R5D-Second Hands Goods Stores � Precious Metals -G�ngora-COMMISSION ITEM SUMMARY
First Reading to consider an Ordinance Amendment proposing to require Conditional Use approval
for Second Hand Goods Stores dealin in Precious Metals
Neighborhood satisfaction and Maintain strong growth management policies.
Supporting Data-(Surv-eys, Environmental Scan, etc More than half of all residential respondents,
55%, su ested the effort put forth b the Ci to re ulate develo mentis "about the ri ht amount"
Issue:
Should the City Commission approve an Ordinance at First Reading requiring Conditional Use
a roval from the Plannin Board for Second Hand Goods stores dealin in Precious Metals?
FIRST READING
The proposed Ordinance would treat Secondhand Goods stores that deal in Precious Metals to be
approved as Conditional Uses by the Planning Board. The ordinance would treat them in the same
way as currently applied to Pawn Shops, requiring Conditional Use in areas where permitted, and
prohibiting them in certain other areas.
The Administration recommends that the City Commission approve the Planning Department version
of the Ordinance on First Reading and set a Second Reading Public Hearing for February 6, 2013.
Advisory Board Recommendation~.--------·~~--=------~:------~
I On June 28, 2011, the Planning Board considered the proposed amendment drafted by staff, and
commended that the Ordinance only include the Conditional Use requirement only for second hand
ecious metals, as they were concerned about affecting used furniture shops and "thrift" shops, as
rrently defined in the State statute as second hand goods.
Financial Information:
Source of
Funds:
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OBPI I Tota.l .j __
Financial Impact Summary: The proposed ordinance should not have any direct fiscal impact
_y_eon the resources of the City a;.;;_t -'-th-'is:;__t:..;.im __ e.;;_·'--------~~~·---·-----~~-------'
City Clerk's Office leg_is-,-1.,.-at_iv_e_T_ra_c __ k_i_n=g_: -------~
\ Richard Lorber or Thomas Mooney ~
Si n-Offs:
MIAMI BEACH 368
AGENDA ITEM R 5' D
DATE [-lb··l'$
m MIAMI BEACH ~
City of Miami Beach, 1700 Convention Cer.ter Drive, Miami Beoch, Fiorido 33139, www.miomibeochf!.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROMe Kathie G. Brooks, Interim City Manage/.,0{ ~ .
DATE: January 16,2013
FIRST READING
SUBJECT: Second Hands Goods Stores -Precious Metals
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, AMENDING THE CITY CODE, BY
DELETING CHAPTER 18, "BUSINESSES", ARTICLE XII,
.. SECONDHAND GOODS .. , DIVISION 3, "PAWNSHOPS"; AND
DIVISION 4, "SECONDHAND DEALERS,; AND BY AMENDING
CHAPTER 102, "TAXATION .. , ARTICLE V, "LOCAL BUSINESS
TAX", SECTION 102-356, "CONSTRUCTION OF ARTICLE;
DEFINITIONS"; IN ORDER TO CONFORM CITY CODE
PROVISIONS ON PAWNSHOPS AND SECONDHAND GOODS
WITH APPLICABLE FLORIDA STATUTES; AND BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II "DISTRICT REGULATIONS/' DIVISION 4 "CD-1
COMMERCIAL, LOW INTENSITY DISTRICT," SECTION 142-273,
"CONDITIONAL USES" AND DIVISION 5 "CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT/' SECTION 142-303
HCONDITIONAL USES" BY INCLUDING SECOND HAND
DEALERS OF PRECIOUS METALS AS A CONDITIONAL USE IN
THE CD-1 AND CD-2 ZONING DISTRICTS; AND DIVISION 6,
"CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION
142-335 "PROHIBITED USES" AND DIVISION 18 "PS
PERFORMANCE STANDARD DISTRICT," SECTION 142-693(C)
"PERMITTED USES," BY INCLUDING SECOND HAND
DEALERS OF PRECIOUS METALS AS PROHIBITED USES IN
THE CD-3 AND PS DISTRICTS, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on First Reading and set a Second Reading Public Hearing for
February 6, 2013.
