2003-3429 Ordinance
ORDINANCE NO. 2003-3429
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF
THE CITY CODE, ENTITLED "TAXATION"; AMENDING DIVISION IV
THEREIN, ENTITLED "TAX"; AMENDING ARTICLE V THEREIN,
ENTITLED "OCCUPATIONAL LICENSE TAX"; AMENDING SECTION
102-379 THEREIN, ENTITLED "SCHEDULE OF TAXES"; SAID
AMENDMENT REPEALING THE FIVE PERCENT (5%) INCREASES,
RESPECTIVELY, ON THE FEE FOR BEACHFRONT CONCESSION
OPERATIONS PER ACTIVITY PER LOCATION, AND BEACH UPLAND
FEE (PER UNIT), AS APPROVED BY ORDINANCE NO. 2003-3413 ON
JULY 30, 2003; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE
WHEREAS, at its meeting on May 12, 2003, the Finance and Citywide Projects
Committee recommended fee increases for occupational license, certificate of uses,
and fire inspection fees; and
WHEREAS, on first reading of the aforestated amendments to the Occupational
License Ordinance on July 2, 2003, the Mayor and City Commission adopted the
Finance and Citywide Projects Committee's recommendations, except for the provision
as to the portion pertaining to automatic fee escalations; and
WHEREAS, on second reading, the Mayor and City Commission adopted the
Occupational License Ordinance on July 30, 2003, which included an increase to the
beachfront concession fees.
WHEREAS, on September 5,2001, the Mayor and City Commission passed
Resolution No. 2001-24571, which stated that fees for beachfront concessions would
not be increased without evaluating the base fee; and
WHEREAS, the results of this evaluation will be presented to beach upland
owners for discussion; and
WHEREAS, the increase for beachfront concessions upland fee that was
approved on July 30, 2003 by Ordinance No. 2003-3413 should be amended to rollback
such rates to existing levels, pending discussion with the industry.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 102 of the City Code; Division IV therein; Article V therein;
Section 102-379 therein is amended as follows.
Sec. 102-379 Schedule of Taxes
License taxes for the following businesses, occupations, or professions are hereby
levied and imposed as set forth below
***
BEACHFRONT CONCESSION OPERATIONS
(a) PER ACTIVITY PER LOCATION
BEACH UPLAND FEE (PER UNIT)
$ 604.00
$ l{i.OO
$ 575.00
$ 15.00
REPEALER
All ordinance or parts of ordinance amendment in conflict herewith be and the same are
hereby repealed.
SEVERABILITY
If any section, subsection, clause or provision of this Ordinance amendment is held invalid, the
remainder shall not be affected by such invalidity.
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 of reletterred
To accomplish such intentions and the word "ordinance" may be changed to "section", "article",
or other appropriate word.
EFFECTIVE DATE
This Ordinance shall take effect immediately upon
roval of said ordinance.
PASSED AND ADOPTED This 15th day of 0 tobe
l1S~t P rM-dMA
CITY CLERK
1 ST Reading 09/18/03
2ND reading 10/15/03
Ordinance No. 2003-3429
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1~~0u~ 'Jr/)r" O:?
i ttome~ Date
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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-
Condensed Title:
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending Chapter
102 of the City Code, entitled "Taxation"; amending Division IV therein, entitled "Tax"; amending Article V
therein, entitled "Occupational License Tax"; amending Section 102-379 therein, entitled "Schedule of
Taxes"; said amendment repealing the five percent (5%) increases, respectively, on the fee for beachfront
concession operations per activity per location, and beach upland fee (per unit), as approved on Ordinance
2003-3413; on July 30,2003 providing for repealer, severability, codification, and an effective date.
Issue:
To repeal five percent (5%) increase on beachfront concession operations per activity per location and
beach upland fee (per unit).
Item Summa IRecommendation:
Approve the Ordinance Amendment on second reading.
Advisory Board Recommendation:
I
Financial Information:
Add" I I R P .
