORIDA OR THE UNITED STATES OF AMERICA, AND EACH BRANCH THEREOF 450:99 $562.50 C (39) (37) CABANAS, each 6:65 $8.31 (40) Repealed by OFd: Ne: 81-2245 (41) CABINET MAKERS SHOP (a)Empleying five persens eF less 79:00 (h) FmpleyiRg mere thaR five and Ret ever tweRty-five perseRs :.:: 157:59 (e) FmpleyiRg ever tweRty-five persens 195:99 (42) CANDY AND CONFECTIONERY MAKERS (a) FmpleyiRg live persons eF less 79:90 (ta)EmpleyiRg mere thaR five and Ret ever tweRty-five peFseRs :.r : 157:59 (€) FmpleyiRg ever tweRty-five peF5ORS : 195:99 (43) CANNING FACTORIES; CANNING FRUITS; FISH; MOLASSES;SYRUP OR VEGETABLES; ETC: (a) EmpleyiRg five perseRs eF less....: 79:00 (b) EmpleyiRg mare thaR five and Rat ever tweRty-five persons : 157:59 (e)EmpleyiRg ever tweRty-five perseRs r.:: . 195:99 (44) CANVASSERS;ITINERANT SOLICITORS; eF ether perseRs whip selieit girders eF sell by sample eF etherwiset geeds; wares OF meFehandise at retail..:...: 812:90 PFevided; however; that before aRy license shall be issued te aRy canvasser; itiReraRt selieitei OF ether peFseR Ramed abeve; a permit thereleF must be secured from the City MaRager-; applleatieR theFeleF having been made at least thirty days prier te the graRtiRg ef sueh permit: It is hereby made the duty e1 the City Manager te iRvestigate all applieatieRs thereler; and if the City MaRager is satisfied that the applieaRt is e1 geed mewl eharacteF and iR a legitimate busiRess and that the welfare ef the eity will Ret be j.eepaFdized by the issuaRee ef such lieeRse; he shall gFaRt the permit; etheFwise he shall Ret: 8 444:1) (38) CARDROOMS, INCLUDING BUT NOT LIMITED TO BRIDGE 1487:99 $1438.75 445) CARD WRITING; CUTTING OR ENGRAVING:.(:...: 26:25 446) CARPENTER SHOPS (a)€mpleying five peFS9RS 9F fess 79:99 (4).€mp4eying mere than five and net ever twenty-five peFsens: 157:59 (€)€mp4eying ever twenty-five persons 195:99 447) (39) CARPET AND RUG CLEANING (See Rug Cleaning) ... $185.94 (40) CASTING OFFICE $164.06 448) (41) CATERERS 187:99 $233.75 (a) Caterers operating mobile unit designed and intended solely for the purpose of vending from such mobile unit sandwiches, pastries, candy, beverages, soft drinks and like items, to workmen on construction sites, city shops and yards each mobile unit .... 292:99 $252.50 Provided, however, that no such mobile unit shall be operated on any construction site unless a permit therefor is secured from the City Manager, application therefor having been made at least fifteen days prior to the granting of such permit. It is hereby made the duty of the City Manager to investigate all applications therefor, and the City Manager shall issue such permit only after finding that the public convenience and necessity requires the issuance of such permit, and that the operation of such mobile unit shall not obstruct the public way or create any hazardous condition thereon. Provided, further, that only one such permit shall be issued for each construction site. (42) CHECK CASHING OFFICE $164.06 (43) CHEMISTS $164.06 449) (44) CHIROPODIST 1.48:75 $185.94 459) (45) CHIROPRACTORS 148:75 $185.94 451) CHRISTIAN SCI€NC€ OR OTHER HEALERS; PRACTIONERS; ADVISORS OR CONSULTANTS 148:75 (46) CONSULTANTS, ADVISORS AND PRACTIONERS $185.94 452) CIRCUS (a)Any perfermanee ef shew given under eanvas eF tent; except degs 9F tFafned animal exhlbltlan; few pieftt; eaeh perfermanee : 1239:99 (4} Pei eaeh parade thFeagh the streets when performanee Is given euts}de elty f}mfts..: 373:99 453) CIVIL €N6lN€€RS:.::.::: 148:75 (47) CLERICAL OFFICE $164.06 (a) Mail order, requires bond. (48) CLINIC $250.00 9 MIAMI BEACH CITY CODE BUSINESS LICENSES (53:1} (49) CLOSING-OUT SALES (30 days) 399:99 600.00 (a) Additional 15 days 399:99 375.00 PFevided; hewever; open preper pF88f te the sat sfaetien ef the eityls finance diFeeteF that the permittee has in fact permanently closed his business; such license fee AF fees shall be re- funded te the permittee: Once issued said license shall be good for a period of thirty (30) days. An additional three hundred and seventy-five dollars fee shall be paid for an additional fifteen(15) day period. Upon proof to the satisfaction ofthe City Manager or his designee that the licensee has permanently closed his business, an amount not to exceed three hundred dollars shall be refunded to the licensee. (50) COIN DEALER $164.06 450 (51) COIN-OPERATED MERCHANDISE OR SERVICE VENDING MACHINES, except machines vending newspapers, drinking cups or postage stamps, not otherwise provided for herein: Each 4 machine, 7:79 Each 20. thru 15Y machine 14:99 (a) Distributor, coin-operated machines218.75 (b) Each 1c thru 25 machine $17.50 Each machine 160 and ever 21:99 (c) Each machine 25 and over $26.25 Provided, further, that any person placing and main- taining any coin-operated newspaper vending machine or device in any public place shall procure and file with the finance direeter City Manager or his designee a liability insurance policy insuring such person for injury to the public caused by such machines in the sum of ten thousand dollars property damage in any one accident. 155} CObD DRINK STAND; whetter eperated in connection with any ether business eF nets- such as cold drink stands in €illfng statiens; greeery steres; eter 26:25 (52) COLLECTION AGENCY $164.06 450 CONCRETE OR CEMENT MANUFACTURERS ef artificial scene; briek7 cement Meeks; pests; Ornaments; vases eF ether articles ef similar nature: (a) Empleying five persens 9F less 79:99 (- j Empleying mere than fi-ve and net ever twenty-five persens 157:59 (€) Empleying ever twenty-five persens 195:99 (53) CONVENTION SERVICE BUREAU $164.06 457) Deleted: 10 MIAMI BEACH CITY CODE BUSINESS LICENSES (58) CORN; RENO; FORTUNE eF stmi4aF games with staAd+Rg of seating eapaefty aeeemmedatfhg 73 eF less patFehsm 2187:99 The same aeeemmedatiRg eveF 75 patFehs sha4 pay ah additieha4 fee as thdteated heFeiR €eF eaeh addttieha4 patFeR aeeemmedated: A14 lieehses €eF keRe; €eFtuhe AF s4mi4aF games sRb}eet to the appFeva4 of the eity eedReil s 87:39 (54) COUNSELOR, MARRIAGE, ETC., $185.94 458:1) COUNTER hUNCH BAR 4se441ng peandts3 wFapped petate ehtps; het degs; het eenstdeFed a beha fide FestawFaRt) 43:73 (55) COURT REPORTER $164.06 (56) CREDIT BUREAU ... $164.06 (57) CURRENCY EXCHANGE $164.06 D 439) (58) DANCE HALLS AND BALLROOMS, public, each dance hall or ballroom 750:99 $937.50 460) DECORATIVE ARTS; POTTERY; CHINA; VASES; ORNAMENTAb IRON; GbASS AND TibE ORNAMENTS 4See McFehaRts) 460 Deleted: 461:0 DEbICATESSEN WheFe steek of goods does Ret exeeed $1;909:99. 195:99 POF eaeh additional $1:000:00 of stook eaFFied OF fFaetiiehal paFt theFee€ 17:39 462) (59) DENTISTS 148:73 $185.94 463) (60) DETECTIVES, including civil, commercial, corporation, criminal, industrial, insurance, railroad and other similar investigators 148:73 $185.94 464) (61) DIETICIANS 148:75 $185.94 463} (62) DOCTORS, PHARMACIST, PHYSICIANS, ETC 148:75 $185.94 (63) DOCTORS, HOSPITAL STAFF $100.00 (64) DOCTORS, PHYSICIANS ASSISTANTS $52.50 466) DOG OR OTHER TRAINED ANIMAb EXHIBITI.ON: eaeh paFade wheFe peF€eFinaRee is given outside eity limtte 148:75 467) (65) DOG GROOMING OR SMALL ANIMAL CLINIC 148:75 $185.94 468) DOG RACING OR TRAINED AN4MAb EXHIBITION; eaeh day :... 87:50 11 revised 7/22/88 MIAMI BEACH CITY CODE BUSINESS LICENSES (69} DOORS;SASHES; AND BLINDS; makers eF rnanefaetiFess ef+ (a) Empieying five pessens e+ less 79T88 (b) Empleying rneFe than five eF net eveF twenty-five pessenss..s r...r 157:59 (E}Empieying eves twenty-five pessens.s 195:98 (69:1} PRI-YEWS LICENSE (See FeF Mise AHtemebile Driver's Lieense}s (79} DRY CLEANING (See baendsies and LadndPy Agencies and Dry Cleaners and DFy Cleaning Ageneies}s E (71} (66) ELECTRIC LIGHT COMPANIES , 7906.00 (72} ELECTRICAL ENGINEERS ss....s 148:75 (73} (67) ELECTROLOGISTS 148:75 $185.94 (68) EMPLOYMENT AGENCY, bond required ... $164.06 (a) Escort service, bond required $164.06 (69) ENGINEERS,ALL $185.94 474) (70) ENGRAVERS 148:75 $185.94 (71) EQUIPMENT RENTAL $164.06 (75} (72) EXPRESS COMPANIES ... 337:99 $421 .25 (76} (73) EXTERMINATORS, insect and vermin 173:99 $218.75 F (77} FACTORIES (a) Empleying five pessens eF less 79:99 (b) Empleying mere than five and net eveF twenty-five pessens..s..ss.s.s 157T59 (E) Empleying eves twenty-five pessenss...s 495T99 (74) FIRE PREVENTION SERVICE $164.06 (77:1} FISH MARKETS 148:75 (78} (75) FLORISTS, subject to the provisions of chapter 35 of this Code 148:75 $185.94 (79} (76) FLOWER STAND, selling cut or potted flowers or plants, subject to the provisions of chapter 35 of this Code.. 413:75 $142.19 (77) FOOD SALES (RETAIL), For the 1st $1,000.00 in inventory $195.00 (a) For each additional $1,000.00 in inventory. $20.00 Each business, if zoning permits, will be allowed to sell any retail food itern,however, all items will be totaled in their inventory assessment. 12 MIAMI BEACH CITY CODE BUSINESS LICENSES (79:1) FOR HIRE AUTO-MOB1b€ 9R1V€RLS LICENSE:::::::: 7:79 (78) FORMAL RENTALS $164.06 489) (79) FORTUNE TELLERS, PALMISTS, HYPNOTISTS, CLAIRVOYANTS, ASTROLOGERS, PHRENOLOGISTS, PHYSIOGNOMISTS, NUMEROLOGISTS, MIND READERS and others of similar nature where not gratuitous or in a night club or as an accessory (a) To the main business 1259:99 $1562.50 (b) Where done gratuitously or where done in a night club or any place or business where it is an accessory to the main business 399:99 $375.00 Provided, that before license is issued to any persons pursuant to the foregoing item, a report must be made by the police department to the effect that the appli- cant has no record of conviction in any case involving a felony, and the application must be accompanied by three or more character references. (81) FOUNDRIES (a)€mpleying five peFsehs OF less 7Q TOG (b)Er gleying mere than five and het ever twenty-five perseh$ r....ss..r.r 157:59 (c) Employing ever twenty-five persehsrr 195:99 482) FROZEN FOODS; at Petah; where het ih eehReetfeR with regularly lieehsed greeery stege; shall pay a fee of...r r 131:25 48 3) FRUIT AND V€G€TABb€ MARKETS OR D€PARTM€NTS; within the meahing of this subseetieR; shall be eeRstrued as any place of basiRess where uhdried fruits and vegetables are sold at retail, when the maximum value of steek of geeds earried does net exceed $599:903. shall pay a fee of 148:75 FeF each additional $1;999:99 of stock earned; OF fraetleRal part thereef:r....r..r..r r 26:25 484) (80) FRUIT, NUT, ETC., PACKING, SHIPPING, whether operated in connection with any other business or not, subject to the provisions of chapter 26 of this Code 195:99 $243.75 485) (81) FUEL DEALERS, BOTTLED GAS, EXCEPT FIRE WOODS ETC. (a) Fuel oil, Teal; cake; etc:; dealers 225:99 $281 .25 (b) Bottled gas dealers 119:69 13 .36 (€) Previded; that nettled gas dealers also sell4Rg FaRges and appl}aRees shall pay ah additional license fee ef..rr...r....r s 195:00 (c) Woodyard dealers $109.38 486) (82) FUNERAL HOMES 468:99 $585.00 487) FURNITURE MAKERS (a)€rmploying five peFSARS OF less 79:99 (b)Employing :mere than five and het ever twenty-five persehsr....r 157:59 (E;Employing over twenty-five peF5OR5 195:99 13 MIAMI BEACH CITY CODE BUSINESS LICENSES G 483 GAMES AND DEVICES; sueh a ball threwing at figures; ball Fellisg3 ease raeks3 dell Faeks3 heap throwing; knife Faeks eF ether games eF devices; operated few • profit; each game eF deviee3 sdb}eet to approval e€ the city eeuneil r::re 195:99 (89) (33) GARAGE public, feF sterage3 washing AF Fepairisg ef adtemebiles3 trueks add ether meter vehieles add automobile painting 195:99 (a) Storage 243.75 (b) Washing 243.75 O. Repair 243.75 In addition, garages or service stations, selling accessories require also a merchant's license. add garages must pay agents license ler eaeb make of car feF which they are autheriaed agents: (89:1) (84) GARBAGE AND TRASH DISPOSAL CONTRACTORS.. 