Ordinance 2000-3260 ORDINANCE NO. 2000-3260
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
AMENDING MIAMI BEACH CITY CODE CHAPTER 102,
ENTITLED "TAXATION," BY AMENDING ARTICLE V
ENTITLED "OCCUPATIONAL LICENSE TAX," BY
•
AMENDING SECTION 102-379 THEREOF, ENTITLED
"SCHEDULE OF TAXES," TO PROVIDE MODULAR
LICENSE FEES WITH REGARD TO ALCOHOLIC
BEVERAGE ESTABLISHMENTS AND DANCE
HALL/ENTERTAINMENT ESTABLISHMENTS;PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the definitions for alcoholic beverage and dance hall/entertainment
establishments have recently been amended to more accurately reflect their operational practices;
and
WHEREAS, the City Code contains regulations and license taxes which require further
amendment to fairly and accurately reflect new categories of licenses which have been created for
alcoholic beverage and dance hall establishments.
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 102-379 entitled " Schedule of Taxes" of Article V. Entitled
"Occupational License Tax" of Chapter 102 entitled"Taxation"of the Code of the
City of Miami Beach, Florida is hereby amended to read as follows:
CHAPTER 102. TAXATION.
* *
ARTICLE V. OCCUPATIONAL LICENSE TAX.
Sec. 102-379. Schedule of Taxes.
License taxes for the following businesses, occupations, or professions are hereby levied and
imposed as follows:
Alcoholic beverage vendor and bottle club establishments:
(1) Establishments selling beer, wine and/or liquor for
consumption on premises and closing no later than midnight. •
$0
(1)(2) Establishments selling beer, wine and/or liquor for
consumption on premises,open after midnight,and closing no
later than 2:00. $940.00
(2-)(3) Extra-hour establishments selling beer,wine and/or liquor for
consumption on premises, open after 2:00 a.m. and closing
no later than 5:00 a.m. . $3,125.00
(- 3(4) Bottle clubs $5,000.00
* *
D
Dance halls, pub $94A.08
(1) Dance halls which also have a valid alcoholic beverage
license and closing no later than 12:00 midnight. . . . $165.00
Dance halls which also have a valid alcoholic beverage
license and closing no later than 2:00 a.m . $165.00
(3) Dance halls which also have a valid alcoholic beverage
license and closing no later than 5:00 a.m $165.00
(4) Dance halls which do not have a valid alcoholic beverage
license (To be dctcrmincd) $940.00
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
2
SECTION 4. 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 part of the Code
of the City of Miami Beach, Florida. 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 5. EFFECTIVE DATE
This Ordinance shall take effect on the 5th day of August , 2000.
PASSED AND ADOPTED this 26th day of July 2000.
MAYOR
ATT ST:
1' A r.,
CITY CLERK
1st reading 7/12/00
2nd reading 7/26/00
F:ATTO\TURMORDINANC\ALCOHOLC.TAX
7/3/0
APPROVED AS TO
FORM& LANGUAGE
& FOR EXECUTION
„di �� p
ity ' •met?
3
Attachment "A"
ORDINANCE NO. 99-3222
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida
Amending the Code of the City of Miami Beach, Florida, Amending Chapter 6 Entitled
"Alcoholic Beverages",Section 6-3 Entitled "Hours of Sale"; Amending Chapter 114 Entitled
"General Provisions", Section 114-1 Entitled "Definitions" ;Amending Chapter 130 Entitled
"Off-street Parking", Section 130-32 Entitled "Off-street Parking Requirements for Parking
District No. 1" Amending Chapter 142 Entitled "Zoning Districts and Regulations", Section
142-693 Entitled "Permitted Uses" and Section 142-1302 Entitled "Permitted Main and
Accessory Uses"; by Amending Definitions and Operational Requirements Related to
Nightclubs, Supper Clubs, Dance Halls, Bars, Alcoholic Beverage Establishments and
Entertainment Establishments; Providing for Inclusion in the Code of the City of Miami
Beach, Florida; Repealer; Severability; and an Effective Date.
SECTION 2. That Section 114-1, entitled "Definitions" of Chapter 114, entitled "General
Provisions," of the Code of the City of Miami Beach,Florida is hereby amended to read as follows:
Sec. 114-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Dance hall means a commercial establishment where dancing by patrons is allowed, including,but
not limited to, restaurants, alcoholic beverage establishments and entertainment establishments.
Dance halls not also operating as alcoholic beverage establishments may not admit patrons under
the age of twenty-one (21), and may only operate between the hours of 4:00 a.m. and 9:00 a.m.
Saturdays, Sundays and national holidays. Dance halls not also operating as alcoholic beverage
establishments or restaurants with full kitchens and serving full meals shall require conditional use
approval, except that any establishment subject to this provision which legally exists as of the
adoption date of this ordinance (December 15, 1999) shall obtain conditional use approval by
December 15, 2001.
