92-2791 Ordinance
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ORDINANCE NO.
92-2791
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING MIAMI BEACH CITY CODE CHAPTER 20, ENTITLED
"BUSINESS LICENSES" IN ITS ENTIRETY; ADDING DEFINITIONS
AND REVISING DEFINITIONS PERTAINING TO CERTAIN BUSINESSES
AND OCCUPATIONS; ESTABLISHING NEW LICENSING
CLASSIFICATIONS AND/OR ACCESSORY CLASSIFICATIONS AND/OR
LICENSING REQUIREMENTS FOR CERTAIN BUSINESSES AND
OCCUPATIONS; REVISING LICENSING FEES AND/OR THE METHOD OF
COMPUTING FEES FOR CERTAIN BUSINESSES AND OCCUPATIONS;
REVISING THE LICENSING FEE FOR BUSINESSES AND OCCUPATIONS
NOT OTHERWISE CLASSIFIED; REVISING LICENSING APPLICATION
PROCEDURES; CLARIFYING REGULATIONS PERTAINING TO
DURATION, EXPIRATION AND TRANSFER OF LICENSES;
PROHIBITING PROPERTY OWNERS FROM ALLOWING THE USE OF
PROPERTY BY BUSINESSES WHICH HAVE NOT OBTAINED REQUIRED
BUSINESS LICENSES AND PROVIDING FOR ENFORCEMENT AND
PENALTIES FOR VIOLATORS; ESTABLISHING A TEN-DAY TIME
LIMIT FOR APPEALING A DECISION DENYING A LICENSE;
PROVIDING FOR ENFORCEMENT OF THIS CHAPTER BY PROSECUTION
BEFORE A CODE ENFORCEMENT BOARD OR SPECIAL MASTER;
CLARIFYING THE PROVISION FOR IMPOSITION OF LIENS;
REVISING AND CLARIFYING PROCEDURES FOR REVOCATION OF
LICENSES; PROVIDING REGULATIONS FOR THE ISSUANCE OF
TEMPORARY PERMITS; PROVIDING HEREIN IN REVISED FORM
REGULATIONS FOR THE CONDUCT OF CERTAIN BUSINESSES AND
OCCUPATIONS WHICH REGULATIONS ARE CURRENTLY CONTAINED IN
THE FOLLOWING CITY CODE CHAPTERS AND/OR PARTS OF
CHAPTERS: CHAPTER 5, ENTITLED "AUTOMOBILE
SHIPPERS";CHAPTER 8A, ENTITLED "CARDROOMS"; CHAPTER 9,
ENTITLED "CLOSING OUT SALES"; CHAPTER 11, ENTITLED
"ELECTROLYSIS"; CHAPTER 12, ENTITLED "EMPLOYMENT
AGENCIES"; CHAPTER 19, ENTITLED "JEWELRY AND IMPORTED
GOODS"; ARTICLE I, ENTITLED "NEWSSTANDS" OF CHAPTER 23,
ENTITLED "NEWSSTANDS AND NEWSRACKS"; CHAPTER 2 6, ENTITLED
"PACKERS OF FRUITS, NUTS, ETC."; CHAPTER 28A, ENTITLED
"PEST CONTROL"; CHAPTER 30, ENTITLED "PRIVATE SCHOOLS";
ARTICLE III, ENTITLED "BINGO OR GUEST GAMES" OF CHAPTER
31, ENTITLED "PUBLIC AMUSEMENTS"; CHAPTER 35, ENTITLED
"RETAIL FLORISTS AND CUT FLOWER STANDS"; CHAPTER 35A,
ENTITLED "SECOND HAND DEALERS"; ARTICLE II, ENTITLED
"AUTOMOBILE RENTAL AGENCIES" OF CHAPTER 42, ENTITLED
"TRANSPORTATION REGULATIONS"; CHAPTER 43, ENTITLED
"TRAVEL BUREAUS"; SECTION 16-95, ENTITLED "REVOCATION OF
LICENSE" AND SECTION 16-96, ENTITLED "LICENSE FROM STATE
PREREQUISITE TO ISSUANCE OF CITY LICENSE" OF CHAPTER 16,
ENTITLED "HEALTH AND SANITATION" , AND REPEALING SAID
CHAPTERS AND PARTS OF CHAPTERS; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, due to new and amended state statutes and Dade County
Ordinances it is necessary to update and revise the City's current
business license regulations; and
WHEREAS, the emergence of new technologies and new categories
of businesses necessitate new business licensing classifications,
regulations and fees for businesses located within the City of
Miami Beach; and
WHEREAS, the City commission wishes to provide an equitable
method of imposing licensing fees upon businesses operating within
the City.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. FINDINGS.
That the City commission of the City of Miami Beach, Florida
makes the following findings:
1. Amendments to state statutes and Dade County Ordinances
necessitate revisions to the City's business licensing regulations
contained herein.
2. The emergence of new technologies and new categories of
businesses necessitate the new licensing classifications set forth
in this Ordinance.
3. The amendments to licensing classifications, definitions
and fees set forth herein are necessary to provide equitable
license fees for businesses operating within the City of Miami
Beach, Florida.
4. The revisions and additions to the city's regulations
contained herein pertaining to the operation of businesses within
the City are necessary to the health, welfare and safety of the
citizens of the city.
SECTION 2. AMENDMENT OF CHAPTER 20.
That Chapter 20 of the Miami Beach City Code is hereby amended
in its entirety as follows:
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S 20.
CHAPTER 20
BUSINESS LICENSES
CONSTRUCTION OF CHAPTER: DEFINITIONS
ARTICLE I. BUSINESS LICENSES.
BUSINESS LICENSES REQUIRED.
APPLICATION OF OTHER LAWS.
DURATION AND EXPIRATION DATE; TIME LIMITATION FOR
GRANTING OR DENIAL; TRANSFERABILITY.
PRO RATA PAYMENT; REFUNDS.
CUMULATIVE EFFECT OF ARTICLE.
BUSINESS LIMITED BY LICENSES.
POSTING.
CONVENTION CENTER ACTIVITIES EXEMPT.
PERSONAL RESPONSIBILITY AND LIABILITY OF OFFICERS AND
AGENTS.
S 20-10. APPLICATION PROCEDURES; GROUNDS FOR DENIAL.
S 20-11. SCHEDULE OF FEES.
S 20-12. FEES FOR ALL OTHER BUSINESSES.
ARTICLE II. SPECIAL REGULATIONS
S 20 20. S 20-13. INVESTIGATION TO DETERMINE COMPLIANCE WITH
CHAPTER.
S 20-14. PENALTY FOR LATE PAYMENT.
DEFHlITION8; LICEN8HfC OF cmf DEALER8; FEE8; 8ALE8.
UETHOD OF COLLECTION OF DELINQUENT FEEr:: AnD TAXE8.
S 20-15. PENALTIES FOR FALSE DISCLOSURE.
S 20-16. PROPERTY OWNER'S RESPONSIBILITY.
AUTOUATIC REVOCATION DUE TO LhP8E OF IN8UR'\NCE.
AUTOPfATIC REVOCATION DUE TO CANCELLl'..TION OF BOND.
S 20-l.
S 20-2.
S 20-3.
S 20-4.
S 20-5.
S 20-6.
S 20-7.
S 20-8.
S 20-9.
S 20 2l.
S 20 15.
S 20 22.
S 20 23.
S 20 23.1
S 20 23.2
3
S 20 24.
S 20 13.
S 20 18.
S 20 17.
S 20 16.
S 20 19.
S 20 14.
~ 20-17.
S 20-18.
S 20-19.
S 20-20.
S 20-21.
S 20-22.
~ 20-23.
S 20-24.
S 20-25.
S 20-26.
S 20-27.
S 20-28.
S 20-29.
S 20-30.
S 20-31.
S 20-32.
S 20-33.
S 20-34.
S 20-35.
S 20-36.
S 20-37.
S 20-38.
S 20-39.
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ARTIOLE II. ARTICLE III. SUSPENSION AND REVOCATION OF LICENSES AND
PERMITS.
S 20 25. S 20-40. GROUNDS FOR SUSPENSION OR REVOCATION.
AND DENIAL.
S 20 26. S 20-41. STANDARDS; RULE-MAKING AUTHORITY.
S 20 27. S 20-42. NOTICE OF VIOLATION; EMERGENCY ACTION.
S 20 28. S 20-43. HEARING WHEN LICENSEE OR PERMITTEE FAILS TO
COMPLY WITH NOTICE OR WHEN REOUESTED BY
AGGRIEVED APPLICANT/LICENSEE.
S 20 29. S 20-44. HEARING PROCEDURES: ENFORCEMENT OF ORDERS.
ARTIOLE III. OONSUMER PROTEOTION.
S 20 30. PURPOSES; RULES OF CONSTRUCTION.
S 20 31. UNLAWFUL ACTS AND PR~CTICES.
S 20 31 1. INYESTICATIONC AND REFERR1'~LS.
S 20 32. REUEDIES OF CONSUUERS AND CITY ATTOilllEY.
S 20 33. EFFECT ON OTHER REP~EDIEC.
S 20 34. COMPLETE PRICE; REPRESENTATIONS; OFFICIAL
TElliS .
SEC.20.
CONSTRUCTION OF CHAPTER; DEFINITIONS.
ALL OF THE PROVISIONS OF THIS CHAPTER SHALL BE CONSTRUED LIBERALLY
ON BEHALF OF THE CITY. WORDS AND TERMS NOT DEFINED HEREIN SHALL BE
INTERPRETED IN ACCORDANCE WITH THEIR NORMAL DICTIONARY MEANING AND
CUSTOMARY USAGE. FOR PURPOSES OF THIS CHAPTER, THE FOLLOWING
WORDS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(a) PERSON. SHALL BE DEFINED IN ACCORDANCE WITH S 1.01 (3) ,
FLl~. STAT. (1981).
(b) HE. SHALL INCLUDE THE FEPHNINE AND NEUTER.
(0) THE SINCULAR INCLUDES THE PLUR"lL AND VICE VERSA.
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(d) BUSnlESS. SHALL MEAN AnD INCLUDE EVERY TR1\~DE, OCCUrATION,
rROFESSION OR OTHER }ffiNNER OF REVEnUE rRODUCINC ACTIVITY.
(c) FOR CAUSE. AS USED IN THIG CHArTER S}L1\'ALL }IEAN THE FAILURE
OF A LICEnGEE '1'0 Cm~rLY WITH THOSE CONDITIONS, STMJDARDS OR
REQUIREUENTS REQUIRED FOR THE ISSUANCE OF HIS LICENSE, OR THE
VIOL1~TION OF Any OTHER rROVISION OF THIS ca~~rTER OR OTHER ca~~rTERS
OF TIlE nIMH BEACII CITY CODE INCORrOR..'\TED HEREIN. (ORD. NO. 82
2316, S 1.)
1. ADVERTISE. ADVERTISING. ADVERTISEMENT AND PUBLISH. ALL MEANS
OF CONVEYING TO THE PUBLIC. WHETHER BY WORD OF MOUTH. NEWSPAPER.
MAGAZINE. PERIODICAL. HANDBILL. WRITTEN NOTICE. PRINTED DISPLAY.
POSTER. BILLBOARD. RADIO OR TELEVISION ANNOUNCEMENT OR BY ANY OTHER
MEANS. NOTICE OF A SALE OR INTENTION TO CONDUCT A SALE.
2. AMUSEMENT ATTRACTION. ANY BUILDING OR STRUCTURE AROUND. OVER.
OR THROUGH WHICH PERSONS MAY MOVE OR WALK. WITHOUT THE AID OF ANY
MOVING DEVICE INTEGRAL TO THE BUILDING OR STRUCTURE. WHICH BUILDING
OR STRUCTURE PROVIDES AMUSEMENT. PLEASURE. THRILLS. OR EXCITEMENT.
THIS TERM DOES NOT INCLUDE ENTERPRISES PRINCIPALLY DEVOTED TO THE
EXHIBITION OF PRODUCTS OF AGRICULTURE. INDUSTRY. EDUCATION.
SCIENCE. RELIGION. OR THE ARTS.
3. AMUSEMENT RIDE. ANY MECHANICAL DEVICE WHICH CARRIES OR
CONVEYS PASSENGERS AROUND. OVER. OR ALONG A FIXED OR RESTRICTED
ROUTE OR COURSE OR WITHIN A DEFINED AREA FOR THE PURPOSE OF GIVING
ITS PASSENGERS AMUSEMENT. PLEASURE. THRILLS. OR EXCITEMENT.
4. ANTIQUE. AN OBJECT 50 YEARS OF AGE OR OLDER THAT HAS A
SPECIAL VALUE DUE TO AGE OR A REPRODUCTION OF SAME.
5. APARTMENT HOUSE. A BUILDING WITH OR WITHOUT RESIDENT
SUPERVISION OCCUPIED OR INTENDED TO BE OCCUPIED BY MORE THAN TWO
FAMILIES LIVING SEPARATELY WITH SEPARATE COOKING FACILITIES IN EACH
UNIT.
6. ARCADE. ANY PLACE OF BUSINESS WHICH HAS COIN OPERATED GAME
MACHINES AND/OR POOL TABLES WHICH. WHEN COUNTED TOGETHER. EXCEED
FIVE (5) IN NUMBER.
7. AUCTION BUSINESS. A SOLE PROPRIETORSHIP. PARTNERSHIP. OR
CORPORATION WHICH MAINTAINS A PERMANENT OFFICE OR BRANCH OFFICE IN
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THE CITY AND WHICH. IN THE REGULAR COURSE OF BUSINESS. CONDUCTS.
ARRANGES. ADVERTISES. OR PROMOTES AUCTIONS OR USES OR ALLOWS THE
USE OF ITS FACILITIES FOR AUCTIONS.
8. AUTOMOBILE RENTAL AGENCY. ANY PERSON WHO RENTS. LEASES OR
OFFERS TO RENT OR LEASE FIVE OR MORE MOTOR VEHICLES WITHIN THE CITY
OF MIAMI BEACH WITHIN ANY GIVEN YEAR.
9. AUTOMOBILE SHIPPER. ANY PERSON ENGAGED IN THE BUSINESS OR
OCCUPATION. AS PRINCIPAL. AGENT. BROKER. INTERMEDIARY OR OTHERWISE.
OR HOLDING HIMSELF OUT BY ADVERTISEMENT. SOLICITATION OR OTHERWISE
AS BEING ENGAGED IN THE BUSINESS OR OCCUPATION OF RECEIVING AND
ACCEPTING THE CUSTODY OR POSSESSION OF THE AUTOMOBILE OF ANOTHER.
UNDER ANY CONTRACT. AGREEMENT. UNDERSTANDING OR ARRANGEMENT. WHICH
PROVIDES FOR THE FURNISHING. PROCURING OR ARRANGING FOR THE
TRANSPORTATION OR SHIPMENT OF SUCH AUTOMOBILE TO AN AGREED POINT OR
DESTINATION. BY DRIVING THE SAME THERETO. UNDER ITS OWN POWER OR
PROPULSION. IN LIEU OF THE TRANSPORTATION OR SHIPMENT THEREOF AS
FREIGHT BY ANY AUTO TRANSPORTATION COMPANY OR COMMON CARRIER.
10. BOTTLE CLUB. A COMMERCIAL ESTABLISHMENT. OPERATED FOR A
PROFIT. WHETHER OR NOT A PROFIT IS ACTUALLY MADE. WHEREIN PATRONS
CONSUME ALCOHOLIC BEVERAGES WHICH ARE BROUGHT ONTO THE PREMISES AND
NOT SOLD OR SUPPLIED TO THE PATRONS BY THE ESTABLISHMENT. WHETHER
THE PATRONS BRING IN AND MAINTAIN CUSTODY OF THEIR OWN ALCOHOLIC
BEVERAGES OR SURRENDER CUSTODY TO THE ESTABLISHMENT FOR DISPENSING
ON THE PREMISES.
11. BUSINESS. EVERY TRADE. OCCUPATION. PROFESSION OR OTHER
MANNER OF REVENUE-PRODUCING ACTIVITY REGARDLESS OF WHETHER A PROFIT
IS ACTUALLY MADE.
12. CARDROOM. ANY ROOM. STORE. OFFICE. BUILDING. VESSEL OR
HOUSEBOAT USED. OPERATED OR MAINTAINED FOR THE PURPOSE OF PROVIDING
FACILITIES FOR CARD PLAYING FOR FOUR OR MORE PERSONS. OTHER THAN
THE OWNERS. OPERATORS OR LESSEES THEREOF. WHETHER OR NOT ADMISSION.
COVER OR SERVICE CHARGES BE EXACTED.
13. CITY MANAGER OR HIS/HER DESIGNEE. CITY MANAGER SHALL MEAN
THE CITY MANAGER OF THE CITY OF MIAMI BEACH. FLORIDA. HIS/HER
DESIGNEE SHALL MEAN ONE OF THE CITY MANAGER'S ASSISTANTS OR ANOTHER
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EMPLOYEE OF THE CITY OF MIAMI BEACH DESIGNATED BY THE CITY MANAGER
TO PERFORM A FUNCTION REOUIRED BY THIS CHAPTER PROVIDED HOWEVER.
THAT REVIEW REQUIRED BY SECTION 20-44 HEREIN SHALL NOT BE CONDUCTED
BY THE SAME PERSON WHO PERFORMS FUNCTIONS PURSUANT TO ANY OTHER
SECTION OF THIS CHAPTER. ALTERNATIVELY "DESIGNEE" FOR PURPOSES OF
SECTION 20-44 MAY ALSO MEAN AN INDEPENDENT HEARING OFFICER
APPOINTED BY RESOLUTION OF THE MIAMI BEACH CITY COMMISSION TO
PERFORM THE REVIEW FUNCTIONS SET FORTH THEREIN.
14. CLOSING OUT SALE. THE SALE OR OFFER TO SELL BY ANY PERSON.
TO THE PUBLIC. OF GOODS IN STOCK. ON ORDER OR IN TRANSIT. WITH A
DECLARED ADVERTISED PURPOSE THAT SUCH SALE:
a. IS ANTICIPATORY TO THE TERMINATION. CLOSING.
LIQUIDATION. DISCONTINUANCE. CONCLUSION. OR ABANDONMENT. ETC. OF
THE BUSINESS. OR ANY PART THEREOF. OR ANY LINE OF GOODS. OR ANY ONE
STORE OF A GROUP OF STORES IN CONNECTION WITH SUCH SALE. AND IT
SHALL INCLUDE ALL SALES ADVERTISED IN SUCH MANNER AS TO REASONABLY
CONVEY TO THE PUBLIC THE IMPRESSION THAT UPON THE DISPOSAL OF THE
GOODS ADVERTISED OR ON HAND. THE BUSINESS WILL PERMANENTLY CEASE
AND BE DISCONTINUED; OR
b. IS ANTICIPATORY TO THE TEMPORARY CLOSING OR
DISCONTINUANCE OF THE BUSINESS DUE TO ALTERATIONS OR REMODELING OF
THE PREMISES OR RELOCATION: OR
c. WILL CONSIST OF GOODS DAMAGED OR ALTERED BY FIRE.
SMOKE. WATER. HURRICANE. FLOOD. EXPLOSION OR OTHER MEANS: OR
d. WILL CONSIST OF GOODS DERIVED FROM A BUSINESS WHICH
HAS FAILED. BEEN CLOSED. DISCONTINUED OR LIQUIDATED. OR WHERE SUCH
ADVERTISING INDICATES A BUSINESS FAILURE OR EMERGENCY AFFECTING THE
SELLER OR ANY PREVIOUS HOLDER OF THE GOODS TO BE SOLD.
15. COMPENSATION. ANY MONEY. REWARD OR CONSIDERATION. TANGIBLE
OR INTANGIBLE. PERSONAL PROPERTY OR REAL PROPERTY. OR THE USE OF
REAL OR PERSONAL PROPERTY. RECEIVED DIRECTLY OR INDIRECTLY OR IN
TRUST OR BY OTHER MEANS.
16. DRIVER. AN INDIVIDUAL OPERATING A MOTOR VEHICLE WHETHER AS
THE VEHICLE OWNER OR AS AGENT. EMPLOYEE OR LESSEE OF THE OWNER.
17. ELECTROLOGIST. ANY PERSON WHO REMOVES HAIR FROM OR DESTROYS
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HAIR ON THE HUMAN BODY BY THE USE OF AN ELECTRIC NEEDLE.
18. ELECTROLYSIS. THE PRACTICE OF REMOVING SURPLUS HAIR FROM ANY
PART OF THE HUMAN BODY BY THE APPLICATION OF ELECTRIC CURRENT TO
THE HAIR PAPILLA BY MEANS OF A NEEDLE OR NEEDLES TO CAUSE
DECOMPOSITION OF HAIR PAPILLA.
19. EMPLOYMENT AGENT OR EMPLOYMENT AGENCY. ANY PERSON IN THIS
CITY ENGAGED FOR HIRE OR COMPENSATION IN THE BUSINESS OF FURNISHING
PERSONS SEEKING EMPLOYMENT OR CHANGING EMPLOYMENT. WITH INFORMATION
OR OTHER SERVICE. INTENDED TO ENABLE SUCH PERSONS TO PROCURE
EMPLOYMENT. OR FURNISHING ANY PERSON WHO MAY BE SEEKING TO EMPLOY.
FOR COMPENSATION HELP OF ANY KIND. WITH INFORMATION. INTENDED TO
ENABLE SUCH PERSON TO PROCURE SUCH HELP.
20. ESCORT SERVICE. ANY PERSON IN THIS CITY ENGAGED FOR HIRE OR
COMPENSATION IN THE BUSINESS OF PROVIDING COMPANIONS.
21. FERROUS METALS. ANY METALS CONTAINING SIGNIFICANT QUANTITIES
OF IRON OR STEEL.
22. FIREARM. ANY REVOLVER. PISTOL. RIFLE. SHOTGUN. MACHINE GUN.
DESTRUCTIVE DEVICE OR OTHER WEAPON WHICH EXPELS A PROJECTILE BY THE
ACTION OF AN EXPLOSIVE OR AIR PRESSURE OR GAS. ETC.
23. FLORIST. ANY PERSON REGULARLY ENGAGED IN THE BUSINESS OF
SELLING AT RETAIL. FLOWERS. FUNERAL SPRAYS. WREATHS. DESIGNS OR
CORSAGES.
24. FLOWER STAND. ANY PERSON. ENGAGED IN THE BUSINESS OF SELLING
CUT FLOWERS EXCLUSIVE OF ANY. ALL AND EVERY OTHER TYPE AND KIND OF
FLOWERS OR PLANTS.
25. FOR CAUSE. THE FAILURE OF A LICENSEE TO COMPLY WITH THOSE
CONDITIONS. STANDARDS OR REQUIREMENTS REQUIRED FOR THE ISSUANCE OF
HIS LICENSE. OR THE VIOLATION OF ANY OTHER PROVISION OF THIS
CHAPTER OR OTHER CHAPTERS OF THE MIAMI BEACH CITY CODE INCORPORATED
HEREIN.
26. GALLERY. A BUSINESS WHICH DISPLAYS ART FOR VIEWING AND/OR
FOR SALE REGARDLESS OF WHETHER A FEE IS CHARGED FOR ADMISSION.
27. GUARD. WATCHMAN. PATROL. INCLUDES ANY PERSON. FIRM. COMPANY.
PARTNERSHIP. OR CORPORATION WHICH. FOR CONSIDERATION. ADVERTISES AS
PROVIDING OR IS ENGAGED IN THE BUSINESS OF FURNISHING WATCHMAN.
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GUARD. PATROL. OR ARMORED CAR SERVICES OR WHICH. FOR CONSIDERATION.
TRANSPORTS PRISONERS. THIS INCLUDES ANY PERSON. FIRM. COMPANY.
PARTNERSHIP. OR CORPORATION WHICH UTILIZES DOGS TO PERFORM SECURITY
SERVICES UNLESS OTHERWISE EXCLUDED.
28. HE. SHALL INCLUDE THE FEMININE AND NEUTER.
29. JANITORIAL SERVICE. ANY PERSON IN THIS CITY ENGAGED FOR HIRE
OR COMPENSATION TO PROVIDE CLEANING SERVICES OR PERSONS WHO WILL
PERFORM THESE SERVICES FOR OTHERS.
30. LICENSE. A PERMISSION GRANTED UPON COMPLIANCE WITH THE
REQUIREMENTS OF THIS CHAPTER TO ENGAGE IN A BUSINESS OR ACTIVITY
CONDUCTED WITHIN THE CITY OF MIAMI BEACH.
31. LICENSEE. ANY PERSON OPERATING UNDER A LICENSE GRANTED
PURSUANT TO THIS CHAPTER.
32. MEDICAL CLINIC. AN OUTPATIENT FACILITY IN WHICH THE NAME OF
A FICTITIOUS ENTITY IS PROMINENTLY FEATURED. WHICH PROVIDES FOR
SURGICAL AND NON-SURGICAL MEDICAL TREATMENT AND IS NOT DIRECTLY
ASSOCIATED WITH A HOSPITAL.
33. MOTOR SCOOTER. A 2-WHEELED VEHICLE WITH SMALL WHEELS AND A
LOW POWERED ENGINE.
34. MOTOR VEHICLE OR VEHICLE. ANY MOTOR-PROPELLED VEHICLE. (WITH
THE EXCEPTION OF MOTOR SCOOTERS) INCLUDING BUT NOT LIMITED TO MOTOR
BUSES. VANS. AND AUTOMOBILES OPERATING ON THE STREETS OF THE CITY
FOR COMPENSATION.
35. NEWS DEPOT. LOCATION WHERE NEWSPAPER CARRIERS PICKUP AND
PREPARE NEWSPAPERS FOR DELIVERY.
36. NON-FERROUS METALS. METALS NOT CONTAINING SIGNIFICANT
QUANTITIES OF IRON OR STEEL INCLUDING BUT NOT LIMITED TO COPPER.
BRASS. ALUMINUM. BRONZE. LEAD. NICKEL. ZINC. AND ALLOYS THEREOF.
37. NOT-FOR-PROFIT ORGANIZATION. ORGANIZATION REGISTERED AS A
CORPORATION NOT FOR PROFIT PURSUANT TO CHAPTER 617. FLORIDA
STATUTES. NO PART OF THE INCOME OR PROFIT OF WHICH IS DISTRIBUTABLE
TO ITS MEMBERS. DIRECTORS. OR OFFICERS.
38. PARKING LOT. ANY BUSINESS ENGAGED IN WHOLE OR IN PART IN THE
PARKING OF MOTOR VEHICLES FOR THE PAYMENT OF A FEE.
39. PAWN. MEANS EITHER OF THE FOLLOWING TRANSACTIONS:
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(a). LOAN OF MONEY.--A WRITTEN OR ORAL BAILMENT OF PERSONAL
PROPERTY AS SECURITY FOR AN ENGAGEMENT OR DEBT. REDEEMABLE ON
CERTAIN TERMS AND WITH THE IMPLIED POWER OF SALE ON DEFAULT.
(b). BUY-SELL AGREEMENT. ANY AGREEMENT WHEREBY A PURCHASER
AGREES TO HOLD PROPERTY FOR A SPECIFIED PERIOD OF TIME TO ALLOW THE
SELLER THE EXCLUSIVE RIGHT TO REPURCHASE THE PROPERTY. A BUY-SELL
AGREEMENT IS NOT A LOAN OF MONEY.
40. PAWNBROKER. A PERSON. CORPORATION. PARTNERSHIP OR OTHER
BUSINESS ENTITY ENGAGED IN THE BUSINESS OF MAKING PAWNS OR WHO
REGULARLY LOANS MONEY OR ANYTHING OF VALUE ON STOCKS. BONDS OR
OTHER SECURITIES. THIS DOES NOT INCLUDE A FINANCIAL INSTITUTION AS
DEFINED IN FLORIDA STATUTES.
41. PERSON. MEANS ANY INDIVIDUAL. FIRM. PARTNERSHIP. JOINT
ADVENTURE. SYNDICATE. OR OTHER GROUP OR COMBINATION ACTING AS A
UNIT. ASSOCIATION. CORPORATION. ESTATE. TRUST. BUSINESS TRUST.
TRUSTEE. EXECUTOR. ADMINISTRATOR. RECEIVER. OR OTHER FIDUCIARY. AND
INCLUDES THE PLURAL AS WELL AS THE SINGULAR.
42. PREARRANGED TRAVEL OR TOURIST-RELATED SERVICES. ANY SERVICE
INCLUDING BUT NOT LIMITED TO. CAR RENTALS. LODGING. TRANSFERS. AND
SIGHTSEEING TOURS. FOR WHICH A TRAVELER RECEIVES A PREMIUM OR FOR
WHICH HE/SHE CONTRACTS OR PAYS PRIOR TO DEPARTURE.
43. PRIVATE INVESTIGATIVE AGENCY. INCLUDES ANY PERSON. FIRM.
COMPANY. PARTNERSHIP. OR CORPORATION WHICH. FOR CONSIDERATION.
ADVERTISES AS PROVIDING OR IS ENGAGED IN THE BUSINESS OF FURNISHING
PRIVATE INVESTIGATIONS AS DEFINED IN SECTION 493.6101 (17). FLORIDA
STATUTES (1991) AND AMENDMENTS THERETO.
44. PROFESSIONAL CORPORATION. A CORPORATION WHICH IS ORGANIZED
FOR THE SOLE AND SPECIFIC PURPOSE OF RENDERING PROFESSIONAL SERVICE
AND WHICH HAS AS ITS SHAREHOLDERS ONLY INDIVIDUALS WHO THEMSELVES
ARE DULY LICENSED OR OTHERWISE LEGALLY AUTHORIZED WITHIN THIS STATE
TO RENDER THE SAME PROFESSIONAL SERVICE AS THE CORPORATION.
45. PROFESSIONAL SERVICE. ANY TYPE OF PERSONAL SERVICE TO THE
PUBLIC WHICH REQUIRES AS A CONDITION PRECEDENT TO THE RENDERING OF
SUCH SERVICE THE OBTAINING OF A LICENSE OR OTHER AUTHORIZATION FROM
THE STATE OR FLORIDA. BY WAY OF EXAMPLE AND WITHOUT LIMITING THE
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GENERALITY THEREOF. THE PERSONAL SERVICES WHICH COME WITHIN THE
PROVISIONS OF THIS CHAPTER ARE THE PERSONAL SERVICES RENDERED BY
CERTIFIED PUBLIC ACCOUNTANTS. PUBLIC ACCOUNTANTS. CHIROPRACTORS.
DENTISTS. OSTEOPATHS. PHYSICIANS AND SURGEONS. DOCTORS OF MEDICINE.
DOCTORS OF DENTISTRY. PODIATRISTS. CHIROPODISTS. ARCHITECTS.
VETERINARIANS. ATTORNEYS AT LAW. AND LIFE INSURANCE AGENTS.
46. PUBLIC FOOD SERVICE ESTABLISHMENT. ANY BUILDING. VEHICLE.
PLACE. OR STRUCTURE. OR ANY ROOM OR DIVISION IN A BUILDING.
VEHICLE. PLACE OR STRUCTURE. THAT IS MAINTAINED AND OPERATED AS A
PLACE WHERE FOOD IS REGULARLY PREPARED. SERVED. OR SOLD.
47. PURCHASE TRANSACTION. A TRANSACTION IN WHICH A RECYCLER
GIVES CONSIDERATION HAVING A VALUE IN EXCESS OF $10.00 IN EXCHANGE
FOR REGULATED METALS PROPERTY.
48. RECEPTIVE TOUR OPERATOR. ANY PERSON OR BUSINESS WHO
PREARRANGES TOURIST-RELATED OR TOUR GUIDE SERVICES FOR INDIVIDUALS
OR GROUPS VISITING THE CITY WHOSE POINT OF ORIGIN OR DEPARTURE IS
A FOREIGN COUNTRY. THIS DOES NOT INCLUDE ANY PERSON WHO PROVIDES
SERVICES LIMITED SOLELY TO ANY SINGLE ONE OF THE FOLLOWING:
TRANSPORTATION. LODGING. FOOD OR ENTERTAINMENT.
