Ordinance 77-2098 ORDINANCE NO. 77-2098
AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE
OF THE CITY OF MIAMI BEACH SO AS TO PROVIDE
FOR THE ISSUANCE OF ANNUAL LICENSE PERMITS
FOR THE OPERATION OF PREPAID TRANSPORTATION
FOR THE PURPOSE OF PROVIDING PREPAID TRANS-
PORTATION FOR MEMBERS OF PREPAID PACKAGE
TOURS TO RECOGNIZED TOURIST ATTRACTIONS AND
PROVIDING FOR PASSAGE AS AN EMERGENCY MEASURE .
WHEREAS, the tourist industry has evolved and created on
a large scale a concept commonly called prepaid "package tours"
wherein and whereby a varying number of individuals obtain trans--
poration, traveling accommodations and sightseeing trips for, and
upon the payment of, a single, all inclusive price, and
WHEREAS , the said concept of prepaid "package tours" has
been highly successful not only in Europe, but particularly in
South America, and
WHEREAS, said prepaid "package tour" agencies and operators
have been highly successful because their tours include travel to
the State of Florida, including the City of Miami Beach, room
accommodations, sightseeing trips and the supplying of tour guides
fluent in the language of the members of said prepaid "package
tour," and
WHEREAS , the City Council of the City of Miami Beach has
found and determined that it is in the public interest of the City
of Miami Beach to aid, assist and encourage the sale of said
prepaid "package tours" to the City of Miami Beach from South
America and Europe because of the resultant influx of tourists
during the summer months, and
WHEREAS, the City Council of the City of Miami Beach has
further found and determined that the providing for and authorizing
of transportation for the members of such prepaid "package tours"
is mandatorily required in order to promote the best interests of
the City of Miami Beach and its citizens;
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1: That Chapter 42 of the Code of the City of Miami Beach be
and the same is hereby amended so as to provide for a
new Article to be numbered and to read as follows :
"ARTICLE IV
Section 42-78 .
That any registered and licensed tour agency located
within the City of Miami Beach which sells, or offers
to sell, prepaid "package tours" outside the continen-
tal limits of the United States and which prepaid
"package tours" provide for temporary, transient
tourist accommodations in hotels in the City of Miami
Beach, and which also provide for sightseeing tours
in the City of Miami Beach, and its environs, and
accompanied by a tour guide who is fluent in the
language of the members comprising such prepaid
"package tour" shall be entitled to apply for and
obtain from the City Council permits for the operation
of not more than two motor vehicles having a capacity
of not less than nine persons, excluding the driver.
•
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
Section 42-79 .
An application for a permit shall be prepared in
writing and filed by the applicant, or his duly
authorized representative. The application shall
be on a form approved by the City Manager and shall
follow, in substance, the form prescribed by Section
42-92 of this Chapter, except that the amount of
insurance required shall be $100 , 000/$300 ,000
liability insurance coverage; and $40, 000 uninsured
motorist' s risk coverage. A copy of the insurance
policy shall be kept on file with the Miami Beach
Police Department Transportation Bureau and shall
provide for a 30 day cancellation notice. The
vehicles authorized to be operated hereunder shall
be subject to inspection for compliance with State
safety requirements not less than twice a year.
Such inspection shall be made by the Miami Beach
Police Department Transportation Bureau. The City
Council finds and determines that public convenience
and necessity requires that the number of licenses
issued under this article shall be limited to two
permits to each tour agency and that the total number
of licenses hereunder shall not exceed thirty-eight.
Section 42-80.
Upon approval of an application for a permit by
the City Council, a permit shall be issued by the
City Manager or his designated representative, which
form of permit shall be substantially in accordance
with the form prescribed by Section 42-95 of this
Chapter and which permit shall specifically require
that the vehicles licensed thereunder shall be used
exclusively for transporting persons in said prepaid
"package tour" from the City of Miami Beach to the
enumerated tourist attractions specified in said pre-
paid "package tour" as sold to such persons and return;
and to no other place or location. Such permits shall
specifically recite that said motor vehicles shall
not be used for the transportation of persons included
in said prepaid "package tours" from any hotel or
other place in the City of Miami Beach to the airport,
seaport or other port of entry or departure or to any
other area for business or shopping purposes. Motor
vehicles authorized hereunder must be owned by, or be
leased by said prepaid "package tour" agency for a
period of not less than one year under a valid, bona
fide lease contract.
