Ordinance 92-2791 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 26, 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.
1
4
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:
2
CHAPTER 20
BUSINESS LICENSES
§ 20. CONSTRUCTION OF CHAPTER: DEFINITIONS
ARTICLE I. BUSINESS LICENSES.
§ 20-1. BUSINESS LICENSES REQUIRED.
§ 20-2 . APPLICATION OF OTHER LAWS.
§ 20-3 . DURATION AND EXPIRATION DATE; TIME LIMITATION FOR
GRANTING OR DENIAL; TRANSFERABILITY.
§ 20-4 . PRO RATA PAYMENT; REFUNDS.
§ 20-5. CUMULATIVE EFFECT OF ARTICLE.
§ 20-6. BUSINESS LIMITED BY LICENSES.
§ 20-7 . POSTING.
§ 20-8 . CONVENTION CENTER ACTIVITIES EXEMPT.
§ 20-9 . PERSONAL RESPONSIBILITY AND LIABILITY OF OFFICERS AND
AGENTS.
§ 20-10. APPLICATION PROCEDURES; GROUNDS FOR DENIAL.
§ 20-11. SCHEDULE OF FEES.
§ 20-12 . FEES FOR ALL OTHER BUSINESSES.
ARTICLE II. SPECIAL REGULATIONS
§ 20 20. § 20-13 . INVESTIGATION TO DETERMINE COMPLIANCE WITH
CHAPTER.
§ 20 21. § 20-14 . PENALTY FOR LATE PAYMENT.
'§ 20 15. DEFINITIONS; LICENSING OF CUN DEALERS; FEES; SALES.
§ 20 22 . METHOD OF COLLECTION OF DELINQUENT FEES AND TAXES.
§ 20 23 . § 20-15 . PENALTIES FOR FALSE DISCLOSURE.
§ 20-16. PROPERTY OWNER'S RESPONSIBILITY.
S 20 23 . 2 AUTOMATIC REVOCATION DUE TO CANCELLATION OF BOND.
3
§ 20 24 . § 20-17 . PENALTIES: EACH DAY' S OPERATION WITHOUT
LICENSE CONSIDERED SEPARATE OFFENSE
,ENFORCEMENT; COLLECTION OF DELINQUENT FEES
AND TAXES.
§ 20-18. LAPSE OF INSURANCE, BOND.
§ 20-19 . AMUSEMENT ATTRACTION/RIDE.
§ 20-20. AUTOMOBILE SHIPPERS.
§ 20-21. BOTTLE CLUBS.
§ 20-22 . CARD ROOMS.
§ 20-23 . CLOSING OUT SALES.
§ 20 13 . § 20-24 . REGULATIONS CONCERNING COIN-OPERATED
MACHINES, ARCADES.
§ 20 18 . § 20-25. CONTRACTOR' S PERMIT.
§ 20-26. EMPLOYMENT AGENCIES, JANITORIAL & ESCORT
SERVICES.
§ 20-27 . FRUIT SHIPPERS.
§ 20 17. § 20-28 . DISCLOSURES REQUIRED OF INSURANCE AGENTS.
§ 20 16. § 20-29. MEDICAL CLINICS; LICENSE FEE; DISCLOSURE OF
PHYSICIANS; INSURANCE REQUIREMENTS; EXEMPTIONS.
§ 20-30. MOTOR SCOOTER RENTAL AGENCY.
§ 20-31. NEWSSTANDS.
S 20 19 . § 20-32 . PARKING LOT; EXEMPTIONS, DEFINITIONS:
APPLICABILITY; VALET PARKING.
§ 20-33 . PEST CONTROL.
§ 20-34 . PRIVATE SCHOOLS.
§ 20-35. RECYCLERS AND SECOND HAND DEALERS.
§ 20 14 . § 20-36. LICENSING OF RESIDENTIAL LANDLORDS.
§ 20-37 . RETAIL FLORISTS & CUT FLOWER STANDS.
§ 20-38. SELLERS OF TRAVEL - RECEPTIVE TOUR OPERATORS.
§ 20-39 . TEMPORARY PERMITS.
4
i
f
ARTICLE II. ARTICLE III. SUSPENSION AND REVOCATION OF LICENSES AND
PERMITS.
§ 20 25. 6 20-40. GROUNDS FOR SUSPENSION OR REVOCATION.
AND DENIAL.
§ 20 26. S 20-41. STANDARDS; RULE-MAKING AUTHORITY.
§ 20 27 . 6 20-42 . NOTICE OF VIOLATION; EMERGENCY ACTION.
§ 20 28. 6 20-43 . HEARING WHEN LICENSEE OR PERMITTEE FAILS TO
COMPLY WITH NOTICE OR WHEN REQUESTED BY
AGGRIEVED APPLICANT/LICENSEE.
§ 20 29 . 6 20-44 . HEARING PROCEDURES; ENFORCEMENT OF ORDERS.
ARTICLE III. CONSUMER PROTECTION.
§ 20 30. PURPOSES; RULES OF CONSTRUCTION.
§ 20 31. UNLAWFUL ACTS AND PRACTICES.
S 20 31 1. INVESTICATIONS AND REFERRALS.
S 20 32 . REMEDIES OF CONSUMERS AND CITY ATTORNEY.
S 20 33 . EFFECT ON OTHER REMEDIES.
§ 20 34 . COMPLETE PRICE; REPRESENTATIONS; OFFICIAL
TERMS.
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 § 1.01 (3) ,
FLA. STAT. (1981) .
(b) HE. SHALL INCLUDE THE FEMININE AND NEUTER.
(c) THE SINCULAR INCLUDES THE PLURAL AND VICE VERSA.
5
(d) BUSINESS. SHALL MEAN AND INCLUDE EVERY TRADE, OCCUPATION,
PROFESSION OR OTHER MANNER OF REVENUE PRODUCING ACTIVITY.
(c) FOR CAUSE. AS USED IN THIS CHAPTER SHALL MEAN 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 CHAPTER&
OF THE MIAMI BEACH CITY CODE INCORPORATED 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
6
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
7
EMPLOYEE OF THE CITY OF MIAMI BEACH DESIGNATED BY THE CITY MANAGER
TO PERFORM A FUNCTION REQUIRED 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
8
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,
9
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:
10
(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
11
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,
12
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 INCLUDES 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.
T CENERAT PflOVISTONS
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 MANNER
OF BUSINESS ACTIVITY.
SEC. 20-3. DURATION AND EXPIRATION DATE; TIME LIMITATION FOR
GRANTING OR DENIAL; TRANSFERABILITY.
14
EACH LICENSE SHALL BE VALID FOR ONE YEAR AND SHALL BE ISSUED ON
OCTOBER FIRST OF EACH YEAR AND SHALL EXP3RE 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 15
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 15 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 A 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, §1. ) .
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
CASE OF A RESIDENTIAL PROPERTY A COPY OF THE RECORDED DEED MUST BE
SUBMITTED.
2 . THE PREVIOUS OWNER' S LICENSE.
3 . ALL OTHER INFORMATION CONCERNING THE NEW OWNER WHICH
WOULD OTHERWISE BE REQUIRED BY THIS ARTICLE OF A NEW APPLICANT FOR
THE LICENSE.
4 . PAYMENT OF THE REQUIRED TRANSFER FEE.
C. A BUSINESS LICENSE MAY BE TRANSFERRED TO ANOTHER LOCATION
WITHIN THE CITY IN THE EVENT OF RELOCATION OF THE LICENSED BUSINESS
WHEN THE FOLLOWING CONDITIONS ARE MET:
1. A CERTIFICATE OF USE MUST BE OBTAINED IF REQUIRED FOR
THE NEW LOCATION PRIOR TO OPENING FOR BUSINESS.
2 . THE EXISTING LICENSE MUST BE SUBMITTED TO THE LICENSE
SECTION.
3 . ALL OTHER LICENSING REQUIREMENTS 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, AND 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.
. . . . .. . . . . . .
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) THAT THE APPLICANT HAS FAILED TO DISCLOSE OR HAS
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 BUSINEEG 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 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.
(6) THAT THE APPLICANT HAS FAILED TO OBTAIN A
CERTIFICATE OF USE AS REQUIRED BY CHAPTER 8 OF THE MIAMI BEACH CITY
CODE.
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.
C. FEES CENERALLY.
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
(c) 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
(c) BOTTLE CLUBS $5, 000. 00
(8) ALTERATIONS/TAILOR EACH SHOP
(a) EACH SHOP IN ANOTHER SHOP $142 . 19
(b) IN ANOTHER SHOP $ 65. 63
(9) AMUSEMENT ATTRACTION/RIDE EACH $937 . 50
(INSURANCE REQUIRED)
(10) ANTIQUE DEALER/ART GALLERY $750. 00
(9) (11) APARTMENT HOUSES
(a) CONTAINING THREE OR MORE APARTMENT UNITS
SHALL PAY THE FOLLOWING MINIMUM FEE (COVERING FIRST
FIFTEEN ROOMS) NOT INCLUDING KITCHENS AND BATHROOMS $ 54 . 69
(b) FOR EACH ADDITIONAL ROOM OVER FIFTEEN.
COUNTING EVERY ROOM THAT CAN BE LEASED OR
RENTED, NOT INCLUDING KITCHENS AND BATHROOMS $ 4 . 70
{ } (12) APPRAISER $164 . 06
(11) (13) ARCADE $164 . 06
FOR EACH GAME MACHINE OR JUKE BOX $ 75. 00
(12) (14) ARCHITECTS $185.94
(13) (15) ARMORED CAR SERVICE $185.94
(14) (16) 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 $375. 00
(b) EMPLOYEE $ 62 . 50
(c) STARTING GUNS, TEAR GAS WEAPONS, B.B. GUNS
AND GAS GUNS $375. 00
(15) (17) ARTISTS, INCLUDING RETOUCHING, SKETCHING,
CARTOONING, CRAYON OR FERROTYPE OR OTHER
SIMILAR LINE $142 . 19
(1C) (18) ATTORNEYS $185.94
(19) AUCTION BUSINESS STATE LICENSE REQUIRED $3 , 125. 00
(17) (20) AUTOMOBILE/TRUCK
(a) PAINTING $281.25
(b) RENTING BUSINESS; PROVIDED THAT AUTOMOBILES $1, 171.25
RENTED WITH DRIVERS SHALL BE SUBJECT TO THE SAME
REGULATIONS AS 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 HAVING ONE HUNDRED
ROOMS $375. 00
(d) FOR EACH AUTOMOBILE RENTAL SUB AGENCY (NO
CARS ON LOCATION) IN HOTELS HAVING MORE THAN ONE
HUNDRED ROOMS, THE SUM SPECIFIED IN PARAGRAPH C.
