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Ordinance 2019-4268 ORDINANCE NO. 2019-4268 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY AMENDING ARTICLE V, ENTITLED "LOCAL BUSINESS TAX," BY AMENDING SECTION 102-356 THEREOF, ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS," TO AMEND THE DEFINITION OF "PROMOTER"; AMENDING SECTION 102-360 THEREOF, ENTITLED "BUSINESS TAX RECEIPT DURATION AND EXPIRATION DATE," TO ESTABLISH A PROHIBITION ON THE ISSUANCE OF BUSINESS TAX RECEIPTS TO PROMOTERS DURING HIGH IMPACT PERIODS, AND FURTHER ESTABLISHING THE SUSPENSION, DURING HIGH IMPACT PERIODS, OF THOSE ANNUAL BUSINESS TAX RECEIPTS ISSUED TO PROMOTERS; AMENDING SECTION 102-377 THEREOF, ENTITLED "PENALTIES, ENFORCEMENT; COLLECTION OF DELINQUENT FEES AND TAXES, AND CRIMINAL PENALTIES," BY SETTING FORTH ADDITIONAL PENALTIES FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT HAVE A PROMOTED EVENT DURING A HIGH IMPACT PERIOD; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is an internationally renowned tourist destination; and WHEREAS, due to its domestic and international popularity as a resort and entertainment destination, many events, both authorized by City special event permits and otherwise, occur within the City; and WHEREAS, dance and other entertainment events that take place during "high impact periods" (as such term is defined in Section 82-443 of the City Code), which periods may include, but are not limited to, New Year's Eve, Super Bowl Weekend, Spring Break, Gay Pride, Memorial Day Weekend, and Fourth of July, attract a tremendous number of visitors to the City; and WHEREAS, prior to the commencement of these events occurring during high impact periods, the City and the event programmers work together to validate the event, and to mitigate potential issues such as traffic, crowd control, street closures, whether alcohol will be served, etc., through either the City's special events permitting process(i.e. New Year's Eve, Gay Pride, Fourth of July) or, where City venues are being utilized, through a written agreement with the City (i.e. Art Basel, Food and Wine Festival, Air and Sea Show); and • WHEREAS, there are, however, high impact periods (i.e. Winter Music Conference, Memorial Day, Spring Break), not subject to the City's special events permitting process, or which do not utilize a City venue (so there is no written agreement with the City); and WHEREAS, high impact periods, such as Memorial Day and Spring Break, rely heavily upon attracting numerous patrons to these events, which are promoted and organized by third- party dance and entertainment promoter(s) at alcoholic beverage establishments; and WHEREAS, a high concentration of these events occur in nightclubs, bars, and other alcoholic beverage establishments located within the City's "entertainment district," which has been traditionally identified as that area of Ocean Drive, from 5th to 16th Street, Collins Avenue, from 5th to 16th Street, and Washington Avenue, from 5th to 16th Street; and WHEREAS, this "entertainment district" represents an area of the City with a higher than average, dense concentration of nightclubs, bars, and other alcoholic beverage establishments within this limited area; and WHEREAS, consequently, during some high impact periods such as Memorial Day and Spring Break, these establishments attract large crowds to the area, challenging the public safety and quality of life in the surrounding neighborhoods; placing an enormous strain upon the City's resources; and causing numerous law enforcement issues and logistical challenges for the City; and WHEREAS, these dance and entertainment events take place throughout a multitude of venues in the entertainment district every night during these high impact periods; and, again, the majority are the direct result of promoted events that attract a large number of individuals; and WHEREAS, the event promoter industry has been radically transformed over the last decade through the utilization of the internet and other forms of social media, which enable event promoters to reach masses of people and attract ever-larger crowds to these promoted events; and WHEREAS, these promoted dance and entertainment events are advertised and marketed on social media to the "college age" and "twenty-something" demographic, but also have the effect of also luring and enticing younger, underage patrons; and WHEREAS, the allure of these promoted events may also result in facilitating and encouraging illegal behavior such as underage drinking, engaging in disorderly conduct, violating the occupancy limits of these alcoholic beverage establishments, and other conduct