Ordinance 2019-4268 ORDINANCE NO. 2019-4268
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE
OF THE CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY AMENDING
ARTICLE V, ENTITLED "LOCAL BUSINESS TAX," BY AMENDING
SECTION 102-356 THEREOF, ENTITLED "CONSTRUCTION OF ARTICLE;
DEFINITIONS," TO AMEND THE DEFINITION OF "PROMOTER";
AMENDING SECTION 102-360 THEREOF, ENTITLED "BUSINESS TAX
RECEIPT DURATION AND EXPIRATION DATE," TO ESTABLISH A
PROHIBITION ON THE ISSUANCE OF BUSINESS TAX RECEIPTS TO
PROMOTERS DURING HIGH IMPACT PERIODS, AND FURTHER
ESTABLISHING THE SUSPENSION, DURING HIGH IMPACT PERIODS, OF
THOSE ANNUAL BUSINESS TAX RECEIPTS ISSUED TO PROMOTERS;
AMENDING SECTION 102-377 THEREOF, ENTITLED "PENALTIES,
ENFORCEMENT; COLLECTION OF DELINQUENT FEES AND TAXES,
AND CRIMINAL PENALTIES," BY SETTING FORTH ADDITIONAL
PENALTIES FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT
HAVE A PROMOTED EVENT DURING A HIGH IMPACT PERIOD; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach is an internationally renowned tourist destination;
and
WHEREAS, due to its domestic and international popularity as a resort and entertainment
destination, many events, both authorized by City special event permits and otherwise, occur
within the City; and
WHEREAS, dance and other entertainment events that take place during "high impact
periods" (as such term is defined in Section 82-443 of the City Code), which periods may include,
but are not limited to, New Year's Eve, Super Bowl Weekend, Spring Break, Gay Pride, Memorial
Day Weekend, and Fourth of July, attract a tremendous number of visitors to the City; and
WHEREAS, prior to the commencement of these events occurring during high impact
periods, the City and the event programmers work together to validate the event, and to mitigate
potential issues such as traffic, crowd control, street closures, whether alcohol will be served, etc.,
through either the City's special events permitting process(i.e. New Year's Eve, Gay Pride, Fourth
of July) or, where City venues are being utilized, through a written agreement with the City (i.e.
Art Basel, Food and Wine Festival, Air and Sea Show); and
•
WHEREAS, there are, however, high impact periods (i.e. Winter Music Conference,
Memorial Day, Spring Break), not subject to the City's special events permitting process, or which
do not utilize a City venue (so there is no written agreement with the City); and
WHEREAS, high impact periods, such as Memorial Day and Spring Break, rely heavily
upon attracting numerous patrons to these events, which are promoted and organized by third-
party dance and entertainment promoter(s) at alcoholic beverage establishments; and
WHEREAS, a high concentration of these events occur in nightclubs, bars, and other
alcoholic beverage establishments located within the City's "entertainment district," which has
been traditionally identified as that area of Ocean Drive, from 5th to 16th Street, Collins Avenue,
from 5th to 16th Street, and Washington Avenue, from 5th to 16th Street; and
WHEREAS, this "entertainment district" represents an area of the City with a higher than
average, dense concentration of nightclubs, bars, and other alcoholic beverage establishments
within this limited area; and
WHEREAS, consequently, during some high impact periods such as Memorial Day and
Spring Break, these establishments attract large crowds to the area, challenging the public safety
and quality of life in the surrounding neighborhoods; placing an enormous strain upon the City's
resources; and causing numerous law enforcement issues and logistical challenges for the City;
and
WHEREAS, these dance and entertainment events take place throughout a multitude of
venues in the entertainment district every night during these high impact periods; and, again, the
majority are the direct result of promoted events that attract a large number of individuals; and
WHEREAS, the event promoter industry has been radically transformed over the last
decade through the utilization of the internet and other forms of social media, which enable event
promoters to reach masses of people and attract ever-larger crowds to these promoted events;
and
WHEREAS, these promoted dance and entertainment events are advertised and
marketed on social media to the "college age" and "twenty-something" demographic, but also
have the effect of also luring and enticing younger, underage patrons; and
WHEREAS, the allure of these promoted events may also result in facilitating and
encouraging illegal behavior such as underage drinking, engaging in disorderly conduct, violating
the occupancy limits of these alcoholic beverage establishments, and other conduct and
disturbances creating a danger to the health, safety, and welfare of the public; and
WHEREAS, these promoted dance and entertainment events cause excessive noise and
increased traffic(both vehicular and pedestrian congestion), thereby directly disturbing the quality
of life in the surrounding neighborhoods, and negatively impacting nearby businesses and
residents; and
WHEREAS, these events also result in excessive litter on City streets and surrounding
commercial and residential common areas, from flyers, handbills, liquor bottles and cans, empty
cups and straws, used drug paraphernalia, and other debris; and
WHEREAS, the associated overflowing of crowds upon the public streets and right of
ways disturbs the tranquility and order of the surrounding areas (i.e., both business and
residential); and
WHEREAS, the Mayor and City Commission desire to adopt the following amendments,
to directly address, and hopefully alleviate, those problems and issues that are caused, directly
and indirectly, by promoters of dance and entertainment events, within the entertainment district,
occurring during high impact periods.
