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Ordinance 99-3173 ORDINANCE NO. 99-3173 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102, ENTITLED"TAXATION";BY AMENDING SECTION 102-356,ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS" BY CREATING THE DEFINITION OF "PROMOTER"; BY AMENDING SECTION 102-360 • ENTITLED "LICENSE DURATION AND EXPIRATION DATE" BY PROVIDING THAT LICENSES MAY BE ISSUED TO A PROMOTER ON A SINGLE DANCE OR ENTERTAINMENT EVENT BASIS; BY AMENDING SECTION 102-371,ENTITLED"APPLICATION PROCEDURES; GROUNDS FOR DENIAL," BY AMENDING APPLICATION REQUIREMENTS FOR ESTABLISHMENTS WHICH SERVE ALCOHOLIC BEVERAGES TO INCLUDE REQUIREMENTS FOR PROMOTERS; BY AMENDING SECTION 102-372 ENTITLED"GROUNDS FOR DENIAL"BY AMENDING THE GROUNDS FOR DENIAL OF A LICENSE TO INCLUDE: THE PERMITTING OF AN UNLICENSED PROMOTER TO HOLD A DANCE OR ENTERTAINMENT EVENT ON THE PREMISES OF A BUSINESS, THE HOLDING OF A DANCE OR ENTERTAINMENT EVENT ON THE PREMISES OF AN UNLICENSED BUSINESS ON MORE THAN ONE OCCASION, AND HABITUAL CONDUCT OCCURRING AT OR IN CONNECTION WITH A PROMOTED DANCE OR ENTERTAINMENT EVENT; BY AMENDING SECTION 102-376, ENTITLED "PROPERTY OWNER'S RESPONSIBILITY" BY IMPOSING JOINT RESPONSIBILITY ON BUSINESS OWNERS AND PROMOTERS FOR CODE VIOLATIONS INCURRED AS A RESULT OF A PROMOTED DANCE OR ENTERTAINMENT EVENT; BY AMENDING SECTION 102-377, ENTITLED "PENALTIES, ENFORCEMENT; COLLECTION OF DELINQUENT FEES AND TAXES/AND CRIMINAL PENALTIES" BY PROVIDING THAT THE CITY MAY PREVENT ANS UNLICENSED BUSINESS FROM OPERATING AS AN ADDITIONAL MEANS OF ENFORCEMENT;BY AMENDING SECTION 102-378,ENTITLED "LAPSE OF INSURANCE, BOND" BY PROVIDING REQUIREMENTS AND PROCEDURES FOR PROMOTER BONDS; BY AMENDING SECTION 102- 379, ENTITLED "SCHEDULE OF TAXES" TO PROVIDE A TAX FOR PROMOTERS; BY AMENDING SECTION 102-381,ENTITLED "GROUNDS FOR SUSPENSION,REVOCATION AND DENIAL" BY AMENDING THE GROUNDS FOR SUSPENSION, REVOCATION, AND DENIAL OF A LICENSE TO INCLUDE: THE PERMITTING OF AN UNLICENSED PROMOTER TO HOLD A DANCE OR ENTERTAINMENT EVENT ON THE PREMISES OF A BUSINESS, THE HOLDING OF A DANCE OR ENTERTAINMENT EVENT ON THE PREMISES OF AN UNLICENSED BUSINESS ON MORE THAN ONE OCCASION, AND HABITUAL CONDUCT OCCURRING AT OR IN CONNECTION WITH A PROMOTED DANCE OR ENTERTAINMENT EVENT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. WHEREAS, certain promoters of dance and entertainment events attract underage drinkers; and WHEREAS, certain promoters of dance and entertainment events cause the streets in the City of Miami Beach ("City") to be littered with flyers, handbills, and other debris; and WHEREAS, dance and entertainment events can be excessively noisy, thereby disturbing neighborhoods; and WHEREAS,certain promoters of dance and entertainment events attract patrons who engage in disorderly conduct; and WHEREAS,the above problems and concerns require licensing the promoters of dance and entertainment events to make them accountable for their events and the associated disruptions of City life. • NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF SECTION 102-356 OF CITY CODE CHAPTER 102 That Section 102-356 of City Code Chapter 102 is hereby amended as follows: Section 102-356. Construction of Article; definitions. All of the provisions of this Chaptcr article shall be construed liberally on behalf of the City. Words and terms not defined in this section shall be interpreted in accordance with their normal dictionary meaning and customary usage. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Promoter means any Person that promotes, plans, produces and/or sponsors a dance or entertainment event on the premises of a Business that is licensed to serve alcoholic beverages. A Promoter does not include a) a Business, or any full-time employee of the Business, that promotes 2 a dance or entertainment event on premises for which the business holds a valid City occupational license; b) a 501(c) corporation,unless it is permitting the use of its temporary alcoholic beverage license by another Business on the premises of such other Business or c) a Person who holds or promotes a private reception not open to the general public. SECTION 2. AMENDMENT OF SECTION 102-360 OF CITY CODE CHAPTER 102 That Section 102-360 of City Code Chapter 102 is hereby amended as follows: Sec. 102-360. License duration and expiration date. Each license shall be valid for one year. Licenses shall be issued beginning August October 1 of each year and shall expire