and disturbances creating a danger to the health, safety, and welfare of the public; and WHEREAS, these promoted dance and entertainment events cause excessive noise and increased traffic(both vehicular and pedestrian congestion), thereby directly disturbing the quality of life in the surrounding neighborhoods, and negatively impacting nearby businesses and residents; and WHEREAS, these events also result in excessive litter on City streets and surrounding commercial and residential common areas, from flyers, handbills, liquor bottles and cans, empty cups and straws, used drug paraphernalia, and other debris; and WHEREAS, the associated overflowing of crowds upon the public streets and right of ways disturbs the tranquility and order of the surrounding areas (i.e., both business and residential); and WHEREAS, the Mayor and City Commission desire to adopt the following amendments, to directly address, and hopefully alleviate, those problems and issues that are caused, directly and indirectly, by promoters of dance and entertainment events, within the entertainment district, occurring during high impact periods. 2 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article V of Chapter 102 of the Code of the City Miami Beach, is hereby amended to set forth the Definition of Promoter, as follows: CHAPTER 102 TAXATION ARTICLE V. LOCAL BUSINESS TAX * * * Sec. 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 who promotes a dance or entertainment event. en-the-which is to occur or take place on the premises of a an alcoholic beverage establishment. business that is _ - . - - __ _ •_ _- . - _ _ - . 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 to market and-or advertise the event including,without limitation, disseminating information on the internet, social media, and other forms of electronic communications, and/or distributing or mailing invitations,flyers, posters, or other marketing materials in connection with such event; or (c) making the ultimate a decision concerning the cost of entrance to the event-, or(d)other activities which evidence that the person is directly or indirectly responsible for the organization of the dance or entertainment event. A promoter does not include (a) a the promotion of a dance or entertainment event by an alcoholic beverage establishment bucinca , or any full-time employee of the that establishment business, - - - - - - - -- - -- - - - ---- - . -- to occur on its premises (i.e. self-promotion) _ -- __ -- _ - - - •_ _' . e- •-- - "-'•e ; (b) a 501(c) not-for-profit corporation, the extent that the not-for-profit personally plans, prepares, or executes an event on its own behalf; on the premises of such other business; (c) a person who holds or promotes a private reception not open to the general public; (d) a person who is hired by a Ppromoter to host, plan vrrmarket a dance or entertainment event but exercises no other promoter related activities, as set forth herein; or (e) a person who sponsors, or allows his/her name to be used in connection with, a dance or entertainment event, provided such Person does not also Promote the event. but exercises no other promoter related activities, as set forth herein. The term promoter shall not be deemed to include the City of Miami Beach or any City-owned facility(including, without limitation, 3 the Miami Beach Convention Center, the Fillmore at the Jackie Gleason Theater of the Performing Arts, the Colony Theater, and the Botanical Garden) which is operated and managed by a third party pursuant to a written agreement with the City. A person or entity issued a City of Miami Beach special event permit, or who enters into a written agreement with the City to plan, prepare and execute a s•ecial event shall also no be deemed to be a •romoter under this section. Sec. 102-360. Business tax receipt duration and expiration date. Each business tax receipt shall be valid for one year. Tax receipts shall be issued beginning October 1 of each year and shall expire on September 30 of the following year. Notwithstanding the foregoing, or any other section in this chapter to the contrary;_ (1) Business tax receipts for promoters may be issued for a single dance or entertainment eventzor for the full year commencing on October 1 and expiring on September 30 of the following year. al No business tax receipt shall be issued to a promoter for any event if such event is to occur during a high impact period, as designated by the City Manager pursuant to Section 82-443 of the City Code. and to be held at an alcoholic beverage establishment located in any of the following areas: L MXE mixed use entertainment district, excluding