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Ordinance 82-2316• e. ORDINANCE NO. 82-2316 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING CHAPTER 20, GOVERNING CITY OCCUPATIONAL LICENSES, AND ENACTING A NEW CHAPTER 20 TO REQUIRE BUSINESS LICENSES BY BUSINESSES OPERATING IN THE CITY; REGULATING THE TRANSFER OF LICENSES; REGULATING ALL COIN-OPERATED DEVICES; SPECIFYING LICENSE FEES; PROVIDING FOR PENALTIES; PROVIDING APPLI- CATION PROCEDURES AND GROUNDS FOR DENIAL, SUS- PENSION AND REVOCATION OF LICENSES; PROVIDING FOR INVESTIGATION OF APPLICANTS AND LICENSEES; PROVIDING HEARING PROCEDURES; PROVIDING FOR THE LICENSING AND REGULATION OF GUN DEALERS; PRO- VIDING FOR THE LICENSING OF RESIDENTIAL LAND- LORDS AND REPEALING THE MIAMI BEACH LANDLORD - TENANT ARBITRATION BOARD; PROVIDING FOR THE LICENSING OF MEDICAL CLINICS; PROVIDING FOR THE REGULATION OF PARKING LOTS; PROVIDING FOR PRO- SECUTION OF UNFAIR CONSUMER PRACTICES BY LICEN- SEES; PROVIDING FOR CIVIL ACTIONS BY AGGRIEVED CONSUMERS: PROVIDING A SCHEDULE OF FEES. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 REPEAL AND REPLACEMENT OF CHAPTER 20. Chapter 20 of the Code of the City of Miami Beach is hereby repealed in its entirety with the exception of Section 20-17, which shall be preserved as Section 20-11 of this Chapter. New Chapter 20 is here- by enacted as follows: CHAPTER 20 INDEX Section 20 Definitions 3 ARTICLE I BUSINESS LICENSES A. General Provisions Section 20-1 Licenses Required 3 Section 20-2 Other Laws 3 Section 20-3 Duration, Expiration Date, Transferability 3 Section 20-4 Existing Licenses 4 Section 20-5 Cumulative Effect of Article 4 Section 20-6 Limitations on Licensed Businesses 4 Section 20-7 Posting of Licenses 4 Section 20-8 Convention Center Activities Exempt 4 Section 20-9 Personal Responsiblity and Lia- bility of Officers 4 -1- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 • B. Application Procedures Generally Section 20-10 Application Procedures 5 C. Fees Generally Section 20-11 Schedule of Fees 7 Section 20-12 Fees for Other Businesses 7 D. Additional Business Regulations & Fees Section 20-13 Coin -Operated Machines 7 Section 20-14 Landlords 7 Section 20-15 Gun Dealers 8 Section 20-16 Medical Clinics 10 Section 20-17 Insurance Agents 10 Section 20-18 Contractors 10 Section 20-19 Parking Lots 11 E. Penalties; Enforcement Procedures Section 20-20 Investigations 13 Section 20-21 Penalty for Late Payment 13 Section 20-22 Collection of Delinquent Fees13 Section 20-23 Penalty for False Disclosures14 Section 20-24 Penalties, Daily 14 ARTICLE II SUSPENSION & REVOCATION OF LICENSES & PERMITS Section 20-25 Grounds 14 Section 20-26 Standards 15 Section 20-27 Notice of Violations 15 Section 20-28 Hearings 15 Section 20-29 Hearing Procedures 16 ARTICLE III CONSUMER PROTECTION Section 20-30 Purpose 16 Section 20-31 Unlawful Acts, Investigations. 17 Section 20-32 Remedies, Consumers & City Attorney 17 Section 20-33 Other Remedies 17 Section 20-34 Price, Terms 18 -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 • Sec. 20. Construction of Chapter; Definitions. All of the provisions of this Chapter shall be cons- trued liberally on behalf of the City. For purposes of this Chapter, the following words shall have the follow- ing meanings unless the context otherwise requires: a. "Person" shall be defined in accordance with §1.01(3), Fla. Stat. (1981). b. "He" shall include the feminine and neuter. c. The singular includes the plural and vice versa. d. "Business" shall mean and include every trade, occupation, profession or other manner of re- venue-producing activity. e. "For cause" as used in this Chapter shall mean the failure of a licensee to comply with those conditions, standards or requirements required for the issuance of his license, or the viola- tion of any other provision of this Chapter or other Chapters of the Miami Beach City Code in- corporated herein. ARTICLE I. BUSINESS LICENSES A. GENERAL PROVISIONS Sec. 20-1. Business licenses required. No person shall engage in any business within the City of Miami Beach for which a license is required by this Article unless a city license has been procured from the finance director as provided below. Sec. 20-2. Application of Other Laws. A business license issued under this Article does not waive or supersede other City laws, does not consti- tute City approval of any particular business activity, and does not excuse the licensee from all other laws ap- plicable to the licensee's business. All licenses and application materials prepared under this Article shall so state. Neither the payment of a license fee nor the procurement of a license under this article shall autho- rize or legalize in any manner a licensee's violation of city, county, state or federal law. Issuance of a li- cense hereunder shall not constitute city authorization or approval of a specific manner of business activity. Sec. 20-3. Duration and expiration date; transferabil- ity. Each license shall be valid for one year and shall be issued on October 1st of each year and shall expire on the September 30th of the following year. A business license may be transferred with the business for which it was taken out when there is a bona fide sale and transfer of the business, but such transfer of license shall be valid only for the period for which it was originally issued. A business license may be transferred to -3- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 another location within the City of Miami Beach in the event of relocation of the licensed business. However, in the event of any such transfer of a license, either through sale or relocation of a business, the original license must be submitted to the finance director with a transfer fee of $10.00; the finance director shall make note on the license of the transfer and the new location or new owner, as the case may be, and shall also require the transfer to disclose all the information concerning the new owner or location which would otherwise be required by this Article of a new applicant for the license. Sec. 20-4. Pro rata