49. RECYCLERS. ALL PERSONS ENGAGED IN THE BUSINESS OR GATHERING
OR OBTAINING FERROUS OR NON-FERROUS METALS. PAPER. GLASS. OR
PLASTIC PRODUCTS THAT HAVE SERVED THEIR ORIGINAL ECONOMIC PURPOSE
OR IS IN THE BUSINESS OF PERFORMING THE MANUFACTURING PROCESS BY
WHICH THESE PRODUCTS ARE CONVERTED INTO RAW PRODUCTS CONSISTING OF
PREPARED GRADES AND HAVING AN EXISTING OR POTENTIAL ECONOMIC VALUE:
BY METHODS INCLUDING WITHOUT LIMITATION. PROCESSING. SORTING.
CUTTING. CLASSIFYING. CLEARING. BAILING. WRAPPING. SHREDDING.
SHEARING. OR CHANGING THE PHYSICAL FORM OR CHEMICAL CONTENT
THEREOF.
50. REGULATED METALS PROPERTY. SHALL MEAN ANY ITEM COMPOSED
PRIMARILY OF ANY NON-FERROUS METALS. BUT SHALL NOT INCLUDE ALUMINUM
BEVERAGE CONTAINERS. USED BEVERAGE CONTAINERS OR SIMILAR BEVERAGE
CONTAINERS.
51. RESTAURANT. (SEE PUBLIC FOOD ESTABLISHMENT).
52. RETAIL ESTABLISHMENT. ANY STORE. MERCHANT OR ORGANIZATION.
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SELLING MERCHANDISE TO THE GENERAL PUBLIC.
53. SALE. SHALL INCLUDE ALL TRANSFERS. ASSIGNMENTS. PLEDGES.
LEASES. LOANS. BARTERS OR GIFTS.
54. SECONDHAND DEALER. MEANS A PERSON. CORPORATION. OR OTHER
BUSINESS ORGANIZATION OR ENTITY. WHICH IS NOT A SECONDARY METALS
RECYCLER SUBJECT TO CHAPTER 538. PART II. FLORIDA STATUTES. ENGAGED
IN THE BUSINESS OF PURCHASING. CONSIGNING. OR PAWNING SECONDHAND
GOODS.
55. SECONDHAND GOODS. PERSONAL PROPERTY PREVIOUSLY OWNED OR USED
WHICH IS NOT REGULATED METALS PROPERTY REGULATED UNDER CHAPTER 538.
PART II. FLORIDA STATUTES. AND WHICH IS PURCHASED. CONSIGNED OR
PAWNED AS USED PROPERTY.
56. SELLER OF TRAVEL - TRAVEL BUREAU. ANY PERSON OR BUSINESS
ENTITY MAINTAINING A BUSINESS LOCATION OR BRANCH OFFICE WITHIN THE
CITY OF MIAMI BEACH WHO OFFERS FOR SALE. DIRECTLY OR INDIRECTLY. AT
WHOLESALE OR RETAIL. PREARRANGED TRAVEL OR TOURIST-RELATED SERVICES
FOR INDIVIDUALS OR GROUPS THROUGH VACATION OR TOUR PACKAGES OR
THROUGH LODGING OR TRAVEL CERTIFICATES IN EXCHANGE FOR A FEE.
COMMISSION OR OTHER VALUABLE CONSIDERATION. THIS INCLUDES OFFERING
MEMBERSHIP IN A TRAVEL CLUB OR TRAVEL SERVICES FOR AN ADVANCED FEE
OR PAYMENT. EVEN IF NO TRAVEL CONTRACTS OR CERTIFICATES OR VACATION
OR TOUR PACKAGES ARE SOLD BY THE BUSINESS ENTITY.
57. THE SINGULAR INCLQDES THE PLURAL AND VICE VERSA.
58. TALENT AGENCY. ANY PERSON OR CORPORATION ENGAGED IN THE
OCCUPATION OF OPERATING AN AGENCY. BUREAU. OFFICE. OR OTHER PLACE
FOR THE PURPOSE OF PROCURING OR ATTEMPTING TO PROCURE ENGAGEMENTS.
OR FOR THE PURPOSE OF GIVING INFORMATION AS TO WHERE SUCH
ENGAGEMENTS MAY BE PROVIDED. FOR AN ARTIST WHO SEEKS EMPLOYMENT BY
A BUYER IN. BUT NOT LIMITED TO. THE FOLLOWING: A LIVE OR MOTION
PICTURE PRODUCTION. WHETHER MADE ON OR BY FILM. ELECTRONIC TAPE. OR
OTHER ELECTRONIC DEVICE USED TO PRODUCE THEATRICAL MOTION PICTURES.
TELEVISION ENTERTAINMENT MOTION PICTURES. INDUSTRIAL MOTION
PICTURES. OR TELEVISION COMMERCIALS: MODELING SERVICES:
CONVENTIONS; PRINT MEDIA; THE LEGITIMATE STAGE; RADIO; CIRCUS;
VAUDEVILLE; MUSICAL ARTS; OR A MUSICAL ORGANIZATION.
13
59. WINDOW CLEANING SERVICE. ANY PERSON ENGAGED FOR HIRE OR
COMPENSATION TO PROVIDE WINDOW CLEANING SERVICES OR PERSONS WHO
WILL PERFORM THESE SERVICES FOR OTHERS.
A. CENERAL rROVISIONS.
ARTICLE I. BUSINESS LICENSES.
SEC. 20-1. BUSINESS LICENSES REQUIRED.
NO PERSON SHALL ENGAGE IN ANY BUSINESS WITHIN THE CITY OF MIAMI
BEACH FOR WHICH A LICENSE IS REQUIRED BY THIS ARTICLE UNLESS A CITY
LICENSE HAS BEEN PROCURED FROM THE CITY MANAGER OR HIS DESIGNEE AS
PROVIDED BELOW.
SEC. 20-2. APPLICATION OF OTHER LAWS.
A BUSINESS LICENSE ISSUED UNDER THIS ARTICLE DOES NOT WAIVE OR
SUPERSEDE OTHER CITY OR COUNTY ORDINANCES OR STATE OR FEDERAL
REGULATIONS OR LAWS. DOES NOT CONSTITUTE CITY APPROVAL OF ANY
PARTICULAR BUSINESS ACTIVITY, OR MANNER OF CONDUCTING A BUSINESS
ACTIVITY. AND DOES NOT EXCUSE THE LICENSEE FROM ALL OTHER CITY.
COUNTY. STATE AND FEDERAL REGULATIONS. ORDINANCES AND LAWS
APPLICABLE TO THE LICENSEE'S BUSINESS. ALL LICENSES AND
APPLICATION MATERIALS PREPARED UNDER THIS ARTICLE SHALL SO STATE.
NEITHER THE PAYMENT OF A LICENSE FEE NOR THE PROCUREMENT OF A
LICENSE UNDER THIS ARTICLE SHALL AUTHORIZE OR LEGALIZE IN ANY
MANNER A LICENSEE'S VIOLATION OF CITY, COUNTY, STATE OR FEDERAL
ORDINANCE. REGULATION OR LAW. ISSUANCE OF A LICENSE HEREUNDER SHALL
NOT CONSTITUTE CITY AUTHORIZATION OR APPROVAL OF A SPECIFIC }fANNER
OF BU8INESC ACTIVITY.
SEC. 20-3. DURATION AND EXPIRATION DATE; TIME LIMITATION FOR
GRANTING OR DENIAL; TRANSFERABILITY.
14
EACH LICENSE SHALL BE VALID FOR ONE YEAR MID S~~LL BE ISSUED ON
OCTOBER FIRST OF EACH YEAR AND SH1~LL EXPIRE ON CEPTm~BER THIRTIETH
OF THE FOLLOWING YEAR. LICENSE C S) SHALL BE GR~ITED OR DENIED
WITunl A PERIOD OF 30 DAYS FROU THE DATE OF APPLICATION CUBIUTTAL.
A BUCnlESS LICENSE m\~Y BE TRANSFERRED WITH THE BUSINESS WITHnl 15
DAYS OF A BONA FIDE SALE OR TRMISFER OF SAID BUSINESS BUT SHALL BE
VALID ONLY FOR THE PERIOD FOR WHICH IT WAS ORIGINALLY ISSUED. IF
THE TR'UISFER IS NOT TR1\~NSACTED WITHIN 15 DAYS OF THE BONA FIDE SALE
OR LEASE THEN THE CQ}{PLETE ANNUAL PAY){ENT IS DUE. A BUSINESS
LICENSE Ul\~Y BE TR1\~nCFERRED '1'0 ANOTHER LOCATION WITHIN THE CITY OF
IHAUI BEACH IN THE EVENT OF RELOCATIon OF A LICENSED BUSINESS.
HOWEVER, IN THE EVEnT OF Any SUCH TR1\~NSFER OF A LICEnSE EITHER
THROUGH SALE OR RELOCATION OF A BUSINESS, THE ORIGINAL LICENSE IIDST
BE SUBIHTTED '1'0 THE CITY 1{l~NAGER OR HIS DESIGNEE WITH A Tm~nSFER
FEE OF THREE DOLLl~RS AnD A ZONING FEE OF TEN DOLLARS. THE CITY
~(ANAGER OR HIS DESIGNEE SHALL UAKE A NOTE ON THE LICENSE OF THE
TRANSFER AND THE NEW LOCATION OR NEW OWNER, AS THE CASE ~"lY BE, AND
SHALL ALSO REQUIRE THE TR~NSFER '1'0 DISCLOSE ALL THE INFORMATION
CONCERNING THE NEW OWlIER OR LOCATION WHICH WOULD OTHERWISE BE
REQUIRED BY THIS ARTICLE OF A NEW APPLICAnT FOR THE LICENSE. ANY
RESIDENTIAL UNIT TR~NSFERRING THEIR LICENSE '1'0 NEW OWNERSHIP, MUST
SUBUIT A COPY OF THE RECORDED DEED, THE PREVIOUS LICENSE, AND A nEW
APPLICATION TO C0Jl1PLETE A TR"lnSFER OF OWNERSHIP. CORD. NO. 82
2316,S1.).
A. EACH LICENSE SHALL BE VALID FOR ONE YEAR. LICENSES SHALL BE
ISSUED ON OCTOBER FIRST OF EACH YEAR AND SHALL EXPIRE ON SEPTEMBER
THIRTIETH OF THE FOLLOWING YEAR.
B. A BUSINESS LICENSE MAY BE TRANSFERRED TO A NEW OWNER WHEN
THERE IS A BONA FIDE SALE OF SAID BUSINESS IF THE TRANSFER OCCURS
WITHIN THIRTY (30) DAYS OF SAID SALE. HOWEVER. THE TRANSFERRED
LICENSE SHALL BE VALID ONLY FOR THE REMAINDER OF THE PERIOD FOR
WHICH IT WAS ORIGINALLY ISSUED. ANY BUSINESS TRANSFERRING THE
LICENSE TO NEW OWNERSHIP MUST SUBMIT:
1. PROOF OF OWNERSHIP SHOWING THE DATE OF SALE. IN THE
15
SECTION.
3. ALL OTHER LICENSING REOUIREMENTS OF THIS CHAPTER HAVE
BEEN MET.
4. THE TRANSFER FEE IS PAID AND LICENSE IS OBTAINED PRIOR
TO OPENING FOR BUSINESS AT THE NEW LOCATION.
D. FAILURE TO FOLLOW THE APPLICABLE PROCEDURE SET FORTH IN
PARAGRAPH B OR C ABOVE SHALL RESULT IN THE LOSS OF THE OPPORTUNITY
TO TRANSFER THE LICENSE TO THE NEW LOCATION OR ENTITY. THE
APPLICANT SHALL THEREAFTER BE REQUIRED TO PAY THE TOTAL ANNUAL FEE
FOR THE LICENSE AS REQUIRED BY SECTION 20-11 HEREIN AND SHALL BE
SUBJECT TO ALL ADMINISTRATIVE. CIVIL AND CRIMINAL PENALTIES
AUTHORIZED UNDER THIS CHAPTER. FOR FAILURE TO PROCURE A LICENSE.
E. THE ABOVE REFERENCED TRANSFER FEE SHALL BE $3.00.
F. A LICENSE SHALL BE GRANTED OR DENIED WITHIN A PERIOD OF 30
DAYS FROM THE DATE OF SUBMITTAL OF A COMPLETE APPLICATION.
SEC. 20-4. PRO RATA PAYMENT; REFUND; EXISTING LICENSE.
ALL LICENSES SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF OCTOBER
OF EACH YEAR. NO LICENSE SHALL BE ISSUED FOR ANY FRACTIONAL
PORTION OF THE YEAR; PROVIDED, HOWEVER, THAT THOSE PERSONS
OPERATING BUSINESSES OR OCCUPATIONS COVERED BY THIS CHAPTER WHO
16
ESTABLISH PERMANENT PLACES OF BUSINESS IN THE CITY AFTER MAY 1 MAY
OBTAIN A LICENSE FOR THE REMAINING PORTION OF THE FISCAL YEAR UPON
THE PAYMENT OF ONE-HALF OF THE LICENSE FEE REQUIRED BY THIS
ARTICLE. NO REFUND OF FEES SHALL BE GRANTED.
SEC. 20-5. CUMULATIVE EFFECT OF ARTICLE.
FEES PAID UNDER THIS ARTICLE ARE NOT IN LIEU OF OTHER FEES AND
TAXES REQUIRED BY OTHER CITY DEPARTMENTS, BOARDS, COMMISSIONS OR
OFFICERS FOR PERMITS, REGISTRATION, EXAMINATION, INSPECTION OR
OTHER REGULATORY PURPOSES. THE PROVISIONS OF THIS ARTICLE ARE
CUMULATIVE AND IN ADDITION TO ALL OTHER FEDERAL, STATE, COUNTY AND
MUNICIPAL ORDINANCES. REGULATIONS AND LAWS PROVIDING FOR THE
COLLECTION OF TAXES, LICENSES, ANB PERMIT FEES AND CHARGES.
SEC. 20-6. BUSINESS LIMITED BY LICENSES.
NO BUSINESS LICENSED TO DO A PARTICULAR TYPE OF BUSINESS SHALL
ENGAGE IN ANY OTHER BUSINESS SUBJECT TO LICENSING UNDER THIS
ARTICLE UNLESS A SEPARATE LICENSE IS ACQUIRED FOR THAT PURPOSE.
VIOLATION OF THIS SECTION SHALL BE SUBJECT TO ALL ADMINISTRATIVE,
CIVIL AND CRIMINAL PENALTIES AUTHORIZED UNDER THIS CHAPTER.
SEC. 20-7. POSTING.
ANY PERSON CONDUCTING A BUSINESS FOR WHICH A LICENSE IS REQUIRED BY
THIS ARTICLE SHALL POST HIS LICENSE IN A CONSPICUOUS PLACE IN OR
ABOUT HIS PLACE OF BUSINESS WHERE IT MAY BE SEEN UPON INSPECTION BY
ANY OFFICIAL OF THE CITY. FOR HIS FAILURE TO DO SO, HE SHALL, UPON
CONVICTION, BE FINED OR IMPRISONED, OR BOTH, AS IF HE HAD NEVER
PROCURED SUCH LICENSE.
SEC. 20-8. CONVENTION CENTER ACTIVITIES EXEMPT.
ALL BUSINESS ACTIVITIES AT THE MIAMI BEACH CONVENTION CENTER AND
17
THE JACKIE GLEASON THEATER OF THE PERFORMING ARTS SHALL BE EXEMPT
FROM THE LICENSING REQUIREMENT UNDER THIS ARTICLE.
SEC. 20-9. PERSONAL RESPONSIBILITY AND LIABILITY OF OFFICERS
AND AGENTS.
(a) THE LICENSE DIVISION SHALL ENDEAVOR TO NOTIFY ALL
LICENSEES THAT THEIR LICENSES ARE DUE FOR RENEWAL. HOWEVER, IN THE
EVENT THAT THE LICENSEE DOES NOT RECEIVE A RENEWAL NOTIFICATION THE
LICENSEE IS RESPONSIBLE TO RENEW THE LICENSE PRIOR TO OCTOBER FIRST
TO AVOID DELINQUENT CHARGES.
(b) IN THE EVENT ANY BUSINESS OR FIRM FAILS TO OBTAIN A
BUSINESS LICENSE REQUIRED BY THIS ARTICLE, THE MANAGER, CHIEF
EXECUTIVE AND SALES AGENT OF THE BUSINESS SHALL EACH, JOINTLY AND
SEVERALLY, BE REQUIRED TO TAKE OUT A THE LICENSE ON BEHALF OF THE
BUSINESS. IT SHALL BE THE DUTY OF ALL OFFICERS OF A CORPORATION
ENGAGED IN BUSINESS IN THE CITY OF MIAMI BEACH TO SEE THAT SUCH
CORPORATION COMPLIES WITH THE PROVISIONS OF THIS CHAPTER, AND THEY
SHALL EACH PERSONALLY BE SUBJECT TO THE PENALTIES IMPOSED BY THIS
CHAPTER FOR FAILURE OF A CORPORATION TO COMPLY WITH THE
REQUIREMENTS OF THE CHAPTER. ALL CORPORATE OFFICERS APPLYING FOR
A BUSINESS LICENSE ON BEHALF OF A CORPORATION SHALL BE GIVEN
WRITTEN NOTICE THAT THEY ARE PERSONALLY LIABLE FOR THE
CORPORATION'S COMPLIANCE WITH THIS CHAPTER, AND SHALL IN ADDITION
BE REQUIRED TO EXECUTE THE APPLICATION MATERIALS IN THEIR
INDIVIDUAL CAPACITIES.
B. ArrLIOATION rROOEDURES CENERALLY.
SEC. 20-10. APPLICATION PROCEDURES; GROUNDS FOR DENIAL.
(a) PROCEDURES FOR ISSUANCE. NO LICENSE SHALL BE ISSUED OR
GRANTED TO ANY PERSON TO ENGAGE IN ANY BUSINESS NAMED, IDENTIFIED
OR ENCOMPASSED BY THIS ARTICLE UNLESS AN APPLICATION IS FILED WITH
THE CITY MANAGER OR HIS DESIGNEE ON FORMS PROVIDED FOR THAT
18
PURPOSE, DISCLOSING THE FOLLOWING:
(1) THE APPLICANT'S NAME AND ADDRESS, THE NAME OF THE
BUSINESS FOR WHICH A LICENSE IS SOUGHT, THE NAME AND ADDRESS OF THE
OWNER AND MANAGER OF THE BUSINESS, AND IF A CORPORATION, THE NAMES
AND ADDRESSES OF EACH OF ITS CORPORATE OFFICERS AND ITS RESIDENT
AGENT, THE TYPE OR CLASSIFICATION OF BUSINESS FOR WHICH THE
APPLICATION PERTAINS AND THE RELATIONSHIP OF THE APPLICANT TO SAID
BUSINESS, AND THE LOCATION IN THE CITY WHERE THE BUSINESS WILL BE
OPERATED.
(2) WHEN NECESSARY FOR DETERMINING THE PROPER LICENSE
FEE UNDER THIS ARTICLE, THE AREA, CAPACITY, CAPITAL INVESTED,
MERCHANDISE OR PROPERTY CONTAINED WITHIN THE BUSINESS, THE STOCK
CARRIED, NUMBER OF PERSONS OR THINGS EMPLOYED OR ENGAGED, THE
QUANTITY, PROPERTY OR RETAIL STOCK VALUE OR SUCH OTHER INFORMATION
AS MAY BE REQUIRED BY THIS ARTICLE FOR PURPOSES OF DETERMINING THE
PROPER LICENSE FEE. IT SHALL BE THE DUTY OF THE CITY MANAGER OR
HIS DESIGNEE BEFORE ISSUING A LICENSE REQUIRING DISCLOSURE OF SUCH
DATA TO REQUIRE THE PERSON APPLYING FOR SUCH LICENSE TO FILE UNDER
OATH A STATEMENT DISCLOSING SUCH DATA, WHICH STATEMENT SHALL BE
KEPT PERMANENTLY ON FILE, AND WHICH STATEMENT SHALL PROMPTLY BE
AMENDED BY THE LICENSEE AS THE CIRCUMSTANCES OF THE BUSINESS
CHANGE.
(3) IF THE APPLICANT IS A CORPORATION OR PARTNERSHIP,
THE FULL NAME OF THE CORPORATION OR PARTNERSHIP AND THE STATE OF
INCORPORATION.
( 4 ) IF THE BUSINESS IS A CORPORATION AND IS TO BE
CONDUCTED UNDER ANOTHER NAME, THE BUSINESS NAME AND COUNTY OF
REGISTRATION UNDER 865.09, FLORIDA STATUTES (AS AMENDED).
(5) WHETHER ANY OF THE INDIVIDUALS LISTED ON THE
APPLICATION HAS HAD HIS LICENSE, OR THE LICENSE OF ANY BUSINESS IN
WHICH HE HAD SUBSTANTIAL CONTROL OR OWNERSHIP INTERESTS, REVOKED OR
SUSPENDED UNDER THIS OR OTHER SIMILAR LAWS.
(6) THE APPLICATION SHALL CONTAIN A SECTION DESIGNATED
"EMERGENCY LOCATOR". THE APPLICANT SHALL FILL OUT AS PART OF THE
LICENSE APPLICATION THE NAMES, BUSINESS AND RESIDENT ADDRESSES AND
19
RESIDENT AND BUSINESS PHONE NUMBERS OF THE OWNER OR OWNERS, AND THE
MANAGER OR OTHER PERSONS TO BE NOTIFIED IN CASE OF FIRE OR OTHER
EMERGENCIES. ANY CHANGES IN SUCH INFORMATION DURING THE PERIOD FOR
WHICH THE LICENSE IS ISSUED SHALL BE MADE TO THE CITY MANAGER OR
HIS DESIGNEE, IN WRITING.
(7) ALL APPLICATIONS AND LICENSES SHALL BE ASSIGNED A
NUMBER, WHICH MAY BE AN INDIVIDUAL'S SOCIAL SECURITY NUMBER AND A
CORPORATION'S FEDERAL TAX NUMBER, OR SUCH OTHER UNIFORM METHOD OF
NUMBERING SELECTED BY THE CITY MANAGER OR HIS DESIGNEE WITH THE
DIRECTOR OF MANAGEMENT INFORMATION SYSTEMS.
(8) THE APPLICATION FORM SHALL CONTAIN THE FOLLOWING
LANGUAGE: "THE UNDERSIGNED HAS CAREFULLY REVIEWED THIS APPLICATION
AND ALL INFORMATION CONTAINED HEREIN HAS BEEN FREELY AND
VOLUNTARILY PROVIDED, AND ALL THE FACTS, FIGURES, STATEMENTS
CONTAINED IN THIS APPLICATION ARE TRUE AND CORRECT".
(9) THE APPLICANT SHALL PRINT AND SIGN HIS NAME TO THE
APPLICATIONS IMMEDIATELY AFTER THE ABOVE-QUOTED STATEMENT. IN THE
CASE OF A CORPORATION, AN OFFICER SHALL BE REQUIRED TO SIGN THE
APPLICATION IN HIS INDIVIDUAL CAPACITY AND NOT SOLELY AS A
CORPORATE AGENT, AND SHALL BE ADVISED OF THE PROVISIONS OF SECTION
20-9 OF THIS ARTICLE.
(10) THOSE BUSINESSES REQUIRED TO OBTAIN A CERTIFICATE OF
USE PURSUANT TO SECTION 8-3H(3) OF THE CODE OF THE CITY OF MIAMI
BEACH MUST DO SO PRIOR TO THE ISSUANCE OF AN OCCUPATIONAL LICENSE.
(11) ALL APARTMENT HOUSES. HOTELS. ROOMING HOUSES.
BOARDING HOUSES. 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 AND ANNUALLY THEREAFTER AT THE TIME OF RENEWAL. 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
CHAPTER.
(12) ALL BUSINESSES AND PROFESSIONS REGULATED BY THE
STATE OF FLORIDA MUST SUBMIT A COPY OF THEIR CURRENT STATE LICENSE
20
PRIOR TO THE ISSUANCE OF THEIR ORIGINAL CITY LICENSES AND
THEREAFTER EACH YEAR AT TIME OF RENEWAL. 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.
(b) GROUNDS FOR DENIAL. ANY PERSON WHOSE APPLICATION FOR A
BUSINESS LICENSE HAS BEEN DENIED MAY SEEK A HEARING UNDER SECTION
20 29 20-44 OF THIS CHAPTER. AN APPLICATION FOR AN OCCUPATIONAL
LICENSE UNDER THIS ARTICLE MAY BE DENIED ON THE FOLLOWING
GROUNDS:
(1)
MISREPRESENTED
APPLICATION.
(2) THAT THE APPLICANT CURRENTLY HAS A LICENSE UNDER
SUSPENSION OR REVOCATION. WHENEVER ANY BUSINESS LICENSE HAS BEEN
SUSPENDED OR REVOKED BY THE CITY FOR ANY CAUSE WHATSOEVER, NO
SUBSEQUENT BUSINESS LICENSE FOR A SIP1ILAR BUSINESS SHALL BE ISSUED
DURING THE PERIOD OF SUSPENSION/REVOCATION TO THE LICENSEE OR TO
ANY OTHER FIRM IN WHICH THE LICENSEE OR ANY OF ITS GENERAL
PARTNERS. LIMITED PARTNERS. OFFICERS OR STOCKHOLDERS OWNING 20
PERCENT OR MORE OF ITS STOCK OR AGENTS. EMPLOYEES OR OTHER PERSONS
WHO WERE ACTIVELY INVOLVED IN THE BUSINESS UNDER
SUSPENSION/REVOCATION. BY THE CITY '1'0 THE PERSON OR PERCONS WHOSE
BUSINESS LICENSE HAS BEEN REVOKED OR CUCPENDED.
(3) THAT THE APPLICANT DESIRING TO ENGAGE IN THE
BUSINESS AS DESCRIBED IN THE APPLICATION HAS SELECTED A PROPOSED
SITE OR TYPE OF BUSINESS ACTIVITY WHICH CONFLICTS WITH THE ZONING
OR OTHER LAWS OF THE CITY.
(4) THAT THE APPLICANT FAILS TO OBTAIN A BOND AT THE
LIMITS REQUIRED OF HIS BUSINESS.
(5) THAT THE APPLICANT FAILS TO OBTAIN INSURANCE AT THE
LIMITS REQUIRED OF HIS BUSINESS.
(6) THAT THE APPLICANT HAS FAILED TO OBTAIN A
CERTIFICATE OF USE AS REQUIRED BY CHAPTER 8 OF THE MIAMI BEACH CITY
CODE.
THAT THE APPLICANT HAS FAILED TO DISCLOSE OR HAS
INFORMATION REQUIRED BY THIS ARTICLE IN THE
21
(7) THE CERTIFICATE OF USE FOR THE PROPOSED BUSINESS HAS
BEEN DENIED. SUSPENDED. OR REVOKED FOR ANY REASON.
(8) THE APPLICANT'S PROPOSED BUSINESS ACTIVITY OR PORTION
THEREOF CONSISTS OF CONDUCT WHICH IS AN ACTUAL THREAT TO THE PUBLIC
HEALTH. WELFARE OR SAFETY.
(9) HABITUAL CONDUCT HAS OCCURRED AT THE APPLICANT'S
PREMISES WHICH VIOLATES CITY. COUNTY OR STATE LAWS.
(10) THE ISSUANCE OF A LICENSE IS BASED ON THE
APPLICANT'S COMPLIANCE WITH SPECIFIC PROVISIONS OF FEDERAL. STATE.
CITY OR COUNTY LAW AND THE APPLICANT HAS VIOLATED SUCH SPECIFIC
PROVISIONS.
(11) THE APPLICANT HAS VIOLATED ANY PROVISION OF THIS
CHAPTER AND HAS FAILED OR REFUSED TO CEASE OR CORRECT THE VIOLATION
AFTER NOTIFICATION THEREOF.
(12) THE APPLICANT WITHIN THE PRECEDING 5 YEARS IN THIS
STATE OR ANY OTHER STATE IN THE UNITED STATES. HAS BEEN ADJUDICATED
GUILTY OF OR FORFEITED A BOND WHEN CHARGED WITH SOLICITING FOR
PROSTITUTION. PANDERING. LETTING PREMISES FOR PROSTITUTION. KEEPING
A DISORDERLY PLACE. ILLEGALLY DEALING IN NARCOTICS.
(13) THE PREMISES HAVE BEEN CONDEMNED BY THE LOCAL HEALTH
AUTHORITY FOR FAILURE TO MEET SANITATION STANDARDS OR THE PREMISES
HAVE BEEN CONDEMNED BY THE LOCAL AUTHORITY BECAUSE THE PREMISES ARE
UNSAFE OR UNFIT FOR HUMAN OCCUPANCY.
(14) THE APPLICANT'S PREMISES HAVE BEEN FOUND TO
CONSTITUTE A PUBLIC NUISANCE BY THE CITY OF MIAMI BEACH NUISANCE
ABATEMENT BOARD.
o. FEES GENERALLY.
SEC. 20-11. SCHEDULE OF FEES.
LICENSE TAX FEES FOR THE FOLLOWING BUSINESSES, OCCUPATIONS OR
PROFESSIONS ARE HEREBY LEVIED AND IMPOSED AS FOLLOWS:
22
A
(1) ABSTRACT, LAND TITLE WARRANTY OR SECURITY
COMPANIES............................................... .$166.25
(2) ACCOUNTANTS AND AUDITORS................................. $185.94
(3) ACUPUNCTURIST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $164.06
(4) ADULT CONGREGATE LIVING FACILITY (H.R.S LICENSE REQUIRED)
FIRST TEN BEDS.......................... ................ $150.00
EACH ADDITIONAL BED...................................... $ 5.00
(5) ADVERTISING
( a) ALL KINDS....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $164 . 06
(b) COMMERCIAL, ON THEATER SCREENS.......................$356.25
(6) AGENT, BUREAU, BROKERS, OPERATORS OR DEALERS
OF ALL KINDS, INCLUDING COMMERCIAL, INSURANCE,
REAL ESTATE, LOANS, CLAIMS, TRANSPORTATION,
MANUFACTURER OR ANY OTHER KIND OF BUSINESS OR
OCCUPATION EXCEPT PAWNBROKERS, FOR EACH CLASS
OF BUSINESS HANDLED, ETC.. UNLESS COVERED ELSEWHERE
IN THIS SECTION.
( a) EACH FIRM........................................... $164 . 06
(b) FOR EACH INDIVIDUAL CONNECTED THEREWITH AS
SALESMAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65. 63
(e) FOR EACH INDIVIDUAL CONNECTED THEREWITH AS BROKER...$164.06
(7) ALCOHOLIC BEVERAGE VENDOR AND BOTTLE CLUB LICENSE FEES
(REGULATORY)
(a) ESTABLISHMENTS SELLING BEER, WINE AND/OR
LIQUOR FOR CONSUMPTION ON PREMISES, OPEN AFTER
MIDNIGHT AND CLOSING NO LATER THAN 2 A.M.................$937.50
(b) EXTRA-HOUR ESTABLISHMENTS SELLING BEER, WINE
23
AND/OR LIQUOR FOR CONSUMPTION ON PREMISES, OPEN
AFTER 2 A.M. AND CLOSING NO LATER THAN 5 A.M...........$3,125.00
(e) BOTTLE CLUBS..................................... .$5.000.00
(8) ALTERATIONS/TAILOR EACH SHOP
(a) EACH SHOP IN AllOTHER SHOP........................... .$142.19
lJ2l. IN ANOTHER SHOP...................................... $ 65. 63
121 AMUSEMENT ATTRACTION/RIDE.......................EACH......$937.50
(INSURANCE REOUIRED)
ilQl.
ANTIOUE DEALER/ART GALLERY..............................$750.00
f9T Ll2l APARTMENT HOUSES
(a) CON'I'AnnNC THREE OR UORE APAnTUEN'l' UNITC
Sa~LL PAY THE FOLLOWINC MINIMUM FEE (COVERING FIRST
FIFTEEN ROOMS) NOT INCLUDING KITCHENS AND BATHROOMS......$ 54.69
(b) FOR EACH ADDITIONAL ROOM OVER FIFTEEN.
