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2017-4105 Ordinance ORDINANCE NO. 2017-4105 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18, "BUSINESSES," AT ARTICLE V, "CARDROOMS" TO BE ENTITLED "RESERVED;" AMENDING SECTIONS 18-171 THROUGH 18-179, TO BE ENTITLED "RESERVED" DELETING ALL REFERENCE TO CARDROOMS IN CHAPTER 18; CHAPTER 102 "TAXATION," ARTICLE V, "LOCAL BUSINESS TAX," AT SECTION 102-356 ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS" BY REMOVING THE DEFINITION OF "CARDROOMS"; AND SECTION 102-379, ENTITLED "SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO REMOVE THE BUSINESS TAX FEE FOR "CARDROOMS;" PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature in considering certain legislative amendments that would allow the expansion of slot machines and casino gambling; and WHEREAS, the City of Miami Beach has a long-standing policy against casino gambling in Florida as evidenced by the following resolutions: 2017-29846, 2014-28529, 2011-27812, 2008-26927, and 2008-26925; and WHEREAS, the legislation being considered would allow for casino operations that rival in size and scope the gambling operations existing in Las Vegas and Atlantic City; and WHEREAS, large scale casino operations cannibalize non-gambling businesses and have caused the shuttering of forty percent of all restaurants and one-third of all retail businesses in Atlantic City; and WHEREAS, our community will bear the severe and painful economic and social costs that always accompany expansive gambling, including the misery of individuals and families touched by problem gambling as they are at higher risk of divorce, bankruptcy, child abuse, domestic violence, crime and suicide; and WHEREAS, expanded gambling promotes corruption of the governmental process as immensely wealthy gambling companies from all over the world seek to receive benefits from state governmental entities that regulate their existence and profits; and WHEREAS, if gambling interests are allowed to obtain major casino expansion, full scale casino and gambling operations will become commonplace throughout our community and state; and WHEREAS, the false promises of increased revenue and jobs, like the broken promises that accompanied the lottery and other gambling expansions are intended to convince Floridians to make a fool's gamble with their future; and Page 1 WHEREAS, the City of Miami Beach desires to continue to be a number one destination for tourism and local growth to the economy by supporting independent hotels, restaurants and entertainment, without the overwhelming introduction of gambling; and WHEREAS, the Comprehensive Plan, at Objective 1: Land Development Regulations, at Policy 1.2, is being amended to prohibit gambling and casino operations authorized pursuant to chapters 550, and 551, Florida Statutes from operating in any land use category within the City of Miami Beach; and WHEREAS, the City of Miami Beach rejects any expansion of gambling into the City of Miami Beach, and precludes any destination casinos from being authorized in our land development regulations; and WHEREAS, in order to prevent any confusion the reference to cardrooms in chapter 18 and 102 of the City Code shall be removed as a business as the use is not permitted; and WHEREAS, it is in the best interest of the City to prohibit gambling for the general health, safety, morals and welfare of the community; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 18, entitled "Businesses", at Article V "Cardrooms", at Sections 18-171 through 18-179 are hereby amended as follows: CHAPTER 18 BUSINESSES ARTICLE V. — RESERVED CARDROOMS designee must be completed and submitted. This form shall include the names of five business or professional men as reference. 