HUNDRED ROOMS OR PART THEREOF, AND ADDITIONAL $ 54 .69
(c) FOR EACH AUTOMOBILE RENTAL SUB AGENCY (NO
CARS ON LOCATION) IN BUSINESS DISTRICTS,
DEFINED BY ORDINANCE NO. 2665, FOR EACH SUBAGENCY $375. 00
(f) WASH RACKS, NOT IN CONNECTION WITH A
GARAGE OR FILLING STATION $ 54. 69
(g) WASH RACKS, IN CONNECTION WITH A GARAGE OR
FILLING STATION $125. 00
(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
(h) . (f) DEALER (NEW VEHICLES) $327 . 50
(i) . (g) BROKER (NO VEHICLES ON PREMISES) $164 . 06
(h) DEALER (USED VEHICLES) $281. 25
(18) (21) AUTOMOBILE FOR HIRE, LIMOUSINES, EXCEPT SIGHTSEEING BUSES
_ _ e _ e e
THIS CODE:
(a) PER AUTO $257. 50
(b) PRIVATE SCHOOL AND NURSERY BUSES, PER BUS $164 . 06
(c) LIMOUSINE SERVICE $225. 00
PER LIMOUSINE $ 65. 63
(INSURANCE REQUIRED)
(19) (22) AUTOMOBILE SHIPPERS $375. 00
BOND REQUIRED
B
(20) (23) BAGGAGE AND TRANSFER BUSINESS $233 .75
INCLUDING MOVING COMPANIES
(21) (24) BAIL BONDS $164 . 06
(22) (25) 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
(23) (26) BARBECUE MACHINES IN CONNECTION WITH OTHER
BUSINESSES $ 54 . 69
-X2.4)- (27) BARBER SHOPS, WITH OR WITHOUT MANICURIST AND SHOE-SHINE
STANDS, 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 BARBER $ 20. 00
{2-5} (28) BATHS, TURKISH, MINERAL, SUN OR SIMILAR $164 . 06
} (29) BEACHFRONT CONCESSION OPERATIONS
(a) PER ACTIVITY PER LOCATION $570. 31
(27) (30) 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
(28) (31) BICYCLES, RENT AND REPAIR $164 . 06
A MERCHANT' S LICENSE IS REQUIRED FOR THE SALE
OF ANY MERCHANDISE.
-(4-9} (32) BILLIARD OR POOL TABLES, PERSONS MAINTAINING
SAME FOR PROFIT DIRECTLY OR INDIRECTLY, OR THE
PROPRIETOR THEREOF, EACH TABLE $ 87 . 50
(30) (33) BINGO EXEMPT
(31) (34) 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
(32) (35) 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
(33) (36) BOAT OR SURFBOARD RENTALS, AS AN ACCESSORY USE
IN HOTELS OF 100 OR MORE ROOMS, 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
(34) (37) 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 (USED) $281.25
(1) FERRY TERMINAL $500. 00
(m) WATER TAXI . . (EACH BOAT) $468 .75
28
(35) (38) BOWLING ALLEYS, OR BOX BALL ALLEYS, PER ALLEY $ 54 . 69
(36) (39) 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
THEREOF $562 . 50
AUTOMATIC TELLER MACHINE LOCATED OFF PREMISES $164 . 06
C
(37) 140) CABANAS, EACH $ 8. 31
(38) (41) CARDROOMS, INCLUDING BUT NOT LIMITED TO BRIDGE $1, 438. 75
(39) (42) CARPET AND RUG CLEANING $185.94
{-40} (43) CASTING OFFICE $164 . 06
(41) (44) CATERERS $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.
(42) (45) CHECK CASHING OFFICE $164 .06
(43) (46) CHEMISTS $164. 06
(44) (47) CHIROPODIST $185.94
-(45} (48) CHIROPRACTORS $185. 94
(47) (49) CLERICAL OFFICE $164 . 06
(a) SMAIL ORDER, REQUIRES BONDI.
(44} (50) CLINIC, MEDICAL, DENTAL $250. 00
*44} (51) CLOSING-OUT SALES:
(a) (30 DAYS) $600. 00
(b) ADDITIONAL 15 DAYS DAY PERIODS $375. 00
ONCE ISSUED, SAID LICENSE SHALL BE GOOD FOR A PERIOD OF
THIRTY (30) DAYS. AN ADDITIONAL THREE HUNDRED AND
SEVENTY FIVE DOLLARS FEE SHALL BE PAID FOR AN ADDITIONAL
FIFTEEN (15) DAY PERIOD. UPON PROOF TO THE SATISFACTION
OF THE CITY MANAGER OR HIS DESIGNEE THAT THE LICENSEE HAG
PERMANENTLY CLOSED HIS BUSINESS, AN AMOUNT NOT TO EXCEED
THREE HUNDRED DOLLARS SHALL BE REFUNDED TO THE LICENSEE.
-{54-} (52) COIN DEALER $164 . 06
(51) (53) COIN-OPERATED MERCHANDISE OR SERVICE VENDING MACHINES,
EXCEPT MACHINES VENDING NEWSPAPERS, OR DRINKING CUPS OR
POSTAGE STAMPS, 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, THAT ANY PERSON PLACING AND MAINTAINING
ANY COIN OPERATED NEWSPAPER VENDING MACHINE OR DEVICE IN ANY
PUBLIC PLACE SHALL PROCURE AND FILE WITH THE CITY MANAGER OR
HIS DESIGNEE A LIABILITY INSURANCE POLICY INSURING SUCH
PERSON FOR INJURY TO THE PUBLIC CAUSED BY SUCH MACHINES IN
THE SUM OF TEN THOUSAND DOLLARS PROPERTY DAMAGE IN ANY ONE
ACCIDENT.
(52) (54) COLLECTION AGENCY $164 . 06
(46) (55) CONSULTANTS, ADVISORS AND PRACTIONERS $185.94
{ } (56) CONVENTION SERVICE BUREAU $164 . 06
(54) (57) COUNSELOR, MARRIAGE, ETC $185.94
(55-} (58) COURT REPORTER $164 . 06
(56) (59) CREDIT BUREAU $164 . 06
(57) (60) CURRENCY EXCHANGE $164 . 06
D
(58-} (61) DANCE HALLS AND BALLROOMS, PUBLIC, EACH
DANCE HALL OR BALLROOM $937 . 50
(62) DAY CARE CENTERS AND NURSERY SCHOOLS $233 .75
(59) (63) DENTISTS $185.94
-(60) DETECTIVES, INCLUDING CIVIL, COMMERCIAL,
CORPORATION, CRIMINAL, INDUSTRIAL, INSURANCE,
31
RAILROAD AND OTHER SIMILAR INVESTIGATORS $185.94
(61) (64) DIETICIANS $185.94
(62} (65) DOCTORS, PHARMACISTS, PHYSICIANS, ETC $185. 94
(63) (66) DOCTORS, HOSPITAL STAFF $100. 00
+644} (67) DOCTORS, PHARMACISTS, PHYSICIAN'S ASSISTANTS $ 52 .50
(65) (68) DOG GROOMING OR SMALL ANIMAL CLINIC $185.94
E
-(66) (69) ELECTRIC LIGHT COMPANIES $7, 906. 00
(67) (70) ELECTROLOGISTS (STATE LICENSE REQUIRED) $185. 94
(68) (71) EMPLOYMENT AGENCY, ESCORT SERVICE (BOND REQUIRED1 $164 . 06
(a) ESCORT SERVICE, BOND REQUIRED $164 .06
(6-9-} (72) ENGINEERS, ALL $185. 94
(70) (73) ENGRAVERS $185. 94
(71) (74) EQUIPMENT RENTAL $164. 06
(72) (75) EXPRESS COMPANIES /PRIVATE MAIL 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) EXTERMINATORS, INSECT AND VERMIN $218. 75
F
(76) FAX SERVICE $185.94
AS AN ACCESSORY TO THE MAIN OCCUPATION $ 52 . 50
(74} (77) FIRE PREVENTION SERVICE $164 . 06
-(-4-5-} (78) FLORISTS,, SUBJECT TO THE PROVISIONS OF CHAPTER
35 OF THIS CODE $185.94
{7} (79) FLOWER STAND, SELLING CUT OR POTTED FLOWERS OR PLANTS,—
SUBJECT TO THE PROVISIONS OF CHAPTER 35 OF THIS CODE $142 . 19
(77) (80) 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.
(a) FOR THE 1ST $1, 000. 00 IN INVENTORY $195. 00
(b) FOR EACH ADDITIONAL $1, 000. 00 IN INVENTORY
TO $89 , 999 . 99 $ 20. 00
(c) 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, 000. 00
-(48) (81) FORMAL RENTALS $164 . 06
} (82) FORTUNE TELLERS, PALMISTS, HYPNOTISTS, CLAIRVOYANTS,
ASTROLOGERS, PHRENOLOGISTS, PHYSIOGNOMIST, NUMEROLOGISTS,
33
MIND READERS AND OTHERS OF SIMILAR NATURE WHERE NOT
GRATUITOUS OR IN A NIGHTCLUB OR AS AN ACCESSORY
(a) TO THE MAIN BUSINESS $1, 562 . 50
(a) WHERE NOT GRATUITOUS, NOT IN A NIGHTCLUB OR NOT ACCESSORY
TO MAIN BUSINESS, EACH INDIVIDUAL $1, 562 . 50
(b) 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.
(80) (83) FRUIT, NUT, ETC. , PACKING, SHIPPING, WHETHER
OPERATED IN CONNECTION WITH ANY OTHER
BUSINESS OR NOT, SUBJECT TO THE PROVISIONS
OF CHAPTER 26 OF THIS CODE CHAPTER $243 .75
ACCESSORY ONLY $ 52 . 50
(81) (84) FUEL DEALERS, BOTTLED GAS, ETC.
(a) FUEL OIL DEALERS $281.25
(b) BOTTLED GAS DEALERS $138 . 36
(c) WOOD YARD DEALERS $109 . 38
(82} (85) FUNERAL HOMES $585. 00
G
(83) GARAGE PUBLIC.
(a) STORAGE $243 . 75
(b) WASHING $243 . 75
(c) REPAIR $243.75
IN ADDITION, GARAGES OR SERVICE STATIONS, SELLING
34
ACCESSORIES REQUIRE ALSO A MERCHANT'S LICENSE.
