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98-3148 ORD ORDINANCE NO. 98-3148 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE MIAMI BEACH CITY CODE, ENTITLED "TAXATION" ARTICLE V OCCUPATIONAL LICENSE TAX OF THE MIAMI BEACH CITY CODE, AMENDING BY ELIMINATING SUBSECTION 102-362(2), AMENDING 102-371(G) BY ELIMINATING REQUIREMENT OF ANNUAL RENEWAL, AND AMENDING 102-371(H) BY REQUIRING ANNUAL SUBMISSION WITH RENEWAL IN THE CASE OF SELLERS OF TRAVEL ONLY; AND AMENDING 102-372 TO AS A GROUND FOR DENIAL OR RENEWAL IF THE APPLICANT IS DELINQUENT IN PAYMENT OF ANY LICENSE FEE; CODE ENFORCEMENT LIEN; SPECIAL ASSESSMENT LIEN AND OR ANY OTHER DEBT OR OBLIGATION DUE THE CITY UNDER STATE OR LOCAL LAW; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Subsection 102-362 (2) of Miami Beach City Code Chapter 102, entitled "Transfer of license after relocation" is hereby amended as follows: (2) The existing license must be submitted to the code compliance department. SECTION 2. That Subsection 102-371 (g), (h) of Miami Beach City Code Chapter 102, entitled "Application procedures; grounds for denial." is hereby amended as follows: (g) Smoke detector form. All apartment houses, hotels, rooming houses, boardinghouses, 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 8flrl annually ther-eafter at the time of rcne'vval. 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 article. (h) State license. All businesses and professions regulated by the state must submit a copy of their current state license prior to the issuance of their original city licenses and thereafter each year at time of renewal in the case of sellers of travel only. 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. SECTION 3. That Subsection 102-372 of Miami Beach City Code Chapter 102, entitled "Grounds for denial" be amended to include section (15) as follows: (15) The applicant is delinquent in the payment of any License Fee imposed under this Article: Code Enforcement Lien: Special Assessment Lien and/or any other debt or obligation due to the City under State or Local Law. SECTION 4. That Subsection 102-374 of Miami Beach City Code Chapter 102, entitled "Penalty for late payment" be amended to include section (c) as follows: (c) Renewed licenses will not be issued until all delinquent payments for any License Fee imposed under this Article: Code Enforcement Lien: Special Assessment Lien and/or any other debt or obligation due to the City under State or Local Law has been paid in full. Any debt or obligation shall not be deemed due if any appeal has been timely filed and has not been disposed of. SECTION 5. REPEALER All ordinance or parts of ordinance in conflict herewith be and the same are hereby repealed. SECTION 6. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect on the14th day of Nov. ,1998. PASSED AND ADOPTED this 4th day of November ,1998. ryj~ MAYOR ATTEST: ~LPtIN~ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CITY CLERK ~9 1st reading 10/7/98 2nd reading 11/4/98 CITY OF MIAMI BEACH Office of the City Manager Interoffice Memorandum m To: Mayor Neisen O. Kasdin and Members of the City Commission Date: August 5, 1998 From: Sergio ROdrigUeZ;~~ City Manager Q.JJ "'\ Subject: Budget Advisory Committee Motions The Budget Advisory Committee would like you to be aware of the attached motionS adopted and approved at their July 28, 1998 committee meeting. S~Y'{IJC/OdP AtTnts cc: ~ray Dubbin, City Attorney ~ h Walker, Finance Director SAC MOTION The members of the Budget Advisory Committee unanimously approved the following motion at their July 28, 1998 meeting. The City should complete a five year Budget plan at a macro level beginning for the FY1999/00 with amounts for certain categories beginning during FY1998/99 budget year for FY2000 thru 2004. Submitted by: Larry Herrup, Chairperson Budget Advisory Committee SAC MOTION The members of the Budget Advisory Committee recommend the adoption of the amendment to City Code 102-372 as outlined by the City Attorney in the attached document. This motion was duly approved and adopted by the BudgetAdvisory Committee at its July 28, 1998 meeting. Submitted by: Larry Herrup, Chairperson Budget Advisory Committee CITY OF MIAMI BEACH CITY ATTORNEY'S OFFICE TO: ,The Chairman and Members of the Budget Advisory Committee FROM: Murray H. DubbJr,1 . City Attorney / (f1 July 23, 1998 DATE: SUBJECT: Renewal of Licenses In regard to your inquiry and motion of June 9, 1998, I have reviewed the City ordinances relating to issuance of occupational licenses and their renewal in order to determine whether the present Code provides a mechaniqn to prohibit automatic license renewals for properties or businesses with delinquent taxes/fines assessments. There being no clear language to accomplish the above, I sought an appropnate place to insert an amendment to the Code that would accomplish what you have recommended. I refer you to Section 102-372 of the City Code. For your conv~ence, I have attached a copy