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article V of Chapter 102 of the Code of the City Miami Beach, is hereby
amended to set forth the Definition of Promoter, as follows:
CHAPTER 102
TAXATION
ARTICLE V. LOCAL BUSINESS TAX
* * *
Sec. 102-356. Construction of article; definitions.
All of the provisions of this 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 who promotes a dance or entertainment event. en-the-which is to
occur or take place on the premises of a an alcoholic beverage establishment. business that is
_ - . - - __ _ •_ _- . - _ _ - . To promote a dance or entertainment event is to be
involved in one or more of the following activities: (a) hiring any of the persons staffing the event
(e.g., deejay, host, cashier, doorman, etc.); (b)hiring any of the persons to market and-or advertise
the event including,without limitation, disseminating information on the internet, social media, and
other forms of electronic communications, and/or distributing or mailing invitations,flyers, posters,
or other marketing materials in connection with such event; or (c) making the ultimate a decision
concerning the cost of entrance to the event-, or(d)other activities which evidence that the person
is directly or indirectly responsible for the organization of the dance or entertainment event. A
promoter does not include (a) a the promotion of a dance or entertainment event by an alcoholic
beverage establishment bucinca , or any full-time employee of the that establishment business,
- - - - - - - -- - -- - - - ---- - . -- to occur on its premises (i.e. self-promotion)
_ -- __ -- _ - - - •_ _' . e- •-- - "-'•e ; (b) a 501(c) not-for-profit corporation,
the extent that the not-for-profit personally plans, prepares, or executes an event on its own
behalf; on the premises of such other business; (c) a person who holds or promotes a private
reception not open to the general public; (d) a person who is hired by a Ppromoter to host, plan
vrrmarket a dance or entertainment event but exercises no other promoter related activities, as
set forth herein; or (e) a person who sponsors, or allows his/her name to be used in connection
with, a dance or entertainment event, provided such Person does not also Promote the event. but
exercises no other promoter related activities, as set forth herein. The term promoter shall not be
deemed to include the City of Miami Beach or any City-owned facility(including, without limitation,
3
the Miami Beach Convention Center, the Fillmore at the Jackie Gleason Theater of the Performing
Arts, the Colony Theater, and the Botanical Garden) which is operated and managed by a third
party pursuant to a written agreement with the City. A person or entity issued a City of Miami
Beach special event permit, or who enters into a written agreement with the City to plan, prepare
and execute a s•ecial event shall also no be deemed to be a •romoter under this section.
Sec. 102-360. Business tax receipt duration and expiration date.
Each business tax receipt shall be valid for one year. Tax receipts shall be issued beginning
October 1 of each year and shall expire on September 30 of the following year. Notwithstanding
the foregoing, or any other section in this chapter to the contrary;_
(1) Business tax receipts for promoters may be issued for a single dance or entertainment
eventzor for the full year commencing on October 1 and expiring on September 30 of
the following year.
al No business tax receipt shall be issued to a promoter for any event if such event is to
occur during a high impact period, as designated by the City Manager pursuant to
Section 82-443 of the City Code. and to be held at an alcoholic beverage establishment
located in any of the following areas:
L MXE mixed use entertainment district, excluding that portion of the MXE District
located between 73rd and 75th Streets:
ii. that portion of the CD-2 commercial, medium intensity district between
Pennsylvania Avenue and Collins Court, from 5th Street to 16th Street.
All-annual Any business tax receipt(s) issued to promoters shall be suspended during
high impact periods events, as s•ecificall set forth and identified wi hin subsection 2 .