(86) GALLERY/ANTIQUE DEALER $ 750. 00
(84-} (87) GARBAGE AND TRASH DISPOSAL CONTRACTORS $468.75
(85) (88) GAS COMPANIES $7,906. 00
(86) (89) (a) GASOLINE, WHOLESALE DEALERS OR $2, 343 . 75
STORAGE OF SAME
(a) (b) 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
(87) (90) (a) GOLF, PRACTICE OR DRIVING COURSES $ 98 .44
(b) MINIATURE GOLF COURSE $225. 00
(88) (91) GOLF PRO $164 . 06
(92) GUARD, WATCHMAN, PATROL AGENCY $185. 94
(FLORIDA DEPARTMENT OF STATE LICENSE REQUIRED)
H
(89) (93) HALL FOR HIRE $109. 38
(90) (94) HEALERS, MAGNETIC $468 .75
-(-41) (95) HEALTH CLUB, GYM $164 . 06
(A LETTER OF APPROVAL OR EXEMPTION FROM FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES REQUIRED. )
(92) (96) HEALTH MAINTENANCE PLAN $164 . 06
35
-(43) (97) HELIPORTS $468. 75
(94) (98) HOMEOPATHIC PHYSICIANS $185. 94
(95) (99) HOTELS CONTAINING TEN OR MORE GUEST ROOMS, FOR THE
(a) FIRST FIFTEEN ROOMS $144 . 38
(b) FOR EACH ADDITIONAL ROOM OVER FIFTEEN $ 12 . 04
(9-6) (100) HYPNOTIST AND HYPNOTHERAPIST $164. 06
I
(97) (101) IMMIGRATION SERVICES $164 . 06
(9-8-} (102) IMPORT/EXPORT DEALER $164 . 06
(99) (103) INCOME TAX SERVICE $164 . 06
AGENCY (DROP-OFF SITE ONLY) $ 52 . 50
(100) (104) INSTALLERS, FLOOR COVERING, CARPET, TILES,
GLASS, ETC $164 . 06
(105) 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
(c) FROM $100, 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, 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 EEC. 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
OR NURSERY MEN $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 BUSINESS WHERE DRY CLEANING
IS DONE ON PREMISES, EACH $185. 94
(d) DRY CLEANING AGENCY WHERE DRY CLEANING
De ' e
39
(c) . (c) COIN-OPERATED LAUNDRY BUSINESS LOCATION,
EACH 'INCLUDES ACCESSORY FOLDING AND HAND IRONING) $185.94
(f) . (d) COIN-OPERATED LAUNDRY EQUIPMENT
DISTRIBUTOR $218 .75
(1) . EACH MACHINE $ 4 .70
(h) . (e) COIN-OPERATED LAUNDRY EQUIPMENT NOT
LICENSED BY ONE OF ABOVE LISTINGS. EACH MACHINE $ 4 . 70
(1) . EACH MACHINE $ 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 DESIRING TO SELL, LEASE OR RENT ONE
OR MORE GAME MACHINES, SHUFFLEBOARDS, BOWLING ALLEYS,
AUTOMATIC COIN CAME, MECHANICAL PHONOGRAPHS, CONSOLES,
JUKE BOXES, PICTURE TAKING, RECORD MAKING OR DEVICES
OF SKILL OR OTHER SIMILAR MACHINES OR GAMES OPERATED
FOR PROFIT ALONE OR IN CONNECTION WITH ANY OTHER
BUSINESS SHALL FILE WITH THE LICENSE DIVISION, IN
PERSON IF A NATURAL PERSON, OR BY DULY AUTHORISED
AGENT OR OFFICER OF THE FIRM OR CORPORATION A WRITTEN
APPLICATION FOR A LICENSE TO DO BUSINESS IN THE CITY.
SUCH LICENSE WHEN ISSUED SHALL ENTITLE THE APPLICANT
40
TO ENGAGE IN THE SELLING, LEASING, OR RENTING OF ONE
OR MORE MACHINES, CAMES OR DEVICES AS ABOVE DESCRIBED
ALONE OR IN CONNECTION WITH ANY OTHER BUSINESS UPON THE
PAYMENT OF A DISTRIBUTOR LICENSE FEE OF $600. 00
(b) IN ADDITION TO THE FOREGOING, THERE SHALL
BE IMPOSED UPON THE ABOVE LISTED MACHINES OR
GAMES OPERATED FOR PROFIT, SOLD, LEASED OR
RENTED AS AFORESAID, A LICENSE FEE PER EACH
MACHINE OF $ 75. 00
(c) FOR OPERATING DEVICE OF SKILL OR ANY OTHER
SIMILAR MACHINE OR CAME OPERATED FOR PROFIT WHERE
THE OPERATOR THEREOF IS NOT ENGAGED IN THE BUSINESS
OF SELLING, LEASING OR RENTINC ANY OF SUCH INSTRUMENTS,
DEVICES OR MACHINES AND WHERE THE OPERATOR OF SUCH
INSTRUMENT, DEVICE OR MACHINE IS THE OWNER THEREOF,
THERE SHALL BE PAID FOR EACH MACHINE A LICENSE FEE
PER MACHINE OF $ 75.00
CAME MACHINES OF ALL KINDS WHERE OPERATED DIRECTLY
OR INDIRECTLY FOR A PROFIT, INCLUDING ALL TYPES OF
MACHINES, ELECTRONICALLY OR MANUALLY OPERATED.
PROVIDED THAT EACH MACHINE MUST HAVE PLACED ON IT
AN OFFICIAL MIAMI BEACH STICKER, WHICH WILL EXPIRE
ON THE THIRTIETH DAY OF SEPTEMBER EACH YEAR. IT
WILL BE THE RESPONSIBILITY OF ALL LICENSEES ON WHOSE
PREMISES A CAME MACHINE IS LOCATED TO INSURE THAT ALL
MACHINES ARE PROPERLY LICENSED. IN THE EVENT THAT
SOMEONE OTHER THAN THE OWNER OF THE PREMISES OWNS THE
MACHINE AND FAILS TO PAY A LICENSE FEE THE OWNER OF
THE PREMISES WILL BE LIABLE TO PAY THE ABOVE MENTIONED
LICENSE FEE FOR SAID MACHINE. IN THE EVENT A MACHINE
OWNER FAILS TO OBTAIN A LICENSE, A VIOLATION WILL BE
ISSUED PROVIDING 30 DAYS WITHIN WHICH TO CORRECT THE
MATTER. FAILURE TO DO SO MAY RESULT IN THE
CONFISCATION OF THE MACHINE OR MACHINES BY THE
CITY MANACER OR HIS DESICNEE. THE PROVISIONS
41
HEREOF SHALL NOT BE CONSTRUED TO LICENSE OR
PERMIT THE OPERATION OF GAMBLING DEVICES.
(120) (125) MARINE APPRAISER, SURVEYOR, TESTING $164 . 06
(121) (126) MASSAGE CLINICS. . . (S.R ) $164 . 06
MASSEUR& 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 $99, 999 . 99 $ 15. 31
(c) FROM $100, 000 TO $199, 999 .99 VALUE OF STOCK OF
GOODS $2 , 000. 00
(d) FROM $200, 000 TO $499,999 . 99 VALUE OF STOCK OF
GOODS $3 , 000. 00
(e) FROM $500, 000 AND OVER VALUE OF STOCK OF
GOODS $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 AGENCY SHALL BE LOCATED IN
VIDED BY ZONING ORDINANCE NO. 1891,
AND PROVIDED THAT ALL MOTOR SCOOTERS
SHALL BE STORED IN LOCKED AND ROOFED
IN FACILITIES; AND FURTHER PROVIDED
THAT ALL MOTOR SCOOTERS SHALL BE
SUBJECT TO THE INSURANCE REQUIREMENTS
PROVIDED FOR RENTED AUTOMOBILES.
UNDER SECTION 42 22 .
(129) (136) MOVING PICTURE SHOWS, ONE SCREEN $937 . 50
(b) 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
k
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
0
(137) (145) OCEANOGRAPHIC RESEARCH $164 . 06
(138) (146) OFFICE, OTHER THAN LISTED $164 . 06
(139) (147) OPTICIANS $185.94
(a) 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
(a) 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
(144) (152) PAPER HANGER $164 . 06
44
(145) (153) PARKING LOTS $185. 94
(146) (154) PARTY PLANNER $164 . 06
(147) (155) PATHOLOGIST, ALL $185.94
(148) (156) PAWNBROKERS
(a) PAWNBROKERS SELLING OTHER THAN ARTICLES
TAKEN ON PLEDGE MUST TAKE OUT A REGULAR
MERCHANT'S LICENSE. EACH PERSON ENCACED IN
THE BUSINESS OF A PAWNBROKER OR CONDUCTING A
PAWNBROKINC SHOP IN THE CITY SHALL KEEP A
RECORD AND UPON DEMAND SHALL MAKE A REPORT TO
THE CHIEF OF POLICE OR HIS REPRESENTATIVE OF
EVERY ARTICLE OR THING PAWNED TO OR PURCHASED
BY HIM OR THEM. SUCH RECORD AND REPORT SHALL
SPECIFY THE ARTICLE OR THING, SUCH AS NUMBER,
MARK AND ALL OTHER SUCH DETAILS AS WILL MAKE
IDENTIFICATION OF SUCH ARTICLE OR SUCH ARTICLED
OR THINGS, CLEAR AND POSITIVE; DUCH PERSON
AFORESAID SHALL HOLD HIS SHOP OPEN TO VISITATION
OR INSPECTION BY THE POLICE, AND UPON REFUSAL OF
ANY PAWNBROKER AT ANY TIME TO SUBMIT TO SUCH
VISITATION OR INSPECTION, HIS SHOP SHALL BE
IMMEDIATELY CLOSED BY ORDER OF THE CITY MANAGER
OR HIS DESIGNEE. ALL LICENSES ISSUED TO PAWNBROKERS ARE
SUBJECT TO THESE PROVISIONS, ANY VIOLATION OF WHICH WILL
BE PUNISHED BY A REVOCATION OF THEIR LICENSE; AND NO
LICENSE ISSUED TO PAWNBROKERS SHALL BE TRANSFERRED FROM
THE PERSON TO WHOM IT WAS ISSUED.
(b) PAWNBROKERS SELLING ARTICLES TAKEN ON PLEDGE, IN
ADDITION TO HIS REGULAR MERCHANT' S LICENSE $781.25
(157) PEST CONTROL. . (STATE LICENSE REQUIRED) $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) PHOTOCRAPHERC, PHOTOGRAPHY.