COUlITnlC EVERY Roan 'I'HhT CAll BE LEACED OR
RENTED, NOT INCLUDING KITCHENS AND BATHROOMS.............$ 4.70
f-3:-9-t illl APPRAI S ER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $164 . 06
+-1-l-t till ARCADE.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $164 . 06
FOR EACH GAME MACHINE OR JUKE BOX....................$ 75.00
-f-1i!-t illl ARCHITECTS......................................... .$185.94
~ ~ ARMORED CAR SERVICE.................................$185.94
~ i1Ql ARMS, INCLUDING AMMUNITION AND PISTOLS, BOWIE
KNIVES, SLINGSHOTS, SPRINGFIELD AND REPEATING
RIFLES AND GUNS.
(a) DEALERS IN, ALONE OR IN CONNECTION WITH
24
ANY OTHER BUSINESS....................................... $ 3 7 5 . 00
(b) EMPLOYEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62. 50
(c) STARTING GUNS, TEAR GAS WEAPONS, B.B. GUNS
AND GAS GUN S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3 7 5 . 00
~ il2l ARTISTS, INCLUDING RETOUCHING, SKETCHING,
CARTOONING, CRAYON OR FERROTYPE OR OTHER
SIMILAR LINE............................................ .$142.19
~ .!..1.ll ATTORNEyS.......................................... .$185.94
1l2l AUCTION BUSINESS.....STATE LICENSE REOUIRED............$3.125.00
~ ~ AUTOMOBILE/TRUCK
( a ) PAINTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 281 . 25
(b) RENTING BUSINESS; PROVIDED 'PHAT AUTmmBILEC. . . . . . . $1, 171. 25
RENTED WITH DRIVERS CHALL BE CUBJECT TO THE SM~E
RECULATIONC AC ARE SPECIFIED IN SECTION
42 1 TO 42 24 OF THIS CODE.
(c) FOR EACH AUTOMOBILE RENTAL SUB-AGENCY (NO
CARS ON LOCATION) IN HOTELS HAVINC ONE HilllDRED
ROOP~C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3 7 5 . 00
(d) FOR EACH AUTmmBILE RENTAL SUB ACENCY (NO
CARC ON LOCATION) In HOTELS HAVINC UORE THAN ONE
HunDRED ROOMS, THE SUM SPECIFIED IN PAR'\CRAPH C.
HEREINABOVE AND FOR EACH ADDITIONAL ONE
HUNDRED ROmiG OR PART THEREOF, AND ADDITIONAL....... . . . . . $ 54.69
(c) FOR EACH AUTOnOBILE RENTAL SUB ACENCY (NO
CARG ON LOCATION) IN BUCINECS DIGTRICTC,
DEFINED BY ORDINANCE NO. 2665, FOR EACH GUBACENCY........$375.00
( f) WACH R1\~CKS, NOT IN CONNECT I ON WITH A
CAR~~CE OR FILLINC STATION................................ $ 54.69
(g) WASH R.'\CK8, IN CONNECTIon WITH A CAm~CE OR
(d) CAR WASH AND DETAILING
25
1 NOT IN CONNECTION WITH A FILLING STATION.........$220.00
2 ASSOCIATED WITH A FILLING STATION................$164.06
(e) GARAGE
1 STORAGE.......................................... 243. 75
2 REPAIR TO INCLUDE BODY SHOP......................$243.75
3 PARKING GARAGE................................... 185.94
fftt-.- ill
+i-t-r .Lgl
(h )
DEALER (NEW VEHICLES)...............................$327.50
BROKER (NO VEHICLES ON PREMISES)....................$164.06
DEALER (USED VEHICLES)..............................$281.25
~ ~ AUTOMOBILE FOR HIRE, LIMOUSINES. EXCEPT SIGHTSEEING BUSES
AND THEN ONLY AFTER Cm!PLYINC WITH CECTIons 42 1 '1'0 42 24 OF
THIS CODE:
( a) PER AUTO...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 257 . 50
(b) PRIVATE SCHOOL AND NURSERY BUSES, PER BUS...........$164.06
lQl LIMOUSINE SERVICE.................................. .$225.00
PER LIMOUSINE...................................... $ 65. 63
(INSURANCE REQUIRED)
~ ~ AUTOMOBILE SHIPPERS.................................$375.00
BOND REQUIRED
B
~ ~ BAGGAGE AND TRANSFER BUSINESS.......................$233.75
INCLUDING MOVING COMPANIES
~ ~ I31\Je1. I3C>N[)S.......................................... $164 . 06
~ ~ BAKERY, WHOLESALE
(a) EMPLOYING FIVE PERSONS OR LESS......................$ 87.50
(b) EMPLOYING MORE THAN FIVE AND NOT OVER TWENTY-FIVE
PERSONS........................................... .$196.88
(c) EMPLOYING OVER TWENTY-FIVE PERSONS..................$243.75
(d) FOR ANY RETAIL SALES, A SEPARATE LICENSE IS REQUIRED.
26
~ 11&1 BARBECUE MACHINES IN CONNECTION WITH OTHER
BUSINESSES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54.69
~ ~ BARBER SHOPS, WITH OR WITHOUT MANICURIST AND SHOE-SHINE
STANDS, EACH SHOP
ONE TO FIVE CHAIRS.................................. $164.06
(a)
(b)
(c)
(d)
(e)
SIX TO TEN CHAIRS................................... $205.00
ELEVEN TO FIFTEEN CHAIRS............................$250.00
PLUS $20.00 PER CHAIR OVER FIFTEEN
FOR EACH INDIVIDUAL BARBER..........................$ 20.00
~ ~ BATHS, TURKISH, MINERAL, SUN OR SIMlLAR.............$164.06
~ ~ BEACHFRONT CONCESSION OPERATIONS
(a) PER ACTIVITY PER LOCATION............................$570.31
~ lJQl BEAUTY PARLORS, HAIRDRESSING, FACIAL MASSAGE, MANICURING,
ETC., EACH SHOP
(a) ONE TO FIVE CHAIRS...................................$164.06
(b) SIX TO TEN CHAIRS................................... .$205.00
(c) ELEVEN TO FIFTEEN CHAIRS.............................$250.00
(d) PLUS $20.00 PER CHAIR OVER FIFTEEN
(e) FOR EACH INDIVIDUAL BEAUTICIAN.......................$ 20.00
~ L21l BICYCLES, RENT AND REPAIR...........................$164.06
A MERCHANT'S LICENSE IS REQUIRED FOR THE SALE
OF ANY MERCHANDISE.
-R-9+ l.J.ll BILLIARD OR POOL TABLES, PERSONS lfJ'~InTAININC
SIDlE FOR PROFIT DIRECTLY OR INDIRECTLY, OR THE
PROPRIETOR THEREOF, EACH TABLE...........................$ 87.50
-f-3-Gt fill BINGO............................................... EXEMPT
~ ~ BOARDINGHOUSES, AS DEFINED IN SECTION 17-1 OF THIS CODE
27
(a) FOR THE FIRST 15 ROOMS...............................$138.36
(b) FOR EACH ADDITIONAL ROOM OVER 15.....................$ 6.01
~ ~ BOAT LIVERY (REQUIRES SPECIAL APPROVALS & INSURANCE)
(a) RENTING NOT OVER 8 BOATS.............................$281.25
(b) FOR EACH ADDITIONAL 5 BOATS OR FRACTIONAL
PORTION THEREOF.......................................... $ 54.69
~ ~ BOAT OR SURFBOARD RENTALS, AS AN ACCESSORY USE
IN HOTELS OF 100 OR ImRE ROm{S, UNDER CURRENT
ZONING ORDINANCE. ORDINAnCE no. 2665. (REQUIRES
SPECIAL APPROVALS & INSURANCE)
(a) RENTING NOT OVER 8 UNITS (BOATS AND/OR
SURFBOARDS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $218 .75
(b) FOR EACH ADDITIONAL 5 UNITS (BOATS AND/OR
SURFBOARDS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54. 69
~ l1ll BOATS AND SHIPS (ALL CHARTER BOATS WILL REQUIRE
A CAPTAIN WITH APPROPRIATE MARInE LICENSES.)
(REQUIRES SPECIAL APPROVALS AND INSURANCE)
(a) STORAGE BASINS AND SHEDS.............................$468.75
(b) SIGHTSEEING OR EXCURSION.............................$468.75
(c) ANY COMMERCIAL CRAFT CARRYING PASSENGERS
FOR HIRE OR CHARTER PARTIES (NOT OTHERWISE
COVERED BY THIS SUBSECTION), PER BOAT...............$ 65.63
(d) FOR CHARTER, PER BOAT................................$ 65.63
(e) TOWING AND LIGHTERING............................... .$164.06
(f) YARDS AND WAYS, DOING REPAIR WORK....................$375.00
(g) COMMERCIAL DOCK......................................$ 96.91
(h) BOAT SLIPS........................................... $ 54.69
(i) BOAT DOCKS, PER LINEAL FOOT..........................$ 3.29
(j) BOAT DEALER (NEW)................................... .$327.50
k BOAT DEALER 281.25
1 FERRY TERMINAL....................................... 500. 00
m WATER TAXI.. EACH BOAT .............................. 468.75
28
f35t iI[l BOWLING ALLEYS, OR BOX BALL ALLEYS, PER ALLEY.......$ 54.69
~ il2l BUILDING AND LOAN ASSOCIATIONS; MORTGAGE
COMPANIES; SAVINGS AND LOAN ASSOCIATIONS;
BANKS CHARTERED BY THE STATE OF FLORIDA OR THE
UNITED STATES OF AMERICA, AND EACH BRANCH
THEREO F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5 6 2 . 50
AUTOMATIC TELLER MACHINE LOCATED OFF PREMISES........$164.06
c
~ ~ CABANAS, EACH........................................ $ 8 . 31
f3St ~ CARDROOMS, INCLUDING BUT NOT LIMITED TO BRIDGE.....$1,438.75
~ ~ CARPET AND RUG CLEANING..............................$185.94
f4-G7- 1...4.1.l CASTING OFFICE...................................... .$164.06
~ ~ ~l\~E~E~~............................................. $233.75
CATERERS OPERATING MOBILE UNIT DESIGNED AND INTENDED
SOLELY FOR THE PURPOSE OF VENDING FROM SUCH MOBILE UNIT
SANDWICHES, PASTRIES, CANDY, BEVERAGES, SOFT DRINKS AND
LIKE ITEMS, TO WORKMEN ON CONSTRUCTION SITES, CITY SHOPS
AND YARDS EACH MOBILE UNIT...............................$252.50
PROVIDED, HOWEVER, THAT NO SUCH MOBILE UNIT SHALL BE
OPERATED ON ANY CONSTRUCTION SITE UNLESS A PERMIT
THEREFOR IS SECURED FROM THE CITY MANAGER, APPLICATION
THEREFOR HAVING BEEN MADE AT LEAST FIFTEEN DAYS PRIOR
TO THE GRANTING OF SUCH PERMIT. IT IS HEREBY MADE THE
DUTY OF THE CITY MANAGER TO INVESTIGATE ALL APPLICATIONS
THEREFOR, AND THE CITY MANAGER SHALL ISSUE SUCH PERMIT
ONLY AFTER FINDING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRES THE ISSUANCE OF SUCH PERMIT, AND
29
THAT THE OPERATION OF SUCH MOBILE UNIT SHALL NOT
OBSTRUCT THE PUBLIC WAY OR CREATE ANY HAZARDOUS
CONDITION THEREON. PROVIDED, FURTHER, THAT ONLY ONE
SUCH PERMIT SHALL BE ISSUED FOR EACH CONSTRUCTION SITE.
~ ~ CHECK CASHING OFFICE................................$164.06
-f-4-3-t 1.i..2l. CHEMISTS........................................... .$164.06
-f4-4+ H.1l CHIROPODIST........................................ .$185.94
-f4-57- 1.!ll CHIROPRACTORS...................................... .$185.94
-f-4-=7+ H2l. CLERICAL OFFICE..................................... $164.06
tat iMAIL ORDER, REQUIRES BONDi.
f4&t i2Ql CLINIC, MEDICAL. DENTAL.............................$250.00
f49t ~ CLOSING-OUT SALES:
( a) ( 3 0 DAyS)............................................ $ 600 . 00
(b) ADDITIONAL 15 ~ DAY PERIODS.......................$375.00
ONCE ISE:UED, SAID LICENE:E SHALL BE COOD FOR A PERIOD OF
THIRTY ( 30) DA YS . Ml ADDITIONAL THREE HUNDRED AND
SEVENTY FIVE DOLLARS FEE SHALL BE PAID FOR AN ADDITIOnAL
FIFTEEN (15) DAY PERIOD. UPON PROOF '1'0 '1'HE SATISFAC'1'ION
OF THE CITY UANACER OR HIC DECICNEE THAT TilE LICENSEE HAC
PERU1\~NENTLY CLOSED HIS BUSINECS, AN MfOUNT NOT TO EXCEED
THREE HUNDRED DOLLARC SHALL BE REFUNDED TO THE LICENSEE.
~ .!12.ll COIN DEALER........................................ $164.06
~ i22l COIN-OPERATED MERCHANDISE OR SERVICE VENDING MACHINES,
EXCEPT MACHINES VENDING NEWSPAPERS, OR DRINKING CUPS GR
POCTACE STMIPC' NOT OTHERWISE PROVIDED FOR HEREIN:
(a) DISTRIBUTOR, COIN-OPERATED MACHINES..................$218.75
30
(b) EACH 1 CENT THROUGH 25 CENTS MACHINE.................$ 17.50
(c) EACH MACHINE 25 CENTS AND OVER.......................$ 26.25
PROVIDED, FURTHER, TW~T ANY PERSON PLACINC AND }lAINTAININC
AllY COIN OPEm~TED NEWSPAPER VEllDINC }fl"CHINE OR DEVICE nl ANY
PUBLIC PLl~CE SH~1\~LL PROCURE AND FILE WITH '1'HE CI'1'Y PWIACER OR
HIS DESICNEE A LIABILITY nISUR.''1,.NCE rOLICY nlSURINC SUCH
rERCOlI FOR INJURY TO THE PUBLIC CAUSED BY SUCH I{hCIIINES IN
THE SUM OF TEN THOUCAND DOL~S PROPERTY DMV"CE IN ANY ONE
ACCIDENT.
~ l.2.4.l COLLECTION AGENCy....................... . . . . . . . . . . . . $164.06
f46t ~ CONSULTANTS, ADVISORS AND PRACTIONERS...............$185.94
f53t i2Ql CONVENTION SERVICE BUREAU...........................$164.06
f54t L22l COUNSELOR, MARRIAGE, ETC............................$185.94
~ ~ C:C>lJRT REl?C>RTER...................................... $164.06
-f56t 12.2J.. CREDIT BUREAU....................................... $164.06
~ ~ ClJRRENCY E){CIIANC;E................................... $164.06
D
T58+ iQ1l DANCE HALLS AND BALLROOMS, PUBLIC, EACH
DANCE HALL OR BALLROOM................................... $937.50
(62) DAY CARE CENTERS AND NURSERY SCHOOLS...............$233.75
f59-t l.2.ll DENTISTS.......................................... .$185.94
31
R~~ILROAD AND OTHER SnULAR INVESTICATORS................. $185.94
f-6-l-t iMl DIETICIANS......................................... $185.94
~ 1&21 DOCTORS, PHARlq~CISTS, PHYSICIANS, ETC..............$185.94
f63+ L2Ql DOCTORS, HOSPITAL STAFF............................$100.00
~ iQ2l DOCTORS, PHARlIACISTS, PHYSICIAN'S ASSISTANTS.......$ 52.50
f65t ~ DOG GROOMING OR SMALL ANIMAL CLINIC................$185.94
E
+66t lQ2l ELECTRIC LIGHT COMPANIES.........................$7,906.00
~ i1Ql ELECTROLOGISTS (STATE LICENSE REOUIRED)............$185.94
f6&t i2ll EMPLOYMENT AGENCY, ESCORT SERVICE (BOND REQUIREDl..$164.06
(n) ESCORT CERVICE, BOND REQUIRED..................$164.06
~ l.1.ll ENGINEERS, ALL.................................... .$185.94
~ ~ ~~C;RA"~~~.......................................... $185.94
-R-1+ l.1.ll EQUIPMENT RENTAL................................... $164.06
~ ~ EXPRESS COMPANIES /PRIVATEMAIL SERVICE............$421.25
(a) CATEGORY 1 INCLUDES:...........................$325.50
1 P.O. BOX RENTALS
2 PACKING & SENDING
3 ON SITE COpy SERVICE
4 ACCESSORY FAX
5 MONEY ORDER SALES
32
6 RETAIL OFFICE SUPPLIES. PACKING MATERIAL. AND STAMPS
7 AGENT FOR MONEY BY WIRE
8 NOTARY PUBLIC
9 PASSPORT PHOTOS ONLY
(b) CATEGORY 2 INCLUDES ALL OF THE ABOVE PLUS:.....$375.75
1 ANSWERING SERVICE
2 UP TO 5 PHONES (EACH ADD $21.00)
(73) EXTEIDUUATORG, INGECT MID T1ERMIN.................. .$218.75
F
76 FAX SERVICE........................................ 185.94
AS AN ACCESSORY TO THE MAIN OCCUPATION.............$ 52.50
f+4t i21l FIRE PREVENTION SERVICE............................$164.06
-f7-5t l.1.ll FLORISTST SUBJECT '1'0 THE PROT.7ISIOnS OF CHl~~PTER
35 OF THIS CODE....................................$185.94
~ i22l FLOWER STAND, SELLING CUT OR POTTED FLOWERS OR PLANTST
SUBJECT '1'0 THE PROVISIONS OF CHAPTER 35 OF THIS CODE....$142.19
~ ~ FOOD SALES (RETAIL). EACH BUSINESS, IF ZONING PERMITS, WILL
BE ALLOWED TO SELL ANY RETAIL FOOD ITEM, HOWEVER, ALL ITEMS
WILL BE TOTALED IN THEIR INVENTORY ASSESSMENT.
igl FOR THE 1ST $1,000.00 IN INVENTORY.............$195.00
1Ql FOR EACH ADDITIONAL $1,000.00 IN INVENTORY
~() S89. 999.99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20.00
(e) FROM $90.000 TO $199.999.99 IN INVENTORY.....$2.000.00
(d) FROM $200.000 TO $499.999.99 IN INVENTORY....$3.000.00
(e) FROM $500.000 AND OVER IN INVENTORY..........$4,OOO.00
~ Jl!!]lJL FC>RMAL RENTALS.................. . . . . . . . . . . . . . . . . . . . $164 . 06
ff9T ~ FORTUNE TELLERS, PALMISTS, HYPNOTISTS, CLAIRVOYANTS,
ASTROLOGERS, PHRENOLOGISTS, PHYSIOGNOMIST, NUMEROLOGISTS,
33
MIND READERS AND OTHERS OF SIMILAR NATURE WHERE NO'1'
CnA'l'UI'l'OUC OR IN A NICHTCLUB OR AS Ml ACCESSORY
(n) TO THE l~IN BUSINEGC...............................$1,562.50
(a) WHERE NOT GRATUITOUS. NOT IN A NIGHTCLUB OR NOT ACCESSORY
TO MAIN BUSINESS. EACH INDIVIDUAL......................$1.562.50
LQl WHERE DONE GRATUITOUSLY OR WHERE DONE IN A NIGHT CLUB
OR ANY PLACE OR BUSINESS WHERE IT IS AN ACCESSORY TO THE
MAIN BUSINESS EACH INDIVIDUAL............................$375.00
PROVIDED, THAT BEFORE LICENSE IS ISSUED TO ANY PERSONS
PURSUANT TO THE FOREGOING ITEM, A REPORT MUST BE MADE BY
THE POLICE DEPARTMENT TO THE EFFECT THAT THE APPLICANT
HAS NO RECORD OR CONVICTION IN ANY CASE INVOLVING A
FELONY, AND THE APPLICATION MUST BE ACCOMPANIED BY THREE
OR MORE CHARACTER REFERENCES.
f&Gt .1!U.l FRUIT, NUT, ETC., PACKING, SHIPPING, WHETHER
OPER."lTED IN CONNECTION WITH ANY OTHER
BUSINECC OR NOT, SUBJECT TO THE PROVISIONS
OF CHAPTER 26 OF THIS eG9B CHAPTER.......................$243.75
ACCESSORY ONLy........................................... $ 52.50
+&It illl
(a)
(b)
(c)
FUEL DEALERS, BOTTLED GAS, ETC.
FUEL 0 I L DEALERS.................................... $ 281 . 25
BOTTLED GAS DEALERS.................................$138.36
W()()[) )(AR[) [)EAI.ERS................................... $109.38
~ 1.J!ll FUNERAL HOMES..................................... .$585.00
G
(83) CAR~CE PUBLIC.
.............. ................ .... .... ..... ...
.. ...................... ...... ..... ..... ......
.............. .... ..... ......... .....
IN ADDITIon, CAR"lCEG OR GERTy7ICE STATIOlIS, SELLnJC
34
ACCESSORIES REQUIRE ALSO A MERCfL"\NT'S LICENCE.
(86) GALLERY/ANTIQUE DEALER............................$ 750.00
f&4t ~ GARBAGE AND TRASH DISPOSAL CONTRACTORS.............$468.75
-f8-57- 1J!.tl GAS COMPANIES.................................... $7,906.00
+&6t ~ 1Ql GASOLINE, WHOLESALE DEALERS OR ...............$2,343.75
STORAGE OF SAME
tat 1Ql WHERE ONLY FUEL OIL NOT MORE VOLATILE THAN
DIESEL OIL AND NOT EXCEEDING 15,000 BARRELS IN
QUANTITY IS STORED, A FEE OF.....................$546.25
~ (90) (a) GOLF, PRACTICE OR DRIVING COURSES...............$ 98.44
(b) MINIATURE GOLF COURSE...........................$225.00
~ ~ c;()~~ l?~()........................................... $164.06
(92) GUARD. WATCHMAN. PATROL AGENCY......................$185.94
(FLORIDA DEPARTMENT OF STATE LICENSE REQUIRED)
H
-(-8-97- 1.2.ll HALL FOR HIRE... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $109.38
f9-9t- fi..4.l HEALERS, MAGNETIC................................. .$468.75
~ ~ IiE1\LTIi c:r.lJI3, C;)[M................................... $164.06
(A LETTER OF APPROVAL OR EXEMPTION FROM FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES REQUIRED.)
~ l2Ql HEALTH MAINTENANCE PLAN............................$164.06
35
-f9-3-t l.21l HELIPORTS.......................................... $468.75
f94t ~ HOMEOPATHIC PHYSICIANS.............................$185.94
~ ~ HOTELS CONTAINING TEN OR MORE GUEST ROOMS, FOR THE
(a) FIRST FIFTEEN ROOMS............................$144.38
(b) FOR EACH ADDITIONAL ROOM OVER FIFTEEN..........$ 12.04
~ (100) HYPNOTIST AND HYPNOTHERAPIST......................$164.06
I
(97) (101) IMMIGRATION SERVICES............................. .$164.06
~ (102) IMPORT/EXPORT DEALER...............................$164.06
-f99+ (103) INCOME TAX SERVICE................................. $164.06
AGENCY (DROP-OFF SITE ONLY) . . . . . . . . . . . . . . . . . . . . . . . . $ 52.50
(100) (104) INSTALLERS, FLOOR COVERING, CARPET, TILES,
GLASS, ETC........................................ .$164.06
INSURANCE AGENCY... S.R. ..........................164.06
(101) (106) INSURANCE COMPANIES. FOR THE PURPOSE OF
TAXATION UNDER THIS CHAPTER, INSURANCE
COMPANIES ARE CLASSIFIED, DEFINED AND
ASSESSED AS FOLLOWS:
CLASSIFIED AND DEFINED
1. CASUALTY AND LIABILITY INSURANCE COMPANIES, INCLUDING BONDING
COMPANIES, WRITING:
(a) ACCIDENT AND HEALTH INSURANCE ONLY ON AN ANNUAL,
36
SEMIANNUAL OR QUARTERLY PREMIUM PAYING BASIS; AND
(b) BONDS, INCLUDING FIDELITY, COURT, CONTRACT AND SURETY
BONDS AND FINANCIAL GUARANTEES AND TITLE INSURANCE GUARANTEES;
(c) BURGLARY INSURANCE, INCLUDING RESIDENCE, BANK, STOCKS,
BONDS AND SECURITIES, SAFE BURGLARY, HOLD-UP AND MESSENGER ROBBERY;
(d) LIABILITY INSURANCE, INCLUDING EMPLOYERS, PUBLIC AND
OTHER FORMS OF LIABILITY INSURANCE AND AUTOMOBILE LIABILITY FOR PERSONAL
INJURY, PROPERTY DAMAGE AND COLLISIONS;
(e) PLATE GLASS INSURANCE;
(f) WORKMAN'S COLLECTIVE INSURANCE ISSUED TO EMPLOYERS OF
LABOR.
2. FIRE INSURANCE COMPANIES WRITING POLICIES OF INSURANCE AGAINST
HAZARDS OF FIRE, TORNADO AND WINDSTORMS, USE AND OCCUPANCY, PROFITS,
RENTS, LEASE-HOLD, INSURRECTION, RIOT AND CIVIL COMMOTION, SPRINKLER
LEAKAGE, RAIN, FIRE, THEFT, AUTOMOBILE COLLISION; MARINE CARGOES, HULLS
AND RAILS; MAIL AND EXPRESS SHIPMENTS, AGAINST FIRE, COLLISION,
STRANDING OR SINKING.
3. INDUSTRIAL INSURANCE COMPANIES, INCLUDING FUNERAL BENEFIT
ASSOCIATIONS OR COMPANIES, WRITING LIFE OR ACCIDENT AND HEALTH INSURANCE
AND FUNERAL BENEFITS ON A WEEKLY, BI-MONTHLY OR MONTHLY PREMIUM PAYING
BASIS.
4. LIFE INSURANCE COMPANIES WRITING LIFE INSURANCE WITH OR
WITHOUT DISABILITY CLAUSES OR ACCIDENT AND HEALTH FEATURES AS PART OF
THE POLICY CONTRACT UPON AN ANNUAL, SEMIANNUAL OR QUARTERANNUAL PREMIUM
PAYING BASIS.
LICENSE TO BE PAID BY INSURANCE COMPANIES.
THE FOLLOWING LICENSES SHALL BE REQUIRED TO BE PAID BY EACH INSURANCE
COMPANY IN THE CITY, PERMITTING THE OPERATION OF SUCH COMPANY IN THE
CITY WITH ANY DULY LICENSED INSURANCE AGENCY AS PROVIDED HEREIN;
PROVIDED, THERE SHALL BE KEPT ON DISPLAY IN A CONSPICUOUS PLACE AT SUCH
AGENCY A PERMIT EXECUTED BY THE CITY MANAGER OR HIS DESIGNEE PERMITTING
THE OPERATION OF SUCH COMPANY THROUGH SUCH AGENCY; AND PROVIDED FURTHER,
THAT SUCH PERMITS AS MAY BE REQUESTED BY A DULY LICENSED INSURANCE
37
COMPANY SHALL BE FURNISHED BY THE CITY MANAGER OR HIS DESIGNEE WITHOUT
ADDITIONAL COST TO SUCH COMPANY; A SEPARATE LICENSE TO BE REQUIRED FOR
EACH SEPARATE CLASS OF INSURANCE AS DEFINED HEREIN AS FOLLOWS:
1. CASUALTY AND LIABILITY INSURANCE
COMPANIES, EACH COMPANY..........................$236.25
2. FIRE INSURANCE COMPANIES, EACH COMPANY...........$236.25
3. INDUSTRIAL INSURANCE COMPANIES AND FUNERAL
BENEFIT ASSOCIATIONS OR COMPANIES,
EACH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 236 . 25
4. LIFE INSURANCE COMPANIES, EACH COMPANY...........$236.25
(102) (107) INSURANCE ADJUSTOR................................$164.06
(103) (108) INTERIOR DECORATORS, WHOSE BUSINESS IS
CONFINED TO FURNISHING CURTAINS, DRAPERIES,
HANGINGS, FURNITURE, ETC., EXCLUSIVELY............$185.94
(104) (109) INVESTMENT COUNSELOR............................. .$164.06
J
(105) (110) JANITORIAL AND MAID SERVICE (BOND REQUIRED).......$185.94
(106) (111) JEWELERS, SHALL BE REQUIRED TO PAY MERCHANT'S
LICENSE TAX DETERMINED AS FOLLOWS:
(a) WHEN THE MAXIMUM VALUE OF STOCK OF
GOODS CARRIED DOES NOT EXCEED $1,000.00...........$109.38
(b) EACH ADDITIONAL $1,000.00 OR FRACTIONAL
PART THEREOF UP TO $99.999.99 IN INVENTORY........$ 15.31
(e) FROM $100.000 TO $199.999.99 IN INVENTORY...$2.000.00
Cd) FROM $200.000 TO $499.999.99 IN INVENTORY...$3.000.00
(e) FROM $500.000 AND OVER IN INVENTORY.........$4.000.00
38
K
(107) (112) KEY MACHINE.......................................$ 25.00
(108) (113) KOSHER PRODUCTS.................................. .$215.00
FOOD PRODUCTS, BEVERAGES OR MERCHANDISE WHICH IS
LABELED KOSHER; OR HELD OUT TO BE, SUBJECT TO
INSPECTION BY THE CITY. THIS LICENSE IS IN ADDITION
TO ANY OTHER LICENSE REQUIRED BY SEC. 20 OF THE CITY
CODE. THIS CHAPTER.
L
(109) (114) LABORATORY, CHEMICAL, DENTAL, OPTICAL OR
X-RAY, ETC........................................ $ 218 . 75
(110) (115) LABORATORY TECHNICIANS INCLUDING THE
TAKING OF BLOOD PRESSURE..........................$185.94
(111) (116) LAND DEVELOPING COMPANIES.......................$1,015.00
(112) (117) LANDSCAPE ARCHITECTS, LANDSCAPE CONTRACTORS
()R NURSERY l1EN.................................... $185.94
(113) (118) LANDSCAPE MAINTENANCE.............................$ 43.75
(114) (119) LAUNDRY AND DRY CLEANING
(a) LAUNDRY AND/OR DRY CLEANING BUSINESS WHERE LAUNDRY
AND/OR DRY CLEANING IS DONE ON PREMISES, EACH........$281.25
(b) LAUNDRY AND/OR DRY CLEANING AGENCY WHERE LAUNDRY AND/OR
DRY CLEANING IS DONE OFF THE PREMISES, EACH..........$ 87.50
(c) DRY CLEANINC BusnlESS WHERE DRY CLEANnlC
IS DONE ON PREMISES, EACH............................$185.94
(d) DRY CLEANINC ACENCY WHERE DRY CLEANINC
IC DONE OFF TilE PRE~UCES, EACH.......................$ 87.50
39
feto lQl COIN-OPERATED LAUNDRY BUSINESS LOCATION,
EACH (INCLUDES ACCESSORY FOLDING AND HAND IRONING)...$185.94
ffto iQl COIN-OPERATED LAUNDRY EQUIPMENT
DISTRIBUTOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $218.75
( 1). EACH MACHINE................................. . . . $ 4 . 70
fhTo 19l COIN-OPERATED LAUNDRY EQUIPMENT NOT
LICENSED BY ONE OF ABOVE LISTINGS. EACH MACHINE......$ 4.70
( 1). EACH ~lhCHINE.................................... I> 4 . 70
(115) (120) LOCKSMITH........................................ .$185.94
(116) (121) LUMBER OR BUILDING MATERIAL DEALERS, OR BOTH......$281.25
M
(117) (122) MANUFACTURERS, ALL PRODUCTS.......................$218.75
TO INCLUDE ANY ASSEMBLING OR PROCESSING OPERATION OTHERWISE
MENTIONED IN THIS SECTION.
(118) (123) MANUFACTURER'S REPRESENTATIVE.....................$164.06
(119) (124) MACHINES AND GAMES, MECHANICAL PHONOGRAPHS, CONSOLES,
JUKE BOXES, PICTURE-TAKING, RECORD-MAKING, OR OTHER
SIMILAR MACHINES:
(a) THE APPLICANT DESIRINC TO CELL, LEASE OR RENT ONE
OR ~mRE CAUE Ul'~CHnIEG, SHUFFLEBOARDS, BOWLINC ALLEYS,
AUTOUhTIC COIN CM1E, UECHMlICAL PHONOCR1\~PHS, CONSOLES,
JUKE BOXEC, PICTURE TAKINC, RECORD ~{l~KnIC OR DEVICEE:
OF SKILL OR OTHER SHULAR P4:ACHINEC OR CA1~ES OPERATED
FOR PROFIT ALONE OR IN CONNECTION WITH ANY OTHER
BusnlESS SHALL FILE WITH THE LICENSE DIVISION, IN
PERSON IF A llATURAL PERSON, OR BY DULY AUTHORIZED
ACENT OR OFFICER OF THE FIll! OR CORPORATION ."l WRITTEN
APPLICATION FOR A LICENSE '1'0 DO BUSINESS nl THE CITY.