that portion of the MXE District located between 73rd and 75th Streets: ii. that portion of the CD-2 commercial, medium intensity district between Pennsylvania Avenue and Collins Court, from 5th Street to 16th Street. All-annual Any business tax receipt(s) issued to promoters shall be suspended during high impact periods events, as s•ecificall set forth and identified wi hin subsection 2 . The provisions prohibiting the issuance of a business tax receipt set forth herein, shall not apply to those promoters that obtain a special event permit issued by the City Manager. [EDITOR'S NOTE: THE CITY MANAGER'S DETERMINATION OF A HIGH IMPACT PERIOD, SHOULD BE LIMITED TO A FINITE PERIOD ("72 HOURS"), UNLESS OTHERWISE EXTENDED BY THE MAYOR AND CITY COMMISSION. WE RECOMMEND INCLUDING THIS IN THE DEFINITION OF "HIGH IMPACT EVENTS."] * * * Sec. 102-376. Business owner's responsibility/joint responsibility for violations. (a) It shall be unlawful and a violation of this article for any person to operate or permit to operate upon his/her/its premises a business not currently taxed as required by this article. (b) Further, if a business rents, leases, contracts, assigns, or otherwise permits the use of its premises, or any portion thereof, by a promoter, then such business will be jointly responsible for all city code violation fines incurred by the promoter; provided, however, that if the promoter has a valid promoter business tax receipt and a bond, if any, has been posted by 4 the promoter pursuant to section 102-378, such bond shall first be used to pay any Code violation fines incurred as a result of the promoted dance or entertainment event. Sec. 102-377. Penalties,enforcement; collection of delinquent fees and taxes, and criminal penalties. (a) Any person who shall carry on or conduct any business for which a tax receipt is required by this article without first obtaining such tax receipt shall be issued a violation for the offense which shall have a civil fine of$1,000.00. The enhanced enforcement for this violation shall be pursuant to subsection 102-377(d) herein. The enforcement and appeal of the notice of violation shall be consistent with those requirements set forth in subsection 102-386(c)(2) and (3). (b) Any person who violates any other provision of this article shall be cited with a notice of violation as provided in subsection 102-386(c) of this Code, and may be subject to one or more of the following enforcement/collection procedures: (1) Suspension/revocation proceedings as set forth in sections 102-383 through 102- 385. (2) Suit for injunctive relief to enjoin operation of the business in violation of this article. (c) As an additional means of enforcement/collection and supplemental to the above, when a notice or record of any past-due business tax/fees and penalties that become due and payable to the city after the effective date of this section is recorded in the public records of the county, the 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. (d) In addition to the above, a continued violation of subsection 102-377(a) for a period of 30 days or more without first obtaining a tax receipt, shall be punished by imprisonment not to exceed 60 days or by imposition of a fine not to exceed $500.00 or both. (e) As an additional means of enforcement and supplemental to the above, if any person carries on or conducts any business for which a tax receipt is required by this article without first obtaining such tax receipt, then the city may prevent the business from operating until the required tax receipt is obtained. • !Lf An alcoholic beverage establishment that permits. allows, authorizes, grants, or approves the use of its premises by a promoter, who has violated the provision(s) of Section 102-360, shall be subject to the immediate closure of its business operations for the event duration. 5 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 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 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 day of S4 , 2019. PASSED AND ADOPTED this 2 day of meq , 2019. ATTEST: /s5 )1 Dan Gelber, Mayor r 5-47 /11 Rafael E. Granado, City Clerk Underline denotes additions St-ikethrough denotes deletions Double underline denotes additions after First Reading (Sponsored by Mayor Dan Gelber) APPROVED AS TO ..wkwomt. FORM&LANGUAGE �0��f &FOR EXECUTION caerl--- 4 -11 SII i City Attorney Date INC ORP ORATED: 4 Ordinances - R5 K MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: May 8, 2019 1:35 p.