The provisions prohibiting the issuance of a business tax receipt set forth herein, shall
not apply to those promoters that obtain a special event permit issued by the City
Manager.
[EDITOR'S NOTE: THE CITY MANAGER'S DETERMINATION OF A HIGH IMPACT PERIOD,
SHOULD BE LIMITED TO A FINITE PERIOD ("72 HOURS"), UNLESS OTHERWISE
EXTENDED BY THE MAYOR AND CITY COMMISSION. WE RECOMMEND INCLUDING THIS
IN THE DEFINITION OF "HIGH IMPACT EVENTS."]
* * *
Sec. 102-376. Business owner's responsibility/joint responsibility for violations.
(a) It shall be unlawful and a violation of this article for any person to operate or permit to operate
upon his/her/its premises a business not currently taxed as required by this article.
(b) 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 business tax receipt and a bond, if any, has been posted by
4
the promoter pursuant to section 102-378, such bond shall first be used to pay any Code
violation fines incurred as a result of the promoted dance or entertainment event.
Sec. 102-377. Penalties,enforcement; collection of delinquent fees and taxes, and criminal
penalties.
(a) Any person who shall carry on or conduct any business for which a tax receipt is required by
this article without first obtaining such tax receipt shall be issued a violation for the offense
which shall have a civil fine of$1,000.00. The enhanced enforcement for this violation shall
be pursuant to subsection 102-377(d) herein.
The enforcement and appeal of the notice of violation shall be consistent with those
requirements set forth in subsection 102-386(c)(2) and (3).
(b) Any person who violates any other provision of this article shall be cited with a notice of
violation as provided in subsection 102-386(c) of this Code, and may be subject to one or
more of the following enforcement/collection procedures:
(1) Suspension/revocation proceedings as set forth in sections 102-383 through 102- 385.
(2) Suit for injunctive relief to enjoin operation of the business in violation of this article.
(c) As an additional means of enforcement/collection and supplemental to the above, when a
notice or record of any past-due business tax/fees and penalties that become due and
payable to the city after the effective date of this section is recorded in the public records of
the county, the 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.
(d) In addition to the above, a continued violation of subsection 102-377(a) for a period of 30
days or more without first obtaining a tax receipt, shall be punished by imprisonment not to
exceed 60 days or by imposition of a fine not to exceed $500.00 or both.
(e) As an additional means of enforcement and supplemental to the above, if any person carries
on or conducts any business for which a tax receipt is required by this article without first
obtaining such tax receipt, then the city may prevent the business from operating until the
required tax receipt is obtained.
•
!Lf An alcoholic beverage establishment that permits. allows, authorizes, grants, or approves
the use of its premises by a promoter, who has violated the provision(s) of Section 102-360,
shall be subject to the immediate closure of its business operations for the event duration.
5
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.
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 day of S4 , 2019.
PASSED AND ADOPTED this 2 day of meq , 2019.
ATTEST: /s5 )1
Dan Gelber, Mayor
r
5-47 /11
Rafael E. Granado, City Clerk
Underline denotes additions
St-ikethrough denotes deletions
Double underline denotes additions after First Reading
(Sponsored by Mayor Dan Gelber)
APPROVED AS TO
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�0��f &FOR EXECUTION
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SII i City Attorney Date
INC ORP ORATED: 4
Ordinances - R5 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: May 8, 2019
1:35 p.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE
OF THE CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY AMENDING
ARTICLE V, ENTITLED "LOCAL BUSINESS TAX," BYAMENDING SECTION
102-356 THEREOF, ENTITLED "CONSTRUCTION OF ARTICLE;
DEFINITIONS," TO AMEND THE DEFINITION OF "PROMOTER";
AMENDING SECTION 102-360 THEREOF, ENTITLED "BUSINESS TAX
RECEIPT DURATION AND EXPIRATION DATE," TO ESTABLISH A
PROHIBITION ON THE ISSUANCE OF BUSINESS TAX RECEIPTS TO
PROMOTERS DURING HIGH IMPACT PERIODS, AND FURTHER
ESTABLISHING THE SUSPENSION,-DURING HIGH IMPACT PERIODS, OF
THOSE ANNUAL BUSINESS TAX RECEIPTS ISSUED TO PROMOTERS;
AMENDING SECTION 102-377 THEREOF, ENTITLED "PENALTIES,
ENFORCEMENT; COLLECTION OF DELINQUENT FEES AND TAXES, AND
CRIMINAL PENALTIES," BY SETTING FORTH ADDITIONAL PENALTIES
FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT HAVE A
PROMOTED EVENT DURING A HIGH IMPACT PERIOD; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
RECOMMENDATION
Pursuant to the request of Mayor Dan Gelber, the above-referenced Ordinance is submitted
on Second Reading for consideration by the City Commission at the May 8, 2019 Commission
meeting.