SUCH LICENSE WHEN ISSUED SHALL ENTITLE THE APPLICANT
40
'1'0 ENCACE IN THE CELLINC, LEASnIC, OR RENTINC OF ONE
OR "ORE }1l'~CHINEC, CM~ES OR DEVICES AS ABOVE DESCRIBED
ALONE OR IN CmmECTIO:n WITH MIY OTHER BUSINESS UPON THE
PAYlfENT OF ~~~ DISTRIBUTOR LICENSE FEE OF.............. $600.00
(b) nl ADDITION '1'0 THE FORECOINC, THERE SH}~LL
BE n1POSED upon THE ABOYE LISTED Pll~CHnlEC OR
CMfES OPER"lTED FOR PROFIT, SOLD, LEhSED OR
RENTED AS AFORESAID, A LICENSE FEE PER EACH
MACHINE GF........................... . . . . . . . . . . . . . . . . $ 75. 00
fet FOR OPER"lTINC DEVICE OF CKILL OR ANY OTHER
snHLl~R ~"lCHnIE OR CM~E OPER~~TED FOR rROFIT WHERE
THE OPER~~TOR THEREOF IC NOT ENCACED IN THE BUSINESS
OF SELLnlC, LEASINC OR RENTnlC M1Y OF SUCH INCTRmfENTS,
DEVICES OR UACHnlES AND WHERE THE OPER1\~TOR OF SUCH
nISTRill1EnT, DEVICE OR IIl'~CHINE IS THE OWNER THEREOF,
THERE SHALL BE PAID FOR EACH lV~CHINE A LICENSE FEE
['En If1\CHIllE OF ...................................... $ 75. 00
CM1E }IACHINES OF ALL KINDS WHERE OPERATED DIRECTLY
OR INDIRECTLY FOR A PROFIT, INCLUDnlC ALL '1'YPES OF
}V~CHINES, ELECTRONICALLY OR ~~NUALLY OPERATED.
PROVIDED THAT EACH P{},~CHINE lfUCT HAVE PLACED on IT
AN OFFICIAL MIMU BEACH STICKER, WHICH WILL EXPIRE
ON THE THIRTIETH DAY OF SEPTEUBER EACH YEAR. IT
WILL BE THE RESPONSIBILI'1'Y OF ALL LICENSEES ON WHOSE
PREUISES A CM~E }IACHINE IS LOCATED TO INSURE TH.~~T ALL
UACHINES ARE PROPERLY LICENSED. IN THE EVENT T~"lT
smfEONE OTHER THAn THE OWNER OF THE PRE~USES OWNS THE
P1ACHINE AND FAILS TO PAY A LICENSE FEE THE OWNER OF
THE PRE}USES WILL BE LIABLE '1'0 PAY THE ABOVE P1ENTIONED
LICENSE FEE FOR SAID lIACHINE. IN THE EVENT A ~'\CHINE
OWNER FAILS TO OBTAIN A LICENSE I A VIOLl~TION WILL BE
ISSUED rRO~JIDINC 30 DAYS WITHIN WHICH TO CORRECT THE
~ffi'1'TER. FAILURE TO DO SO }IAY RESULT In THE
CONFISCATION OF THE PffiCHINE OR MACHINES BY THE
CITY UhNACER OR HIS DESICNEE. THE PROVISIONS
41
HEREOF SHALL NOT BE CONS'1'RUED '1'0 LICENSE OR
PEillUT THE OPER."lT I 011 OF CM1BLlnC DEVICES.
(120) (125) MARINE APPRAISER, SURVEYOR, TESTING...............$164.06
(121) (126) MASSAGE CLINICS... S.R. .......................... 164.06
PffiSSEURS MASSAGE THERAPIST........................$ 32.81
(122) (127) MERCHANTS, ALL PERSONS ENGAGED IN THE BUSINESS
OF SELLING MERCHANDISE OF ANY KIND, SORT OR
DESCRIPTION, EXCEPT AS OTHERWISE SPECIFICALLY
PROVIDED BY THIS SECTION, SHALL BE REQUIRED TO
PAY A MERCHANT'S LICENSE TAX. DETERMINED AS
FOLLOWS:
(a) FIRST $1,000.00 VALUE OF STOCK OF GOODS
OR FRACTION THEREOF.................................. $109.38
(b) FOR EACH ADDITIONAL $1,000.00 VALUE OF
STOCK OF GOODS OR FRACTIONAL PART THEREOF
UP TO $ 9 9 . 9 9 9 . 9 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15. 3 1
(e) FROM $100.000 TO $199.999.99 VALUE OF STOCK OF
GOO D S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 2 . 000 . 00
(d) FROM $200.000 TO $499.999.99 VALUE OF STOCK OF
GOO 0 s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3 . 00 0 . 0 0
(e) FROM $500.000 AND OVER VALUE OF STOCK OF
GOO 0 S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 4 . 000 . 00
(123) (128) MESSENGER SERVICE, EXCLUSIVE OF TELEGRAMS.........$ 87.50
(124) (129) MODEL AGENCY & TALENT AGENCIES (STATE LICENSE
REQUIRED) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $164 . 06
(125) (130) MONEY BROKER..................................... .$164.06
(125.1) (131) MONEY ORDER AGENCIES.............................$ 54.69
42
(126) (132) MONOGRAM AND SILKSCREEN, RETAIL...................$164.06
(133) MORTGAGE BROKER. ALL FIRMS.......................$164.06
(a) EACH BROKER CONNECTED THEREWITH..............$164.06
(b) EACH SALESMAN CONNECTED THEREWITH............$ 65.63
(S.R. )
(127) (134) MOTION PICTURE RENTAL AGENCY......................$375.00
(128) (135) MOTOR SCOOTER RENTAL AGENCY FOR: (INSURANCE REQUIRED)
(a) THE FIRST 20 VEHICLES...........................$281.25
(b) EACH ADDITIONAL VEHICLE OVER 20.................$ 16.41
PROVIDED, THAT SUCH ACENCY SHALL BE LOCATED IN
SUCH USE DISTRICTS AS PRO
VIDED BY ZONINC ORDINANCE NO. 1891,
AND PROVIDED THAT ALL rmTOR GCOOTERS
CHALL BE CTORED IN LOCKED MID ROOFED
IN FACILITIES; AND FURTHER PROVIDED
THAT ALL UOTOR SCOOTERS SHALL BE
SUBJECT '1'0 THE nl8Um~NCE REQUIREP~ENTS
PROVIDED FOR RENTED AUTmmBILES.
UNDER SECTION 42 22.
(129) (136) MOVING PICTURE SHOWS, ONE SCREEN..................$937.50
-fl7T EACH ADDITIONAL SCREEN......................... .$100.00
N
(130) (137)
NAPRAPATHS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $185.94
(131) (138)
NATUROPATHS.................................... .$185.94
(132) (139)
NEWSSTAND-SIDEWALK..............................$ 54.69
(133) (140)
NEWSPAPERS OR PERIODICALS.......................$150.00
43
NEWS DEPOT...................................... $ 41. 56
[CITY CLERK'S NOTE: NUMBER 141 WAS OMITTED]
(134) (142)
NURSES REGISTERED, LICENSED PRACTICAL...........$164.06
(135) (143)
NURSES, HOSPITAL STAFF..........................$ 52.50
(136) (144)
NURSING HOMES AND PRIVATE HOSPITALS.............$781.25
o
(137) (145) OCEANOGRAPHIC RESEARCH.......................... .$164.06
(138) (146) OFFICE, OTHER THAN LISTED.........................$164.06
(139) (147) OPTICIANS........................................ .$185.94
fat OPTICIANS WHO SELL GLASSES OR OTHER OPTICAL
AIDS OR ANY OTHER TYPE OF MERCHANDISE SHALL ALSO BE
REQUIRED TO OBTAIN A MERCHANTS LICENSE.
(140) (148) OPTOMETRISTS..................................... .$185.94
fat OPTOMETRISTS WHO SELL GLASSES OR OTHER
OPTICAL AIDS OR ANY OTHER TYPE OF MERCHANDISE
SHALL ALSO BE REQUIRED TO OBTAIN A MERCHANTS LICENSE.
(141) (149) ORTHODONTISTS.................................... .$185.94
(142) (150) OSTEOPATHS....................................... .$185.94
p
(143) (151) PAINT TESTING.................................... .$164.06
( 14 4 ) ( 152 ) PAP ER HANG ER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $164 . 0 6
44
(145) (153) PARKING LOTS..................................... .$185.94
( 14 6 ) ( 154 ) PARTY PLANNER..................................... $164 . 06
( 14 7 ) ( 15 5 ) PATH 0 LOG 1ST, ALL.................................. $18 5 . 9 4
(148) (156) PAWNBROKERS.....................................
tat PAWNBROKERS SELLING OTHER THAN ARTICLES
TAKEN ON PLEDGE MUST TAKE OUT A REGULAR
MERCHANT'S LICENSE. EACH PERCON ENCACED IN
THE BUSINESS OF A PAWNBROKER OR CONDUCTINC A
PAWNBROKINC CIIOP IN THE CITY CHALL KEEP A
RECORD AND UPON DE~{AND SH!'~LL }VJ<E A REPORT TO
THE CHIEF OF POLICE OR illS REPRESENTATI"IE OF
EVERY ARTICLE OR THINe PAWNED '1'0 OR PURCa~SED
BY Hni OR THE}i. SUCH RECORD AND REPORT SHALL
SPECIFY THE ARTICLE OR THINC, SUCH AG NUMBER,
PffiRK AND ALL OTHER SUCH DETAILS AC WILL P{AXE
IDENTIFICATION OF CUCH ARTICLE OR SUCH ARTICLES
OR THINCS, CLEAR AND POSITIVE; SUCH PERSml
AFORESAID SHALL HOLD IIIS SHOP OPEn '1'0 VISI'1'ATION
OR INGPECTIOPI BY TilE POLICE, AND UPON REFUSAL OF
ANY PAWNBROKER AT ANY THiE '1'0 SUB~UT TO CUCH
VISITATION OR INSPECTION, HIS SHOP GHALL BE
nn1EDIATELY CLOSED BY ORDER OF TilE CITY PWIACER
OR HIS DESICNEE. ALL LICENSES ISSUED '1'0 PAWNBROKERS ARE
SUBJECT TO THECE PROVISIONC, ANY VIOLATIOn OF WHICH WILL
BE PUNISHED BY A REVOCATION OF THEIR LICENSE; MID NO
LICENSE ISSUED TO PAWNBROKERS SHALL BE TRANSFERRED FROM
THE PERSON TO WHOM IT WAS ISSUED.
(b) PAWNBROKERS SELLINC ARTICLES TAKEN ON PLEDCE, IN
ADDITION '1'0 HIS RECULl~R UERCa~~NT'S LICENCE....... .$781.25
(157) PEST CONTROL.. (STATE LICENSE REOUIRED)............$218.75
45
(158) PHARMACY...... (STATE LICENSE REQUIRED)............$250.00
MERCHANTS LICENSE REQUIRED FOR ALL RETAIL SALES
(149) (159) PHILATELIST...................................... .$164.06
(150) (160) PHLEBOTOMIST......................................$164.06
(151) (161) PHOTOCR"lPHERS, PHOTOGRAPHY.
NOT ITINER1\~NT, INCLUDnlC DEVELOpnlC AND
PRINTINC OR ACENCIES FOR SM~E OR BOTH..........$185.94
(n) .~.CENCIES, WHERE DEVELopnlC AND PRInTINC
ARE DONE OFF PREMISES......................... .$109.38
(a) STUDIO OR OFFICE (MAY INCLUDE ON-SITE DEVELOPING
AND PRINTING .............................. 185.94
(b) FILM DEVELOPING AND PRINTING ON-SITE........$185.94
(e) FILM DEVELOPING AGENCY (DROP-OFF ONLY - DEVELOPING
AND PRINTING DONE OFF PREMISES)............$109.38
(152) (162) PHYSICAL CULTURE DIRECTORS........................$185.94
(153) (163) PHySIOTHERAPISTS................................. .$185.94
(154) (164) PICTURE FRAMING................................... $ 87.50
(155) (165) PODIATRIST........................................$185.94
(166) POST BOX RENTALS................................. .$164.06
(181) (167) POSTAGE STAMP SALES STM~P ~V~CHINE DEALER
~ STAMP MACHINE DISTRIBUTOR.......................$164.06
.!..Q.h EACH MACHINE.................................... $ 10. 00
~ RETAIL SALE OF POSTAGE STAMPS (SEE MERCHANT RETAIL)
(156) (168) PRINTING AND COPY SERVICE.........................$150.00
AS AN ACCESSORY TO THE MAIN OCCUPATION............$ 52.50
46
(169) PRIVATE INVESTIGATIVE AGENCY......................$185.94
(FLORIDA DEPARTMENT OF STATE LICENSE REOUIRED)
(157) (170) PRIVATE SCHOOLS, NURSERIEC, DAY CARE
CEnTERS, SCHOOLS, TUTORIAL SERVICES,
COLLEGES, OR OTHER EDUCATIONAL OR TRAINING
INSTITUTIONS OPERATED FOR PROFIT. FOR EACH
PLACE OF BUSINESS................................. $233.75
(158) (171) PROCESS SERVICE.................................. .$164.06
(172) PRODUCTION COMPANY................................$164.06
(173) PROFESSIONAL ASSOCIATION/PROFESSIONAL
CORPORATION....................................... 185.94
(159) (174) PROPERTY MANAGEMENT, OR THE BUSINESS OR
SERVICE OF OPENING AND CLOSING OF HOMES,
OR BOTH.......................................... $18 5 . 9 4
(160) (175) PUBLIC RELATIONS................................. .$164.06
(161) (176) PUBLISHER.........................................$164.06
R
(162) (177) RACING INFORMATION (TIP SHEETS)...................$576.25
(178) REAL ESTATE BROKERAGE FIRMS....(S.R.).............$164.06
igl EACH BROKER CONNECTED THEREWITH...............$164.06
iQl EACH SALESPERSON CONNECTED THEREWITH..........$ 65.63
(163) (179) REPAIR SHOPS, INCLUDING UPHOLSTERING, FURNITURE
REPAIRING, KNIFE AND LAWN MOWER SHARPENING,
REFRIGERATOR, ETC., FOR EACH PLACE OF
47
BUSINESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $185.94
(164) (180) RESTAURANTS, DRUGSTORES OR OTHER ESTABLISH-
MENTS SERVING FOOD, PERMITTING THE OPERATION
OF CAFE, CAFETERIA, PUBLIC DINING ROOM, TEA
ROOM OR RESTAURANT TAKE-OUT WITH CHAIRS OR
STOOLS, EACH TO COUNT AS ONE SEAT:
(a) NO CHAIRS..................................... .$108.29
(b) PER CHAIR, 1 TO 800 SEATS.......................$ 7.11
(c) EACH ADDITIONAL CHAIR OVER 800..................$ 6.01
(165) (181) RINK, SKATING, BICYCLE OR OTHERS, OWNERS OR
PERSONS MAINTAINING SAME, SUBJECT TO SPECIAL
PERMISSION FROM THE CITY COMMISSION...............$109.38
(166) (182) ROOMING HOUSES OR LODGING HOUSES IN WHICH
THERE ARE MORE THAN THREE BEDS FOR THE USE
OF LODGERS OR ROOMERS, OR IN WHICH MORE THAN
SIX PAYING GUESTS ARE ALLOWED TO SLEEP:
(a) FOR THE FIRST TWENTY ROOMS...................$138.36
(b) FOR EACH ADDITIONAL ROOM OVER TWENTY.........$ 4.81
ANY APARTMENT HOUSE, HOTEL OR ANY OTHER PLACE
SERVING MEALS OR FOOD OTHER THAN A BOARDINGHOUSE,
REQUIRES A RESTAURANT LICENSE. (SEE RESTAURANTS,
DRUGSTORES OR OTHER ESTABLISHMENTS.) (S.R.)
s
(167) (183) SAIL MAKER................. . . . . . . . . . . . . . . . . . . . . . . . $164.06
(168) (184) SALES OFFICE, DEVELOPERS. TEMPORARYT AT CONSTRUCTION
SITEG (SUBJECT TO THE APPROVAL OF THE CITY
'~NAC En) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 218 . 75
(169) (185) SANITARIUM OR INSTITUTION OF LIKE CHARACTER:
48
(SEE HOSPITALS AND NURSING HOMES.) ................$781.25
(170) (186) SECONDHAND DEALERS:
(a) IN GOODS OTHER THAN WEARING APPAREL..........$281.25
(b) IN WEARING APPAREL.......................... .$320.00
( c) IN CARS...................................... $ 2 81 . 25
(d) IN BOATS.................................... .$281.25
(181) STAUP l{hCHINE DEALER............................. .$164.06
(171) (187) SERVICE STATIONS:
(a) FIRST PUMP.................................. .$109.38
(b) EACH ADDITIONAL PUMP.........................$ 43.75
ALL PERSONS ENGAGED IN THE BUSINESS OF SELLING
MERCHANDISE OF ANY KIND, SORT OR DESCRIPTION,
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED BY
THIS SECTION, SHALL BE REQUIRED TO PAY A MERCHANTS
LICENSE TAX.
(173) (189) SHOE SHINE STAND, EACH CHAIR......................$ 8.75
(174) (190) SIGHTSEEING BUSES, EACH BUS.......................$468.75
(176) (192) SOCIOLOGIST OR MARRIAGE COUNSELOR.................$185.94
49
(177) (193) SODA FOUNTAINS/ICE CREAM PARLOR:
PROVIDED THAT SODA FOUNTAINS OPERATED IN
CONNECTION WITH REGULARLY LICENSED DRUCSTORE,
RESTAURANTS OR CONFECTIONERY STORE DO NOT REQUIRE
AN ADDITIONAL A LICENSE. THIS LICENSE IS RESTRICTED
TO SODA, FROZEN YOGURT AND ICE CREAM PRODUCTS. ANY
OTHER ITEM, SUCH AS SANDWICHES, HOT DOGS, PASTRY, ETC.,
WILL REQUIRE A RESTAURANT LICENSE...(S.R.)........$109.38
(178) (194) SOLARIUM......................................... .$185.94
(179) (195) SOUND OPERATOR....................................$164.06
(180) (196) SOUND RECORDING STUDIO............................$281.25
(182) (197) STEAMSHIP AGENCy................................. .$164.06
(183) (198) STOCK BROKERS (FULL SERVICE)....................$1,171.25
EACH SALESMAN CONNECTED THEREWITH....................$ 65.63
INTRODUCING BROKERS:
(a) EMPLOYING FIVE PERSONS OR LESS..................$ 93.75
(b) EMPLOYING MORE THAN FIVE AND NOT OVER FIFTEEN
PERSONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $187 . 50
(c) EMPLOYING MORE THAN FIFTEEN PERSONS AND NOT
OVER TWENTY PERSONS..................................$281.25
(184) (199) SWIMMING POOLS (CONCESSIONS)......................$185.94
T
(185) (200) TAILOR/ALTERATIONS, EACH SHOP.....................$142.19
AS AN ACCESSORY TO THE MAIN OCCUPATION............$ 65.63
(201) TALENT/MODELING AGENCY (STATE LICENSE REOUIRED)...$164.06
50
(186) (202) TAX COLLECTION AGENCIES, INCLUDES AUTO TAGS,
DRIVERS LICENSES, HUNTING AND FISHING LICENSES,
BOAT REGISTRATION, ETC........................... .$185.94
AS AN ACCESSORY TO THE MAIN OCCUPATION............$ 52.50
(187) (203) TAXIDERMIST...................................... .$185.94
(188) (204) TELEGRAPH COMPANIES............................ .$1,015.00
(MONEY BY PHONE OR WIRE)
(;1) FAX SERVICE.................................. .$185.94
(189) (205) TELEPHONE ANSWERING SERVICE.......................$164.06
(190) (206) TELEPHONE DISTRIBUTOR.............................$218.75
EA<:fI TELEl?fI()NE.................................... $ 21.00
(191) (207) TELEPHONE SALES OFFICE............................$164.06
ALL PERSONS ENGAGED IN THE BUSINESS OF SELLING
MERCHANDISE OF ANY KIND, SORT OR DESCRIPTION,
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED BY
THIS SECTION, SHALL ALSO BE REQUIRED TO PAY A
MERCHANTS LICENSE TAX.
(192) (208) TELEVISION RENTAL.................................$164.06
(193) (209) TENNIS COURT..................................... .$164.06
(194) (210) TENNIS PRO........................................$164.06
(195) (211) THEATERS....FROM 0 TO 49 SEATS....................$450.00
50 SEATS AND OVER................................ .$937.50
(196) THEATRICAL OR DIL'\Ul'.TIC TROUPEC OR cmfPANIEC
FOR PROFIT WHERE rERFOill1MlCE IE; :NOT CI"IEN In
A LOCAL LICENSED THEATER, EACH PERFO~"lNCE...........$ 87.50
51
(197) (212) THEATRICAL PERFORMANCE, WHOLLY FOR BENEVOLENT
OR CHARITABLE PURPOSES, NO LICENSE REQUIRED........EXEMPT
(198) (213) THEATRICAL PRODUCER...............................$164.06
(199) (214) THERAPIST......................................... $185.94
(200) (215) TICKET OFFICE.....................................$164.06
(201) (216) TOWEL AND LINEN SUPPLY SERVICET NO'!' INCLUDINC
cmD~ERCIAL UUNDRY WORK, FOR El'~CH PERCON
DELIT,,7ERIlIC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $185.94
(202) (217) TOW TRUCK ASSOCIATED WITH:
(a) SERVICE STATION, EACH.......................... .$150.00
(b) WRECKER OR TOWING SERVICE, EACH.................$150.00
(203) (218) TRANSPORTATION SERVICE (INSURANCE REOUIRED).......$185.94
INCLUDING BUT NOT LIMITED TO; VANS, CARS,
RICKSHAWS, HORSE AND BUGGY, ETC., EACH
VEHI CLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150 . 00
(204) (219) TRAVEL BUREAUS/TOUR OPERATORS.. (S.R.) .............$164.06
(205) (220) TYPING, WORDPROCESSING, RESUME, LETTER WRITING
S ERVI CE .......................................... $164 . 06
AGENCY (WORK DONE OFF PREMISES)...................$ 52.50
u
(206) (221) UPHOLSTERING (SEE REPAIR SHOPS.)
(207) (222) USHERING SERVICE................................. .$164.06
v
52
(208) (223) VALET PARKING AT HOTELS, APARTMENT HOUSES,
RESTAURANTS, BARS, ETC., EACH LOCATION
INSURANCE REQUIRED............................... $218 . 75
(209) (224) VETERINARIAN OR VETERINARY SURGEON................$185.94
(210) (225) VIDEO COPY SERVICE................................$164.06
(211) (226) VIDEO TAPE RENTAL, EACH LOCATION..................$150.00
(INCLUDES ACCESSORY RENTAL OF TAPE PLAYERS AND CAMCORDERS)
TAPE RENTAL AS AN ACCESSORY TO MAIN OCCUPATION....$ 52.50
w
(212) (227) WAREHOUSE OR STORAGE YARD.........................$281.25
(213) (228) WHOLESALE DEALERS.................................$281.25
(214) (229) WINDOW CLEANERS AND JANITOR SERVICE
BOND REQUIRED.................................... $185.94
(215) (230) WRECKER SERVICE.................................. .$164.06
EACH TOW TRUCK..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00
(CODE 1950,S17 16; ORD. NO. 1026,Sl; ORD. :NO. 1107,S23; ORD. NO
1123,Sl,2; ORD. NO. 1141,S2,3; ORD. NO. 1223,Sl; ORD. NO. 1227,Sl; ORD.
NO. 1267,S3; ORD. NO. 1311,Sll,12; ORD. NO. 1325,Sl; ORD. NO. 1333,Sl;
ORD. NO. 1371,S1; ORD. NO. 1402,S1; ORD. NO. 1409,S11 ORD. NO. lS20,S11
ORD. NO. 1529,Sl; ORD. NO. 1530,Sl; ORD. NO. 1548,Sl; ORD. NO. 1549,Sl;
ORD. NO. 1566,Slj ORD. NO. 1588,Sl; ORD. NO. 1600,Sl; ORD. NO. 1609,Sl;
ORD. NO. 1623,Sl; ORD. NO. 1630,Sl; ORD. no. 1668,Sl; ORD. no. 1672,Sl;
ORD. NO. 1673,Sl; ORD. NO. 1674,Sl; ORD. NO. 1717,Sl; ORD. NO. 1786,Sl
'1'0 21j ORD. NO. 1801,Slj ORD. no. 1815,Sl; ORD. NO. 1909,Sl; ORD. NO.
1927,Slj ORD. NO. 74 2021,Slj ORD. no. 76 2057,Sl; ORD. NO. 76
53
2081,Sl,2; ORD. NO. 772086,Sl; ORD. NO. 772101,Sl; ORD. NO. 80
2224,S5; ORD. NO. 81 2245,Sl,2; ORD. no. 82 2316,Sl; ORD. NO. 82
2334, S2; ORD. NO. 82 2339, S2; 000. NO. 83 2353, Sl; ORD. NO. 82 2327,
ORD. no. 85 2497).
SEC. 20-12. FEES FOR ALL OTHER BUSINESSES.
A CITY LICENSE FEE, EQUAL In AMOUNT 'PO THE LICENSE FEE OR TAX Il1POSED
BY TIlE DADE COmITY CODE, IN THE AMOUNT OF $164.06 FOR GENERAL
BUSINESS/OFFICE USES AND $281.25 FOR HEAVY/INDUSTRIAL USES. IS HEREBY
LEVIED AND IMPOSED UPON ALL BUSINESSES OPERATING WITHIN THE CITY OF
MIAMI BEACH WHICH ARE NOT SPECIFICALLY NAMED OR ENUMERATED BY THIS
ARTICLET UNTIL SUCH TIME AS THEY ARE SPECIFICALLY NAMED OR ENUMERATED.
D. ADDITIONAL BUSINESS RECULATIOnS MID FEES.
ARTICLE II SPECIAL REGULATIONS.
SEC. 20 20. SEC. 20-13. INVESTIGATION TO DETERMINE COMPLIANCE WITH
CHAPTER.
THE CITY MANAGER OR HIS DESIGNEE MAY INVESTIGATE PERSONS ENGAGED IN ANY
BUSINESS ENCOMPASSED BY THIS ARTICLE AND MAKE SUCH INQUIRY AS SHALL BE
NECESSARY TO DETERMINE WHETHER OR NOT SUCH PERSONS HAVE PROCURED A
LICENSE AS REQUIRED BY THIS ARTICLE, OR ENGAGED IN CONDUCT WHICH
VIOLATES THIS CHAPTER.
SEC. 20 21. SEC. 20-14. PENALTY FOR LATE PAYMENT.
~ ANY PERSON ENGAGING IN ANY BUSINESS WITHOUT OBTAINING A VALID LICENSE
UNDER THIS ARTICLE SHALL BE SUBJECT TO A PENALTY OF TWICE THE APPLICABLE
LICENSE FEE IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS CHAPTER OR
ANY OTHER LAW.
~ ALL LICENSE RENEWAL FEES ARE DUE AND PAYABLE ON OCTOBER 1 OF EACH
YEAR. ANY PERSON FAILING TO TIMELY APPLY FOR THE ANNUAL RENEWAL OF A
54
LICENSE UNDER THIS ARTICLE MAY BE ISSUED A LICENSE ONLY UPON PAYMENT OF
A DELINQUENCY PENALTY OF TEN PERCENT FOR THE MONTH OF OCTOBER OR PORTION
THEREOF AND AN ADDITIONAL FIVE PERCENT FOR EACH MONTH OF DELINQUENCY
THEREAFTER OR PORTION THEREOF UNTIL PAID. PAYMENTS MUST BE RECEIVED BY
THE LICENSE DIVISION PRIOR TO THE FIRST DAY OF EACH PENALTY MONTH TO
AVOID ADDITIONAL PENALTIES; PROVIDED HOWEVER. THAT THE TOTAL DELINQUENCY
PENALTY SHALL NOT EXCEED 25 PERCENT OF THE LICENSE FEE.
SEC. 29 15. DEFINITIONS; LIOENSINC OF GUN DEALERS; FEES; SALES.
A. DEFINITIONS. FOR THE PURPOSES OF TillS SECTION, THE
FOLLOWING WORDC SHALL HAVE TilE FOLLOWnlG 'lEANINGS:
1. FIREARM. UNLESS OTHERWIGE INDICATED, SHl~LL "EAN ANY
RETIOLVER, PISTOL, RIFLE, CHOTGUN, ~{ACHINE GUN, DESTRUCTIVE DET.7ICE OR
OTHER WEAPON WHICH EXPELS A PROJECTILE BY THE ACTION OF All EXPLOSPIE.
2. SATURDAY NIGHT SrECIAL. SHALL MEMI M1Y FIRE&nM WHICH IS
THIRTY TWO CALIBER OR S~V~LLER, WHOSE BARREL IS LESS THAN THREE INCHES,
EXCEPT THOCE WHOCE FR~iE IS An INVECTP1ENT CAST OF FORGED STEEL, OR
IW.7ESTPfENT CAST OF FORGED HIGH INTENSITY ALLOY.
3. SALE. SHALL INCLUDE ALL TR~~:USFEns, ]~SCIGNnENTS, PLEDGES,
LEASES, LOANS, BARTERS OR GIFTS.
B. LIOENSES REQUIRED. EVERY PERCOll ENGAGED nl TilE BusnlESS OF
SELLING FIREAillm AT RETAIL CHALL OBTAnl A LICEnSE PURSUANT '1'0 THIS
SECTION.
C. LICENSINC rROOEDURES. NO LICENSE SHALL BE ISSUED UNDER THIS
SECTION UNTIL THE CITY MANAGER Hl'~S EXMUNED THE APPLICANT AND OBTAINED
CERTAIN INFOill1ATION AS FOLLOWS z
1. rROHIBITION. IT SHALL BE UNLAWFUL FOR ANY PERCON, WITHOUT
BEING LICE~ISED AS PROVIDED IN TIIIG SECTION, '1'0 ENGAGE IN THE BUSINESS OF
SELLING FInE&"U{S. THIS LICENSnlG REQUIREUENT APPLIES '1'0 PERSONS III THE
FIREAm{S BUSINESS OR IN THE BUSINESS OF GUNSUITHING, AND DOES NOT APPLY
'1'0 ISOLl~TED SALEC, TR"lNSFERS OR TR}~DES BETWEEN INDIVIDUALS WHO ARE
NOT REGULl~RLY ENGAGED IN THE GALE OR OFFERING FOR SALE OF FIREAmm.
2. ArrLICATION FOR LIOENSE; OONTENT. APPLICANTS FOR LICENSES
55
'1'0 SELL FIREAilliC unDER THIC SECTIon MUST FILE WITH THE CITY M.'U1AGER OR
HIC DECIGNEE THEIR APPLICATIONS nl DUPLICATE IN THE FORn PRESCRIBED BY
THE CITY IWIAGER. ALL APPLICATIONC UUCT BE SICNED AND VERIFIED BY ALL
PERSON(G) IN WHOSE NM'E(S) THE LICENSE If: '1'0 BE ICSUED. TilE APPLICATION
SH."lLL STATE THE FULL IIMiE, ACE, REf:IDENCE, PRESENT MID PREVIOUf:
OCCUPATIONC OF EACH PERSON SO SIGNnlG THE SMiE, MID CH.~~LL ALSO SPECIFY
THE COUPLETE nAUE, ADDRESS AND LOCATION OF THE PLl~CE OF BUSINESS, AS
WELL AS OTHER FACTS AS nAY BE REQUIRED BY THE CITY PfANAGER '1'0 CHOW THE
GOOD CHARACTER, Cm!PETENCY AND INTEGRITY OF EACH PERSON SIGNInG THE
APPLICATION OR OTHERWISE nlVOLVED nl THE BUSINESS.
