Ordinance 90-2700 ORDINANCE NO. 90-2700
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 20, BUSINESS LICENSES, BY THE REVISION OF
SECTION 20-11 (26) PROVIDING FOR AN INCREASE IN THE
LICENSE FEES FOR BEACHFRONT CONCESSION OPERATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach approved a beachfront
concession plan pursuant to City Commission Resolution No. 82-17152
approved October 6, 1982 ; and
WHEREAS, the City of Miami Beach established a new category
for occupational licenses for Beachfront Concession Operations,
pursuant to City Ordinance No. 83-2353 , effective January 15, 1983 ,
which established the fee per activity per location at $365. 00; and
WHEREAS, Chapter 205. 043 (1) (b) , Florida Statutes provides
that increases in occupational license taxes must be limited to 25
percent per increase; and
WHEREAS, the City of Miami Beach last increased the Beachfront
Concession fee in September of 1989 pursuant to City Commission
Ordinance No. 89-2658 ; and
WHEREAS, the City of Miami Beach continues to incur increased
expenses in connection with monitoring compliance with the above
mentioned beachfront concession plan; and
WHEREAS, the City of Miami Beach must provide for occupational
license fees,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1:
That Sections 20-11 of Chapter 20 be amended by a revision to
Section 20-11 (26) to read as follows:
Beachfront Concession Operations.
(a) per activity per location $456. 25 $5701
SECTION 2 : REPEALER
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3: SEVERABILITY
If any article, section, subsection, sentence, clause, phrase or
portion of this ordinance is, for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not effect the validity of the
remaining portions of this ordinance.
SECTION 4: EFFECTIVE DATE
This ordinance shall take effect ten (10) days after adoption in
accordance with law, on August 4 , 1990.
PASSED and ADOPTED this 25th day of July , 1990.
//OP
MAYOR
ATTEST:
CITY CLERit?-12
1st reading 7/11/90
2nd reading 7/25/90
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FORM APPROVED
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S*iiNCORP Owup, ••VA CA TIONLANU 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.•36' I I(,'
DATE: July 11, 1990
TO: Mayor Alex Daoud and
Members of the Ci y ommission
FROM: Rob W. Parki s '‘"'"`"6-41--
City
‘'Y'•`"tY4uCity Manager G
SUBJECT: AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 20,
BUSINESS LICENSES, PROVIDING FOR AN INCREASE IN THE LICENSE
FEES FOR BEACHFRONT CONCESSION OPERATIONS
HISTORY
Pursuant to City Commission Resolution No. 82-17152 , the City
Commission approved a Beachfront Concession Plan under which the
following kinds of activities were authorized on the beachfront:
1. Food and beverage service
2 . Beach equipment (e.g. lounges and cabanas)
3 . Water recreational activities
Subsequently, the City established a new category of occupational
licenses for beachfront concession operations, pursuant to Ordinance
No. 83-2353 , effective January 15, 1983 . This ordinance established
the fee per activity per location at $365. 00, which fee remained in
effect for nearly seven (7) years.
Costs associated with administration of the beachfront concession
plan and the licensing mechanism have continued to increase as the
number of concessionaires has increased, justifying an increase in
the license fee. During the current fiscal year, sixty-five (65)
licenses have been issued to provide one of the services referenced
above and generating approximately $29, 650. 00 in fees. Increases in
occupational license fees, pursuant to 205. 043 (1) (b) Florida
Statutes, may be increased no more than 25% at any one time.
The last increase was approved in September of 1989, when the fee was
increased from $365. 00 to $456. 00 pursuant to City Commission
Ordinance No. 89-2658 . Accordingly, an increase of 25% to the
existing license fee will result in an adjustment of the fee from
$456. 25 to $570. 31.
Under the proposed schedule the fees are expected to generate
approximately $37 , 040. 00. Because 25% of all revenues generated from
beachfront concessions must be remitted to the Florida Department of
Natural Resources, this fee increase is projected to generate an
additional $5, 500 for the General Fund.
ADMINISTRATION RECOMMENDATION
The City Administration recommends that the City Commission approve
the attached ordinance amending the Miami Beach City Code to provide
for an increase in the occupational license fee for Beachfront
Concession Operations from $456. 25 to $570. 31. •
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