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
Page 450 of 1102
❑ Commission Memo Re Ch. 102, Prohibit Issuance of BTR during High Impact Periods
❑ Ordinance Amending Sec 102-356, 102-360, 102-377 Business Tax Receipts to Promoters
During High Impact Periods
o Ad
Page 451 of 1102
MI A MI B AC
OFFICE OF THE CITY ATTORNEY
RAUL AGUILA,CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR DAN GELBER
MEMBERS OF THE CITY COMMISSION SECOND READING
JIMMY L. MORALES, CITY MANAGER
FROM: RAUL J. AGUILA, CITY ATTORNEY2*.-ti
DATE: MAY 8, 2019
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE
OF THE CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY
AMENDING ARTICLE V, ENTITLED "LOCAL BUSINESS TAX," BY
AMENDING SECTION 102-356 THEREOF, ENTITLED "CONSTRUCTION
OF ARTICLE; DEFINITIONS," TO AMEND THE DEFINITION OF
"PROMOTER"; AMENDING SECTION 102-360 THEREOF, ENTITLED
"BUSINESS TAX RECEIPT DURATION AND EXPIRATION DATE," TO
ESTABLISH A PROHIBITION ON THE ISSUANCE OF BUSINESS TAX
RECEIPTS TO PROMOTERS DURING HIGH IMPACT PERIODS, AND
FURTHER ESTABLISHING THE SUSPENSION, DURING HIGH IMPACT
PERIODS, OF THOSE ANNUAL BUSINESS TAX RECEIPTS ISSUED TO
PROMOTERS; AMENDING SECTION 102-377 THEREOF, ENTITLED
"PENALTIES, ENFORCEMENT; COLLECTION OF DELINQUENT FEES
AND TAXES, AND CRIMINAL PENALTIES," BY SETTING FORTH
ADDITIONAL PENALTIES FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS THAT HAVE A PROMOTED EVENT DURING A HIGH
IMPACT PERIOD; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
In response to the extensive public discussion, and resulting concerns, and direction given by,
the Mayor and City Commission at the April 10, 2019 City Commission meeting, the scope of
the proposed Ordinance, surrounding the issuance and suspension of business tax receipts
issued to promoters for dance and entertainment events to occur (or take place at) alcoholic
beverage establishments during "high impact" periods, has been substantially narrowed.
In summary, those provisions of the Ordinance which have been modified, deleted, or otherwise
altered, are as follows:
1. The term "promoter", as defined in Section 102-356 of the City Code, was unmodified in
the previous ordinance, which was heard by the City Commission in its April 10, 2019,
" meeting.
Page 452 of 1102
Commission Memorandum
May 8, 2019 Page 2 of 3
However, as a result of questions which arose at the April 10, 2019 meeting regarding
who is or isn't included in the City's definition of "promoter," for the current Ordinance
clarifies and amends the definition to:
a) Clarify that only those persons who promote dance or entertainment events,
which are to occur at an "alcoholic beverage establishment," are promoters;
b) Expand upon what activities would constitute "promoting." The term has
been clarified so that in order to be considered a "promoter," the person has
to exercise control and decision-making authority over the planning,
organizing, and execution of the event;
c) Clearly explain that the term "promoter" does not include the promotion of a
dance or entertainment event by an alcoholic beverage establishment, or any
full-time employee of such establishment (i.e. self-promotion);
d) Further amend the provision exempting 501(c) corporations as promoters, so
that if a not-for-profit corporation personally plans, prepares, or executes an
event on its own behalf, it shall not be deemed a promoter;
e) Identify that the term "promoter" does not include a person merely hired to
host a dance or entertainment event, or a person who sponsors or allows
their name to be used in conjunction with a dance or entertainment event, but
exercises no other promoter related activities;
f) Specify that the term "promoter" does not include the City of Miami Beach or
any City-owned facility which is operated and managed by a third party,
pursuant to a written agreement with the City; and
g) Specify that a person or entity issued a City special event permit, or who
enters into a written agreement with the City to plan, prepare and execute a
special event, shall also not be considered a promoter.