It ona evenue rOJection
Source of Amount Account Approved
Funds: 1 ($10,496.00) 011-8000-321200 Occup Lie
D 2
3
4
Finance Dept. Total ($10,496.00)
Cit Clerk's Office Le islative Trackin
Patricia Walker
Si n-Offs:
Department Director
City Manager
AGENDA ITEM
DATE
P. 5'6
10 -16-/)'3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~. ~
City Manager () ,.;v U
Date: October 15, 2003
To:
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 CITY CODE,
ENTITLED "TAXATION"; AMENDING DIVISION IV THEREIN, ENTITLED
"TAX"; AMENDING ARTICLE V THEREIN, ENTITLED "OCCUPATIONAL
LICENSE TAX"; AMENDING SECTION 102-379 THEREIN, ENTITLED
"SCHEDULE OF TAXES"; SAID AMENDMENT REPEALING THE FIVE
PERCENT (5%) INCREASES, RESPECTIVELY, ON THE FEE FOR
BEACH FRONT CONCESSION OPERATIONS PER ACTIVITY PER
LOCATION, AND BEACH UPLAND FEE (PER UNIT), AS APPROVED BY
ORDINANCE NO. 2003-3413; ON JULY 30, 2003 PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE
ADMINISTRATION RECOMMENDATION:
Approve the Ordinance Amendment on second reading.
ANALYSIS:
On September 5,2001, when Resolution No. 2001-24571 was passed, the Mayor and City
Commission agreed that fees for beachfront concessions would not be increased without
evaluating the base fee. Additionally, the results of this evaluation would be presented to
the upland owners for discussion. Therefore, it is recommended that the increase for
beachfront concessions upland fee that was approved on July 30, 2003 by Ordinance No.
2003-3413 should be amended to rollback such rates to existing levels, pending discussion
with the industry. It is further recommended that this item should be referred to the
Finance and Citywide Projects Committee for evaluation.
BACKGROUND:
On September 5, 2001, the City Commission established a concession fee of $15.00 per
upland unit per year, with a maximum of $10,000 per upland property, and annual
increases based on the Consumer Price Index. The Finance and Citywide Projects
Committee further supported a compromise recommendation that the fee structure be
evaluated after a one year period, and any changes thereto be approved by the City
Commission prior to implementation.
On May 12, 2003, the Finance and Citywide Projects Committee recommended a fee
increase of 5% for each occupational license. Further, that the new rate increase take
effect upon approval of the amended Ordinance. Additionally, the Committee
recommended that an annual escalation provision, based on CPI, be included in the
Ordinance.
During first reading of the ordinance amendment on July 2, 2003, the Mayor and City
Commission accepted the Finance and Citywide Projects Committee's recommendations,
with the exception of the automatic annual increase provision.
Ordinance No. 2003-3413 passed on July 30,2003, with a methodology in place to allow
for review of fees when a threshold change in the CPI occurs. Therefore, a review of the
fees will be initiated, whenever a change in the CPI between the current CPI and the date
of CPI used to establish the last rate adjustment is greater than five percent (5%). Upon
reaching this threshold, and following a survey of fees for similar services in surrounding
communities and/or an analysis to review the current cost of providing such services,
adjustment to such fees will be incorporated into an amended ordinance or resolution, as
appropriate, and submitted to the Mayor and City Commission for approval.
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CORRECTED AD ~.. :
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(PLEASE NOTE: WRONG TITLE PUBLISHED IN THE MIAMI HERALD BEACH
NEIGHBORS ON THURSDAY. SEPTEMBER 25. 2003 AT 11:45 A.M.)
REPLACEMENT TITLE
CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
,
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NOTICE IS H.EREBY given that a Pubic Hearing 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, October
15,2003, at 11:45 a.m., to consider the following.
AN ORDINANCE AMENDING CHAPTER 102 OF THE CITY CODE,. ENTITLED
"TAXATION" AMENDING DIVISION IV THEREIN, ENTITLED "TAX"; AMENDING ARTICLE
V THEREIN, ENTITLED "OCCUPATIONAL LICENSE TAX"; AMENDING SECTION 102-379
THEREIN, ENTITLED "SCHEDULE OF TAXES"; SAID AMENDMENT REPEALS THE FIVE
PERCENT (5%) INCREASE ON BEACHFRONT CONCESSION OPERATIONS (A) PER
ACTIVITY PER LOCATION AND BEACH UPLAND FEE (PER UNIT) APPROVED ON
ORDINANCE 2003-3413; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
Inquiries may be directed to the Finance Department (305) 673-7466. ."
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, 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, 1700 Convention Center Drive, 1st Floor, City Hall, Miami
Beach, Florida 33139. This meeting may be continued and under such circumstances
additional legal notice would not be provided. '
Robert E. Parcher, City Clerk .......
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person deeldes
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.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding, or to request information on access for persons
with disabilities, or to request this publication in accessible format, or to request sign language
interpreters, should contact the City Clerk's office at (305) 673-7411. no later than four days prior to
the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service
numbers, (800) 955-8771 (TTY) or (800) 955-8770 (VOICfl.
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