Ordinance 82-2313ORDINANCE NO. 82-2313
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING SECTIONS 42-
78 AND 42-79 OF THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, PERTAINING TO PREPAID PACKAGE
TOUR PERMITS, PROHIBITING CERTAIN SOLICITA-
TIONS; DECLARING AN EMERGENCY.
SECTION 1: LEGISLATIVE PURPOSE
On March 3, 1982, the City Commission adopted Ordinance No. 82-2299,
amending Chapter 42 of the City Code on an emergency basis, for 30
days, to require package tour operators to obtain permits to operate
in the City, removing a 38 permit cap, and prohibiting street soli-
citations by permittees. Ordinance No. 82-2299 was adopted as an
interim measure to give the City Commission time to consider and
adopt a full revision of Chapter 42. For technical and legal rea-
sons, additional time is needed by the City administration prior to
adoption of a new Chapter 42, thus requiring the further extension
of the prior emergency ordinance, to avoid invalidity of previously
issued permits. Therefore;
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA;
SECTION 2:
Section 42-78 of the Code of the City of Miami Beach, Florida, is
hereby amended to read:
Section 42-78. MOTOR VEHICLE PERMITS -GENERALLY.
Any registered and licensed tour agency located within the City
which sells, or offers to sell, prepaid "package tours" outside
the continental limits of the United States and which prepaid
"package tours" provide for temporary, transient tourist accom-
modations in hotels in the City, and which also provide for
sight-seeing tours in the City and its environs, and accom-
panied by a tour guide who is fluent in the language of the mem-
bers comprising such prepaid "package tours" shall be att}tied
to apply must apply for and obtain from the City Gettrte}l Com-
mission permits for the operation of not more than two motor
vehicles having a capacity of not less than nine persons, ex-
cluding the driver.
SECTION 3:
That Section 42-79 of the Code of the City of Miami Beach, Florida,
be and the same is hereby amended to read:
Section 42-79. SAME -APPLICATION.
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 forms prescribed by Section
42-92 of this Chapter, except that the amount of insurance re-
quired 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 compli-
ance with State safety requirements not less than twice a year.
Such inspection shall be made by the Miami Beach Police Depart-
ment Transportation Bureau. The City Geunell Commission finds
and determines that public convenience and necessity requires
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that the number of licenses issued under this article shall be
limited to two permits to each tour agency and that the fetal
numbee ef lleeases heeeundef shall net emeeed 487
SECITON 4: SOLICITATIONS IN CITY PROHIBITED
This Ordinance is not intended and does not authorize permittees un-
der Article IV to offer transportation services to persons within
public areas of the City of Miami Beach. No permittee operating a
Prepaid Package Tour under Article IV shall solicit or seek passen-
gers with public areas of the City of Miami Beach, or allow their
permitted vehicle to be used for that purpose. Violations of this
Section shall result in forfeiture of any and all permits or rights
granted under this Article.
SECTION 4: EFFECTIVE DATE.
Sections 2 and 3 of this Ordinance shall be retroactive to April 2,
1982, and all permits issued before or after that date shall be va-
lid through the expiration date of this ordinance. This ordinance
shall take effect as an emergency measure on the date of its adop-
tion, on May 19th 1982, and shall expire upon the adoption of a
new Chapter 42.
PASSED and ADOPTED this 19th day of
an Emergency Measure.
Attest:
City Clerk
CK:kt
Words stesek thfeegh are deleted.
Words underscored are additions.
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May
1982 ., as
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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