payments; refunds; existing li- censes. No license shall be issued for any fractional por- tion of the year except as expressly authorized by this Article, and no refund of fees shall be granted. Any business having a valid occupational license issued under prior City ordinance may continue to do business under that license until the expiration date of the license, and shall then obtain a license under this Chapter by paying a prorata fee based on the number of months re- maining from the month of expiration of the license through and until September 30 of the following year. Sec. 20-5. Cumulative effect of Article. Fees paid under this Article are not in lieu of other fees and taxes required by other city departments, boards, commissions or officers for permits, registra- tion, examination, inspection or other regulatory pur- poses. The provisions of this article are cumulative and in addition to all other federal, state, county and muni- cipal laws providing for the collection of taxes, license and permit fees and charges. Sec. 20-6. Business limited by licenses. No business licensed to do a particular type of business shall engage in any other business subject to licensing under this Article unless a separate license is acquired for that purpose. Violation of this section shall be subject to all the administrative, civil and criminal penalties authorized under this Chapter. Sec. 20-7. Posting. Any person conducting a business for which a license is required by this article shall post his license in a conspicuous place in or about his place of business where it may be seen upon inspection by any official of the city. For his failure to do so, he shall, upon convic- tion, be fined or imprisoned, or both, as if he had never procured such license. Sec. 20-8. Convention Center Activities Exempt. All business activities at the Miami Beach Convention Center and the Theater of the Performing Arts shall be exempt from the licensing requirement under this Article. Sec. 20-9. Personal responsibility and liability of of- ficers and agents. In the event any business or firm fails to obtain a business license required by this Article, the manager, -4- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 chief executive and sales agent of the business shall each, jointly and severally, be required to take out a license on behalf of the business. It shall be the duty of all officers of a corporation engaged in business in the City of Miami Beach to see that such corporation com- plies with the provisions of this Chapter, and they shall each personally be subject to the penalties imposed by this Chapter for failure of a corporation to comply with the requirements of the Chapter. All corporate officers applying for a business license on behalf of a corpora- tion shall be given written notice that they are per- sonally liable for the corporation's compliance with this Chapter, and shall in addition be required to execute the application materials in their individual capacities. B. APPLICATION PROCEDURES GENERALLY Sec. 20-10. Application procedures; grounds for denial. A. Procedures for issuance. No license shall be issued or granted to any person to engage in any business named, identified or en- compassed by this Article unless an application is filed with the director of finance on forms provided for that purpose, disclosing the following: (1) The applicant's name and address, the name of the business for which a license is sought, the name and address of the owner and manager of the business, and if a corporation the names and addresses of each of its corporate officers and its resident agent, the type or classification of business for which the application pertains and the relationship of the ap- plicant to said business, and the location in the City where the business will be operated; (2) When necessary for determining the proper license fee under this Article, the area, capacity, capital invested, merchandise or property contained within the business, the stock carried, number of persons or things employed or engaged, the quantity, pro- perty or stock value or such other information as may be required by this Article for purposes of determining the proper license fee. It shall be the duty of the Finance Director, before issuing a license requiring disclosure of such data, to re- quire the person applying for such license to file under oath a statement disclosing such data, which statement shall be kept permanently on file, and which statement shall promptly be amended by the licensee as the circumstances of the business change. (3) If the applicant is a corporation or partnership, the full name of the corporation or partnership and the State of incorporation. (4) If the business is a corporation and is to be con- ducted under another name, the business name and county of registration under §865.09, Florida Sta- tutes. (5) Whether any of the individuals listed on the appli- cation has had his license, or the license of any business in which he had substantial control or -5- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 ownership interests, revoked or suspended under this or other similar laws. (6) The application shall contain a section designated "emergency locator." The applicant shall fill out as part of the license application the names, busi- ness and resident addresses and resident and busi- ness phone numbers of the owner or owners, and the manager or other persons to be notified in case of fire or other emergencies. Any changes in such in- formation during the period for which the license is issued shall be made to the Finance Director, in writing. (7) The application for any establishment at which alco- holic beverages are served shall contain a certifi- cate to be signed by the applicant stating that all requirements of this Chapter and other city ordi- nances and State laws governing such businesses have been met. (8) All applications and licenses shall be assigned a number, which may be an individual's social security number and a corporation's federal tax number, or such other uniform method of numbering