Ordinance 89-2657 ORDINANCE NO. 89-2657
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ARTICLES I AND II OF CHAPTER 20
OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED BUSINESS
LICENSES, PROVIDING FOR CLARIFICATION OF FEES BY ADDITION
OF CLASSIFICATIONS, PROVIDING FOR THE AUTOMOBILE
CATEGORY TO ENCOMPASS TRUCKS, PROVIDING FOR BOAT
DEALER (NEW), PROVIDING FOR SECONDHAND DEALER IN BOATS,
PROVIDING FOR FAX SERVICES, PROVIDING THE CITY MANAGER'S
DESIGNEE AUTHORITY TO SUSPEND OR REVOKE LICENSES AND
PERMITS AND TO PRESIDE OVER ADMINISTRATIVE HEARINGS AND
RENDER WRITTEN DECISIONS, PROVIDING FOR THE REVOCATION
OF THE LICENSE OF ANY ESTABLISHMENT THAT HAS BEEN FOUND
TO CONSTITUTE A PUBLIC NUISANCE BY THE NUISANCE
ABATEMENT BOARD, PROVIDING FOR ADMINISTRATIVE HEARING
FEE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1
That Article I (C) and Article II Sec.,20-25 through and including Sec. 20-29
of Chapter 20 of the Code of the City of Miami Beach, said Chapter entitled
"Business Licenses," are hereby amended to read as follows:
ARTICLE I. BUSINESS LICENSES.
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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:
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(17) AUTOMOBILE EaFs/TRUCK,
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(h) Dealer (new vehicles), $327.50
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(34) BOATS AND SHIPS (All Charter Boats will require a Captain with
appropriate marine licenses.)
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(jl Boat dealer (new) $327.50
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(170) SECONDHAND DEALERS
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Al In boats $281.25
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(188) TELEGRAPH COMPANIES
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Fax Service $185.94
(1)
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ARTICLE II. SUSPENSION AND REVOCATION OF LICENSES AND PERMITS.
****
Sec. 20-25. Grounds for suspension or revocation.
The City Manager or his designee shall either revoke or temporarily suspend the
license of any person where it is determined by the City Manager or his designee 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 ndtification thereof.
(Ord. No. 82-2316,%1.)
4g; A public lodging establishment eF public feed service establishment has operated
OF ks operating in v4elatieR of any of the pFeV&ORS e€ this cllaptAF OF the rules of
the eityt such public ledging establishment OF public feed service establishment
shall remain closed while its license is suspended AF FevekedT
(141g1 The epeFateF of any public ledging establishment OF public feed service
essablishmeRt licensee, as part of the licensee's business activity within the City
of Miami Beach knowingly lets, leases, or gives space for unlawful gambling
purposes OF that uRlaw€ul gaRibliRg i& to be eaFFied eR iR such establishment OF in
eF upoR any premises which are used in eeRRectieR withr and are uRdeF the same
charge, eeRtFe4T eF management as, such establishment, at the licensee's
premises. The suspeRsieR OF Fevecati9R shall be of the license in effect at the
date of such suspension eF revocation,. even though it may have been issued to a
licensee ether than the peFSeR who held the license at the time the cause for
such SNSpeRslOR OF FevecatieR arose,
(4)11‘1.) Any peFseR interested in the epeFatieR ef any public lodging establishmenty OF
public feed service establishment The licensee 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.
423 Such establishment has The premises have 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 or
unfit for human occupancy.
The licensee's premises have been found to constitute a public nuisance by the
Nuisance Abatement Board.
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.
No license shall be suspended under this section for a period of more than 12 months.
At the eRd of such period of suspension, the establishment may apply for
reinstatement OF renewal of the license, A public ledging establishment OF public feed
service establtshmeRt7 the license of which is evoked may net apply €eF aRetheF
license prier to the date which the revoked license weuld 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 interestedi for any premise during the term of such suspension or
revocation. At the end of such period of suspension or revocation the licensee,may
apply for a new license.