3 . DEMONSTRATION OF KNOWLEDGE OF OITY, OOUNTY, STATE AND
FEDERAL LAWS ArrLIOABLE '1'0 THE SALE OF FIREARMS; FEES. AS PART OF TilE
APPLICATIon PROCEDURE FOR A LICENSE '1'0 SELL FIREARUS, TWO FOillm OF
LICENSE SlL"lLL BE DEVISED. THE FIRST LICENSE SHl~LL BE '1'HE DEALERS
LICENSE, WHICH SHALL BE ISSUED TO THE OWNER, WHETHER CORPORATE OR
INDIVIDUAL, OF ANY BUSINESS WHICH SELLS FIREARUS AT RETAIL, FOR A
LICENSE FEE ~~~C LISTED IN CEC. 20 11. THE CEconD SFL"lLL BE THE E!{PLOYEE
LICENSE, WHICH SHALL BE ISSUED FOR A FEE AS LISTED IN CEC. 20 11 '1'0 ANY
EnPLOYEE WHO IS ENGAGED AS AN AGENT OR EP1PLOYEE IN THE RETAIL SALE OF
FIREARUS. IT CHALL BE THE DUTY OF THE CITY IV~NAGER OR HIS DESIGNEE
WITH THE ADVICE OF THE POLICE CHIEF, '1'0 PREPARE A P~UAL FROM WHICH
QUESTIons ON A SHORT WRITTEN E~~UNATION WILL BE '1'AKEn so THAT THE
APPLICANT, WHETHER A DEALER OF EUPLOYEE, SHALL SHOW HIS KNOWLEDGE OF
FEDER'lL, CTATE, COUNTY AND CITY LAWS GOVERNING FIREAmf8 SALES MID
OWNERCHIP. IF THE APPLICANT CHALL HAVE DIFFICULTY WITH THE WRITTEN OR
SPOKEN ENGLISH Ll~NGUAGE, WHICH SERIOUSLY InPAIRS HIS ABILITY TO
DE~~ONSTnATE HIS KNOWLEDGE OF SUCH LAWS SPECIAL PROTIISIONS SFL"lLL BE }1ADE
THROUGH AN INTERPRETER OR OTHERWISE, FOR THE ADMnlIS'I'm~TION OF THE
REQUIRED EXMHNATION TO CUCH PERSON. nl THE EVENT OF FAILURE THE
APPLICANT }illY RETAKE THE TEST SEVEN DAYS FROl! THE DATE OF EXAMINATION
HOWEVER, NO PERSON SHALL BE ALLOWED '1'0 TAKE THIS TEST pmRE THAN THREE
TIUEC nl A TWEVy7E nONTH PERIOD. (ORD. NO. 83 2384, Sl.) .
4. INVESTICATION OF ArrLICATION; FINCERrRINTINC.
a. THE CITY P1ANAGER SHALL REQUIRE, UPON THE INITIAL
APPLICATION, FOR APPLICANTC FOR LICENSES TO BE FINGERPRINTED, AND SFL"lLL
56
REQUIRE THAT THEIR PHOTOGRAPHS BE ATTACHED '1'0 '1'HEIR INITIAL
APPLICATIONS. THE CHIEF OF POLICE 1il'~Y }{ARE A RECORDS CHECK OF EACH
APPLICANT. THE CHIEF OF POLICE SHhLL }{lJ<E A COMPLETE INVESTIGATIOll OF
THE APPLICANT ONLY WHEN SO DIRECTED BY THE CITY }ffiNAGER.
b. THE APPLICANT'S FINGERPRINTS CHALL BE SElillCHED FOR
MIY PREVIOUc CRIMnlAL RECORD MID SHl~LL BE PLACED ON FILE BY THE CHIEF OF
POLICE OF THE CITY.
5. ISSUANOE OF LIOENSE. UPON cm1PLETION OF AN INVESTIGATION
SHOWING THE CTATEUENTS ON THE APPLICATION TO BE TRUE, AND THE TAKINC MID
PASSING OF THE REQUIRED WRITTEN E>L"llUNATION ON GUN conTROL LAWS MID THE
SALE OF FIREAmm, AND DUE nlQUIRY INTO THE GOOD CHARACTER, COUPETENCY
AND nlTEGRITY OF THE APPLICANT, IF THE CITY IQ~NAGER IS SATISFIED AS '1'0
THE APPLICANT'S GOOD CHAR1'~CTER, COUPETENCY AND nlTEGRITY, A LICENSE
SHALL BE ISCUED '1'0 THE APPLICANT BY THE CITY }llrnAGER OR HIS DESIGNEE,
PROVIDED THAT:
;:}. NO LICENCE '~Y BE IcSUED '1'0 ANY PERSON WHO lL"lS BEEN
CONVICTED OF A FELONY AND WHOSE CIVIL RIGHTS HAVE NOT BEEN RESTORED, OR
WHO IS UNDER EIGHTEEN YEARS OF AGE.
b. NO LICENSE UAY BE ICSUED COLELY nl THE I'lAUE OF A
CORPOR~~TION, FIRU, PARTNERCHIP, Cm~PANY OR OTHER LEGAL ENTITY, BUT THE
CORPOR."lTE NM{E PfAY BE LICTED ON THE LICENSE.
6. FILE OF ArrLIOATIONS AND LIOENSES. AFTER DISPOSITION OF
THE APPLICATION, THE ORIGINAL SHALL BE UAINTAINED IN THE FILE OF '1'HE
CITY U},~NAGER. THE DUPLICATE COPY AND ALL RENEWAL LICENSES SlL"lLL BE
FILED WITH THE CHIEF OF POLICE. ATTACHED THERETO SH."lLL BE INFORU1.TION
AS '1'0 THE FINAL DISPOSITION OF THE APPLICATION.
7. CONDITIONS; RE\"OOATION. A LICENSE ISSUED IN ACCORDANCE
WITH THE PROVISIONS OF THIS cECTION IS SUBJECT '1'0 THE FOLLOWING
CONDITIOlIS FOR BREl\CH OF ANY OF WHICH THE LICENSE IS CUBJECT TO
REVOCATION:
;:}. THE BUSINESC CHALL BE CARRIED ON ONLY IN THE PREMISES
DESIGNATED IN THE LICENSE.
b. THE LICENSE OR A COPY CERTIFIED BY THE ISSUING
AUTHORITY SHALL BE DISPLl.YED IN A conCPICUOUS PLl~CE on THE PREIUSES IN
57
WHICH THE BUSINESS IS CONDUCTED WHERE 1'1' CAN BE EASILY READ.
e. 1m lL'\NDGUN, OR nUTATION THEREOF, SHl~LL BE PLACED IN
ANY DISPLAY WINDOW OF THE PREMISES.
d. A TRUE RECORD OF EVERY GALE OF FIREAmIE: SHl~LL BE KEPT
BY THE LICENSEE IN ACCORDAnCE WI'1'H THE PROVISIONS OF THE APPLICABLE
FLORIDA CTATUTEC AND cHALL BE AVAILl~BLE FOR INCPECTION, DURING NOill1AL
BUSINESS HOURS, BY THE P!r AM I BEACH POLICE DEPART}{ENT ON A FOml
PRECCRIBED BY THE CHIEF OF POLICE, AND A COPY OF '1'HE RECORD OF EACH SALE
CH1~LL BE PtAILED TO THE CHIEF OF POLICE WITHIN TWENTY FOUR HOURS OF' THE
DELIVERY OF THE FIREAm4:.
c. THE FOLLOWING SHALL ALSO CONSTITUTE GROmmS FOR
REVOCATION OF THE LICENSEz
(1) CONVICTION OF THE LICENSEE OF ANY FELOny.
(2) ANY GROUNDS FOR WHICH THE LICENSEE COULD H1WE
BEEN REFUSED WHEN APPLIED FOR.
(3) CONVICTION FOR VIOLl~TION OF SUBSECTION (D) (1)
OF THIS SECTION.
f. UPON REVOCATION, THE LICENSEE OR LICE~ISEES SHALL BE
ENTITLED TO AN nD4:EDIATE HEARING BEFORE THE CITY ~WIAGER OR HIS DESIGNEE
UPON THE MERITS '1'0 OBTAnr REINSTATE~{ENT OF CAID LICENSE. '1'HE CIRCUIT
COURT CHALL REVIEW ORDERS DENYING LICENSES '1'0 CELL AND ORDERS DENYING
REINCTA'PEP1EN'P OF A RET.TOKED LICENCE.
8. LIOENSES NONTRANSFERABLE; EXrlRATION DATE; RENEWALS;
a. LICENSES UNDER TIIIC SECTION ARE NOT TR"lNSFER'l!~BLE. IT
SHALL BE UNLl~WFUL FOR ANY LICENSEE '1'0 ~1\~SSIGN, SELL, LEASE OR IN ANY
~iANNER TR'l!~NSFER OR ATTE'IPT TO CELL, LEACE OR In ANY liANNER TR"lNSFER SAID
LICEnSE OR ANY RIGHTS OR DUTIES THEREUNDER.
b. IF, DURING 'PHE TErnl OF THE LICEnCE, A PERSON SO
LICENSED CEASES 'PO ENGAGE IN THE CAID BUCniECS OR CEASES '1'0 SELL
FIRK"lRUS, SAID LICENSE IffiY BE SURRENDERED TO THE CITY, WHICH SIIhLL
THEREBY RELIEVE SAID PERSON FRm4: FUTURE REE:POnSIBILITY UNDER THE
LICENSE.
e. ANY LICENSED EP{PLOYEE ~iAY WORK A'P ANY OTHER LICENSED
DEALER PRE}USES IN THE CITY OF }UA}U BEACH WITHOUT NOTICE OF TRANSFER '1'0
THE CITY comUSSION.
58
d. MINUAL RENEWAL FOR DEALER LICENSES SH1'~LL BE ON FOro~S
PROVIDED FOR '1'H1'~T PURPOSE LISTINC '1'HE NMfE, ADDRESS, CmlPANY nAME AND
ADDRESS, CITY OF }UMU BEACH LICENSE NUMBER AND NO'1'ARIZED SIClJATURE OF
THE APPLICANT AnD SHALL REQUIRE PAY}fENT OF A RENEWAL FEE AS PER S 20 11.
9. THE LIOENSE REQUIRED BY THIS SEOTION SHALL BE IN ADDITION
FIREARMS LIOENSE REQUIRED BY STATE AND FEDERAL LAW.
REGISTR1\~TION OF SALES AND TR'lliSFERS REQUIRED 1 :PENALTY.
1. REGISTER. EVERY PERSON ENGAGED IN THE BUSINESS OF SELLING,
LEASING, OR OTIIERWISE TR"lNSFERRING FIREARUC OF A SIZE CAPABLE OF BEING
READILY CONCEALED ON THE PERSON WHETHER cUCH SELLER, LESSOR OR
TR~SFEROR IC A RETAIL DE~LER, PAIDIBROKER, OR OTHERWICE, SHALL KEEP A
REGISTER IN WHICH SHALL BE ENTERED THE DATE MID TnlE OF SALE, LE~SE OR
TRANSFER; THE PLl~CE WHERE SOLD, LEASED OR '1'R'U1CFERRED; PlAKE, nODEL,
UlUlUFACTURER'S NUMBER, CALIBER OR OTHER P1AIU<S OF IDENTIFICATION OF SUCH
FIREAill1; THE PURCHASER'S }lAUE, ADDRESS, COLOR, SEX, AGE, WEIGH'1', HEIGHT,
COUPLEXION, COLOR OF HAIR, BIRTHPLl~CE, PLl~CE OF RESIDENCE, LENCTH OF
RESIDENCE, OCCUPATION, EP1PLOYER, AND THE DATE AND TIUE OF DELIVERY.
2 . rURCHASER AND SELLER TO SIGN. THE PERsml '1'0 WHOM SUCH
FIREARU IC COLD, LEASED OR OTHERWICE TR"lNSFERRED SIIhLL SIGN AND THE
DK1\~LER cHALL REQUIRE HIM TO SIGN HIC nMfE AND AFFIX HIS ADDRESS '1'0 THE
REGISTER IN DUPLICATE ~,\}lD THE CALEClffiN cHALL AFFIX IllS SIGNATURE IN
DUPLICATE AS A WITNESS TO THE SIGNATURE OF THE PERSON '1'0 WHml SUCH
FIREA~f IS SOLD, LEACED OR TRl~NSFERRED.
3 . FICTITIOUS NAME rROHIBITED. ANY PERSON SIGNING A
FICTITIOUS NM{E OR ADDRECS IN cUCH REGISTER Ic GUILTY OF A VIOLl~TION OF
THIS SECTION.
4. EXCErTIONS. THIS SUBSECTION (1) SfL1\~LL NOT APPLY TO
WHOLESALE DEALERS IN THEIR BUSINECS INTERCOURSE WITH RETAIL DEALERS nOR
'1'0 RETAIL DEALERS IN THEIR BUSINESS nlTERCOURSE WITH OTIIER RETAIL
DEALERS, NOT TO WHOLECALE OR RETAIL DE~LERS nl THE REGULAR OR ORDINARY
TR1\~NSPORTATION OF UNLOADED FIREARUS, llERCHANDISE BY Pfl~IL, EXPRESS OR
OTHER nODE OF CHIPlfEnT, '1'0 POINTS OUTSIDE THE CITY, NOR '1'0 CALES OR
TRANSFER OF FIREAmm THAT DO no USE A CELF CONTAINING CARTRIDGE.
5. INSPECTION OF BALES RECORD BOOK. A SALES RECORD BOOK, AS
REQUIRED BY THE FEDER."lL FIREAmlS ACT, CHALL BE OPEN AT ALL REASONABLE
TO ANY
D.
59
HOURS FOR THE INSPECTION OF ANY POLICE OR rEACE OFFICER.
6. rENALTY. EVERY PERSON WHO IS COt~7ICTED FOR A VIOLr.TION OF
THIS SECTIon SHALL BE PUNISHED UPON A FIRST COl~7ICTION BY H{PRISON!fENT
FOR NOT LESS TIIJl..n CIX ,mNTHS OR BY A FINE OF NOT LESS THAN ONE TIIOUSAlID
DOLI.lillS OR BY BOTH SUCH FnlE AND n~PRIsom~ENT, IN THE DISCRETION OF TIlE
COURT, MID ON A SECOND AND SUBSEQUEnT CmIVIC'1'ION SH..1\~LL BE PUNISHED BY
IMPRIsom~ENT FOR NOT LESS THAN ONE THOUSAND DOLI.lillS OR BY BOTH SUCH FINE
AND n~PRISONP{ENT, IN THE DISCRETION OF '1'HE COURT. (ORD. NO. 82 2316, Sl;
ORD. NO. 82 2333,Sl.).
SEC. 20 22. METHOD OF OOLLEOTION OF DELINQUENT FEES AND TAXES.
WHENEVER ANY LICENSEE OR PERson WHO IS REQUIRED '1'0 OBTAnl A LICENE:E
UNDER THIS ARTICLE FAILC '1'0 PAY A FEE WHEN DUE OR TO PAY ANY OTHER FEE
OR FINE I}{POCED BY THIS CHAPTER, OR '1'0 PAY Any OTHER CITY TAX OR FEE
REQUIRED BY THE CITY CODE, THE CITY ATTORNEY AND CITY PROSECUTOR }{l~Y, IN
ADDITIon '1'0 ANY OTHER PEnALTY PROVIDED BY Lr~W%
A. SEEK CIVIL AND CRHunAL PENALTIES AS AUTHORIZED BY '1'HIS
CHAPTER;
B. REcm1UEND THE IUPOSITION OF .'\DlUNISTnATIVE SANCTIONS BY THE
CITY nl~NJl..GER UNDER ARTICLE II m OF THIS CH.."lPTER;
C. PETITION THE CIRCUIT COURT TO ENJOIN THE LICEnSEE OR rERSON
FROlt ENGAGING IN THE BUSINESS FOR WHICH liE IIl'~S FAILED '1'0 PAY SAID SUU,
UNTIL SUCH Tn1E AS HE SHALL rAY THE SAUE WITH COSTS OF SUCH ACTIOlI;
D. FILE A PETITION WITH THE COUNTY OR CIRCUIT COURTS, OR WITH THE
DADE COUNTY TAX COLLECTOR, TO OBTAIN A WAR~"lNT OR OTHER ORDER
AUTHORIZING THE LEVY UPON AND SALE OF ANY REAL OR PERSON}~L PROPERTY OF
THE PERSON OWNING THE BUSINESS, '1'0 COLLECT THE MfOUNT DUE PLUS THE COST
OF EXECUTING THE SAHE, PLUS COURT COSTS AND REASONABLE ATTORNEY FEES.
THE OFFICER TO WHO't THE WA~~NT OR ORDER IS DELIVERED SHALL PROCEED IN
ALL RESPECTc AND IN THE CAnE UANNER PRESCRIBED BY LAW IN REGARD '1'0
EXECUTIONS ISEUED AGAINST PROPERTY UPON JUDGEMENTS OF A CIRCUIT COURT,
AND SH..~.LL BE ENTITLED '1'0 THE CM1E FEE FOR HIS SERVICES nl EXECUTINC THE
WARR~IT, '1'0 BE COLLECTED IN THE SM1E Iq~NNER. A COPY OF THE lq.ARR'UIT OR
60
ORDER SHALL BE FILED WITII CLERK OF THE CIRCUIT COURT OF '1'HE ELE'f.7ENTH
JUDICIAL CIRCUIT, AND THE CLERK SlL'l..LL RECORD THE CAME, WHEREUPON THE
AMOUNT DUE SlL~LL BECOME A LIEN UPON THE TI'1'LE '1'0 AND LEGAL OR EQUI'1'ABLE
INTERES'1' IN ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED, OF THE PERSON
OR BUSINESS AGAnlST WHm~ THE LIEn IE: OBTAINED, IN THE SAME M.'\NNER AND '1'0
THE CAPlE EXTENT AS A JUDGUENT DULY DOCKETED Hl THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT WITH EXECUTION DULY ISSUED. nl ADDI'1'ION, ANY PERSON
WHO FAILS '1'0 PAY A LICENSE FEE, TAX, FINE OR OTHER srn, REQUIRED BY THIS
CH1'~rTER SHALL, on PETITION OF THE CITY ATTOIDIEY, BE EnJOINED BY THE
CIRCUIT COURT FRon ENGAGING IN THE BUSINESS FOR WHICH HE 1Il~~S FAILED TO
PAY SAID srnf, UNTIL SUCH Tn~E AS HE SHALL PAY THE SAlfE WITH COSTS OF
SUCH ACTION.
SEC. 20 23. SEC. 20-15. PENALTIES FOR FALSE DISCLOSURES.
ANY PERSON WHO SHALL KNOWINGLY MAKE A FALSE STATEMENT ON A CITY
APPLICATION OR KNOWINGLY FAIL TO DISCLOSE OR SUPPLEMENT INFORMATION
REQUIRED BY THIS ARTICLE, SHALL UPON CONVICTION THEREOF BE IUPRISONED
FOR NO LONGER THAN NINETY DAYS AND FINED NO ~mRE TFL~1 FIVE THOUcAND
DOLLARS, AND CHALL ALSO BE SUBJECT TO THE CIVIL AND ADMINISTRATIVE
PENALTIES AUTHORIZED BY THIS CHAPTER.
SEC. 20-16. PROPERTY OWNER'S RESPONSIBILITY.
IT SHALL BE UNLAWFUL AND A VIOLATION OF THIS ARTICLE FOR ANY PERSON TO
OPERATE OR PERMIT TO OPERATE UPON HIS/HER/ITS PROPERTY A BUSINESS WHICH
IS NOT CURRENTLY LICENSED AS REQUIRED BY THIS CHAPTER.
SEO. 20 23.1.
AUTOMATIO REVOOATION DUE TO LArSE OF INSURANOE.
AT ANY TnlE DURING THE LICENSE YEl'Jl IF THE REQUIRED INSUR'UICE IS NOT
Ml'~INTAnIED AT THE LnUTS REQUIRED OF THE LICENSED BUSInESS, THE LICENSE
SHALL BECOUE NULL ~~~ND VOID ON THE EXPIR\TION OR Ll~PSE DATE OF '1'HE
POLICY.
61
SEO. 29 23.2. AUTOMATIO REVOOATION DUE TO CANOELLATION OF BOND.
A'1' ANY '1'niE DURING THE LICEnSE YEAR IF TilE REQUIRED BonD IS NOT
}{l~INTAINED AT THE LnHTC REQUIRED OF SAID BUSINECS, THE LICENSE SHALL
BECOUE NULL AND VOID ON THE EXPIR"lTION OR LAPCE Dl'~TE OF THE BOND.
SEC. 20 24. SEC. 20-17. PENALTIES; EACH DAY'S OPERATION WITHOUT
LIOENSE OONSIDERED SErARATE OFFENSE. . ENFORCEMENT:
COLLECTION OF DELINOUENT FEES AND TAXES.
ANY PERSON WHO SHALL CARRY ON OR CONDUCT ANY BUSINESS FOR WHICH A
LICENSE IS REQUIRED BY THIS ARTICLE, WITHOUT FIRST OBTAINING SUCH
LICENSE, OR WHO VIOLATES ANY OTHER PROVISION OF THIS CHAPTER ~ SHALL
BE PROSECUTED AND SHALL upon CONVICTION BE PUNISHED BY A FInE NOT
EXCEEDING FI'".7E THOUSAND DOLLl~RS AND n1PRISOm~ENT NOT EXCEEDING NINETY
DAYC. EACH DAY A BUSINESS Ic CONDUCTED WITHOUT FIRST I~VING PROCURED A
LICEnSE (THEREFORE) SHALL BE AN InDIVIDUAL OFFENSE PUNISHABLE AS
SPECIFIED HEREIN. PACT DUE BUSINESS LICENSE FEES AND PENALTIES FOR '1'HE
OPER"lTION OF RESIDENTIAL PROPERTIES (HOTELS, APARTUENTS, ACLF' S) ~{AY BE
PLACED AS A LIEN IN THE PUBLIC RECORD OF DADE COUNTY. CITED WITH A
NOTICE OF VIOLATION AS PROVIDED IN CHAPTER 9B OF THE MIAMI BEACH CITY
CODE AND SHALL BE SUBJECT TO ONE OR MORE OF THE FOLLOWING
ENFORCEMENT/COLLECTION PROCEDURES:
A. PROSECUTION BEFORE THE CITY'S SPECIAL MASTER OR CODE
ENFORCEMENT BOARD AS PROVIDED IN CHAPTER 9B. WITH PENALTIES AS
SET FORTH THEREIN.
B. PROSECUTION IN DADE COUNTY COURT AS PROVIDED IN MIAMI BEACH
CITY CODE SECTION 1-8 WITH PENALTIES AS SET FORTH THEREIN.
C. SUSPENSION/REVOCATION PROCEEDINGS AS SET FORTH IN SECTION
20-44 HEREIN.
D. SUIT FOR INJUNCTIVE RELIEF TO ENJOIN OPERATION OF THE
BUSINESS IN VIOLATION OF THIS CHAPTER.
AS AN ADDITIONAL MEANS OF ENFORCEMENT/COLLECTION AND SUPPLEMENTAL TO THE
ABOVE. WHEN A NOTICE OR RECORD OF ANY PAST DUE BUSINESS LICENSE FEES AND
PENALTIES WHICH BECOME DUE AND PAYABLE TO THE CITY AFTER THE EFFECTIVE
62
DATE OF THIS ORDINANCE IS RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY.
SAID 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.
SEC. 20-18. LAPSE OF INSURANCE. BOND.
THOSE OCCUPATIONS REQUIRING INSURANCE AS A PREREOUISITE TO THE
ISSUANCE OF A LICENSE MUST SUBMIT AN ORIGINAL CERTIFICATE OF INSURANCE
AT THE TIME OF APPLICATION. TO BE APPROVED BY THE RISK MANAGER. IT IS
THE LICENSEE'S RESPONSIBILITY TO INSURE THAT AN UPDATED ORIGINAL
CERTIFICATE OF INSURANCE IS FORWARDED TO THE CITY'S LICENSE SECTION
PRIOR TO THE EXPIRATION DATE OF THE CERTIFICATE CURRENTLY ON FILE. IF.
AT ANY TIME DURING THE LICENSE YEAR. A LICENSEE FAILS TO MAINTAIN THE
INSURANCE AND/OR BONDS REOUIRED BY THIS CHAPTER FOR THE LICENSED
BUSINESS. THE LICENSE ISSUED TO SUCH BUSINESS SHALL BECOME NULL AND
VOID. SUCH BUSINESSES WHICH CONTINUE OPERATING WITHOUT A VALID LICENSE
SHALL BE SUBJECT TO ENFORCEMENT PROCEDURES AS SET FORTH IN SECTION 20-17
HEREIN INCLUDING LICENSE REVOCATION.
SEC. 20-19. AMUSEMENT ATTRACTION/RIDE.
A. NO LICENSE FOR AN AMUSEMENT RIDE OR ATTRACTION SHALL BE ISSUED
EXCEPT:
1. UPON SUBMISSION OF PROOF. IN THE FORM OF AN ORIGINAL
CERTIFICATE OF INSURANCE. THAT ITS OWNER/OPERATOR MAINTAINS IN FULL
FORCE AND EFFECT AN INSURANCE POLICY IN AN AMOUNT OF NOT LESS THAN $1
MILLION DOLLARS PER OCCURRENCE. INSURING THE OWNER OR OPERATOR AGAINST
LIABILITY FOR INJURY TO PERSONS ARISING OUT OF THE USE OF THE AMUSEMENT
RIDE OR AMUSEMENT ATTRACTION. ALL CERTIFICATES OF INSURANCE ARE SUBJECT
TO APPROVAL BY THE CITY'S RISK MANAGER; RENEWAL CERTIFICATES MUST BE
63
SUBMITTED ANNUALLY. OR
2. UPON SUBMISSION OF A BOND IN A LIKE AMOUNT; HOWEVER. THE
AGGREGATE LIABILITY OF THE SURETY UNDER SUCH BOND SHALL NOT EXCEED THE
FACE AMOUNT THEREOF. THE POLICY OR BOND SHALL BE PROCURED FROM ONE OR
MORE INSURERS OR SURETIES LICENSED TO TRANSACT BUSINESS IN THIS STATE OR
APPROVED AS SURPLUS LINES INSURERS.
B. THE FOLLOWING AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS ARE
EXEMPT FROM THE PROVISIONS OF THIS SECTION: NONMECHANIZED PLAYGROUND
EQUIPMENT. INCLUDING. BUT NOT LIMITED TO. SWINGS. SEESAWS. STATIONARY
SPRING-MOUNTED ANIMAL FEATURES. RIDER-PROPELLED MERRY-GO-ROUNDS.
CLIMBERS. SLIDES. TRAMPOLINES. SWINGING GATES. AND PHYSICAL FITNESS
DEVICES. EXCEPT WHEN AN ADMISSION FEE IS CHARGED FOR USE OF SUCH
EQUIPMENT OR AN ADMISSION FEE IS CHARGED TO AREAS WHERE SUCH EQUIPMENT
IS LOCATED.
SEC. 20-20. AUTOMOBILE SHIPPERS.
ALL APPLICANTS SHALL:
1. EXECUTE. DELIVER AND FILE WITH THE CITY MANAGER OR HIS DESIGNEE.
A GOOD AND SUFFICIENT SURETY BOND IN THE SUM OF TWENTY-FIVE THOUSAND
DOLLARS. IN A FORM TO BE APPROVED BY THE CITY ATTORNEY. THE SURETIES
THEREON OR THE COMPANY WRITING SUCH BOND SHALL GIVE THE CITY NOT LESS
THAN 10 DAYS WRITTEN NOTICE OF THE CANCELLATION OF SUCH BOND FOR ANY
REASON OR THAT SUCH BOND HAS BECOME VOID FOR ANY REASON.
2. COMPLETE AND SUBMIT THE SPECIAL APPLICATION FORM.
3. PROVIDE A LIST OF LOCATIONS WHERE VEHICLES WILL BE STORED PRIOR
TO SHIPPING.
4. PROVIDE PROOF IN THE FORM OF AFFIDAVITS THAT THE BUSINESS
MANAGER HAS BEEN A FLORIDA RESIDENT FOR THE THREE (3) YEARS IMMEDIATELY
PRIOR TO APPLICATION.
5. PROVIDE PROOF THAT THE BUSINESS MANAGER HAS HAD TWO (2) YEARS
EXPERIENCE AS AN AUTOMOBILE SHIPPER OR THE EQUIVALENT.
6. PROVIDE AN ORIGINAL CERTIFICATE OF INSURANCE TO BE APPROVED BY
THE RISK MANAGER AT TIME OF ORIGINAL APPLICATION AND ANNUALLY PRIOR TO
THE EXPIRATION DATE LISTED ON THE CERTIFICATE CURRENTLY ON FILE
64
CERTIFYING THAT EACH AUTOMOBILE IS INSURED IN THE AMOUNTS OF:
BODILY INJURY LIABILITY: $10.000 EACH PERSON.
EACH ACCIDENT: $20.000 MINIMUM.
PROPERTY DAMAGE LIABILITY: $5.000 EACH ACCIDENT. COLLISION OR
UPSET.
FIRE AND LIGHTNING COVERAGE.
SEC. 20-21. BOTTLE CLUBS.
A. BOTTLE CLUBS SHALL BE SUBJECT TO ALL REGULATIONS AND
RESTRICTIONS CONTAINED IN THE CITY OF MIAMI BEACH CODE AND ZONING
ORDINANCE PERTAINING TO VENDORS OF ALCOHOLIC BEVERAGES AND MUST OBTAIN
A LICENSE PURSUANT TO THIS CHAPTER.
B. ALL BOTTLE CLUBS MUST PRESENT A COPY OF THEIR CURRENT STATE
LICENSE AT TIME OF APPLICATION.
SEC. 20-22. CARD ROOMS.
65
5. THE MAIN ENTRANCE DOOR TO EACH CARDROOM SHALL REMAIN
UNLOCKED THROUGHOUT THE HOURS OF OPERATION.
6. WHERE THE LICENSED PREMISES IS A STORE ADJACENT TO THE
STREET. CARD PLAYING WILL BE CONDUCTED IN THE FRONT PORTION OF THE
STORE, VISIBLE FROM THE MAIN ENTRANCE AND NOT IN A BACK OR HIDEAWAY
ROOM. CONDUCTING OR ALLOWING A GAME TO BE PLAYED IN A BACK OR HIDEAWAY
ROOM OR BEHIND LOCKED DOORS SHALL BE GROUNDS FOR IMMEDIATE REVOCATION OF
A LICENSE GRANTED UNDER THIS CHAPTER.
7. NO LICENSE SHALL BE ISSUED UNDER THIS CHAPTER TO ANY PERSON
CONVICTED OF A FELONY OR GAMBLING VIOLATION. OR TO ANY CORPORATION WHOSE
OFFICERS. DIRECTORS OR SHAREHOLDERS HAVE BEEN SO CONVICTED. NOR SHALL
ANY PERSON BE EMPLOYED IN ANY CAPACITY WHATSOEVER ON THE LICENSED
PREMISES WHO HAS BEEN SO CONVICTED. AND IF. AFTER THE ISSUANCE OF A
LICENSE UNDER THIS CHAPTER IT SHALL APPEAR TO THE SATISFACTION OF THE
CITY MANAGER THAT THE LICENSEE HAD BEEN CONVICTED OF A FELONY PRIOR TO
THE ISSUANCE OF SUCH LICENSE OR HAS BEEN CONVICTED OF A FELONY DURING
THE LIFE OF SUCH LICENSE. THE LICENSE SHALL BE REVOKED. IN ADDITION.
WHERE ANY PERSON IS EMPLOYED HAVING BEEN CONVICTED OF A FELONY OR
GAMBLING VIOLATION. AND THE LICENSEE UNDER THIS CHAPTER REFUSES TO
DISCHARGE SUCH PERSON UPON NOTICE FROM THE CITY MANAGER. THE LICENSE
SHALL BE REVOKED.