375:99 $468.75 (99} (85) GAS COMPANIES 7906.00 (91} (85) GASOLINE, wholesale dealers or storage of same... 1875:99 $2343,75 (a) PFevided3 heweveF3 that Where only fuel oil not more volatile than diesel oil and not exceeding 15,000 barrels in quantity is stored, a fee of.. 437:99 $546.25 (92) 6ObD3 SIbVER 7R NICKBb Pb ATING (a)Empleying five peFsess eF fess: 79:99 (b) Employing mere than five and net ever twenty-five persens..r :::: 157:59 (e) Empleyisg ever twenty-five peFsens 195:99 (93) (37) GOLF, practice or driving courses 78:75 $98.44 (88) GOLF PRO $164.06 (94) 6RQCERY STORES; within the meaning e€ this seeties shall 13e eenstrued as any plaee e€ business where greeeries and feed pFeduets are seld at retail; set iseludisg usdFied fruits and vegetables; fresh meats; poultry eF pFeeessed meats net is oris; RCF bakery preduets3 exeepting wrapped bread; when the maximum value el steek of geeds eaFried does exceed $13999:99 shall pay a fee ef 195:99 Per each additiesal $13999:99 of steek carried eF fraetienal part theFeef 17:59 (95) HAIRDRESSING (See Beauty ParleFS): (96) (89) HALL FOR HIRE R7:59 $109.38 (97) HARNESS AND SADDbERY (a) Empleyisg five peFsens eF less 79:99 (b)Empleyisg mere than five add set ever twenty-five persons :.n: r 157:59 (e) Empleying ever twenty-five peFsess:..r: 195:99 14 MIAMI BEACH CITY CODE BUSINESS LICENSES (98) (90) HEALERS, MAGNETIC .. 375:99 $468.75 (91) HEALTH CLUB, GYM $164.06 (92) HEALTH MAINTENANCE PLAN $164.06 (98:1) (93) HELIPORTS 375:99 $468.75 (99) (94) HOMEOPATHIC PHYSICIANS 148:75 $185.94 (100) (95) HOTELS containing ten or more guest rooms, for the (a) first fifteen rooms 115:50 $144.38 (b) For each additional room over fifteen 9:63 $12.04 (96) HYPNOTIST AND HYPNOTHERAPIST $164.06 I (191) 10E; makers eF manufacturers of (a) Empleying five peFsens AF less 70:99 414 EmpleyiRg mere than five and net ever twenty-five persens r...r 157:59 (E). Employing ever twenty-five peFseas 195:99 (192) ICE CREAM; makers 9F manufacturers of (a)EmpleyiRg five persens eF less1 79:99 (b) Empleying mere than five and net ever twenty-live persens 157:50 (€) Employing ever twenty-five persons 195:99 (103) ICE; MIbK; WATER AND CITRUS JUICES; Retailing each vehicle1 79:99 (97) IMMIGRATION SERVICES .. $164.06 (98) IMPORT/EXPORT DEALER $164.06 (99) INCOME TAX SERVICE $164.06 (100) INSTALLERS, Floor Covering, Carpet, Tiles, Glass, etc... $164.06 (194) (101) INSURANCE COMPANIES. For the purpose of taxation under this chapter, insurance companies are classified, defined and assessed as follows: Classified and defined 1. Casualty and liability insurance companies, including bonding companies, writing: (a) Accident and health insurance only on an annual, semiannual or quarterly premium paying basis; and (b) Bonds, including fidelity, court, contract and surety bonds and financial guarantees and title insurance guarantees; (c) Burglary insurance, including residence, bank, stocks, bonds and securities, safe burglary, and hold-up and messenger robbery; (d) Liability insurance, including employers, public and other forms of liability insurance and automobile liability 15 MIAMI BEACH CITY CODE BUSINESS LICENSES for personal injury, property damage and collision; (e) Plate glass insurance; (f) Workman's collective insurance issued to employers of labor. 2. Fire insurance companies writing policies of insurance against hazards of fire, tornado and windstorms, use and occupancy, profits, rents, lease-hold, insurrection, riot and civil commotion, sprinkler leakage, rain, fire, theft, automobile collision; marine cargoes, and hulls and rails; mail and express shipments, against fire, collision, stranding or sinking. 3. Industrial insurance companies, including funeral benefit associations or companies, writing life or accident and health insurance and funeral benefits on a weekly, bimonthly or monthly premium paying basis. 4. Life insurance companies writing life insurance with or without disability clauses or accident and health features as part of the policy contract upgn an annual, semiannual or quarterannual premium paying basis. License to be paid by insurance companies. The following licenses shall be required to be paid by each insurance company in the city, permitting the operation of such company in the city with any duly licensed insurance agency as provided herein; provided, there shall be kept on display in a conspicuous place at such agency a permit executed by the f4RaAHe direeteF City Manager or his designee permitting the operation of such company through such agency; and provided further, that such permits as may be requested by a duly licensed insurance company shall be furnished by the finance dire€ter City Manager or his designee without additional cost to such company; a separate license to be required for each separate class of insurance as defined herein as follows: 1. Casualty and liability insurance companies, each company 189:99 $236.25 2. Fire insurance companies, each company 189:99 $236.25 3. Industrial insurance companies and funeral benefit associations or companies, each company ...... 189:99 $236.25 4. Life insurance companies, each company 189:99 $236.25 (102) INSURANCE ADJUSTOR $164.06 (195) (103) INTERIOR DECORATORS, whose business is confined to furnishing curtains, draperies, hangings, furniture, etc., exclusively 148:75 $185.94 (104) INVESTMENT COUNSELOR $164.06 (105) JANITORIAL AND MAID SERVICE (bond required) $185.94 400 3) bbV AND PRESERVES; makers AF manufacturers ef: (a)Employing five persens eF less 79:99 (b)Employing mere than five and net ever twenty-five peFseRc 157:59 4)Employing ever 4weRty-five peFsens 193:99 16 MIAMI BEACH CITY CODE BUSINESS LICENSES 4196:0 (106) JEWELERS, shall be required to pay merchant's license tax determined as follows: (a) \Vhen the maximum value of stock of goods carried does not exceed $1,000.00 87:59 $109.38 (b) Each additional $1,000.00 or fractional part thereof 12:25 $15.31 4E) PFevided; hewever: that the maximum fee shall Ret exeeed 1259:99 4197) JITNEYS; eaeh vehicle r 96:25 K (107) KEY MACHINE $25.00 (108) KOSHER PRODUCTS 172:99 $215.00 Food products, beverages or merchandise which is labeled Kosher; or held out to be, subject,to appreval by the inspection by the City Kesher 1Rspeeter: This license is in addition to any other license required by Sec. 20 of the City Code. L 198)(109) LABORATORIES; LABORATORY, CHEMICAL, DENTAL, OPTICAL OR X-RAY , ETC $218.75 (a) EmpleyiRg five perseRs OF less 131:25 414 Empley+Rg :mere than five and Ret ever twenty-five persons swims 175:99 (-0 >✓rmpley+Rg ever twenty-five 225:99 4199)010) LABORATORY TECHNICIANS Including the taking of blood pressure 148:75 $185.94 4199:0 (111)LAND DEVELOPING COMPANIES 812:99 $1015.00 4119) (112) LANDSCAPE ARCHITECTS, LANDSCAPE CONTRACTORS OR NURSERY MEN .... 148:75 $185.94 4111) (113) LANDSCAPE MAINTENANCE 35:99 $43.75 (112) (114) LAUNDRIES AND LAUNDRY AGENCIES AND DRY CLEANERS AND DRY CLEANING AGENCIES LAUNDRY AND DRY CLEANING IReladiRg pFessiRg and Fag and earpet eleaRiRg:The 1ieeRse fees feF these eeeapatieRs shall be based apeR the velkme ef business as determined by the number of basiRess leeatieRs arid the RHmber ef em- pleyees engaged iR eelleetiRg OF delivering 1aawdry: 1iHeR eF dry eleaAiRg; iReladiFg rags and earpets: 4a) > eE eaeh laHRdFy basiRess leeatieR 225:99 (a) Laundry business where laundry is done on premises, each $281 .25 4h PEW eaeh laHRdFy ageaey leeatieR 79:99 (b) Laundry agency where laundry is done off the premises, each $87.50 (€) Per each dry e4eaRiHg badness 148:75 (c) Dry cleaning business where dry cleaning is done on premises, each $185.94 17 MIAMI BEACH CITY CODE BUSINESS LICENSES (d) FOF each dFy cleaning ageRey leeatieR 79:99 (d) Dry cleaning agency where dry cleaning is done off the premises, each $87.50 (e) F9F each empleyee eAgaged iR collecting OF deliver-iRg laundFy; liReA eF dFy eleaRiRg;iReladiRg Fags and eaFpets 148:75 • (e) Coin-operated laundry business location, each $185.94 ( .} FOE each autematie eein-epeFated faandFy basiAess lecatieR 148:75 (f) Coin-operated laundry equipment distributor218.75 (1) Each machine $4.70 (h) Coin-operated laundry equipment not licensed by one of above listings. (1) Each machine $4.70 (113) LINEN SUPPLY SERVICE (See Towel and LiReR Supply SeFviee). (115) LOCKSMITH $185.94 4114) (116) LUMBER OR BUILDING MATERIAL DEALERS, OR BOTH 225:99 $281 .25 (115) LUMBER AND PLANING MILLS OR MILLWORK (a) Employing five pesseAs 8F less 79:99 (� Emp4eyiRg mere than five and Rot eveF tweRty-live peFseAs....r 157:59 (E} EmpfeyiRg eveF twenty-lave peFseas 195:99 M (ff6) (117) MANUFACTURERS, all etheF products Ret $218.75 to include any processing operation.etheFwise meRtieRed iR this seetieR (a) €employing five peFseAs eF fess 79:99 (h) €mpleying mere than five and Ret eveF twenty-five peFseRs 157:59 (E} Empfeying eveF tweRty-fi-ve peFsens 195:99 (447) (118) MANUFACTURERS REPRESENTATIVE 164.04 (117) MARBLE :MACHINES; SHUFFLEBOARDS; BOWLING ALLEYS: autematie eeiR games eF devices of skill eF etheF similaF maehiRes AF games epeFated feF pFefit: EveFy peFs8R selling;feasiRg eF FeRtiRg eRe OF feFe maFb1e machines; shafflebeaFds; bewfiRg alleys; autematie eeiR games OF devices of skill oP etheF sir ilaF maehiRes OF games epeFated feF pFefit aloRe OF iR eeRReetieR with any etheF business shall as a pFeFegaisite; be FegaiFed to pay a fieeRse fee as fellewst The appfieaRt desiFiRg to sell;lease of reRt eRe OF mere maFble maehiae; shafflebeaFds; bewliRg alleys; autematie eeiR games OF devices of skill of etheF si-mila� machines OF games epeFated feF pFefit aleRe OF iR eeRReetieA with aAy etheF basiRess shall file with the license depaFtmeRt; iR peFs8R if a RataFal peFseR; eF by duly aatheFized ageAt OF efficeF ef the fiFm of eeFpeFatieR a wFitteR applieatiOR feF a 1teeRse to de basiaess iR the city: Sueh lieeRse shall issue to the appl-east and shal4 entitle the 18 MIAMI BEACH CITY CODE BUSINESS LICENSES applieaRt to engage in the selling;leasing; of renting of one of mere machines; shuffleboards; bowling alleys; autematie eoin games of deviees as above deseFibed alone OF iR eeRRbeetfeR with any ether business open the payment of a lieense fee of $ 1259:99 In additieR to the foregoing; there shall be imposed upon marble maehines; shuffleboards; bowling alleys; automatic eein games OF deviees of skill OF other similar maehines OF games operated for profit; sold; leased of rented as