2015-3926 Ordinance ORDINANCE NO. 2015-3926
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
18 OF THE CITY CODE, ENTITLED "BUSINESSES," BY
AMENDING ARTICLE XVI TITLED "NUDE DANCE
ESTABLISHMENTS," BY CREATING SECTION 18-914
THEREOF TO BE ENTITLED "COMPENSATION STANDARDS
FOR WORKERS AND PERFORMERS," WHICH PROVIDES
REQUIREMENTS REGARDING THE METHOD OF
COMPENSATION FOR THOSE WORKERS AND PERFORMERS
IN NUDE DANCE ESTABLISHMENTS; AND AMENDING
SECTION 18-915 ENTITLED "ENFORCEMENT; PENALTIES,"
BY SETTING FORTH PENALTIES FOR A VIOLATION OF
SECTION 18-914; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, human trafficking is a growing problem in the State of Florida, and has risen
to the second most common criminal activity behind the illegal drug trade; and
WHEREAS, the Mayor and City Commission passed Ordinance No. 2015-3917, which
sought to address the exploitation of victims that are trafficked for sex or sexual performers in
adult entertainment businesses and establishments; and
WHEREAS, the City has recognized the existence of financial compensation of those
criminals whom are engaged in human trafficking, and has a legitimate governmental interest in
ensuring that workers and performers are directly compensated by the nude dance
establishment; and
WHEREAS, the City acknowledges that workers and performers in nude dance
establishments must be compensated directly, and the enactment of this amendment will
prohibit third parties from receiving the compensation of the workers or performers.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 18 of the Code of the City Miami Beach is hereby amended to
create Article XVI thereof, to be entitled "Nude Dance Establishments," as follows:
CHAPTER 18
BUSINESSES
* *
Article XVI. Nude Dance Establishments.
Sec. 18-914. Enfercementpecia4tie&Compensation Standards for Workers and
Performers.
A nude dance establishments, as defined in Section 142-127 of the City Code, and as such
Section may be amended from time to time, must:
1. Provide direct monetary or non-monetary compensation to any worker or performer at a
nude dance establishment, and shall maintain documentary proof acknowledging that
the monetary or non-monetary compensation was directly received by the worker or
performer. The documentation must identify the performer or worker receiving the
compensation, and will acknowledge that no other individual, person or entity was
entitled to, or received the compensation on behalf of the worker or performer. The
nude dance establishment shall not compensate any worker or performer through a
third-party intermediary or business entity.
A nude dance establishment shall maintain these compensation records for
performers and workers, and the City shall have a right to request and inspect
the records for any and all workers or performers at a nude dance establishment.
2. A worker or performer who works or performs at a nude dance establishment for a
period of less than four (4) days within a calendar year shall be exempt from this
Section.
Sec. 18-915. Enforcement; penalties.
(a) Civil fine for violators. The following civil fines must be imposed for a violation of
Sections 18-913 and 18-914:
LU First offense within a 12 month period must be a fine of$5,000.00;
(2) Second offense within a 3 year period must be a fine of$10,000.00;
(3) Third offense and subsequent offenses within a 5 year period must be a fine
of$20,000.00.
Enforcement. The Code Compliance Division or the Miami Beach Police Department
shall enforce the provisions of this section. This shall not preclude other law
enforcement agencies or regulatory bodies from any action to assure compliance
with this section, and all applicable laws. If an enforcing officer finds a violation of this
section, the officer may issue a Notice of Violation to the violator. The Notice of
Violation must inform the violator of the nature of the violation, amount of fine for
which the violator is liable, instructions and due date for paying the fine, notice that
the Violation may be appealed by requesting an administrative hearing within ten
days after service of the Notice of Violation, and that failure to appeal the violation
within the ten days, shall constitute an admission of the violation and a waiver of the
right to a hearing.
f_cl Rights of violators; payment of fine; right to appear; failure to pay civil fine or to
appeal.
(1) A violator who has been served with a Notice of Violation must elect to either:
a. Pay the civil fine in the manner indicated on the Notice of Violation; or
b. Request an administrative hearing before a special master to appeal
the Notice of Violation, which must be requested within 10 days of the
issuance of the notice of violation.
gi The procedures for appeal by administrative hearing of the Notice of Violation
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shall be as set forth in sections 30-72 and 30-73.
g If the named violator, after issuance of the Notice of Violation, fails to pay the
civil fine, or fails to timely request an administrative hearing before a special
master, the special master may be informed of such failure by report from the
officer. Failure of the named violator to appeal the decision of the officer
within the prescribed time period must constitute a waiver of the violator's
right to an administrative hearing before the special master, and must be
treated as an admission of the violation, which fines and penalties to be
assessed accordingly.
