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Ordinance 90-2721 ORDINANCE NO. 90-2721 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 41, ENTITLED "TAXATION", AMENDING SECTION 41- 58, ENTITLED "PENALTIES FOR VIOLATION OF ARTICLE," OF ARTICLE V, ENTITLED "RESORT TAX," BY PROVIDING THAT VIOLATIONS OF THE PROVISIONS OF CHAPTER 41 OF ARTICLE V MAY BE ENFORCED ACCORDING TO THE PROVISIONS OF CHAPTER 9B OF THE MIAMI BEACH CITY CODE; PROVIDING FOR REPEALER; 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 Section 41-58 , entitled "Penalties for Violation of Article" of Article V, entitled "Resort Tax" of Miami Beach City Code Chapter 41, entitled "Taxation" is hereby amended to read as follows: SECTION 41-58. PENALTIES FOR VIOLATION OF ARTICLE. Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this article shall be punished by a fine of not more than one thousand dollars, or be imprisoned in the city jail for not more than ninety days, or both, in the discretion of the court. As an alternative method of enforcement, any person, firm or corporation who violates or fails to comply with any of the requirements established by Article V of this Chapter and who fails to comply with a final order issued in accordance with this Article may be subject to enforcement procedures and penalties as set forth in Chapter 9B of this Code. Each day such violation shall exist shall constitute a separate violation. Any operator or other person who fails or refuses to register as required herein or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the finance director, or who renders a false or fraudulent return or claim, shall be guilty of a violation of this article and shall be punishable as aforesaid. Any person required to make, render, sign or verify any report or claim or who makes any false or fraudulent report or claim 1 with intent to defeat or evade the determination of any amount due required by this article to be made, shall be guilty of a violation of this article and shall be punishable as aforesaid. (Ord. No. 1727 , §3 . ) SECTION 2 . REPEALER That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 . SEVERABILITY If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4. EFFECTIVE DATE That this ordinance shall take effect ten (10) days after its adoption, on November 3 , 1990. PASSED AND ADOPTED this 24th day of October , 1990. ' A/ A vi,YOR ATTEST: . T )L.6 Cta E.7 FORM APPROVED 1)e... .s..6CITY CLERK LEGAL DEPT. 1st reading 10/10/90 2nd reading 10/24/90 By " 27.6 -- YG/yc Date /V,/79° • 2 4. OFFICE OF THE CITY ATTORNEY C8ffil 0';1‘,04/tivainl 1114!". F L O R I D A grk • LAURENCE FEINGOLD � �o, ' E 3 BOX 0 'CfTY ATTORNEY ''9CH_26'N, MIAMI BEACH, FLORIDA TELEPHONE 1305, 63-- TELECOPY ,305 c'3- --- COMMISSION MEMORANDUM NO. 54 / - (al 1Ca TO: ALEX DAOUD, MAYOR AND CITY OF MIAMI BEACH, MEMBERS OF THE COMMISSION FROM: LAURENCE FEINGOLD CITY ATTORNEY DATE: OCTOBER 10, 1990 SUBJECT: AMENDING CODE SECTION 41-58 RESORT TAX. The attached ordinance providing for penalties for violations of the Resort Tax Article in the Taxation Chapter is to be amended so that violations thereof may be subject to enforcement procedures pursuant to the new changes to Chapter 9B entitled "Code Enforcement" . The subject legislation is in proper form and thus ready for Commission review. LF/yc 96 AGENDA I [7 �— TEM ( M DATE �_.2_` t nogit • t • --i c'J I.4 N N 4J I a. O ca U O N - 6 O z W o rti U � ZH 4 z •H F-4 v O o : cd o o PG r4 it k •c c H bD T1 O a) •rl r-I "Cl +.r • •rl CU N