48_177 bmi l of floor plan �G�v--�r� vrrrr� Sec. 18 173. —Signs. {a) A sign shall be erected on the main entrance door of each carelfeemvisible on the outside, Page 2 visible from the main entrance, a sign shall be prominently displayed in the lobby or 18-17A nce doors article- violation, or to any corporation whose officers, directors or shareholders have been so 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 article refuses to thereto. article. Sec. '�8�9,--€xemptio s. structure. Page 3 Secs. 18-170 1-8-1-18-210. - Reserved. Section 2. Chapter 18, entitled "Businesses", at Article V "Cardrooms", at Sections 18-171 through 18-179 are hereby amended as follows: Chapter 102 TAXATION ARTICLE V - LOCAL BUSINESS TAX Sec. 102-356. -Construction of article; definitions * * * Cardroom means any room, store, office, building, vessel or houseboat–used, operated or charges are exacted. * * * Sec. 102-379. -Schedule of taxes, effective October 1, 2016 * * * (d) Effective on October 1, 2009 (fiscal year 2009-2010), business tax receipt applications shall be charged a $45.00 fee for the processing of new applications. Occupation Code Business Tax Category Amount C 95003700 Cabanas (each) 17.00 95003800 •- - • - -- • , • - -- e, -- - •• '- e, - -- - -17667,00 95003900 Carpet and rug cleaning 221.00 Page 4 95000659 Casting office 191.00 * * * SECTION 2. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 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. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. r'7 PASSED and ADOPTED this 7 day of eine , 20i, Philip Levine '` Mayor ; ATTEST: /,, c____________J/7 /ir// Cr' ) Rafael E. Granado .+ "..vm��"viti_ City Clerk .4'�P0, 8 -,9,�4i� First Reading: May 12, 2017 �` �� ,� Second Reading: June 7, 2017 if i ,�►---�:;. * INCORP ORATED - APPROVED AS TO FORM = AND LANGUAGE . ..•• \� AN OR EXEC TON w,�'4C�:/ 26 , R u Aguil , City Attorney 3- pI___ Underline = new language = deleted language Page 5 Ordinances - R5 AD MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: June 7, 2017 5:04 p.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18, "BUSINESSES," AT ARTICLE V, "CARDROOMS" TO BE ENTITLED "RESERVED;" AMENDING SECTIONS 18-171 THROUGH 18-179, TO BE ENTITLED "RESERVED" DELETING ALL REFERENCE TO CARDROOMS IN CHAPTER 18; CHAPTER 102 "TAXATION," ARTICLE V, "LOCAL BUSINESS TAX," AT SECTION 102-356 ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS" BY REMOVING THE DEFINITION OF "CARDROOMS";AND SECTION 102-379, ENTITLED "SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO REMOVE THE BUSINESS TAX FEE FOR "CARDROOMS;" PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;AND AN EFFECTIVE DATE. RECOMMENDATION Pursuant to the request of Commissioners Michael Grieco and Joy Malakoff, the attached Ordinance and Memorandum are submitted for consideration by the Mayor and City Commission at the June 7, 2017 Commission meeting. Legislative Tracking Office of the City Attorney Sponsor Commissioners Michael Grieco & Joy Malakoff ATTACHMENTS: Description © Memo - Cardroom ordinance removal from code second reading public hearing o Cardroom Ordinance removal from code second reading public hearing F.A. 5.26.2017 Page 1207 of 1414 D Ad Page 1208 of 1414 MIAMI BEACH City of Miami Reach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Raul Aguila, City Attorney ,10; DATE: June 7, 2017 SECOND READING—PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 0 F MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18, "BUSINESSES," AT ARTICLE V, "CARDROOMS" TO BE ENTITLED "RESERVED;" AMENDING S ECTiONS 18-171 THROUGH 18-179, TO BE ENTITLED "RESERVED" DELET ING ALL REFERENCE TO CARDROOMS IN CHAPTER 18; CHAPTER 102 "T AXATION," ARTICLE V, "LOCAL BUSINESS TAX," AT SECTION 102-356 E NTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS" BY REMOVING TH E DEFINITION OF "CARDROOMS"; AND SECTION 102-379, ENTITLED "SC HEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO REMOVE THE BU SiNESS TAX FEE FOR "CARDROOMS;" PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The City Attorney and the City Administration recommends that