BIE - Posting of Business Tax Receipt and Decal (07/05/2024)MIAMI BEACH
City of Miami Beach, 17CO Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
MEETING DATE:
Mayor Steven Meiner and Members of the City Commission
Rickelle Williams, Interim City Manager /(/J
July 24, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COM MISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, ENTITLED "TAXATION," BY AMENDING ARTICLE IV, ENTITLED "LOCAL
BUSINESS TAX," BY AMENDING SECTION 102-368 THEREOF, ENTITLED "POSTING OF
BUSINESS TAX RECEIPT AND DECAL," BY REQUIRING THAT SPECIFIED VESSEL-
RELATED BUSINESSES PROMINENTLY DISPLAY THEIR CITY-ISSUED BUSINESS TAX
RECEIPT NUMBER IN ALL ADVERTISING, SOLICITATION AND MARKETING MATERIALS;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
Is a Business Impact Estimate Required?
0 Yes □No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;
□The proposed Ordinance relates to the issuance or refinancing of debt;
□The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
□The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
□The proposed Ordinance is an emergency ordinance;
□The Ordinance relates to procurement; or
□The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
B u s in e s s Im p a c t E s tim a t e
P a g e 2
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041( 4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach, that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible, and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
Although there is no direct economic impact, compliance costs, or new fees/costs for
which businesses will be responsible if the proposed Ordinance is adopted, there are
approximately 114 businesses in the City that will be impacted by the Ordinance.
I 4. Additional comments: None.
MIAMIBEACH
Ricardo ). Dopico, City Attorney
Clty of Miami Beach, 1O Convention Center Dive Miami Becch. Florida 33139 www.miamibeachtl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Steven Meiner
=7
May 15, 2024
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, FLORIDA, ENTITL ED "TAXATION ," BY AMENDING ARTICLE IV,
ENTITLED "LOCAL BUSINESS TAX," BY AMENDING SECTION 102-368 THEREOF,
ENTITLED "POSTING OF BUSINESS TAX RECEIPT AND DE CAL," BY REQUIRING
THAT SPECIFIED VESSEL-RELATED BUSINESSES PROMINENTLY DISPLAY
THEIR CITY-ISSUED BUSINESS TAX RECEIPT NUMBER IN ALL ADVERTISING,
SOLICITATION AND MARKETING MATERIALS; AND PROVIDING FOR REPEALER,
SEVERA BILITY, CODIFICATION, AND AN EFFECTIVE DATE.
The proposed Ordinance. sponsored by Commissioner David Suarez, is submitted for first reading at
the May 15, 2024 City Commission meeting.
The City has seen an increasingly large number of vessels (including charter boats, rental boats, and
jet skis) operating within its jurisdictional limits, and the sizeable number of individuals boating has
posed various challeng es for the City. Th e City has also received numerous complaints of com mercial
charter vessels, rental vessels, and other vessels illegally using both public and private property for the
embarkation and/or disembarkation of passengers, docking, and the loading or unloading of food,
goods, equipment fuel and supplies, in violation of the City Code.
Presently, the City Code requires commercial vessel businesses operating on, or from, any real property
in the City to obtain a business tax receipt (BTR") prior to commencing their business operations.
However, the City has identified numerous online advertisements, marketing materials and solicitations
pertaining to unauthorized commercial vessel activity (i.e, vessel charters and rentals) taking place in
the City (from both public and private property), wh erein such unperm itted and unregulated activity
causes numerous public safety, noise. and sanitation issues, and is patently illegal without the person
or business entity having obtained a BTR from the City.
The proposed Ordinance would require every person and entity conducting business in the City to
prominently display their current City-issued BTR numbe r (and the exact location of vessel
embarkations and disembarkations) on all advertisements, solicitations and marketing materials relating
to any commercial vessel activity occurring in the City.
Commission Memorandum- 1st Rdg., Ch. 102, TR Number Required in Vessel-Related Advertising
May 15, 2024 City Commission Meeting
Page 2
The failure to fully comply with the proposed Ordinance would result in fines and penalties that range
from $1,000 for a first offense (and the business being prohibited from operating until it obtains a valid
B8TR), $3,500 for a second offense within the preceding 12 months (and the business being prohibited
from operating for 10 days or until it obtains a valid BTR, whichever is later), and $5,000 for a 3" offense
within the preceding 12 months ( and the business being prohibited from operating or applying for any
new BTR for a 13-month period).