selected by the Finance Director with the advise of the Director of Management Information Systems. (9) The application form shall contain the following language: "The undersigned has carefully reviewed this application and all information contained herein has been freely and voluntarily provided, and all the facts, figures, statements contained in this application are true and correct." (10) The applicant shall print and sign his name to the applications immediately after the above -quoted statement. In the case of a corporation, an officer shall be required to sign the application in his individual capacity and not solely as a corporate agent, and shall be advised of the provisions of Section 20-9 of this Article. (11) The occupational license shall be signed by the city employee issuing the same. B. Grounds for denial. Any person whose application for a business li- cense has been denied may seek a hearing under §20-29 of this Chapter. An application for an occupational license under this Article may be denied on the following grounds: (1) That the applicant has failed to disclose or mis- represented information required by this Article in the application. (2) That the applicant currently has a license under suspension or revocation. Whenever any businesses license has been suspended or revoked by the city for any cause whatsoever, no subsequent business license for a similar business shall be issued by the city to the person or persons whose business license has been revoked or suspended. -6- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 (3) That the applicant desiring to engage in the busi- ness as described in the application has selected a proposed site or type of business activity which conflicts with the zoning or other laws of the city. C. FEES GENERALLY Sec. 20-11. Schedule of fees. [Section 20-17 of prior City of Miami Beach Chapter 20 is hereby reenacted as §20-11 of this Chapter -- for schedule of fees please refer to §20-17 of prior law.] Sec. 20-12. Fees for all other businesses. A city license fee, equal in amount to the license fee or tax imposed by the Dade County Code, is hereby levied and imposed upon all businesses operating within the City of Miami Beach which are not specifically named or enumerated by this Article. D. ADDITIONAL BUSINESS REGULATIONS & FEES Sec. 20-13. Regulations concerning coin-operated ma- chines. Every music box, mechanical phonograph, juke box, pin -ball, mechanical or electronic device of skill, food or drink dispensing machine, newspaper dispensing rack or other machine or device operated by insertion of a coin, shall at all times have posted thereon conspicuously and legibly the name, address and telephone number of the person owning the device. The police chief is hereby authorized and directed to take immediate possession of any machine or device which does not conform to the re- quirements of this section, and to sell the same at pub- lic auction after one publication of notice of such sale, which notice shall be published in a local newspaper at least ten days prior to the holding of such sale. The proceeds of such sale shall be paid into the city trea- sury. At any time prior to the holding of such sale, the person owning such machine or device may, upon proof of ownership as evidenced by bill of sale or other evidence satisfactory to the chief of police, obtain such machine or device upon payment to the Finance Director the sum of $100.00 plus all costs and expenses incurred by the city for the transportation and storage of the machine or de- vice and publication of notice, if any, in connection with the confiscation of such machine or device; provided however that the device shall be returned without cost or penalty if the owner establishes that the required infor- mation was posted in accordance with this section and that the device was regularly inspected for such compli- ance. It shall be unlawful and a violation of this Article for any person to use or operate, or permit to be used or operated within his place of business, any such machine or device which does not have affixed to the said machine or device the information required by this section. Sec. 20-14. Licensing of Residential Landlords. (a) License required; fee: Notwithstanding §20-11(7) or any other provision of the Miami Beach Code, all persons engaged in the business of renting three or more dwelling units for residential purposes, as defined by §83.43(2), Florida Statutes -7- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 (1981), shall obtain a license pursuant to this Article, upon payment of an annual fee of $125.00. Failure to obtain a license required by this section shall result in penalties as specified by this Chapter. (b) Prohibited practices; enforcement: No person sub- ject to the above licensing requirement shall violate any provision of the Florida Residential Landlord & Tenant Act, §83.40, et. seq., Fla. Stat. (1981); §501.204, et. seq., Fla. Stat. (1981); Article III of this Chapter, or any section of the Miami Beach City Code governing land- lord -tenant matters. Violations of these provisions shall be subject to prosecution under this Chapter, shall be cause for suspension or revocation of a landlord's licence pursuant to Article II of this Chapter, and shall be grounds for a civil action by the City Attorney or injured tenants under Article III of this Chapter. (c) Other laws. This section shall not supersede and shall be in addition to all other laws, local, state and federal, governing landlord -tenant relations, but shall repeal Sections 2-76 through 2-82, Miami Beach City Code. Sec. 20-15. Licensing of gun dealers; fees. (a) Licenses required: Every person engaged in the business of selling firearms at retail shall obtain a license pursuant to this section. All such persons shall be required to comply with sections 25-103, 25-108, 25- 109, 25-112, 25-124, 25-125, 25-127 and 25-128 of the Miami Beach City Code and in the case of violations shall be subject to the penalties specified by §25-126, Miami Beach City Code as well as all penalties authorized by this