BACKGROUND
A discussion to tighten the City ordinance involving conditional use procedure for second
hand stores was referred to the Land Use and Development Committee by the City
Commission on November 17, 2010, at the request of Commissioner Gongora. On
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Commission Memorandum
Second Hand Goods Stores -Precious Metals
January 16, 2013 Page 2 of 3 -------'=--
December 13, 2010, the Land Use Committee referred the matter to the Planning Board
as an Ordinance Amendment.
ANALYSIS
Currently the City Code specifies that in those commercial zoning districts that permit
them, pawnshops are a Conditional Use, requiring review and approval by the Planning
Board. Pawnshops are specifically defined in the City Code.
Another type of business, which is related to pawnshops, are second hand goods. The
City has two types of second hand goods licenses, either apparel. Le. used clothing, or
non-apparel. Second hand goods non-apparel can be any type of hard good, used
furniture and the like, but most often is characterized by the buying and sometimes
selling of gold and jewelry items. This use is very similar to pawnshops, except they do
not deal in "pawns" or loans for a specific amount of time secured by the goods pawned,
but rather engage in a straight purchase of the proffered goods.
In 1994 the City enacted restrictions on pawnbroking, requiring Conditional Use
approval. Originally, staff believes that this was intended to extend to second hand
goods dealers as well; however, changes to State law split pawnbroking from second
hand goods, and the City ordinance requiring Conditional Use was not applied to second
hand goods. The proposed ordinance would extend the same Conditional Use
requirement and district prohibitions to certain Second Hand Goods.
On June 28, 2011, the Planning Board considered a comprehensive Ordinance
amendment drafted by staff, which included numerous references to applicable State
Law and set forth more comprehensive procedures and requirements for second hand
good stores. This comprehensive version of the ordinance included dealers in precious
metals, as well as used furniture shops and "thrift" shops, as currently defined in the
State statute as second hand goods.
The Planning Board, however, expressed concern about the broad nature of the
proposed ordinance, and recommended that the Ordinance be reduced in scope and
include the Conditional Use requirement only for second hand precious metals.
Precious metals is defined by the state statute 538.03 F.S. as any item containing any
gold, silver, or platinum, or any combination thereof, excluding any chemical or any
automotive, photographic, electrical, medical, or dental materials or electronic parts.
Precious metals dealer is defined as a secondhand deafer who normally or regularly
engages in the business of buying used precious metals for resale. The term does not
include those persons involved in the bulk sale of precious metafs from one secondhand
or precious metals dealer to another. ·
Staff has reviewed the recommended Ordinance with the City Attorney's Office and the
Police Department, and presented a draft of the recommended Ordinance for discussion
and policy direction to the Land Use Committee (see attached). This ordinance is more
limited in scope, as per the Planning Board's recommendation. During a recent
discussion of the matter at a City Commission discussion, Mayor Bower expressed a
similar preference for a more limited approach, rather than increasing regulations on all
types of used goods sellers.
Note that the ordinance as proposed also deletes the entirety of those portions of
Chapters 18 and 102 (outside the Land Development Regulations) that deal with
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Commission Memorandum
Second Hand Goods Stores-Precious Metals
January 16, 2013 Page 3 of 3
pawnbrokers and second hand goods, and replaces them with references to the
applicable State statutes, F.S. 538 and 539. This amendment is at the request of the
City Attorney's Office staff, who believe that this would be more preferable than
continuing to delineate the state requirements through text in the City Code.
In summary, the proposed ordinance attached would require Second Hand Precious
Metals dealers to obtain Conditional Use approval, restricts them from those districts
which pawnbrokers are currently restricted, and replaces regulations in Chapters 18 and
1 02 with references to the applicable state statutes.
PLANNING BOARD REVIEW
On June 28, 2011, the Planning Board considered the proposed amendment drafted by
staff, and recommended that the Ordinance only include the Conditional Use
requirement only for second hand precious metals, as they were concerned about
affecting used furniture shops and "thrift" shops, as currently defined in the State statute
as second hand goods.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and determined that there
should not be a measurable impact on the City's budget by enacting the proposed
ordinance.
CONCLUSION
The Administration recommends that the City Commission approve the Planning
Department version of the Ordinance on First Reading and set a Second Reading Public
Hearing for February 6, 2013.