* * *
Entertainment establishment means a commercial establishment with any live or recorded,amplified
or non-amplified performance, (excepting television, radio and\or recorded background music,
played at a volume that does not interfere with normal conversation, and indoor movie theater
operations). Entertainment establishments may not operate between the hours between the hours of
5:00 a.m. and 10:00 a.m., except as provided for under Section 6-3(3)(b).
* * *
This Ordinance shall take effect on the 22nd day of December, 1999.
PASSED and ADOPTED this 15nd day of December, 1999
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. b(I —O
TO: Mayor Neisen O.Kasdin and DATE:July 26,2000
Members of the City Commission
FROM: Lawrence A.Levy ..ere1/46
City Manag Second Reading Public Hearing
SUBJECT: AN ORD NANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 102, ENTITLED "TAXATION," BY AMENDING
ARTICLE V ENTITLED "OCCUPATIONAL LICENSE TAX," BY •
AMENDING SECTION 102-379 THEREOF, ENTITLED "SCHEDULE OF
TAXES," TO PROVIDE MODULAR LICENSE FEES WITH REGARD TO
ALCOHOLIC BEVERAGE ESTABLISHMENTS AND DANCE
HALL/ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
• ADMINISTRATION RECOMMENDATION
Adopt the Ordinance upon second reading public hearing.
ANALYSIS
For the past several years, the City has been moving toward a layering of licenses to be required of
the bar and club industry known as"modular licenses". The separate license categories will enable
businesses to purchase the appropriate licenses, and allow the City to address issues specific to a
particular license if the need arises. These new licenses will more accurately depict the activities
that are occurring in these establishments. The implementation of modular licensing requires the
attachment of fees to the new business categories entitled "Dance Halls" and "Entertainment
Establishments". (See Attachment A; Ordinance 99-3222 -- Section 2, adopted 12/15/99) The
proposed fees have been discussed with the representatives of the Washington Avenue Task Force,
representatives of the Bar/Club Industry and members of the Legal and Planning Department.Annual
business fee renewal notices will be mailed shortly by the Occupational License Department. As
such, it is important that the City Commission review and approve the new fees which appear in the
City Code as part of the section entitled"Occupational License Tax" (Section 102-379).
A business that has a 5:00A.M. Alcoholic Beverage License currently pays the City$3,125 for that
license. (A 2:00A.M. Alcoholic Beverage License is $940 annually) The Administration is
AGENDA ITEM �L
DATE `1--2() °V
T:\AGENDA\2000VUL2600\REGULAR\DANCEORD.W PD
City Commission Meeting
July 26, 2000
Modular License Ordinance •
Page 2
proposing an additional license fee of $165` for a Dance Hall license and/or an Entertainment
Establishment license. A chart has been included for easy comparison. The fees for the business
owner who does not serve alcohol, but has a Dance Hall and/or Entertainment Establishment(i.e.
juice bars),were not determined at first reading,but should be established by the Commission prior
to adoption based upon the hours of operation set by the Commission for these establishments. The
Administration suggests that if the hours of operation are to remain as they are today (4 a.m. to 9
a.m., weekends only), then the fee should be set at $940. However, if the hours of operation are
extended significantly,then the fee should be the same as the total fee for dance halls with alcoholic
beverage licenses, or $3125. This would be to address the impact on City services of these
establishments, which are essentially equal to the alcoholic beverage establishments.
The Administration recommends that these new license fees for"Dance Halls"and"Entertainment
Establishments"be reasonable and not unduly burden businesses that have multiple licenses. A fee
of$165 is a charge currently in use for a broad spectrum of businesses. The proposed fee structure
seeks to balance the costs to those that hold alcoholic beverage licenses, and those that do not sell
alcohol, but operate a Dance Hall and/or Entertainment Establishment.
PROPOSED MODULAR LICENSE FEES
Alcoholic Beverage License Dance Hall/Entertainment Total
12:00 AM $ 0 $ 165 $ 165
2:00 AM $ 940 $ 165 $ 1,105
5:00 AM $3,125 $ 165 $ 3,290
Without Alcoholic Beverage License to be determined -
The Finance and Citywide Projects Committee discussed and approved the proposed fees for Dance
Halls and/or Entertainment Establishments with alcoholic beverage licenses at its July 6, 2000
meeting. The City Commission approved the ordinance on first reading on July 12, 2000. The
Administration recommends that the ordinance be adopted upon second reading public hearing,
including an appropriate fee for dance halls without alcoholic beverage licenses.
*The fee of$165 is an amount that is typical of that charged for a variety of City licenses. Examples
of this fee include varied businesses such as: a manicurist with five chairs, a real estate office, a
health club, a beeper business, etc.
LAL:QS:�` ��'`RAkl r
T:\AGENDA\2000\J 2000 VUL2600\REGULAR\DANCEORD.WPD
O C) ^
'4
c�"C3 0 Cr) k
•
S," S" _V ONct
MU E a '�
0
o U �, 0
•
z 0 v
W v bA o
u
9Ih
a 0 W
W a� 0
d � QEC,rSE