Chapter. (b) Licensing procedures: No license shall be issued under this section until the City Manager has examined the applicant and obtained certain information as fol- lows: (i) Prohibition. It shall be unlawful for any per- son, without being licensed as provided in this section, to engage in the business of selling firearms. This sec- tion applies to persons in the firearms business or in the business of gunsmithing, and does not apply to iso- lated sales, transfers or trades between individuals who are not regularly engaged in the sale or offering for sale of firearms. (ii) Application for license; content. Applicants for licenses to sell firearms under this section must file with the Finance Director their applications in dup- licate in the form prescribed by the City Manager. All applications must be signed and verified by all person(s) in whose name(s) the license is to be issued. The appli- cation shall state the full name, age, residence, present and previous occupations of each person so signing the same, and shall also specify the complete name, address and location of the place of business, as well as other facts as may be required by the City Manager to show the good character, competency and integrity of each person signing the application or otherwise involved in the business. -8- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 (iii) Demonstration of knowledge of city, county, state and federal laws applicable to sale of firearms re- quired; fees. As part of the application procedure for a license to sell firearms, two forms of license shall be devised. The first license shall be the dealer license, which shall be issued to the owner, whether corporate or individual, of any business which sells firearms at re- tail, for a license fee of $300.00; the second shall be the employee license, which shall be issued for a fee of $300.00 to any employee who is engaged as an agent or em- ployee in the retail sale of firearms. It shall be the duty of the City Manager, with the advice of the police chief, to prepare a manual from which questions on a short written examination will be taken so that the ap- plicant, whether a dealer or employee, shall show his knowledge of federal, state, county and city laws govern- ing firearm sales and ownership. If the applicant should have difficulty with the written or spoken English lan- guage, which seriously impairs his ability to demonstrate his knowledge of such laws, special provisions shall be made through an interpreter or otherwise, for the admin- istration of the required written examination to such person. In the event of failure, the applicant may re- take the test seven days from date of examination; how- ever, no person shall be allowed to take this test more than three times in a twelve month period. (iv) Investigation of application; fingerprinting. (1) The City Manager shall require, upon the initial application, for applicants for licenses to be fingerprinted, and shall require them to attach to their initial applications their photographs. The chief of po- lice may make a records check of each applicant. The chief of police shall make a complete investigation of the applicant only when so directed by the City Manager. (2) The applicant's fingerprints shall be searched for any previous criminal record and shall be placed on file by the chief of police of the city. (v) Issuance of license. Upon completion of an in- vestigation showing the statements on the application to be true, and the taking and passing of the required writ- ten examination on gun control laws and the sale of fire- arms, and due inquiry into the good character, competency and integrity of the applicant, if the City Manager is satisfied as to the applicant's good character, compe- tency and integrity, a license shall be issued to the ap- plicant by the Finance Director, provided that: (1) No license may be issued to any person who has been convicted of a felony in this state or elsewhere or who is under eighteen years of age. (2) No license may be issued solely in the name of a corporation, firm, partnership, company or other legal entity, but the corporate name may be listed on the license. (vi) File of applications and licenses. After dis- position of the application, the original shall be main- tained in the files of the City Manager. The duplicate copy and all renewal licenses shall be filed with the chief of police. Attached thereto shall be information as to the final disposition of the application. -9- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 (vii) Conditions; revocation. A license issued in accordance with the provisions of this section shall be revoked upon a violation of section 25-119, Miami Beach City Code or any other federal, state or local law go- verning the sale of firearms. (viii) Annual renewal for either dealer or employee licenses shall be a form listing the name, address, com- pany name and address, City of Miami Beach license num- ber, and notarized signature of the applicant and shall require payment of a renewal fee of $300.00. (ix) Repeal of contrary ordinances. This section shall supersede any contrary or inconsistent provisions of the City of Miami Beach Code governing the licensing and testing of gun dealers, including but not limited to §§25-113 through 25-118, Miami Beach City Code. Sec. 20-16. Medical Clinics; license fee; disclosure of physicians; insurance requirements. Every firm or establishment which provides outpatient and/or ambulatory medical treatment, diagnosis or care within the City of Miami Beach shall be required to obtain a business license for a fee of $200, and shall, in addition to the other registration requirements under Sec. 20-10(A) of this Article, disclose in writing the names of each physician associated with the establishment. In additon, each such establishment, as a condition of being licensed, shall file with the Finance Director copies of the medical licenses of all such physicians and evidence of professional malpractice and/or liability insurance policies insuring each patient of the clinic for up