KGB/JGG/RGL
T:\AGENDA\2013\January 16\Second Hand Goods MEM 1st.docx
371
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, AMENDING THE CITY CODE, BY DELETING
CHAPTER 18, "BUSINESSES", ARTICLE XII, "SECONDHAND
GOODS", DIVISION 3, "PAWNSHOPS"; AND DIVISION 4,
"SECONDHAND DEALERS"; AND BY AMENDING CHAPTER 102,
"TAXATION", ARTICLE V, "LOCAL BUSINESS TAX", SECTION 102-
356, "CONSTRUCTION OF ARTICLE; DEFINITIONS"; IN ORDER TO
CONFORM CITY CODE PROVISIONS ON PAWNSHOPS AND
SECONDHAND GOODS WITH APPLICABLE FLORIDA STATUTES;
AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS/' ARTICLE II "DISTRICT REGULATIONS/' DIVISION 4
"CD-1 COMMERCIAL, LOW INTENSITY DISTRICT/' SECTION 142-
273, "CONDITIONAL USESn AND DIVISION 5 11 CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT," SECTION 142-303 "CONDITIONAL
USES'' BY INCLUDING SECOND HAND DEALERS OF PRECIOUS
METALS AS A CONDITIONAL USE IN THE CD-1 AND CD-2 ZONING
DISTRICTS; AND DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY
DISTRICT," SECTION 142-335 "PROHIBITED USES" AND DIVISION
18 "PS PERFORMANCE STANDARD DISTRICT/' SECTION 142-693(C)
"PERMITTED USES," BY INCLUDING SECOND HAND DEALERS OF
PRECIOUS METALS AS PROHIBITED USES IN THE CD-3 AND PS
DISTRICTS, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly
define the requirements of the Land Development Regulations of the Code of the City of
Miami Beach as they pertain to zoning districts and regulation; and
WHEREAS, currently the City Code specifies that in those commercial zoning
districts that permit them, pawnshops are a Conditional Use, requiring review and
approval by the Planning Board. Pawnshops are specifically defined in the City Code;
and,
WHEREAS, secondhand dealers are a similar use to pawnshops, but are not
specified enumerated in the list of permitted, conditional and prohibited uses for the
various zoning districts; and,
WHEREAS, the City of Miami Beach desires to require review and approval of
secondhand dealers similar to that which is required of pawnshops; and,
WHEREAS, the amendments set forth below throughout the City Code are
necessary to accomplish the above objective;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACHY FLORIDA.
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SECTION 1. Chapter 18, "Businesses", Article XII, "Secondhand Goods", Division 3,
"Pawnbrokers" of the City Code is hereby deleted and replaced with the following reference to
Florida Statutes:
DIVISION 3. ·PAWNBROKERS
Sec. 18-721.-Sec. 18-737
Replaced by F.S. § 539.003 as may be amended from time to time.
* * *
SECTION 2. Chapter 18, "Businesses", Article XII, "Secondhand Goods", Division 4,
"Secondhand Dealers" of the City Code is hereby deleted and replaced with the following
reference to Florida Statutes:
DIVISION 4. ·SECONDHAND DEALERS
Sec. 18-761 -Sec. 18-770
Replaced by F .S. § 538.03 -538.17 as may be amended from time to time.
SECTION 3. Chapter 102, "Taxation", Article V, "Local Business Tax", Section 102-356,
"Construction of Article; Definitions" of the City Code is hereby amended as follows:
Sec. 102-356.-Construction of article; definitions.
* * *
Secondhand dealer is as defined in F.S. § 538.03. means any person not solely-a
secondary metals recycler subject to F-·.S. ch. 538;-pt. II, engages in the business of
!Jurchasing, coHSigning, pavming, selling, baftering, e*GAanging in any manner at retail
or Viholesale, or other:wise dealing for profit-in secon6ha00-goods. The term shalf
~e-~11 sealers who bu-y,tfase or sell or who make loans of mooey
Hpon the de13osit or pledge of seoo-n€1-hand goads.
Secondhand goods is as defined in F.S. § 538.03. means per:senal pr:eper=ty-prevleusly
owned or: used, v;hich is net regulated metals property regulated HASer F.S. ch. 538.,.-ph
II, and 'Nhich is purohased,--soifl,-Sartered, exchanged, con-slgned or pawnee as used
property. The term includes-Out is not limited to:
(1} VVatc~
(2) Items centa~i}etd, silver, platinum of-Other precious metal;
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(3) Jewelry, dlamones, gems, ane othor precious stones, excluding costume
jev.'elry;
(4) Fishing-rods ane tackle;
(5} Au4e and video~f3ment. ineluding but not limited to telev-ision sets, radiO&;
~rs, turntables, tape reGefders, vidootape reeorders, speakers,
800 oitizens' band radios, and compact disc playeFs;.