(2)
Netiee e€ *AteAded sHspeAsieR eF FeveeatieR uRdeF paPagFaph 44 shall be given within
60 days of#eF the ase feF sispeAsiei OF FeveeatieR aFisesT
Ne peFseA shall be eRtiticd to the issuaAee of a 4ieease feF aAy pdbl-i� ledg+Ag
establishmeRt OF public feed seFviee establishmeAt except fA the disEFet4eR of the City
MaAageF when he has Aetified the euFFeat fieeAsehe4deF feF such pFemises that
FeveeatieR AF suspeRSieA pFeeeedhRgs have been AF will be bFeight agaiist such EHFFeRt
li'EeRsee based HpeR aAy garebfiAg, AaFeeties;eF pFestttUtieA Felated ehaFgeT
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 or his designee believes that a licensee has engaged or is engaged
in conduct warranting the suspension or revocation of a license, he shall Aetify serve
the licensee by certified mail or hand delivery � at his business address as disclosed in
his application for the licenser of the vielatiett and pFevide a written administrative
complaint which affords reasonable notice to the licensee of facts or conduct which
warrant the intended action. The complaint shall state what is required to be done to
eliminate the violation if any.
The licensee shall be given adequate opportunity to request a prior administrative
hearing pugs ant to seetieR 20-28T as specified hereinbelow‘ 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.
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 or
his designee to be held at a time to be fixed in such order, which date shall be not less
than five days after service thereof. In the event a licensee fails to comply with a
lawful order of the City Manager or his designee, the City Manager or his designee
may order the closing of the offending business and enforce his order by action of
Miami Beach Police Department. (Ord. No. 82-2316, %1)
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 his designee, or upon the request of any other licensee or applicant affected by
action of the city, a hearing shall be provided. and eeRdueted lA the fe4lew+Ag
maRAeF* There will be a $50.00 fee for a hearing in order to defray administrative
expenses. If the licensee or applicant prevails in his appeal, the entire administrative
hearing fee will be refunded. The hearing shall be conducted in the following manner:
(a) The City Manager or his designee 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 or his
designee 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.
(3)
•
(d) The City Manager or his designee 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 MaRage1is 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 or his designee'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, M)
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) days after its adoption, on
September 30 , 1989.
PASSED and ADOPTED this 20th day of S-ptember , 1989
1,i
MO'
Attest: I RM APPROVED
LEGAL .
City Clerk By ��;
1st reading 9/6/89 V.
•-13-4
2nd reading 9/20/89 Date
Words which are underlined are additions to the existing ordinance;
Words which are typed ever are deletions from the existing ordinance.
(4)
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MTE4� FLORIDA 3 3 1 3 9�Q.
y.i*AND
1*' "VA CATIONLAND U. S. A. "
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. R2- 9 U--1- -`Q,
DATE: September 6 , 1989
TO: Mayor Alex Daou• . •
Members oft • ity Commiss'•n
ler •�� ,
FROM: Rob W. Parkin-
City Manager , I
SUBJECT: AN ORDINANCE AMENDING BUSINESS LICENSE CHAPTER 20
OF THE MIAMI BEACH CITY CODE
The existing ordinance passed in July 27 , 1988 ,
requires a minor update .
This amendment will provide clarification by
addition of classifications with no adjustments
to the fee schedule .
This amendment provides for the powers and duties
of the City Manager ' s designee with respect to
administrative hearings , for suspension and
revocation .
This amendment also provides for revocation of
the occupational license when the Nuisance Abatement
Board closes a business or a building .
ADMINISTRATION RECOMMENDATION :
Adopt this ordinance which provides for clarification
of the fee schedule , allows for the City Manager ' s
designee to preside over administrative hearings and
provides for revocation of occupational license after
after by the Nuisance Abatement Board .
RWP/mas
• 3
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