aforesaid; a lieense fee as fellewst ka) OR eaeh of the first twenty-five 79:99 kb) OR eaeh of all ever twenty-five: 113:75 Por operating a marble machine; shuffleboard; bowling alley; autematie Eels game OF deviee of skill OF ether similar maehine OF game operated fer profit where the operator theeef is not engaged in the business of selling;leasing eF renting any of sueh instruments; deviees of maehines and where the operator of sueh iRstFumeRt; deviee OF maehine is the owner thereof; there shall be paid a lieense fee of 195:99 Provided; however; that before any sueh marble machine; shuffleboard; bowling alley; automatic eein game OF deviee of skill of other similar maehine OF game operated for profit is se operated OF used; a metal tag feF each of same must be obtained from the finaRee director and must be affixed to the said instrument; device OF machine in a eenspieueus place by the licensee; such tag to be numbered serially and bear such appropriate inseriptien as the finance diFeeteF may designate: Pailure by the licensee to affix OF cause to be affixed such tag to such instrument; device of maehine se licensed shall eenstitute a violation of this chapter: The foregoing previs- ions shall not apply to of cover automatic eein devices vending merchandise only: The previsions hereof shall not be eenstFued to license eF permit the operation of gambling de- vices: (119) MACHINES AND GAMES, MECHANICAL PHONOGRAPHS, CONSOLES, JUKE BOXES, PICTURE-TAKING, RECORD-MAKING, OR OTHER SIMILAR MACHINES. (a) The applicant desiring to sell, lease or rent one or more game machines, shuffleboards, bowling alleys, automatic coin games, mechanical phonographs, consoles, juke boxes, picture-taking, record-making or devices of skill or other similar machines or games operated for profit alone or in connection with any other business shall file with the license division, in person if a natural person,or by duly authorized agent or officer of the firm or corporation a written application for a license to do business in the city. Such license when issued shall entitle the applicant to engage in the selling, leasing, or renting of one or more machines, games or devices as above described alone or in connection with any other business upon the payment of a distributor license fee of .. $600.00 (b) In addition to the foregoing, there shall be imposed upon the above listed machines or games operated for profit, sold, leased or rented as aforesaid, a license fee per machine of $75.00 19 MIAMI BEACH CITY CODE BUSINESS LICENSES (c) For operating device of skill or any other similar machine or game operated for profit where the operator thereof is not engaged in the business of sell- ing, leasing or renting any of such instruments, devices or machines and where the operator of such instrument, device or machine is the owner thereof, there shall be paid for each machine a license fee per machine of $75.00 Game machines of all kinds where operated directly or indirectly for a profit, including all types of machines, electronically or manually operated. Provided that each machine must have placed on it an official Miami Beach sticker, which will expire on the thirtieth day of September each year. It will be the responsibility of all licensees on whose premises a game machine is located to insure that all mach- ines are properly licensed. In the event that someone other than the owner of the premises owns the machine and fails to pay a licpnse fee the owner of the premises will he liable to pay the above mentioned license fee for said machine. In the event a machine owner fails to obtain a license, a violation will be issued providing 30 days within which to correct the matter. Failure to do so may result in the con- fiscation of the machine or machines by the City Manager or his designee. The provisions hereof shall not be construed to license or permit the operation of gambling devices. (120) MARINE APPRAISER, SURVEYOR, TESTING $164.06 1118) (121) MASSEURS 26:25 $32.81 (119) MATTRESS; PILLOWS OR SPRINGS makeFs of manufaetuFeFs of (a) Employing five peFsens eF lesser 79:99 (44 Employing :meFe than five and net eveF twenty-five peFsons 157:59 (E)Employing eveF twenty-five peisens 195:99 41293 MATTRESS RENOVATING 148:75 (121} MEAT MARKETS OR MEAT DEPARTMENTS: within the meaning of this subsection shall be eon- stFued as any place of business wheFe fFesh meats; poultry eF pFeeessed meats net in cans aFe sold at Petah; when the maximum value of stock of goods eaF4ied does not exceed $599:99: shall pay a fee ofm 148:75 For each additional $1;999:99 of stock eaF4ied of ffaetienal oaf theFeof 26:25 (122} MECHANICAL ENGINEERS 148:75 (123) (122) MERCHANTS, all persons engaged in the business of selling merchandise of any kind, sort or description, except as otherwise specifically provided by this section, shall be required to pay a merchant's license tax, determined as follows: When the maximum value of stock el goads eafFied does net exceed $4099:99::::::.: 87:59 (a) First $1,000.00 value of stock of goods or fraction thereof $109.38 (b) For each additional $1,000.00 value of stock of goods or fractional part thereof 12:25 $15.31 The maximum fee depending upon the maximum value of stock of goods eaFFied: 20 x-corrected 11/5/88 MIAMI BEACH CITY CODE BUSINESS LICENSES (124) MERRY-GQ-RQUND; ROLLER COASTER; FERRIS WHEEL; WHIP; DDDG€R; €TCr epeFatien ef a merry-ge-FeJRd; Feller eeaster; ferris wheel; whip; dedgeF; eF ether like er similar ferms e€ amusement where Ret leeated in a regularly f4eeRsed amusement park; feF eaeh seep ferm of amusement 195:99 (125) (123) MESSENGER SERVICE, exclusive of telegrams 79:99 $87.50 (126) MILK; retailing (See lee): (127) MINERAL BATHS (See Baths): (128) MINIATURE QQLP COURSES 148:75 (129) MIRRORS; makers 9F manufaetwweFs ef (a) €mpleying five pessens eF less 79:99 04 Employing mere than five and,Ret ever twenty-five pessent; 137:39 (€) Empleyiig ever twenty-five pessens 195:99 (124) MODEL AGENCY $164.06 (125) MONEY BROKER $164.06 (129:1) (125)MONEY ORDER AGENCIES 43:75 $54.69 (126) MONOGRAM AND SILKSCREEN, RETAIL $164.06 (139) MDSAIC;TERRAZZO AND II-LET makers eF maRefaetuFeFs of (a) €mpleying five pessens eF less 79:99 (t Employing mere than five and net ever twenty-five peFsens ss 137:59 (€) €mpleying eves twenty-five pessens: 195:99 (139:1) (127) MOTION PICTURE RENTAL AGENCY 399:99 $375.00 (139:2) (128) MOTOR SCOOTER RENTAL AGENCY, for (a) The first 20 FeRtal vehicles shall pay a miRimem fee ef:: 225:99 $281 .25 (b) Fes each additional FeRtal vehicle over 20 13:13 $16.41 Provided, that such agency shall be located in such use districts as provided by Zoning Ordinance No. 1891, and provided that all motor scooters shall be stored in locked and roofed-in facilities; and further provided that all motor scooters shall be subject to the insurance require- ments provided for rented automobiles under section 42-22. (131) (129) MOVING PICTURE SHOWS, one screen 759:99937.50 (b) each additional screen $100 .00 (132) MUbTIGRAFINNG (a) Employing five persons eF less 79:99 (b) Empleying mere than five and Ret ever twenty-five pessens 157:59 (E) €mpleying ever twenty-five pessens 195:99 (133) MUSIC; furnished by telepheRe wires::. 437:09 (134) MUSICAL INSTRUMENTS; makers eF mandfaetuFers of (a) €mpleying five peFsens eF less 79:99 (b) Empleying mere than five and net ever twenty-five pessens 157:50 ke) €mpleying ever twenty-five persons 195:99 21 MIAMI BEACH CITY CODE BUSINESS LICENSES 435} MUSICAL INSTRUMENT DEALERS: Separate bieense (See Merehants ler rate): 4363 MUSIC BOXES; MECHANICAL PHONOGRAPHS; CONSOLES; JUKE BOXES OR OTHER SIMILAR MACHINES: Every persen selling;leasing er resting ene eF mere music bexes; mechanical phenegraphs; eea- seles; }like bexes eF ether similar machines alene e� is eeRjuRetien with any ether business shall; as a prerequisite; be required to pay a license fee as fellews: The appl4eaRt desiring te sell;lease 8F rent ase e� mere music bexes; mechanical pheRegraphs3 eeRseles; juke bexes et ether similar maela4Res shall file with the l-teeRse department in perseR;if a natural perseR; 9F by a duly authorized agent el the firm eF eerper- atien a written appl}eatien fer a license te de business in the city: Seep lieense,shall issue te the applicant and shall entitle the applleaRt te engage in the selling;leasing 9F renting e€ music bexes; meehan- ieal phenegraphs; eeRseles;fake bexes eF ether similar machines aleRe eF in eeineetien with any ether business upeR the payment e€ a license fee a mo=, 1;259:99 Is additien te the feregeiRg; there shall be imposed apes music bexes; mechanical pheRegraphs; eenseles; juke bexes; 8F ether similar machines seld;leased eF FeRted as aferesaid-, a license fee as fellaws, OR each el the first twenty-five r 79:99 OR each el all ever twenty-five 113:75 EeF eperating a music bex; mechanical phonograph: eensele;}like bex 9F ether similar machine where the eperater thereef is net engaged in the busi- ness e€ selling:leasing er renting any ef such devices and where the eperater of such device is the ewner thereef; there shall be paid a lieeRse lee el 195:99 PFevided-, hewever; that where such music bex; mechanical phenegraph; eeRsele;}like bex eF ether similar maelaiRe is eperated by eels Feeeiving Female eeRtrel reeerd seleeters; there shall be paid ler each sash temete eeRtFel seleeter unit e� device used in eeAReetieR with sueh music bex; mechanical phenegraph; eeRsele; }like bex er lla� machine an addi4ienal lieense fee el 12:25 Previded-, however; that befere any saeta music bex; mechanical phenegraph; eeRsele;}like bex eF ether similar machine is se eperated eF used; a metal tag ler each el same must be ebtained frem the linaRee direeter and mast be affixed te the instFa- mese 9F maehiRe in a eeRspieueas place by the lieeRsee; sueh tag te be numbered serially and bear such appropriate +RseFlptiea as the finanee dH ee- see may designate: Failure by the lieensee te eF eause te be affixed sada tag te sada iRstFer+eRt eF machine se licensed shall eeRstitute a vielatien el this chapter: N {137} (130) NAPRAPATHS 148:75 $185.94 22 MIAMI BEACH CITY CODE BUSINESS LICENSES (138) NATATORIUM;SWIMMING POObS OR BATHING BUSINESSES 148:75 prevlded; hewevery that RethlRg herelR shall affeet swimming peels; the eperatleA of whteh eemes wlth+R the def Rltlen of "Aeeessery uses" as de€teed IR ZeR+Rg OFdFRaRee Ne: 1891; of the e+ y: (139) (131) NATUROPATHS ... 148:75 $185.94 4140 NEWS DEPOT Ret tR eeRReetfeR with ether bus+Ress 33:25 k149:1) (132)NEWSSTAND-SIDEWALK 43:75 $54.69 441) (133) NEWSPAPERS OR PERIODICALS ......... $150.00 (a) Empleylag five perseis 9F less 79:99 (13) Empleying :mere than five and Ret ever twenty-five perseRc 157:59 (e) EmpleylRg ever twenty-five p.rseis 195:99 (142) Repealed by Ord. No. 81-2245, %1. (143) NOVEbTY WORKS (a) Empley}Rg five perseRs eF less 79:99 (13) EmpleylRg mere than five and Ret ever twenty-five perseas 157:59 (e) Empley}Rg ever twenty-five perseRc 195:99 (134) NURSES REGISTERED, LICENSED PRACTICAL $164.06 (136) NURSES, HOSPITAL STAFF $52.50 1;143=1) (137)NURSING HOMES AND PRIVATE HOSPITALS.... 