on September 30 of the following year. Notwithstanding the foregoing, or any other Section in Chapter 102 to the contrary, licenses for Promoters may be issued for a single dance or entertainment event. SECTION 3. AMENDMENT OF SECTION 102-371 OF CITY CODE CHAPTER 102 That Section 102-371 of City Code Chapter 102 is hereby amended as follows: Section 102-371. Application procedures; grounds for denial. * * * (i) Alcoholic beverage establishments. All establishments that serve alcoholic beverages and all Promoters shall submit a completed form supplied by the City acknowledging that compliance with the following laws and requirements is an express condition of holding the City license applied for: F. S. § Section 562.11, Florida Statutes entitled "Selling, giving, or serving alcoholic beverages to person under age 21; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties"; Section 562.14, Florida Statutes entitled "Regulating the time for sale of alcoholic and intoxicating beverages; prohibiting use of licensed premises"; and Section 562.48, Florida Statutes entitled "Minors patronizing,visiting, or loitering in a dance hall"; 3 (b) During the hours when alcoholic beverages are served by any Business, a nontransferable identification bracelet must be placed on the right wrist of all persons entering the premises of the Business who are under 21 years of age. (c) Promoters shall post a copy of their license in a conspicuous place at or near the entrance of any dance or entertainment event they promote, where it may be easily read. liccnsc applicd for: SECTION 4. AMENDMENT OF SECTION 102-372 OF CITY CODE CHAPTER 102 That Section 102-372 of City Code Chapter 102 is hereby amended as follows: Sec. 102-372. Grounds for denial. (a) Any pPerson whose application for a license has been denied may seek a hearing under Section 102-385. An application for a business license under this article may be denied on the following grounds: * * * (15) A Business has permitted an unlicensed Promoter to hold a dance or entertainment event on the premises of the Business on more than one occasion within a 12 month period. (b) In addition to the grounds set forth in Section 102-372(a), an application for a Promoter license under this article may be denied on the following grounds: (16)(1) A Promoter has held a dance or entertainment event on the premises of an unlicensed Business on more than one occasion within a 12 month period. 4 (17)(2) Habitual conduct has occurred at, or in connection with, a Promoter's dance or entertainment event that violates city, county, or state laws in Florida(or violates the laws of any other state or local government) including, but not limited to, laws prohibiting a) the serving of alcoholic beverages to minors,b)littering; c) excessive noise; and d) disorderly conduct. SECTION 5. AMENDMENT OF SECTION 102-376 OF CITY CODE CHAPTER 102 That Section 102-376 of City Code Chapter 102 is hereby amended as follows: Sec. 102-376. Business Property owner's responsibility/Joint responsibility for violations It shall be unlawful and a violation of this article for any pPerson to operate or permit to operate upon his/her/its property premises a bBusiness not currently licensed as required by this article. Further, if a Business rents, leases, contracts, assigns, or otherwise permits the use of its premises, or any portion thereof, by a Promoter, then such Business will be jointly responsible for all City Code violation fines incurred by the Promoter;provided,however, that if the Promoter has a valid Promoter license and a bond, if any. has been posted by the Promoter pursuant to Section 102-378, such bond shall first be used to pay any City Code violation fines incurred as a result of the promoted dance or entertainment event. SECTION 6. AMENDMENT OF SECTION 102-377 OF CITY CODE CHAPTER 102 That Section 102-377 of City Code Chapter 102 is hereby amended as follows: Sec. 102-377. Penalties, enforcement; collection of delinquent fees and taxes, and criminal penalties. * As an additional means of enforcement and supplemental to the above, if any Person carries on or conducts any Business for which a license is required by this article without first 5 obtaining such license, then the City may prevent the Business from operating until the required license is obtained. SECTION 7. AMENDMENT OF SECTION 102-378 OF CITY CODE CHAPTER 102 That Section 102-378 of City Code Chapter 102 is hereby amended as follows: Sec. 102-378. Lapse of insurance, bonds. 