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Ordinance 94-2958 ORDINANCE NO. 94-2958 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CI'Y OF MIAMI BEACH, FLORIDA, AMENDING CITY CODE CHAPTER 41, ARTICLE V, ENTITLED "RESORT TAX" BY AMENDING SECTIONS 41-45 ("DEFINITIONS") , 41-46 ("IMPOSITION OF TAX; RATE") , AND 41-47 ("EXEMPTIONS FROM TAX") SO AS TO DELETE THE REFERENCES TO TAXATION OF FOOD, BEVERAGES, INTOXICATING LIQUORS OR WINE "FOR CONSUMPTION ON THE PREMISES" OF ANY RESTAURANT, AND TO PROVIDE THAT NO RESORT TAX SHALL BE IMPOSED ON ANY RESIDENCY FOR A TERM LONGER THAN SIX (6) (AS OPPOSED TO ELEVEN (11) ) MONTHS; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: aECTION 1. That Article V of Chapter 41 of the Miami Beach City Code, said Article entitled "Resort Tax" , is hereby amended via the following amendments to Sections 41-45 ("Definitions") , 41-46 ("Imposition of Tax; Rate") , and 41-47 ("Exemptions from Tax") said amendments to read dS follows: Section 41-45. Definitions. When used in this article, the following terms shall mean or include: Alcoholic beverages. All distilled or rectified spirits, brandy, whiskey, run, gin, cordials, or similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing, and wines, but excluding beer or iiialt beverages. Apartment house. Any building or part thereof, where separate accommodations for four or more families living independently of each other are supplied to transient or permanent guests or tenants. c-ji ��� ��1 X01 Finance Director. The Finance Director of the City or his authorized deputy. Guest. Any person purchasing food, beverages, intoxicating liquors, or wine for consuiuption on the premises of any restaurant, or premises licensed for sale of beverages, intoxicating liquors, or wine. Hotels, motels and rooming houses. Every building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants, whether or not there be in connection with any of the same, any dining rooms, cafes, or other places where meals or lunches are sold or served to guests. Occupancy. The use or possession, or the right to the use or possession of any room or rooms in a hotel, motel, rooming house or apartment house, or the right to the use or possession of the furnishings or to the services and accommodations accompanying the use and possession of such room or rooms. Occupant. A person who, for a consideration, uses, possesses or has the right to use or possess any room or rooms in a hotel , motel , rooming house, or apartment house, under any lease, concession, permit, right of access, license to use or other agreement, or otherwise. Operator. Any person operating a hotel , motel , rooming house, apartment house, or restaurant serving food fuL - - and any premises licensed by the City to sell beverages, intoxicating liquors, or wine - - - , in the City including, but not limited to, the owner or proprietor of such premises, lessee, sub-lessee, mortgagee in possession, licensee or any other person otherwise operating such hotel, motel, rooming house, apartment house, restaurant serving food . . - • - and any premises licensed by the City to sell beverages, intoxicating liquors, or wine . • - premise . Permanent Resident. Any person who has resided in the City of Miami Beach, Florida, for longer than eleven six consecutive months. Person. An individual, partnership, society, joint stock company, association, corporation, estate receiver, trustee, assignee, referee, or any other person acting in 2 } a fiduciary or representative capacity, whether appointed by a court or otherwise and any combination of individuals. Rent. The consideration received for occupancy valued in money, whether received in money or otherwise, including all receipts, cash, credits and property or services of any kind or nature, and also any amount for which credit is allowed by the operator to the occupant, without any deduction therefrom whatsoever. Responsible officer. Any person or persons including, but not limited to, the officers of a corporation, any stockholder in a corporation controlling 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 revenues from transactions subject to resort tax have been deposited, regardless of whether such authority is actual or constructive. Restaurant. Any business or place for serving of food or refreshments required by law to be licensed by the hotel and restaurant commission of the state, or any premises licensed by the City for sale