8. LICENSEES. BY THE ACCEPTANCE OF THEIR LICENSE. AGREE THAT
THEIR PLACES OF BUSINESS SHALL ALWAYS BE SUBJECT TO BE INSPECTED BY THE
AUTHORIZED EMPLOYEES OF THE CITY OF MIAMI BEACH DURING BUSINESS HOURS OR
AT ANY OTHER TIME SUCH PREMISES ARE OCCUPIED BY THE LICENSEE OR OTHER
PERSONS; PROVIDED, HOWEVER. THAT THE INSPECTION SHALL BE LIMITED TO THE
CARDROOM AND ROOMS DIRECTLY CONNECTED THERETO.
9. ANY ALTERATIONS TO THE LICENSED PREMISES AS SHOWN ON THE
FLOOR PLAN ATTACHED TO THE ORIGINAL APPLICATION MUST HAVE THE APPROVAL
OF THE CITY MANAGER OR HIS DESIGNEE. AND ANY ALTERATION WITHOUT SUCH
APPROVAL SHALL BE DEEMED GROUNDS FOR REVOCATION OF ANY LICENSE GRANTED
UNDER THIS CHAPTER.
B. EXEMPTIONS:
THIS SECTION SHALL NOT APPLY TO ANY CARD ROOM OPERATED IN A HOTEL.
MOTEL. APARTMENT HOUSE. CONDO. OR CO-OP APARTMENT. WHERE THE CARD ROOM
66
IS MAINTAINED FOR THE FREE USE OF THE GUESTS OR OCCUPANTS OF THE
STRUCTURE AND IS UNDER THE DIRECT CONTROL OF THE OWNER OR OPERATOR OF
THE STRUCTURE.
SEC. 20-23. CLOSING OUT SALES.
A. A SPECIAL APPLICATION ON A FORM PRESCRIBED BY THE CITY MANAGER
OR HIS DESIGNEE MUST BE COMPLETED AND SUBMITTED AT LEAST SEVEN (7) DAYS
PRIOR TO SAID SALE AND SHALL INCLUDE:
1. A DESCRIPTION OF THE PLACE WHERE SUCH SALE IS TO BE HELD
AND THE NATURE OF THE OCCUPANCY. WHETHER BY LEASE. SUBLEASE OR
OTHERWISE. AND THE DATE OF THE BEGINNING OF SUCH OCCUPANCY AND THE DATE
OF THE TERMINATION THEREOF.
2. THE MEANS TO BE EMPLOYED IN ADVERTISING SUCH SALE. TOGETHER
WITH THE PROPOSED LANGUAGE CONTENT OF ANY ADVERTISEMENT TO BE USED.
3. A COMPLETE AND DETAILED INVENTORY OF ALL GOODS TO BE SOLD
OR OFFERED FOR SALE. INCLUDING ALL GOODS THEN IN STOCK. ON ORDER OR IN
TRANSIT AND THE COST AND RETAIL PRICE OF SUCH GOODS.
4. THE PLACE WHERE SUCH GOODS WERE PURCHASED OR ACQUIRED AND.
IF NOT PURCHASED. THE MANNER OF SUCH ACQUISITION.
5. A STATEMENT BY THE APPLICANT THAT REPRESENTATIONS MADE
THEREIN ARE BONA FIDE AND IF APPLYING FOR A CLOSING OUT SALE LICENSE
PRIOR TO PERMANENTLY CLOSING THE BUSINESS. THE APPLICANT WILL NOT.
DIRECTLY OR INDIRECTLY. ENGAGE IN THE SAME BUSINESS OR ANY SIMILAR
BUSINESS UNDER THE SAME TRADE NAME OR A SIMILAR TRADE NAME IN THE CITY
FOR A PERIOD OF TWO YEARS FROM THE DATE OF SUCH APPLICATION AND WILL NOT
ENGAGE IN THE SAME BUSINESS OR A SIMILAR BUSINESS UNDER ANY NAME AT SUCH
LICENSED PREMISES FOR A PERIOD OF TWO YEARS FROM THE DATE OF SUCH
APPLICATION.
6. ANY ADDITIONAL INFORMATION RELATING TO SUCH SALE AS THE
CITY MANAGER OR HIS DESIGNEE MAY DEEM NECESSARY.
B. AS A PREREQUISITE TO THE ISSUANCE OF A CLOSING OUT SALE LICENSE
PRIOR TO PERMANENTLY CLOSING OR THE RELOCATION OF A BUSINESS, ALL
LICENSES HELD FOR SAID BUSINESS SHALL BE SURRENDERED WITH NO REFUND OF
FEES PAID FOR SAID LICENSES.
67
C. A COMPLETE INVENTORY LISTING MUST BE MAINTAINED AT THE LICENSED
PREMISES AND SHALL BE AVAILABLE FOR INSPECTION AT ALL TIMES BY THE CITY
MANAGER OR HIS DESIGNEE.
D. THE INVENTORY LISTING SHALL BE UPDATED DAILY TO REFLECT ALL
SALES OR REDUCTIONS IN STOCK.
E. THE ADDITION OR SUBSTITUTION OF GOODS LISTED ON THE ORIGINAL
INVENTORY LISTING IS PROHIBITED.
F. NO LICENSE FOR A SALE DEFINED BY SUBSECTION (d) OF THE
DEFINITION OF A "CLOSING OUT SALE" SHALL BE ISSUED UNLESS THERE IS FILED
WITH THE CITY MANAGER OR HIS DESIGNEE. A BOND IN AN AMOUNT EQUAL TO TEN
PERCENT OF THE INVENTORY VALUE OF ALL THE GOODS TO BE OFFERED AT SUCH
SALE. SUCH BOND SHALL BE CONDITIONED UPON:
1. THE FAITHFUL OBSERVANCE OF ALL APPLICABLE PROVISIONS OF THE
SECTION AND.
2. THE INDEMNIFYING OF ANY PURCHASER AT SUCH SALE WHO SUFFERS
ANY LOSS BY REASON OF ANY MISREPRESENTATION MADE IN CONNECTION WITH SUCH
SALE. SUCH BOND SHALL BE APPROVED AS TO FORM BY THE CITY ATTORNEY AND
AS TO SUFFICIENCY BY THE CITY MANAGER OR HIS DESIGNEE.
G. NO LICENSEE UNDER THIS SECTION SHALL INDICATE IN ANY
ADVERTISING. EITHER DIRECTLY OR INDIRECTLY. THAT SUCH SALE IS HELD WITH
THE APPROVAL OF THE CITY OR ANY OF ITS OFFICERS AND EMPLOYEES. SUCH
ADVERTISING SHALL CONTAIN A STATEMENT IN THE FOLLOWING WORDS AND NO
OTHERS:
" THIS SALE HELD PURSUANT TO CITY LICENSE
NO. . . . . .. GRANTED THE ....... DAY OF......
19 . . . . . . . "
IN SUCH BLANK SPACES. THE LICENSE NUMBER AND REQUISITE DATES SHALL BE
INDICATED.
H. THERE SHALL BE NO MORE THAN TWO (2) SIGNS ADVERTISING THE SALE
ON THE LICENSED PREMISES AND THESE SIGNS:
1. SHALL BE NO LARGER THAN SIX (6) SOUARE FEET IN AREA.
2. SHALL NOT BE FASTENED OR FIXED TO ANY EXTERIOR WALL. FRONT.
FACADE. AWNING. CANOPY OR ROOF SO AS TO BE VISIBLE FROM A PUBLIC STREET.
3. SHALL NOT BE AFFIXED TO ANY DISPLAY WINDOW. HOWEVER. ONE
(1) SIGN MAY BE PLACED WITHIN THE DISPLAY WINDOW.
68
I. IN THE EVENT THAT GOODS HELD OR OFFERED FOR SALE HAVE BEEN
DERIVED FROM A BUSINESS WHICH HAS FAILED, BEEN CLOSED, DISCONTINUED OR
LIQUIDATED AS DEFINED IN PARAGRAPH (d) OR THE DEFINITION OF "CLOSING OUT
SALE". SUCH GOODS SHALL BE CLEARLY MARKED OR TICKETED AS DISTRESSED
ITEMS.
J. THE LICENSE SHALL BE FOR A PERIOD OF 30 DAYS INCLUDING SUNDAYS
AND LEGAL HOLIDAYS AND MAY BE RENEWED FOR UP TO TWO (2) PERIODS OF
FIFTEEN (15) DAYS EACH INCLUDING SUNDAYS AND HOLIDAYS IN THE EVENT THE
GOODS INVENTORIED IN THE ORIGINAL APPLICATION HAVE NOT BEEN DISPOSED OF.
A REVISED INVENTORY LISTING MUST BE SUBMITTED WITH THE APPLICATION AND
PAYMENT FOR EACH RENEWAL LICENSE.
K. CLOSING OUT SALE LICENSES ARE NO'l' TRANSFERABLE.
L. ONLY ONE (1) CLOSING OUT SALE LICENSE MAY BE ISSUED TO ANY
APPLICANT OR BUSINESS WITHIN A TWO YEAR PERIOD.
M. UPON PROOF TO THE SATISFACTION OF THE CITY MANAGER OR HIS
DESIGNEE THAT THE LICENSEE HAS PERMANENTLY CLOSED HIS BUSINESS ON OR
BEFORE THE DATE REOUIRED BY THE LICENSE. AN AMOUNT NOT TO EXCEED $300.00
SHALL BE REFUNDED TO THE LICENSEE.
N. IN THE EVENT A LICENSE IS ISSUED FOR A SALE DEFINED BY
SUBSECTION (C) OF THE DEFINITION OF A "CLOSING OUT SALE" CONSISTING OF
GOODS DAMAGED OR ALTERED BY FIRE. SMOKE. ETC.. AN AMOUNT NOT TO EXCEED
$300.00 WILL BE REFUNDED UPON PROOF TO THE SATISFACTION OF THE CITY
MANAGER OR HIS DESIGNEE THAT THE SALE OF DAMAGED OR ALTERED GOODS HAS
CEASED AND SUCH GOODS HAVE BEEN SOLD OR REMOVED FROM THE BUSINESS
LOCATION ON OR BEFORE THE DATE REQUIRED BY THE LICENSE.
THIS LICENSE SHALL BE VALID ONLY FOR GOODS DAMAGED OR ALTERED AT
THE BUSINESS LOCATION LISTED ON THE LICENSE. IT SHALL BE PROHIBITED TO
BRING DAMAGED OR ALTERED GOODS FROM OTHER BUSINESS LOCATIONS FOR SALE
UNDER THIS LICENSE.
o. THE FOLLOWING PERSONS SHALL BE EXEMPT FROM THE PROVISIONS OF
THIS SECTION:
1. PERSONS ACTING PURSUANT TO AN ORDER OF A COURT OF COMPETENT
JURISDICTION.
2. SHERIFFS AND MARSHALS ACTING IN ACCORDANCE WITH THEIR
POWERS AND DUTIES AS PUBLIC OFFICERS.
69
3. DULY LICENSED AUCTIONEERS. SELLING AT AUCTION.
SEO. 20 13. SEC. 20-24. REGULATIONS OONOERNINC COIN-OPERATED MACHINESL
ARCADES.
~ EVERY MUSIC BOX, MECHANICAL PHONOGRAPH, JUKE BOX, PIN-BALL,
MECHANICAL OR ELECTRONIC DEVICE OF SKILL, FOOD OR DRINK DISPENSING
MACHINE, NEWSPAPER DISPEN8nlG R..1'~CK OR OTHER MACHINE OR DEVICE OPERATED
BY INSERTION OF A COIN, SHALL AT ALL TIMES HAVE POSTED THEREON
CONSPICUOUSLY AND LEGIBLY, THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
PERSON OWNING THE DEVICE. ALL LICENSED MACHINES SHALL HAVE AN ANNUAL
CITY STICKER AFFIXED IN A CONSPICUOUS PLACE. THE CITY MANAGER OR HIS
DESIGNEE IS HEREBY AUTHORIZED AND DIRECTED TO TAKE IMMEDIATE POSSESSION
OF ANY MACHINE OR DEVICE WHICH DOES NOT CONFORM TO THE REQUIREMENTS OF
THIS SECTION, AND TO SELL THE SAME AT PUBLIC AUCTION AFTER ONE
PUBLICATION OF NOTICE OF SUCH SALE, WHICH NOTICE SHALL BE PUBLISHED IN
A LOCAL NEWSPAPER AT LEAST TEN DAYS PRIOR TO THE HOLDING OF SUCH SALE.
THE PROCEEDS OF SUCH SALE SHALL BE PAID INTO THE CITY TREASURY. AT ANY
TIME PRIOR TO THE HOLDING OF SUCH SALE, THE PERSON OWNING SUCH MACHINE
OR DEVICE MAY, UPON PROOF OF OWNERSHIP AS EVIDENCED BY BILL OF SALE OR
OTHER EVIDENCE SATISFACTORY TO THE CITY MANAGER OR HIS DESIGNEE, OBTAIN
SUCH MACHINE OR DEVICE UPON PAYMENT TO THE CITY MANAGER OR HIS DESIGNEE
THE SUM OF ONE HUNDRED DOI,LARS PLUS ALL COSTS AND EXPENSES INCURRED BY
THE CITY FOR THE TRANSPORTATION AND STORAGE OF THE MACHINE OR DEVICE AND
PUBLICATION OF NOTICE, IF ANY, IN CONNECTION WITH THE CONFISCATION OF
SUCH MACHINE OR DEVICE; PROVIDED HOWEVER THAT THE DEVICE SHALL BE
RETURNED WITHOUT COST OR PENALTY IF THE OWNER ESTABLISHES THAT THE
REQUIRED INFORMATION WAS POSTED IN ACCORDANCE WITH THIS SECTION AND THAT
THE DEVICE WAS REGULARLY INSPECTED FOR SUCH COMPLIANCE.
B. ALL DISTRIBUTORS OF COIN-OPERATED MACHINES ARE REOUIRED TO
SUBMIT A LIST STATING EACH LOCATION WITHIN THE CITY WHERE THEY HAVE
PLACED MACHINES. THE NUMBER OF MACHINES AT EACH LOCATION. THE TYPE OF
MACHINE AND THE OVERALL TOTAL OF MACHINES ON A FORM PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE AT THE TIME OF ORIGINAL APPLICATION AND
ANNUALLY AT THE TIME OF RENEWAL THEREAFTER. AN OCCUPATIONAL LICENSE WILL
NOT BE ISSUED TO ANY DISTRIBUTOR WHO FAILS TO COMPLY WITH THIS
70
REQUIREMENT.
~ IT SHALL BE UNLAWFUL AND A VIOLATION OF THIS ARTICLE FOR ANY
PERSON TO USE OR OPERATE, OR PERMIT TO BE USED OR OPERATED WITHIN HIS
PLACE OF BUSINESS, ANY SUCH MACHINE OR DEVICE WHICH DOES NOT HAVE
AFFIXED TO THE SAID MACHINE OR DEVICE THE INFORMATION REQUIRED BY THIS
SECTION. IN THE EVENT THAT SOMEONE OTHER THAN THE OWNER OF THE BUSINESS
AND/OR PREMISES OWNS THE MACHINE AND FAILS TO OBTAIN A LICENSE AS
REQUIRED. THE OWNER OF THE BUSINESS OR PREMISES IN WHICH THE MACHINE IS
LOCATED. SHALL BE REQUIRED TO CAUSE SUCH MACHINE TO BE REMOVED OR TO
OBTAIN A LICENSE FOR THAT MACHINE.
D. ARCADES: ALL PLACES OF BUSINESS WHICH HAVE SIX OR MORE COIN
OPERATED GAME MACHINES AND/OR POOL TABLES ON THE PREMISES MUST OBTAIN AN
ARCADE LICENSE IN ADDITION TO ALL OTHER LICENSES REQUIRED BY THIS
CHAPTER.
SEa. 29 18. SEC. 20-25. CONTRACTOR'S PERMIT.
NO CONTRACTOR SHALL INITIATE OR ENGAGE IN WORK IN THE CITY OF MIAMI
BEACH WITHOUT FIRST SUBMITTING TO THE CITY MANAGER OR HIS DESIGNEE
EVIDENCE OF COMPLIANCE WITH ALL APPLICABLE DADE COUNTY LAWS GOVERNING
CONTRACTORS, INCLUDING A COPY OF A CERTIFICATE OF COMPETENCY DULY ISSUED
BY THE PROPER AUTHORITY OF DADE COUNTY, AND A CERTIFICATE SHOWING THAT
THE APPLICANT IS COVERED BY WORKERS' COMPENSATION AND PUBLIC LIABILITY
INSURANCE EQUAL TO OR EXCEEDING THE MINIMUM LIMITS REQUIRED BY DADE
COUNTY FOR CONTRACTORS. ANY CONTRACTOR WHO VIOLATES THIS SECTION, OR
WHO ENGAGES IN WORK IN THE CITY WITHOUT COMPLYING WITH THIS SECTION, OR
WHOSE COUNTY CERTIFICATE OF COMPETENCY OR INSURANCE HAS EXPIRED OR BEEN
CANCELED, REVOKED OR SUSPENDED SHALL BE SUBJECT TO THE PENALTIES
SPECIFIED BY SECTION 20 24 20-17 OF THIS ARTICLE. IN THE EVENT OF
CANCELLATION OR REPEAL OF THE COUNTY FEE COLLECTION AND DISBURSEMENT
SYSTEM UNDER SEC. 10-28 OF THE DADE COUNTY CODE, THEN THE CITY OF MIAMI
BEACH FEE FOR CONTRACTORS' LICENSES SHALL BE EQUAL TO THOSE ESTABLISHED
BY 10-27, DADE COUNTY CODE (1982). AS SUCH MAY BE AMENDED.
SEC. 20-26. EMPLOYMENT AGENCIES, JANITORIAL & ESCORT SERVICES.
71
A. A SPECIAL APPLICATION ON A FORM PRESCRIBED BY THE CITY MANAGER
OR HIS DESIGNEE MUST BE COMPLETED AND SUBMITTED AND SHALL INCLUDE:
1. THE NAME OF THE PERSON WHO IS TO HAVE THE GENERAL
MANAGEMENT OF THE OFFICE.
2. WHETHER OR NOT THE APPLICANT HAS AN INTEREST IN ANY OTHER
BUSINESS OF A LIKE NATURE AND IF SO WHERE.
3. IF A CORPORATION. THE NAMES AND ADDRESSES OF ALL CORPORATE
OFFICERS AND DIRECTORS SHALL BE LISTED AND THE APPLICATION SHALL BE
SIGNED BY THE PRESIDENT OF THE CORPORATION.
4. IF A PARTNERSHIP. THE NAMES AND ADDRESSES OF ALL THE
PARTNERS SHALL BE LISTED AND THE APPLICATION SHALL BE SIGNED BY AT LEAST
ONE PARTNER.
B. A REGISTRY OF ITS PATRONS AND TRANSACTIONS SHALL BE KEPT. WHICH
REGISTRY SHALL BE OPEN FOR EXAMINATION, INSPECTION OR INVESTIGATION TO
THE CITY MANAGER OR HIS/HER DESIGNEE.
C. ALL BUSINESSES COVERED BY THIS SECTION SHALL OBTAIN A SURETY
BOND IN THE SUM OF FIVE THOUSAND DOLLARS IN A FORM APPROVED BY THE CITY
ATTORNEY. SUCH BOND TO INDEMNIFY THE PUBLIC AGAINST ANY LOSS ARISING
FROM THE LICENSEES BUSINESS ACTIVITIES. SUCH BOND SHALL PROVIDE IN ITS
TERMS THAT THE PRINCIPAL. THE SURETIES THEREON OR THE COMPANY WRITING
SUCH BOND SHALL GIVE THE CITY NOT LESS THAN TEN DAYS WRITTEN NOTICE OF
THE CANCELLATION OF SUCH BOND IN THE EVENT THAT SUCH BOND WILL BECOME
VOID FOR ANY REASON.
SEC 20-27. FRUIT SHIPPERS.
A. A SURETY BOND IN THE SUM OF ONE THOUSAND DOLLARS IN A FORM
APPROVED BY THE CITY ATTORNEY MUST BE SUBMITTED AND APPROVED. SUCH BOND
SHALL INDEMNIFY THE PUBLIC AGAINST ANY LOSS BY FRAUD ON THE PART OF SUCH
LICENSEE AND SHALL PROVIDE IN ITS TERMS THAT THE PRINCIPAL, THE SURETIES
THEREON OR THE COMPANY WRITING SUCH BOND SHALL GIVE THE CITY NOT LESS
THAN TEN DAYS WRITTEN NOTICE OF THE CANCELLATION THEREOF. OR IN THE
EVENT THAT SUCH BOND WILL BECOME VOID FOR ANY REASON.
B. EXEMPTIONS
NOTHING CONTAINED IN THIS CHAPTER SHALL BE CONSTRUED TO APPLY TO PACKERS
72
OR SHIPPERS SELLING QUANTITIES OR BULK SHIPMENTS TO THE OPEN MARKET OR
IN REGULAR WHOLESALE OR COMMISSION MERCHANT CHANNELS.
SEC 29 17. SEC. 20-28. DISCLOSURES REQUIRED OF INSURANCE AGENTS.
ANY PERSON CONDUCTING THE BUSINESS, OCCUPATION OR PROFESSION OF AN
INSURANCE AGENT SHALL FILE A SWORN STATEMENT WITH THE CITY MANAGER OR
HIS DESIGNEE LISTING THE NAME OF EACH INSURANCE COMPANY FOR WHICH HE IS
ACTING. FAILURE TO DO SO SHALL, UPON CONVICTION, RESULT IN A FINE NOT
EXCEEDING FIVE THOUSAND DOLLARS AND IMPRISONMENT NOT EXCEEDING NINETY
DAYS, IN ADDITION TO ANY OTHER PENALTIES AUTHORIZED BY THIS CHAPTER.
SEC. 29 16. SEC. 20-29. MEDICAL CLINICS; LIOENSE FEE; DISCLOSURE OF
PHYSICIANS; INSURANOE REQUIREMENTS; EXEMPTIONS:
EVERY FIRU OR ESTABLISHP!ENT WHICH PROVIDES OUTPATIEN'1' MID/OR AlfBULATORY
MEDICAL TREATUENT, DIAGNOSIc OR CARE WITIIIN THE CITY OF '!rAMI BEACH
SlL'\LL BE REQUIRED '1'0 OBTAIN }~ BUSINECS LICENSE AND SIIllLL, IN ADDI'1'ION '1'0
THE OTHER REGISTm~TION REQUIREP~ENTS UNDER SECTION 20 10 OF THIS ARTICLE,
DISCLOSE IN WRITING THE NAl!ES OF EACH PHYSICIAN ASSOCIATED WI'1'H THE
ESTABLISID~ENT. IN ADDITION EACH SUCH ESTABLISID1ENT, AS A CONDITION OF
BEING LICENCED, E:HALL FILE WITH TilE CITY PU'iNAGER OR illS DECIGNEE COPIES
OF THE STATE UEDICAL LICENSES OF ALL CUCH PHYSICIANS, MID INSURE THAT
SUCH PHYSICIANS OBTAIN A CITY OF }HAln BEACH OCCUPATIONAL LICENSE. ALL
MEDICAL PERSONNEL AFFILIATED WITH ANY HOSPITALS, NURSING HO}~ES, ACLF'S,
CLINICS, ETC. WITHIN THE CITY OF MIMU BEACH OR ON PRP.7ATE DUTY SHALL
OBTAnl All OCCUPATIONAL LICENSE. ALL MEDICAL CLINICS SHALL OBTAIN A
BUSINESS LICENSE AND SHALL DISCLOSE IN WRITING THE NAMES OF EACH
PHYSICIAN ASSOCIATED WITH THE ESTABLISHMENT. IN ADDITION. EACH
ESTABLISHMENT. AS A CONDITION OF BEING LICENSED. SHALL FILE WITH THE
CITY MANAGER OR HIS DESIGNEE. COPIES OF THE STATE MEDICAL LICENSES OF
ALL SUCH PHYSICIANS. AND INSURE THAT SUCH PHYSICIANS OBTAIN A CITY OF
MIAMI BEACH OCCUPATIONAL LICENSE. ALL MEDICAL PERSONNEL AFFILIATED WITH
ANY HOSPITALS. NURSING HOMES. ACLF'S. CLINICS. ETC. WITHIN THE CITY OF
MIAMI BEACH OR ON PRIVATE DUTY SHALL OBTAIN AN OCCUPATIONAL LICENSE.
73
ANY PERSON OPERATING A FACILITY IN HIS OWN INDIVIDUAL NAME. OR WITH HIS
NAME AS A PROFESSIONAL ASSOCIATION AS DEFINED IN THIS CHAPTER. WILL BE
EXEMPT FROM THIS SECTION.
SEC. 20-30. MOTOR SCOOTER RENTAL AGENCY.
ANY PERSON WHO RENTS. LEASES OR OFFERS TO RENT OR LEASE MOTOR
SCOOTERS WITHIN THE CITY OF MIAMI BEACH SHALL PROVIDE AN ORIGINAL
CERTIFICATE OF INSURANCE. PRIOR TO THE ISSUANCE OF AN OCCUPATIONAL
LICENSE. AND ANNUALLY THEREAFTER EVIDENCING THAT SUCH PERSON MAINTAINS
THE FOLLOWING INSURANCE COVERAGE(S):
A. THE APPROPRIATE LIABILITY INSURANCE IN THE AMOUNT OF $100.000
PER OCCURRENCE TO PROTECT THE USER AND THE PUBLIC AGAINST BODILY INJURY
OR PROPERTY DAMAGE CAUSED BY THE OPERATOR'S NEGLIGENCE OR INADEOUATE
MAINTENANCE OR PRODUCT DEFECT CONNECTED WITH THE SCOOTERS.
B. THE CERTIFICATE MUST STATE THAT THE INSURANCE PROVIDES COVERAGE
FOR A MOTOR SCOOTER RENTAL OPERATION.
SEC. 20-31. NEWSSTANDS.
A. IN ADDITION TO THE NORMAL APPROVAL PROCESS REQUIRED OF ALL
LICENSE APPLICANTS. APPLICANTS FOR NEWSSTANDS TO BE LOCATED IN THE
PUBLIC RIGHT OF WAY MUST BE APPROVED BY THE PUBLIC WORKS DEPARTMENT AS
TO PUBLIC SAFETY.
B. AS AN EXPRESS CONDITION OF THE ACCEPTANCE BY THE LICENSEE OF THE
LICENSE PROVIDED FOR IN THIS SECTION. SUCH LICENSEE SHALL EXECUTE AN
AGREEMENT TO INDEMNIFY AND SAVE HARMLESS THE CITY AGAINST ALL LIABILITY
ARISING FROM THE GRANTING OF THE LICENSE OR ON ACCOUNT OF ANY NEGLIGENCE
OF OR ACT OR THING DONE BY THE LICENSEE PURSUANT TO ITS ACTIVITIES AS
AUTHORIZED BY THE LICENSE.
C. ANY NEWSSTAND PROVIDED FOR IN THIS SECTION SHALL BE CONSTRUCTED
ONLY IN ACCORDANCE WITH THE APPLICABLE DESIGN AND BUILDING CODE
REGULATIONS APPLICABLE THERETO AND MUST BE APPROVED BY THE CITY'S
BUILDING OFFICIAL. NO STAND SHALL BE SO CONSTRUCTED AS TO EXTEND OR
PROJECT MORE THAN FIFTEEN INCHES OVER ANY PUBLIC SIDEWALK OR STREET; NOR
74
SHALL ANY STAND BE SO CONSTRUCTED AS TO PREVENT REMOVAL THEREOF WITHOUT
DAMAGE OR IMPAIRMENT TO ABUTTING PROPERTY; PROVIDED. THAT NO NEWSSTAND
SHALL BE CONSTRUCTED OR LICENSED
FOR OPERATION EXCEPT WITH THE WRITTEN CONSENT OF THE PERSON ENTITLED TO
THE POSSESSION AND USE OF THE PROPERTY IMMEDIATELY ABUTTING.
D. THIS SECTION DOES NOT APPLY TO COIN OPERATED NEWSPAPER VENDING
MACHINES OR DEVICES.
SEa 20 19. SEC. 20-32. PARKING LOT; EXEMPTIONS, DEFINITIONS,
APPLICABILITY, VALET PARKING.
(a) DEFINITION. THE TErn! "PARKING LOT" FOR PURPOSES OF THIS
SECTION CHALL I!EAN ANY BUSINESS ENGAGED IN WHOLE OR IN PART IN THE OR
PARKInG OF THREE OR ~mRE ~mTOR VEHICLES FOR PAYP1ENT OF A FEE PROVIDED
THAT THE FOLLOWING SHALL BE EXE'!PT FROU THIS SECTION:
A. THE FOLLOWING SHALL BE EXEMPT FROM THE PARKING LOT LICENSE
REQUIREMENT:
(1) GARAGES AND OTHER PLACES WHERE MOTOR VEHICLES ARE STORED
FOR HIRE WITHIN A BUILDING AND FOR WHICH A LICENSE HAS BEEN OBTAINED
UNDER ANOTHER PROVISION OF THIS ARTICLE.
(2) OFF-STREET PARKING SPACES REQUIRED UNDER THE ZONING
ORDINANCE OF MIAMI BEACH, FOR MULTIPLE-FAMILY USES. ANY LOCATION WI'1'H
PARKING ATTENDANTS AND/OR VALET P.'\RKING CHALL HAVE A LICENSE AS A
PARKING LOT AND SHALL P~EET OTHER PRESCRIBED CRITERIA LISTED IN '1'HIS
SECTION.
(b) LIOENSE REQUIRED. no PERSON SHALL CONDUCT, OPER1'~TE OR 'fhINTAIN
A PARKnlG LOT WITHOUT FIRCT OBTAINnlG AN ANNUAL LICENSE THEREFOR FRm{
THE CITY IffiNAGER OR HIS DESIGtlEE. no LICEnSE SHALL BE ISSUED WITHOUT A
CERTIFICATE FRm~ THE CITY UANAGER OR HIS DESIGNEE STATING THA'1' THE
PARTICULAR PARKING LOT OR AREA CONFomlS IN ALL RESPEC'1'S '1'0 THE ZONING
ORDINAnCE #2665.
(0) Al'l'LIOATION. NO LICENSE REQUIRED BY THIS CHArTER SHALL BE
CR.'UITED illlTIL THE APPLICANT FOR CUCH LICENCE cATISFIEc ALL REQUIRE}!ENTS
OF THE CITY (NUUBER ISSUED TO THE OWNER OR OPERATOR.)
75
~ fd+ REMOVAL OF PARKED VEHICLES. IT SHALL BE UNLAWFUL FOR ANY
OWNER, OPERATOR OR EMPLOYEE OF ANY LICENSED PARKING LOT TO MOVE ANY
PARKED MOTOR VEHICLE FROM THE PARKING LOT TO ANY PUBLIC STREET, PARKING
AREA OR ANY OTHER PUBLIC OR PRIVATE PROPERTY WITHOUT THE CONSENT OF THE
OWNER, THE OWNER'S AGENT, OR THE CHIEF OF POLICE, UNLESS SPECIFICALLY
AUTHORIZED TO DO SO BY LAW.
~ fet SIGNS TO BE POSTED. OPERATORS OF LICENSED PARKING LOTS
SHALL PLACE AND MAINTAIN AT EACH VEHICLE ENTRANCE PRINTED SIGNS
CONSPICUOUSLY DISCLOSING THE PRICE OR FEE CHARGED FOR THE PARKING OF
MOTOR VEHICLES THEREON, AND INDICATING, IN TWO-INCH RED LETTERS, THE
CITY LICENSE NUMBER ISSUED TO THE OWNER OR OPERATOR.
(f) FEES. THE ANNUAL PARKING LOT LICENSE FEES SIIl~LL BE AS PRO....7IDED
FOR IN SECTION 20 11 OF THIS ARTICLE.
