Ordinance 90-2692 ORDINANCE NO. 90-2692
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING ARTICLES I AND II OF
CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, ENTITLED 'BUSINESS LICENSES", AMENDING
SECTION 20-3 TO PROVIDE FOR 30 DAY TIME LIMITATION
FOR GRANTING OR DENIAL OF LICENSES: AMENDING
SECTION 20-10 BY CREATING SUBSECTION (b)(6) PROVIDING
FOR DENIAL OF LICENSES FOR FAILURE TO OBTAIN A
CERTIFICATE OF USE PURSUANT TO CHAPTER 8 OF THE
MIAMI BEACH CITY CODE; AMENDING ARTICLE II THEREOF
TO PROVIDE FOR THE SUSPENSION, REVOCATION AND
DENIAL OF LICENSES AND PERMITS; AMENDING SECTION
20-25 "GROUNDS FOR SUSPENSION OR REVOCATION" TO
INCLUDE GROUNDS FOR DENIALS AS WELL; AMENDING
SECTION 20-29 "HEARING PROCEDURES", BY PROVIDING
CITY MANAGER REVIEW, BOARD OF ADJUSTMENT REVIEW,
ADMINISTRATIVE RULINGS AS FINAL; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1:
That Section 20-3 of Article I, Chapter 20 of the Code of the City of Miami Beach, said
chapter entitled "Business Licenses", is hereby amended to read as follows:
Section 20-3 - Duration and expiration date; time limitation for
granting or denial; transferability:
Each license shall be valid for one year and shall be issued on October
first of each year and shall expire on September thirtieth of the
following year. License(s) shall be granted or denied within a period of
30 days from the date of application submittal. A business license may
be transferred with the business within fifteen days of a bona fide sale
or transfer of said business but shall be valid only for the period for
which it was originally issued. If the transfer is not transacted within
fifteen days of the bona fide sale or lease then the complete annual
payment is due. A business license may be transferred to another
location within the City of Miami Beach in the event of relocation of
the licensed business. However, in the event of any such transfer of a
license either through sale or relocation of a business, the original
license must be submitted to the city manager or his designee with a
transfer fee of three dollars and a zoning fee of ten dollars. The city
manager or his designee shall make a note on the license of the transfer
and the new location or new owner, as the case may be, and shall also
require the transfer to disclose all the information concerning the new
owner or location which would otherwise be required by this article of a
new applicant for the license. Any residential unit transferring their
license to new ownership, must submit a copy of the recorded deed, the
previous license, and a new application to complete a transfer of
ownership. (Ord. No. 82-2316, Sec. 1; Ord. No. 88-2625, Sec. 1)
SECTION 2:
That Section 20-10(b) of Article I, Chapter 20 of the Code of the City of
Miami Beach, said chapter entitled "Business Licenses", is hereby amended to
read as follows:
Section 20-10 - Application procedures; grounds for denial.
* * *
(b) Grounds for denial. Any person whose application for a business
license has been denied may seek a hearing under section 20-29 of this
chapter. An application for an occupational license under this article may be
denied on the following grounds:
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(1) That the applicant has failed to disclose or misrepresented
information required by this article in the 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 similar
business shall be issued by the city to the person or persons whose business
license has been revoked or suspended.
(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. (Ord. No. 82-2316, Sec.l; Ord. No. 88-2625, Sec. 1.)
(6) That the a.blicant has failed to obtain a Certificate of Use as
required by Chapter 8 of the Miami Beach City Code.
SECTION 3:
That Article II of Chapter 20 of the Code of the City of Miami Beach entitled
"Business Licenses", is hereby amended to read as follows: ARTICLE II
SUSPENSIONS AND REVOCATION AND DENIAL OF' LICENSES AND
PERMITS
SECTION 4:
That Section 20-25 of Article II, Chapter 20 of the Code of the City of Miami
Beach said chapter entitled "Business Licenses", is hereby amended to read as
follows:
Section 20-25 Grounds for suspensioniee revocation and denial -
1. 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:
(a) The licensee has misrepresented or failed to disclose material
information required by this chapter to be included in the license
application form;
(b) 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.
(c) 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.
(d) Habitual conduct has occurred at the licensee's premises which
violates city, county or state law.
(e) 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.
(f) The licensee has violated any provision of this chapter and has
failed or refused to cease or correct the violation after notification
thereof.
{g) The licensee, as part of the licensee's business activity within
the City of Miami Beach, knowingly lets, leases or gives space for
unlawful gambling purposes at the licensee's premises.
(h) The licensee within the preceding 5 years in this state, any other
state, or 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-, ell any efirke,. 84:fie Pefiee4Rg en 13r'e4essterialr ehatae+erg.
(1) 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.
(j) The licensee's premises have been found to constitute a public
nuisance by the Nuisance Abatement Board.
