Ordinance 2024-4646 ORDINANCE NO. 2024-4646
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 OPERATING 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.
* * *
Sec. 102-368.1. Posting of conditional use permit(CUP) decal.
O 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 absence of a front window) u•on 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
Article V. Local Business Tax
102-368.1 Coitional use permit(CUP)decal 10.00 [�]
(fee shall apply to issuance of original decal as well
• as replacement decal)
•
* * *
NOTES ON ANNUAL ADJUSTMENTS
[A] Indexed to CPI - Rounded up to the nearest dollar
[B] Indexed to CPI - Rounded up to the nearest cent
* * *
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. 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 a part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on October 1, 2025.
PASSED and ADOPTED this If day of Se PI pc/ , 2024.
ATTEST:
SEP 1 7 2024 Mayor Steven Meiner
Rafael E. Granado, City Clerk
APPROVED AS TO
Underline denotes new language FORM AND LANGUAGE
& F XECUTION
(Sponsored by Vice-Mayor Alex J. Fernandez)
Co-Sponsored by Commissioner Joseph Magazine City Attorney Qv_ Date
Co-Sponsored by Commissioner Tanya K.Bhatt •Bc,,
3
INNCORP ORATED/
Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: September 11, 2024 10:20 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, 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 OPERATING 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.
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.
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.
Page 703 of 1377
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. The purpose of the fee is to cover the
City's administrative costs and the cost of printing each decal.
FISCAL IMPACT STATEMENT
If this Ordinance is adopted at First Reading, the Administration will provide an estimated fiscal
impact prior to Second Reading.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on 8/23/2024. See BIE at:
https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
CONCLUSION
If the Ordinance is adopted at First Reading, a Second Reading/Public Hearing will be scheduled
on July 24, 2024.
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?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s): N/A
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Commissioner Joseph Magazine
Commissioner Tanya K. Bhatt
Page 704 of 1377