to $3 million dollars in injuries or loss of life. The City Manager is authorized to adopt adminstrative rules to define and establish the nature of such insurance and the proper evidence thereof. Sec. 20-17. Disclosures required of insurance agents. Any person conducting the business, occupation or profession of an insurance agent shall file a sworn statement with the Finance Director listing the name of each insurance company for which he is acting. Failure to do so shall, upon conviction, result in a fine not exceeding $5,000 and imprisonment not exceeding 90 days, in addition to any other penalties authorized by this Chapter. Sec. 20-18. Contractor's permit. No contractor shall initiate or engage in work in the City of Miami Beach without first submitting to the Finance Director evidence of compliance with all applicable Dade County laws governing contractors, in- cluding a copy of a certificate of competency duly issued by the proper authority of Dade County, and a certificate showing that the applicant is covered by workers' compen- sation and public liability insurance equal to or exceed- ing the minimum limits required by Dade County for con- tractors. Any contractor who violates this section, or who engages in work in the City without complying with this section, or whose County certificate of competency or insurance has expired or been cancelled, revoked or suspended shall be subject to the penalties specified by -10- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 Section 20-24 of this Article In the event of cancellation or repeal of the County fee collection and disbursement system under Sec. 10-28 of the Dade County Code, then the City of Miami Beach fee for contractors' licenses shall be equal to those established by §10-27, Dade County Code (1982). Sec. 20-19. Parking lot; definitions, applicablity. (1) Definition. The term "parking lot" for purposes of this section shall mean any business engaged in whole or in part in the storing or parking of three or more motor vehicles for payment of a fee, provided that the following shall be exempt from this section: (a) Garages and other places where motor vehicles are stored for hire within a building and for which a license has been obtained under another provision of this Article; (b) Off-street parking spaces required under the Zoning Ordinance of Miami Beach, for multiple - family uses, and not in excess of 2,000 square feet. However, the physical, structural and maintenance requirements of this section shall apply to all places, lots, parcels, yards or areas owned or used for the parking of motor vehicles, whether or not exempted by this subsection. (2) License required. No person shall conduct, operate or maintain a parking lot without first obtaining an an- nual license therefor from the Finance Director. No license shall be issued without a certificate from the City Manager or his designate stating that the particular parking lot or area conforms in all respects with the landscaping requirements of this section or of Section 33-122, et seq, Metropolitan Dade County Code, whichever provisions impose the higher standard. (3) Application. No license required by this Chapter shall be granted until the applicant for such license shall file with the Finance Director a written application on a form, which application shall have been approved by the City Manager or his designate. Each ap- plication shall satisfy all requirements for issuance of permits under Section 20-10 of this Article. (4) Barriers required. All operators of parking lots shall construct and maintain permanent barriers of either concrete or square or rectangular cut timber on each side of the parking lot. Such barriers shall be so located, constructed, maintained and fastened as to prevent any portion of any motor vehicle parked in such parking lot from extending over, across or upon the line of any ad- joining property, sidewalk, alley, street or other public way. (5) Fences, walls or hedges. An opaque wall or fence of material and construction to be approved by the Chief Building inspector, or an opaque dense hedge, not less than six feet in height, shall be erected or placed and maintained upon the side and rear lines of parking lots where such side or rear lines are within fifty feet of any dwelling, apartment building, or hotel, provided how- ever, if there is any conflict between the provisions of -11- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 this Section and any provision of the Zoning Ordinance, the provisions of the latter shall prevail, and provided further that the requirement of walls, hedges or fences along rear or side lines of parking lots may be waived, at the discretion of the City Manager where the occupants of the abutting property consent to such waiver in writ- ing. The consent of the owner of multiple -family or business property abutting the parking lot shall be deemed to be consent by all the occupants thereof. (6) Requirements along street frontages. In addition to the foregoing requirements, all parking lots shall have constructed and maintained along the street frontages, exclusive of alleys and excepting approved driveways or other openings: (a) A wall, not less than five feet nor more than six feet in height, of a stucco or equal finish; or (b) A living hedge not less than five feet nor more than six feet in height, such hedge to be within a verdant grass or equal landscaped border four feet in width. (7) Surface to be smooth and well -drained. All parking lots shall be constructed and maintained to provide a smooth surface, adequately drained, that will not retain water or dust or loose particles. Nothing contained herein shall be deemed or construed to waive or modify any of the provisions of any other ordinance of the City regulating the use, erection or maintenance of buildings or structures within the City. (8) Lighting facilities. If lighting facilities are maintained on a parking lot, such lighting facilities shall be of the shielded floodlight type or other type of lighting to permit drivers of cars to have reasonable and safe