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 ensure 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 article for the licensed business, the license issued to such business shall become null and void. Such businesses that continue operating without a valid license shall be subject to enforcement procedures as set forth in section 102-377, including license revocation. 12) (1) Promoters shall be required to post a bond or cash ("Promoter Bond") in the amount set forth below prior to the issuance or renewal of a license. If, at any time, the Promoter fails to keep the bond in effect,the license issued to such Promoter shall become null and void. No license shall be issued to a Promoter if there are outstanding City fines assessed against such Promoter, or outstanding City fines relating to Promoters, assessed against the Business at whose premises the Promoter is seeking a Premises Specific license. (2)The Promoter Bond may be drawn upon to pay any City fines imposed upon either the Promoter or upon the Business which permitted the Promoter to use its premises at the time the fine was incurred. (3) The amount of the Promoter Bond shall in no way be deemed to limit the liability of the Promoter or Business to less than the amount of any City fines which might be imposed. If the Promoter Bond is drawn down upon to pay a City fine,the Promoter shall be obligated to replenish the Promoter Bond to its original amount within ten(10)business days after written notice from the City. If the Promoter fails to do so. the license issued to such Promoter shall become null and void. 6 (4) The Promoter Bond will be returned to the Promoter within thirty (30) days after the Promoter license expires, less any deductions for City fines as provided herein;however, if there is an open violation without a fine amount, the Promoter Bond shall not be returned until the violation is closed or until there is a final adjudication by the City's Special Master and all fines have been paid. If the Promoter license is renewed, the Promoter Bond posted with the City may be carried over to the renewed license. (5) The amount of the Promoter Bond shall be determined as follows: License Type Bond Amount Single Event - Premises Specific License - Premises with total permitted occupancy under 150 . . $0 - Premises with total permitted occupancy of 150 or more Base amount of $2,500 plus $50.00 multiplied by the amount, if any, by which the total permitted occupancy load of the specific premises at which the dance or entertainment event will be held exceeds 150 Multiple Event- Premises Specific License - Premises with total permitted occupancy under 150 . . $0 - Premises with total permitted occupancy of 150 or more Base amount of $2,500 plus $50.00 multiplied by the amount, if any, by which the total permitted occupancy load of the specific premises at which the dance or entertainment event will be held exceeds 150 Multiple Event-Premises General License - Premises with total permitted occupancy under 150 $0 - Premises with total permitted occupancy of 150 or more $10,000 7 (6) In no event shall the amount of the required Promoter Bond exceed Ten Thousand ($10,000) Dollars, except as provided in paragraph(8)below. (7) As used herein, total permitted occupancy shall include the total permitted occupancy load for the inside, outside,terrace, first floor, second floor, mezzanine, seating area,bar, and all other areas of the premises at which the dance and entertainment event could be held. (8) A Promoter holding simultaneous events on different premises shall be required to obtain a separate bond for each premises where such simultaneous dance or entertainment events are held. (9) All applications for Single Event-Premises Specific Licenses must be submitted at least ten(10) business days before the dance or entertainment event. SECTION 8. AMENDMENT OF SECTION 102-379 OF CITY CODE CHAPTER 102 That Section 102-379 of City Code Chapter 102 is hereby amended as follows: Section 102-379. Schedule of taxes. License taxes for the following businesses, occupations or professions are hereby levied and imposed as follows: License Type Promoter: Single Event- Premise Specific License - Premises with total permitted occupancy under 150 $ 65 - Premises with total permitted occupancy of 150 or more $130 . Multiple Event- Premises Specific License - Premises with total permitted occupancy under 150 $ 65 - Premises with total permitted