Ordinance 91-2765 ORDINANCE NO. 91-2765
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CITY CODE CHAPTER 20, ENTITLED "BUSINESS
LICENSES," AMENDING SECTION 20-29, ENTITLED "HEARING
PROCEDURES," BY CHANGING THE HEARING FEE FROM FIFTY
DOLLARS TO SEVENTY-FIVE DOLLARS, TO DEFRAY
ADMINISTRATIVE EXPENSES; PROVIDING FOR REPEALER;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Section 1.
That Section 20-29, entitled "Hearing procedures, " of Miami Beach
City Code Chapter 20, entitled "Business Licenses, " is hearby
amended to read as follows:
Section 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 his designee, or upon the request of any other
licensee or applicant affected by action of the city, a hearing
shall be provided. There will be a fiftyseventy-five dollar fee
for a hearing in order to defray administrative expenses. If the
licensee or applicant prevails in his appeal, the entire
administrative hearing fee will be refunded. The hearing shall
be conducted in the following manner:
(a) The City Manager or his designee shall give written notice
of the time and place of the hearing to the licensee and to the
City Attorney' s office.
(b) The proceedings shall be informal but shall afford the
licensee the right to testify in his own defense, present
witnesses, have legal counsel present, submit relevant evidence
and cross-examine witnesses.
(c) Within ten days of the close of the hearing the City
Manager or his designee shall render his decision in writing
determining whether or not the license shall be revoked or
suspended or denied, or other action taken or continued, as the
case may be, and stating his reasons and findings of fact.
1
(d) The City Manager or his designee shall file his findings
with the City Clerk and shall send a true and correct copy of his
order by registered mail, return receipt requested, to the
business address listed on the occupational license or to any
such other address as the licensee or applicant shall designate
in writing. The 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 or his designee' s action or
decision is supported by substantial competent evidence and
whether the administrative hearing departed from the essential
requirements of law.
SECTION 2 . Repealer.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3 . Severability.
If any section, subsection, clause or provision of this ordinance is
held to be invalid or unconstitutional by anv court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portion of this ordinance.
SECTION 4. Effective Date.
This ordinance shall take effect ten (10) days after its adoption,
on November 2 , 1991.
PASSED AND ADOPTED this 23rd day of October , 1991.
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VICE-MAYOR
ATTEST:
CITY CLERK
REB:ses
FORM APPROVED
LEGAL DEPT.
2
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=*iINCORP�ORATED�* "VA CA TIONLAND U. S. A.
OFFICE OF THE CITY MANAGER CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. Y,2.2-��
DATE: October 23, 19 91
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Carla Bernabei Talarico e
City Manager i') AAA"
SUBJECT:
AMENDING CODE SECTION 20-29 HEARING PROCEDURES
The attached ordinance is amending Code Chapter 20, Business
Licenses, Section 20-29 entitled "Hearing Procedures" by increasing
the hearing fee from fifty (50) to seventy-five (75) dollars in
order to defray increased administrative expenses. If the licensee
or applicant prevails in the hearing, the entire administrative
hearing fee is refunded.
Most citizens comply with the regulations and laws, however a small
number do not. The current hearing fee of fifty dollars was
established over two years ago and no longer adequately defrays the
true administrative expenses of the hearings.
ADMINISTRATION RECOMMENDATION:
That the City Commission adopt this ordinance.
REB:tf
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AGENDA A)_513.
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