access to all portions of such parking lot during the hours of darkness. A certificate approving the lighting installation shall be obtained from the chief building inspector prior to issuance of a parking lot license hereunder. (9) Fire protection. Licensed parking lots shall be equipped with fire -extinguishing apparatus approved by the fire department of the City. (10) Removal of parked vehicles. It shall be unlawful for any owner, operator or employee of any licensed park- ing lot, to move any parked motor vehicle from the parking lot to any public street, parking area or any other public or private property without the consent of the owner, the owner's agent, or the Chief of Police, un- less specifically authorized to do so by law. (11) Signs to be posted. Operators of licensed parking lots shall place and maintain at each vehicle entrance printed signs conspicuously disclosing the price or fee charged for the parking of motor vehicles thereon, and indicating, in two-inch red letters, the City license number issued to the owner or operator. (12) Fees. Annual parking lot license fees shall be $100.00. -12- OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 (13) Penalties. It shall be unlawful and a violation of this Chapter for any licensee to use, or permit to be used in whole or in part, any parking lot, unless the same is in compliance with the requirements of this ordi- nance. It shall be unlawful for any licensee to fail to maintain the requirements of this ordinance for any per- iod during the period licensed hereunder. It shall be unlawful for any person owning or operating a parking lot in the City, unless expressly exempted by this Article, not to obtain a license under this Article. (14) Repeal of other laws. Chapter 27, Miami Beach City Code, is hereby repealed. E. PENALTIES; ENFORCEMENT PROCEDURES Sec. 20-20. Investigation to determine compliance with chapter. The City Manager or his designee may investigate persons engaged in any business encompassed by this arti- cle and make such inquiry as shall be necessary to deter- mine whether or not such persons have procured a license as required by this article, or engaged in conduct which violates this chapter. Sec. 20-21. Penalty for late payment. Any person engaging in any business without obtaining a valid license under this Article shall be subject to a penalty of twice the applicable license fee in addition to any other penalty provided by this ordinance or any other law. Any person failing to timely apply for the annual renewal of a license under this Article may be issued a license only upon payment of a delinquency pen- alty of ten percent for the first month of delinquency or portion thereof and an additional five percent for each month of delinquency thereafter or portion thereof. Sec. 20-22. Method of collection of delinquent fees and taxes. Whenever any licensee or person who is required to obtain a license under this Article fails to pay a fee when due or to pay any other fee or fine imposed by this chapter, or to pay any other City tax or fee required by the City Code, the City Attorney and City Prosecutor may, in addition to any other penalty provided by law: (1) Seek civil and criminal penalties as authorized by this Chapter; (2) Recommend the imposition of administrative sanctions by the City Manager under Article II of this Chapter; (3) Petition the Circuit Court to enjoin the licensee or person from engaging in the business for which he has failed to pay said sum, until such time as he shall pay the same with costs of such action; -13- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE • MIAMI BEACH, FLORIDA 33139 (4) File a petition with the County or Circuit Courts, or with the Dade County Tax Collector, to obtain a war- rant or other order authorizing the levy upon and sale of any real or personal property of the person owning the business, to collect the amount due plus the cost of ex- ecuting the same, plus court costs and reasonable attor- ney fees. The officer to whom the warrant or order is delivered shall proceed in all respects and in the same manner prescribed by law in regard to executions issued against property upon judgments of a circuit court, and shall be entitled to the same fee for his services in executing the warrant, to be collected in the same man- ner. A copy of the warrant or order shall be filed with the clerk of the Circuit Court of the Eleventh Judicial Circuit, and the clerk shall record the same, whereupon the amount due shall become a lien upon the title to and legal or equitable interest in any property, whether real, personal or mixed, of the person or business against whom the lien is obtained, in the same manner and to the same extent as a judgment duly docketed in the of- fice of the clerk of the circuit court with execution duly issued. In addition, any person who fails to pay a license fee, tax, fine or other sum required by this chapter shall, on petition of the City Attorney, be en- joined by the Circuit Court from engaging in the business for which he has failed to pay said sum, until such time as he shall pay the same with costs of such action. Sec. 20-23. Penalties for false disclosures. Any person who shall knowingly make a false statement on a City application or knowingly fail to disclose or sup- plement information required by this Article, shall upon conviction thereof be imprisoned for no longer than 90 days and fined no more than $5,000, and shall also be subject to the civil and administrative penalty autho- rized by this Chapter. Sec. 20-24. Penalties; Each day's operation without li- cense considered separate offense. Any person who shall carry on or conduct any busi- ness for which a license is required by this article, without first obtaining such license, or who violates any other provision of this Chapter may be prosecuted and shall upon conviction be punished by a fine not exceeding $5,000 and imprisonment not exceeding 90 days.Each day a business is conducted without first having procured a license therefor, shall be an individual offense punish- able as specified