2. A concern was expressed that the scope of the previous ordinance was too broad.
• Consequently, the geographic area, to which the current Ordinance is intended to apply,
has been narrowly tailored. It applies now only to promoters promoting dance and other
entertainment events at alcoholic beverage establishments within the "entertainment
district." The entertainment district has been defined to include only alcoholic beverage
establishments in the areas of: Ocean Drive, from 5th to 16th Street; Collins Avenue,
from 5th to 16th Street; and Washington Avenue, from 5th to 16th Street.
Page 453 of 1102
Commission Memorandum
May 8, 2019 Page 3 of 3
3. The current Ordinance also replaces the phrase "high impact event" with the term "high
impact period." A "high impact" event is currently defined in Section 82-443 of the City
Code (see Exhibit "A"). Since City Code Section 82-443 currently gives the City
Manager certain discretion (once he finds and declares that a high impact event exists)
to implement certain measures, the City Commission felt the term was too broad.
Therefore, it is our intention that, at the City Commission meeting on May 8, 2019, when
the City Commission considers second reading of the "high impact" ordinance (see
Exhibit "B"), to not only re-define the definition of what constitutes a "high impact" period,
but to also limit the Manager's powers during such period(s) to a limited time (i.e. for
example, 72 hours; following which he has to go to the City Commission for an
extension).
4. Finally, the current Ordinance supplements those penalty provisions set forth in Section
102-377 of the City Code, by unequivocally stating in a new subsection 102-377(f), that
an alcoholic beverage establishment which permits, allows, authorizes, grants or
approves the use of its premises by a promoter, who has violated the provisions of
Section 102-360, shall be subject to the immediate closure of its business operations for
the duration of the event.
The Mayor and City Commission initially heard the amendments to Section 102-360 at the April
10, 2019 City Commission Meeting. However, and in consideration of those subsequent
remedial amendments that were necessary for inclusion within Sections 102-356 and 102-377,
the City Commission was required to hold another first reading of those amendments to the
ordinances at the April 24, 2019 City Commission Meeting. The Mayor and City Commission
held a discussion regarding this matter on April 24, 2019, and subsequently approved those
amendments to Sections 102-356, 102-360, and 102-377 without any further modifications or
variations.
The Mayor and City Commission, in conjunction with approving those amendments to the
Ordinance on April 24, 2019, authorized the issuance of a notice to those alcoholic beverage
establishments located within the "Entertainment District," which were signed by Mayor Gelber
and City Manager Morales, and specifically delineated the proposed prohibitions set forth in the
Ordinance. A copy of the Notice is attached as Exhibit "A."
The second reading of the Ordinance is scheduled for the May 8, 2019 City Commission
Meeting, and the Administration supports the proposed amendments to Sections 102-356, 102-
360, and 102-377 of the City Code.
RA/AB/sp
Page 454 of 1102
�� I \t\/ i.A I BEAC F—I
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139 Tel.305-673-7010 Fax:305-673-7782
Jimmy Morales,City Manager
Tel.305-673-7010,Fax:305-673-7782
TO: All Alcoholic Beverage Establishments:
RE: Notice to Alcoholic Beverage Establishments — Amendments to Sections 102-356, 102-
360, and 102-377 of the City of Miami Beach Code(the "Ordinance")
Dear Sir or Madam:
Please be advised that on April 24, 2019, the City of Miami Beach Commission approved the attached
Ordinance on first reading (see Exhibit "A"). If approved on second and final reading, which is expected
to occur on May 8, 2019, the Ordinance will take effect and become law on May 18, 2019.
The Ordinance will prohibit the issuance of any business tax receipt ("BTR") to a promoter, as such term
is defined on Page 3, of Section 102-356 of the attached Ordinance, and suspend annual BTRs issued to
promoters, if they are promoting dance or entertainment event during a "high impact period" (as
designated by the City Manager pursuant to Section 82-443 of the City Code). ;
During these "high impact periods," promoter events WILL NOT be allowed at establishments licensed to
serve alcohol within the Entertainment District. The Entertainment District hereby includes those alcoholic
beverage establishments which are located within the following areas:
• Ocean Drive, from 5th to 15th
• Collins Avenue,from 5th to 16th
. • Washington Avenue, from 5th to 16th
This letter shall serve as notice by the City surrounding those prohibitions set forth in the Ordinance, and
immediately advises you that an event which is illegally promoted and occurring at your establishment -
during a designated high impact period shall be PROHIBITED.