NOT ITINERANT, INCLUDING DEVELOPING AND
PRINTING OR AGENCIES FOR SAME OR BOTH $185.94
(a) AGENCIES, WHERE DEVELOPING AND PRINTING
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
(c) 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 STAMP MACHINE DEALER
(a) . STAMP MACHINE DISTRIBUTOR $164 . 06
lb) . EACH MACHINE $ 10. 00
(c) . 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 REQUIRED)
(157) (170) PRIVATE SCHOOLS, NURSERIES, 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
C173) PROFESSIONAL ASSOCIATION/PROFESSIONAL _
CORPORATION $185.94
(159) (174) PROPERTY MANAGEMENT, OR THE BUSINESS OR
SERVICE OF OPENING AND CLOSING OF HOMES,
OR BOTH $185.94
(160) (175) PUBLIC RELATIONS $164 . 06
(1C1) (176) PUBLISHER $164 . 06
R
(162) (177) RACING INFORMATION (TIP SHEETS) $576.25
(178) REAL ESTATE BROKERAGE FIRMS. . . . (S.R ) $164 . 06
(a) EACH BROKER CONNECTED THEREWITH $164 . 06
(b) 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, TEMPORARY,, AT CONSTRUCTION
BITES (SUBJECT TO THE APPROVAL OF THE CITY
MANAGER) $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 $281.25
(d) IN BOATS $281. 25
(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.
(172) (188) SHOE REPAIRING
(a) REPAIRING ON PREMISES $142 . 19
(b) (a) SHOE REPAIR AGENCY, WHERE REPAIRS ARE
DONE OFF THE PREMISES $ 75. 00
(173) (189) SHOE SHINE STAND, EACH CHAIR $ 8 .75
(174) (190) SIGHTSEEING BUSES, EACH BUS $468 .75
(175) (191) SIGN WRITERS; PROVIDED, ONE MUST HAVE
CONTRACTOR' S LICENSE AND PERMIT FROM THE
BUILDING DEPARTMENT IN ORDER TO ERECT CICNG
OVER SIX SQUARE FEET IN AREA $185.94
(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 DRUGCTORE,
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 REQUIRED) $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)
(a) FAX SERVICE Y185. 94
(189) (205) TELEPHONE ANSWERING SERVICE $164 . 06
(190) (206) TELEPHONE DISTRIBUTOR $218 .75
EACH TELEPHONE $ 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 DRAMATIC TROUPES OR COMPANIED
FOR PROFIT WHERE PERFORMANCE IS NOT CIVEN IN
A LOCAL LICENSED THEATER, EACH PERFORMANCE $ 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 SERVICE,, NOT INCLUDING
COMMERCIAL LAUNDRY WORK, FOR EACH PERSON
DELIVERING $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 REQUIRED) $185.94
INCLUDING BUT NOT LIMITED TO; VANS, CARS,
RICKSHAWS, HORSE AND BUGGY, ETC. , EACH
VEHICLE $150. 00
(204) (219) TRAVEL BUREAUS/TOUR OPERATORS. . (S.R ) $164 . 06
(205) (220) TYPING, WORDPROCESSING, RESUME, LETTER WRITING
SERVICE $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, 517 16; ORD. NO. 102-6, 51; ORD. NO. 1107 ,523 ; ORD. NO
1123, 51, 2 ; ORD. NO. 1141, 52 , 3 ; ORD. NO. 1223 , 51; ORD. NO. 1227 ,51; ORD.
NO. 1267, 53; ORD. NO. 1311,511, 12 ; -ORD. NO. 1325, 51; ORD. NO. 1333,51;
ORD. NO. 1371, 51; ORD. NO. 1402 , 51; ORD. NO. 1409 , 51; ORD. NO. 1520, 51;
ORD. NO. 1529 , 51; ORD. NO. 1530,51; ORD. NO. 1548, 51; ORD. NO. 1549, 51;
ORD. NO. 1566,51; ORD. NO. 1588, 51; ORD. NO. 1600,51; ORD. NO. 1609, 51;
ORD. NO. 1G23 , 51; ORD. NO. 1630,51; ORD. NO. 16-68,51; ORD. NO. 1672 ,51;
ORD. NO. 1673 , 51; ORD. NO. 1674 ,51; ORD. NO. 1717 , 51; ORD. NO. 1786,51
TO 21; ORD. NO. 1801, 51; ORD. NO. 1815, 51; ORD. NO. 1909, 51; ORD. NO.
1927,51; ORD. NO. 74 2021, 51; ORD. NO. 76 2057, 51; ORD. NO. 76
53
2081,S1, 2 ; ORD. NO. 77 2086, S1; ORD. NO. 77 2101,S1; ORD. NO. 80
2224, 55; ORD. NO. 81 2245, S1, 2 ; ORD. NO. 82 2316, S1; ORD. NO. 82
2334,S2 ; ORD. NO. 82 2-339,52 ; ORO. NO. 83 2353,S1; ORD. NO. 82 2327,
ORD. NO. 85 2497) .
SEC. 20-12 . FEES FOR ALL OTHER BUSINESSES.
A CITY LICENSE FEE, EQUAL IN AMOUNT TO THE LICENSE FEE OR TAX IMPOSED
BY THE DADE COUNTY 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
ARTICLE.- UNTIL SUCH TIME AS THEY ARE SPECIFICALLY NAMED OR ENUMERATED.
D. ADDITIONAL BUSINESS REGULATIONS AND 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.
A. 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.
B. 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.
CEC. 20-15. DEFINITIONS; LICENSING OF CUN DEALERS; FEES; SALES.
A. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE
FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
1. FIREARM. UNLESS OTHERWISE INDICATED, SHALL MEAN ANY
REVOLVER, PISTOL, RIFLE, SHOTGUN, MACHINE CUN, DESTRUCTIVE DEVICE OR
OTHER WEAPON WHICH EXPELS A PROJECTILE BY THE ACTION OF AN EXPLOSIVE.
2 . SATURDAY NICHT SPECIAL. SHALL MEAN ANY FIREARM WHICH IG
THIRTY TWO CALIBER OR SMALLER, WHOSE BARREL IS LESS THAN THREE INCHES,
EXCEPT THOSE WHOSE FRAME IS AN INVESTMENT CAST OF FORCED STEEL, OR
INVESTMENT CAST OF FORGED HIGH INTENSITY ALLOY.
3 . SALE. SHALL INCLUDE ALL TRANSFERS, ASSIGNMENTS, PLEDGES,
LEASES, LOANS, BARTERS OR GIFTS.
B. LICENSES REQUIRED. EVERY PERSON ENGAGED IN THE BUSINESS OF
SELLING FIREARMS AT RETAIL SHALL OBTAIN A LICENSE PURSUANT TO THIS.
SECTION.
C. LICENSING PROCEDURES. NO LICENSE SHALL BE ISSUED UNDER THIS
SECTION UNTIL THE CITY MANAGER HAS EXAMINED THE APPLICANT AND OBTAINED
CERTAIN INFORMATION AS FOLLOWS:
1. PROHIBITION. IT SHALL BE UNLAWFUL FOR ANY PERSON, WITHOUT
BEING LICENSED AS PROVIDED IN THIS SECTION, TO ENGAGE IN THE BUSINESS OF
SELLING FIREARMS. THIS LICENSING REQUIREMENT APPLIES TO PERSONS IN THE
FIREARMS BUSINESS OR IN THE BUSINESS OF GUNSMITHINC, AND DOES NOT APPLY
TO ICOLATED SALES, TRANSFERS OR TRADES BETWEEN INDIVIDUALS WHO ARE
NOT REGULARLY ENGAGED IN THE SALE OR OFFERING FOR SALE OF FIREARMS.
2 . APPLICATION FOR LICENSE; CONTENT. APPLICANTS FOR LICENCES
55
TO SELL FIREARMS UNDER THIS SECTION MUST FILE WITH THE CITY MANAGER OR
HIS DESICNEE THEIR APPLICATIONS IN DUPLICATE IN THE FORM PRESCRIBED BY
PERSON(S) IN WHOSE NAME(S) THE LICENSE IS TO BE ISSUED. THE APPLICATION
SHALL STATE THE FULL NAME, ACE, RESIDENCE, PRESENT AND PREVIOUS
OCCUPATIONS OF EACH PERSON SO SI-CNING THE SAME, AND SHALL ALSO SPECIFY
THE COMPLETE NAME, ADDRESS AND LOCATION OF THE PLACE OF BUSINESS, AG
- - - e
GOOD CHARACTER, COMPETENCY AND INTEGRITY OF EACH PERSON SICNINC THE
APPLICATION OR OTHERWISE INVOLVED IN THE BUSINESS.
3 . D. e _ e e • e .. e . - _ . . .
FEDERAL LAWS—APPLICABLE TO THE SALE OF FIREARMS; FEES. AS PART OF THE
APPLICATION PROCEDURE FOR A LICENSE TO SELL FIREARMS, TWO FORMS OF
LICENCE SHALL BE DEVISED. THE FIRST LICENSE SHALL BE THE DEALER&
LICENSE, WHICH SHALL BE ISSUED TO THE OWNER, WHETHER CORPORATE OR
INDIVIDUAL, OF ANY BUSINESS WHICH SELLS FIREARMS AT RETAIL, FOR A
LICENSE FEE AS LISTED IN SEC. 20 11. THE SECOND SHALL BE THE EMPLOYEE
LICENSE, WHICH SHALL BE ISSUED FOR A FEE AS LISTED IN SEC. 20 11 TO ANY
EMPLOYEE WHO IS ENGAGED AS AN AGENT OR EMPLOYEE IN THE RETAIL SALE OF
FIREARMS. IT SHALL BE THE DUTY OF THE CITY MANAGER OR HIS DESIGNEE
WITH THE ADVICE OF THE POLICE CHIEF, TO PREPARE A MANUAL FROM WHICH
QUESTIONS ON A SHORT WRITTEN EXAMINATION WILL BE TAKEN SO THAT THE
APPLICANT, WHETHER A DEALER OF EMPLOYEE, SHALL SHOW HIS KNOWLEDGE OF
FEDERAL, STATE, COUNTY AND CITY LAWS GOVERNING FIREARMS SALES AND
OWNERSHIP. IF THE APPLICANT SHALL HAVE DIFFICULTY WITH THE WRITTEN OR
SPOKEN ENGLISH LANGUAGE, WHICH SERIOUSLY IMPAIRS HIS ABILITY TO
DEMONSTRATE HIS KNOWLEDGE OF SUCH LAWS SPECIAL PROVISIONS SHALL BE MADE
THROUGH AN INTERPRETER OR OTHERWISE, FOR THE ADMINISTRATION OF THE
REQUIRED EXAMINATION TO SUCH PERSON. IN THE EVENT OF FAILURE THE
APPLICANT MAY RETAKE THE TEST SEVEN DAYS FROM THE DATE OF EXAMINATION
HOWEVER, NO PERSON SHALL BE ALLOWED TO TAKE THIS TEST MORE THAN THREE
TIMES IN A TWELVE MONTH PERIOD. -(ORD. NO. 83 2384,§1. ) .