of intoxicating liquor or wine. Return. Any return filed or required to be filed as herein provided. Room. Any room or rooms of any kind, in any part or portion of a hotel , motel , rooming house or apartment house which is available for or let out for use or possession for any purpose other than a place of public assembly. Sales price. The retail sales price charged by the operator to a guest, consumer or to any person for each sale of food, beverages, intoxicating liquors, or wine sold - - - Sec. 41-46 . Imposition of tax; rate. Commencing on the twentieth day of November, 1968 , there is hereby levied and there shall be paid a tax of two percent on the rent of every occupancy of a room or rooms in any hotel, motel , rooming house, or apartment house in the City, and also upon the total sales price of all items of food, beverages, alcoholic beverages, or wine sold at retail fol cv-nsumptiori on the pze1<<ises of any • restaurant as herein defined. Such tax shall constitute a debt owed by the occupant or guest to the City which is extinguished only by payment to the operator or to the City. The occupant or guest shall pay the tax to the operator of the hotel , motel , rooming house, apartment house or restaurant at the time the rent or sales price is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the occupant' s ceasing to occupy space in the hotel , motel , rooming house or apartment house. The tax due on a transaction calling for the payment of rent or sales price of from: $ . 50 to $ . 99 lc $1 . 00 to $1 . 49 2c $1. 50 to $1 . 99 3c $2 . 00 to $2 . 49 4c $2 . 50 to $2 . 99 5c on rents or sales in amounts of more than three dollars two percent shall be charged upon each dollar of price or rent, plus the above bracket charges upon any fractional part of a dollar in excess of even dollars. Sec. 41-47 . Exemptions from tax. No tax shall be imposed upon: (a) Federal , state or city governments, or any agency thereof. (b) Any nonprofit religious, nonprofit educational or nonprofit charitable institutions when engaged in carrying on the customary nonprofit religious, nonprofit educational or nonprofit charitable activities. (c) No tax shall be imposed on any rents paid by a permanent resident on his permanent place of abode, provided that no permanent resident shall be permitted to have more than one exemption during the same period of time. No tax shall be imposed on any rents paid by a lessee, or the individual occupant with a written lease for a term longer than eleven six months provided that lessee, or the individual occupant authorized by the lease to occupy the premises, actually occupies the premises on a continuous basis for longer than six months. Tax shall be imposed on any rents paid by a lessee or individual occupant during the first eleven six 4 months of the occupancy term unless there is a written lease for a period longer than elevelr six months, and provided that lessee, or the individual occupant authorized by the lease to occupy the premises, actually occupies the premises on a continuous basis for longer than eleven six months. (d) School lunches served to students and teachers; all hospital meals and rooms . (e) All premises and all transactions exempted under the provisions of Section 212 . 03 , Fla. Stat. (f) No tax shall be paid on any transaction involving rent or sales price of less than fifty cents. SECTION 2 . REPEALER All ordinances or parts of ordinances in conflict herewith are and the same are hereby repealed. SECTION 3 . SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4 . EFFECTIVE DATE This ordinance shall take effect on the 1st day of January, 1995. PASSED and ADOPTED this 7th day of D- -mber, 1994. / / / IN\ i AYOR ATTEST: C.,(AoJj FORM APPROVED b -pt, CITY CLERK42 By\ Ate . 64,-/ (JKO/ks) Date 40 (c:Awpdocs\jeancommissV41-47.cr ' 1st reading 11/16/94 2nd reading 12/7/94 5 Miami Beach City Charter Article V. "BUDGET AND FINANCE" Section 5 . 03 . "Tax on Occupancy of Hotels, etc. , and on Certain Foods and Beverages. " The City of Miami Beach is authorized and shall have the right to impose, levy and collect a tax on the rent of every occupancy of a room or rooms in any hotel , motel or apartment house when the renting is for a the period of - • less occupancy for imposition of a transient rental tax as established by Section 212 . 