R5M-Identification Requirements For Workers In Nude Dance Establishments -Tobin&!?
OFFICE OF THE CITY ATTORNEY
RAUI AGUIIA, CITY ATTORNEY
TO:
FROM:
DATE: DECEMBER 17, 2014
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE
CITY CODE, ENTITLED "BUSINESSES," BY CREATING ARTICLE XVI
THEREOF, TO BE ENTITLED "NUDE DANCE ESTABLISHMENTS," TO
PROVIDE REGULATIONS REGARDING IDENTIFICATION
REQUIREMENTS FOR ALL WORKERS AND PERFORMERS IN SUCH
ESTABLISHMENTS; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
The Neighborhood/Community Affairs Committee held a discussion at their November
21, 2014 meeting to discuss an ordinance to address human trafficking that was being
sponsored by Commissioner Tobin. The State of Florida has been plagued by incidents
of human trafficking, which includes the exploitation of victims that are trafficked for sex
or sexual performances, in adult entertainment businesses and establishments.
The Neighborhoods/Community Affairs Committee has recommended that
Commissioner Tobin's Ordinance is vital to the protection of the public health, safety
and welfare, and should be presented to the Mayor and City Commission meeting on
December 17, 2014. The Ordinance will serve to regulate workers and performers in
nude dance establishments, and prohibit the prolific human trafficking problems
occurring in the State of Florida and the City of Miami Beach.
RA/AB/sc
HONORABLE MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
COMMISSION MEMORANDUM
FIRST READING
PUBLIC HEARING
RAUL AGUILA, ctry ArroRNEJq{Cf.L
Agenda ttem flSM
Dare lL11-lV507
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE
CITY CODE, ENTITLED "BUSINESSES," BY CREATING ARTICLE XVI
THEREOF, TO BE ENTITLED "NUDE DANCE ESTABLISHMENTS,"TO PROVIDE REGULATIONS REGARDING IDENT!FICATION
REQUIREMENTS FOR ALL WORKERS AND PERFORMERS IN SUCH
ESTABLISHMENTS; PROVIDING FOR REPEALER; SEVERABILIW;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, human trafficking involves the commercial exchange and exploitation of
humans including forced prostitution and pornography, involuntary labor, servitude and debt
bondage; and
WHEREAS, human trafficking is a growing problem in the State of Florida, which has
risen to the second most common criminal activity behind the illegal drug trade; and
WHEREAS, Florida has been identified as a hub for human trafficking in the country,
and the City has recognized a legitimate governmental interest in protecting victims who have
been trafficked for sex or sexual performances; and
WHEREAS, the City deems underage workers and performers in nude dance
establishments to be not only illegal, but a threat to the public health, safety, and welfare.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 18 of the Code of the City Miami Beach is hereby amended to
create Article XVI thereof, to be entitled "Nude Dance Establishments," as follows:
CHAPTER 18
BUS!NESSES
***
Article XV!. Nude Dance Establishments.
Sec. 18-913. Proof of ldentification for Workers and Performers. and Shift Loqs
Required.
All nude dance establishments, as defined in Section 142-1271 of the Citv Code, and as such
Section mav be amended from time to time. must:
1. Require anv worker or performer enterino the premises will provide proof of an
oriqinal, lavvfullv issued state or federal photo identification. and one additional
form of identification that confirms he or she is:
(a) 18 vears of aqe or older, or have othenvise reached the aqe of
maioritv: and
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(b) ls either a U.S. Citizen. leoal resident, or othenruise leqallv permitted
to be emploved within the United States of America.
2. Confirm that the person is working or performinq of his or her own accord. and is
not beino forced or intimidated into workino or performing at the establishment.
The confirmation as set forth within this subsection shall be pursuant to, and in
compliance with Subsection 4: and
3. Maintain copies of those documents required in subsection 't and 2 herein, and
those documents must at all times be on the premises of the establishment for
the duration the worker or performer is emploved. hired or contracted at, or is
permitted to work or perform at the nude dance establishment: and
4. Verifv the accuracv of those documents required in subsection 1 and 2. and
obtain a sworn statement bv the individual performer that she or he is at least 18
vears of aqe, is performinq of her or his own accord. and is not beino forced or
intimidated into performino or workinq: and
5. Maintain a check in/check out procedure and loq wherebv the documents
referenced in subsection 1 are presented bv the worker or performer upon
enterinq the premises, and the worker or performer loqs in upon enterinq and
loqs out prior to exitinq the nude dance establishment. The loq shall indicate:
(a) the name(s) of the manaoer(s) of the establishment on dutv at the
time of the loq in and loo out:
(b) the worker or performer's actual name: a unique identifier. if anv (e.0.,
emplovee number or staqe name): the iob title or role at the
establishment (e.q., performer. emplovee. server. bartender): the loo
in and loo out times: and
(c) a check box to confirm that the identifications referenced in
subsection '1 were inspected and verified.