625:99 $781 .25 0 (137) OCEANOGRAPHIC RESEARCH .. $164.06 (138) OFFICE, other than listed $164.06 E144) (139) OPTICIANS.... 148:75 $185.94 (a) Opticians who sell glasses or other optical aids or any other type of merchandise shall be required to ob- tain a merchants license. 445) (140) OPTOMETRISTS 148:75 $185.94 (a) Optometrists who sell glasses or other optical aids or any other type of merchandise shall be required to obtain a merchants license. 040 Deleted: (141) ORTHODONTISTS $185.94 447) (142) OSTEOPATHS 148=75 $185.94 P (143) PAINT TESTING $164.06 23 MIAMI BEACH CITY CODE BUSINESS LICENSES 4483 PAINT WQRKS (a} Empleying five persehs AF less 79:99 4b3 >✓mpleying mere thea five and Ret ever twenty-five perseas 157:59 (e) €mpleyiag ever twenty-five peFs9Rs 193:99 (144) PAPER HANGER $164.06 (149) PARADES (See CiFeds and see Deg of ©then Trained Animal gxhibitieR}T (1393 (145) PARKING LOTS 148:75 $185.94 (146) PARTY PLANNER $164.06 (147) PATHOLOGIST, ALL $185.94 (131} (148) PAWNBROKERS (a) Pawnbrokers selling other than articles taken on pledge must take out a regular merchant's license. Each person engaged in the business of a pawnbroker or conducting a pawnbroking shop in the city shall keep a record and upon demand shall make a report to the chief of police or his representative of every article or thing pawned to or purchased by him or them. Such record and report shall specify the art- icle or thing, such as number, mark and all other such details as will make identification of such article or such articles or things, clear and positive; such person aforesaid shall hold his shop open to visita- tion or inspection by the police, and upon refusal of any pawnbroker at any time to submit to such visitation or inspection, his shop shall be immed- iately closed by order of the mayer: City Manager or his designee. All licenses issued to pawnbrokers are subject to these provisions, any violation of which will be punished by a revocation of their license; and no license issued to pawnbrokers shall be transferred from the person to whom it was issued. (b) Pawnbrokers selling articles taken on pledge, in addition to his regular merchant's license. 623:99 $731 .25 (149) PHILATELIST $164.06 (150) PHLEBOTOMIST $164.06 (152} (151) PHOTOGRAPHERS, not itinerant, including developing and printing or agencies for same, or both ... 148:75 $185.94 (a) Agencies, where developing and printing are done off premises $109.38 (133} (152) PHYSICAL CULTURE DIRECTORS 148:75 $185.94 (154} (153) PHYSIOTHERAPISTS 148:75 $185.94 (155) (154) PICTURE FRAMING 79:99 $87.50 (a)Empleyiag five peFs8RS 9E less 79:99 (b) I✓mpleyiRg mere thee five and het ever twenty-five persehs 157:59 (e) ?✓mpleyiRg ever twenty-five peiseas 195:99 (156) PICTURE-TAKING MACHINES; eaeh maellihe7.77 148:75 24 MIAMI BEACH CITY CODE BUSINESS LICENSES (137) (155) PODIATRIST 1.48:75 , 185.94 (138) PONY GQhF (See MiR}ature Self Eeurses): (159) (156) PRINTING AND COPY SERVICE all kinds $150.00 (a) empleying five perseRs er less 79:99 414 Er pfeytng mere than five and Ret ever twenty-five persehs 1.57:39 (e) Empley}Rg ever twenty-five persehs 193:99 (160) (157) PRIVATE SCHOOLS, nurseries, day care centers, schools, tutorial services,colleges, or other educational or training institutions operated for profit. For each place of business .. 187:99 $233.75 (158) PROCESS SERVICE $164.06 (161)(159) PROPERTY MANAGEMENT, or the business or service of opening and closing of homes, or both 148:75 $185.94 (160) PUBLIC RELATIONS $164.06 (161) PUBLISHER $164.06 (161:1)(162)RACING INFORMATION (Tip Sheets) 461:99 $576.25 (162} RADIO DEAD RS: Separate lteease: (See MerehaRts far rate): (163) RECORD-MAKING MAEHI•NES; dtspeHs+Rg reeerd+Rgs of ve-Ee; must€ OF ether selRds; ea€h maeh4Re. 148:75 (164} (163) REPAIR SHOPS, including upholstering, furniture repairing, keys and leeks; knife and lawn mower sharp- ening, refrigerator, etc., for each place of business.. 148:73 $185.94 (165) (164) RESTAURANTS, DRUGSTORES OR OTHER ESTABLISHMENTS SERVING FOOD, permitting the operation of cafe, cafeteria, public dining room, tea room or restaurant take-out with chairs or stools,each to count as one seat, fer the fust 19 seats sha14 pay a rt4lmdr fee ef....r.; 86:63 Fer each addltleRal seat ever 19 thredgh 899 s 3:69 F8F eaeh addltleaal seat ever 809 4:81 (a) No chairs 108.29 (b) Per chair, 1 to 800 seats 7. 11 (c) Each additional chair over 800 6.01 (166) Deleted: (167) (165) RINK, SKATING, BICYCLE OR OTHERS, owners or persons maintaining same, subject to special per- mission from the City EedRe44. Commission 87:30 $109.38 (168) (166) ROOMING HOUSES OR LODGING HOUSES in which there are more than three beds for the use of lodgers or roomers, or in which more than six paying guests are allowed to sleep: (a) For the first twenty rooms 110:69 $138.36 (b) For each additional room over twenty 3:85 $4.81 Any apartment house, hotel or any other place serving meals or food other than a boardinghouse, requires a restaurant license. (See Restaurants, Drugstores or Other Establishments.) 25 MIAMI BEACH CITY CODE BUSINESS LICENSES 169) RUBBER STAMPS; makers of maRbfaeturers els 4a) Employing five peFsens eF less 79:99 Emp4eying mere than five and net ever twenty-five peFsens 137:59 (e) Empleying ever twenty-five peFseRS 193:99 co17 ) RUG AND CARPET CLEANING-, net in eenReetiOR with dry &leaning of sterage warehouse business:- 148=73 (167) SAIL MAKER $164.06 (179:1) (168)SALES OFFICE, temporary, at construction sites (subject to the approval of the City Manager) 173:99 $218.75 171} (169) SANITARIUM or institution of like character. (See Hospitals and Nursing Homes.) 623:99 $781 .25 4174 SCHOOLS See Private S&heels:} (173} (170) SECONDHAND DEALERS (a) In goods other than wearing apparel 223:99 281 .25 (b) In wearing apparel ... 256:99 320.00 (c) In cars 223:99 281 .25 4174} SEPTIC TANKS; makers of manafaeturers of (a} Employing five peFSORS of less 79:99 4b Employing mere than five and net ever twenty-five peFS8Rs 137:59 3 EmpAeying ever twenty-five peFseRS 193:99 (175} (171) SERVICE STATIONS (a) First pump 87:59 $109.38 (b) Each additional pump 35:99 $43.75 All persons engaged in the business of selling merchandise of any kind, sort or description, except as otherwise specifically provided by this section, shall be required to pay a merchant's license tax. 4176) SHEET METAL WORKS AND TIN SHOPS::::: 4a} €mpleying five peFseRs of less 79:99 (ll Empleying mere than five and net ever twenty-five peFseRS 157:59 el Empleying ever twenty-five peFS8RS 193:99 (177} (172) SHOE REPAIRING (See Beet and Shoe Repair Shop:} 113:75 $142. 19 (a) Shoe repair agency, where repairs are done off the premises .... $75.00 (178} (173) SHOE SHINING SHINE (See Beetblaek STAND I, each chair 7:99 $8.75 (179} SHOOTING GALLERY; to &lase at 11499 P:M: (Sebj.eet to eity eeuneil appreval) 148:75 (180} SHUPPLEBOARD 148:75 (181} (174) SIGHTSEEING BUSES, each bus ... 475:90 $468.75 4182} (175) SIGN WRITERS; provided, one must have a contractor's license and permit from the elief Building inspeeter Department in order to erect signs over six square feet in area 148:75 $185.94 26 MIAMI BEACH CITY CODE BUSINESS LICENSES (-182:1) (176)SOCIOLOGIST OR MARRIAGE COUNSELOR.... 148:75 $185.94 (-183} (177) SODA FOUNTAINS; - ICE CREAM PARLOR: pFevided; that sella fountains eperated iH eeRReetien w1fh Feguladly fieeRsed drugstere; restaurant eF eenfeetieRery stere de Ret FequiFe a 14eefser.:: 87:59 • restricted to soda, and ice cream products. Any other item, such as sandwiches, hot dogs, pastry, etc. will require a Restaurant license $109.38 (-184) (178) SOLARIUM 148:75 $185.94 (-185) SQbICITGRS: &eF bus+Bess !Reuses eut of €ity; ealling eH steres3 effiees and plaees e€ business eHly; merehandise Ret feF resafe 148:75 (179) SOUND OPERATOR $164.06 (180) SOUND RECORDING STUDIO $281 .25 (181) STAMP MACHINE DEALER $164.06 (182) STEAMSHIP AGENCY .. $164.06 (-186) (183) STOCK BROKERS (Full Service) 937:99 $1171 .25 Introducing Brokers (a) Employing five persons or less 75:99 $93.75 (b) Employing more than five and not over fifteen persons 159:99 $187.50 (c) Employing more than fifteen persons and not over twenty persons 225:99 $281 .25 (-187) STONE CUTTERS (a) grripleyirig five peFsens er fess 79:99 04 Empley1Rg mere than five and Ret ever twenty-five perseas 157:58 (-E) Employing ever twenty-five peFs8RS 195:99 (184) SWIMMING POOLS (concessions) 148:75 185.94 T (-199) (185) TAILOR, each shop 113:75 $142. 19 (-191) TANK BU1bHgRS (a) EmpfeyiRg five persens er fess 79:99 04 Er pleyiRg mere thaR five and Ret ever twenty-five perseRs 157:59 ke) Er pley+Rg ever twenty-five perseRsrf 193:99 (-191:1) (186)TAX COLLECTION AGENCIES, includes auto tags, drivers licenses, hunting and fishing licenses, boat registration, etc 148:75 $185.94 (-192) (187) TAXIDERMIST 148:75 $185.94 (-193) (188) TELEGRAPH COMPANIES 812:99 $1015.00 (189) TELEPHONE ANSWERING SERVICE $164.06 (190) TELEPHONE DISTRIBUTOR $218.75 Each telephone $21 .00 27 MIAMI BEACH CITY CODE BUSINESS LICENSES 091) TELEPHONE SALES OFFICE $164.06 All persons engaged in the business of selling merchandise of any kind, sort or description, except as otherwise specifically provided by this section, shall be required to pay a merchant's license tax. (192) TELEVISION RENTAL $164.06 (193) TENNIS COURT $164.06 (194) TENNIS PRO $164.06 4194) (195) THEATERS 759:99 $937.50 (193) (196) THEATRICAL OR DRAMATIC TROUPES or companies for profit where performance is not given in a local licensed theater, each performance 78:98 $87.50 (196). (197) THEATRICAL PERFORMANCE, wholly for benevolent or charitable purposes, no license required .. Exempt (198) THEATRICAL PRODUCER $164.06 (199) THERAPIST $185.94 (200) TICKET OFFICE $164.06 (196:1) TIP SHEETS (See Rae1Rg iRfeFr a+eR,- (197) TOM THUMB GOLF See Miaiatbwe Gei€ Ceipses:} 4983 (201) TOWEL AND LINEN SUPPLY SERVICE, not including commercial laundry work, for each person delivering 448:73 $185.94 (202) TOW TRUCK associated with (a) Service station each $150.00 (b) Wrecker service each $150.00 (199) TRAINED ANIMAL SHOWS (See Beg eF OtheF TFaieed ARimai€xhtb eR:) (2993 TRANSFER BUSINESS See Baggage and TFaRs€er4 4289:1) (203)TRANSPORTATION SERVICE 448:73 $185.94 Including but not limited to; vans, cars, rickshaws, horse and buggy, etc. each vehicle $150.00 (299:2) (204)TRAVEL BUREAUS - TOUR OPERATORS 131:25 $164.06 (205) TYPING, WORDPROCESSING, RESUME, LETTER WRITING SERVICE $164.06 U (NO (206) UPHOLSTERING (See Repair Shops.) (207) USHERING SERVICE $164.06 28 MIAMI BEACH CITY CODE BUSINESS LICENSES V k2G1,1} (208)VALET PARKING at hotels, and high-rise apartment houses, restaurants, bars, etc, each location 475:99 $218.75 (292} (209) VETERINARIAN OR VETERINARY SURGEON... 