Section 42-81.
All permits granted under this Article shall expire
October 31 of every year and shall not be assignable
to any other person, firm or corporation. It shall
be unlawful for any person to operate any motor
vehicle for the purposes enumerated in this Article
after the revocation or expiration of such permit.
Section 42-82 .
The City Manager shall, upon the submission of proof
of the permittee ' s failure to fully comply with the
provisions of this Article, revoke any permit granted
pursuant to this Article.
- 2 - •
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
Section 42-83 .
All vehicles for which a permit has been obtained
under this Article shall display appropriate insignia
conspicuously displayed on both sides thereof the name
of the tour agency operating the same, in permanent
letters not less than four (4) inches in height desig-
nating it as a prepaid "package tour agency" vehicle
and setting forth the name and the address of the tour
agency by which such transportation is being rendered.
These permanent letters and all appropriate markings
are to be in contrasting colors to the color of the
vehicle. The motor vehicles herein provided for shall
also post in a prominent place in the interior thereof
a placard containing the following information: (1)
the name of the operator or persons in charge of said
vehicle; (2) the name of the tour agency by whom the
same is being operated; (3) the name and location of
the tourist attraction to which said vehicle may be
driven; and (4) an express statement advising the
passengers therein that it is authorized to carry
as passengers only those persons who are members of
a specified prepaid package tour; the destinations
to which said vehicle is authorized to travel; and
advising all passengers that said vehicle is not
authorized to make any intermittent stops to dis-
charge or take on passengers.
Section 42-84 .
The drivers or operators of the vehicles authorized
to be operated hereunder shall meet and comply with
the requirements of the City of Miami Beach imposed
upon persons authorized to operate taxicabs within
the City of Miami Beach.
Section 42-85.
Nothing herein contained shall be applicable to or
shall the same be intended to be construed as being
applicable to the picking up of passengers at any
United States port of entry, if such activity or
operation shall be otherwise authorized or permissible.
Section 42-86.
Each application for a permit under this division
shall be accompanied by a certified check for $275. 00
made payable to the city, representing the fee for such
permit when granted. "
SECTION 2: All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
SECTION 3 : That the City Council of the City of Miami Beach, Florida
having found and determined that a public emergency exists
affecting life, health, property or public safety, this Ordinance is,._ .
hereby adopted as an emergency measure and shall go into effect imme- ,
aiately upon its passage.
passed and .Adopted this 3rd day of August, 1977i
r
Mayor
Attest:
-16:, ,,_,; '5.; ea,e,46,41.04,,
City Clerk
- 3 - s •
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33130
L 1 1-
0
0 L (0
4- L 0 +., 0
0 4- L 4_, -p >
4- ^0 C U
4) C 0 N (Q C
'II cn 0 cn O 1)
4 C (0 N O
•>•- 4-1 (0 -G` C 1-
OE
OE (o L U00
L L .4J {.i (0 .- E
CO 0-N L a 4_a )
rn d O no U
O 0 Q•- -C (o C
N +J (1) V) 0 •- L (0
I ^V) C Q.. (0 4-)
C (0 N O.4-1 to
< 'p Q) L L N (0 (0
Z O U f- Q 1-
-
— . U.- Q+-t N
O J -p Cr) (n
- Z cC) •- C 4- •- CO
•- CO•- 0 1- V1
O W U (0 p-,"p 7 to
(__) 7 N•- (n 0 (0
Z C L > L .N t1
Q N C O 0 0
Z (0 L .,.Q "a s-
-
— • 4- O E N 0
0 .-r'+- 0 N N 4-
(z Q 0 4- E --
0 (U C O C Cr)
-C 4) 0 1- O't C -.
V U •- 0 0 0•- N
• C .0 V) 4- U"D S-
(0
(o (0 O N•-
C L 0_ C L > V7
N VI N L 0 0 co
Ecn aD •- O L 0
<•- 0 Q 4-+ +-s 0 E