Ordinance 96-3044 ORDINANCE NO. 96-3044
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
SECTION 20-17 OF THE MIAMI BEACH CITY CODE CHAPTER
20, ENTITLED "BUSINESS LICENSES", PROVIDING CRIMINAL
PENALTIES FOR CONDUCTING BUSINESS WITHOUT FIRST
OBTAINING A LICENSE; PROVIDING FOR A REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, a number of businesses in the City are operating without a business license;
and
WHEREAS, Special Master prosecutions have not been effective in curtailing the
operation of such businesses without a business license; and
WHEREAS, stricter penalties against these business are needed; and
WHEREAS, the Administration believes that the proposed amendments will be effective
in curtailing the operation of businesses without a business license; and
WHEREAS, it is necessary to protect the health, welfare, and safety of the citizens to
provide an additional method of enforcement.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. SECTION 20-17 IS HEREBY AMENDED TO READ AS FOLLOWS:
SEC. 20-17. PENALTIES ,ENFORCEMENT; COLLECTION OF DELINQUENT
FEES AND TAXES, AND CRIMINAL PENALTIES.
Any Person who shall carry on or conduct any Business for which a License is required by this
Article, without first obtaining such License, or who violates any other provision of this Chapter
shall be cited with a notice of violation as provided in Chapter 9b of the Miami Beach City
Code and shall be subject to one or more of the following enforcement/collection procedures:
A. Prosecution before the City's Special Master, as provided in Chapter 9b, with
penalties as set forth therein.
B. Prosecution in Dade County Court dS provided iii Mia►ni Beach City Code
Section 1-8 Willi penalties dS set (orifi therein.
B.e. Suspension/revocation proceedings as set forth in Section 20-44 herein.
C.157 Suit for injunctive relief to enjoin operation of the Business in violation of this
chapter.
D. As an additional means of enforcement/collection and supplemental to the
above, when a notice or record of any past due Business License fees and penalties which
become due and payable to the City after the effective date of this Ordinance is recorded in
the public records of Dade County, said notice shall constitute a special assessment lien upon
all real and personal property of the Business owing such fees and penalties, and shall remain
a lien equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank
and dignity to all other liens, encumbrances, titles and claims in, to or against the property
involved. Such liens may be foreclosed or levied upon in the manner provided by law.
E. In addition to the above, a violation of this Section shall constitute a
misdemeanor and shall be punished by imprisonment not to exceed sixty (60) days or by
imposition of a fine not to exceed Five Hundred and 00/100 Dollars ($500.00) or both.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
2
b
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this ordinance shall become and be made a part
of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 11th day of May , 1996.
PASSED and ADOPTED this 1st day of 4= 19• ,
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ATTEST: hi ,
I �I
R0u..- ..a-- FORM APPROVED
CITY CLERK LEGAL DE T.
1st reading 4/17/96
2nd reading 5/1/96 By �� + a —
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Date
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OFFICE OF THE CITY ATTORNEY
64 I/
" • Wald
F L O R I D A
r\Pr, ""�'s
MURRAY H. DUBBIN ~ '�`� *a.City Attorney s� Telephone: (305) 673-7470
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p C Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO: 83--I to
May 1, 1996
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
FROM: JOSE GARCIA-PEDROSA
CITY MANAGER
MURRAY H. DUBBIN Mi
CITY ATTORNEY
SUBJECT: BUSINESSES OPERATING WITHOUT A BUSINESS LICENSE
Several businesses in the City operate without a business license. Special Master
prosecutions have not been effective in curtailing the operation of such businesses without a
business license. Stricter penalties against these businesses are needed. The City Attorney
has determined that operating without a business license may be prosecuted as a
misdemeanor in County Court. Before we can commence such prosecutions, however, we
must amend our Business License Ordinance No. 95-2995 to provide for criminal penalties and
prosecution. The Administration believes that the proposed amendment will be effective in
curtailing the operation of businesses without a business license.
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f:\atto\sacs\buslic\chap-20.cm
Agenda Item 5
Date
1700 Convention Center Drive— Fourth Floor— Miami Beach,Florida 33139
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