(6) Compu-tef equipment;
(8) Depth fiAders;
(9) Trolling ffiGters-afl&etJtboard motors;
(1 0) Photographic equipment, incl~· but not !4mited to eameras, lenses,
electronio #ashes, tripods and developing equipment;
~ry. tools, electric motors, caleulators, tires, hubcaps, musical
instruments, tyf3evt'riters;
fl.2t.VVeapons, iAcluding knives, swords, and.a-if-§tm&r
{13) Telephones, including cellH-J.ar and peftable-;
04~veAS7
{15) Animal f~
(16) Video games;
(17)Qffi~~~~**~~a&~~~.~a~X~m~a~C»hi~n~etrS~a~n~d~p*O~S~taftg~eHA1flttS~Ch~i»Ae~S~;
f4~orts ef1uipment~
(1 9) Lawnmowe~d-metor vehieles.
* * *
SECTION 4. Chapter 142, Entitled "Zoning Districts and Regulations", Article II "District
Regulations," Division 4 "CD-1 Commercial, Low Intensity District," Section 142-273,
"Conditional Uses" of the City Code is hereby amended as follows:
Sec. 142-273.-Conditional uses.
The conditional uses in the CD-1 commercial, low intensity district are adult congregate
living facilities; nursing homes; religious institution; public and private institutions;
schools; day care facility; pawnshops; secondhand dealers of gracious metals; video
game arcades; warehouses; any use selling gasoline; new construction of structures
50,000 square feet and over (even when divided by a district boundary line), which
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374
review shall be the first step in the process before the review by any of the other land
development boards; neighborhood impact establishment; and storage and/or parking
of commercial vehicles on a site other than the site at which the associated commerce,
trade or business is located. See section 142~ 11 03.
SECTION 5. Chapter 142, "Zoning Districts and Regulations", Article II "District
Regulations," Division 5 "CD-2 Commercial, Medium Intensity District," Section 142-303
"Conditional Uses" of the City Code is hereby amended as follows:
Sec. 142-303.-Conditional uses.
The conditional uses in the CD-2 commercial, medium intensity district are adult
congregate living facilities; funeral home; nursing homes; religious institution;
pawnshops; secondhand dealers of precious metals; video game arcades; public and
private institutions; schools; any use selling gasoline; new construction of structures
50,000 square feet and over (even when divided by a district boundary line), which
review shall be the first step in the process before the review by any of the other land
development boards; outdoor entertainment establishment; neighborhood impact
establishment; open air entertainment establishment; and storage and/or parking of
commercial vehicles on a site other than the site at which the associated commerce.
trade or business is located. See section 142-1103.
SECTION 6. Chapter 142, "Zoning Districts and Regulations", Article II "District
Regulations," Division 6, "CD-3 Commercial, High Intensity District," Section 142-335
"Prohibited Uses" of the City Code is hereby amended as follows:
Sec. 142-335. -Prohibited uses.
The prohibited uses in the CD-3 commercial, high intensity district are pawnshops;
secondhand dealers of precious metals; and accessory outdoor bar counter, except as
provided in this division.
SECTION 7. Chapter 142, "Zoning Districts and Regulations", Article ll "District
Regulations," Division 18 "PS Performance Standard District," Section 142-693(C)
"Permitted Uses," of the City Code is hereby amended as follows:
Sec. 142-693. -Permitted uses.
* * *
(c) For purposes of this section, pawnshops, secondhand dealers of precious metals
and dance halls and entertainment establishments are not permitted as a main
permitted or accessory use south of Fifth Street; however, in the C-PS3 and C-
PS4 districts dance halls and entertainment establishments shall be permitted as
an accessory use within a hotel of 250 rooms or more with access to the dance
hall or entertainment establishment only from the interior lobby and not from the
street.
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SECTION 8. 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 Code of the City of Miami Beach, Florida. 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 9. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 10. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 11. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this __ day of _______ , 2011.
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Verified by:--------·
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
1/4/2013
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MAYOR
tl'i ) 1.)
TDa(e
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