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY AMENDING ARTICLE V, ENTITLED "LOCAL BUSINESS TAX," BYAMENDING SECTION 102-356 THEREOF, ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS," TO AMEND THE DEFINITION OF "PROMOTER"; AMENDING SECTION 102-360 THEREOF, ENTITLED "BUSINESS TAX RECEIPT DURATION AND EXPIRATION DATE," TO ESTABLISH A PROHIBITION ON THE ISSUANCE OF BUSINESS TAX RECEIPTS TO PROMOTERS DURING HIGH IMPACT PERIODS, AND FURTHER ESTABLISHING THE SUSPENSION,-DURING HIGH IMPACT PERIODS, OF THOSE ANNUAL BUSINESS TAX RECEIPTS ISSUED TO PROMOTERS; AMENDING SECTION 102-377 THEREOF, ENTITLED "PENALTIES, ENFORCEMENT; COLLECTION OF DELINQUENT FEES AND TAXES, AND CRIMINAL PENALTIES," BY SETTING FORTH ADDITIONAL PENALTIES FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT HAVE A PROMOTED EVENT DURING A HIGH IMPACT PERIOD; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION Pursuant to the request of Mayor Dan Gelber, the above-referenced Ordinance is submitted on Second Reading for consideration by the City Commission at the May 8, 2019 Commission meeting. Legislative Tracking Office of the City Attorney Sponsor Mayor Dan Gelber ATTACHMENTS: Description Page 450 of 1102 ❑ Commission Memo Re Ch. 102, Prohibit Issuance of BTR during High Impact Periods ❑ Ordinance Amending Sec 102-356, 102-360, 102-377 Business Tax Receipts to Promoters During High Impact Periods o Ad Page 451 of 1102 MI A MI B AC OFFICE OF THE CITY ATTORNEY RAUL AGUILA,CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR DAN GELBER MEMBERS OF THE CITY COMMISSION SECOND READING JIMMY L. MORALES, CITY MANAGER FROM: RAUL J. AGUILA, CITY ATTORNEY2*.-ti DATE: MAY 8, 2019 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY AMENDING ARTICLE V, ENTITLED "LOCAL BUSINESS TAX," BY AMENDING SECTION 102-356 THEREOF, ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS," TO AMEND THE DEFINITION OF "PROMOTER"; AMENDING SECTION 102-360 THEREOF, ENTITLED "BUSINESS TAX RECEIPT DURATION AND EXPIRATION DATE," TO ESTABLISH A PROHIBITION ON THE ISSUANCE OF BUSINESS TAX RECEIPTS TO PROMOTERS DURING HIGH IMPACT PERIODS, AND FURTHER ESTABLISHING THE SUSPENSION, DURING HIGH IMPACT PERIODS, OF THOSE ANNUAL BUSINESS TAX RECEIPTS ISSUED TO PROMOTERS; AMENDING SECTION 102-377 THEREOF, ENTITLED "PENALTIES, ENFORCEMENT; COLLECTION OF DELINQUENT FEES AND TAXES, AND CRIMINAL PENALTIES," BY SETTING FORTH ADDITIONAL PENALTIES FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT HAVE A PROMOTED EVENT DURING A HIGH IMPACT PERIOD; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. In response to the extensive public discussion, and resulting concerns, and direction given by, the Mayor and City Commission at the April 10, 2019 City Commission meeting, the scope of the proposed Ordinance, surrounding the issuance and suspension of business tax receipts issued to promoters for dance and entertainment events to occur (or take place at) alcoholic beverage establishments during "high impact" periods, has been substantially narrowed. In summary, those provisions of the Ordinance which have been modified, deleted, or otherwise altered, are as follows: 1. The term "promoter", as defined in Section 102-356 of the City Code, was unmodified in the previous ordinance, which was heard by the City Commission in its April 10, 2019, " meeting. Page 452 of 1102 Commission Memorandum May 8, 2019 Page 2 of 3 However, as a result of questions which arose at the April 10, 2019 meeting regarding who is or isn't included in the City's definition of "promoter," for the current Ordinance clarifies and amends the definition to: a) Clarify that only those persons who promote dance or entertainment events, which are to occur at an "alcoholic beverage establishment," are promoters; b) Expand upon what activities would constitute "promoting." The term has been clarified so that in order to be considered a "promoter," the person has to exercise control and decision-making authority over the planning, organizing, and execution of the event; c) Clearly explain that the term "promoter" does not include the promotion of a dance or entertainment event by an alcoholic beverage establishment, or any full-time employee of such establishment (i.e. self-promotion); d) Further amend the provision exempting 501(c) corporations as promoters, so that if a not-for-profit corporation personally plans, prepares, or executes an event on its own behalf, it shall not be deemed a promoter; e) Identify that the term "promoter" does not include a person merely hired to host a dance or entertainment event, or a person who sponsors or allows their name to be used in conjunction with a dance or entertainment event, but exercises no other promoter related activities; f) Specify that the term "promoter" does not include the City of Miami Beach or any City-owned facility which is operated and managed by a third party, pursuant to a written agreement with the City; and g) Specify that a person or entity issued a City special event permit, or who enters into a written agreement with the City to plan, prepare and execute a special event, shall also not be considered a promoter. 