4 . INVESTIGATION OF APPLICATION; FINCERPRINTINC.
a. THE CITY MANAGER SHALL REQUIRE, UPON THE INITIAL
. . . e , e . . . . . , e . , e , _ . . . , = . . a - • - -
56
REQUIRE THAT THEIR PHOTOGRAPHS BE ATTACHED TO THEIR INITIAL
APPLICATIONS. THE CHIEF OF POLICE MAY MAKE A RECORDS CHECK OF EACH
APPLICANT. THE CHIEF OF POLICE SHALL MAKE A COMPLETE INVESTIGATION OF
THE APPLICANT ONLY WHEN SO DIRECTED BY THE CITY MANAGER.
b. THE APPLICANT'S FINGERPRINTS SHALL BE SEARCHED FOR
ANY PREVIOUS CRIMINAL RECORD AND SHALL BE PLACED ON FILE BY THE CHIEF OF
POLICE OF THE CITY.
5. ISSUANCE OF LICENSE. UPON COMPLETION OF AN INVESTIGATION
SHOWING THE STATEMENTS ON THE APPLICATION TO BE TRUE, AND THE TAKING AND
PASSING OF THE REQUIRED WRITTEN EXAMINATION ON GUN CONTROL LAWS AND THE
SALE OF FIREARMS, AND DUE INQUIRY INTO THE GOOD CHARACTER, COMPETENCY
AND INTEGRITY OF THE APPLICANT, IF THE CITY MANAGER IS SATISFIED AS TO
THE APPLICANT' S GOOD CHARACTER, COMPETENCY AND INTEGRITY, A LICENCE
SHALL BE ISSUED TO THE APPLICANT BY THE CITY MANAGER OR HIS DESIGNEE,
PROVIDED THAT:
a. NO LICENSE MAY BE ISSUED TO ANY PERSON WHO HAS BEEN
CONVICTED OF A FELONY AND WHOSE CIVIL RIGHTS HAVE NOT BEEN RESTORED, OR
WHO IS UNDER EIGHTEEN YEARS OF ACE.
b. NO LICENSE MAY BE ISSUED SOLELY IN THE NAME OF A
CORPORATION, FIRM, PARTNERSHIP, COMPANY OR OTHER LEGAL ENTITY, BUT THE
CORPORATE NAME MAY BE LISTED ON THE LICENSE.
6. FILE OF APPLICATIONS AND LICENSES. AFTER DISPOSITION OF
THE APPLICATION, THE ORIGINAL SHALL BE MAINTAINED IN THE FILE OF THE
CITY MANAGER. THE DUPLICATE COPY AND ALL RENEWAL LICENSES SHALL BE
FILED WITH THE CHIEF OF POLICE. ATTACHED THERETO SHALL BE INFORMATION
AS TO THE FINAL DISPOSITION OF THE APPLICATION.
7 . CONDITIONS; REVOCATION. A LICENSE ISSUED IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION IS SUBJECT TO THE FOLLOWING
CONDITIONS FOR BREACH OF ANY OF WHICH THE LICENSE IS SUBJECT TO
REVOCATION:
a. THE BUSINESS SHALL BE CARRIED ON ONLY IN THE PREMISES
DESIGNATED IN THE LICENSE.
b. THE LICENSE OR A COPY CERTIFIED BY THE ISSUING
AUTHORITY SHALL BE DISPLAYED IN A CONSPICUOUS PLACE ON THE PREMISES IN
57
WHICH THE BUSINESS IS CONDUCTED WHERE IT CAN BE EASILY READ.
c. NO HANDGUN, OR IMITATION THEREOF, SHALL BE PLACED IN
ANY DISPLAY WINDOW OF THE PREMISES.
d. A TRUE RECORD OF EVERY SALE OF FIREARMS SHALL BE KEPT
BY THE LICENSEE IN ACCORDANCE WITH THE PROVISIONS OF THE APPLICABLE
FLORIDA STATUTES AND SHALL BE AVAILABLE FGR INSP-ECTION, DURING NORMAL
BUSINESS HOURS, BY THE MIAMI BEACH POLICE DEPARTMENT ON A FORM
PRESCRIBED BY THE CHIEF OF POLICE, AND A COPY OF THE RECORD OF EACH SALE
SHALL BE MAILED TO THE CHIEF OF POLICE WITHIN TWENTY FOUR HOURS OF THE
DELIVERY OF THE FIREARM.
e. THE FOLLOWING SHALL ALSO CONSTITUTE GROUNDS FOR
REVOCATION OF THE LICENSE:
(1) CONVICTION OF THE LICENSEE OF ANY FELONY.
(2) ANY GROUNDS FOR WHICH THE LICENSEE COULD HAVE
BEEN REFUSED WHEN APPLIED FOR.
(3) CONVICTION FOR VIOLATION OF SUBSECTION (D) (1)
OF THIS SECTION.
f. UPON REVOCATION, THE LICENSEE OR LICENSEES SHALL BE
ENTITLED TO AN IMMEDIATE HEARING BEFORE THE CITY MANAGER OR HIS DESICNEE
UPON THE MERITS TO OBTAIN REINSTATEMENT OF SAID LICENSE. THE CIRCUIT
COURT SHALL REVIEW ORDERS DENYING LICENSES TO SELL AND ORDERS DENYING
REINSTATEMENT OF A REVOKED LICENSE.
a. LICENSES UNDER THIS SECTION ARE NOT TRANSFERABLE. IT
SHALL BE UNLAWFUL FOR ANY LICENSEE TO ASSIGN, SELL, LEASE OR IN ANY
MANNER TRANSFER OR ATTEMPT TO SELL, LEASE OR IN ANY MANNER TRANSFER SAID
LICENSE OR ANY RIGHTS OR DUTIES THEREUNDER.
b. IF, DURING THE TERM OF THE LICENSE, A PERSON SO
LICENSED CEASES TO ENGAGE IN THE SAID BUSINESS OR CEASES TO SELL
FIREARMS, SAID LICENSE MAY BE SURRENDERED TO THE CITY, WHICH SHALL
THEREBY RELIEVE SAID PERSON FROM FUTURE RESPONSIBILITY UNDER THE
LICENSE.
c. ANY LICENSED EMPLOYEE MAY WORK AT ANY OTHER LICENSED
DEALER PREMISES IN THE CITY OF MIAMI BEACH WITHOUT NOTICE OF TRANSFER TO
THE CITY COMMISSION.
58
d. ANNUAL RENEWAL FOR DEALER LICENSES SHALL BE ON FORME
PROVIDED FOR THAT PURPOSE LISTING THE NAME, ADDRESS, COMPANY NAME AND
THE APPLICANT AND SHALL REQUIRE PAYMENT OF A RENEWAL FEE AS PER § 20 11.
. .. .. De "
D. REGISTRATION OF SALES AND TRANSFERS REQUIRED; PENALTY.
1. RECISTER. EVERY PERSON ENGAGED IN THE BUSINESS OF SELLING,
LEASING, OR OTHERWISE TRANSFERRING FIREARMS OF A SIZE CAPABLE OF BEING
READILY CONCEALED ON THE PERSON WHETHER SUCH SELLER, LESSOR OR
TRANSFEROR IS A RETAIL DEALER, PAWNBROKER, OR OTHERWISE, SHALL KEEP A
REGISTER IN WHICH SHALL BE ENTERED THE DATE AND TIME OF SALE, LEASE OR
TRANSFER; THE PLACE WHERE SOLD, LEASED OR TRANSFERRED; MAKE, MODEL,
MANUFACTURER' S NUMBER, CALIBER OR OTHER MARKS OF IDENTIFICATION OF SUCH
FIREARM; THE PURCHASER' S NAME, ADDRESS, COLOR, SEX, ACE, WEIGHT, HEIGHT,
COMPLEXION, COLOR OF HAIR, BIRTHPLACE, PLACE OF RESIDENCE, LENGTH OF
RESIDENCE, OCCUPATION, EMPLOYER, AND THE DATE AND TIME OF DELIVERY.
2 . PURCHASER AND SELLER TO SIGN. THE PERSON TO WHOM SUCH
FIREARM IS SOLD, LEASED OR OTHERWISE TRANSFERRED SHALL SIGN AND THE
DEALER SHALL REQUIRE HIM TO SIGN HIS NAME AND AFFIX HIS ADDRESS TO THE
REGISTER IN DUPLICATE AND THE SALESMAN SHALL AFFIX HIS SIGNATURE IN
DUPLICATE AS A WITNESS TO THE SIGNATURE OF THE PERSON TO WHOM SUCH
FIREARM IS SOLD, LEASED OR TRANSFERRED.
3. FICTITIOUS NAME PROHIBITED. ANY PERSON SIGNING A
FICTITIOUS NAME OR ADDRESS IN SUCH REGISTER IS GUILTY OF A VIOLATION OF
THIS SECTION.
4 . EXCEPTIONS. THIS SUBSECTION (1) SHALL NOT APPLY TO
WHOLESALE DEALERS IN THEIR BUSINESS INTERCOURSE WITH RETAIL DEALERS NOR
TO RETAIL DEALERS IN THEIR BUSINESS INTERCOURSE WITH OTHER RETAIL
DEALERS, NOT TO WHOLESALE OR RETAIL DEALERS IN THE REGULAR OR ORDINARY
TRANSPORTATION OF UNLOADED FIREARMS, MERCHANDISE BY MAIL, EXPRESS OR
OTHER MODE OF SHIPMENT, TO POINTS OUTSIDE THE CITY, NOR TO SALES OR
TRANSFER OF FIREARMS THAT DO NO USE A SELF CONTAINING CARTRIDGE.
. .. e e e . . -ee
REQUIRED BY THE FEDERAL FIREARMS ACT, SHALL BE OPEN AT ALL REASONABLE
59
HOURS FOR THE INSPECTION OF ANY POLICE OR PEACE OFFICER.