448:75 $185.94 (210) VIDEO COPY SERVICE $164.06 (211) VIDEO TAPE RENTAL, each location . $150.00 W (293) (212) WAREHOUSE (Storage:iheladtng rag and carpet eleanfng)OR STORAGE YARD 225:99 $281 .25 094} WE G1MI-NG MACHINES; eaeh maehlne 19:59 E295) (213) WHOLESALE DEALERS DRY S©ODS; netters; 225:99 $281 .25 +ewelry; elethtng; greeerles; fruits; vegetables; pFe- duee e€ all kinds OF ether meFekandfse; en feet AF from wagons; trueks AF ether vehfeles; sung of delivering at wholesale; ineladtng wholesale dry eleaners and wholesale laundries; except delivering 9R enders pre- viously taken 223:90 /b} dealers In meats aad poultry whe sel4ett eE take eFdeFs ler AF deliver any eleaned; drawn et eut poultry eF fresh meats; exeladtng h}hdquarters; smoked meats er fresh meats in balk; without having a bena fide established place el business In the eity shall be required to eb- tatn a permit as provided lei to the ease el retail selrelters and required to obtain separate license therefor at 759:99 096} (214) WINDOW CLEANERS AND JANITOR SERVICE 148:75 $185.94 097} WDOD YARD OR FIREWOOD DEAb€RS 87:59 (215) WRECKER SERVICE $164.06 (a) each tow truck $150.00 (Code 1950, M7-16; Ord. No. 1026, %I; Ord. No. 1107, §23; Ord. No. 1123, %%1,2; Ord. No. 1141, %2,3; Ord. No. 1223, %I; Ord. No. 1227, M; Ord. No. 1267, §3; Ord. No. 1311, $%11,12; Ord. No. 1325, §1; Ord. No. 1333,%1; Ord. No. 1371, M; Ord. No. 1402, M; Ord. No. 1409, §1; Ord. No. 1520,M; Ord. No. 1529, M; ord. No. 1530, %1; Ord. No. 1548,%1; Ord. No. 1549, M; Ord. No. 1566, %1; Ord. No. 1588, %1; Ord. No. 1600, M; Ord. No. 1609,M; Ord. No. 1623, M; Ord. No. 1630, M; Ord. No. 1668, %1; Ord. No. 1672, §1; Ord. No. 1673, §1; Ord. No. 1674, M; Ord. No. 1717, %1; Ord. No. 1786, %%1 to 21; Ord. No. 1801, %1; Ord. No. 1815, M; Ord. No. 1909, M; Ord. No. 1927, M; Ord. No. 74-2021, M; Ord. No. 76-2057, %1; Ord. No. 76-2081, %%1,2; Ord. No. 77-2086, M; Ord. No. 77-2101, M; Ord. No. 80-2224, §5; Ord. No. 81-2245,%%1,2; Ord. No. 82-2316, M; Ord. No. 82-2334, %2; Ord. No. 82-2339, %2; Ord. No. 83-2353, M; Ord. No. 82-2327, Ord. No. 85-2497) 29 MIAMI BEACH CITY CODE BUSINESS LICENSES •Sec. 20-12. Fees for all other businesses. A city license fee, equal in amount to the license fee or tax imposed by the Dade County Code, is hereby levied and imposed upon all businesses operating within the City of Miami Beach which are not specifically named or enumerated by this article. (Ord. No. 82-2316, 1.) D. Additional Business Regulations and Fees. Sec. 20-13. Regulations concerning coin-operated machines. Every music box, mechanical phonograph, juke box, pin-ball, mechanical or electronic device of skill, food or drink dispensing machine, newspaper dispensing rack or other machine or device operated by insertion of a coin, shall at all times have posted thereon conspicuously and legibly the name, address and telephone number of the person owning the device. All licensed machines shall have an annual City sticker affixed in a conspicuous place. The pe4iee el4ef, City Manager or his designee, is hereby authorized and directed to take immediate possession of any machine or device which does not conform to the requirements of this section, and to sell the same at public auction after one publication of notice of such sale, which notice shall be published in a local newspaper at least ten days prior to the holding of such sale. The proceeds of such sale shall be paid into the city treasury. At any time prior to the holding of such sale, the person owning such machine or device may, upon proof of ownership as evidenced by bill of sale or other evidence satisfactory to the Efate€ of peke City Manager or his designee obtain such machine or device upon payment to the ftaa,ee difeeteF City Manager or his designee the sum of one hundred dollars plus all costs and expenses incurred by the city for the transportation and storage of the machine or device and publication of notice, if any, in connection with the confiscation of such machine or device; provided however that the device shall be returned without cost or penalty if the owner establishes that the required information was posted in accordance with this section and that the device was regularly inspected for such compliance. It shall be unlawful and a violation of this article for any person to use or operate, or permit to be used or operated within his place of business, any such machine or device which does not have affixed to the said machine or device the information required by this section. (Ord. No. 82-2316, %l.) Sec. 20-14. Licensing of residential landlords. (a) License required; fee. All persons engaged in the business of renting three or more dwel14Fig units and/or each structure with three or more units for residential purposes, as defined by 83:43(s}T f teitda Statutes (19814 83.43 (2) Florida Statutes (as amended) shall obtain a license pursuant to this article, upon payment of an annual fee as provided for in section 20-11 of this article. Failure to obtain a license required by this section shall result in penalties as specified by this chapter. (b) Prohibited practices; enforcement. No person subject to the above licensing requirement shall violate any provision of the Florida Residential Landlord Ec Tenant Act, 83.40, et seq., Fla. Stat. (1981); 501.204, et seq., Fla. Stat. (1981); Article III of this chapter, or any section of the Miami Beach City Code governing landlord-tenant matters. Violations of these provisions shall be subject to prosecution under this chapter, shall be cause for suspension or revocation of a landlord's license pursuant to Article II of this chapter, and shall be grounds for a civil action by the city attorney or injured tenants under Article III of this chapter. (c) Other Laws. This section shall not supersede and shall be in addition to all other laws, local, state and federal, governing landlord-tenant relations, but shall repeal sections 2-76 through 2-82, Miami Beach City Code. (Ord. No. 81-2316,%1; Ord. No. 82-2336,%1.) 30 MIAMI BEACH CITY CODE BUSINESS LICENSES •Sec. 20-15 Definitions; licensing of gun dealers; fees; sales. (a) Definitions. For the purposes of this section, the following words shall have the following meanings: (1) Firearm. Unless otherwise indicated, shall mean any revolver, pistol, rifle, shotgun, machine gun, destructive device or other weapon which expels a projectile by the action of an explosive. (2) Saturday Night Special. Shall mean any firearm which is thirty- two caliber or smaller, whose barrel is less than three inches, except those whose frame is an investment cast of forged steel, or investment cast of forged high intensity alloy. (3) Sale. Shall include all transfers, assignments, pledges, leases, loans, barters or gifts. (b) Licenses required. Every person engaged in the business of selling firearms at retail shall obtain a license pursuant to this section. (c) Licensing procedures. No license shall be issued under this section until the City Manager has examined the applicant and obtained certain information as follows: (1) Prohibition. It shall be unlawful for any person, without being licensed as provided in this section, to engage in the business of selling firearms. This licensing requirement applies to persons in the firearms business or in the business of gunsmithing, and does not apply to isolated sales, transfers or trades between individuals who are not regularly engaged in the sale or offering for sale of firearms. (2) Application for license; content. Applicants for licenses to sell firearms under this section must file with the finaRee 4i eeteF City Manager or his designee their applications in duplicate in the form prescribed by the City Manager. All applications must be signed and verified by all person(s) in whose name(s) the license is to be issued. The application shall state the full name, age, residence, present and previous occupations of each person so signing the same, and shall also specify the complete name, address and location of the place of business, as well as other facts as may be required by the City Manager to show the good character, competency and integrity of each person signing the application or otherwise involved in the business. (3) Demonstration of knowledge of city, county, state and federal laws applicable to the sale of firearms; fees. As part of the application procedure for a license to sell firearms, two forms of license shall be devised. The first license shall be the dealers license, which shall be issued to the owner, whether corporate or individual, of any business which sells firearms at retail, for a license fee el twe bendFed seventy-five del4aFs: as listed in Sec. 20-11. The second shall be the employee license, which shall be issued for a fee of €tf#y del4aFs as listed in Sec. 20-11 to any employee who is engaged as an agent or employee in the retail sale of firearms. It shall be the duty of the City Manager or his designee with the advice of the Police Chief, to prepare a manual from which questions on a short written examination will be taken so that the applicant, whether a dealer or employee, shall show his knowledge of federal, state, county, and city laws governing firearms sales and ownership. If the applicant shall have difficulty with the written or spoken English language, which seriously impairs his ability to demonstrate his knowledge of such laws, special provisions shall be made through an interpreter or otherwise, for the administration of the required examination to such person. In the event of failure the applicant may retake the test seven days from the date of examination however, no person shall be allowed to take this test more than three times in a twelve-month period. (Ord. No. 83- 2384,%I.) 31 MIAMI BEACH CITY CODE BUSINESS LICENSES (4) Investigation of application; fingerprinting. a. The City Manager shall require, upon the initial application, for applicants for licenses to be fingerprinted, and shall require that their photographs be attached them to their initial applications. theiF phetegfaphs: The Chief of Police may make a records check of each applicant. The Chief of Police shall make a complete investigation of the applicant only when so directed by the City Manager. b. The applicant's fingerprints shall be searched for any previous criminal record and shall be placed on file by the Chief of Police of the city. (5) Issuance of license. Upon completion of an investigation showing the statements on the application to be true, and the taking and passing of the required written examination on gun control laws and the sale of firearms, and due inquiry into the good character, competency and integrity of the applicant, if the City Manager is satisfied as to the applicant's good character, competency and integrity, a license shall be issued to the applicant by the linanee diFecteF City Manager or his designee, provided that: a. No license may be issued to any person who has been convicted of a felony and whose civil rights have not been restored, or who is under eighteen years of age. b. No license inay be issued solely in the name of a corporation, firm, partnership, company or other legal entity, but the corporate name may be listed on the license. (6) File of applications and licenses. After disposition of the application, the original shall be maintained in the files of the City Manager. The duplicate copy and all renewal licenses shall he filed with the Chief of Police. Attached thereto shall be information