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Ordinance 78-2121 ORDINANCE NO. 78-2121 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESORT TAX PRO- ' VISIONS OF THE CITY CODE; AMENDING THE DEFINITION OF "PERMANENT RESIDENT" IN SECTION 41-45; DEFINING THE TERM "RESPONSIBLE OFFICER; " AMENDING SECTION 41-49 TO REQUIRE OPERATORS TO REGISTER WITHIN FIF- TEEN DAYS OF COMMENCING BUSINESS; PROVIDING THAT THE TAX BE REMITTED TO THE CITY ON OR BEFORE THE 20TH DAY OF THE MONTH FOLLOWING THE MONTH OF COLLECTION; CREATING A NEW SECTION PROVIDING FOR ESCROW OF TAX COLLECTIONS AND AUTHORIZING THE FINANCE DIRECTOR TO PROMULGATE REGULATIONS WITH RESPECT TO SAME; CREATING A NEW SECTION OF THE CITY CODE PROVIDING FOR THE LIABILITY OF RESPONSIBLE OFFICERS AND PROVIDING THAT UPON THE TAX BECOMING DELINQUENT, SAME SHALL BE A LIEN UPON SUCH RESPONSIBLE OFFICER' S PROPERTY; AMENDING THE PENALTY PROVISIONS OF SECTION 41-51 OF SAID CODE; CREATING LIENS FOR DELINQUENT TAX; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDI- NANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That portion of Section 41-45 of the Code of the City of Miami Beach, Florida, which reads : "PERMANENT RESIDENT. Any person who, on February 1, 1967 or thereafter, is a qualified voter of the city or who, on such date, or thereafter, meets the requirements of residence as a voter of the city. " be and the same is hereby amended to read: "PERMANENT RESIDENT. Any person who, on February 1, 1967 or thereafter, has resided in the city of Miami Beach, Florida, for eleven consecutive months or longer. " SECTION 2 : That Section 41-45 of the Code of the City of Miami Beach, Florida, be and the same is hereby amended by inserting the following definition in said section immediately after the definition of "RENT" : "RESPONSIBLE OFFICER. Any person or persons including, but not limited to, the officers of a corporation, any stockholder in a corporation con- trolling fifty-one percent or more of the voting stock of said corporation, or any officer, employee, partner or agent of an operator who has authority to sign checks drawn on, or make withdrawals from, any bank account of such operator into which reve- nues from transactions subject to resort tax have been deposited, regardless of whether such author- ity is actual or constructive. " • OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 SECTION 3 : That Section 41-49 of the Code of the City of Miami Beach, Florida, which reads : "Sec. 41-49 . Resort tax registration certificate. Within thirty days after the effective date of this article, or within thirty days after com- mencing business, whichever is later, each oper- ator of any hotel, motel, rooming house, apartment house or restaurant shall register such hotel , motel, rooming house, apartment house or restau- rant with the city finance director and obtain from him a "Resort Tax Registration Certificate" to be at all times posted in a conspicuous place on the premises. Such certificate shall, among other things, state the following: (1) The name of the operator; (2) The address of the hotel , motel , rooming house, apartment house or restaurant; (3) The date upon which the certificate was issued; (4) "This ' Resort Tax Registration Cer- tificate' signifies that the person named on the face hereof has fulfilled the requirements of the Resort Tax Ordinance by registering with the Finance Director for the purpose of collec- ting from occupants or guests the Resort Tax and remitting said tax to the Finance Director. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel, motel, rooming house, apart- ment house or restaurant without strictly com- plying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department, or office of this City. This certificate does not constitute a permit. " The operator shall pay a registration fee of one dollar to the finance director at the time of registration. This registration certificate shall not be • assignable or transferable and each new operator shall be required to obtain a new registration certificate. " be and the same is hereby amended to read: "Sec. 41-49. Resort tax registration certificate. Within thirty days after the effective date of this article, or within fifteen days after com- mencing business, whichever is later, each oper- ator of any hotel , motel, rooming house, apartment house or restaurant shall register such hotel , motel, rooming house, apartment house or restau- rant with the city finance director and obtain from him a "Resort Tax Registration Certificate" to be at all times posted in a conspicuous place on the premises. Such certificate shall, among other things, state the following: - 2 - • OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 (1) The name of the operator; (2) The address of the hotel, motel, rooming house, apartment house or restaurant; (3) The date upon which the certificate was issued; (4) "This ' Resort Tax Registration Cer- tificate ' signifies that the person named on the face hereof has fulfilled the requirements of the Resort Tax Ordinance by registering with the Finance Director for the purpose of collec- ting from occupants or guests the Resort Tax and remitting said tax to the Finance Director. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel , motel, rooming house, apart- ment house or restaurant without strictly com- plying with all local applicable laws , including but not limited to those requiring a permit from any board, commission, department, or office of this City. This certificate does not constitute a permit. " The operator shall pay a registration fee of one dollar to the finance director at the time of registration. This registration certificate shall not be assignable or transferable and each new operator shall be required to obtain a new registration certificate. " SECTION 4 : That Section 41-50 of the Code of the City of Miami Beach, Florida, which reads: "Sec. 41-50. Reports and remittances. Each operator shall, on or before the last day of the month following the close of each calendar month or at the close of any longer reporting period which may be established by the finance director with the approval of the city manager make a return to the finance director on forms provided by the finance director, of the total rents or sales prices • charged and received and the amount of tax collected. At the time the return is filed, the full amount of the tax collected shall be remitted to the finance director. The finance director may with the approval of the city manager establish shorter reporting periods for any certificate holder if he deems it necessary in order to insure collection of the tax and he may require further information on the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this article shall be held in trust for the account of the city until payment thereof is made to the finance director. " be and the same is hereby amended to read: - 3 - • OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 "Sec. 41-50. Reports and remittances. Each operator shall, on or before the twentieth day of the month following the close of each calendar month or at the close of any longer reporting period which may be estab- lished by the finance director with the approval of the city manager make a return to the finance director on forms provided by the finance director, of the total rents or sales prices charged and received and the amount of tax collected. At the time the return is filed, the full amount of the tax collected shall be remitted to the finance director. The finance director may with the approval of the city manager establish shorter reporting periods for any certificate holder if he deems it necessary in order to insure collec- tion of the tax and he may require further information on the return. Returns and pay- ments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this article shall be held in trust for the account of the city until payment thereof is made to the finance director. " SECTION 5 : That Chapter 41 of the Code of the City of Miami Beach, Florida, be and the same is hereby amended by creating a new Section to be designated Section 41-50 . 1, which shall imme- diately follow Section 41-50 and which shall read as follows : "Sec. 41-50. 1. Escrow of Tax. "Whenever any operator has been delinquent by more than ten days in the remittance of resort tax to the city as required by this article, the finance director may require said operator to escrow resort tax collections on a daily basis or such other basis as he deems appropriate through the use of a depository receipt system or escrow account through any national or state bank located in Dade County if he deems such requirement neces- sary to secure the payment of the tax. The finance director is authorized to promulgate such regulations as are necessary to effectuate the provisions of this section. Said regulations shall not be effective until approved by the City Manager, filed with the City Clerk, and notice of such pro- mulgation shall have been published once in a news- paper of general circulation in the county. " SECTION 6: That Chapter 41 of the Code of the City of Miami Beach, Florida, be and the same is hereby amended by creating a new section to be designated Section 41-50 . 2 , which shall immedi- ately follow Section 41-50. 1 and which shall read as follows : "Sec. 41-50. 2 . Liability of Responsible Officer. In the event any operator shall fail to deposit resort tax funds through a depository receipt system or escrow account, if required by the finance director, or if any operator shall fail to pay resort tax to the city when due, then in addition to the liability, imposed - 4 - • OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 upon the operator, all responsible officers of such operator shall be liable for the payment of the tax and all penalties and interest which shall accrue thereon. The liability of each such responsible officer shall be joint and several with the liability of the operator and of each other such responsible officer of said operator. Upon the tax imposed by this article becoming delinquent, the same shall constitute a lien upon the property, real and personal, of such responsible