A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal
property owned by the violator, which may be enforced in the same manner
as a court judgment by the sheriffs of this state, including levy against the
violator's real or personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the
recording of any such lien that remains unpaid, the City may foreclose or
otherwise execute upon the lien.
(5) Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
(6) The Special Master shall be prohibited from hearing the merits of the Notice
of Violation or the consideration of the timeliness of a request for an
administrative hearing, if the violator has failed to request the administrative
hearing within ten (10) days of the issuance of the Notice of Violation.
(7) The Special Master shall not have discretion to alter the penalties prescribed
in Section 18-915.
Enhanced penalties. The following enhanced penalties must be imposed, in addition
to any mandatory fines set forth in Sections 18-915 above, for violations of Sections
18-913 or 18-914:
al Enhanced Penalties for this Section:
(a) If the offense is a second offense within the preceding 3 year period of
time, in addition to the fine set forth in Subsection 18-915(a), the property
owner, company or business entity must be prohibited from operating the
nude dance establishment for a three (3) month period of time.
If the offense is a third offense, in addition to any fine set forth in
Subsection 18-915(a), the property owner, company or business entity
must be deemed a habitual offender, and the City Manager may revoke
the business tax receipt or the certificate of use issued to such person,
company or business entity that have been deemed habitual offenders
pursuant to this section for a period not to exceed one year.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
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repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 21 day of March_, 2015.
PASSED AND ADOPTED this 1 day of rn arck , 2015.
ATTEST:
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tra M1AMJ BEACH
OFFICE OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: HONORABLE MAYOR PHILIP LEVINE SECOND READING
MEMBERS OF THE CITY COMMISSION PUBLIC HEARING
JIMMY L. MORALES, CITY MANAGER
AGUILA, CITY ATTORN s\J�
FROM: RAUL J. AGU ,�,���
DATE: MARCH 11, 2015
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE
CITY CODE, ENTITLED "BUSINESSES," BY AMENDING ARTICLE XVI
TITLED "NUDE DANCE ESTABLISHMENTS," BY CREATING
SECTION 18-914 THEREOF TO BE ENTITLED "COMPENSATION
STANDARDS FOR WORKERS AND PERFORMERS," WHICH
PROVIDES REQUIREMENTS REGARDING THE METHOD OF
COMPENSATION FOR THOSE WORKERS AND PERFORMERS IN
NUDE DANCE ESTABLISHMENTS; AND AMENDING SECTION 18-915
ENTITLED "ENFORCEMENT; PENALTIES," BY SETTING FORTH
PENALTIES FOR A VIOLATION OF SECTION 18-914; PROVIDING
FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
The City Manager and City Commission passed Ordinance No. 2015-3917, to prevent
the possibility of human trafficking in those nude dance establishments operating within
the City of Miami Beach. The State of Florida has experienced elevated incidents of
human trafficking, which includes the exploitation of victims that are trafficked for sex or
sexual performances, in adult entertainment businesses and establishments.
Commissioner Tobin has proposed an Ordinance amendment to better protect those
that might become victims to trafficking for sex or sexual performances in adult
entertainment businesses and establishments. This Amendment is vital to the
protection of the public health, safety and welfare of the citizens and visitors of the City
of Miami Beach. The Amendment will establish compensation requirements, and
protect workers and performers in nude dance establishments, and prohibit third
persons or parties from receiving monetary compensation for those workers or
performers at these nude dance establishments.
The Amendment to the Ordinance was presented to the Mayor and City Commission at
their regularly scheduled meeting on February 11, 2015, and was passed after First
Reading without any further modifications.
RJA/AB/sc Agenda Item RSA
Date 3-11-I
MIAMI HERALD l MiamiHerald.corn NE THURSDAY,FEBRUARY 26,2015 l 15NE
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the following public hearings will be held by the Mayor and City
Commission of the City of Miami Beach,Florida,in the.Commission Chambers,Third Floor,City
Hall,1700 Convention Center Drive,Miami Beach,Florida,on Wednesday,March 11,2015,at the
times listed,or as soon thereafter as the matter can be heard:
10:00 a.m.
