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Ordinance 2025-4731 ORDINANCE NO. 2025-4731 AN ORDINANCE OF THE MAYOR AN� 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 102368 THEREOF, ENTITLED "POSTING OF BUSINESS TAX RECEIPT AND DECAL; DISPLAY OF BUSINESS TAX RECEIPT NUMBER IN ADVERTISEMENTS;' BY REQUIRING THAT COMMERCIAL VESSEL- RELATED BUSINESSES PROMINENTLY DISPLAY A CITY-ISSUED BUSINESS TAX RECEIPT DECAL ON EACH COMMERCIAL VESSEL IN THEIR FLEET; 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 govemment; and WHEREAS, the City has many 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 Ciry has received complaints wnceming potentially unauthorized commercial vessel activity taking place in the City wherein such unpermitted and unregulated activity is illegal and causes numerous public safety, noise, sanitation, and other concems. WHEREAS, in order to allow for more effective and efficient enforcement of unauthorized commercial vessel activity, the Mayor and City Commission desire to adopt the following amendment to the City Code. 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 decal, as such Ordinance is codified in section 102-368 of the Cfty Code. shall be amended as follows and as hereinafter set forth below: CHAPTER 102 TAXATION ARTICLE IV. LOCAL BUSINESS TAX Sec. 102-366.-Posting of business tax receip[�nd qer�l;arM display of business tax receipt number in ativenisements. (a) Aay Every person and entitv conducting a business for which a tax receipt is required by this article shall post the city-issued business tax receipt in a conspicuous place in or about the place of business where it may be seen upon inspection by any official of the city. (b) Every person and entitv conductino commercial vessel activitv pursuant to anv of the cateaories set forth in subsection (c) herein shall oost a decal issued bv the Citv on the vessel to indicate that the vessel is ooerated oursuant to a valid business tax receiot A decal shall be oosted on every commercial vessel ooeratinq pursuant to the business tax receiot and each decal shall be orominentiv disolaved on the fonvard oort side of the yessel nezt to the vessePs reaistration decal The Citv-issued decal shall include a link bar code. �R code or other machine-readable code �inkinq to the soecific business tax receiot under which the vessel is ooeratino The failure to fullv comolv with the requirements of this subsection shall result in fines and oenalties pursuant to section 102 377 as if such tax receiol had never been orocured This subsection /b) shall have an effective date of October 1 2025 f� 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 resWt in fines and penalties, pursuant to section 102377, 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. 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. 2 Section of Description FY2024 Fee Annual this Code adjustment (References shown are defned atthe end of this Appendix A) Chapter 102. Taxation Article V. Local Business Tax 102-368 Business Tax Receiot BTR)decal 10.00 U (fee shall aoolv to issuance of orioinal decals as well as reolacement decalsl NOTES ON ANNUAL ADJUSTMENTS [A] Indexed to CPI - Rounded up to the nearest dollar [B] Indexed to CPI - Rounded up to the nearest cent $ECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same 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 part of the Miami 3 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 6. EFFECTIVE DATE. This Ordinance shall take effect on the 1�' day of October, 2025. PASSED AND ADOPTED this af day of J��'�- , 2025. ATTEST: �EC�..v�_ teven Meiner, Mayor IU�� � �l LII�� Jp� �g��y _cc�,M.....,,e;y*, �( 1 ,( . ranado City Clerk ;,.�G�i � i�° REGIS BARBbU : sixropv ouaE4 : (Sponsored b Vice-Ma or David Suarez �''�` ��` Y Y � �„9j�qCN_26,=9: Underline denotes additions. � ` St�lce4p�euyti denotes deletions. . APPROVED AS TO FORM & LANGUAGE EXECUTION Ci omey� Dote 4 Ordinancea-RS G MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members o!the City Commission FROM: City Attomey Ricardo J. Dopico DATE: June 25, 2025 9:27 a.m. Second Reading Public Heanng TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITV 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; DISPLAV OF BUSINESS TAX RECEIPT NUMBER IN ADVERTISEMENTS," BV REQUIRING THAT COMMERCIAL VESSEL-RELATED BUSINESSES PROMINENTLY DISPLAY A CITY-ISSUED BUSINESS TAX RECEIPT DECAL ON EACH COMMERCIAL VESSEL IN THEIR FLEET; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION BACKGROUNDIHISTORY ANALYSIS The proposed ordinance, sponsored by Vice-Mayor David Suarez, is submitted for consideralion by the Mayor and Ciry Commission. The City has many vessels(including charter boats, rental boats, antl jet skis)operating within its junsdictional limits and the sizeable number of individuals boating has posed numemus challenges for the Ciry. Presently, the City Code requires commercial vessel businesses operating on, or from, any real property in the Ciry to obtain a business taz receiDt ("BTR") and abide by all state and local regulatlons in conducting their business opera�ions. However, ihe City has received complaints conceming potentially unauthorized commercial vessel activity taking place in the Ciry wherein such unpermitted and unregulaled activity is illegal and causes numerous public safety, noise, sanitation, and other issues. In order to allow for more eHective and efficient enforcement of unauthonzed commercial vessel activity, the proposed Ordinance (which, if adopted, would take effect on October 7, 2025)would require commercial vessel-related businesses to prominently display a City-issuetl tleral (with a machine-readable code linking the vessel to a specific 8TR) on each commercial vessel in their fleet This would aid the City's enforcement eRorts by enabling its Code Compliance Otfcers and Police Offcers to readily identify any vessel as a commercial vessel and, moreover, to quickty detertnine whether any such vessel is operating pursuant to a valid BTR. 1467 FISCAL IMPACT STATEMENT The sponsor of this item requests that the Administration be prepared to address ihe fscal impact of this proposed measure, if any, at the City Commission meeting. Does thia Ordinance reauire a Busineas Imoact Estimate� Yes (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate(BIE)was publiahed on: 5123I2025 See BIE ak �s�//www miamibeachfl qov/ciN-hall/ciN-clerk/meetina-notices/ FINANCIAL INFORMATION CONCLUSION Aoolicabla Area Citywitle Is this a "Residents Riaht to Know" item Is this item related to a G.O. Bond pursuant to Citv Code Section 2•17� Proiect7 No No Was this Aaentla Item initiallv reouested bv a lobbvist which as tlefined in Code Sec 2-481 includes a orincinal enaaned in lobbvinn? No If so, specify the name of lobbyist(s)and principal(s): Deoartment City Attorney SDOflsof(bl Commissioner David Suarez Co-soonsorlsl Condensed Title 927 a.m. 2nd Rdg, BTR Decal Required for Commercial Vessel-Businesses. (Suarez) CA Previous Action fFor CiN Clerk Use Onlvl First Reading Public Hearing on 5/21/2025- RS W 1468 