BIE - Posting of Conditional Use Permit (CUP) (8/23/2024)MIAMI BEACH
Ctty of Miami Beach,1700 Convention Center Drive.Miami Beach,Florida 33139,www.miamibeachfl.gov
TO:Honorable Mayor Steven Meiner and Members of the City Commission
FROM:Eric Carpenter,City Manager ~~
MEETING DATE:September 11,2024
SUBJECT:BUSINESS IMPACT ESTIMATE FOR:
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 CREATING SECTION
102-368.1 THEREOF,ENTITLED "POSTING OF CONDITIONAL USE PERMIT
(CUP)DECAL,"TO REQUIRE ANY BUSINESS OPERA TING PURSUANT TO
AN ACTIVE CONDITIONAL USE PERMIT TO POST A DECAL,ISSUED BY
THE CITY,INDICATING THAT THE BUSINESS HAS AN ACTIVE
CONDITIONAL USE PERMIT (CUP),AND PROVIDING INFORMATION ON
HOW THE APPROVED CUP MAY BE ACCESSED VIA THE INTERNET;AND
BY AMENDING APPENDIX A TO THE CITY CODE,ENTITLED "FEE
SCHEDULE,"TO CREATE A FEE TO OBTAIN THE REQUIRED DECAL;AND
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 Yes D 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;
D 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;
D 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;
D The proposed Ordinance is an emergency ordinance;
D The Ordinance relates to procurement;or
D 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;
Business Impact Estimate
Page2
c.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
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.An estimate of the direct economic impact of the proposed ordinance on private,for-profit
businesses in the municipality,including the following,if any:
a.An estimate of direct compliance costs that businesses may reasonably incur if the ordinance
is enacted;
b.Identification of any new charge or fee on businesses subject to the proposed ordinance,or
for which businesses will be financially responsible;and
c.An estimate of the municipality's regulatory costs,including an estimate of revenues from any
new charges or fees that will be imposed on businesses to cover such costs.
This Ordinance will impose a one-time fee of $10.00 on current and future businesses with
active Conditional Use Permits approved by the Planning Board.The $10.00 fee shall also
apply to replacement decals.Other than revenue generated by the proposed fee,the City
will use existing resources to enforce the Ordinance.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that at least 700 businesses will be directly impacted
by the proposed Ordinance.
,4.Additional comments:None
MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachtl.gov
COMMISSION MEMORANDUM
TO:Mayor Steven Meiner and Members of the City Commission
FROM:Ricardo J.Dopico,City Attorney
DATE:September 11,2024
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 "TAXA TION,"BY AMENDING
ARTICLE V,ENTITLED "LOCAL BUSINESS TAX,"BY CREATING
SECTION 102-368.1 THEREOF,ENTITLED "POSTING OF CONDITIONAL
USE PERMIT (CUP)DECAL,"TO REQUIRE ANY BUSINESS OPERA TING
PURSUANT TO AN ACTIVE CONDITIONAL USE PERMIT TO POST A
DECAL,ISSUED BY THE CITY,INDICATING THAT THE BUSINESS HAS
AN ACTIVE CONDITIONAL USE PERMIT (CUP),AND PROVIDING
INFORMATION ON HOW THE APPROVED CUP MAY BE ACCESSED VIA
THE INTERNET;AND BY AMENDING APPENDIX A TO THE CITY CODE,
ENTITLED "FEE SCHEDULE,"TO CREATE A FEE TO OBTAIN THE
REQUIRED DECAL;AND PROVIDING FOR REPEALER,SEVERA BILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
Pursuant to the request of Vice-Mayor Alex J.Fernandez,the attached Ordinance has been
placed on the September 11,2024 City Commission meeting agenda for Second Reading/Public
Hearing.The Ordinance was approved at First Reading on July 24,2024.
Currently,pursuant to City Code Section 102-368,each business operator in the City is required
to post a business tax receipt ("BTR")in a conspicuous place,so that it is visible to the City,upon
inspection,and to members of the public.
Under the Land Development Regulations,certain uses are classified as conditional uses,"
requiring conditional use permit (CUP)approval from the Planning Board.As part of each CUP
approval,the Planning Board is authorized to impose conditions to ensure the business operates
in a manner consistent with the Code,and to mitigate the potential impacts of the use on
neighboring properties.Each CUP,including any conditions of approval,is memorialized in a
detailed written order.
ANALYSIS
This Ordinance amends the City Code to require businesses to post a decal,issued by the City,
indicating that the business has an active CUP,and providing information on how the approved
CUP may be accessed via the internet.This may include a link,bar code,QR code,or other
machine-readable code linking to the full text of the approved CUP.
Commission Memo
September 11,2024
Page 2
This Ordinance will enhance transparency relating to each business operation and its conditions
of approval,and will allow the public to verify that the business is operating consistent with its
approval.By enhancing transparency,this Ordinance will also promote accountability and
improve compliance with CUP approvals.
The Ordinance has been revised for Second Reading to provide for a one-time fee in the amount
of $10.00 for each business operating pursuant to a CUP.Any replacement decals would also be
subject to a $10.00 fee.The purpose of the fee is to cover the City's administrative costs and the
cost of printing each decal.