of that section together with subsequent sections through Section 102-377. Section 102-372 provides 14 grounds for denial of a business license, including violation of any provision of the Taxation Article and failure or refusaI to correct the violation after notification [Sub- paragraph (11)]. To make things clearer, I recommend the addition ofa paragraph (15) to read as follows: (15) Delinquency of payment of any License Fee imposed under this Article: Code Enforcement Lien; Special Assessment Lien and/or any other debt or obligation due to the City under State or Local Law. . The accomplishment of the above would require an Ordinance amending Section 102-372. By a copy of this memo to the City Manager and Finance Director as well as the Mayor and Members of the City Commission, I await review and any other recommendations you or other recipients might have. Respectfully submitted. MHD:Im Enc!. (i) Alcoholic beverage establishments. AU estab- lishments that serve alcoholic beverages shall submit a completed form supplied by the city acknowledging that they are aware of the require- ments ofF.S. f 562.11, which prohibits the serving of alcoholic beverages to minors, and that they agree to comply with this requirement as a con.. . dition of holding the city license applied for. COrd. No. 95-2995, ~ 2{20-10{a)), 6-7-95) Sec_ 102-372. Grounds tor deniaL Any person whose application for a license has been denied may seek ~ hearing under section 102-385. An. application for a business license under this article may be denied on the following grounds: (I) That the applicant has Called to disclose or has misrepresented information re- quired by this article in the application. (2) That the applicant c:uir!ntly has a license under suspension or revocation. When- ever any-business license has been sus- pended or revoked by the city for any cause whatsoever, DO su~sequent license shall be issued during the period of sus- pension/revocation to the licensee or to any other firm in which the licensee or any of its general partners, limited part- ners, officers or stockholders owning 20 percent or more of its stock or agents, employees or other persons who were ac- tively involved in the business under sus- pension/revocation. (3) That the applicant desiring to engage in the business as described in the applica- tion has selected a proposed site or type of business activity which does not comply with the city's zoning ordinance 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 insur- ance at the limits required of his busi- ness. (6) That the applicant has failed to obtain a certificate of use as required by section 14-66(3) of this Code. . CD 102:33 .' TA."<ATION 1102-3~ (7). The certificate of use for the proposed business has been denied, suspended or revoked for any reason. . (S) The applicant's proposed business activo ity or portion thereOf consists of conduct that is an actual threat to the public health, welfare or safety. (9) Habitual conduct has occo.ured at the applicant's premises that violates city, county or state laws. (10) The issuance of a license is based on the applicant's compliance with specific pro- visions oCfederaI, state, city or county law and the applicant has violated such spe- cific provisions. ell) The applicant has violated any provision of this article and has failed or refused tc cease or correct the violation after notifi. c:tion thereot: (12) The applicant within the preceding five 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, pander. ing, letting premises for prostitution, keep- ing a disorderly place, or illegally dealing in narcotics. (13) The premises have been condemned by the local health authority for failure tc meet sanitation standards or the premo ises have been condemned by the local authority because the premises are un. sate or unfit tor human occupancy. (14) The applicant's premises have been found to constitute a public nuisance by the nuisance abatement board as provided in sectio~ 70-206 et seq. (Ord. No. 95-2995, f 2(20-10), 6-7-95) See. 102-373. Investigation to determine compliance with article. The city manager or his designee may investi- gate persons engaged in any business encom. passed by this article and make such inquiry a! shall be necessary to determine whether or not . 