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Ordinance 90-2692 ORDINANCE NO. 90-2692 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, FLORIDA, ENTITLED 'BUSINESS LICENSES", AMENDING SECTION 20-3 TO PROVIDE FOR 30 DAY TIME LIMITATION FOR GRANTING OR DENIAL OF LICENSES: AMENDING SECTION 20-10 BY CREATING SUBSECTION (b)(6) PROVIDING FOR DENIAL OF LICENSES FOR FAILURE TO OBTAIN A CERTIFICATE OF USE PURSUANT TO CHAPTER 8 OF THE MIAMI BEACH CITY CODE; AMENDING ARTICLE II THEREOF TO PROVIDE FOR THE SUSPENSION, REVOCATION AND DENIAL OF LICENSES AND PERMITS; AMENDING SECTION 20-25 "GROUNDS FOR SUSPENSION OR REVOCATION" TO INCLUDE GROUNDS FOR DENIALS AS WELL; AMENDING SECTION 20-29 "HEARING PROCEDURES", BY PROVIDING CITY MANAGER REVIEW, BOARD OF ADJUSTMENT REVIEW, ADMINISTRATIVE RULINGS AS FINAL; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Section 20-3 of Article I, Chapter 20 of the Code of the City of Miami Beach, said chapter entitled "Business Licenses", is hereby amended to read as follows: Section 20-3 - Duration and expiration date; time limitation for granting or denial; 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. License(s) shall be granted or denied within a period of 30 days from the date of application submittal. A business license may be transferred with the business within fifteen 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 fifteen days of the bona fide sale or lease then the complete annual payment is due. 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 city manager or his designee with a transfer fee of three dollars and a zoning fee of ten dollars. The 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, Sec. 1; Ord. No. 88-2625, Sec. 1) SECTION 2: That Section 20-10(b) of Article I, Chapter 20 of the Code of the City of Miami Beach, said chapter entitled "Business Licenses", is hereby amended to read as follows: Section 20-10 - Application procedures; grounds for denial. * * * (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- i (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 engage 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. (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. (Ord. No. 82-2316, Sec.l; Ord. No. 88-2625, Sec. 1.) (6) That the a.blicant has failed to obtain a Certificate of Use as required by Chapter 8 of the Miami Beach City Code. SECTION 3: That Article II of Chapter 20 of the Code of the City of Miami Beach entitled "Business Licenses", is hereby amended to read as follows: ARTICLE II SUSPENSIONS AND REVOCATION AND DENIAL OF' LICENSES AND PERMITS SECTION 4: That Section 20-25 of Article II, Chapter 20 of the Code of the City of Miami Beach said chapter entitled "Business Licenses", is hereby amended to read as follows: Section 20-25 Grounds for suspensioniee revocation and denial - 1. 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 and 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. {g) The 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 at the licensee's premises. (h) 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-, or illegally dealing in narcotics-, ell any efirke,. 84:fie Pefiee4Rg en 13r'e4essterialr ehatae+erg. (1) 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 or unfit for human occupancy. (j) The licensee's premises have been found to constitute a public nuisance by the Nuisance Abatement Board. -2- 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 then twelve months. 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, 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. The city manager shall deny a_ license to any person as provided by Section 20-10 herein SECTION 5: That Section 2029 of Article II, Chapter 20 of the Code of the City of Miami Beach, said chapter entitled "Business Licenses," is hereby amended to read as follows: Section 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. 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 shall be refunded. The hearing shall be conducted in the following manner: (a) City Manager-Review (a) (1) Other than as set forth in (14 hereinbelow, Tthe City Manager or his designeTT1M1 give written notice of the time and place of the hearing to the licensee and to the city attorney's office. (b) (2) 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. (e) (3) Within ten days of the close of the hearing the City Manager or his designee shalt 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) (4) 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 findings ek►ak Ee119441 a The #+eak adrnini 4rative aetteR at The Ci-ty e€ Miami. Beaek ter pereasee e# }446e+a4 review tinder F#ea Law? The standard et Pewiew shall be wbe#ger The ei4y reanagerxe Oft hie des}gReele ae4ien e. dee.lien +s stipper4ed by stibs4antia# eeriape4eR4 eve#eAee and whe4her kse adrv►t4s4ra4ive heaf+Ag depeF*ee #rerxa The eseen4tak reeti+rereeR4s of draw, 48rd. Na* 82-2446, See* 4 (b) Board of Adjustment Review Denial of a license for lack of proper zoning shall be appealable to the Board of Adjustment pursuant to Section 16-7A.i. of the Citi of Miami Beach Zonin Ordinance 89-2665. Adminstrative Rulings as Final The_ _City Manager's/Board of Adjustment's findinZs shall constitute the final adrninistrative action of the Cit of Miami Beach for purposes of judicial review under Florida law. The standard of review shall be whether the City Manager Board of Ad'ustment's action or decision is supported by substantial competent evidence and whether the adm istrative hearing departed from the essential requirements of law. 3 SECTION 6: REPEALER All ordinances or parts in conflict herewith be and the same are hereby repealed. SECTION 7: 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 8: EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption, on April 28, 1990. PASSED and ADOPTED this 18th day of April - , 1990. yr ' A Attest: .M.CW;J_ >Th i43.-/A4A/ CITY CLERK 1st Reading - 4/4/90 2nd Reading' 4/18/90 LF/DW/pb FORM APPROVED LEGAL DEPT By - ,! Date 1' a r OFFICE OF THE CITY ATTORNEY ,„10,1 ft , iv F L O R 1 D A LAURENCE FEINGOLD ric.'Pk�c%) P O. BOX C CITY ATTORNEY �H26' MIAMI BEACH. FLORIDA 331'9-203: • TELEPHONE 1305)673-7409 TELECOPY 13051 673-7002 COMMISSION MEMORANDUM #190 -6/0 DATE: 4 April 1990 TO: MAYOR ALEX DAOUD and MEMBERS OF THE CITY COMMISSION ROB W. PARKINS - City Manager FROM: LAURENCE FEINGOLD City Attorney SUBJECT: AMENDING ARTICLES I AND II OF CHAPTER 20 - BUSINESS LICENSES - CITY OF MIAMI BEACH A recent Supreme Court decision mandates the enactment of licensing requirements providing for the granting or denial of governmental licenses to applicants within a "reasonable" time period; the time period should be long enough to enable necessary administrative review. Thus, Chapter 20 of the Miami Beach City Code governing "Business Licenses" has been amended to establish a 30 day administrative review period of license applications, which time frame has been recommended and approved by the various City department heads responsible for the licensing approval or denial. Another portion of the Supreme Court decision requires that local governments inform applicants as to appeal procedures available to them when their license application(s) have been denied; this requirement has been satisfied by the amendment of Section 20-29 amplifying on the provisions concerning appellate procedures upon license denial. The attached Ordinance amending Chapter 20 of the Miami Beach City Code, said chapter governing Business Licenses, is thus ready for Commission review. 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