as to the final disposition of the application. (7) Conditions; revocation. A license issued in accordance with the provisions of this section is subject to the following conditions, for breach of any of which the license is subject to revocation: a. The business shall be carried on only in the premises designated in the license. b. The license or a copy certified by the issuing authority shall be displayed in a conspicuous place on the premises in which the business is conducted where it can be easily read. c. No handgun, or imitation thereof, shall be placed in any display window of the premises. dT Ne handgun shall be delrvefed until seventy-twe hews afteF the sale has been eempleted; unless the puFehaseF is the pessesseF ef a valid license eF peFmit te caFFy fiFeaFms issued within the state; which license te eaFFy shall be displayed at time e€ sale; except wheFe an epeFable fiFeaFm is tFaded €eF anetheF epeFable f-iFeaFm; pFevided; heweveF that the pFevisieAs e€ this sebseetien shall net apply te duly ercipleyed €edeFal; state; eeunty of municipal law en€eFeement e€ficefs= eT d. A true record of every sale of firearms shall be kept by the licensee in accordance with the provisions of the applicable Florida Statutes subseetien (d#3) el this seetien, and shall be available for inspection, during normal business hours, by the Miami Beach Police Department on a form prescribed by the Chief of Police, and a copy of the record of each sale shall be mailed to the Chief of Police within twenty-four hours of the delivery of the firearm. All €ifeaFms with eveFa14 length ef twenty-six and ene-ball inches shall be excluded fFem this FequiFement: €: e. The following shall also constitute grounds for revocation of the license: 1. Conviction of the licensee of any felony. 2. Any grounds for which the licensee could have been refused when applied for. 32 MIAMI BEACH CITY CODE BUSINESS LICENSES 3. Conviction for violation of subsection (d)(3) (1) of this section. g. Upon revocation, the licensee or licensees shall he entitled to an immediate hearing before the City Manager or his designee upon the merits to obtain reinstatement of said license. The circuit court shall review orders denying licenses to sell and orders denying reinstatement of a revoked license. • (8) Licenses nontransferable; expiration date; renewals; a. Licenses under this section are not transferable. It shall he unlawful for any licensee to assign, sell, lease or in any manner transfer or attempt to sell, lease or in any manner transfer said license or any rights or duties thereunder. b. If, during the term of the license, a person so licensed ceases to engage in the said business or ceases to sell firearms, said license may be surrendered to the city, which shall thereby relieve said person from future responsibility under the license. c. Any licensed employee may work at any other licensed dealer premises in the City of Miami Beach without notice of transfer to the city commission. d. Annual renewal for dealer licenses shall be on forms provided for that purpose a feFm listing the name, address, company name and address, City of Miami Beach license number and notarized signature of the applicant and shall require payment of a renewal fee of ene hundred fifty dollars: Ne renewal fee feF an employee shall be FegaiFed: as per Sec. 20-11. (-Ord: NOT 83-2384; 2)T (9) The license required by this section shall he in addition to any firearms license required by state and federal law. (d) PFehibited sales of ficeaFresf FegistfatleR of sales: The fel4ewing FestFtetiens shall apply to all safes of firearms+ (l) Sales fwehibited to eeItaiR pePsens: a: 14 shall be unlawful feF any peFseR to sell; lean AF fuFnish any fiFeaFm OF ammanit+on to any person whom he knows AF has Feasonable eause to believe is iRdeF the 4f44:leiee of aleehol OF any naFeotie3 drug; Stimulant; OF depressant; OF who is of unsound mind, eF to any mtnoF under the age of twenty-eRe years: lR addition to all ether penalties; saeh unlawful sale; lean eF furnishing shall be grounds feF Fevoeatien of any 44eense issued by the eity to saeh peFseR: b: It shall be unlawful feF a 4ieensed dealeF to sell; deliver; tFaRsfeF; OF feFnish any firearm to any person to the City of Miami Beach unless the paFehaseF has passed a shert wFitten examination pFeseFibed herein by the City Manager AF his designee demonstrating the applteantls knewledge of federal; state; eeIRty and City of Miami Beach firearm laws: The paFehaseF mast also demenstFate his ability to safely handle the fiFeaFm to be purchased: Persons who have sueeessful4y eempleted the above pFeeeduwes in the eeurse of puFehastng a handgun shall net be required to repeat saeh pFeeeduFes in any given year in oFdeF to puFehase another handgun of the same type and ealibeF previously puFehased: 14 the paFehaseF shall have diffiealty with the wFitten of spoken Irnglish language; whieh seriously impairs his ability to demonstrate his knowledge of such laws and his ability to safely handle said handgun; speeial pFevisiens shall be made through an iRteFpFeteF AF otherwise; feF the administration of the required written examination and qualifieatien pFeeeduFe to saeh peFseR: In the event of failure: the apjlieant may Fetake the test seven days fFem the date of examinatienf heweveF; no person shall be allowed to take this test mere than three times -in a twelve month peFied as a result of saeh failure: The above pFeseribed pfeeeduFe shall- be administered only by duly 4ieensed dealers OF salesmen under this ehapteF: The results of the testing shall be forwarded to the Chief of Peliee: The signature of the paFehaseF upen the pFesefibed farm shall- serve as a Fel-ease of the tFansfeFeF from all- civil- liability as a Fesu#t of eaFFyiRg eat this seetien: 33 MIAMI BEACH CITY CODE BUSINESS LICENSES �2} PFehibited safes: aT It shall be uRlawfuf to seff any fiFeaFm whose seFial RumbeF has been alteFed; changed; dfsf-igiFed AF defaced: b: ft shall be Holawful- foF aRy peFseR to sell of etheFwise tFaRsfeF aRy SatuFday Night Special!! as defined iR subseetieo .(a)42) of this section OF effeF OF expose feF safe AF tFaRsfeF aRy such '-'SatuFday Night Special-sur IT Notwithstanding the foFegeing pFevisiORS of this seetieR,- the safe of SatuFday Right specials to law eRfeFeemeRt ageRefes OF foF autheFized militaFy use shall Rot be subject to the limitation heFeiR set feFth: 2: SubseetieR (b) shall Ret apply to wholesale deafeFs iR theiF business iiteFeeuFse with Fetail deafeFs RAF to Fetai4 dealeFs in theiF business iRteFeeuFse with etheF Fetail deafeFs RAF to wholesale AF Fetail deafeFs iR the FegufaF OF eFdiRaFy tFaRspoFtatioo of unleaded fiFeaFms; meFehandise by mail; expFess of etheF mode of shipment; to peiRts outside the ceuRtFy; RAF to safes AF tFaRsfeF of fiFeaFms that de Rot use a self-eoRtaiRiRg eaFtFidge: (3) (1) Registration of sales and transfers required; penalty. a. Register. Every person engaged in the business of selling, leasing, or otherwise transferring firearms of a size capable of being readily concealed on the person, whether such seller, lessor or transferor is a retail dealer, pawnbroker, or otherwise, shall keep a register in which shall be entered the date and time of sale, lease or transfer; the place where sold, leased or transferred; make, model, manufacturer's number, caliber or other marks of identification of such firearm; the purchaser's name, address, color, sex, age, weight, height, complexion, color of hair, birthplace, place of residence, length of residence, occupation, employer, and the date and time of delivery. The veRdoF of sueh fiFeaFm shall give Retiee of such sale; ioelud+Rg the deseFiptieR of said fi-FeaFmT to the Chief of Pefiee of the city and to the I-JRited States DepaFtmeRt of TFeasuFyy BuFeau of Aleehe1 Tobacco and FiFeaFms; within twenty-fouF hAUFS: b. Purchaser and seller to sign. The person to whom such firearm is sold, leased or otherwise transferred shall sign and the dealer shall require him to sign his name and affix his address to the register in duplicate and the salesman shall affix his signature in duplicate as a witness to the signature of the person to whom such firearm is sold, leased or transferred. C.- The peFSAR to whom such handgun is sold; leased eF otheFwise tFaRsfeFFed shall wait; and the dealeF shall FequiFe him to wait a peFied of seventy-two heuFs pFieF to such peFseR aequiFiRg possession of such handgun: d: c. Fictitious name prohibited. Any person signing a fictitious name or address in such register is guilty of a violation of this section. e: d. Exceptions. This subsection k3} (1) shall not apply to wholesale dealers in their business intercourse with retail dealers nor to retail dealers in their business intercourse with other retail dealers, nor to wholesale or retail dealers in the regular or ordinary transportation of unloaded firearms, merchandise by mail, express or other mode of shipment, to points outside the city, nor to sales or transfer of firearms that do not use a self-containing cartridge. (e) Inspection of sales record book. A sales record book, as required by the Federal Firearms Act, shall be open at all reasonable hours for the inspection of any police or peace officer. (f) Penalty. Every person who is convicted for a violation of this section shall be punished upon a first conviction by imprisonment for not less than six months or by a fine of not less than one thousand dollars or by both such fine and imprisonment, in the discretion of the court, and on a second and subsequent conviction shall be punished by imprisonment for not less than one year or by a fine of not less than one thousand dollars or by both such fine and imprisonment, in the discretion of the court. (Ord. No. 82-2316, §l; Ord. No. 82-2333, %l.) 34 MIAMI BEACH CITY CODE BUSINESS LICENSES Sec. 20-16. Medical clinics; license fee; disclosure of physicians; insuFanee FeguiFemeRts. Every firm or establishment which provides outpatient and/or ambulatory medical treatment, diagnosis or care within the City of Miami Beach shall be required to obtain a business license ter a fee of twe 149ndFed de44aFs; and shall, in addition to the other registration requirements under sectio- 20-10 of this article, disclose in writing the names of each physician associated with the establishment. In addition each such establishment, as a condition of being licensed, shall file with the €inanee direeter City Manager or his designee copies of the state medical licenses of all such physicians, and evideRee of pre€essienai maipFaetiee and,eF ftaa ty insiFaRee pe4ieies 4RSRr-+ng each patient e€ the eligts feF dp te three million del4aFs iR injdFieS eF less e€ life. The e14y maRageF is authorized te adept administrative Fuses te de€iRe and establish the nature et such inSUFanee and the preper evideRee theFee€y and insure that such physicians obtain a City of Miami Beach occupational license. All medical personnel affiliated with any hospitals, nursing homes, ACLF's, clinics etc. within the City of Miami Beach or on private duty shall obtain an occupational license. Ord. No. 82- 