2017-4154 OrdinanceAmending Appendix A - Fee Schedule
ORDINANCE NO.
2017 -4154
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102,
"TAXATION," ARTICLE V, "LOCAL BUSINESS TAX" AT SECTION 102-
379, "SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO
PROVIDE NEW BUSINESS TAX RECEIPT FOR SAID USES;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, on September 25, 2017, the Mayor and City Commission adopted a
comprehensive ordinance regulating both Pharmacies and Medical Marijuana Treatment
Centers; and
WHEREAS, as part of that process, the City required background checks of
employees of the pharmacy or medical marijuana treatment centers; and
WHEREAS, when drafted, Appendix A, the City's Fee Schedule did not specify a
fee, per employee, including the cost of background checks as required under the City
Code; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 102, "Taxation," Article V, "Local Business Tax" at Section 102 -379
"Schedule of taxes, effective October 1, 2016," is hereby amended as to a certain business tax
receipt, as follows:
CHAPTER 102
TAXATION
ARTICLE V -
LOCAL BUSINESS TAX
Sec. 102 -379. - Schedule of taxes, effective October 1, 2016.
(a) Business taxes for the following businesses, occupations or professions are hereby
levied and imposed as follows:
Page 1 of 5
(b) Effective on October 1, 2005 (fiscal year 2005- 2006), the following business taxes will
be increased by five percent rounded to the nearest dollar, and further increased by five
percent every other year on October 1, until such taxes /fees have caught up with the
cumulative percentage change in the Consumer Price Index (CPI) measure between June
1994 through March 2003, which is 24.5 percent; further providing for another change equal
to the cumulative percentage change in the CPI from March 2003 to September 2011.
(c) As provided in Resolution No. 2003- 25299, a review of the annual permit fee /business
tax will be required whenever the change in the Consumer Price Index (CPI), between the
latest CPI and the date of the CPI used for the last tax /fee adjustment, is five percent or
greater.
(d) Effective on October 1, 2009 (fiscal year 2009 - 2010), business tax receipt applications
shall be charged a $45.00 fee for the processing of new applications.
Occupation
Code
Business Tax Category
Amount
M
Machine and games, mechanical photographs, consoles,
jukeboxes, picture- taking, record- making, or other similar
machines:
95011800
Distributors
845.00
95011802
Each machine
106.00
95004705
Mail order business; bond required
233.00
95011600
Manufacturers, all products; to include any assembling or310.00
processing operations otherwise mentioned in this section
95011700
Manufacturer representative
233.00
95240008
Marine appraiser, surveyor, testing
233.00
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95011999
Massage clinic; state license required
233.00
95012000
Massage therapist; state license required
49.00
Medical Cannabis /Marijuana
*
Merchants, all persons engaged in the business of selling*
medical cannabis, as defined in Chapter 6, Article III, or
Chapter 142, Division 10, of any kind, sort or description,
except as otherwise specifically provided by this section, shall
be required to pay a merchant's business tax, determined as
follows; based on cost of inventory:
95012100
1. First $1,000.00 of value or less
274.00
95012100
2. Each additional $1,000.00— $99,999.00
27.00
95012100
3. From $100,000.00 — $199,000.00
2,815.00
95012100
4. From $200,000.00--$499,000.00
4,221.00
95012100
5. From $500,000.00 and over
5,629.00
95012100
6. Cost Per employee for medical marijuana treatment$45.00,
plus
recovery for law
center; and reimbursement for law enforcement and /or
enforcement or
consultant review, as agents of planning department
consultant review.
Each employee must obtain a business tax receipt pursuant
to 142 -1503 (q)
05012200
Messenger service (exclusive of telegrams)
128.00
95000625
Model, talent agency; state license required
233.00
95012400
Money broker
233.00
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SECTION 4. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 5. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 6. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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* *
95004850
Pharmacy store; state license required.
353.00
95004850
1. First $1,000 or value or less
274.00
95004850
2. Each additional $1,000- $99,999.00
27.00
95004850
3. From $100,00.00 - $199,000.00
2,815.00'
95004850
4. From $200,000.00 - $499,000.00
4,221.00
95004850
5. From $500,000 and over
5,629.00
95004850
6. Cost Per employee for medical marijuana treatment$ecooery
45.0 lus
for paw
center; and reimbursement for law enforcement and/or
enforcement or
consultant review as agents of planning department
consultant review.
Each employee of the pharmacy must obtain a business tax
receipt pursuant to 142 -1503 (g)
95015000
Phlebotomist; state license required
269.00
SECTION 4. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 5. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 6. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this /3 day of Decembe r , 2018.
ATTEST:
z/ zs. °I
Rafael E. Granado, City Clerk
Underline denotes additions
Strikc through denotes deletions
Dan Gelber, Mayor
First Reading: October 18, 2017
Second Reading: December 13, 2018
Verified By:
homas R. Mo ey, AICP
Planning Director
(Sponsor Vice -Mayor John Elizabeth Aleman)
Page 5 of 5
APPROVED AS TO
FORM & LANGUAGE
& FOR EXEC ION
Date
MAM
BEACH
Ordinances - R5 D
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: December 13, 2017
10:15 a.m. Second Reading Public Hearing
SUBJECT: AMENDING APPENDIXA- FEE SCHEDULE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102, "TAXATION," ARTICLE V,
"LOCAL BUSINESS TAX" AT SECTION 102 -379, "SCHEDULE OF TAXES,
EFFECTIVE OCTOBER 1, 2016" TO PROVIDE NEW BUSINESS TAX RECEIPT
FOR SAID USES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;
AND AN EFFECTIVE DATE.
RECOMMENDATION
Please see memo attached.
Legislative Tracking
Office of the City Attorney
Sponsor
Vice -Mayor John Elizabeth Aleman
ATTACHMENTS:
Description
D Memo
D Ordinance
Page 664 of 1320
AA 1 A
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
TO:
COMMISSION MEMORANDUM
Mayor Philip Levine and
Members of the City Commission
Jimmy L. Morales, City Manager
FROM: John Elizabeth Aleman, Commissioner
DATE: October 18, 2017 First Reading
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
102, "TAXATION," ARTICLE V, "LOCAL BUSINESS TAX" AT
02 -379, "SCHEDULE OF TAXES, EFFECTIVE
OCTOBER 1, 2016" TO PROVIDE NEW BUSINESS TAX
RECEIPT FOR SAID USES; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ANALYSIS
The attached Ordinance, sponsored by Commissioner John Aleman, is hereby
submitted for consideration by the City Commission.
On September 25, 2017, the Mayor and City Commission adopted a comprehensive
ordinance regulating both Pharmacies and Medical Marijuana Treatment Centers.
As part of that process, the City required background checks of employees of the
pharmacy or medical marijuana treatment centers. When drafted, Appendix A, the
City's Fee Schedule did not specify a fee, per employee, including the cost of
background checks as required under the City Code. The amendments set forth
below are necessary to accomplish the above objective, and ensures cost recovery of
the police department and staff in conducting background checks in compliance with
state law and the City's Code of Ordinances.
RECOMMENDATION
Approve at First Reading and schedule Second Reading, Public Hearing.
Page 665 of 1320