(g) rENALTIES. IT CHALL BE UNLAWFUL AND A VIOLATION OF THIS
SECTION FOR ANY LICENCEE '1'0 USE, OR PEillHT '1'0 BE USED IN WHOLE OR IN
PAnT, MIY PARKING LOT, UNLECS '1'HE SM~E IC IN cmfPLIM1CE WITH THE
REQUIREPfENTC OF THIS CHAPTER. IT SHALL BE UnLAWFUL FOR MIY LICENSEE '1'0
FAIL '1'0 UAINTAnl THE REQUIRE'~ENTS OF TIIIc cECTION FOR Any PERIOD DURING
THE PERIOD LICENSED HERE UNDER. IT SHALL BE UNLl~WFUL FOR ANY PERson
OWlIING OR OPERATING A PARKING LOT In TilE CITY, UNLESS EXPRESSLY EXEMPTED
BY THIS ARTICLE, NOT '1'0 OBTAnl A LICENSE illlDER TillS ARTICLE. (ORD. NO.
882625,Sl.).
D. NO LICENSE FOR THE OPERATION OF A VALET PARKING SERVICE SHALL BE
ISSUED EXCEPT UPON:
1. SUBMISSION OF PROOF. IN THE FORM OF AN ORIGINAL CERTIFICATE
OF INSURANCE EVIDENCING THAT THE OWNERS/OPERATORS OF SAID MAINTAIN IN
FULL FORCE DURING THE LICENSE YEAR THE FOLLOWING COVERAGES:
a. GARAGE LIABILITY IN THE MINIMUM AMOUNT OF $300.000 PER
OCCURRENCE.
b. GARAGEKEEPERS LEGAL LIABILITY IN THE AMOUNT OF
$300.000 WITH A DEDUCTIBLE NOT TO EXCEED $1.000 PER LOSS AND MAXIMUM
LIMIT PER VEHICLE OR AT LEAST $50.000.
c. RENEWAL CERTIFICATES MUST BE SUBMITTED AND APPROVED BY
THE CITY'S RISK MANAGER ANNUALLY.
2. A LETTER OF PERMISSION FROM THE OWNER. LESSEE. OR OPERATOR
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OF THE BUSINESS FROM WHICH THE VALET SERVICE IS OPERATING MUST BE
SUBMITTED PRIOR TO THE ISSUANCE OF A VALET PARKING LICENSE.
E. EXCEPT AS PROVIDED HEREIN. ANY LOCATION WITH PARKING ATTENDANTS
AND/OR VALET PARKING SHALL HAVE A LICENSE AS A PARKING LOT AND SHALL
MEET OTHER PRESCRIBED CRITERIA LISTED IN THIS SECTION.
SEC. 20-33. PEST CONTROL.
A COPY OF THE CURRENT STATE OF FLORIDA. DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES LICENSE MUST BE PRESENTED PRIOR TO THE ISSUANCE
OF A CITY LICENSE AND ANNUALLY AT TIME OF RENEWAL.
SEC. 20-34. PRIVATE SCHOOLS.
ALL SCHOOLS ACCREDITED BY A REGIONAL ACCREDITING ASSOCIATION SHALL
LIST THE NAME OF SAID ASSOCIATION ON THEIR LICENSE APPLICATION ANNUALLY
AND NOTIFY THE LICENSE SECTION OF ANY CHANGE IN ACCREDITING ASSOCIATION
OR STATUS OF ACCREDITATION. POST SECONDARY SCHOOLS LICENSED BY THE STATE
OF FLORIDA SHALL SUBMIT A COPY OF THEIR CURRENT STATE LICENSE AT TIME OF
APPLICATION AND ANNUALLY THEREAFTER AT TIME OF RENEWAL.
SEC 20-35. RECYCLERS AND SECOND HAND DEALERS/PAWNBROKERS.
A. RECYCLERS
1. RECORDS REQUIRED.
a. EACH RECYCLER SHALL MAINTAIN A LEGIBLE RECORD OF ALL
PURCHASE TRANSACTIONS OF REGULATED METALS TO WHICH HE IS PARTY TO.
b. THE FOLLOWING INFORMATION MUST BE MAINTAINED FOR EACH
PURCHASE TRANSACTION:
1. THE NAME AND ADDRESS OF THE SECONDARY METALS
RECYCLER.
2. THE NAME, INITIALS. OR OTHER IDENTIFICATION OF
THE INDIVIDUAL ENTERING THE INFORMATION ON THE TICKET.
3. THE DATE AND TIME OF THE TRANSACTION.
4. THE WEIGHT. QUANTITY. OR VOLUME. AND A
77
DESCRIPTION OF THE TYPE OF REGULATED METALS PROPERTY PURCHASED IN A
PURCHASE TRANSACTION.
5. THE AMOUNT OF CONSIDERATION GIVEN IN A PURCHASE
TRANSACTION FOR THE REGULATED METALS PROPERTY.
6. A SIGNED STATEMENT FROM THE PERSON DELIVERING THE
REGULATED METALS PROPERTY STATING THAT HE IS THE RIGHTFUL OWNER OF. OR
IS ENTITLED TO SELL THE REGULATED METALS PROPERTY BEING SOLD.
7. THE DISTINCTIVE NUMBER FROM THE PERSONAL
IDENTIFICATION CARD OF THE PERSON DELIVERING THE REGULATED METALS
PROPERTY TO THE SECONDARY METALS RECYCLER.
8. A PHOTOGRAPH. VIDEOTAPE. OR SIMILAR LIKENESS OF
THE PERSON RECEIVING CONSIDERATION IN WHICH SUCH PERSON'S FACIAL
FEATURES ARE CLEARLY VISIBLE.
c. A SECONDARY METALS RECYCLER SHALL MAINTAIN OR CAUSE TO
BE MAINTAINED THE INFORMATION REQUIRED BY THIS SECTION FOR NOT LESS THAN
5 YEARS FROM THE DATE OF THE PURCHASE TRANSACTION.
2. INSPECTION OF REGULATED METALS PROPERTY AND RECORDS DURING
THE USUAL AND CUSTOMARY BUSINESS HOURS OF A SECONDARY METALS RECYCLER.
A CITY OF MIAMI BEACH CODE OFFICER SHALL. AFTER IDENTIFYING HIMSELF AS
A CODE OFFICER. HAVE THE RIGHT TO INSPECT:
a. ANY AND ALL PURCHASED REGULATED METALS PROPERTY IN THE
POSSESSION OF THE SECONDARY METALS RECYCLER.
b. ANY AND ALL RECORDS REQUIRED TO BE MAINTAINED UNDER
THIS SECTION.
3. EXEMPTIONS. THIS PART SHALL NOT APPLY TO PURCHASES OF
REGULATED METALS PROPERTY FROM:
a. ORGANIZATIONS, CORPORATIONS. OR ASSOCIATIONS
REGISTERED WITH THE STATE AS CHARITABLE. PHILANTHROPIC. RELIGIOUS.
FRATERNAL. CIVIC. PATRIOTIC. SOCIAL. OR SCHOOL-SPONSORED ORGANIZATIONS
OR ASSOCIATIONS. OR FROM ANY NONPROFIT CORPORATION OR ASSOCIATION.
b. A LAW ENFORCEMENT OFFICER ACTING IN AN OFFICIAL
CAPACITY.
c. A TRUSTEE IN BANKRUPTCY, EXECUTOR, ADMINISTRATOR, OR
RECEIVER WHO HAS PRESENTED PROOF OF SUCH STATUS TO THE SECONDARY METALS
RECYCLER.
78
d. ANY PUBLIC OFFICIAL ACTING UNDER JUDICIAL PROCESS OR
AUTHORITY WHO HAS PRESENTED PROOF OF SUCH STATUS TO THE SECONDARY METALS
RECYCLER.
e. A SALE ON THE EXECUTION. OR BY VIRTUE OF ANY PROCESS
ISSUED BY A COURT. IF PROOF THEREOF HAS BEEN PRESENTED TO THE SECONDARY
METALS RECYCLER.
f. A MANUFACTURING. INDUSTRIAL. OR OTHER COMMERCIAL
VENDOR THAT GENERATES REGULATED MATERIALS IN THE ORDINARY COURSE OF
BUSINESS.
B. SECOND HAND DEALERS/PAWNBROKERS.
1. ALL SECONDHAND DEALERS AND PAWNBROKERS SHALL KEEP A RECORD
ON FORMS APPROVED BY THE CHIEF OF POLICE. THE RECORD SHALL BE CLEARLY
AND LEGIBLY WRITTEN BY THE DEALER OR HIS REPRESENTATIVE. IN INK. IN THE
ENGLISH LANGUAGE. AT THE TIME OF EACH ACQUISITION AND SHALL CONTAIN AN
ACCURATE AND TRUE DESCRIPTION OF EACH ARTICLE PURCHASED. BARTERED.
EXCHANGED OR RECEIVED, INCLUDING A NOTATION TO ANY IDENTIFYING MARKINGS
OR CHARACTERISTICS SUCH AS SERIAL NUMBERS; THE AMOUNT OF MONEY PAID OR
GIVEN THEREFOR; OR VALUE PLACED ON REDEMPTION; THE DATE AND TIME OF THE
ACQUISITION OF SUCH ARTICLE BY THE SECONDHAND DEALER OR PAWNBROKER; THE
TRUE NAME OF THE PERSON DEALT WITH AS WELL AS THE PERSON'S SIGNATURE AND
THUMBPRINT. PLACE OF RESIDENCE. SEX. AGE. HEIGHT. BUILD. COLOR OF HAIR.
COLOR OF EYES. COMPLEXION AND PROOF OF IDENTIFICATION BY AN EXHIBITION
OF A GOVERNMENT CREDENTIAL WHICH INCLUDES A PHOTOGRAPH OF THE SELLER.
THE RECORD SHALL CONTAIN THE TYPE OF IDENTIFICATION EXHIBITED. THE
ISSUING AGENCY. AND THE NUMBER THEREON. NO ENTRY MADE IN SUCH RECORD
SHALL BE ERASED. OBLITERATED OR DEFACED. A COMPLETE AND ACCURATE COPY OF
THE RECORD SHALL BE DELIVERED TO THE OFFICE OF THE CHIEF OF POLICE OF
THE CITY OF MIAMI BEACH WITHIN TWENTY-FOUR HOURS OF THE DATE OF
ACQUISITION OF ITEMS COVERED UNDER THIS SECTION.
2. EACH RECORD MAINTAINED IN COMPLIANCE WITH THIS SECTION
SHALL BE MAINTAINED EXCLUSIVELY ON THE OFFICIAL FORM DESIGNATED FOR THIS
PURPOSE BY THE CHIEF OF POLICE. THE POLICE DEPARTMENT SHALL PROVIDE
WITHOUT CHARGE TO EACH SECONDHAND DEALER A BOOK OF OFFICIAL FORMS TO BE
USED FOR RECORDING OF COVERED TRANSACTIONS. UPON COMPLETION OF ALL FORMS
WITHIN THIS BOOK. EACH DEALER MAY PURCHASE FORM BOOKS FOR FUTURE USE
79
FROM THE POLICE DEPARTMENT AT ACTUAL COST OR OTHERWISE REPRODUCE THE
OFFICIAL FORM FOR THEIR OWN FUTURE USE.
3. HOLDING PERIOD.
a. ITEMS CONTAINING GOLD. SILVER. PLATINUM OR OTHER
PRECIOUS METAL AND JEWELRY. DIAMONDS. GEMS AND OTHER PRECIOUS STONES
SHALL BE HELD BY SECONDHAND DEALERS FOR A PERIOD OF FIFTEEN DAYS PRIOR
TO SALE. EXCHANGE OR OTHER DISPOSITION THEREOF. ALL OTHER PROPERTY
COVERED BY THIS CHAPTER ACQUIRED IN THE COURSE OF BUSINESS SHALL BE HELD
FOR A PERIOD OF THIRTY DAYS PRIOR TO DISPOSITION THEREOF: PROVIDED.
HOWEVER. THAT THE PROVISIONS OF THIS SUBSECTION SHALL NOT BE APPLICABLE
WHEN THE PERSON KNOWN BY THE BUSINESS TO BE THE TRUE OWNER OF ANY
ARTICLE DESIRES TO REDEEM. REPURCHASE OR RECOVER SUCH ARTICLE AT ANY
TIME WITHIN THE REQUIRED HOLD PERIOD. THE BUSINESS OWNER SHALL KEEP A
RECORD OF THE PROOF OF OWNERSHIP PRESENTED BY THE TRUE OWNERS.
b. IF A POLICE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT
AN ITEM ACQUIRED IN THE COURSE OF BUSINESS IS THE SUBJECT OF A CRIMINAL
INVESTIGATION. SUCH POLICE OFFICER MAY TAKE THE ITEM(S) INTO CUSTODY
PROVIDING THE DEALER WITH A RECEIPT. UPON RELEASE OF SUCH PROPERTY. THE
BUSINESS OWNER SHALL KEEP A RECORD OF THE DISPOSITION THEREOF. INCLUDING
THE METHOD OF DISPOSAL. I.E. REDEEMED. MELTED DOWN. ALTERED OR SOLD. IF
SOLD BY THE DEALER. THE RECORD SHALL REFLECT TO WHOM. ADDRESS OF BUYER.
THE DATE AND THE AMOUNT PAID. AND THIS RECORD MUST BE MAINTAINED FOR ONE
YEAR.
4. ANY LAW ENFORCEMENT OFFICER SHALL HAVE THE RIGHT TO INSPECT
DURING NORMAL BUSINESS HOURS THE RECORDS REQUIRED TO BE KEPT BY THIS
SECTION.
5. EACH OF THE FOLLOWING ACTS OF EITHER A SECONDHAND DEALER OR
PAWNBROKER OF ANY OF HIS OR HER EMPLOYEES IS HEREBY DECLARED TO BE
UNLAWFUL AND SHALL SUBJECT THE PERSON CONVICTED THEREOF BY A COURT OF
COMPETENT JURISDICTION TO THE PENALTIES PRESCRIBED BY ARTICLE I. SECTION
1 OF THE RELATED LAWS OF THE CITY OF MIAMI BEACH.
a. KNOWINGLY PURCHASING OR OTHERWISE ACQUIRING ANY
ARTICLE COVERED BY THIS ORDINANCE FROM:
( 1). ANY PERSON UNDER THE INFLUENCE OF DRUGS OR
ALCOHOL; OR
80
b. PERMITTED GARAGE SALES;
c. ANY PERSON WHOSE PRIMARY BUSINESS IS DEALING IN GOLD
OR SILVER COINS.
C. NO LICENSE ISSUED TO A PAWNBROKER SHALL BE TRANSFERRED FROM THE
PERSON TO WHOM IT WAS ISSUED.
D. ENFORCEMENT. ENFORCEMENT OF THIS SECTION SHALL BE BY THE POLICE
DEPARTMENT OF THE CITY OF MIAMI BEACH. ANY VIOLATION OF THIS SECTION
SHALL BE PUNISHED BY A REVOCATION OF THE OCCUPATIONAL LICENSE IN
ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
SEC. 29 14. SEC. 20-36. LICENSING OF RESIDENTIAL LANDLORDS.
(a) LICENSE REQUIRED; FEE. ALL PERSONS ENGAGED IN THE BUSINESS OF
RENTING THREE OR MORE UNITS AnD/OR EACH STRUCTURE WITH WITHIN A SINGLE
LOT 'FHREE OR lmRE UNI'FS FOR RESIDENTIAL PURPOSES, AS DEFINED BY 83. 43 (2 )
FLORIDA STATUES (AS M!ENDED) SHALL OBTAIN A LICENSE PURSUANT TO THIS
ARTICLET~ A SEPARATE LICENSE MUST BE OBTAINED FOR EACH BUILDING OR
81
STRUCTURE CONTAINING 3 OR MORE UNITS LOCATED WITHIN THE LOT. THE FEE
SHALL BE DETERMINED BY THE TOTAL NUMBER OF ROOMS WITHIN THE STRUCTURE
AND/OR LOT EXCLUDING THE KITCHENS AND BATHROOMS. UPON rAYPfENT OF All
ANNUAL FEE AS PROVIDED FOR IN CECTION 20 11 OF THIS AR'1'ICLE. FAILURE '1'0
OBTAIN A LICENCE REQUIRED BY THIS SECTION clL"lLL REcULT IN rENALTIEc AS
SPECIFIED BY THI8 CHA.PTER.
(D) rROHIBITED rRAOTIOES; ENFOROEMENT. NO PERSON SUBJECT '1'0 THE
ABOVE LICENSING REQUIREI{ENT SIL~LL VIOLl~TE ANY PROVISION OF THE FLORIDA
RECIDENTIAL Ll~NDLORD AND TENA~IT ACT, 83.40, ET. SEQ., FLA. STAT. (1981) 1
501.204, ET SEQ., FLA. STAT. (1981); ARTICLE III OF THIC C~~PTER, OR ANY
SECTION OF TIlE PHAlU BEACH CITY CODE GOVERNING LAnDLORD TENANT UATTERS.
VIOLATIONS OF THESE PROVISIONS SHALL BE SUBJECT '1'0 PROSECUTION UNDER
THIS CHAPTER, SHALL BE CAUSE FOR SUSPENSION OR REVOCATION OF A
LANDLORD'S LICENSE PURSUANT TO ARTICLE II OF THIS CHAPTER, AND SIL1\~LL BE
GROUNDS FOR A CIVIL ACTION BY THE CITY ATTOIDIEY OR INJURED '1'ENANTS unDER
ARTICLE III OF THIc CHAPTER.
(0) OTHER LAWS. THIS SECTION CHALL NOT cUPERSEDE AND CIL'I\~LL BE IN
ADDITIOlI TO ALL OTHER LAWC, LOCAL, CTATE AND FEDER'\L, GOVERNING
LAPlDLORD TENANT RELATIONS, BUT SIL"lLL REPEAL SECTIONS 2 76 '1'HROUGH 2 82,
}~L'\JH BEACH CITY CODE.
(b) EXEMPTIONS: ALL CONDOMINIUMS AND CO-OPS REGISTERED WITH THE
STATE OF FLORIDA SHALL BE EXEMPT FROM THIS LICENSING REQUIREMENT UPON
PRESENTATION OF THE CONDOMINIUM DOCUMENTS UNLESS A TOTAL OF 3 OR MORE
UNITS ARE LEASED OR RENTED. WHEN 3 OR MORE UNITS ARE BEING LEASED OR
RENTED. THE CONDOMINIUM OR CO-OP ASSOCIATION SHALL OBTAIN THE REOUIRED
LICENSE.
SEC. 20-37. RETAIL FLORISTS' CUT FLOWER STANDS.
A. ALL RETAIL FLORISTS SHALL MAINTAIN A REGULARLY ESTABLISHED
RETAIL FLOWER STORE OR FLOWER GREENHOUSE. WHICH SHALL BE ADEQUATELY
EQUIPPED WITH REFRIGERATION FACILITIES. CONSISTING OF A MINIMUM OF TWO
HUNDRED CUBIC FEET OF REFRIGERATION TO PROPERLY CARE FOR CUT FLOWERS AND
LIKE PRODUCTS. SUCH PRODUCTS SHALL BE OFFERED FOR SALE ONLY AT SUCH
STORE OR GREENHOUSE.
82
B. CUT FLOWERS ARE NOT TO BE DISPLAYED FOR SALE ON THE SIDEWALK.
ETC. IT SHALL BE UNLAWFUL TO DISPLAY FOR SALE ANY CUT FLOWERS UPON ANY
SIDEWALK OR THOROUGHFARE OF THE CITY.
SEC. 20-38. SELLERS OF TRAVEL - RECEPTIVE TOUR OPERATORS.
A. ALL SELLERS OF TRAVEL REGISTERED WITH THE STATE OF FLORIDA MUST
PRESENT THEIR VALID STATE CERTIFICATE OF REGISTRATION AT TIME OF
ORIGINAL APPLICATION AND ANNUALLY THEREAFTER WITHIN 30 DAYS FROM THE
DATE OF EXPIRATION LISTED ON THE CERTIFICATE.
B. THOSE SELLERS OF TRAVEL WHICH ARE NOT REQUIRED TO BE REGISTERED
WITH THE STATE AND ARE NOT SO REGISTERED MUST EXECUTE AND FILE WITH THE
CITY OF MIAMI BEACH. A GOOD AND SUFFICIENT SURETY BOND IN THE SUM OF
TWENTY-FIVE THOUSAND DOLLARS ($25,000) TO BE APPROVED BY THE CITY
ATTORNEY, INDEMNIFYING THE PUBLIC AGAINST ANY LOSS BY FRAUD OR VIOLATION
OF ANY LAW ON THE PART OF THE SELLER OF TRAVEL OR THE PRINCIPAL FOR WHOM
SUCH SELLER IS ACTING AS AGENT. SUCH BOND SHALL PROVIDE IN ITS TERMS
THAT THE PRINCIPAL. THE SURETIES THEREON OR THE COMPANY WRITING SUCH
BOND SHALL GIVE THE CITY NOT LESS THAN TEN DAYS WRITTEN NOTICE OF
CANCELLATION OF SUCH BOND FOR ANY REASON.
C. ALL SELLERS OF TRAVEL SHALL COMPLY WITH EITHER PARAGRAPHS A OR
B ABOVE. FAILURE TO DO SO SHALL BE GROUNDS FOR THE DENIAL OR REVOCATION
OF THE OCCUPATIONAL LICENSE.
D. ALL APPLICANTS FOR A RECEPTIVE TOUR OPERATOR LICENSE ARE
REQUIRED TO PRESENT A VALID STATE OF FLORIDA RECEPTIVE TOUR OPERATOR
CERTIFICATE AT TIME OF APPLICATION AND ANNUALLY THEREAFTER WITHIN 30
DAYS OF THE EXPIRATION OF THE STATE CERTIFICATE.
SEC. 20-39. TEMPORARY PERMITS.
A. A TEMPORARY PERMIT TO OPERATE A BUSINESS MAY BE ISSUED UPON
MEETING THE REQUIREMENTS SET FORTH BY THE CITY MANAGER OR HIS DESIGNEE
AND UPON PAYMENT OF 1/2 THE ANNUAL LICENSE FEE APPLICABLE FOR THAT TYPE
OF BUSINESS. THE REOUIREMENTS MAY INCLUDE. BUT ARE NOT LIMITED TO:
1. APPROVALS BY VARIOUS CITY DEPARTMENTS.
83
2. OBTAINING A CERTIFICATE OF USE.
3. SUBMITTING PROOF OF A CURRENT STATE LICENSE.
4. DADE COUNTY HEALTH DEPARTMENT APPROVAL.
B. A TEMPORARY PERMIT MAY BE ISSUED FO~~ A CONTINUOUS PERIOD OF NOT
MORE THAN FOUR (4) WEEKS. NO MORE THAN THREE (3) TEMPORARY PERMITS MAY
BE ISSUED TO A BUSINESS IN A ONE YEAR PERIOD BEGINNING OCTOBER 1 AND
ENDING SEPTEMBER 30.
ARTICLE ~ III. SUSPENSION AND REVOCATION I~F LICENSES AND PERMITS.
SEC. 20 25.
DENIAL.
SEC. 20-40.
GROUNDS FOR SUSPENSION, REVOCATION, AND
h & THE CITY MANAGER OR HIS DESIGNEE SHALL EITHER REVOKE OR
TEMPORARILY SUSPEND THE LICENSE OF ANY PERSON WHERE IT IS DETERMINED BY
THE CITY MANAGER OR HIS DESIGNEE THAT:
+at h THE LICENSEE HAS MISREPRESENTED OR FAILED TO DISCLOSE
MATERIAL INFORMATION REQUIRED BY THIS CHAPTER TO BE INCLUDED IN THE
LICENSE APPLICATION FORM.
fBt ~ THE LICENSEE, AS PART OF THE LICENSEE'S BUSINESS ACTIVITY
WITHIN THE CITY OF MIAMI BEACH, IS ENGAGED IN CONDUCT WHICH IS AN ACTUAL
THREAT TO THE PUBLIC HEALTH, WELFARE OR SAFETY.
fet ~ THE LICENSEE IS CONDUCTING BUSINESS FROM PREMISES WHICH DO
NOT POSSESS A VALID AND CURRENT CERTIFICATE OF OCCUPANCY AND/OR
CERTIFICATE OF USE AS MAY BE REQUIRED BY CITY AND COUNTY LAWS.
tat ~ HABITUAL CONDUCT HAS OCCURRED AT THE LICENSEE'S PREMISES
WHICH VIOLATES CITY, COUNTY OR STATE LAW.
fet ~ THE LICENSE ISSUED BY THE CITY DEPENDED UPON THE
LICENSEE'S COMPLIANCE WITH SPECIFIC PROVISIONS OF FEDERAL, STATE, CITY
OR DADE COUNTY LAW AND THE LICENSEE HAS VIOLATED SUCH SPECIFIC
PROVISIONS OF LAW.
~ ~ THE LICENSEE HAS VIOLATED ANY PROVISION OF THIS CHAPTER
AND HAS FAILED OR REFUSED TO CEASE OR CORRECT THE VIOLATION AFTER
NOTIFICATION THEREOF.
~ ~ THE LICENSEE, AS PART OF THE LICENSEE'S BUSINESS ACTIVITY
84
WITHIN THE CITY OF MIAMI BEACH, KNOWINGLY LETS, LEASES, OR GIVES SPACE
FOR UNLAWFUL GAMBLING PURPOSES AT THE LICENSEE'S PREMISES.
tat ~ THE LICENSEE WITHIN THE PRECEDING 5 YEARS IN THIS STATE,
OR ANY OTHER STATET 9R IN THE UNITED STATES, HAS BEEN ADJUDICATED GUILTY
OF OR FORFEITED A BOND WHEN CHARGED WITH SOLICITING FOR PROSTITUTION,
PANDERING, LETTING PREMISES FOR PROSTITUTION, KEEPING A DISORDERLY PLACE
OR ILLEGALLY DEALING IN NARCOTICS. OR MIY OTHER CRn1E REFLECTlnc ON
PROFECCIONAL CIIAR"lCTER.
+it ~ THE PREMI SES HAVE BEEN CONDEMNED BY THE LOCAL HEALTH
AUTHORITY FOR FAILURE TO MEET SANITATION STANDARDS OR THE PREMISES HAVE
BEEN CONDEMNED BY THE LOCAL AUTHORITY BECAUSE THE PREMISES ARE UNSAFE OR
UNFIT FOR HUMAN OCCUPANCY.
+tt 10. THE LICENSEE'S PREMISES HAVE BEEN FOUND TO CONSTITUTE A
PUBLIC NUISANCE BY THE NUISANCE ABATEMENT BOARD.
~ THE SUSPENSION OR REVOCATION SHALL BE OF THE LICENSE IN EFFECT
AT THE DATE OF SUCH SUSPENSION OR REVOCATION, EVEN THOUGH IT MAY HAVE
BEEN ISSUED TO A LICENSEE OTHER THAN THE PERSON WHO HELD THE LICENSE AT
THE TIME THE CAUSE FOR SUCH SUSPENSION OR REVOCATION AROSE.
~ NO LICENSE SHALL BE SUSPENDED UNDER THIS SECTION FOR A PERIOD
OF MORE THAN 12 MONTHS. NO NEW LICENSE SHALL BE ISSUED DURING THE
PERIOD OF SUSPENSION/REVOCATION TO THE LICENSEE, OR TO ANY OTHER FIRM IN
WHICH THE LICENSEE OR ANY OF ITS GENERAL PARTNERS. LIMITED PARTNERS.
OFFICERS OR STOCKHOLDERS OWNING 20 PERCENT OR MORE OF ITS STOCK OR
AGENTS. EMPLOYEES OR OTHER PERSONS WHO WERE ACTIVELY INVOLVED IN THE
BUSINESS UNDER SUSPENSION /REVOCATION . IS IN'1'ERESTED, FOR ANY PRE~HSE
DURING THE TErn{ OF SUCH SUSPEnSIon OR REVOCATION. AT THE END OF SUCH
PERIOD OF SUSPENSION OR REVOCATION THE LICENSEE AND/OR AGENTS. GENERAL
OR LIMITED PARTNERS. OFFICERS OR STOCKHOLDERS MAY APPLY FOR A NEW
LICENSE.
~ ~ THE CITY MANAGER SHALL DENY A LICENSE TO ANY PERSON AS
PROVIDED BY SECTION 20-10 HEREIN.
SEC. 20 26. SEC. 20-41. STANDARDS; RULE-MAKING AUTHORITY.
A SUSPENSION NOT EXCEEDING SIX MONTHS SHALL BE IMPOSED IN CASES WHERE
85
THE LICENSEE'S VIOLATION IS SHOWN TO BE INADVERTENT AND CAN BE PROMPTLY
CORRECTED BY THE LICENSEE; A REVOCATION OF THE LICENSE SHALL BE IMPOSED
IN ALL OTHER CASES. CITY MANAGER SHALL HAVE THE AUTHORITY TO ADOPT
WRITTEN ADMINISTRATIVE RULES TO ENFORCE THE PROVISIONS OF THIS ARTICLE,
WHICH RULES SHALL HAVE THE FORCE AND EFFECT OF CITY LAW, PROVIDED THE
RULES ARE APPROVED BY THE CITY ATTORNEY AND RATIFIED BY THE CITY
COMMISSION.
SEC. 20 27. SEC. 20-42. NOTICE OF VIOLATION; EMERGENCY ACTION.
IF THE CITY MANAGER OR HIS DESIGNEE BELIEVES THAT A LICENSEE HAS ENGAGED
OR IS ENGAGED IN CONDUCT WARRANTING THE SUSPENSION OR REVOCATION OF A
LICENSE, HE SHALL SERVE THE LICENSEE BY CERTIFIED MAIL OR HAND DELIVERY,
AT HIS BUSINESS ADDRESS AS DISCLOSED IN HIS APPLICATION FOR THE LICENSE,
A WRITTEN ADMINISTRATIVE COMPLAINT WHICH AFFORDS REASONABLE NOTICE TO
THE LICENSEE OF FACTS OR CONDUCT WHICH WARRANT THE INTENDED ACTION. THE
COMPLAINT SHALL STATE WHAT IS REQUIRED TO BE DONE TO ELIMINATE THE
VIOLATION, IF ANY. THE LICENSEE SHALL BE GIVEN ADEQUATE OPPORTUNITY TO
REQUEST A PRIOR ADMINISTRATIVE HEARING AS SPECIFIED HEREINBELOW, UNLESS
THE CITY MANAGER FINDS THAT AN EMERGENCY CONDITION EXISTS INVOLVING
SERIOUS DANGER TO PUBLIC HEALTH, SAFETY OR WELFARE, IN WHICH CASE
ADVANCE NOTICE AND HEARING SHALL NOT BE REQUIRED. IN THE CASE OF AN
EMERGENCY SUSPENSION OR REVOCATION, THE LICENSEE SHALL IMMEDIATELY BE
ADVISED OF THE CITY MANAGER'S ACTION AND AFFORDED A PROMPT POST-
SUSPENSION OR REVOCATION HEARING IN ACCORDANCE WITH SECTION 20 29 20-44
OF THIS ARTICLE.
SEC. 20 28. SEC. 20-43. HEARING WHEN LICENSEE OR PERMITTEE FAILS TO
COMPLY WITH NOTICE OR WHEN REQUESTED BY AGGRIEVED APPLICANT/LICENSEE.
IF A LICENSEE OR PERMITTEE FAILS TO COMPLY WITH ANY NOTICE ISSUED AS
PROVIDED ABOVE, THE CITY MANAGER OR HIS DESIGNEE MAY ISSUE AN ORDER IN
WRITING TO THE LICENSEE, BY CERTIFIED MAIL OR HAND DELIVERY, NOTIFYING
HIM TO APPEAR AT AN ADMINISTRATIVE HEARING BEFORE THE CITY MANAGER OR
HIS/HER DESIGNEE TO BE HELD AT A TIME TO BE FIXED IN SUCH ORDER, WHICH
86
DATE SHALL BE NOT LESS THAN FIVE DAYS AFTER SERVICE THEREOF. IN '1'HE
EVEnT A LICEnSEE FAILS TO COUPLY WITH A LAWFUL ORDER OF THE CITY nAN.."~GER
OR HIS DESIGNEE, THE CITY }WIAGER OR HIC DECIGNEE pv.y ORDER THE CLOCING
OF THE OFFENDING BUSINESS AND EUFORCE HIS ORDER BY ACTION OF MIAMI BEACH
POLICE DEPARTMENT. EXCEPT AS PROVIDED IN PARAGRAPH B OF SECTION 20-44
HEREIN. AN ADMINISTRATIVE HEARING MAY ALSO BE REOUESTED BY AN
APPLICANT/LICENSEE AGGRIEVED BY A DECISION OF A CODE INSPECTOR REGARDING
DENIAL OF A LICENSE. DETERMINATION OF FEES/PENALTIES DUE AND/OR WARNING
OF POTENTIAL SUSPENSION/REVOCATION FOR VIOLATION OF A PROVISION OF THIS
ORDINANCE. THE REQUEST MUST BE IN WRITING AND FILED IN THE CITY
MANAGER'S OFFICE WITHIN 10 DAYS OF RECEIPT OF THE DECISION OF THE
INSPECTOR. THE REQUEST MUST SPECIFY THE DECISION COMPLAINED OF AND THE
NATURE OF THE APPLICANT/LICENSEE'S GRIEVANCE AND MUST BE ACCOMPANIED BY
A FEE OF $75.00 TO DEFRAY EXPENSES OF THE HEARING. THE FEE WILL BE
REFUNDED IF THE APPLICANT/LICENSEE PREVAILS IN THE APPEAL.