The documents referenced in subsections (1) throuqh (5) must be available for inspection bv the
Citv upon demand, and the nude dance establishment shall not refuse access to these
documents for inspection bv the City. No person shall be allowed to enter the nude dance
establishment or perform who has not been presentlv verified consistent with those provisions
identified within Section 18-913(1) throuoh (5).
Sec. 18-914. Enforcement: penalties.
(a) Civil fine for violators. The followino civil fines must be imposed for a violation of
Section 18-913:
(1) First offense within a 12 month period must be a fine of $5,000.00:
(2) Second offense within a 12 month period must be a fine of $10,000.00:
(3) Third offense and subsequent offenses within a 12 month period must be a
fine of $20.000.00.
(b) Enforcement. The Code Compliance Division or the Miami Beach Police Department
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shall enforce the provisions of this section. This shall not preclude other law
enforcement aqencies or requlatory bodies from anv action to assure compliance
with this section. and all applicable laws. lf an enforcinq officer finds a violation of this
section, the officer mav issue a Notice of Violation to the violator. The Notice of
Violation must inform the violator of the nature of the violation, amount of fine for
which the violator is liable. instructions and due date for pavinq the fine. notice that
the Violation mav be appealed bv requestinq an administrative hearino within ten
davs after service of the Notice of Violation. and that failure to appeal the violation
within the ten davs, shall constitute an admission of the violation and a waiver of the
riqht to a hearino.
G) Riohts of violators: pavment of fine: rioht to appear: failure to pav civil fine or to
appeal.
(]l A violator who has been served with a Notice of Violation must elect to either:a. Pav the civil fine in the manner indicated on the Notice of Violation: orb. Request an administrative hearinq before a special master to appeal
the Notice of Violation, which must be requested within 10 davs of the
issuance of the notice of violation.
(2) The procedures for appeal bv administrative hearinq of the Notice of Violation
shall be as set forth in sections 30-72 and 30-73.
(Q lf the named violator, after issuance of the Notice of Violation, fails to pav the
civil fine, or fails to timelv request an administrative hearing before a special
master. the special master mav be informed of such failure bv report from the
officer. Failure of the named violator to appeal the decision of the officer
within the prescribed time period must constitute a waiver of the violator's
riqht to an administrative hearino before the special master. and must be
treated as an admission of the violation. which fines and penalties to be
assessed accordinolv.
({) A certified copv of an order imposino a fine mav be recorded in the public
records. and thereafter shall constitute a lien upon anv real or personal
propertv owned bv the violator, which mav be enforced in the same manner
as a court iudsment bv the sheriffs of this state. includinq levv aqainst the
violator's real or personal propertv, but shall not be deemed to be a court
iudqment except for enforcement purposes. After two months from the
recordinq of anv such lien that remains unpaid. the Citv mav foreclose or
otherwise execute upon the lien.
(Q Anv partv aoqrieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
(0) The Special Master shall be prohibited from hearinq the merits of the Notice
of Violation or the consideration of the timeliness of a request for an
administrative hearino. if the violator has failed to request the administrative
hearinq within ten (10) davs of the issuance of the Notice of Violation.
(Z) The Special Master shall not have discretion to alter the penalties prescribed
in Section 18-914.
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(O Enhanced penalties. The followino enhanced penalties must be imposed, in addition
to anv mandatorv fines set forth in Sections 18-914 above, for violations of Section
18-913:
(l) Enhanced Penalties for this Section:
(g) lf the offense is a fourth offense within the precedinq 12 month period of
time, in addition to the fine set forth in section 18-914(a). the propertv
owner. companv or business entitv must be prohibited from operatinq for
a three (3) month period of time.
(b) lf the offense is a fifth offense within six (6) months followins the fourth
offense, in addition to anv fine set forth in Section 18-914(a). the propertv
owner, companv or business entitv must be prohibited from operating for
a six (6) month period of time. The propertv owner, companv or business
entitv must be deemed a habitual offender.
(s) The Citv Manaqer mav suspend or revoke the business tax receipt or the
certificate of use issued to such person, companv or business entitv that
have been deemed habitual offenders pursuant to this section for a period
of one vear. or such other period of time acceptable to the citv Manaoer.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SECTION 3. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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
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 5. EFFECTIVE DATE.
Thisordinanceshalltakeeffectonthe-dayof-,2014.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Ed Tobin)
Philip Levine. Mavor
AppnoveD As ro
FORM & ISNGUAGE
& FOR EXECUTION
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Date
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