Ordinance 99-3191 ORDINANCE NO, 99-3191
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102,
ENTITLED"TAXATION";BY AMENDING SECTION 102-356,ENTITLED
"CONSTRUCTION OF ARTICLE; DEFINITIONS" BY AMENDING THE
DEFINITION OF "PROMOTER"; BY AMENDING SECTION 102-371,
ENTITLED "APPLICATION PROCEDURES; GROUNDS FOR DENIAL,"
BY AMENDING APPLICATION REQUIREMENTS FOR
ESTABLISHMENTS WHICH SERVE ALCOHOLIC BEVERAGES; BY
AMENDING SECTION 102-378 ENTITLED "LAPSE OF INSURANCE;
BONDS," BY AMENDING THE BOND REQUIREMENTS WITH REGARD
TO CERTAIN DANCE OR ENTERTAINMENT EVENTS CO-SPONSORED,
CO-HOSTED,AND/OR FUNDED IN WHOLE OR IN PART BY THE CITY;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach City Commission adopted Ordinance No. 99-3173
on March 3, 1999 (with an effective date of May 1, 1999) which provided licensing requirements
for promoters of dance and entertainment events in the City; and
WHEREAS,certain revisions are required to be made to the Promoter Ordinance in order
to better accomplish its purposes to make promoters accountable for the adverse effects which their
promoted events have on the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 102-356 OF CITY CODE CHAPTER 102
That Section 102-356 of City Code Chapter 102 is hereby amended as follows:
Section 102-356. Construction of Article; definitions.
All of the provisions of this article shall be construed liberally on behalf of the City. Words
and terms not defined in this section shall be interpreted in accordance with their normal dictionary
meaning and customary usage. The following words,terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
* * *
Promoter means any Person that who pPromotes, . ;.- -, . :: . - -- -.: - -- - a dance
or entertainment event on the premises of a Business that is licensed to serve alcoholic beverages.
To Promote a dance or entertainment event is to be involved in one or more of the following
activities: (a)hiring any of the Persons staffing the event(e.g., deejay,host, cashier, doorman, etc.),
(b)hiring any of the Persons distributing or mailing invitations, flyers, posters, or other marketing
materials in connection with such event, or(c) making the ultimate decision concerning the cost of
entrance to the event. A Promoter does not include a) a Business, or any full-time employee of the
Business,that pPromotes a dance or entertainment event on premises for which the business holds
a valid City occupational license; b) a 501(c) corporation, unless it is permitting the use of its
temporary alcoholic beverage license by another Business on the premises of such other Business;
er (c) a Person who holds or pPromotes a private reception not open to the general public; (d) a
Person who is hired by a Promoter to host, plan or market a dance or entertainment event; or(e) a
Person who sponsors, or allows his name to be used in connection with, a dance or entertainment
event, provided such Person does not also Promote the event.
SECTION 2. AMENDMENT OF SECTION 102-371 OF CITY CODE CHAPTER 102
That Section 102-371 of City Code Chapter 102 is hereby amended as follows:
Section 102-371. Application procedures; grounds for denial.
* * *
(i) Alcoholic beverage establishments. All establishments that serve alcoholic beverages
and all Promoters shall submit a completed form supplied by the City acknowledging that
compliance with the following laws and requirements is an express condition of holding the City
license applied for:
* * *
(b) During the hours when alcoholic beverages are served by any
Business, a nontransferable identification bracelet must be placed on
the right wrist of all persons entering the premises of the Business
who are miler over 21 years of age.
2
SECTION 3. AMENDMENT OF SECTION 102-378 OF CITY CODE CHAPTER 102.
That Section 102-378 of City Code Chapter 102 is hereby amended as follows:
Sec. 102-378. Lapse of insurance, bonds.
b) (1) Promoters shall be required to post a bond or cash ("Promoter Bond") in the
amount set forth below prior to the issuance or renewal of a license. If, at any time, the Promoter
fails to keep the bond in effect,the license issued to such Promoter shall become null and void. No
license shall be issued to a Promoter if there are outstanding City fines assessed against such
Promoter, or outstanding City fines relating to Promoters, assessed against the Business at whose
premises the Promoter is seeking a Premises Specific license.
* * *
(6) In no event shall the amount of the required Promoter Bond exceed Ten Thousand
($10,000) Dollars, except as provided in paragraph(8)below.
(7) As used herein, total permitted occupancy shall include the total permitted
occupancy load for the inside,outside,terrace, first floor, second floor, mezzanine, seating area,bar,
and all other areas of the premises at which the dance and entertainment event could be held.
(8) A Promoter holding simultaneous events on different premises after July 1, 1999
shall be required to obtain a separate bond for each premises where such simultaneous dance or
entertainment events are held,unless the dance or entertainment event is held after June 9, 1999 and
is in conjunction with a convention,trade show, or special event which is co-sponsored. co-hosted,
and/or funded in whole or in part by the City,in which case,the provisions of paragraph(b)(6)above
apply.