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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,ENTITLED "TAXA TION,"BY
AMENDING ARTICLE V,ENTITLED "LOCAL BUSINESS TAX,"BY
CREATING SECTION 102-368.1 THEREOF,ENTITLED "POSTING OF
CONDITIONAL USE PERMIT (CUP)DECAL,"TO REQUIRE ANY
BUSINESS OPERA TING PURSUANT TO AN ACTIVE CONDITIONAL
USE PERMIT TO POST A DECAL,ISSUED BY THE CITY,INDICATING
THAT THE BUSINESS HAS AN ACTIVE CONDITIONAL USE PERMIT
(CUP),AND PROVIDING INFORMATION ON HOW THE APPROVED
CUP MAY BE ACCESSED VIA THE INTERNET;AND BY AMENDING
APPENDIX A TO THE CITY CODE,ENTITLED "FEE SCHEDULE,"TO
CREATE A FEE TO OBTAIN THE REQUIRED DECAL;AND PROVIDING
FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
WHEREAS,currently,each business operator in the City is required to post a business
tax receipt ("BTR")in a conspicuous place,so that it is visible to the City,upon inspection,and to
members of the public;and
WHEREAS,under the Land Development Regulations,certain uses are classified as
"conditional uses,"requiring conditional use permit (CUP)approval from the Planning Board;and
WHEREAS,as part of each CUP approval,the Planning Board is authorized to impose
conditions to ensure the business operates in a manner consistent with the Code,and to mitigate
the potential impacts of the use on neighboring properties;and
WHEREAS,each CUP,including any conditions of approval,is memorialized in a detailed
written order;and
WHEREAS,the City Commission now desires to amend the City Code to require
businesses to post a decal,issued by the City,indicating that the business has an active CUP,
and providing information on how the approved CUP may be accessed via the internet;and
WHEREAS,this ordinance will enhance transparency relating to each business operation
and its conditions of approval,and will allow the public to verify that the business is operating
consistent with its approval;and
WHEREAS,by enhancing transparency,this Ordinance will also promote accountability
and improve compliance with CUP approvals.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Chapter 102 of the Code of the City of Miami Beach,entitled "Taxation,"at
Article V,entitled "Local Business Tax,"is hereby amended as follows:
1
CHAPTER 102
TAXATION
***
Article V.Local Business Tax.
*k k
Sec__102-368_1__Posting of conditional use permit (CUP)decal.
(a)Any business establishment conducting a business pursuant to an active conditional use
permit approved by the planning board shall be required to post a decal,issued by the
city.indicating that the business holds an active conditional use permit.The decal shall
be displayed in the front window of the business premises (or at the main entrance to the
establishment,in the absen ce of a front window)upon the later of the effective date of
this ordinance.or within 15 days of the recording of the conditional use permit.The decal
shall indicate that the business is operating pursuant to a conditional use permit
approved by the planning board,and shall include a link,bar code,QR code,or other
machine-readable code linking to the full text of the conditional use permit.
SECTION 2.Appendix A to the City Code,entitled Fee Schedule,"is hereby amended as
follows:
FEE SCHEDULE
Pursuant to section 1-15 of this Code,this appendix includes all fees and charges established
by the city commission that are referred to in the indicated sections of the Code of Ordinances.
Certain specified fees and charges,as identified herein,shall be subject to annual adjustment
by the city manager,pursuant to the provisions of section 1-15 and this Appendix "A".A
schedule of all current city fees and charges as set forth in Appendix "A"shall be maintained
on the city's website.
*##
Section of Description FY2024 Fee Annual
this Code adjustment
(References
shown are
defined at the
end of this
Appendix A)
#**
Chapter 102.Taxation
***
2
A rticle V.Local Business T ax
###
102-368.1 C ond itional use per m it (C U P)d ecal 10.00 A)
(fee shall appl y to issuance of original de ca l as well
asr epl acem ent decals)
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N O T E S O N A N N U A L A D JU S T M E N T S
[A ]Indexed to C P I -R ounded up to the nearest dollar
[B J Inde xed to C P I -R ounded up to the nearest cent
k k tr
SECTION 3.REPEALER.
A ll ordinances or parts of ordinances in conflict herew ith are hereby repealed.
SECTION 4.SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the
rem ainde r shall not be aff ect ed by such invalidity.
SECTION 5.CODIFICATION.
It is the intention of the M ayor and C ity C om m ission of the C ity of M iam i Beach,and it is
hereby ordained that the provisions of this O rdinance shall becom e and be m ade a part of the
C ode of the C ity of M iam i Beach,Florida.The sections of this O rdinance m ay be renum bered or
re-lett ered to accom plish such intention,and the w ord "ordinance"m ay be changed to "section,"
"article,"or othe r appropriate w ord.
SECTION 6.EFFECTIVE DATE.
T his O rdinance shall take eff ect on O ctober 1,2025.
PASSED and ADOPTED this day Of '2024.
ATTEST:
Mayor Steven M einer
R afael E.G ranado ,C ity C lerk
U nderline de notes new language
(S ponso red by V ice-M ayor A lex J.Fern andez)
3
A PPR O V ED A S TO
FO R M AND LA N G U A G E
&mCUTION
C ity Attorn ey (K
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D ate