herein. ARTICLE II. SUSPENSION AND REVOCATION OF LICENSES AND PERMITS Sec. 20-25. Grounds for suspension or revocation. The City Manager shall either revoke or temporarily suspend the license of any person where it is determined by the City Manager that: (1) The licensee has misrepresented or failed to dis- close material information required by this chapter to be included in the license application form; (2) The licensee, as part of the licensee's business ac- tivity within the City of Miami Beach, is engaged in -14- OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 ,2o-2 conduct which is an actual threat to the public health, welfare or safety. (3) The licensee is conducting business from premises which do not possess a valid and current certificate of occupancy and/or certificate of use as may be re- quired by City or County laws. (4) Habitual conduct has occurred at the licensee's pre- mises which violates City, County or State law. (5) The license issued by the City depended upon the li- censee's compliance with specific provisions of federal, state, city or Dade County law and the li- censee has violated such specific provisions of law. (6) The licensee has violated any provision of this Chapter and has failed or refused to cease or cor- rect the violation after notification thereof. Sec. 20-26. Standards; rule-making authority. A suspension not exceeding 6 months shall be imposed in cases where the licensee's violation is shown to be inad- vertent and can be promptly corrected by the licensee; a revocation of the license shall be imposed in all other cases. The City Manager shall have the authority to adopt written administrative rules to enforce the provi- sions of this Article, which rules shall have the force and effect of City law provided the rules are approved by the City Attorney and ratified by the City Commission. Sec. 20-27. Notice of violation; emergency action. If the City Manager believes that a licensee has en- gaged or is engaged in conduct warranting the suspension or revocation of a license, he shall notify the licensee by certified mail or hand delivery of the violation and provide a prior administrative hearing pursuant to §20-22 below, unless the City Manager finds that an emergency condition exists involving a serious danger to public health, safety or welfare, in which case advance notice and hearing shall not be required. In the case of an emergency suspension or revocation, the licensee shall immediately be advised of the City Manager's action and afforded a prompt post -suspension or revocation hearing in accordance with §20-29 of this Article. The notice shall be in writing and shall set forth the particulars of the violation and shall state the things required to be done to eliminate the violation if any. Service of such notice shall be by mail, addressed to the licensee at his business address, as disclosed in his application for the license. Sec. 20-28. Hearing when licensee or permittee fails to comply with notice. If a licensee or permittee fails to comply with any notice issued as provided above, the City Manager or his designee may issue an order in writing to the licensee, by certified mail, notifying him to appear at an admin- istrative hearing before the City Manager to be held at a time to be fixed in such order, which date shall be not less than five days after service thereof. In the event a licensee fails to comply with a lawful order of the City Manager, the City Manager may order the closing of -15- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 the offending business and enforce his order by action of Miami Beach Police Department. Sec. 20-29. Hearing procedures. Upon order of the City Manager or upon the request of a person whose license has been denied or revoked or suspended by emergency order of the City Manager, or whose license has been threatened with denial, revocation or suspension by the City Manager, or upon the request of any other licensee or applicant affected by action of the city, a hearing shall be provided and conducted in the following manner: (1) The City Manager shall give written notice of the time and place of the hearing to the licensee and to the City Attorney's office. (2) The proceedings shall be informal but shall afford the licensee the right to testify in his own de- fense, present witnesses, have legal counsel pre- sent, submit relevant evidence and cross-examine witnesses. (3) Within ten (10) days of the close of the hearing the City Manager shall render his decision in writing determining whether or not the license shall be re- voked or suspended or denied, or other action taken or continued, as the case may be, and stating his reasons and findings of fact. (4) The City Manager shall file his findings with the city clerk and shall send a true and correct copy of his order by registered mail, return receipt re- quested, to the business address listed on the oc- cupational license or to any such other address as the licensee or applicant shall designate in writ- ing. The City Manager's findings shall constitute the final administrative action of the City of Miami Beach for purposes of judicial review under Florida law. The standard of review shall be whether the City Manager's action or decision is supported by substantial competent evidence and whether the ad- ministrative hearing departed from the essential requirements of law. ARTICLE III. CONSUMER PROTECTION Sec. 20-30. Purposes; rules of construction. This Article shall not supersede, but shall be in addition to, all other Miami Beach ordinances governing commercial activities and consumer practices. The provi- sions of this Article shall be construed liberally to promote the following policies: (1) To protect consumers of retail goods, ser- vices, property or intangibles (including but not limited to retail purchasers, patrons, borrowers and residential lessees) from deceptive and unfair trade practices by any business within the City of Miami Beach. (2) To make city regulation of consumer practices consistent with established policies of county, state and federal