03 , Fla. Stat. (as amended) ; and upon the total sales price of all items of food and alcoholic beverages sold at retail by any establishment engaged in the sale of alcoholic beverages and/or foodmption on the pL mises; said tax to be paid by the person paying the rent or paying for the food and/or alcoholic beverage herein specified and to be collected by the person renting said rooms or selling said food or alcoholic beverage for the use and benefit of the City. Sales or rentals exempted by Chapter 212 , Florida Statutes, shall also be exempt from the tax hereby authorized. That the total receipts from the above tax levy shall be kept and maintained in a separate fund and shall in no event be transferred to the general fund, and that the said fund shall be used for the promotion of the tourist industry, which shall include, but not be restricted to the following: publicity, advertising, news bureau, promotional events, convention bureau activities, capital improvements and the maintenance of all physical assets in connection therewith; and for the payment of the reasonable and necessary expenses of collecting, handling and processing of said tax. That the Commission shall have the authority and power by ordinance to determine and fix the amount of said tax after public hearing not in excess of two percent (2%) , except that an additional tax of one percent ( 1%) may be imposed, levied and collected on the rent of every occupancy of a room or rooms in any hotel , motel or apartment house when the renting is for a the period of eleven (11) consecutive i«o-i,t-11s of less occupancy for imposition of a transient rental tax as established by Section 212 . 03 , Fla. Stat. (as amended) , provided that such additional one percent (1%) shall be used, subject to the rights of bondholders, (A) fifty percent (50%) for public incentives for convention center headquarters hotel development, and upon retirement of all debt related thereto, to be used as in (B) below, and (B) fifty percent (50%) for promotion of tourism related activities and facilities, and developing, improving and maintaining tourism related public facilities ; provided that such additional one percent (1%) of tax shall not be imposed until such time as the City of Miami Beach has entered into an agreement with a developer for development of a convention center headquarters hotel; and provided further that the authority created pursuant to Section 8 of Chapter 67-930 shall have no right to receive any portion of such additional one percent ( 1%) of tax. OFFICE OF THE CITY ATTORNEY 694 13(coserawni weardi F L O R 1 D A. 0A1 Bei LAURENCE FEINGOLD 1NCDY7. TSD`' a„y P O BOX 0 CITY ATTORNEY -CH26"N MIAMI BEACH. FLORIDA 33119-2032 TELEPHONE 1305)673-7470 TELECOPY 1305)673-7002 COMMISSION MEMORANDUM NO. 87:3 _9 (4 TO: MAYOR SEYMOUR GELBER DATE: DECEMBER 7, 1994 MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON FROM: LAURENCE FEINGOLD ` CITY ATTORNEY �._ � u !!%7 SUBJECT: AMENDMENT TO MIAMI BEACH CITY CODE SECTION 41-47 CONCERNING EXEMPTIONS FROM RESORT TAX FOR RESIDENCY TERMS OF SIX MONTHS OR LESS The attached housekeeping Ordinance amending City Code Chapter 41, Article V, thereof entitled "Resort Tax" has been drafted for the purpose of codifying the following two changes in the State Legislature's Resort Tax law: Deletion of the requirement that resort taxes on food, beverages, intoxicating liquors or wine be limited to beverage consumption "on the premises"; Providing that resort tax shall be imposed on residencies of six months or less (as opposed to eleven months or less). Section 5.03 of the City Charter entitled "Tax and Occupancy of Hotels, etc. and on Certain Foods and Beverages" governing the City's Resort Tax needs to be similarly amended. A referendum is not needed for this Charter amendment because the State has preempted this area of the law. The Charter amendment will thus go into effect upon adoption of this proposed Ordinance. If passed on second reading, the legislation will go into effect on January 1, 1995 so as to allow the City Administration the month of December to notify all 2,000 resort tax payers of the law's changes. LF:JO/ks AGENDA e--)- (c:\wpdocs\jean\commisn--.\51-47.zn:t I TEM DATE 12.— 9-9 Li 1700 CONVENTION CENTER DRIVE- FOURTH FLOOR -MIAMI BEACH, FLORIDA 33139 • • • G o a) •H 4-) - u •r Lr a) c3 a q • �t NI- -.t 1.1 • 0 I CO • 7a •H P4 • • a) • O H coJ • z a k • C, C by H E • ra 7...) •r-I ro w X O — O 0 0H U cd O E rl O a..) �+ 4.4 ,.0 •rI 4-I r! CO V X 0 v) ro a G O H H •O •rI 1.J 4J 0 o E (1) CO I a) ¢ zw