6. PENALTY. EVERY PERSON WHO IS CONVICTED FOR A VIOLATION OF
THIS SECTION SHALL BE PUNISHED UPON A FIRST CONVICTION BY IMPRISONMENT
FOR NOT LESS THAN SIX MONTHS OR BY A FINE OF NOT LESS THAN ONE THOUSAND
DOLLARS OR BY BOTH SUCH FINE AND IMPRISONMENT, IN THE DISCRETION OF THE
COURT, AND ON A SECOND AND SUBSEQUENT CONVICTION SHALL BE PUNISHED BY
IMPRISONMENT FOR NOT LESS THAN ONE THOUSAND DOLLARS OR BY BOTH SUCH FINE
AND IMPRISONMENT, IN THE DISCRETION OF THE COURT. (ORD. NO. 82 2316,S1;
ORD. NO. 82 2333 , S1. ) .
SEC. 20 22 . METHOD OF COLLECTION OF DELINQUENT FEES AND TAXES.
WHENEVER ANY LICENSEE OR PERSON WHO IS REQUIRED TO OBTAIN A LICENSE
UNDER TH- -S _ _ __ e - EN DUE OR TO PAY ANY OTHER FEE
OR FINE IMPOSED BY THIS CHAPTER, OR TO PAY ANY OTHER CITY TAX OR FEE
REQUIRED BY THE CITY CODE, THE CITY ATTORNEY AND CITY PROSECUTOR MAY, IN
ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW:
A. SEEK CIVIL AND CRIMINAL PENALTIES AS AUTHORISED BY THIS
CHAPTER;
B. RECOMMEND THE IMPOSITION OF ADMINISTRATIVE SANCTIONS BY THE
CITY MANAGER UNDER ARTICLE II III OF THIS CHAPTER;
C. PETITION THE CIRCUIT COURT TO ENJOIN THE LICENSEE OR PERSON
FROM ENGAGING IN THE BUSINESS FOR WHICH HE HAS FAILED TO PAY SAID SUM,
UNTIL SUCH TIME AS HE SHALL PAY THE SAME WITH COSTS OF SUCH ACTION;
D. FILE A PETITION WITH THE COUNTY OR CIRCUIT COURTS, OR WITH THE
DADE COUNTY TAX COLLECTOR, TO OBTAIN A WARRANT OR OTHER ORDER
AUTHORISING THE LEVY UPON AND SALE OF ANY REAL OR PERSONAL PROPERTY OF
THE PERSON OWNING THE BUSINESS, TO COLLECT THE AMOUNT DUE PLUS THE COST
OF EXECUTING THE SAME, PLUS COURT COSTS AND REASONABLE ATTORNEY FEES.
THE OFFICER TO WHOM THE WARRANT OR ORDER IS DELIVERED SHALL PROCEED IN
ALL RESPECTS AND IN THE SAME MANNER PRESCRIBED BY LAW IN REGARD TO
EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGEMENTS OF A CIRCUIT COURT,
AND SHALL BE ENTITLED TO THE SAME FEE FOR HIS SERVICES IN EXECUTING THE
WARRANT, TO BE COLLECTED IN THE SAME MANNER. A COPY OF THE WARRANT OR
60
ORDER SHALL BE FILED WITH CLERK OF THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT, AND THE CLERK SHALL RECORD THE SAME, WHEREUPON THE
AMOUNT DUE SHALL BECOME A LIEN UPON THE TITLE TO- AND LEGAL OR EQUITABLE
INTEREST IN ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED, OF THE PERSON
OR BUSINESS AGAINST WHOM THE LIEN IS OBTAINED, IN THE SAME MANNER AND TO
THE SAME EXTENT AS A JUDGMENT DULY DOCKETED IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT WITH EXECUTION DULY ISSUED. IN ADDITION, ANY PERSON
WHO FAILS TO PAY A LICENSE FEE, TAX, FINE OR OTHER CUM REQUIRED BY THIS
CHAPTER SHALL, ON PETITION OF THE CITY ATTORNEY, BE ENJOINED BY THE
CIRCUIT COURT FROM ENGAGING IN THE BUSINESS FOR WHICH HE HAS FAILED TO
PAY SAID SUM, UNTIL SUCH TIME AS HE SHALL PAY THE SAME 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 IMPRISONED
FOR NO LONGER THAN NINETY DAYS AND FINED NO MORE THAN FIVE THOUSAND
DOLLARS, AND SHALL 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.
SEC. 20-23. 1. AUTOMATIC REVOCATION DUE TO LAPSE OF INSURANCE.
AT ANY TIME DURING THE LICENSE YEAR IF THE REQUIRED INSURANCE IS NOT
MAINTAINED AT THE LIMITS REQUIRED OF THE LICENSED BUSINESS, THE LICENSE
SHALL BECOME NULL AND VOID ON THE EXPIRATION OR LAPSE DATE OF THE
POLICY.
61
SEC. 20-23.2 . AUTOMATIC REVOCATION DUE TO CANCELLATION OF BOND.
AT ANY TIME DURING THE LICENSE YEAR IF THE REQUIRED BOND IS NOT
MAINTAINED AT THE LIMITS REQUIRED OF SAID BUSINESS, THE LICENSE SHALL
BECOME NULL AND VOID ON THE EXPIRATION OR LAPSE DATE OF THE BOND.
SEC. 20 24 . SEC. 20-17. PENALTIES; EACH DAY'S OPERATION WITHOUT
- - - - e e . . . ! - - . " - e - - - ,ENFORCEMENT;
COLLECTION OF DELINQUENT 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 Milt 3F SHALL
BE PROSECUTED AND SHALL UPON CONVICTION BE PUNISHED BY A FINE NOT
EXCEEDING FIVE THOUSAND DOLLARS AND IMPRISONMENT NOT EXCEEDING NINETY
DAYS. EACH DAY A BUSINESS IS CONDUCTED WITHOUT FIRST HAVING PROCURED A
LICENCE (THEREFORE) SHALL BE AN INDIVIDUAL OFFENSE PUNISHABLE AG
CPECIFIED HEREIN. PAST DUE BUSINESS LICENSE FEES AND PENALTIES FOR THE
OPERATION OF RESIDENTIAL PROPERTIES (HOTELS, APARTMENTS, ACLF'S) MAY 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 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 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 REQUIRED 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.
A. REQUIREMENTS:
1. A SPECIAL APPLICATION ON A FORM PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE MUST BE COMPLETED AND SUBMITTED. THIS FORM
SHALL INCLUDE THE NAMES OF FIVE BUSINESS OR PROFESSIONAL MEN AS
REFERENCE.
2 . A FLOOR PLAN DRAWING OF THE PREMISES TO INCLUDE ALL DOORS,
ROOMS, PARTITIONS, CLOSETS AND THE LOCATIONS OF ALL TELEPHONES AND
WINDOWS SHALL BE SUBMITTED.
3 . A SIGN SHALL BE ERECTED ON THE MAIN ENTRANCE DOOR OF EACH
CARDROOM, VISIBLE ON THE OUTSIDE, DESIGNATING SUCH ROOM AS A CARDROOM,
AND IF IN OTHER THAN A HOTEL, MOTEL, APARTMENT HOUSE, CONDOMINIUM OR
COOPERATIVE APARTMENT, WHETHER OPEN TO THE PUBLIC OR PRIVATE, AND THE
HOURS OF OPERATION.
4 . WHERE THE PREMISES ARE IN AN OFFICE BUILDING, AND THE
CARDROOM ENTRANCE IS NOT COMPLETELY VISIBLE FROM THE MAIN ENTRANCE, THEN
A SIGN SHALL BE PROMINENTLY DISPLAYED IN THE LOBBY OR VESTIBULE GIVING
THE NAME AND LOCATION OF ANY AND ALL CARDROOMS IN SUCH STRUCTURE.
65
4
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) SQUARE 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 NOT 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 REQUIRED 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.
SEC. 20-13. SEC. 20-24. . - - - - .. e - e - COIN—OPERATED MACHINES
ARCADES.
A. EVERY MUSIC BOX, MECHANICAL PHONOGRAPH, JUKE BOX, PIN—BALL,
MECHANICAL OR ELECTRONIC DEVICE OF SKILL, FOOD OR DRINK DISPENSING
MACHINE, NEWSPAPER DISPENSING RACK 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 DOLLARS 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 REQUIRED 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.
C. 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.
EEC. 20-18. 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 20-17. SEC. 20-28. s - - e - - ' - - • - e - • - ! e 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. 20-16. SEC. 20-29. MEDICAL CLINICS; LICENSE FEE; DISCLOSURE OF
PHYSICIANS; - - . - - - - . - • - - - , EXEMPTIONS:
EVERY FIRM OR ESTABLISHMENT WHICH PROVIDES OUTPATIENT AND/OR AMBULATORY
SHALL BE REQUIRED TO OBTAIN A BUSINESS LICENSE AND SHALL, IN ADDITION TO
THE OTHER REGISTRATION REQUIREMENTS UNDER SECTION 20 10 OF THIS ARTICLE,
DISCLOSE IN WRITING THE NAMES OF EACH PHYSICIAN ASSOCIATED WITH THE
ESTABLISHMENT. IN ADDITION EACH SUCH ESTABLISHMENT, AS A CONDITION OF
BEING LICENSED, SHALL FILE WITH THE CITY MANAGER OR HIS DESIGNEE COPIED
OF THE STATE MEDICAL LICENSES OF ALL SUCH PHYSICIANS, AND INSURE THAT
SUCH PHYSICIANS OBTAIN A CITY OF MIAMI BEACH OCCUPATIONAL LICENSE. ALL
CLINICS, ETC. WITHIN THE CITY OF MIAMI BEACH OR ON PRIVATE DUTY SHALL
OBTAIN AN 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 INADEQUATE
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
I
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.
SEC 20-19. SEC. 20-32 . PARKING LOT; EXEMPTIONS,
APPLICABILITY, VALET PARKING.
(a) DEFINITION. THE TERM "PARKING LOT" FOR PURPOSES OF THID
SECTION SHALL MEAN ANY BUSINESS ENGAGED IN WHOLE OR IN PART IN THE OR
PARKING OF THREE OR MORE MOTOR VEHICLES FOR PAYMENT OF A FEE PROVIDED
THAT THE FOLLOWING SHALL BE EXEMPT FROM 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 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.
(b) LICENSE REQUIRED. NO PERSON SHALL CONDUCT, OPERATE OR MAINTAIN
A PARKING LOT WITHOUT FIRST OBTAINING AN ANNUAL LICENSE THEREFOR FROM
THE CITY MANAGER OR HIS DESIGNEE. NO LICENSE SHALL BE ISSUED WITHOUT A
CERTIFICATE FROM THE CITY MANAGER OR HIS DESIGNEE STATING THAT THE
PARTICULAR PARKING LOT OR AREA CONFORMS IN ALL RESPECTS TO THE ZONING
ORDINANCE #2665.