law relating to consumer protection. -16- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 Sec. 20-31. Unlawful acts and practices. Unfair methods of competition and unfair or decep- tive acts or practices in the conduct of any business, trade or commerce are hereby declared unlawful. It is the intent of the City Commission that in con- struing this section, due consideration and great weight shall be given to the rules of the Florida Department of Legal Affairs under §501.204, Fla. Stat. (1981) and the rules and decisions of the Federal Trade Commission and the federal courts relating to §5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a) (1)), as from time to time amended. Sec. 20-31.1. Investigations and referrals. The City of Miami Beach City Manager or his designee shall be empowered to investigate alleged violations of this Article. In the event the City Manager finds that probable cause exists to believe that a violation has oc- curred, he may refer the case to the City Attorney or take such other action as may be authorized by this Chap- ter. The City Attorney, in addition to those other civil and criminal penalties authorized by this Chapter, shall have the discretion to initiate a civil action to enforce the provisions of this Article, as provided below. Any person who engages in a course of business activity con- sisting of repeated or egregious, unfair or deceptive trade practices, shall have his occupation license re- voked by the City Manager, in addition to any other cri- minal or civil penalties authorized by this Chapter, subject to the hearing and notice procedures described in Article II. Sec. 20-32. Remedies of consumers and City Attorney. (a) Any consumer injured or aggrieved by an act or prac- tice in violation of this Article may bring a civil action for damages and, if the prevailing party, shall be awarded by the court reasonable attorney fees and court costs. In the event the court finds that such an action by a consumer was frivolous, it shall award the defendant business its court costs and attorney fees. (b) The City Attorney is hereby authorized to bring: (1) An action to obtain a declaratory judgment that an act or practice violates any provision of this Chap- ter. (2) An action to enjoin a violation by any busines which has violated, is violating, or is likely to violate any provision of this Chapter. Sec. 20-33. Effect on other remedies. The remedies of this Article are in addition to re- medies otherwise available for the same conduct under city, county, state or federal law. This Article is sup- plemental to, and makes no attempt to preempt other con- sumer protection laws and ordinances not inconsistent with this part. -17- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 Sec. 20-34. Complete price; representations; official terms. The following conduct shall constitute per se viola- tions of §20-25 but this section shall not be construed as an exclusive definition of unfair or deceptive trade practices. (a) Representation by any business of price of a commo- dity, service or other thing of value unless such price representation is the complete purchase or lease price, which shall be unconditioned and in- clude all charges except taxes levied at the retail level. (b) A representation by any business of brand, quality, quantity, trade name, or other character of any good, property or service that is untrue or mislead- ing. (c) Passing off goods or services as those of another; (d) Creating likelihood of confusion or of misunder- standing as to the source, sponsorship, approval, or certification of goods or services; (e) Creating likelihood of confusion or of misunder- standing as to affiliation, connection, or associa- tion with, or certification by another; (f) Using deceptive representations or designations of geographic origin in connection with goods or ser- vices; Representing that goods or services have sponsor- ship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; Representing that goods are original or new if they are deteriorated, altered, reconditioned, re- claimed, used or secondhand; Representing that goods or services are of a parti- cular standard, quality, or grade, or that goods are of a particular style or model, if they are of another; Disparaging another by fact; Advertising the goods, services or business of false or misleading representation of goods or services with intent not to sell them as advertised; Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quan- tity; Making false or misleading statements of fact con- cerning the reasons for, existence of or amounts of price reductions; (n) Keeping for the purposes of sale, advertising or of- fering or exposing for sale, or selling any commo- dity, thing, or service in a condition or manner contrary to law or regulation; (o) Selling or offering or exposing for sale, less than the quantity represented of any commodity, thing or service. (p) Violation of City, County or State laws governing refund and exchanges. SECTION 2 OTHER ORDINANCES All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. -18- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 • SECTION 3: SEVERABILITY. If any article, section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or un- constitutional 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 twenty (20) days after adoption in accordance with law, on July 6 , 1982• PASSED and ADOPTED this 16th day of 1982. ATTEST: i2�t%v1lii c< City Clerk 1st Reading - June 2, 1982 2nd Reading - June 16, 1982(as amended) TMP:ab 6112 -19- June Mayor APPROVED LEGAL DEPARTMENT: :j• - to,ICc Date OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 • U) p U cit •�-1 O +..1 r-1 U u • 0 U (NI 'Hers • f-+ +0 a) U u a) N Ln (0 t7 CU a) U) < 0 0041 (1) 0 .c cod O ▪ U• U j • 0 OD Z • U) •r�1 v z• 0Ca Ct ,`n • c ai 0 r4 U U 00 • . rl a) U) ao a s-+ o0 •r4 . -I• b v c•°) • o a) a) • •rl 4-4 U • 4-) 0 xca 0 0, 4-4 a Chapter 20 repeale' in entirety with exception of Sect. 20-17 which is preserved as Sect. 20-11. Section -76 through 2-82 repealed. Repealed Chapter 27 in entirety.