2. A concern was expressed that the scope of the previous ordinance was too broad. • Consequently, the geographic area, to which the current Ordinance is intended to apply, has been narrowly tailored. It applies now only to promoters promoting dance and other entertainment events at alcoholic beverage establishments within the "entertainment district." The entertainment district has been defined to include only alcoholic beverage establishments in the areas of: Ocean Drive, from 5th to 16th Street; Collins Avenue, from 5th to 16th Street; and Washington Avenue, from 5th to 16th Street. Page 453 of 1102 Commission Memorandum May 8, 2019 Page 3 of 3 3. The current Ordinance also replaces the phrase "high impact event" with the term "high impact period." A "high impact" event is currently defined in Section 82-443 of the City Code (see Exhibit "A"). Since City Code Section 82-443 currently gives the City Manager certain discretion (once he finds and declares that a high impact event exists) to implement certain measures, the City Commission felt the term was too broad. Therefore, it is our intention that, at the City Commission meeting on May 8, 2019, when the City Commission considers second reading of the "high impact" ordinance (see Exhibit "B"), to not only re-define the definition of what constitutes a "high impact" period, but to also limit the Manager's powers during such period(s) to a limited time (i.e. for example, 72 hours; following which he has to go to the City Commission for an extension). 4. Finally, the current Ordinance supplements those penalty provisions set forth in Section 102-377 of the City Code, by unequivocally stating in a new subsection 102-377(f), that an alcoholic beverage establishment which permits, allows, authorizes, grants or approves the use of its premises by a promoter, who has violated the provisions of Section 102-360, shall be subject to the immediate closure of its business operations for the duration of the event. The Mayor and City Commission initially heard the amendments to Section 102-360 at the April 10, 2019 City Commission Meeting. However, and in consideration of those subsequent remedial amendments that were necessary for inclusion within Sections 102-356 and 102-377, the City Commission was required to hold another first reading of those amendments to the ordinances at the April 24, 2019 City Commission Meeting. The Mayor and City Commission held a discussion regarding this matter on April 24, 2019, and subsequently approved those amendments to Sections 102-356, 102-360, and 102-377 without any further modifications or variations. The Mayor and City Commission, in conjunction with approving those amendments to the Ordinance on April 24, 2019, authorized the issuance of a notice to those alcoholic beverage establishments located within the "Entertainment District," which were signed by Mayor Gelber and City Manager Morales, and specifically delineated the proposed prohibitions set forth in the Ordinance. A copy of the Notice is attached as Exhibit "A." The second reading of the Ordinance is scheduled for the May 8, 2019 City Commission Meeting, and the Administration supports the proposed amendments to Sections 102-356, 102- 360, and 102-377 of the City Code. RA/AB/sp Page 454 of 1102 �� I \t\/ i.A I BEAC F—I City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139 Tel.305-673-7010 Fax:305-673-7782 Jimmy Morales,City Manager Tel.305-673-7010,Fax:305-673-7782 TO: All Alcoholic Beverage Establishments: RE: Notice to Alcoholic Beverage Establishments — Amendments to Sections 102-356, 102- 360, and 102-377 of the City of Miami Beach Code(the "Ordinance") Dear Sir or Madam: Please be advised that on April 24, 2019, the City of Miami Beach Commission approved the attached Ordinance on first reading (see Exhibit "A"). If approved on second and final reading, which is expected to occur on May 8, 2019, the Ordinance will take effect and become law on May 18, 2019. The Ordinance will prohibit the issuance of any business tax receipt ("BTR") to a promoter, as such term is defined on Page 3, of Section 102-356 of the attached Ordinance, and suspend annual BTRs issued to promoters, if they are promoting dance or entertainment event during a "high impact period" (as designated by the City Manager pursuant to Section 82-443 