(c) APPLICATION. NO LICENSE REQUIRED BY THIS CHAPTER SHALL BE
GRANTED UNTIL THE APPLICANT FOR SUCH LICENSE SATISFIES ALL REQUIREMENTG
OF THE CITY (NUMBER ISSUED TO THE OWNER OR OPERATOR. )
75
4
B. (d) 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.
C. (c) 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 SHALL BE AS PROVIDED
FOR IN SECTION 20 11 OF THIS ARTICLE.
(g) PENALTIES. IT SHALL BE UNLAWFUL AND A VIOLATION OF THID
SECTION FOR ANY LICENSEE TO USE, OR PERMIT TO BE USED IN WHOLE OR IN
PART, ANY PARKING LOT, UNLESS THE SAME IS IN COMPLIANCE WITH THE
REQUIREMENTS OF THIS CHAPTER. IT SHALL BE UNLAWFUL FOR ANY LICENSEE TO
FAIL TO MAINTAIN THE REQUIREMENTS OF THIS SECTION FOR ANY PERIOD DURING
THE PERIOD LICENSED HERE UNDER. IT SHALL BE UNLAWFUL FOR ANY PERSON
OWNING OR OPERATING A PARKING LOT IN THE CITY, UNLESS EXPRESSLY EXEMPTED
BY THIS ARTICLE, NOT TO OBTAIN A LICENSE UNDER THIS ARTICLE. (ORD. NO.
S8 2625, S1. ) .
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
76
%
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
(2) . ANY MINOR UNLESS SAID MINOR HAS THE CONSENT OF
HIS OR HER PARENT OR GUARDIAN PURSUANT TO FLA. STAT. 538 . 014; OR
(3) . ANY PERSON USING A NAME OTHER THAN HIS OWN.
b. REFUSING, DENYING OR INTERFERING WITH THE LAWFUL
INSPECTION OF THE RECORDS REQUIRED TO BE KEPT BY THIS SECTION BY A
POLICE OFFICER.
c. DISPOSING OF ANY PROPERTY COVERED BY THIS SECTION
CONTRARY TO THE PROVISIONS OF THIS SECTION.
d. FAILING OR NEGLECTING TO COMPLY WITH ANY APPLICABLE
PROVISION OF THIS SECTION.
6. ALL PAWNBROKERS SHALL BE REQUIRED TO OBTAIN A SECONDHAND
DEALER LICENSE IN ADDITION TO THE PAWNBROKER LICENSE.
7 . THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
a. REGISTERED RELIGIOUS OR CHARITABLE ORGANIZATIONS
SELLING RECONDITIONED, OR USED ARTICLES AT A TEMPORARY OR OCCASIONAL
SALE;
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. 20-14. 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 THREE OR MORE UNITS FOR RESIDENTIAL PURPOSES, AS DEFINED BY 83 .43 (2)
FLORIDA STATUES (AS AMENDED) SHALL OBTAIN A LICENSE PURSUANT TO THIS
ARTICLE, 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. - e D . e
ANNUAL FEE AS PROVIDED FOR IN SECTION 2-0 11 OF THIS ARTICLE. FAILURE TO
OBTAIN A LICENSE REQUIRED BY THIS SECTION SHALL RESULT IN PENALTIES A&
SPECIFIED BY THIS CHAPTER.
(b) PROHIBITED PRACTICES; ENFORCEMENT. NO PERSON SUBJECT TO THE
RESIDENTIAL LANDLORD AND TENANT ACT, 83 . 40, ET. SEQ. , FLA. STAT. (1981) ;
501. 204, ET SEQ. , FLA. STAT. (1981) ; ARTICLE III OF THIS CHAPTER, OR ANY
SECTION OF THE MIAMI BEACH CITY CODE GOVERNING LANDLORD TENANT MATTERS.
VIOLATIONS OF THESE PROVISIONS SHALL BE SUBJECT TO PROSECUTION UNDER
THIS CHAPTER, SHALL BE CAUSE FOR SUSPENSION OR REVOCATION OF A
LANDLORD' S LICENSE PURSUANT TO ARTICLE II OF THIS CHAPTER, AND SHALL BE
GROUNDS FOR A CIVIL ACTION BY THE CITY ATTORNEY OR INJURED TENANTS UNDER
ARTICLE III OF THIS CHAPTER.
(c) OTHER LAWS. THIS SECTION SHALL NOT SUPERSEDE AND SHALL BE IN
ADDITION TO ALL OTHER LAWS, LOCAL, STATE AND FEDERAL, GOVERNING
LANDLORD TENANT RELATIONS, BUT SHALL REPEAL SECTIONS 2 76 THROUGH 2 82 ,
MIAMI 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 REQUIRED
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
4
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 REQUIREMENTS 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 FOR 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 OF LICENSES AND PERMITS.
SEC. 20 25. SEC. 20-40. GROUNDS FOR SUSPENSION, REVOCATION, AND
DENIAL.
A. 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) 1. THE LICENSEE HAS MISREPRESENTED OR FAILED TO DISCLOSE
MATERIAL INFORMATION REQUIRED BY THIS CHAPTER TO BE INCLUDED IN THE
LICENSE APPLICATION FORM.
(b) 2 . 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) 3 . 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) 4 . HABITUAL CONDUCT HAS OCCURRED AT THE LICENSEE' S PREMISES
WHICH VIOLATES CITY, COUNTY OR STATE LAW.
(c) 5. 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) 6. THE LICENSEE HAS VIOLATED ANY PROVISION OF THIS CHAPTER
AND HAS FAILED OR REFUSED TO CEASE OR CORRECT THE VIOLATION AFTER
NOTIFICATION THEREOF.
(g) 7 . 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.
(h) 8 . THE LICENSEE WITHIN THE PRECEDING 5 YEARS IN THIS STATE,
OR ANY OTHER STATET OR 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 ANY OTHER CRIME REFLECTING ON
PROFESSIONAL CHARACTER.
(i) 9 . 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) 10. THE LICENSEE' S PREMISES HAVE BEEN FOUND TO CONSTITUTE A
PUBLIC NUISANCE BY THE NUISANCE ABATEMENT BOARD.
B. 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.
C. 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 INTERESTED, FOR ANY PREMISE
DURING THE TERM 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.
D. 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.
EEC. 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 THE
EVENT A LICENSEE FAILS TO COMPLY WITH A LAWFUL ORDER OF THE CITY MANAGER
OR HIS DESIGNEE, THE CITY MANAGER OR HIS DESIGNEE MAY ORDER THE CLOSING
OF THE OFFENDING BUSINESS AND ENFORCE 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 REQUESTED 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 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 $75. 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
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 HAVE LEGAL COUNSEL PRECENT, SUBMIT RELEVANT
EVIDENCE, AND 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.
3: 4 . 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.
5. 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 REGISTERED 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 STANDARD OF REVIEW SHALL BE
WHETHER THE CITY MANAGER/BOARD OF ADJUSTMENT' S ACTION OR DECISION IC
SUPPORTED BY SUBSTANTIAL COMPETENT EVIDENCE AND WHETHER THE
ADMINISTRATIVE HEARING DEPARTED FROM THE ESSENTIAL REQUIREMENTS OF LAW.
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.
SEC. 20 30. PURPOSES; RULES OF CONSTRUCTION.
THIS ARTICLE SHALL NOT SUPERSEDE, BUT SHALL BE IN ADDITION TO, ALL OTHER
MIAMI BEACH ORDINANCES GOVERNING COMMERCIAL ACTIVITIES AND CONSUMER
PRACTICES. THE PROVISIONS OF THIS ARTICLE SHALL BE CONSTRUED LIBERALLY
TO PROMOTE THE FOLLOWING POLICIES:
A. TO PROTECT CONSUMERS OF RETAIL GOODS, SERVICES, PROPERTY OR
INTANGIBLES (INCLUDING BUT NOT LIMITED TO RETAIL PURCHASERS, PATRONS,
BORROWERS AND RESIDENTIAL LESSEES) FROM DECEPTIVE AND UNFAIR TRADE
PRACTICES BY ANY BUSINESS WITHIN THE CITY OF MIAMI BEACH.
B. TO MAKE CITY REGULATION OF CONSUMER PRACTICES CONSISTENT WITH
ESTABLISHED POLICIES OF COUNTY, STATE AND FEDERAL LAW RELATING TO
CONSUMER PROTECTION.
SEC. 20 31. UNLAWFUL ACTS AND PRACTICES.
UNFAIR-METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICED
IN CONDUCT OF ANY BUSINESS, TRADE OR COMMERCE ARE HEREBY DECLARED
UNLAWFUL. IT IS THE INTENT -OF THE CITY COMMISSION THAT IN CONSTRUING
THIS SECTION, DUE CONSIDERATION AND GREAT WEIGHT SHALL BE GIVEN TO THE
RULES OF THE FLORIDA DEPARTMENT OF LEGAL AFFAIRS UNDER S 501. 204, FLA.
STAT. (1981) AND THE RULES AND DECISIONS OF THE FEDERAL TRADE COMMISSION
AND THE FEDERAL COURTS RELATINC TO §5(A) (1) OF THE FEDERAL TRADE
COMMISSION ACT (15 U. S.C. 45(A) (1) , AS FROM TIME TO TIME AMENDED.
SEC. 20-31. 1. INVESTIGATIONS AND REFERRALS.
THE CITY OF MIAMI BEACH CITY MANAGER OR HIS DESIGNEE SHALL BE EMPOWERED
TO INVESTIGATE ALLEGED VIOLATIONS OF THIS ARTICLE. IN THE EVENT THE
CITY MANAGER FINDS THAT PROBABLE CAUSE EXISTS TO BELIEVE THAT A
VIOLATION HAS OCCURRED, HE MAY REFER THE CASE TO THE CITY ATTORNEY OR
89
TAKE SUCH OTHER ACTION AS MAY BE AUTHORIZED BY THIS CHAPTER. THE CITY
ATTORNEY, IN ADDITION TO THOSE OTHER CIVIL AND CRIMINAL PENALTIES
AUTHORIZED BY THIS CHAPTER, SHALL HAVE THE DISCRETION TO INITIATE A
CIVIL ACTION TO ENFORCE THE PROVISIONS OF THIS ARTICLE, AS PROVIDED
BELOW. ANY PERSON WHO ENGAGES IN A COURSE OF BUSINESS ACTIVITY
CONSISTING OF REPEATED OR EGREGIOUS, UNFAIR OR DECEPTIVE TRADE
PRACTICES, SHALL HAVE HIS OCCUPATIONAL LICENSE REVOKED BY THE CITY
MANAGER, IN ADDITION TO ANY 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 CONSUMERS AND CITY ATTORNEY.
