Ordinance 98-3148 ORDINANCE NO. 98-3148
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA,AMENDING CHAPTER 102
OF THE MIAMI BEACH CITY CODE,
ENTITLED "TAXATION" ARTICLE V
OCCUPATIONAL LICENSE TAX OF THE
MIAMI BEACH CITY CODE, AMENDING BY
ELIMINATING SUBSECTION 102-362(2),
AMENDING 102-371(G) BY ELIMINATING
REQUIREMENT OF ANNUAL RENEWAL, AND
AMENDING 102-371(H) BY REQUIRING
ANNUAL SUBMISSION WITH RENEWAL IN
THE CASE OF SELLERS OF TRAVEL ONLY;
AND AMENDING 102-372 TO AS A GROUND
FOR DENIAL OR RENEWAL IF THE
APPLICANT IS DELINQUENT IN PAYMENT
OF ANY LICENSE FEE; CODE
ENFORCEMENT LIEN; SPECIAL
ASSESSMENT LIEN AND OR ANY OTHER
DEBT OR OBLIGATION DUE THE CITY
UNDER STATE OR LOCAL LAW; PROVIDING
FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 102-362 (2) of Miami Beach City Code Chapter 102, entitled
"Transfer of license after relocation" is hereby amended as follows:
SECTION 2. That Subsection 102-371(g), (h) of Miami Beach City Code Chapter 102, entitled
"Application procedures; grounds for denial." is hereby amended as follows:
(g) Smoke detector form. All apartment houses, hotels, roominghouses, boardinghouses,
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 atf
- -- - - - - - .--- : - -- •: . 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 article.
(h) State license. All businesses and professions regulated by the state must submit a copy
of their current state license prior to the issuance of their original city licenses and thereafter
each year at time of renewal in the case of sellers of travel only. 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.
SECTION 3. That Subsection 102-372 of Miami Beach City Code Chapter 102, entitled
"Grounds for denial" be amended to include section (15) as follows:
(15) The applicant is delinquent in the payment of any License Fee imposed under this Article:
Code Enforcement Lien: Special Assessment Lien and/or any other debt or obligation due to the
City under State or Local Law.
SECTION 4. That Subsection 102-374 of Miami Beach City Code Chapter 102, entitled
"Penalty for late payment" be amended to include section (c) as follows:
(c) Renewed licenses will not be issued until all delinquent payments for any License Fee
imposed under this Article: Code Enforcement Lien: Special Assessment Lien and/or any other
debt or obligation due to the City under State or Local Law has been paid in full. Any debt or
obligation shall not be deemed due if any appeal has been timely filed and has not been
disposed of.
SECTION 5. REPEALER
All ordinance or parts of ordinance in conflict herewith be and the same are hereby
repealed.
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.
SECTION 7. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained 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 intentions, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 8. EFFECTIVE DATE
This Ordinance shall take effect on thel4th day of Nov. , 1998.
PASSED AND ADOPTED this 4th day of November , 1998.
VYR
MAYOR
ATTEST:
rgamt- PAPPROVED AS TO
i C� FORM & LANGUAGE
& FOR EXECUTION
CITY CLERK
1st reading 10/7/98 �/I /I/ i ., %�!
+
Y ?
2nd reading 11/4/98 tY •tt:me e
Y
•
; ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
:tp:\\ci.m iami-beach.fl.us
COMMISSION MEMORANDUM NO. —7 31 -9g
TO: Mayor Nelsen O. Kasdin and DATE: November 4, 1998
Members of the City Co mission
FROM: Sergio Rodriguez ,/
City Manager /
SUBJECT: AN ORDIN• ' E OF THE MAYOR AND CITY COMMISSION OF THE
CITY OFjMIAMI BEACH,FLORIDA,AMENDING CHAPTER 102 OF THE
MIAMI BEACH CITY CODE, ENTITLED "TAXATION" ARTICLE V
OCCUPATIONAL LICENSE TAX OF THE MIAMI BEACH CITY CODE,
AMENDING BY ELIMINATING SUBSECTION 102-362(2), AMENDING
102-371(G) BY ELIMINATING REQUIREMENT OF ANNUAL RENEWAL,
AND AMENDING 102-371(H) BY REQUIRING ANNUAL SUBMISSION
WITH RENEWAL IN THE CASE OF SELLERS OF TRAVEL ONLY; AND
AMENDING 102-372 TO AS A GROUND FOR DENIAL OR RENEWAL IF
THE APPLICANT IS DELINQUENT IN PAYMENT OF ANY LICENSE FEE;
CODE ENFORCEMENT LIEN; SPECIAL ASSESSMENT LIEN AND OR
ANY OTHER DEBT OR OBLIGATION DUE THE CITY UNDER STATE OR
LOCAL LAW; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATIVE RECOMMENDATION:
Adopt the the Ordinance.
BACKGROUND:
At its July 28, 1998 meeting, the Budget Advisory Committee recommended that the licensing
ordinance be amended to include a section that strengthens the City's ability to collect debts owed
to it. Pursuant to their recommendation, amendments to the City Code Section 102-372 for new
occupational licenses and to the City Code Section 102-374 for renewals of occupational license will
strengthen collection procedures by withholding occupational licenses until any outstanding Code
Enforcement Lien; Special Assessment Lien and/or any other debt or obligation due to the City
under State of Local Law has been satisfied.
Additionally, we are amending two additional Sections of the City Code to conform to procedures
currently in effect. This will also expedite the renewal process for the issuance of occupational
licenses. The proposed change to the City Code Section 102-362(2) eliminates a requirement which
was made obsolete when the Finance Department was made the administering department for
occupational licenses. The proposed change to City Code Section 102-371(g),(h) eliminates
AGENDA ITEM l 5R
R
DATE 1 1-4,1-9g
•
additional forms which duplicate the Fire Department's Annual Fire Inspection Report. State license
requirements are to be in conformance with Florida Statute 205.194 and 205.1971.
The Ordinance was approved on first reading by the City Commission on October 7, 1998.
ANALYSIS:
Miami Beach City Code Chapter 102 authorizes the City to collect fees for various types of
occupational licenses. The proposed amendments will both streamline and strengthen collection
procedures for debts or obligations due to the City.
CONCLUSION
City Commission should adopt the ordinance in order to strengthen collection efforts.
SR•4' W:GE:jlm
A.\LIC+I N2 WPD
s
C •
a, •
PC1 •
•r1 •
CO 0 .
•
-r1 .
M
1 �
CO 0
rn C •r-I
11
Cd
O Lk 5C
a-4 0 cd
W N
1-I V O
1-1-1 r-1
'
O H N •r1
Q -1J 1.1
O sd a)
C-) •'
G)
bA b
✓ O
-ri
V• +J
•r1