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Ordinance 98-3148 ORDINANCE NO. 98-3148 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 102 OF THE MIAMI BEACH CITY CODE, ENTITLED "TAXATION" ARTICLE V OCCUPATIONAL LICENSE TAX OF THE MIAMI BEACH CITY CODE, AMENDING BY ELIMINATING SUBSECTION 102-362(2), AMENDING 102-371(G) BY ELIMINATING REQUIREMENT OF ANNUAL RENEWAL, AND AMENDING 102-371(H) BY REQUIRING ANNUAL SUBMISSION WITH RENEWAL IN THE CASE OF SELLERS OF TRAVEL ONLY; AND AMENDING 102-372 TO AS A GROUND FOR DENIAL OR RENEWAL IF THE APPLICANT IS DELINQUENT IN PAYMENT OF ANY LICENSE FEE; CODE ENFORCEMENT LIEN; SPECIAL ASSESSMENT LIEN AND OR ANY OTHER DEBT OR OBLIGATION DUE THE CITY UNDER STATE OR LOCAL LAW; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Subsection 102-362 (2) of Miami Beach City Code Chapter 102, entitled "Transfer of license after relocation" is hereby amended as follows: SECTION 2. That Subsection 102-371(g), (h) of Miami Beach City Code Chapter 102, entitled "Application procedures; grounds for denial." is hereby amended as follows: (g) Smoke detector form. All apartment houses, hotels, roominghouses, boardinghouses, ACLF's, nursing homes and private hospitals must submit a smoke detector report on a form prescribed by the city manager or his designee prior to the issuance of the original license atf - -- - - - - - .--- : - -- •: . A license will not be issued until the smoke detector report form is properly completed and submitted. Failure to do so in a timely manner will result in enforcement procedures and penalties as provided in this article. (h) State license. All businesses and professions regulated by the state must submit a copy of their current state license prior to the issuance of their original city licenses and thereafter each year at time of renewal in the case of sellers of travel only. Only the state license itself, or in the case of the state hotel and restaurant commission, the receipt issued by the state, shall constitute proof of current state license. SECTION 3. That Subsection 102-372 of Miami Beach City Code Chapter 102, entitled "Grounds for denial" be amended to include section (15) as follows: (15) The applicant is delinquent in the payment of any License Fee imposed under this Article: Code Enforcement Lien: Special Assessment Lien and/or any other debt or obligation due to the City under State or Local Law. SECTION 4. That Subsection 102-374 of Miami Beach City Code Chapter 102, entitled "Penalty for late payment" be amended to include section (c) as follows: (c) Renewed licenses will not be issued until all delinquent payments for any License Fee imposed under this Article: Code Enforcement Lien: Special Assessment Lien and/or any other debt or obligation due to the City under State or Local Law has been paid in full. Any debt or obligation shall not be deemed due if any appeal has been timely filed and has not been disposed of. SECTION 5. REPEALER All ordinance or parts of ordinance in conflict herewith be and the same are hereby repealed. SECTION 6. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect on thel4th day of Nov. , 1998. PASSED AND ADOPTED this 4th day of November , 1998. VYR MAYOR ATTEST: rgamt- PAPPROVED AS TO i C� FORM & LANGUAGE & FOR EXECUTION CITY CLERK 1st reading 10/7/98 �/I /I/ i ., %�! + Y ? 2nd reading 11/4/98 tY •tt:me e Y • ; ITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 :tp:\\ci.m iami-beach.fl.us COMMISSION MEMORANDUM NO. —7 31 -9g TO: Mayor Nelsen O. Kasdin and DATE: November 4, 1998 Members of the City Co mission FROM: Sergio Rodriguez ,/ City Manager / SUBJECT: AN ORDIN• ' E OF THE MAYOR AND CITY COMMISSION OF THE CITY OFjMIAMI BEACH,FLORIDA,AMENDING CHAPTER 102 OF THE MIAMI BEACH CITY CODE, ENTITLED "TAXATION" ARTICLE V OCCUPATIONAL LICENSE TAX OF THE MIAMI BEACH CITY CODE, AMENDING BY ELIMINATING SUBSECTION 102-362(2), AMENDING 102-371(G) BY ELIMINATING REQUIREMENT OF ANNUAL RENEWAL, AND AMENDING 102-371(H) BY REQUIRING ANNUAL SUBMISSION WITH RENEWAL IN THE CASE OF SELLERS OF TRAVEL ONLY; AND AMENDING 102-372 TO AS A GROUND FOR DENIAL OR RENEWAL IF THE APPLICANT IS DELINQUENT IN PAYMENT OF ANY LICENSE FEE; CODE ENFORCEMENT LIEN; SPECIAL ASSESSMENT LIEN AND OR ANY OTHER DEBT OR OBLIGATION DUE THE CITY UNDER STATE OR LOCAL LAW; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATIVE RECOMMENDATION: Adopt the the Ordinance. BACKGROUND: At its July 28, 1998 meeting, the Budget Advisory Committee recommended that the licensing ordinance be amended to include a section that strengthens the City's ability to collect debts owed to it. Pursuant to their recommendation, amendments to the City Code Section 102-372 for new occupational licenses and to the City Code Section 102-374 for renewals of occupational license will strengthen collection procedures by withholding occupational licenses until any outstanding Code Enforcement Lien; Special Assessment Lien and/or any other debt or obligation due to the City under State of Local Law has been satisfied. Additionally, we are amending two additional Sections of the City Code to conform to procedures currently in effect. This will also expedite the renewal process for the issuance of occupational licenses. The proposed change to the City Code Section 102-362(2) eliminates a requirement which was made obsolete when the Finance Department was made the administering department for occupational licenses. The proposed change to City Code Section 102-371(g),(h) eliminates AGENDA ITEM l 5R R DATE 1 1-4,1-9g • additional forms which duplicate the Fire Department's Annual Fire Inspection Report. State license requirements are to be in conformance with Florida Statute 205.194 and 205.1971. The Ordinance was approved on first reading by the City Commission on October 7, 1998. ANALYSIS: Miami Beach City Code Chapter 102 authorizes the City to collect fees for various types of occupational licenses. The proposed amendments will both streamline and strengthen collection procedures for debts or obligations due to the City. CONCLUSION City Commission should adopt the ordinance in order to strengthen collection efforts. SR•4' W:GE:jlm A.\LIC+I N2 WPD s C • a, • PC1 • •r1 • CO 0 . • -r1 . 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