102-373 MIAMI BEACH CODE such persons have procured a license as required by this article, or engaged in conduct which vio- lates this article or chapter 18. (Ord. No. 95-2995, f 2(20-13), 6-7-95) See. 102-374. PeDalty tor late payment. (a) Any person engaging in any business with- out obtaining a valid license under this article shall be subject to a penalty of twice the applica- ble license fee in addition to any other penalty provided by this article or any other law. (b) All license renewal fees are due and pay- able on October 1 of each year. Any person failing to timely apply for the annual renewal of a 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 b.Y the city prior to the first day of each penalty month to avoid additional penalties; however, the total delin- quency penalty shall not exceed 25 percent of the license tax. (Ord. No. 95-2995, f 2(20-14), 6-7-95) State law relenmce-Similar provWoDS. F.s. f 205.'043. See. 102-375. Penalties tor 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 be subject to the civil and admin- istrative penalties authorized by this article and state law. (Ord. No. 95-2995, f 2(20-15), 6-7-95) See. 102-376. Property owner's responsibU- ity. It s.hall be unlawful and a violation of this article for any person to operate or permit to operate upon his property a business not cur- rently licensed as required by this article. (Ord. No. 95-2995, ~ 2{20-16), 6-7-95) See. 102-377. PeDalties, enforcement; collec- tion ot delinquent tees and tazes, and c:rinlinal penalties. (a) 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 CDI02:34 who violates any other provision of this article shall be cited with a notice of violation as pro- vided in chapter 30 of this Code and shall be subject to one or more of the following enforcement! collection procedures: (1) ,Prosecution before the city's special mas- . ter, as provided in chapter 30, with pen- alties as set forth therein. (2) SuspeDsiODlrevocation proceedings as set forth m section 102-385. (3) Suit fo.r iIijunctive relief to enjoin opera- tion of the business in violation of this article. (b) 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 that become due and payable to the city after the effective date of this section is recorded in the public records of the county, the notice shall constitute a s~ assessment lien upon all. real and personal property of the busi- ness 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. (e) In addition to.the above, a violation of this section shall be punished by imprisonment not to exceed 60 days or by imposition of a tine not to exceed $500.00 or both. (Ord. No. 95-2995, f 2(20-i7), 6-7-95; Ord. No. . 96-3044, f I, 5-1-96) - ( ; . See. 102-378. Lapse ot iDsurance, bond. Those occupations requiring insurance as a prerequisite 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 . ensure 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 required by this article for the ~ITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 :tp:\\ci. miam i-beach. fl. us COMMISSION MEMORANDUM NO. ~~ TO: Mayor Neisen O. Kasdin and Members of the City Co mission DATE: November~, 1998 FROM: Sergio Rodriguez City Manager SUBJECT: AN ORDIN E OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE MIAMI BEACH CITY CODE, ENTITLED "TAXATION" ARTICLE V OCCUPATIONAL LICENSE TAX OF THE MIAMI BEACH CITY CODE, AMENDING BY ELIMINATING SUBSECTION 102-362(2), AMENDING 102-371(G) BY ELIMINATING REQUIREMENT OF ANNUAL RENEWAL, AND AMENDING 102-371(H) BY REQUIRING ANNUAL SUBMISSION WITH RENEWAL IN THE CASE OF SELLERS OF TRAVEL ONLY; AND AMENDING 102-372 TO AS A GROUND FOR DENIAL OR RENEWAL IF THE APPLICANT IS DELINQUENT IN PAYMENT OF ANY LICENSE FEE; CODE ENFORCEMENT LIEN; SPECIAL ASSESSMENT LIEN AND OR ANY OTHER DEBT OR OBLIGATION DUE THE CITY UNDER STATE OR LOCAL LAW; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATIVE RECOMMENDATION: Adopt the the Ordinance. BACKGROUND: At its July 28, 1998 meeting, the Budget Advisory Committee recommended that the licensing ordinance be amended to include a section that strengthens the City's ability to collect debts owed to it. Pursuant to their recommendation, amendments to the City Code Section 102-372 for new occupational licenses and to the City Code Section 102-374 for renewals of occupational license will strengthen collection procedures by withholding occupational licenses until any outstanding Code Enforcement Lien; Special Assessment Lien and/or any other debt or obligation due to the City under State of Local Law has been satisfied. Additionally, we are amending two additional Sections of the City Code to conform to procedures currently in effect. This will also expedite the renewal process for the issuance of occupational licenses. The proposed change to the City Code Section 102-362(2) eliminates a requirement which was made obsolete when the Finance Department was made the administering department for occupational licenses. The proposed change to City Code Section 102-371 (g),(h) eliminates AGENDA ITEM R ::) f\ DATE~ additional forms which duplicate the Fire Department's Annual Fire Inspection Report. State license requirements are to be in conformance with Florida Statute 205.194 and 205.1971. The Ordinance was approved on first reading by the City Commission on October 7, 1998. ANAL YSIS: Miami Beach City Code Chapter 102 authorizes the City to collect fees for various types of occupational licenses. The proposed amendments will both streamline and strengthen collection procedures for debts or obligations due to the City. CONCLUSION City Commission should adopt the ordinance in order to strengthen collection efforts. SRjp:w,:GE:jlm A.\LI~PD