A Resolution Pursuant To City Code Section 118-563,To Grant A Certificate Of Appropriateness
For The Total Demolition Of The Existing Bandshell And Recreation Center Buildings,And The
Construction Of A Portion Of The Proposed Miami Beach Convention Center Building And
Landscape Plan Within The Boundaries Of The 21st Street Community Center Historic Site.
Inquiries may be directed to the Planning Department at 305.673.7550.
10:05 a.m.
A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
At its February 2,2015 Meeting,To Approve The Vacation Of The Right Of Way Known As Liberty
Avenue(Palm Avenue)Between 22nd Street(Ocean Avenue)And 23rd Street(Atlantic Avenue),
Which is A 50 Foot In Width Right-Of-Way, Containing Approximately 12,500 Square Feet In
Total Area,As Shown On The Plat Of Amended Map Of The Ocean Front Property Of The Miami
Beach Improvement Company,Recorded In Plat Book 5 At Page 7,Of The Public Records Of
Miami-Dade County,In Favor Of The City Of Miami Beach,(The Applicant);Waiving By 5/7th Vote,
The Competitive Bidding And Appraisal Requirements Pursuant To Section 82-39(a)And(b)Of
The City Code,Finding That The Public Interest Would Be Served By Waiving Such Conditions.
inquiries may be directed to the Capital Improvements Office at 305.673.7071.
10:10 a.m.
A Resolution Following A Duty Noticed Public Hearing,As Required Pursuant To Section 82-93 Of
The City Code.Approving The Renewal Of An Existing Revocable Permit For Vera Mender And The
Drake Condominium Association,Inc.,To Continue To Retain An Existing Handicap Access Ramp
In The City Right-Of-Way Abutting The Drake Condominium,Located At 1460 Ocean Drive,Miami
Beach,Florida,And Authorizing The Mayor And City Clerk To Execute An Agreement Extending
The Revocable Permit,Such Agreement Extending The Term For An Additional Twenty(20)Years,
Inquiries maybe directed to the Office of the City Attorney at 305.673.7470 and/or the Public Works
Department at 305.673.7080.
10:15 a.m.
A Resolution Adopting The Third Amendment To The Capital Budget For Fiscal Year 2014/15.
Inquiries may be directed to the Office of Budget and Performance improvement at 305.673.7510.
10:20 a.m.
An Ordinance Amending Chapter 18 Of The City Code,Entitled"Businesses,"By Amending Article
XVI Titled "Nude Dance Establishments," By Creating Section 18-914 Thereof To Be Entitled
'Compensation Standards For Workers And Performers,"Which Provides Requirements Regarding
The Method Of Compensation For Those Workers And Performers In Nude Dance Establishments;
And Amending Section 18-915 Entitled'Enforcement;Penalties,"By Setting Forth Penalties For
A Violation Of Section 18-914;Providing For Repealer;Severability;Codification;And An Effective
Date.Inquiries maybe directed to the Office of the City Attorney at 305.673.7470.
Dr.Stanley Sutnick Citizen's Forum-Pursuant to Resolution No.2013-28440,the times for the
Dr.Stanley Sutnick.Citizen's Forum are 80 a.m.and 1:00 p.m.,or as soon as possible thereafter.
Approximately thirty minutes will be allocated to each session,with individuals being limited to
no more than three minutes or for a period established by the Mayor.No appointment or advance
notification is needed in order to speak to the Commission during this Forum.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,
or to express their views In writing addressed to the City Commission,c/o the City Clerk,1700
Convention Center Drive,1"Floor,City Hall,Miami Beach,Florida 33139.Copies of these items
are available for public inspection during normal business hours in the Office of the City Clerk,
1700 Convention Center Drive,1"Floor,City Hall,Miami Beach,Florida 33139.This meeting,or
any Item herein,may be continued,and under such circumstances,additional legal notice need
not be provided.
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides
to appeal any decision made by the City Commission with respect to any matter considered at
its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is
made,which record includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise
allowed by law.
To request this material in alternate format,sign language interpreter(five-day notice required),
information on access for persons with disabilities,and/or any accommodation to review any
document or participate in any City-sponsored proceedings,call 305.604.2489 and select 1 for
English or 2 for Spanish,then option 6;TTY users may call via 711(Florida Relay Service).
Rafael E.Granado,City Clerk
City of Miami Beach