Ordinance 2021-4390 Chapter 18. Heritage Legacy Business Establishments
ORDINANCE NO. 2021-4390
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI
BEACH CITY CODE, ENTITLED "BUSINESSES," BY CREATING ARTICLE
XVIII, ENTITLED "MIAMI BEACH HERITAGE LEGACY BUSINESS
REGISTRY"; BY CREATING SECTION 18-930, ENTITLED "PURPOSE,"
AND SECTION 18-931, ENTITLED "MINIMUM REQUIREMENTS,
CRITERIA, AND PROCEDURE FOR DESIGNATION OF HERITAGE
LEGACY BUSINESS ESTABLISHMENTS," TO CREATE THE MIAMI
BEACH HERITAGE LEGACY BUSINESS REGISTRY, AND ESTABLISH
THE PURPOSE, MINIMUM REQUIREMENTS, CRITERIA, AND
PROCEDURE FOR THE DESIGNATION OF QUALIFIED BUSINESSES AS
HERITAGE LEGACY BUSINESS ESTABLISHMENTS; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, certain businesses in the City of Miami Beach have a lengthy history,
established following, and unique identity, and contribute significantly to the character and history
of the City; and
WHEREAS, the Mayor and City Commission hereby determine that there is an essential
need to recognize legacy business establishments throughout the City, and this recognition will
serve the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Article XVIII of Chapter 18 of the Code of the City Miami Beach is hereby created as
follows:
CHAPTER 18. BUSINESSES
* * *
ARTICLE XVIII. MIAMI BEACH HERITAGE LEGACY BUSINESS ESTABLISHMENTS
Sec. 18-930. Purpose.
The purpose of this article is to create the Miami Beach 14eritag Leoacv Business Registry, in
order to formally recognize and honor longstanding business institutions that have contributed to
and define the cultural and historical identity of Miami Beach.
Sec. 18-931. Minimum requirements, criteria, and procedure for designation of heritage
legacy business establishments.
(o.) The Miami Beach Her=i&weLegacy[ Business Registry is hereby created and shall be
maintained by the City Manager. Subject to the approval of the City Commission, as
•rovided herein an member of the Cit Commission or the Cit Mana•er ma from time
to time, nominate qualified businesses in the City of Miami Beach for designation as
legacy business establishments, subject to the minimum requirements and criteria
set forth in this section.
)b) Minimum requirements and criteria. To be eligible for designation as a heFitage legacy
business establishment and listed on the 14eFitage Legacy Business Registry, a business
must satisfy each of the following minimum requirements and applicable criteria:
(1) The business must be a commercial establishment that is open to the public including,
without limitation, a retail establishment, restaurant, drinking establishment, or other
commercial establishment.
a2) The business must have operated continuously in Miami Beach for at least 25 years.
)3) At the time of its nomination, the business may have no active or pending violations of
the City Code.
(4) The City Manager or City Manager's designee must find that the business meets at
least three of the following criteria:
(A)The establishment is unique to Miami Beach, and the original location of the
establishment is located in Miami Beach.
(B) The establishment has a demonstrated record of promoting the City of Miami Beach.
Lc)The establishment has contributed significantly to the history or identity of the City,
or of a particular City neighborhood.
(D)The establishment has demonstrated a commitment to maintaining the unique
physical features, services, performances, customs, or traditions that define the
business, including, but not limited to design, crafts, cuisine, special events, or art
forms.
L) Nomination and approval. The City Manager or any member of the City Commission may,
from time to time, nominate qualified businesses for designation as heritage legacy
business establishments; alternatively, a request to nominate a business for designation
as a heritege legacy business establishment may be submitted by the owner/operator of
the business. In ordcr to nominato Following the nomination of a business for heritage
legacy designation and listing on the Miami Beach�e Legacy Business Registry, the
City Manager shall prepare a written recommendation detailing whether the business
meets the minimum requirements and criteria set forth in this section, and shall present the
recommendation to the City Commission at its next regularly scheduled meeting. A
resolution adopted by majority vote of the city commission shall be required to designate a
business as a heritage leQacy business establishment and list the business on the City's
Le acBusiness Registry.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, 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 as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of ' y , 2021.
Dan Gelber, Mayor
ATTEST: APPROVED AS TO FORM AND
4' LANGUAGE AND FOR EXECUTION
Raf.-I E. rang• ', Cit; Clerk
City Attorney NV__ Date
First Reading: December 4, 2020
Second Reading: January 13, 2021 •
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T:\Agenda\2021\1_January 13\Planning\Chapter 18 Legacy Business Establishments-Second Reading ORD.docx
Ordinances-R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: January 13, 2021
10:31 a.m. Second Reading Public Hearing
SUBJECT:CHAPTER 18. HERITAGE LEGACY BUSINESS ESTABLISHMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI
BEACH CITY CODE, ENTITLED "BUSINESSES," BY CREATING ARTICLE
XVIII, ENTITLED . "MIAMI BEACH HERITAGE LEGACY BUSINESS
REGISTRY"; BY CREATING SECTION 18-930, ENTITLED "PURPOSE,"
AND SECTION 18-931, ENTITLED "MINIMUM REQUIREMENTS,
CRITERIA, AND PROCEDURE FOR DESIGNATION OF HERITAGE
LEGACY BUSINESS ESTABLISHMENTS," TO CREATE THE MIAMI
BEACH HERITAGE LEGACY BUSINESS REGISTRY, AND ESTABLISH
THE PURPOSE, MINIMUM REQUIREMENTS, CRITERIA, AND
PROCEDURE FOR THE DESIGNATION OF QUALIFIED BUSINESSES AS
HERITAGE LEGACY BUSINESS ESTABLISHMENTS; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND/HISTORY
At the request of Mayor Dan Gelber,the Administration drafted an amendment to Chapter 18 of
the City Code, to establish a process for recognizing legacy businesses in the City of Miami
Beach.