SEC. 20 29. SEC. 20-44. HEARING PROCEDURES; ENFORCEMENT OF ORDERS.
UPON ORDER OF THE CITY UANAGER OR upon THE REQUEcT OF A PERsml WHOSE
LICENSE H.."~S BEEN DENIED OR REVOKED OR CUSPENDED BY EUERGENCY ORDER OF
THE CITY }{l~NAGER OR WHOSE LICEnSE lIAS BEEN THREATENED WITH DENIAL,
REVOCATION OR SUSPENSION BY THE CITY lil~NAGER OR HIS DESIGNEE, OR UPON
THE REQUEST OF ~'!~NY OTHER LICENSEE OR APPLICANT AFFECTED BY ACTIon OF '1'HE
CITY, A I1EARING SHALL BE PROf.TIDED. THERE WILL BE A $ 75. 00 FEE FOR .."~
HEARING IN ORDER TO DEFR"lY ~"lmHNIcTRATIVE EXPENCEE:. IF TIlE LICENSEE OR
APPLICANT PREVAILS IN HIS APPEAL, THE ENTIRE ADlfINICTR1\~TIVE HEARINC FEE
SHALL BE REFUNDED. THE HEARING SHALL BE COUDUCTED IN '1'HE FOLLOWING
'IANNER:
A. CITY MANAGER REVIEW
1. OTHER THAN AS SET FORTH IN (B) HEREINBELOW. THE CITY
MANAGER OR HIS DESIGNEE SHALL GIVE WRITTEN NOTICE OF THE TIME AND PLACE
OF THE HEARING TO THE LICENSEE/APPLICANT BY CERTIFIED MAIL OR HAND
DELIVERY AND TO THE CITY ATTORNEY'S OFFICE.
2. THE PROCEEDINGS SHALL BE INFORMAL BUT SHALL AFFORD THE
LICENSEE/APPLICANT THE RIGHT TO TESTIFY IN HIS OWN DEFENSE, PRESENT
87
WITNESSES, BE REPRESENTED BY HAIiE LEGAL COUNSEL PRECEN'1', SUBMIT RELEVANT
EVIDENCE, AN9 CROSS-EXAMINE WITNESSES+ AND OBJECT TO EVIDENCE.
3. THE PROCEEDINGS SHALL BE RECORDED AND MINUTES KEPT BY THE
CITY. ANY APPLICANT/LICENSEE REQUIRING VERBATIM MINUTES FOR JUDICIAL
REVIEW MAY ARRANGE FOR THE SERVICES OF A COURT REPORTER AT HIS/HER/ITS
OWN EXPENSE.
h h WITHIN TEN DAYS OF THE CLOSE OF THE HEARING THE CITY
MANAGER OR HIS/HER DESIGNEE SHALL RENDER HIS/HER DECISION IN WRITING
DETERMINING WHETHER OR NOT THE LICENSE SHALL BE REVOKED OR SUSPENDED OR
DENIED, OR OTHER ACTION TAKEN OR CONTINUED, AS THE CASE MAY BE, AND
STATING HIS REASONS AND FINDINGS OF FACT.
+. ~ THE CITY MANAGER OR HIS DESIGNEE SHALL FILE HIS FINDINGS
WITH THE CITY CLERK AND SHALL SEND A TRUE AND CORRECT COPY OF HIS ORDER
BY CERTIFIED REGICTERED MAIL, RETURN RECEIPT REQUESTED, OR BY HAND
DELIVERY. TO THE BUSINESS ADDRESS LISTED ON THE OCCUPATIONAL LICENSE OR
TO ANY SUCH OTHER ADDRESS AS THE LICENSEE OR APPLICANT SHALL DESIGNATE
IN WRITING.
B. BOARD OF ADJUSTMENT REVIEW
DENIAL OF A LICENSE FOR LACK OF PROPER ZONING SHALL BE APPEALABLE TO THE
BOARD OF ADJUSTMENT PURSUANT TO SECTION 16-7A.1. OF THE CITY OF MIAMI
BEACH ZONING ORDINANCE 89-2665. ALL APPEALS MUST BE SUBMITTED TO THE
BOARD OF ADJUSTMENT WITHIN 15 DAYS OF THE DATE OF THE DENIAL.
C. ADMINISTRATIVE RULINGS AS FINAL
THE CITY MANAGER'S/BOARD OF ADJUSTMENT'S FINDINGS SHALL CONSTITUTE THE
FINAL ADMINISTRATIVE ACTION OF THE CITY OF MIAMI BEACH FOR PURPOSES OF
JUDICIAL REVIEW UNDER FLORIDA LAW. THE CTANDARD OF REVIEW SHALL BE
WHETHER THE CITY ~{ANAGER/BOARD OF ADJUSTUENT' S ACTIOn OR DECISION IS
SUPPORTED BY CUBSTANTIAL cm~PETENT EVIDENCE MID WHETHER THE
ADUINICTRATIVE HEARING DEPARTED FROU THE EccEnTIAL REQUIRE}!ENTS OF LlM.
D. ENFORCEMENT
IN THE EVENT THAT AN APPLICANT/LICENSEE FAILS TO SEEK TIMELY APPELLATE
REVIEW OF AN ORDER OF THE MANAGER OR HIS/HER DESIGNEE/ADMINISTRATIVE
HEARING OFFICER/BOARD OF ADJUSTMENT. OR TO COMPLY TIMELY WITH SUCH
ORDER. THE CODE INSPECTOR MAY PURSUE ENFORCEMENT PROCEDURES AS SET FORTH
IN SECTION 20-17 OF THIS CHAPTER. BUSINESS CLOSINGS REQUIRED BY
88
SUSPENSION {REVOCATION ORDERS MAY BE ENFORCED BY THE CITY'S POLICE
DEPARTMENT.
ARTIOLE III. OONSUMER rROTEOTION.
SEC. 20 30. rURrOSES; RULES OF OONSTRUOTION.
THIS ARTICLE G~"lLL nOT SUPERSEDE, BUT cfL"lLL BE IN .."~DDITIO:N '1'0, ALL OTHER
MIAMI BEACH ORDINANCES GOVERNInG Cm9{ERCIAL ACTIVI'1'IES AND CONSUMER
PR.."~CTICES. THE PROVICIONC OF THIC ARTICLE SHALL BE CONSTRUED LIBERALLY
TO PROMOTE TIlE FOLLOWING POLICIES:
A. '1'0 PROTECT CONSill1ERS OF RETAIL GOODS, SERVICEC, PROPERTY OR
INTANGIBLES (INCLUDING BUT NOT LnUTED '1'0 RETAIL PURCH..."lSERS, PATRONS,
BORROWERS }\ND RESIDENTIAL LESSEES) FRO}! DECEPTr.7E AND UNFAIR TRADE
PR1\~CTICES BY ANY BUSINESS WITIIIN THE CITY OF PHMH BE~'\CH.
B. '1'0 M.'\KE CITY REGULhTION OF CONcmiER PR"lCTICES CONSISTEnT WITH
ESTABLICHED POLICIEC OF COUNTY, ST.."~TE AND FEDER~~L LAW RELATING '1'0
CONSm{ER PROTECTION.
SEC. 20 31. UNLAWFUL AOTS AND rRAOTIOES.
UNFAIR UETHODC OF COUPETITION AND UNFAIR OR DECEPTIVE ACTS OR PR"lCTICEC
nl CONDUCT OF ANY BUSINESS, TRADE OR cmD1ERCE ARE HEREBY DECLARED
UNLAWFUL. IT IC TIlE INTENT OF THE CITY COMMISSION THAT IN CONSTRUING
THIS SECTION, DUE CONSIDERATION AND GREAT WEIGHT SHALL BE GIVEN '1'0 THE
RULES OF TIlE FLORIDA DEPARTP{ENT OF LEGAL AFFAIRS UNDER S 501.204, FLA.
STAT. (1981) AND THE RULES AND DECISIonc OF TIlE FEDER"lL TRADE COlDHSSION
MlD THE FEDEm~L COURTS RELl~TING '1'0 S5 (A) (1) OF TIlE FEDER'\L TR'\DE
COlDHCSIon ACT (15 U.C.C. 45(A) (1), l'~S FROM TIUE '1'0 Tn~E M~EnDED.
SEO. 29 31.1.
INVESTIGATIONS AND REFERRALS.
THE CITY OF PHAlU BEACH CITY ~"lNAGER OR HIS DESIGNEE SHALL BE EUPOWERED
'1'0 INVESTIGATE ALLEGED VIOLATIONS OF THIS ARTICLE. IN THE EVENT THE
CITY MANAGER FINDS THAT PROB~"lBLE CAUSE EXISTS '1'0 BELIEVE '1'H...1\.'1' A
VIOLhTION HAS OCCURRED, HE Ifl~Y REFER TIlE CASE '1'0 THE CITY ATTOIDIEY OR
89
TAKE SUCH OTHER ACTION AS 1{l~Y BE AUTHORIZED BY THIS CH1~I''1'ER. '1'HE CITY
ATTORNEY, IN ADDITION '1'0 TIIOSE OTHER CIVIL Mm CRnfnlAL PENALTIEc
AUTHORIZED BY THIS CHAPTER, SlL'I)~LL lL"NE '1'HE DISCRETION '1'0 INI'1'IATE A
CIVIL ACTION '1'0 ENFORCE THE PROVISIOnS OF THIS ARTICLE, AS PROT.7IDED
BELOW. MIY PERSON WHO ENGAGES IN A COURSE OF BusnlESS AC'PIVITY
COlICICTnlC OF REPEATED OR EGRECIOUS, UNFAIR OR DECEP'PIVE T&"lDE
PRACTICES, SHALL ~~~VE illS OCCUPATIonAL LICENSE REVOKED BY THE CITY
~"lNAGER, IN ADDITION '1'0 }\NY OTHER CRIMINAL OR CIVIL PENALTIES AUTHORIZED
BY THIS CHAPTER, SUBJECT TO THE HEARING AnD nOTICE PROCEDURES DESCRIBED
IN ARTICLE II.
SEC. 20 32. REMEDIES OF OONsmlERS AND OITY ATTORNEY.
1'40 ANY CONSUUER nUURED OR AGGRIEVED BY AN ACT OR PR"lCTICE nl
VIOLATIOn OF THIS ARTICLE PQ.Y BRING A CIVIL ACTION FOR DAM..'I).GES AIm, IF
THE PREV."lILnIG PARTY, CHALL BE AWARDED BY TIlE COURT RE.~~SONABLE ATTOmlEY
FEEC AND COURT COSTS. IN THE EVENT THE COURT FINDS THAT SUCH AN ACTION
BY A CONS{HfER WAS FRIVOLOUS, IT CH1'.LL AWARD THE DEFENDMIT BUSINESS ITS
COURT COSTS AND ATTOIDIEY FEES.
B. THE CITY ATTORNEY IC HEREBY AUTHORIZED '1'0 BRING:
1. AN ACTION '1'0 OBTAIN A DECLARATORY JUDG'IIENT THAT AN ACT OR
PR"lCTICE VIOLl~TEE: ANY PROVISION OF THIc CHAPTER. IN THE EVENT THE CITY
INITIATEC A CIVIL ACTION AND THE RETAIL ESTABLICHUENT IS FOUND '1'0 HAVE
VIOLATED THIS ARTICLE, THE COURT SHALL AWARD THE CITY OF 'UMU BEACH
REASONABLE ATTOilllEY' S FEEC AnD COURT COCTC.
2. AN ACTION TO ENJOIN A VIOLATION BY ANY BUSINESS WHICH Hl~S
VIOLl.TED, IS VIOLATInG, OR IS LIKELY TO VIOLl~TE ANY PROVISION OF THIS
CHAPTER.
SEC. 20 33. EFFECT ON OTHER REMEDIES.
THE RE}(EDIES OF THIS ARTICLE ARE IN ADDITION '1'0 REUEDIES O'1'HERWISE
AYAILABLE FOR TIlE cM/{E CONDUCT UNDER CITY, COUNTY, cTATE OR FEDER"~L LA:W.
THIS ARTICLE Ic cUPPLEP/{ENTAL TO, AIm "AKES NO ATTE}/{PT '1'0 PREE!IIPT OTHER
90
CONSillfER I'ROTECTION LAWS AND ORDINANCES NOT INCONSISTEN'1' WITH '1'HIS PART.
SEC. 20 34. OOMrLETE rRIOE; RErRESEHTATIONSI OFFIOIAL TERMS.
'1'HE FOLLOWING CONDUCT SHl~LL CONCTITUTE PER SE VIOLATIONS OF SECTION 20
25 BUT TIllE: CECTIon c~"lLL NOT BE conSTRUED AE: AN EXCLUSIVE DEFINITION OF
UNFAIR OR DECEPTIVE Ta~DE PR}~CTICES.
A. REPRESENTATION BY AllY BUSINESS OF PRICE OF A COUl{ODITY, SERVICE
OR OTHER 'rHING OF VALUE UNLESS SUCH PRICE REPRECENTATION Ic THE cmfPLETE
PURCHASE OR LEASE PRICE, WHICH SHALL BE illlCONDITIONED AND INCLUDE ALL
C~~GES EXCEPT TAXES LEVIED AT THE RETAIL LEVEL.
B. A REPRECENTATION BY ANY BUSINECC OF BR"lND, QUALITY, QUANTITY,
TRADE NMfE, OR OTHER CHARACTER OF ANY GOODS, PROPERTY OR SERT.7ICE '1'lL~.:T IS
UNTRUE OR ~HSLEADING.
C. PACSnlG OFF GOODS OR SERVICES AS THOSE OF ANOTHER.
D. CREATnlG LIKELIHOOD OF CONFUSION OR OF }HSUNDERSTAllDING AS '1'0
THE COunCE, SPONSORCHIP, APPROVAL, OR CERTIFICATION OF GOODS OR
SERVICES.
E. CREATING LIKELIHOOD OF CONFUSION OR OF PHSUNDERSTANDING AS '1'0
AFFILIATION, CONNECTION, OR ASSOCIATION WI'1'H, OR CERTIFICATION BY
ANOTHER.
F. UCING DECEPTIVE REPRESENTATIONC OR DESIGNATION OF GEOGR~~PHIC
ORIGIN IN CONNECTION WITH GOODS OR CERVICES.
G. REPRESENTING THAT GOODS OR CERVICES lIl~VE spmISORSHIP, API'ROVAL,
CHARACTERISTICS, INGREDIENTS, USEC, BENEFITS, OR QUANTITIES, THAT '1'HEY
DO NOT HAVE OR THAT A PERSON HAS A spmlSORSHIP, APPROVAL, STATUS,
AFFILIATION, OR cmmECTION TH~"lT HE DOES NOT HAVE.
H. REPRESENTING THAT GOODS ARE ORIGINAL OR NEW IF THEY ARE
DETERIom.:TED, ALTERED, REconDITIONED, RECLAIUED, USED OR CEconD ~"-ND.
I. REPUESENTnlG THAT GOODS OR SERVICES ARE OF A PARTICUIJill
STMlDARD, QUALITY, OR GR"lDE, OR THAT GOODS ARE OF A PARTICULAR STYLE OR
lfODEL, IF THEY ARE OF ANOTHER.
J. DISP~~"'~1\.:GINC THE GOODS, SERVICES OR BUSINESS OF MJOTHER BY FALSE
OR HISLEADnlG REPRESENTATION OF FACT.
K. ADVERTISING GOODS OR SERT.7ICES WITH INTENT NOT '1'0 SELL THEM AS
91
ADVERTISED.
L. ADVERTIsnlC COODE: OR cERVICEE: WITH HITENT NOT '1'0 SUPPLY
REASONABLE EXPECTABLE PUBLIC DE~~D, UNLESS THE ADVERTISm{ENT DISCLOSES
A LnHTA'1'ION OF QUMITITY.
M. }{l~ING FALSE OR PUSLEADING STATEP{ENTS OF FACT CONCERNING '1'HE
REASONS FOR EXISTENCE OF OR M~OUNTS OF PRICE REDUCTIONS.
N. KEEPING FOR TilE PURPOSES OF GALE, ADVERTISINC OR OFFERING OR
EXPOSINC FOR GALE, OR SELLInG ANY C0l4UODITY, THnIG, OR SERVICE IN A
conDITION OR lil~lmER CONTRARY '1'0 Ll..W OR REGULATION.
o. GELLING OR OFFERING OR EXPOSING FOR CALE, LESS TlL~1 THE QUAN'1'ITY
REPRESENTED OF ANY CmDmDITY, THING OR SERVICE.
P. VIOLl~TION OF CITY, COmiTY OR STATE LAWS GOVERNING REFUND AND
EXCHANGES.
SECTION 3. REPEAL OF CHAPTER 5.
That Miami Beach City Code Chapter 5, entitled "Automobile
Shippers" is hereby repealed in its entirety.
SECTION 4.
REPEAL OF CHAPTER 8A.
That Miami Beach City Code Chapter 8A, entitled "Cardrooms" is here
repealed in its entirety.
SECTION 5.
REPEAL OF CHAPTER 9.
That Miami Beach City Code Chapter 9, entitled "Closing out Sales"
is hereby repealed in its entirety.
SECTION 6. REPEAL OF CHAPTER 11.
That Miami Beach City Code Chapter 11, entitled "Electrolysis" is
hereby repealed in its entirety.
SECTION 7. REPEAL OF CHAPTER 12.
That Miami Beach city Code Chapter 12, entitled "Employment
Agencies" is hereby repealed in its entirety.
SECTION 8. REPEAL OF CHAPTER 19.
That Miami Beach City Code Chapter 19, entitled "Jewelry and
Imported Goods" is hereby repealed in its entirety.
SECTION 9. REPEAL OF ARTICLE I, OF CHAPTER 23.
That Article I, entitled "Newsstands" of Miami Beach Code Chapter
23, entitled "Newsstands and Newsracks" is hereby repealed in its
92
entirety.
SECTION 10. REPEAL OF CHAPTER 26.
That Miami Beach City Code Chapter 26, entitled "Packers of Fruit,
Nuts, etc." is hereby repealed in its entirety.
SECTION 11. REPEAL OF CHAPTER 28A.
That Miami Beach City Code Chapter 28A, entitled "Pest Control" is
hereby repealed in its entirety.
SECTION 12. REPEAL OF CHAPTER 30.
That Miami Beach city Code Chapter 30, entitled "Private Schools"
is hereby repealed in its entirety.
SECTION 13. REPEAL OF ARTICLE III OF CHAPTER 31.
That Article III, entitled "Bingo or Guest Games" of Miami Beach
City Code Chapter 31, entitled "Public Amusements" is hereby repealed in
its entirety.
SECTION 14. REPEAL OF CHAPTER 35.
That Miami Beach City Code Chapter 35, entitled "Retail Florists
and Cut Flower Stands" is hereby repealed in its entirety.
SECTION 15. REPEAL OF CHAPTER 35A.
That Miami Beach City Code Chapter 35A, entitled "Second Hand
Dealers" is hereby repealed in its entirety.
SECTION 16. REPEAL OF ARTICLE II. CHAPTER 42.
That Article II, entitled "Automobile Rental Agencies" of Miami
Beach City Code Chapter 42, entitled "Transportation Regulations" is
hereby repealed in its entirety.
SECTION 17. REPEAL OF CHAPTER 43.
That Miami Beach City Code Chapter 43, entitled "Travel Bureaus" is
hereby repealed in its entirety.
SECTION 18. REPEAL OF SECTION 16-95, CHAPTER 16.
That section 16-95, entitled "Revocation of License" of Miami Beach
City Code Chapter 16 entitled "Health and Sanitation" is hereby repealed
in its entirety.
SECTION 19. REPEAL OF SECTION 16-96, CHAPTER 16.
That section 16-96, entitled "License From State Prerequisite to
Issuance of City License" of Miami Beach City Code Chapter 16, entitled
"Health and Sanitation" is hereby repealed in its entirety.
93
SECTION 22. EFFECTIVE DATE.
This Ordinance shall take effect on the
September
1992.
PASSED and ADOPTED this
2nd
ATTEST:
~A.~ ~.~
CITY CLERK
1st reading 7/22/92
2nd reading 9/2/92
FORM APPROVED
LEGAL DEPT.
By S~ Jf: 8~
Date 7- t~ -Cf ~
,',
12th
day of
94
MAYOR
, 1992.
..~
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
TO:
COMMISSION MEMORANDUM NO. ~~O-gL-
Mayor Seymour Gelber and
Members of the City Commission
DATE:July 22, 1992
FROM: Roger M. Car1t~ A A /:J /
City Manage~~/~
SUBJECT: REVISION OF CHAPTER 20 OF THE CITY CODE ENTITLED
"BUSINESS LICENSES"
-~_."
Administrative Recommendation
The Administration recommends that the proposed rewrite of Chapter
20 of the City Code entitled "Business Licenses" which updates and
simplifies the existing ordinance and would repeal twelve chapters
of the City Code be approved.
Analysis:
The fee schedule is at the maximum allowed by state statutes.
Additional accessory categories have been added at reduced rates
and a few classifications have been adjusted to alleviate the prior
inequities in the fee schedule.
20
20-1
20-2
20-3
20-4
20-5
20-6
20-7
20-8
20-9
20-10
- Definitions expanded from 5 to 58.
- Business Licenses Required: no change.
- Application of other Laws: revised to include County,
state, and Federal ordinances, regulations and laws
and added phrase "or manner of conducting a business
activity".
Duration..Expiration..Transfers: same content and
meaning, but reworded with changed format for
clarification.
Pro Rata Payment..Refunds: unchanged.
Cumulative Effect of Article: minor change; added
words "ordinances and regUlations".
Business Limited by Licenses: no change.
Posting: no change.
Convention Center..Exemption: no change.
Responsibility..Liability of Officers: minor change;
replaced the word "a" with the word "the".
Application Procedures..Denial: expanded to list
additional grounds for denial of license to match
section 20-43 and to specifically list the following
requirements; retail value of stock, CU, state of
Florida License.
7
AGENDA
ITEM
R-~-e
'-2-g2-
DATE
20-11 - Schedule of Fees: additional classifications:
adjustments due to state statute changes and
language streamlining for the business climate
of today.
(4) ACLF - added note "state License Required".
(6) Agent, Bureau - removed real estate now
specifically listed in #(178), added words "unless
covered elsewhere in this section", added subsection
(c) specifically stating charge for each broker.
(7) Alcoholic Beverage Vendor & Bottle Club license
fees, provided new category - Bottle Clubs.
(8) Alterations - added tailor to classification title.
(9) Amusement Attraction/Ride - new category reflecting
state requirements.
Antique Dealer - provided new category.
Apartment houses - deleted language repeated
elsewhere in chapter and added "less kitchens and
bathrooms".
Arcade - provided fee for each machine previously
listed elsewhere in the section.
Auction business - provided new classification.
Automobile/Truck - deleted previous code
references, replaced with correct section
references, deleted antiquated language, provided
new categories for car wash and detailing, garage~
(moved from alphabetical G section) and used vehicle
dealers previously listed under 2nd Hand Dealers.
Automobile for Hire.. - provided new category for
limousine services.
(22) Automobile Shippers - noted bond required.
(23) Baggage and Transfer Business - added note for
clarification.
(34) Billiard or Pool Tables - deleted antiquated
language.
(35) Boat Livery - added, requires special approvals and
insurance for clarification.
(36) Boat or Surfboard Rentals - deleted language no
longer accurate and clarified.
(37) Boats and Slips - deleted unnecessary language,
clarified, provided categories for used boat
dealers, ferry terminals and water taxis.
(39) Building & Loan Associations - provided category for
automatic teller machines.
(51) Closing out Sales - provided for additional 15 day
periods, deleted instructional language enumerated
elsewhere.
(53) Coin operated Merchandise or Service Vending Mach. -
added the word "or", deleted postage stamps now
listed elsewhere.
(62) Day Care Centers & Nursery Schools - provided new
category (previously encompassed under private
school category).
(65) Doctors, Physicians, etc.. - deleted pharmacists as
per State Statutes.
(70) Electrologists - added clarification on State
license requirements.
(71) Employment Agency, Escort Services - added
clarification on bond requirements.
(75) Express Companies - pprovided clarification
for private mail services, packaging and sending
services and provided more equitable means of
computing fees.
(76) FAX service - provided new classification for main
occupation and accessory occupation previously
listed under Telegraph Service.
(78) Florist - deleted language no longer applicable.
(79) Flower Stand - deleted language no longer
applicable.
(80) Food sales (Retail) - developed more equitable
system of computing license fees.
(10)
Note: All (11)
classifica-
tions with
a number (13)
greater
than 9 ( 19 )
have been (20)
renumbered
due to the
addition
of new
classifica-
tions. (21)
., ,. 8
.,
(82) Fortune Teller - added words "each individual"
for clarification.
(83) Fruit, Nut, etc. Packing, Shipping.. - deleted the
word "code", added the word "chapter".
(86) Gallery - provided new category.
(89) Gasoline - Wholesale Dealer.. - provided
clarification.
(90) Golf, Practice Driving Courses - provided new
classification for miniature golf course.
(96) Health Club, Gym - added state requirements for
clarification.
(105) Insurance Agency - provided for new classification
previously encompassed under agent/broker category.
(111) Jewelers - provided more equitable means of
computing fee.
(113) Kosher Products - Minor changes for clarification.
(119) Laundry & Dry Cleaning - eliminated the need for a
separate dry cleaning and laundry licenses by
combining the two categories, accessory folding and
hand ironing added to coin operated laundry business
category with no added fee, minor format changes for
clarification purposes.
(122) Manufacturers - added assembling to classification.
(124) Machines & Games - Removed definitions, requirements
and instructions now located in section 20-27. "~.
(126) Massage Clinic - provided new classification.
Massage Therapist - updated language to mirror state
statutes.
(127) Merchants - developed more equitable means of
computing license fees.
(129) Modeling Agency - included Talent Agency in
classification title matching state statutes.
(133) Mortgage Broker - provided classifications for
Mortgage Broker Firms, Brokers and Salesmen.
(135) Motor Scooter Rental Agency - deleted antiquated
language and moved instructions to section 20-33.
(141) Notary Public - provided new category for main
and accessory occupations.
(147) opticians - format change and the addition of the
word "also" for clarification.
(148) optometrist - format change and the addition of the
word "also: for clarification.
(156) Pawnbrokers - renumbered, text was revised and
placed in section 20-38.
(157) Pest Control - new classification, change from
exterminator to mirror State statutes and reflect
state requirements.
(158) Pharmacy - new classification, added to mirror state
statutes.
(161) Photography - title changed, sub-classifications
added to more accurately reflect the industry.
(166) Post Box Rentals - new classification previously
licensed under equipment rental, same fee.
(167) Postage Stamp Sales - classification expanded and
title changed (previously (181) Stamp Machine
Dealer) .
(168) Printing and Copy Service - added accessory
classification.
(172) Production Company - new classification.
(173) Professional Association/Professional Corporation -
new classification.
(178) Real Estate Brokers - new classification added for
clarification previously licensed under
agent/broker classification.
(180) Restaurants.. - deleted the word "public".
(184) Sales Office, Developers Temporary - classification
title changed and instructional verbiage deleted.
(188) Shoe Repairing - specific sub-classifications
clarified.
(191) sign writers - deleted instructional language.
.," 9 '
20-12 - Fees For All Other Businesses: Deleted references to
Dade County codes and provided fee schedule.
20-13 - Investigation to Determine Compliance: renumbered, no
other changes.
Penalty for Late Payment: renumbered, no other
changes.
20-15 - Collection of Delinquent Fees: renumbered - previous
section on guns deleted due to state law changes.
- Penalties for False Disclosure: renumbered.
- Property Owner's Responsibility: additional section.
- Revocation Due to Insurance Lapse: clarified &
renumbered.
20-19 - Revocation Due to Bond Cancellation: renumbered only,
no change. .
20-20 - Penalties, Daily Offenses: Renumbered, Code
Enforcement Board & Special Master specifically
listed and clarification of lien policy.
20-21 - Amusement Attraction/Ride: New section in accordance
with state Statutes.
20-22 - Automobile Rental: new section, a revision of City
Code Chapter 42 Article II.
20-23 - Automobile Shippers: new section, a revision of
City Code Chapter 5.
20-24 - Bottle Clubs: new section in accordance with state
statutes.
20-25 - Card Rooms: new section, a revision of City Code
Chapter 8A.
20-26 - Closing out Sales: new section, a revision of City
Code Chapter 9.
20-27 - Coin-operated Machines, Arcades: renumbered,
transferred requirements from section 20-11,
clarified.
Contractor's Permit: renumbered only, no other
changes.
20-29 - Employment Agencies, Janitorial & Escort Services:
new section,. revised version of City Code Chapter
12.
20-30 - Fruit Shippers: new section, revised version of City
Code Chapter 26.
- Insurance Agents: renumbered, no other changes.
- Medical Clinics..Physicians: renumbered & clarified.
- Motor Scooter Rental Agency: new section.
- Newsstands: new section, revised version of City Code
sections 23-1 through 23-8.
20-35 - parking Lots..Valet Parking: renumbered & revised for
clarification.
(193)
(198)
(200 )
(201)
(202)
(204 )
(211)
(216 )
(217)
(218)
(219)
(223)
(226)
(229)
20-14
20-16
20-17
20-18
20-28
20-31
20-32
20-33
20-34
Soda Fountains - deleted licensing exemption for
drugstore and confectionery store and provided for
inclusion of frozen yogurt within this category.
Stock Brokers - provided fee for salesmen.
Tailor/Alterations - title change and provided
accessory classification.
Talent/Modeling Agency - new classification.
Tax Collection Agencies.. - provided accessory
classification.
Telegraph Companies - deleted FAX Service which now
has its own category.
Theaters - developed more equitable means of
licensing smaller theaters.
Towel & Linen Supply Service - deleted licensing
requirement for each delivery person.
Tow Truck - added "or Towing" for clarification.
Transportation Service - added insurance required.
Travel Bureaus.. - added "S.R." (State
Requirements) .
Valet Parking.. - added insurance required.
Video Tape Rental - allowed accessory rental of tape
players and camcorders in main category and provided
a tape rental accessory classification.
Window Cleaners & Janitorial Services - added bond
required.
': .
19
20-36
20-37
20-38
20-39
20-40
20-41
20-42
20-43
20-44
20-45
20-46
20-47
CONCLUSION
- Pest Control: new section, revised version of City
Code Chapter 28A as per state statutes.
- Private Schools: new section, revised version of City
Code Chapter 30.
- Recyclers..second Hand Dealers: new section, revised
version of City Code Chapter 35A.
- Residential Landlords: renumbered & clarified,
deleted portions preempted by state & county law.
- Florists & Cut Flower Stands: new section, revised
version of city Code Chapter 35.
- Travel & Tour Operators: new section, revised and
updated version of City Code Chapter 43 to match
state requirements.
- Temporary Permits: new section providing for
temporary permits.
- Suspension, Revocation & Denial: renumbered & format
change for clarification only.
- Standards & RUle-Making: renumbered.
- Notice of Violation, Emergency Action: renumbered.
- Failure to Comply with Notice: renumbered.
- Hearing Procedures: renumbered and provides time
limit and process for appeals.
-T~
The goal was to place all occupational licensing fees,
requirements, and regulations in one location in the City Code;
while updating and simplifying the language for the benefit of both
the public and city staff.
11