By adopting the proposed Ordinance, the Mayor and City Commission would provide the Code
Compliance Department with a mechanism to more efficiently and effectively identify and issue
violations to persons or entities advertising and conducting illegal commercial vessel operations within
the City.
RJD/ MAF/bhs
ORDINANCE NO. ------
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, FLORIDA, ENTITLED "TAXATION," BY
AMENDING ARTICLE IV, ENTITLED "LOCAL BUSI NESS TAX" BY
AMENDING SECTIO N 102-368 TH EREOF, ENTITLED "POSTING OF
BUSINESS TAX RECEIPT AND DECAL," BY REQUIRING THAT
SPECIFIED VESSEL-RELATED BUSINESSES PROMINENTLY DISPLAY
THEIR CITY-ISSUED BUSINESS TAX RECEIPT NUMBER IN ALL
ADVERTISING, SOLICITATION AND MARKETING MATERIALS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, ANO AN
EFFECTIVE DATE.
WHEREAS, the protection of the health, safety, and general welfare of the City's residents
and visitors is the most fundamental function of the City government and
WHEREAS, the City has seen an increasingly large number of vessels (including charter
boats, rental boats, and jet skis) operating within its jurisdictional limits and the sizeable number
of individuals boating has posed numerous challenges for the City; and
WHEREAS, the City Code requires commercial vessel businesses operating on, or from,
any real property in the City to obtain a business tax receipt ("BTR"), and abide by all state and
local regulations in conducting their business operations, and
WHEREAS, the City has received numerous complaints of commercial charter vessels
(and other vessel rentals) illegally using public and private property for the embarkation and/or
disembarkation of passengers, docking, and the loading or unloading of food, goods, equipment
fuel and supplies, in violation of various provisions of the City Code, and
WHEREAS, the City has also identified numerous online advertisements, marketing
materials and solicitations pertaining to unauthorized commercial vessel activity (i.e., vessel
charters and rentals) taking place in the City (from both public and private property), wherein such
unpermitted and unregulated activity is illegal and causes numerous public safety, noise,
sanitation, and other concerns.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOW S:
SECIlON 1. That the section of the City Code setting forth the requiremen t for the posting
of the business tax receipt and display of the business tax receipt number in advertisements,
solicitations and marketing materials, as such Ordinance is codified in section 102-368 0f
the City Code shall be amended as follows and as hereinafter set forth below.
CHAPTER 102
TAXATION
ARTICLE IV. LOCAL BUSINESS TAX
Sec. 102-368. Postin g of business tax receipt and decal ; and displ ay of business tax receipt
number in advertisements.
(a) Any person conducting a business for which a tax receipt is required by this article shall
post his the city_issued business tax receipt in a conspicuous place in or about his the
place of business where it may be seen upon inspection by any official of the city For
his failure to do so, he may be fined as if he had never procured such tax receipt The
failure to do so shall result in fines and penalties, pursuant to section 102-377, as if such
tax receipt had never been procured
(b) Hf the city supplies a decal indicating that a business has a current tax receipt to the
taxee, the tax ee shah display the decal in the front window of the business premises
within 15 days of the date of mailing by the city of the decal Failure to display the decal
as required shall result in a fine of $25.00. Failure to pay the fine will be considered a
violation of this article. Every person and entity conducting business in the city shall
prominently display their current city-issued business tax receipt number and the exact
location(s) of vessel embarkations and disembarkations on all advertisements,
solicitations and marketing materials relating to any commercial vessel activity occurring
in the city pursuant to any of the following categories. The failure to fully comply with the
requirements of this subsection shall result in fines and penalties. pursuant to section
102-377,as if such person or entity had never procured a business tax receipt
1 ) Charter - 95003403
(2) Livery (renting)- 95003200
(3) Commercial Passenger 80at - 95003402
(4} Sightseeing, Excursion - 95003401
(5) Boat or Surfboard Rentals, as an accessory use in hotels - 99003417
(6) Water Taxi- 95003415
S E C TION 2 R EP E AL E R.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed
S E C T IO N 3. S E V E RA BI LI T Y.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity
2
SECTI ON . 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 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 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of , 2024.
PASSED AND ADOPTED this d ay of,2024.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner David Suarez)
Underline denotes additions.
Strikethro ugh denotes deletions.
APPROVED AS TO
FORM & LANGUAGE
8 FOR EXECUTION u> <ls+
civ Aome f Dote
3