occupancy of 150 or more $130 8 Multiple Event License - Premises General License - Premises with total permitted occupancy under 150 $165 - Premises with total permitted occupancy of 150 or more $330 SECTION 9. Amendment of Section 102-381 of City Code Chapter 102 That Section 102-381 of City Code Chapter 102 is hereby amended as follows: Section 102-381. Grounds for Suspension, Revocation and Denial a) The City Manager or his or her designee shall either revoke or temporarily suspend the license of any pPerson where it is determined by the City manager or his or her designee that: * * * (11) A Business has permitted an unlicensed Promoter to hold a dance or entertainment event on the premises of the Business on more than one occasion within a 12 month period. In addition to the grounds set forth in Section 102-381(a), the City Manager or his or her designee shall either revoke or temporarily suspend the license of any Promoter where it is determined by the City Manager or his or her designee that: (12)(1) A Promoter has held a dance or entertainment event on the premises of an unlicensed Business on more than one occasion within a 12 month period. (13)(2) Habitual conduct has occurred at, or in connection with, a Promoter's dance or entertainment event that violates City, County, or State laws including, but not limited to, laws prohibiting a) the serving of alcoholic beverages to minors,b) littering: c) excessive noise: and d) disorderly conduct. 9 SECTION 10. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 11. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 12. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach,and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention,and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 13. EFFECTIVE DATE. This Ordinance shall take effect on the 1st day of May, 1999. PASSED and ADOPTED this 3rd day of March , 1999. MAYOR ATTEST: dak APPROVED AS TO CITY CLERK FORM& LANGUAGE F:ATTO\TURN\ORDINANC\PROMORD4.REV & FOR EXECUTION 1/1/9 1st reading 2/17/99 �j 2nd reading 3/3/99 '��/fj ,/� 3 21 C�t //temay 10 3ITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 ttp:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. I 1 cO—99 TO: Mayor Neisen O. Kasdin and DATE: March 3, 1999 Members of the City Co , l'ssion FROM: Sergio Rodriguez City Manager id SUBJECT: AN ORDI NCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102, ENTITLED "TAXATION"; BY AMENDING SECTION 102-356,ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS" BY CREATING THE DEFINITION OF "PROMOTER"; BY AMENDING SECTION 102-360 ENTITLED "LICENSE DURATION AND EXPIRATION DATE" BY PROVIDING THAT LICENSES MAY BE ISSUED TO A PROMOTER ON A SINGLE DANCE OR ENTERTAINMENT EVENT BASIS; BY AMENDING SECTION 102-371, ENTITLED "APPLICATION PROCEDURES; GROUNDS FOR DENIAL," BY AMENDING APPLICATION REQUIREMENTS FOR ESTABLISHMENTS WHICH SERVE ALCOHOLIC BEVERAGES TO INCLUDE REQUIREMENTS FOR PROMOTERS;BY AMENDING SECTION 102-372 ENTITLED "GROUNDS FOR DENIAL" BY AMENDING THE GROUNDS FOR DENIAL OF A LICENSE TO INCLUDE: THE PERMITTING OF AN UNLICENSED PROMOTER TO HOLD A DANCE OR ENTERTAINMENT EVENT ON THE PREMISES OF A BUSINESS, THE HOLDING OF A DANCE OR ENTERTAINMENT EVENT ON THE PREMISES OF AN UNLICENSED BUSINESS ON MORE THAN ONE OCCASION, AND HABITUAL CONDUCT OCCURRING AT OR IN CONNECTION WITH A PROMOTED DANCE OR ENTERTAINMENT EVENT; BY AMENDING SECTION 102- 376, ENTITLED "PROPERTY OWNER'S RESPONSIBILITY" BY IMPOSING JOINT RESPONSIBILITY ON BUSINESS OWNERS AND PROMOTERS FOR CODE VIOLATIONS INCURRED AS A RESULT OF A PROMOTED DANCE OR ENTERTAINMENT EVENT; BY AMENDING SECTION 102-377, ENTITLED "PENALTIES, ENFORCEMENT; COLLECTION OF DELINQUENT FEES AND TAXES, AND CRIMINAL PENALTIES" BY PROVIDING THAT THE CITY MAY PREVENT ANY UNLICENSED BUSINESS FROM OPERATING AS AN ADDITIONAL MEANS OF ENFORCEMENT; BY AMENDING SECTION 102-378, ENTITLED "LAPSE OF INSURANCE, BOND" BY PROVIDING REQUIREMENTS AND PROCEDURES FOR PROMOTER BONDS; BY AMENDING SECTION 102-379, ENTITLED "SCHEDULE OF TAXES" TO PROVIDE A TAX FOR PROMOTERS; BY AMENDING SECTION 102-381, AGENDA ITEM 5 DATE 3-- -9(31 ENTITLED "GROUNDS FOR SUSPENSION, REVOCATION AND DENIAL" BY AMENDING THE GROUNDS FOR SUSPENSION,REVOCATION,AND DENIAL OF A LICENSE TO INCLUDE: THE PERMITTING OF AN UNLICENSED PROMOTER TO HOLD A DANCE OR ENTERTAINMENT EVENT ON THE PREMISES OF A BUSINESS, THE HOLDING OF A DANCE OR ENTERTAINMENT EVENT ON THE PREMISES OF AN UNLICENSED BUSINESS ON MORE THAN ONE