Should you fail to comply and proceed to rent, lease, contract, assign or otherwise permit the use of your
business premises, or any portion thereof, for such illegally promoted event, then your establishment, and
the promoter, will be held jointly responsible for those violations under the Ordinance.
Penalties shall include, issuing notice(s)of violations with a civil fine of$1,000.00 for each such violation;
suspension and/or revocation of your business tax receipt; and the immediate closure of your
establishment for the promoted event duration should the business premises allow an illegally promoted
event to occur in violation of Sections 102-360 and 102-377 of the City Code.
PLEASE GOVERN YOURSELF ACCORDINGLY
Sim-r- '
"00,
Dan Gelber, ayor Ji j my L. Mor- es, City Manager
City of Miami Beach Cit of Miami Beach
EXHIBIT
Pah55 of 1102
SUNDAY APRIL ze 2019 NEIGHBORS 17NE
MIAMIHERALocom
CITY OF
I BEACH
/V\ AI v ,I �r NOTICE OF PUBLIIC HEARING
MAY 8, 2019
NOTICE IS HEREBY given that the following public hearing will be heard by the Mayor and City Commissioners of the City of Miami Beach,
Florida,in the Commission Chamber,Third Floor,City Hall, 1700 Convention Center Drive,Miami Beach, Florida,on May 8,2019,at the time
listed, or as soon thereafter as the matter can be heard:
1:35 p.m.Second Reading Public Hearing
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY AMENDING ARTICLE V, ENTITLED "LOCAL BUSINESS TAX," BY
AMENDING SECTION 102-356 THEREOF, ENTITLED "CONSTRUCTION OF ARTICLE; DEFINITIONS," TO AMEND THE DEFINITION OF
"PROMOTER"; AMENDING SECTION 102-360 THEREOF, ENTITLED "BUSINESS TAX RECEIPT DURATION AND EXPIRATION DATE," TO
ESTABLISH A PROHIBITION ON THE ISSUANCE OF BUSINESS TAX RECEIPTS TO PROMOTERS DURING HIGH IMPACT PERIODS,AND
FURTHER ESTABLISHING THE SUSPENSION, DURING HIGH IMPACT PERIODS, OF THOSE ANNUAL BUSINESS TAX RECEIPTS ISSUED
TO PROMOTERS;AMENDING SECTION 102-377 THEREOF,ENTITLED"PENALTIES,ENFORCEMENT;COLLECTION OF DELINQUENT FEES
AND TAXES,AND CRIMINAL PENALTIES,"BY SETTING FORTH ADDITIONAL PENALTIES FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS
THAT HAVE A PROMOTED EVENT DURING A HIGH IMPACT PERIOD;AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and§166.041 F.S. Inquiries may be
directed to the Office of the City Attorney at 305.673.7470.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed
to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 15` Floor, City Hall, Miami Beach, Florida 33139. A copy of this
item is available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1st Floor,
City Hall, Miami Beach, Florida 33139.This meeting, or any item herein, may be continued, and under such circumstances, additional legal
notice need not be provided.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the
City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
Members of the public may present audio/visual(AV)materials relating to Agenda Items at City Commission meetings held in the Commission
Chamber by utilizing the City's AV equipment, provided that materials are submitted to the Department of Marketing and Communications
by 8:30 a.m., one (1) business day prior to the meeting. Advance submittal of a presentation will allow the Communications Department
to plan for the use of the appropriate AV equipment. AV materials may be submitted via email at communications@miamibeachfl.nov; or
hand delivered in a jump drive, CD, or DVD to: Attention: Department of Marketing and Communications, 1701 Meridian Avenue, 5° Floor,
Miami Beach, FL 33139. Presentations, videos, or links must include a label noting the name or group, contact person, daytime telephone
number,email address,description/title of the presentation and Agenda Item Title as well as the Agenda Item number.Acceptable formats for
electronic submission are pdf, ppt, pptx, pps, ppsx,wmv, avi,and mov. (Note that pdf is the preferred format for PowerPoint presentations.)
To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with
disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and
select 1 for English or 2 for Spanish,then option 6;TTY users may call via 711 (Florida Relay Service).
Rafael E. Granado, City Clerk
City of Miami Beach
Ad 050819-07
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