A. ANY CONSUMER INJURED OR AGGRIEVED BY AN ACT OR PRACTICE IN
VIOLATION OF THIS ARTICLE MAY BRING A CIVIL ACTION FOR DAMAGES AND, IF
THE PREVAILING PARTY, SHALL BE AWARDED BY THE COURT REASONABLE ATTORNEY
FEES AND COURT COSTS. IN THE EVENT THE COURT FINDS THAT SUCH AN ACTION
BY A CONSUMER WAS FRIVOLOUS, IT SHALL AWARD THE DEFENDANT BUSINESS ITS
COURT COSTS AND ATTORNEY FEES.
B. THE CITY ATTORNEY IS HEREBY AUTHORIZED TO BRING:
1. AN ACTION TO OBTAIN A DECLARATORY JUDGMENT THAT AN ACT OR
PRACTICE VIOLATES ANY PROVISION OF THIS CHAPTER. IN THE EVENT THE CITY
INITIATES A CIVIL ACTION AND THE RETAIL ESTABLISHMENT IS FOUND TO HAVE
VIOLATED THIS ARTICLE, THE COURT SHALL AWARD THE CITY OF MIAMI BEACH
REASONABLE ATTORNEY' S FEES AND COURT COSTS.
2 . AN ACTION TO ENJOIN A VIOLATION BY ANY BUSINESS WHICH HAS
VIOLATED, IS VIOLATING, OR IS LIKELY TO VIOLATE ANY PROVISION OF TIIIS
CHAPTER.
SEC. 20 33 . EFFECT ON OTHER REMEDIES.
THE REMEDIES OF THIS ARTICLE ARE IN ADDITION TO REMEDIES OTHERWISE
. . . . .. . . . . . . . .
90
CONSUMER PROTECTION LAWS AND ORDINANCES NOT INCONSISTENT WITH THIS PART.
THE FOLLOWING CONDUCT SHALL CONSTITUTE PER EE VIOLATIONS OF SECTION 20
25 BUT THIS SECTION SHALL NOT BE CONSTRUED AS AN EXCLUSIVE DEFINITION OF
UNFAIR OR DECEPTIVE TRADE PRACTICES.
A. REPRESENTATION BY ANY BUSINESS OF PRICE OF A COMMODITY, SERVICE
OR OTHER THING OF VALUE UNLESS SUCH PRICE REPRESENTATION IS THE COMPLETE
PURCHASE OR LEASE PRICE, WHICH SHALL BE UNCONDITIONED AND INCLUDE ALL
CHARGES EXCEPT TAXES LEVIED AT THE RETAIL LEVEL.
B. A REPRESENTATION BY ANY BUSINESS OF BRAND, QUALITY, QUANTITY,
TRADE NAME, OR OTHER CHARACTER OF ANY GOODS, PROPERTY OR SERVICE THAT IG
UNTRUE OR MISLEADING.
C. PASSING OFF GOODS OR SERVICES AS THOSE OF ANOTHER.
D. CREATING LIKELIHOOD OF CONFUSION OR OF MISUNDERSTANDING AS TO
THE SOURCE, SPONSORSHIP, APPROVAL, OR CERTIFICATION OF GOODS OR
SERVICES.
E. CREATING LIKELIHOOD OF CONFUSION OR OF MISUNDERSTANDING AS TO
AFFILIATION, CONNECTION, OR ASSOCIATION WITH, OR CERTIFICATION BY
ANOTHER.
F. USING DECEPTIVE REPRESENTATIONS OR DESIGNATION OF GEOGRAPHIC
ORIGIN IN CONNECTION WITH GOODS OR SERVICES.
C. REPRESENTING THAT GOODS OR SERVICES HAVE SPONSORSHIP, APPROVAL,
CHARACTERISTICS, INGREDIENTS, USES, BENEFITS, OR QUANTITIES, THAT THEY
DO NOT HAVE OR THAT A PERSON HAS A SPONSORSHIP, APPROVAL, STATUS,
AFFILIATION, OR CONNECTION THAT HE DOES NOT HAVE.
H. REPRESENTING THAT GOODS ARE ORIGINAL OR NEW IF THEY ARE
DETERIORATED, ALTERED, RECONDITIONED, RECLAIMED, USED OR SECOND HAND.
I . REPRESENTING THAT GOODS OR SERVICES ARE OF A PARTICULAR
STANDARD, QUALITY, OR GRADE, OR THAT GOODS ARE OF A PARTICULAR STYLE OR
MODEL, IF THEY ARE OF ANOTHER.
J. DISPARAGING THE GOODS, SERVICES OR BUSINESS OF ANOTHER BY FALSE
OR MISLEADING REPRESENTATION OF FACT.
K. ADVERTISING GOODS OR SERVICES WITH INTENT NOT TO SELL THEM AG
91
ADVERTISED.
L. ADVERTISING GOODS OR SERVICES WITH INTENT NOT TO SUPPLY
REASONABLE EXPECTABLE PUBLIC DEMAND, UNLESS THE ADVERTISEMENT DISCLOSES
A LIMITATION OF QUANTITY.
M. MAKING FALSE OR MISLEADING STATEMENTS OF FACT CONCERNING THE
REASONS FOR EXISTENCE OF OR AMOUNTS OF PRICE REDUCTIONS.
N. KEEPING FOR THE PURPOSES OF SALE, ADVERTISING OR OFFERING OR
EXPOSING FOR SALE, OR SELLING ANY COMMODITY, THING, OR SERVICE IN A
CONDITION OR MANNER CONTRARY TO LAW OR REGULATION.
O. SELLING OR OFFERING OR EXPOSING FOR SALE, LESS THAN THE QUANTITY
REPRESENTED OF ANY COMMODITY, THING OR SERVICE.
P. VIOLATION OF CITY, COUNTY 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 12th day of
September , 1992 .
PASSED and ADOPTED this 2nd d of / September , , 1992 .
ATTEST:
MAYOR
CITY CLERK
1st reading 7/22/92
2nd reading 9/2/92
FORM APPROVED
LEGAL DEPT.
By Sia, )/;'
Date 7-- 16 —cf�
94
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
COMMISSION MEMORANDUM NO. 14L0-92_,
TO: Mayor Seymour Gelber and DATE:Ju ly 22 , 1992
Members of the City Commission
FROM: Roger M. Cari.t?e"(/vLC ..._
�W�
City Manager ,
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 - Definitions expanded from 5 to 58 .
20-1 - Business Licenses Required: no change.
20-2 - 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" .
20-3 - Duration. .Expiration. .Transfers: same content and
meaning, but reworded with changed format for
clarification.
20-4 - Pro Rata Payment. .Refunds: unchanged.
20-5 - Cumulative Effect of Article: minor change; added
words "ordinances and regulations" .
20-6 - Business Limited by Licenses: no change.
20-7 - Posting: no change.
20-8 - Convention Center. . Exemption: no change.
20-9 - Responsibility. .Liability of Officers: minor change;
replaced the word "a" with the word "the" .
20-10 - 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
I TEM
k
DATE `1 - 2-q Z-
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.
(10) Antique Dealer - provided new category.
Note: All (11) Apartment houses - deleted language repeated
classifica- elsewhere in chapter and added "less kitchens and
tions with bathrooms" .
a number (13) Arcade - provided fee for each machine previously
greater listed elsewhere in the section.
than 9 (19) Auction business - provided new classification.
have been (20) Automobile/Truck - deleted previous code
renumbered references, replaced with correct section
due to the references, deleted antiquated language, provided
addition new categories for car wash and detailing, garage's
of new (moved from alphabetical G section) and used vehicle
classifica- dealers previously listed under 2nd Hand Dealers.
tions. (21) 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.
g
(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 .
(193) Soda Fountains - deleted licensing exemption for
drugstore and confectionery store and provided for
inclusion of frozen yogurt within this category.
(198) Stock Brokers - provided fee for salesmen.
(200) Tailor/Alterations - title change and provided
accessory classification.
(201) Talent/Modeling Agency - new classification.
(202) Tax Collection Agencies. . - provided accessory
classification.
(204) Telegraph Companies - deleted FAX Service which now
has its own category.
(211) Theaters - developed more equitable means of
licensing smaller theaters.
(216) Towel & Linen Supply Service - deleted licensing
requirement for each delivery person.
(217) Tow Truck - added "or Towing" for clarification.
(218) Transportation Service - added insurance required.
(219) Travel Bureaus. . - added "S .R. " (State
Requirements) .
(223) Valet Parking. . - added insurance required.
(226) Video Tape Rental - allowed accessory rental of tape
players and camcorders in main category and provided
a tape rental accessory classification.
(229) Window Cleaners & Janitorial Services - added bond
required.
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.
20-14 - 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.
20-16 - Penalties for False Disclosure: renumbered.
20-17 - Property Owner ' s Responsibility: additional section.
20-18 - 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.
20-28 - 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 .
20-31 - Insurance Agents: renumbered, no other changes.
20-32 - Medical Clinics. . Physicians: renumbered & clarified.
20-33 - Motor Scooter Rental Agency: new section.
20-34 - Newsstands: new section, revised version of City Code
Sections 23-1 through 23-8 .
20-35 - Parking Lots. .Valet Parking: renumbered & revised for
clarification.
20-36 - Pest Control: new section, revised version of City
Code Chapter 28A as per State statutes.
20-37 - Private Schools: new section, revised version of City
Code Chapter 30 .
20-38 - Recyclers. . Second Hand Dealers : new section, revised
version of City Code Chapter 35A.
20-39 - Residential Landlords: renumbered & clarified,
deleted portions preempted by State & County law.
20-40 - Florists & Cut Flower Stands: new section, revised
version of City Code Chapter 35.
20-41 - Travel & Tour Operators: new section, revised and
updated version of City Code Chapter 43 to match
state requirements.
20-42 - Temporary Permits: new section providing for
temporary permits.
20-43 - Suspension, Revocation & Denial : renumbered & format
change for clarification only.
20-44 - Standards & Rule-Making: renumbered.
20-45 - Notice of Violation, Emergency Action: renumbered.
20-46 - Failure to Comply with Notice: renumbered.
20-47 - Hearing Procedures: renumbered and provides time
limit and process for appeals.
CONCLUSION
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.
f I
h R,S
•v
UJ
ri
U]
M�y�
01 •
CV
N }a• -
GY -
N
4.4 -
dl Qy -
U
m .N
Z 1x: •v a
ra v o
ora ai ev
--a
o4-1
-H
as
X �
an U)
Cl.)
-r4 Cl)
b V
a)
a
ri
•