ANALYSIS
The subject Ordinance creates a process for establishing a legacy designation for eligible
existing businesses. Specifically, an existing business may qualify for this type of designation if
certain criteria are met. In order to qualify, the establishment must be a commercial entity, open
to the public, including but not limited to restaurants, drinking establishments, and retail uses. If
an existing, qualifying business has been in operation for at least 25 years, and is in good
standing with no pending or active City code violations, the City Manager or a member of the
City Commission may nominate the business for legacy designation provided the business
meets at least three of the following criteria:
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1. The establishment is unique to Miami Beach and the original location of the establishment
was in Miami Beach.
2. The establishment has a demonstrated record of promoting the City of Miami Beach in a
positive manner.
3. The establishment has significantly contributed to the history or identity of the City, or a
neighborhood in the City.
4. The establishment is committed to maintaining the unique physical features, services, arts,
performances or traditions that define the business, including, but not limited to craft, culinary, or
art forms.
The City Commission may, by resolution and a 4/7th vote, approve or deny a nomination legacy
business designation.
For comparison purposes, the administration researched three cities similar in size to Miami
Beach that had a Legacy Business program. These were San Francisco, California; North
Miami, Florida; and San Antonio, Texas. The following is a summary of each of the programs:
San Francisco -Legacy Business Historic Preservation Fund
The program provides visibility for the business and authorizes the business to participate in the
Legacy Business Historic Preservation Fund.The proposed business is nominated for
consideration by the Mayor or a member of the Board of Supervisors. Additionally, the Small
Business Commission, after a noticed hearing, must determine that the nominated business
meets following criteria:
• The business has operated in San Francisco for 30 or more years, with no break in San
Francisco operations exceeding two years. If the business has operated in San Francisco for
more than 20 years but less than 30 years it may still satisfy this criteria if the Small Business
Commission finds that the business has significantly contributed to the history or identity of a
particular neighborhood or community and, if not included in the Registry, the business would
face a significant risk of displacement.
• The business has contributed to the neighborhood's history and/or the identity of a particular
neighborhood or community.
• The business is committed to maintaining the physical features or traditions that define the
business, including craft, culinary, or art forms.
North Miami -Legacy Business Stabilization Grant Program
Participants must be a small business operating within the City of North Miami for at least 15
years. Applicants of the Legacy Business Stabilization Grant Program shall comply with those
provisions of the City's local adopted codes regarding possessing a Certificate of Use and
Business Tax Receipt. For the purposes of this CDBG program, small businesses will be
identified through the following criteria:
• No more than ten (10)employees who are within low to moderate income range.
• Must not be part of a national chain,franchise or have city liens or code violations.
• Business can be non-profit or for-profit.
• Must submit letter of intent and provide evidence of need for assistance with documents such
as invoices, purchase order or service contracts.
• Must be a legacy business and have been operating in North Miami for at least 15 years (proof
includes any one of the following: incorporations prior to 2005, income tax return prior to 2005,
utility bill prior to 2005, or rental lease prior to 2005).
• The business owner must demonstrate an "Active" status in the Florida Department of State,
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Division of Corporations.
• Cannot simultaneously apply for other North Miami grants funded under CD BG-CV allocation.
• More than one application submitted for the same business, business owner, family member,
or partners will not be considered.
•Applicant must be a U.S. Citizen or permanent resident alien.
• Applicant must not have received a CRA grant, City of North Miami Green Rehabilitation or
U.S. Small Business Administration grant in the last five (5)Years.
• First come first served processing.
San Antonio -Legacy Designation
Businesses that have existed for 20 years or more and meet at least one of the following criteria
are eligible for legacy designation:
• Owned by generations of the same family.
• Provides authentic goods or services.
• Cultivates tradition and culture.
• Located in a landmark or historic district.
• Eligible and willing to be a landmark.
UPDATE
The subject Ordinance was placed on the November 18, 2020 City Commission agenda and
deferred to December 4, 2020. On December 4, 2020, the proposed Ordinance was
approved at first reading with the following changes:
1. The title of the designation was changed from 'Heritage'to 'Legacy'.
2. Members of the City Commission are now able to nominate eligible businesses, in addition to
the City Manager.
The revised Ordinance for second reading/adoption includes these modifications.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Mayor Dan Gelber
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ATTACHMENTS:
Description
❑ Ordinance
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