OCCASION, AND HABITUAL CONDUCT OCCURRING AT OR IN CONNECTION WITH A PROMOTED DANCE OR ENTERTAINMENT EVENT; PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND With the assistance and input of the Washington Avenue Task Force, the Legal Department has prepared an ordinance that recognizes and regulates dance and entertainment promoters who utilize bars and clubs as their performance venues. The Task Force has worked closely with the Legal Department to prepare an ordinance which will recognize good promotion that enhances the City's image of vibrant nightlife, while discouraging events that have a negative impact on our City. The proposed ordinance will make all promoters that use bars and clubs with a capacity of 150 or more accountable for their actions by requiring that a bond be posted; annual licenses will be required from all promoters. A promoter will be required to post a bond of$10,000 when he/she utilizes the premises of a bar or club with an occupancy level of 150 people or more. As proposed, the bond will exempt smaller bars and clubs which, historically, have not created any problems. Instead, the larger clubs who are more apt to allow a promoter, will be required to have the higher bond amounts. (This premise is consistent with die zoning code which requires bars and clubs with higher occupancy levels to obtain Planning Board approval with regard to "Neighborhood Impact".) The Ordinance provides for a definition and new license category for dance and/or entertainment promoters. To further limit the applicability of this ordinance, a list of businesses to which it would not apply has been made part of the Ordinance(Section 102-356). Rules for denial of a permit have been strengthened and the responsibility of property and business owners who allow promoters to use their premises has been further clarified. A ten(10) day waiting period for approval of a single event license has been added to the Ordinance. Once approved, this ordinance should reduce many of the negative impacts associated with clubs and bars that do not properly control the use of their premises by unlicensed and often unscrupulous promoters. When these club and bar owners "sublet" their facilities, it has often resulted in underage clients in clubs, unruly conduct resulting in additional police requirements, severe sanitation impacts from fliers and stickers,and defacement of public property. The financial costs to the City have been considerable, and the City's image has suffered as a result of these irresponsible acts. Concomitant with this, well-run bars and clubs have suffered as their clientele choose to go elsewhere. • ANALYSIS Recognizing the criticism and negative community sentiment generated by an earlier attempt to regulate this industry,the Task Force has labored for months to prepare an ordinance that is narrow and specific in its scope. The Ordinance has been drafted with assistance of those who are closest to the Entertainment Industry and wish to encourage the establishment of reasonable regulations by which to govern behavior within the City's bars and clubs. The ordinance seeks to recognize the importance of this industry to the City's resurgence as a vibrant community, while tempering this with fair regulations to ensure citywide compliance. This Ordinance was unanimously supported on first reading February 17. 1999. The inclusion of the suggested ten(10) day waiting period has been added. (The City Commission recommended a seven(7)day wait for a promoter event license; however, Legal Department has suggested that ten (10) working days is more appropriate.) CONCLUSION Adopting the Ordinance on second reading will provide the City with the ability to regulate the way bars and clubs allow their premises to be used. The Ordinance creates a definition of a promoter, a means of licensing and a bonding procedure which increases with the size of the establishment. In addition, language for denial of a license is provided. The Ordinance recognizes the importance of the bar and club industry to the community at large, and seeks to protect the City from those promoters whose business practices are detrimental. The Commission should adopt the Ordinance. SR:RS pw U f:/cmgr/$all/commemo.99/promote.com • • • q .\ ° C § � 0 / § • k .° c C ° el S � `� q / � � q — g c A q L C_) R2 ® — m © • C ° c•..) • `G k \ ?• - � '/ - d VU � c = 2 J cm $ \ / 2 W / / ® � § /D qko3 W'tE1' • WW D'j o ° 7 / U§ _ A § N / ,6 2 \ oVO ' = 2 7 / ) / •cn .qq /