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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
then twelve months. No new license shall be issued to the licensee, or
to any other firm in which the licensee or any of its stockholders is
interested, for any premise during the term of such suspension or
revocation. At the end of such period of suspension or revocation the
licensee may apply for a new license.
2. The city manager shall deny a_ license to any person as provided by
Section 20-10 herein
SECTION 5:
That Section 2029 of Article II, Chapter 20 of the Code of the City of Miami
Beach, said chapter entitled "Business Licenses," is hereby amended to read as
follows:
Section 20-29 Hearing procedures.
Upon order of the city manager or upon the request of a person whose license has
been denied or revoked or suspended by emergency order of the city manager or
whose license has been threatened with denial, revocation or suspension by the city
manager or his designee, or upon the request of any other licensee or applicant
affected by action of the city, a hearing shall be provided. There will be a $50.00
fee for a hearing in order to defray administrative expenses. If the licensee or
applicant prevails in his appeal, the entire administrative hearing fee shall be
refunded. The hearing shall be conducted in the following manner:
(a) City Manager-Review
(a) (1) Other than as set forth in (14 hereinbelow, Tthe City Manager or his
designeTT1M1 give written notice of the time and place of the hearing to the
licensee and to the city attorney's office.
(b) (2) The proceedings shall be informal but shall afford the licensee the right to
testify in his own defense, present witnesses, have legal counsel present, submit
relevant evidence and cross-examine witnesses.
(e) (3) Within ten days of the close of the hearing the City Manager or his designee
shalt render his 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.
(d) (4) 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 registered mail, return
receipt requested, to the business address listed on the occupational license or to
any such other address as the licensee or applicant shall designate in writing. The
findings ek►ak Ee119441 a The #+eak adrnini 4rative aetteR at The Ci-ty e€ Miami. Beaek
ter pereasee e# }446e+a4 review tinder F#ea Law? The standard et Pewiew shall be
wbe#ger The ei4y reanagerxe Oft hie des}gReele ae4ien e. dee.lien +s stipper4ed by
stibs4antia# eeriape4eR4 eve#eAee and whe4her kse adrv►t4s4ra4ive heaf+Ag depeF*ee
#rerxa The eseen4tak reeti+rereeR4s of draw, 48rd. Na* 82-2446, See* 4
(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.i. of the Citi of Miami Beach Zonin
Ordinance 89-2665.
Adminstrative Rulings as Final
The_ _City Manager's/Board of Adjustment's findinZs shall constitute the final
adrninistrative action of the Cit of Miami Beach for purposes of judicial review
under Florida law. The standard of review shall be whether the City
Manager Board of Ad'ustment's action or decision is supported by substantial
competent evidence and whether the adm istrative hearing departed from the
essential requirements of law.
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SECTION 6: REPEALER
All ordinances or parts in conflict herewith be and the same are hereby repealed.
SECTION 7: SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 8: EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its adoption, on April 28,
1990.
PASSED and ADOPTED this 18th day of April - , 1990.
yr ' A
Attest:
.M.CW;J_ >Th i43.-/A4A/
CITY CLERK
1st Reading - 4/4/90
2nd Reading' 4/18/90
LF/DW/pb
FORM APPROVED
LEGAL DEPT
By - ,!
Date 1' a
r
OFFICE OF THE CITY ATTORNEY
,„10,1 ft ,
iv
F L O R 1 D A
LAURENCE FEINGOLD ric.'Pk�c%) P O. BOX C
CITY ATTORNEY �H26' MIAMI BEACH. FLORIDA 331'9-203: •
TELEPHONE 1305)673-7409
TELECOPY 13051 673-7002
COMMISSION MEMORANDUM #190 -6/0
DATE: 4 April 1990
TO: MAYOR ALEX DAOUD and
MEMBERS OF THE CITY COMMISSION
ROB W. PARKINS - City Manager
FROM: LAURENCE FEINGOLD
City Attorney
SUBJECT: AMENDING ARTICLES I AND II OF CHAPTER 20 - BUSINESS LICENSES -
CITY OF MIAMI BEACH
A recent Supreme Court decision mandates the enactment of licensing
requirements providing for the granting or denial of governmental licenses
to applicants within a "reasonable" time period; the time period should be
long enough to enable necessary administrative review. Thus, Chapter 20 of
the Miami Beach City Code governing "Business Licenses" has been amended
to establish a 30 day administrative review period of license applications,
which time frame has been recommended and approved by the various City
department heads responsible for the licensing approval or denial.
Another portion of the Supreme Court decision requires that local
governments inform applicants as to appeal procedures available to them
when their license application(s) have been denied; this requirement has
been satisfied by the amendment of Section 20-29 amplifying on the
provisions concerning appellate procedures upon license denial.
The attached Ordinance amending Chapter 20 of the Miami Beach City
Code, said chapter governing Business Licenses, is thus ready for
Commission review.
LF/DW/pb
AGEA
ITErJDr1
DATE - 2_0
-'00 CONVENTION CENTER DRIVE FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139
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