Ordinance 2024-4628 ORDINANCE NO. 2024-4628
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 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.
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 FOLLOWS:
SECTION 1. That the section of the City Code setting forth the requirement 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 of
the City Code, shall be amended as follows and as hereinafter set forth below:
CHAPTER 102 • :y
TAXATION
ARTICLE IV. LOCAL BUSINESS TAX
* * *
Sec. 102-368. Posting of business tax receipt and decal;and display 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.
his failure to do sn he magi he 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)
within 15 days of the date of mailing by the city of the decal Failure to display the decal
as rcquircd shall result in a fine of$25.00. Failure to pay the fine will be considered a
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 Boat—95003402
(4) Sightseeing, Excursion—95003401
(5) Boat or Surfboard Rentals, as an accessory use in hotels—99003417
(6) Water Taxi - 95003415
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 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 3 day of IAu4td r , 2024.
PASSED AND ADOPTED this:ay day of /4117 , 2024.
ATTEST:
Steven Meiner, Mayor
• % JUL 3 0 2024
Rafael E. Gra ado, City Clerk
(Sponsored by Commissioner David Suarez) Co-Sponsored by Comm issioner,Joseph Magazine
Underline denotes additions. M,s
Sth denotes deletions.rip �.c
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INCORPOF�TEO
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APPROVED AS TO
-FORM & LANGUAGE
&FOR EXECUTION
City Attorney 1f Dote
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Ordinances - R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: July 24, 2024 10:40 a.m. Second Reading Public Hearing
TITLE: 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 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.
•
ANALYSIS
The proposed Ordinance, sponsored by Commissioner David Suarez, is proposed for Second
Reading Public Hearing.
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 challenges for the City. The City has also received numerous complaints of
commercial 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),wherein such
unpermitted 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 number (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.
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 BTR), $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).
Page 948 of 1750
•
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.
FISCAL IMPACT STATEMENT
Administration is requested to be prepared to address the fiscal impact of this proposed measure,
if any, at the June 26, 2024 City Commission meeting.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on 7/5/2024. See BIE at:
https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item,related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481 ti
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Commissioner Joseph Magazine
Page 949 of 1750