2316 §1.) Sec. 20-17. Disclosures required of insurance agents. Any person conducting the business, occupation or profession of an insurance agent shall file a sworn statement with the finanee diFeeteF City Manager or his designee listing the name of each insurance company for which he is acting. Failure to do so shall, upon conviction, result in a fine not exceeding five thousand dollars and imprisonment not exceeding ninety days, in addition to any other penalties authorized by this chapter. (Ord. No. 82-2316,%1.) Sec. 20-18. Contractor's permit. No contractor shall initiate or engage in work in the City of Miami Beach without first submitting to the €inaaee diFeEteF City Manager or his designee evidence of compliance with all applicable Dade County laws governing contractors, including a copy of a certificate of competency duly issued by the proper authority of Dade County, and a certificate showing that the applicant is covered by workers' compensation and public liability insurance equal to or exceeding the minimum limits required by Dade County for contractors. Any contractor who violates this section, or who engages in work in the city without complying with this section, or whose county certificate of competency or insurance has expired or been cancelled, revoked or suspended shall be subject to the penalties specified by section 20-24 of this article. In the event of cancellation or repeal of the county fee collection and disbursement system under Sec. 10-28 of the Dade County Code, then the City of Miami Beach fee for contractors' licenses shall be equal to those established by 10-27, Dade County Code (1982). (Ord. No. 82-2316,§1). Sec. 20-19. Parking lot; definitions, applicability. (a) Definition. The term "parking lot" for purposes of this section shall mean any business engaged in whole or in part in the steFing or parking of three or more motor vehicles for payment of a fee, provided that the following shall be exempt from this section: (1) Garages and other places where motor vehicles are stored for hire within a building and for which a license has been obtained under another provision of this article. (2) Off-street parking spaces required under the zoning ordinance of Miami Beach, for multiple-family uses. and Ret in excess of twe theusand square feet. HeweveFT the physiea4 stFuetuFai and maiRtenanee requirements of this seetieR shall apply te al-I piaees3 letsy pareefs; yards eF areas awned OF used ter the parking of meter 35 MIAMI BEACH CITY CODE BUSINESS LICENSES vehicles; whether of Rot exempted by this subsection: Any location with parking attendants and/or valet parking shall have a license as a parking lot and shall meet other prescribed criteria listed in this section. (b) License required. No person shall conduct, operate or maintain a parking lot without first obtaining an annual license therefor from the f+RaRee direeter City Manager or his designee. No license shall be issued without a certificate from the City Manager or his designee stating that the particular parking lot or area conforms in all respects with the landscaping requirements of this section of of section 33-f22 et set,. Metropolitan Dade County Cede; whichever previsions impose the higher standard: to the Zoning Ordinance #1891. (c) Application. No license required by this chapter shall be granted until the applicant for such license shall file with the finanee director a written applieatieR OR a feFm; which application shall have been appFeved by the City MaRageF eF his designee: Each application shall satisfy all FequiFemeRts feF issuance of permits satisfies all requirements of the City. under section 29-f9 of this aFtiele: 4E1) BaFrieFs Fequ+Fed: A44 epeFateFs of paFking lets shall ceRstFuet and maintain peFinaneRt baFFieFs of either eeReFete AF squaFe AF FeetaRgulaF cut timber OR each side of the parking let: Such baFFieFs shall be se located, eeRstFueted; maintained and fastened as to pFeveRt any peFtieR of any meteF vehicle paFked iR such parking let from extending ever; across OF upOR the 14-Re of any adjoining property-5 sidewalk; alley; street AF ether pubfie way: (-e) 1l;enees; walls OF hedges: AR opaque wail eF fence of material and eeRstFuetion to be approved by the chief buil-ding inspeeteF; OF aR opaque dense hedge; not less than six feet iR height; shall be eFeeted AF pfaced and maintained upon the side and FeaF lines of parking lets where sueh side OF FeaF lines are within fifty feet of any dwelling; apartment building; OF hotel; provided however-Tit there is any eeRfliet between the previsions of this section and any provision of the zoning OFdinaRee; the previsions of the latter shall prevail; and provided further that the requirement of walls; hedges OF feRees along FeaF OF side lines of parking lets may be waived; at the diseFetioR of the City Manager where the eeeupaRts of the abutting property consent to sueh waiver iR wFitiRg: The consent of the owner of multiple-family OF business property abutting the parking lot shall be deemed to be eoRseRt by all the eeeupaRts thereof: Requifereents along street €FeAtages: lR addition to the feFegeiRg FequiFements; afl paFkiRg lets shall have eeRstFucted and maintained along the stFeet fFentages; exclusive of alleys and excepting appFeved driveways AF ether openings*. (l) A wall; not less than five feet RAF Mere than six feet in height; of a stucco OF equal finisht OF (2} A living hedge Rot less than five feet RAF More than six feet in height; such hedge to be within a verdant grass OF equal fandseaped border four feet in width: kg} SuFfaee to be smooth and well-dFaine4r A44 paFkiRg lets shall be eeRstFueted and maintained to pFevide a smooth suFface; adequately dFaiRed; that will Rot FetaiR wateF AF dust OF loose particles: Nothing contained herein shall be deemed OF construed to waive AF modify any of the pFevisieRs of any other ordinanee of the city regulating the use; erection of maintenance of buildings eF structures within the city: 36 MIAMI BEACH CITY CODE BUSINESS LICENSES th} bighting €aeilitiesr 14 lighting faei4ities aFe maintained en a parking let; sdeh lighting faeilities shall be ef the shielded fleedlight type OF etheF type of lighting te peFmit dFiveFs ef eaFs te have Feasenable add safe aeeess te all peFtieds ef sdeh parking let deFing the hems ef daFkness: A eeFtifieate appFeving the lighting installatied shall be ebtained fFern the chief building idspeeteF pFieF te issdadee ef a paFkidg let lieense heFetrndeF: (-i} Fife pfeteetien: hieedsed paFkidg lets shall be equipped with fife- extinguishing appaFatus appFeved by the fiFe depaFtment ef the eityr (j) Removal of parked vehicles. It shall be unlawful for any owner, operator or employee of any licensed parking lot, to move any parked motor vehicle from the parking lot to any public street, parking area or any other public or private property without the consent of the owner, the owner's agent, or the Chief of Police, unless specifically authorized to do so by law. (k) Signs to be posted. Operators of licensed parking lots shall place and maintain at each vehicle entrance printed signs conspicuously disclosing the price or fee charged for the parking of motor vehicles thereon, and indicating, in two-inch red letters, the city license number issued to the owner or operator. (1) Fees. The annual parking lot license fees shall be as provided for in section 20-11 of this article. (m) Penalties. It shall be unlawful and a violation of this section for any licensee to use, or permit to be used in whole or in part, any parking lot, unless the same is in compliance with the requirements of this chapter. It shall be unlawful for any licensee to fail to maintain the requirements of this section for any period during the period licensed hereunder. It shall be unlawful for any person owning or operating a parking lot in the city, unless expressly exempted by this article, not to obtain a license under this article. td} Repeal of etheF laws: EhapteF 27T Miami Seaeh City Bede; is heFeby Fepealed: OFdr NeT 82-2316; It ©Fd: NeT 82-2336; 24r E. PENALTIES; ENFORCEMENT PROCEDURES. Sec. 20-20. Investigation to determine compliance with chapter. The City Manager or his designee may investigate persons engaged in any business encompassed by this article and make such inquiry as shall be necessary to determine whether or not such persons have procured a license as required by this article, or engaged in conduct which violates this chapter. (Ord. No. 82-2316, 1.). Sec. 20-21. Penalties for late payment. Any person engaging in any business without obtaining a valid license under this article shall be subject to a penalty of twice the applicable license fee in addition to any other penalty provided by this chapter or any other law. All license fees are due and payable on October 1 of each year. Any person failing to timely apply for the annual renewal of a license under this article may be issued a license only upon payment of a delinquency penalty of ten percent for the fiFst month of delidgdedey October or portion thereof and an additional five percent for each month of delinquency thereafter or portion thereof until paid. Payments must be received by the License Division prior to the first day of each penalty month to avoid additional penalties. (Ord. No. 82-2316, %1.) 37 MIAMI BEACH CITY CODE BUSINESS LICENSES Sec. 20-22. Method of collection of delinquent fees and taxes. Whenever any licensee or person who is required to obtain a license under this article fails to pay a fee when due or to pay any other fee or fine imposed by this chapter, or to pay any other city tax or fee required by the city code, the city attorney and city prosecutor may, in addition to any other penalty provided by law: (a) Seek civil and criminal penalties as authorized by this chapter; (b) Recommend the imposition of administrative sanctions by the City Manager under Article II of this chapter; (c) Petition the circuit court to enjoin the licensee or person from engaging in the business for which he has failed to pay said sum, until such time as he shall pay the same with costs of such action; (d) File a petition with the county or circuit courts, or with the Dade County tax collector, to obtain a warrant or other order authorizing the levy upon and sale of any real or personal property of the person owning the business, to collect the amount due plus the cost of executing the same, plus court costs and reasonable attorney fees. The officer to whom the warrant or order is delivered shall proceed in all respects and in the same manner prescribed by law in regard to executions issued against property upon judgements of a circuit court, and shall be entitled to the same fee for his services in executing the warrant, to be collected in the same manner. A copy of the warrant or order shall be filed with the clerk of the circuit court of the eleventh judicial circuit, and the clerk shall record the same, whereupon the amount due shall become a lien upon the title to and legal or equitable interest in any property, whether real, personal or mixed, of the person or business against