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92-2819 Ordinance ORDINANCE NO. 92-2819 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO SECTION 43~ OF THE MIAMI BEACH CITY CK~TER BY CHANGING THE RENTAL PERIOD PROVIDED FOR THEREIN WITH RESPECT TO THE IMPOS!TIOl~ OF THE RESORT TAX, FRO}.I ttRI:: co~m::':.'!U'l;:P1E MONTHS OR LESS" TO "ELEVEN CONSECUTIVE MONTHS OR LESS"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS there is a conflict between Section 43~ of the City Charter and Section 41-45 of the City Code concerning the length of a lease period for an occupant of a room to qualify for exemption from the Resort Tax, in that Section 43!, provides for a "six" month period and Section 41-45 of the City Code provides for an "eleven" month period; and WHEREAS Chapter 67-930 of the laws of Florida permits the City to adopt the definition of transient rentals which was provided for in Chapter 212 of the Florida Statutes in 1965, which provides an exemption for persons who reside continuously longer than "twelve" months; and WHEREAS the City commission of the City of Miami Beach wishes to conform the "six" month period called for in Section 43!, of the Charter to the "eleven" month period called for in Section 41-45 of the city Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Section 43!, of the Charter of the City of r-Hami Beach is hereby amended to read as follows: Section 43!,. Tax on occupancy of hotels, etc., and on certain foods and beverages. The City of Miami Beach is authorized and shall have the right to impose, levy and collect a tax on the rent of every occupancy of a room or rooms in any hotel, motel or apartment house when the renting is for a period of ~ eleven consecutive months or less; and upon the total sales price of 1 all items of food and alcoholic beverages sold at retail by any establishment engaged in the sale of alcoholic beverages and/or food for consumption on the premises; said tax to be paid by the person paying the rent or paying for the food and/or alcoholic beverage herein specified and to be collected by the person renting said rooms or selling said food or alcoholic beverage for the use and benefit of the city. Sales or rentals exempted by chapter 212, Florida statutes 1965, shall also be exempt from the tax hereby authorized. That the total receipts from the above tax levy shall be kept and maintained in a separate fund and shall in no event be transferred to the general fund, and that the said fund shall be used for the promotion of the tourist industry, which shall include, but not be restricted to the following: PUblicity, advertising, news bureau, promotional events, convention bureau activities, capital improvements and the maintenance of all physical assets in connection therewith; and for the payment of the reasonable and necessary expenses of collecting, handling and processing of said tax. That the commission shall have the authority and power by ordinance to determine and fix the amount of said tax after public hearing not in excess of two per cent. 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, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective on October 31, 1992 , which is ten (10) days after its adoption. PASSED and ADOPTED this 21st October ATTEST: ~~JL~~~ CITY CLERK 1st reading 10/8/92 2nd reading 10/21/92 FORM APPROVED LEGAL DEPT. ) , .,." L/</...,.' J / -ey. ,-'.A~~"", <r-'~;'l~ Dat~r7 /0// /r l '" PNB: lm C:\ordinance\sixelev.per 092992 2 OFFICE OF THE CITY ATTORNEY ~ ojJ/fimni ~ F L o R o A CITY ATTORNEY ~ ::~~-s.\ ,!,~ ~ ~ '* :\IIilC.O'''rbTtD .. \~\ tf ./~ "i'''~.'~'~ ~~6 POBOX 0 MIAMI BEACH, FLORIDA 33~'9-2032 TELEPHONE i3051 673-7470 TELECOPY (3051673-7002 L.AURENCE FEINGOL.D COMMISSION MEHORAHDUM NO. "0 t -"It.-- DATB: OCTOBER 8, 1992 TO: MAYOR SBYMOUR GELBER, MEMBERS OF THE CITY COMMISSION AND CITY MANAGER ROGER M. CARLTON LAURENCB FEINGOLD /) J CITY ATTORHEY '~-._.' ;;J'~A:/f ~ ~ TECBHICAL AMENDMENT TO SBCTION 43~ 01' THB CHARTER TO CODOD THE SIX MONTH TRANSIBNT RENTAL PBRIOD THEREIN TO THB ELEVEN MONTH PERIOD SBT PORTH IN THB CITY CODB FROM: RE: The attached Ordinance has been recommended by bond counsel to clarify and reconcile the six month transient rental period called for in Section 43~ of the Charter with the eleven month rental period called for in Section 41-45 of the city Code. A letter from Luis Reiter, Esq. of Greenberg, Traurig, et aI, the City's bond counsel, is attached hereto. This Ordinance should go to the Commission for first reading on October 8, 1992 and be adopted on October 21, 1992 so that the Ordinance becomes effective prior to the November 3, 1992 ballot question on the one percent increase in resort tax. PNB: 1m Encl. ro. 47 AGENDA ITEM DATE R-~-/j 10- 21-=.92 1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139