the City Commission adopt the Ordinance. BACKGROUND On May 3, 2017, at the request of Commissioner Joy Malakoff, the City Commission referred Comprehensive Plan and Land Development Regulation amendments pertaining to casino gambling to the Planning Board for consideration. On May 12, 2017, the City Commission approved the Comprehensive Plan Amendment and Land Development Regulations Amendment at first reading. On May 12, 2017, the City Commission also approved removal of the "Cardroom" use from Chapter 18, of the City Code, and from the Local Business Tax Provisions of the City Code. This Code provision has not been utilized in recent memory. Most condominium buildings have a "community room" or other such room where the residents may play cards. There is no separate business tax receipt needed for such a use. Moreover, the state legislature use the term "Cardroom" for gambling related purposes. Removal of the term from the City Code will ensure no confusion as to the City's intent to preclude gambling within City limits. Page 1209 of 1414 Commission Memorandum Cardroom Ordinance Amendment- June 7, 2017 Page 2 of 2 SECTION 5.02 ANALYSIS No economic of fiscal impact to the City from removing the cardroom provisions from the Code, as the specific use has not been utilized in recent memory. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance, removing cardroom regulations from the City Code. Page 1210 of 1414 %NE I NEIGHBORS HJJA.. RS rH!RSDAY Autn ms? WAARHERALetOM MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS ORDINANCES PROHIBITING GAMBLING AND CASINO USES IN ALL ZONING DISTRICTS OF THE CITY OF MIAMI BEACH AND AMENDING CHAPTERS 18 AND 102 RELATING TO CARDROOMS June 7, 2017 NOTICE IS HEREBY given that Public Hearings will be heard by the Mayor and City Commission of the City of Miami Beach, Florida,in the Commission Chamber,3rd Floor,City Hall, 1700 Convention Center Drive, Miami Beach, Florida,on June 7,2017 at the times listed below,or as soon thereafter as the matters can be heard,to consider. 5:03 p.m. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142"ZONING DISTRICT REGULATIONS;"AMENDING ARTICLE 1, "IN GENERAL" TO BE ENTITLED "GENERAL TO ALL ZONING DISTRICTS;" AT SECTION 142-1 TO BE ENTITLED: "GAMBLING AND CASINOS USES ARE PROHIBITED IN THE CITY OF MIAMI BEACH;"PROHIBITING MAIN, CONDITIONAL AND ACCESSORY USES RELATING TO GAMBLING AND CASINOS; PROVIDING FOR EXEMPTIONS UNDER STATE LAW;PROVIDING FOR CODIFICATION;REPEALER;SEVERABILITY;AND AN EFFECTIVE DATE. This Ordir,•ance is being heard pursbont to Section 112-104 of the City's Lord Development Code.inquiries may be dirvcred to the Planning Cepat/merit at 305.873 7550. 5:04 p.m. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18,"BUSINESSES,"AT ARTICLE V,"CARDROOMS"TO BE ENTITLED"RESERVED;" AMENDING SECTIONS 18-171 THROUGH 18-179, TO BE ENTITLED "RESERVED" DELETING ALL REFERENCE TO CARDROOMS IN CHAPTER 18; CHAPTER 102 "TAXATION," ARTICLE V, "LOCAL BUSINESS TAX" AT SECTION 102-356 ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS" BY REMOVING THE DEFINITION OF"CARDROOMS"; AND SECTION 102-379, ENTITLED"SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO REMOVE THE BUSINESS TAX FEE FOR "CARDROOMS;" PROVIDING FOR CODIFICATION;REPEALER;SEVERABILITY;AND AN EFFECTIVE DATE This=Drdinanea is being heard pursuant to Section 2.05 of the City Cl rte+and§1£0.004 F5.Inquiries may be directed to the Office cif the City Attorney at 305,673.7470. INTERESTED PARTIES ere invited to appear at this meeting,or be represented by an agent,or to express their views in writing addressed to the City Commission,cio the City Clerk, 1700 Convention Center Drive. 1,Floor,City Hall,Miami Peach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1°'Floor,City Hall,Miami Beach, Florida 33139,This item 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. Ta 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 Ad 1334 Page 1216 of 1414