whom the lien is obtained, in the same manner and -to the same extent as a judgment duly docketed in the office of the clerk of the circuit court with execution duly issued. In addition, any person who fails to pay a license fee, tax, fine or other sum required by this chaper shall, on petition of the city attorney, be enjoined by the circuit court from engaging in the business for which he has failed to pay said sum, until such time as he shall pay the same with costs of such action. (Ord. No. 82-2316,§l.) Sec. 20-23. Penalties for false disclosures. Any person who shall knowingly make a false statement on a city application or knowingly fail to disclose or supplement information required by this article, shall upon conviction thereof be imprisoned for no longer than ninety days and fined no more than five thousand dollars, and shall also be subject to the civil and administrative penalty authorized by this chapter. (Ord. No. 82-2316,%1.) Sec. 20-23.1 Automatic revocation due to lapse of insurance. At any time during the license year if the required insurance is not maintained at the limits required of the licensed business, the license shall become null and void on the expiration or lapse date of the policy. Sec. 20-23.2 Automatic revocation due to cancellation of bond. At any time during the license year if the required bond is not maintained at the limits required of said business, the license shall become null and void on the expiration or lapse date of the bond. 38 MIAMI BEACH CITY CODE BUSINESS LICENSES Sec. 20-24. Penalties; each day's operation without license considered separate offense. Any person who shall carry on or conduct any business for which a license is required by this article, without first obtaining such license, or who violates any other provision of this chapter may be prosecuted and shall upon conviction be punished by a fine not exceeding five thousand dollars and imprisonment not exceeding ninety days. Each day a business is conducted without first having procured a license therefor, shall be an individual offense punishable as specified herein. Past due business license fees and penalties for the operation of residential properties (hotels apartments, ACLF's) may be placed as a lien in the public record of Dade County. (Ord. No. 82-2316, %1.) ARTICLE II. SUSPENSION AND REVOCATION OF LICENSES AND PERMITS. Sec. 20-25. Grounds for suspension or revocation. The City Manager shall either revoke or temporarily suspend the license of any person where it is determined by the City Manager that: (a) The licensee has misrepresented or failed to disclose material information required by this chapter to be included in the license application form; (b) The licensee, as part of the licensee's business activity within the City of Miami Beach, is engaged in conduct which is an actual threat to the public health, welfare or safety. (c) The licensee is conducting business from premises which do not possess a valid and current certificate of occupancy and/or certificate of use as may be required by city or county laws. (d) Habitual conduct has occurred at the licensee's premises which violates city, county or state law. (e) The license issued by the city depended upon the licensee's compliance with specific provisions of federal, state, city or Dade County law and the licensee has violated such specific provisions of law. (f) The licensee has violated any provision of this chapter and has failed or refused to cease or correct the violation after notification thereof. (Ord. No. 82-2316, %l.) A public lodging establishment or public food service establishment has operated or is operating in violation of any of the provisions of this chapter or the rules of the city; such public lodging establishment or public food service establishment shall remain closed while its license is suspended or revoked. (h) The operator of any public lodging establishment or public food service establishment knowingly lets, leases, or gives space for unlawful gambling purposes or that unlawful gambling is to be carried on in such establishment or in or upon any premises which are used in connection with, and are under the same charge, control, or management as, such establishment. The suspension or revocation shall be of the license in effect at the date of such suspension or revocation, even though it may have been issued to a licensee other than the person who held the license at the time the cause for such suspension or revocation arose. (i) (1) Any person interested in the operation of any public lodging establishment, or public food service establishment within the preceding 5 years in this state, any other state, or the United States, has been adjudicated guilty of or forfeited a bond when charged with soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, illegally dealing in narcotics, or any other crime reflecting on professional character. (2) Such establishment has been condemned by the local health authority for failure to meet sanitation standards or the premises have been condemned by the local authority because the premises are unsafe and unfit for human occupancy. 39 MIAMI BEACH CITY CODE BUSINESS LICENSES .No license shall be suspended under this section for a period of more than 12 months. At the end of such period of suspension, the establishment may apply for reinstatement or renewal of the license. A public lodging establishment or public food service establishment, the license of which is revoked, may not apply for another license prior to the date which the revoked license would have expired. No new license shall be issued to the licensee or to any other firm in which the licensee or any of its stockholders is interested during the term of such suspension or revocation. Notice of intended suspension or revocation under paragraph (h) shall be given within 60 days after the cause for suspension or revocation arises. No person shall be entitled to the issuance of a license for any public lodging establishment or public food service establishment except in the discretion of the City Manager when he has notified the current licenseholder for such premises that revocation or suspension proceedings have been or will be brought against such current licensee based upon any gambling, narcotics, or prostitution related charge. Sec. 20-26. Standards; rule-making authority: A suspension not exceeding six months shall be imposed in cases where the licensee's violation is shown to be inadvertent and can be promptly corrected by the licensee; a revocation of the license shall be imposed in all other cases. The City Manager shall have the authority to adopt written administrative rules to enforce the provisions of this article, which rules shall have the force and effect of city law provided the rules are approved by the city attorney and ratified by the city commission. (Ord. No. 82-2316,§1) Sec. 20-27. Notice of violation; emergency action. If the City Manager believes that a licensee has engaged or is engaged in conduct warranting the suspension or revocation of a license, he shall notify the licensee by certified mail or hand delivery of the violation and provide a prior administrative hearing pursuant to section 20-28, unless the City Manager finds that an emergency condition exists involving serious danger to public health, safety or welfare, in which case advance notice and hearing shall not be required. In the case of an emergency suspension or revocation, the licensee shall immediately be advised of the City Manager's action and afforded a prompt post-suspension or revocation hearing in accordance with section 20-29 of this article. The notice shall be in writing and shall set forth the particulars of the violation and shall state the things required to be done to eliminate the violation if any. Service of such notice shall be by certified mail or hand delivery, addressed to the licensee at his business address, as disclosed in his application for the license. (Ord. No. 82-2316, 1; Ord. No. 82-2336, %2) Sec. 20-28. Hearing when licensee or permittee fails to comply with notice. If a licensee or permittee fails to comply with any notice issued as provided above, the City Manager or his designee may issue an order in writing to the licensee, by certified mail, notifying him to appear at an administrative hearing before the City Manager to be held at a time to be fixed in such order, which date shall be hot less than five days after service thereof. In the event a licensee fails to comply with a lawful order of the City Manager, the City Manager may order the closing of the offending business and enforce his order by action of Miami Beach Police Department. (Ord. No. 82-2316,M1) 40 MIAMI BEACH CITY CODE BUSINESS LICENSES Sec. 20-29. Hearing procedures. Upon order of the City Manager or upon the request of a person whose license has been denied or revoked or suspended by emergency order of the City Manager, or whose license has been threatened with denial, revocation or suspension by the City Manager, or upon the request of any other licensee or applicant affected by action of the city, a hearing shall be provided and conducted in the following manner: (a) The City Manager shall give written notice of the time and place of the hearing to the licensee and to the city attorney's office. (b) The proceedings shall be informal but shall afford the licensee the right to testify in his own defense, present witnesses, have legal counsel present, submit relevant evidence and cross-examine witnesses. (c) Within ten days of the close of the hearing the City Manager shall render his decision in writing determining whether or not the license shall be revoked or suspended or denied, or other action taken or continued, as the case may be, and stating his reasons and findings of fact. (d) The City Manager shall file his findings with the city clerk and shall send a true and correct copy of his order by registered mail, return receipt requested, to the business address listed on the occupational license or to any such other address as the licensee or applicant shall designate in writing. The City Manager's findings shall constitute the final administrative action of the City of Miami Beach for purposes of judicial review under Florida law. The standard of review shall be whether the City Manager's action or decision is supported by substantial competent evidence and whether the administrative hearing departed from the essential requirements of law. (Ord. No. 82-2316,%J.) SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase 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. EFFECTIVE DATE. This ordinance shall take effect ten (10) day after its adoption on August 6 , 1988, and be applicable October 1, 1988. PASSED and ADOPTED this 27th day of July , 1988. VICE A YOR 4'.‘111* Attest: 'i - - 2/11,{, FORM APPROVED City Clerk LEGAL DEPT, 1st Reading - July 13, 1988 2nd Reading - July 27, 1988 Date 7 42 8Q 41 • 4-I O O N Q. • cp • Lt- .i: . .V V • <V 4-I • 1 O • CO 4 H • H • Sa 'O • z 0 w ro . C H C.72a v C4 4 ,-4 u I •r-f 4J a-) }-i (-1-1 C O �B W N b •rl O 'C7U y rD <S, -u