* * *
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
3
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity.
SECTION 6. 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
Miami Beach City Code. 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 7. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of July , 1999.
PASSED and ADOPTED this 23rd day of June , 1999.
114
MAYOR
ATTEST:
141(A)AX pati
I
CITY CLERK
APPROVED AS TO
1st reading 6/9/99 FORM & LANGUAGE
2nd reading 6/23/99 & FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.m iam i-beach.fl.us
COMMISSION MEMORANDUM NO. 1-16)b"Cil
TO: Mayor Nelsen O.Kasdin and DATE: June 23,1999
Members of the City Commission
FROM: Sergio Rodriguez /
City Manager /,I,
SUBJECT: AN ORDI •f`1E OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102,
ENTITLED "TAXATION",BY AMENDING SECTION 102-356,ENTITLED
"CONSTRUCTION OF ARTICLE; DEFINITIONS" BY AMENDING THE
DEFINITION OF "PROMOTER"; BY AMENDING SECTION 102-371,
ENTITLED "APPLICATION PROCEDURES; GROUNDS FOR DENIAL,"
BY AMENDING APPLICATION REQUIREMENTS FOR
ESTABLISHMENTS WHICH SERVE ALCOHOLIC BEVERAGES; BY
AMENDING SECTION 102-378 ENTITLED "LAPSE OF INSURANCE;
BONDS," BY AMENDING THE BOND REQUIREMENTS WITH REGARD
TO CERTAIN DANCE OR ENTERTAINMENT EVENTS CO-SPONSORED,
CO-HOSTED,AND/OR FUNDED IN WHOLE OR IN PART,BY THE CITY;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance.
BACKGROUND
In March, 1999, the City Commission adopted Ordinance no. 99-3173, known as "The Promoter
Ordinance". The Ordinance reflects months of meetings held by Washington Avenue Task Force
with the assistance of the City's Legal Department and members of the Administration.
In an effort to educate the club and bar owners, and to clarify questions related to the use of
promoters, the City held a workshop prior to the May 1, 1999 effective date of the Ordinance.
Meeting announcements were hand-delivered by Code Enforcement, and a standing-room only
crowd filled the First Floor Conference Room for the meeting.
As a result of that workshop, several amendments to the Ordinance are now proposed.
AGENDA ITEM ` ) 5 b
155 DATE 4" 2. "19
ANALYSIS
This Ordinance reflects three amendments as follows:
1) The definition of a promoter has be expanded to include specific activities and exempt others
that should not be captured as part of the definition.
2) Discussions with the members of the industry have made it clear that identification bracelets
should be worn by patrons over 21 years of age. Only those wearing a bracelet will be
served alcoholic beverages.
3) As written,the Ordinance provides that when a promoter has simultaneous events, separate
bonds be posted for each venue used. The amendment adds new language to exempt dance
or entertainment events that occur in conjunction with "a convention,trade show or special
event; co-sponsored, co-hosted, and/or funded in whole or in part, by the City". In such
cases, only one $10,000 bond would be required.
Without this amendment, convention and trade shows may be unfairly financially burdened,and the
viability of the conventions jeopardized.
This Ordinance was unanimously supported on first reading at the June 9, 1999 City Commission
meeting.
CONCLUSION
The amendments proposed are further refinements to a recently passed Ordinance created to provide
greater accountability for those that promote events in the City's bars and clubs. The City
Commission should adopt the Ordinance.
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156
CITY O F MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission
of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida, on Wednesday, June 23, 1999, at the times
listed below, to consider the adoption of the following ordinances:
at 10:30 a.m. :
AN ORDINANCE REPEALING, IN ITS ENTIRETY, CHAPTER 2, DIVISION 24, SECTIONS 2-190.81 THROUGH
• 2-190.84, OF THE MIAMI BEACH CITY CODE, ENTITLED "TOURIST AND CONVENTION CENTER EXPANSION
AUTHORITY"; SAID REPEALER HAVING THE EFFECT OF SUNSETTING THE AUTHORITY; PROVIDING FOR
SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE.
INQUIRIES may be directed to the Convention Center at (305) 673-7311.
at 10:35 a.m. :
AN ORDINANCE CREATING DIVISION 24 OF CHAPTER 2 OF THE MIAMI BEACH CITY CODE TO BE ENTITLED
"CAPITAL PROJECTS OVERSIGHT COMMITTEE", CREATING SECTIONS 2-190.81 THROUGH 2-190.84,
ESTABLISHING THE PURPOSE, COMPOSITION, POWERS, AND DUTIES OF THE COMMITTEE; PROVIDING FOR
SEVERABILITY, CODIFICATION, REPEALER, AN EFFECTIVE DATE AND SUNSET PROVISION.