officer as if such officer were the operator. The finance director may file a notice of lien with re- spect to the property of such responsible officer, as if such officer were the operator. " SECTION 7 : That Section 41-51, Subsection (a) , of the Code of the City of Miami Beach, Florida, which reads : " (a) ORIGINAL DELINQUENCY. Any operator who fails to remit any tax imposed by this article within the time required shall pay a penalty of ten per cent of the amount of the tax in addition to the amount of the tax. " be and the same is hereby amended to read: " (a) ORIGINAL DELINQUENCY. Any operator who fails to remit any tax imposed by this article within the time required shall pay a penalty of five per cent of the amount of the tax in addition to the amount of the tax. " SECTION 8 : That Section 41-51 , Subsection (b) , of the Code of the City of Miami Beach, Florida, which reads : " (b) CONTINUED DELINQUENCY. Any operator who fails to remit the tax on or before the thirtieth day following the date on which the tax first became delinquent shall pay a second delinquency penalty of ten per cent of the amount of the tax in addition to the amount of the tax and the ten per cent penalty first imposed. " be and the same is hereby amended to read: " (b) CONTINUED DELINQUENCY. Any operator who fails to remit the tax on or before the thir- tieth day following the date on which the tax first became delinquent shall pay a second delin- quency penalty of five percent of the amount of the tax in addition to the amount of the tax and the five percent penalty first imposed. An additional penalty of five percent of the amount of the tax shall be paid for each additional thirty day period or part thereof during which the tax shall be delinquent, provided that the total penalty imposed by subsection (a) and this subsection shall not exceed twenty-five percent of the amount of the tax. Said penalty shall be in addition to the tax and interest imposed by this article. " - 5 - r OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 SECTION 9 : That Chapter 41 of the Code of the City of Miami Beach, Florida, be and the same is hereby amended by creating a new Section to be designated Section 41-57. 1, which shall imme- diately follow Section 41. 57 of said Code and which shall read: "Sec. 41-57. 1. Liens for Tax. If any operator shall neglect or refuse to pay resort tax after the tax is due and demand for same has been made upon said operator, the amount (including any interest or penalty, to- gether with any costs of collection that may accrue in addition thereto) shall be a lien in favor of the City of Miami Beach upon all prop- erty and rights to property whether real or personal of such operator. Said lien shall con- tinue in full force and effect until liability for the amount of tax is satisfied or becomes unenforceable by reason of lapse of time. The finance director or his authorized deputy may issue a notice of lien and cause same to be recorded with the Clerk of the Circuit Court. Said lien shall secure the tax due as of the date of its filing, together with such fur- ther tax as may become delinquent prior to the time said lien shall be released by the finance director. The notice of lien shall state the amount of tax due or estimated to be due as of the date of filing, but the amount stated therein shall not preclude the City from enforcing the lien up to the full amount of tax which may become due. Upon recording, the amount stated in such notice of lien shall become a perfected lien upon the delinquent operator' s real property. Said notice shall also perfect a lien upon any personal property of the operator located within Dade County upon service of a copy of same on any per- son having custody or possession of any personal property of the operator. Thereafter, such person shall be liable to the City if he fails to hold said property for the use and benefit of the City of Miami Beach pending foreclosure of said lien. " SECTION 10 : SEVERABILITY. If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of this Ordinance as a whole or any part of the provisions thereof other than the part so declared to be invalid, it being the sense of the City Commission that it would have passed each such section, paragraph, subdivision, clause, phrase or provision of this Ordinance independent of all other clauses of same. SECTION 11 : All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 12 : This Ordinance shall go into effect upon its passage in accordance with law. PASSED and ADOPTED this 3rd . y of May , 1978 . dif Attest: ' Ice Mayor 4---e642 City Clerk 1st Reading - April 19, 1978 2nd Reading - May 3, 1978 - 6 - • OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 K U) 4- a) O L C O •— Cl.C a) U) a) • U a).0 +-0 0 L 4J L (6 Q4- C -C O a) N U C L - O U) a-+ N 4-.— C V) I O +J 0 Jco U cn13 < N- N a) L C Z C a) c0 — • O-- C7 O •— O T Z +� U a) d J U C•—.� O W a) (1) •—— V1 U (n > 4-•— a) Z 0 a).a •— < X L "O (6 +0 :Z cp Q •— - F— E Li) rp N C +) (1)_ a) L 0 to C CL O V) n3 N O C (1) a) A C3 +� •— • O (1)•— 4-0 '6 (-1 C •— — a) r^ -a _ID 0 E a) U L 0 > sr