of the City Code). ; During these "high impact periods," promoter events WILL NOT be allowed at establishments licensed to serve alcohol within the Entertainment District. The Entertainment District hereby includes those alcoholic beverage establishments which are located within the following areas: • Ocean Drive, from 5th to 15th • Collins Avenue,from 5th to 16th . • Washington Avenue, from 5th to 16th This letter shall serve as notice by the City surrounding those prohibitions set forth in the Ordinance, and immediately advises you that an event which is illegally promoted and occurring at your establishment - during a designated high impact period shall be PROHIBITED. Should you fail to comply and proceed to rent, lease, contract, assign or otherwise permit the use of your business premises, or any portion thereof, for such illegally promoted event, then your establishment, and the promoter, will be held jointly responsible for those violations under the Ordinance. Penalties shall include, issuing notice(s)of violations with a civil fine of$1,000.00 for each such violation; suspension and/or revocation of your business tax receipt; and the immediate closure of your establishment for the promoted event duration should the business premises allow an illegally promoted event to occur in violation of Sections 102-360 and 102-377 of the City Code. PLEASE GOVERN YOURSELF ACCORDINGLY Sim-r- ' "00, Dan Gelber, ayor Ji j my L. Mor- es, City Manager City of Miami Beach Cit of Miami Beach EXHIBIT Pah55 of 1102 SUNDAY APRIL ze 2019 NEIGHBORS 17NE MIAMIHERALocom CITY OF I BEACH /V\ AI v ,I �r NOTICE OF PUBLIIC HEARING MAY 8, 2019 NOTICE IS HEREBY given that the following public hearing will be heard by the Mayor and City Commissioners of the City of Miami Beach, Florida,in the Commission Chamber,Third Floor,City Hall, 1700 Convention Center Drive,Miami Beach, Florida,on May 8,2019,at the time listed, or as soon thereafter as the matter can be heard: 1:35 p.m.Second Reading Public Hearing AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY AMENDING ARTICLE V, ENTITLED "LOCAL BUSINESS TAX," BY AMENDING SECTION 102-356 THEREOF, ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS," TO AMEND THE DEFINITION OF "PROMOTER"; AMENDING SECTION 102-360 THEREOF, ENTITLED "BUSINESS TAX RECEIPT DURATION AND EXPIRATION DATE," TO ESTABLISH A PROHIBITION ON THE ISSUANCE OF BUSINESS TAX RECEIPTS TO PROMOTERS DURING HIGH IMPACT PERIODS,AND FURTHER ESTABLISHING THE SUSPENSION, DURING HIGH IMPACT PERIODS, OF THOSE ANNUAL BUSINESS TAX RECEIPTS ISSUED TO PROMOTERS;AMENDING SECTION 102-377 THEREOF,ENTITLED"PENALTIES,ENFORCEMENT;COLLECTION OF DELINQUENT FEES AND TAXES,AND CRIMINAL PENALTIES,"BY SETTING FORTH ADDITIONAL PENALTIES FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT HAVE A PROMOTED EVENT DURING A HIGH IMPACT PERIOD;AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and§166.041 F.S. Inquiries may be directed to the Office of the City Attorney at 305.673.7470. INTERESTED PARTIES 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, 15` Floor, City Hall, Miami Beach, Florida 33139. A copy of this item is available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139.This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice need 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 inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Members of the public may present audio/visual(AV)materials relating to Agenda Items at City Commission meetings held in the Commission Chamber by utilizing the City's AV equipment, provided that materials are submitted to the Department of Marketing and Communications by 8:30 a.m., one (1) business day prior to the meeting. Advance submittal of a presentation will allow the Communications Department to plan for the use of the appropriate AV equipment. AV materials may be submitted via email at communications@miamibeachfl.nov; or hand delivered in a jump drive, CD, or DVD to: Attention: Department of Marketing and Communications, 1701 Meridian Avenue, 5° Floor, Miami Beach, FL 33139. Presentations, videos, or links must include a label noting the name or group, contact person, daytime telephone number,email address,description/title of the presentation and Agenda Item Title as well as the Agenda Item number.Acceptable formats for electronic submission are pdf, ppt, pptx, pps, ppsx,wmv, avi,and mov. (Note that pdf is the preferred format for PowerPoint presentations.) To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish,then option 6;TTY users may call via 711 (Florida Relay Service). Rafael E. Granado, City Clerk City of Miami Beach Ad 050819-07 Page 462 of 11U2