•
INQUIRIES may be directed to the City Manager's Office at (305) 673-7010.
at 11:00 a.m. :
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130
ENTITLED "OFF STREET PARKING", SECTION 130-68 ENTITLED "COMMERCIAL AND NONCOMMERCIAL PARKING
GARAGES" BY CLARIFYING THE REQUIREMENTS FOR ARCHITECTURAL COMPATIBILITY OF PARKING GARAGES
AS A MAIN USE IN RESIDENTIAL ZONING DISTRICTS; BY ALLOWING COMMERCIAL USES IN THE FIRST
FLOOR FRONTAGE OF SUCH PARKING GARAGES LOCATED IN AN RM-2 DISTRICT WHICH IS ADJACENT TO AN
RM-3 DISTRICT; BY LIMITING THE RESIDENTIAL OR COMMERCIAL SPACE ASSOCIATED WITH SUCH PARKING
GARAGES TO 25% OF THE TOTAL FLOOR AREA OF THE GARAGE; BY LIMITING THE HEIGHT OF SUCH PARKING
GARAGES; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
INQUIRIES may be directed to the Planning bepartment at (305) 673-7550.
at 11:30 a.m. :
AN ORDINANCE AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION",
AMENDING ARTICLE 3, ENTITLED "AGENCIES, BOARDS, AND COMMITTEES", AMENDING DIVISION 25,
ENTITLED "TRANSPORTATION AND PARKING COMMITTEE", BY AMENDING THE COMPOSITION OF THE
COMMITTEE TO SUBSTITUTE REPRESENTATION FROM THE WASHINGTON AVENUE TASK FORCE FOR THE
WASHINGTON AVENUE ASSOCIATION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
INQUIRIES may be directed to the City Manager's Office at (305) 673-7010.
at 11:40 a.m. :
AN ORDINANCE AMENDING ORDINANCE NO. 1605 AS AMENDED, WHICH ESTABLISHED POSITIONS IN THE
UNCLASSIFIED SERVICE AND SALARY RANGES FOR UNCLASSIFIED EMPLOYEES, BY AMENDING THOSE
PROVISIONS RELATING TO THE EMPLOYEES OF THE CITY ATTORNEY'S OFFICE BY ABOLISHING THE
DISTINCTION BETWEEN PERSONS EMPLOYED BEFORE AND AFTER OCTOBER 1, 1992; ABOLISHING THE STEP
SYSTEM; AMENDING SALARY RANGES FOR THE CITY ATTORNEY, CHIEF DEPUTY, DEPUTY, AND FIRST
ASSISTANT CITY ATTORNEYS, SENIOR ASSISTANT CITY ATTORNEYS AND ASSISTANT CITY ATTORNEYS II,
OFFICE MANAGER, LEGAL SECRETARIES, PARALEGALS AND RECEPTIONIST; PROVIDING FOR REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
INQUIRIES may be directed to the City Attorney's Office at (305) 673-7470.
161
at 4:00 p.m. :
AN ORDINANCE AMENDING ARTICLE VI, OF CHAPTER 82 OF THE MIAMI BEACH CITY CODE, ENTITLED
"NAMING OF PUBLIC FACILITIES AND STREETS AND ESTABLISHMENTS OF MONUMENTS OR MEMORIALS",
CREATING SECTION 82-505 PROVIDING FOR THE ACCEPTANCE OF MONETARY DONATIONS IN CONSIDERATION
FOR THE NAMING OF PUBLIC FACILITIES; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
at 4:30 p.m. :
AN ORDINANCE AMENDING CHAPTER 102, ENTITLED "TAXATION", BY AMENDING SECTION 102-356,
ENTITLED "CONSTRUCTION OF, ARTICLE; DEFINITIONS" BY AMENDING THE DEFINITION OF "PROMOTER";
BY AMENDING SECTION 102-371, ENTITLED "APPLICATION PROCEDURES; GROUNDS FOR DENIAL, " BY
AMENDING APPLICATION REQUIREMENTS FOR ESTABLISHMENTS WHICH SERVE ALCOHOLIC BEVERAGES; BY
AMENDING SECTION 102-378 ENTITLED "LAPSE OF INSURANCE; BONDS, " BY AMENDING THE BOND
REQUIREMENTS WITH REGARD TO CERTAIN DANCE OR ENTERTAINMENT EVENTS CO-SPONSORED, CO-HOSTED,
FUNDED IN WHOLE OR IN PART, OR OTHERWISE ENDORSED BY THE CITY; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE.
INQUIRIES may be directed to the City Manager's Office at (305) 673-7010.
All persons are invited to appear at this meeting or be represented by an agent, or to
express their views in writing addressed to the City Commission c/o the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of this
ordinance are available for public inspection during normal business hours in the City
Clerk's Office. The hearing on this Ordinance may be continued at this meeting and under
such circumstances, additional legal notice would not be provided.
Pursuant to Section 286.0105, Fla. Stat. , the City hereby advises the public that: if a
person decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing, such person must ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmissable or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's Office no
later than four days prior to the proceeding. Telephone (305) 673-7411 for assistance; if
hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or
(800) 955-8770 (VOICE) , for assistance.
162
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