R5A-ID Requirements For Workers In Nude Dance Establishments -Tobin-b
-OFFICE
MIAMIBEACH
OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTOR.NEY COMMISSION MEMORANDUM
TO:HONORABLE MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CIry MANAGER
SECOND READING
PUBLIC HEARING
ALEKSANDR BOKSNER, FIRST ASSISTANT CITY ATTORNE
JANUARY 14,2015
FROM:
DATE:
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 was presented to the Mayor and City Commission at their regularly
scheduled meeting on December 17, 2014. The Ordinance was passed at First
Reading by the Mayor and City Commission, with the understanding that it would be
further modified to better protect victims that are trafficked for sex or sexual
performances in these adult entertainment businesses and establishments.
This Ordinance will serve to regulate, and protect 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.
AB/sc
Agenda ttem BSA
oate t'l{'/{351
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE
GIry 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.
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 trafflcking 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
BUSINESSES
***
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 pr€mises--r#i+l nude dance
establishment to provide proof of an oriqinal, lawfullv 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 aoe of
maioritv: and
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(b) ls either a U.S. Citizen, leoal resident, or othenruise leoallv permitted
to be emploved within the United States of America.
Confirm that the person is workinq or performino of his or her own accord, and is
not beino forced or intimidated into workino or performinq at the nude dance
establishment. The confirmation as set forth within this subsection shall be
pursuant to, and in compliance with Subsection 4: and
Maintain cooies of those documents required in subsection 1 and 2 herein, and
those documents must at all times be on the premises of the nude dance
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
Verifv the accuracv of those documents required in subsection 1 and 2, and
ebtain bv preparinq and retaininq a sworn statement bv from the owner or
manaoer of the nude dance establishment confirmino that the individual
performer that+he-er-he is at least 18 vears of aqe. is performino of her or his
own accord. and is not beinq forced or intimidated into performino or workino:
and
Maintain a check in/check out procedure and loo wherebv the documents
referenced in subsection 1 are presented bv the worker or performer upon
enterino the prep+ises nude dance establishment, and the worker or performer
loos in upon enterino and loqs out prior to exltinq the nude dance establishment.
The loo shall indicate:
(a) the name(s) of the manaqer(s) of the nude dance establishment on
duty at the time of the loq in and loq out;
(b) the worker or performer's actual name: a unique identifier. if anv (e.q.,
emplovee number or staoe name); the iob title or role at the nude
dance establishment (e.q., performer, emplovee. server. bartender);
the loq in and loo out times: and
(c) Mirm the manaqer who confirmed 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 insoection bv the Citv. No person shall be allowed to enter or perform at the
nude dance establishment-e++e#erm 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 followinq civil fines must be imposed for a violation of
Section 18-913:
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(1) First offense within a 12 month period must be a fine of $5,000.00:
(2) Second offense within a {2--menth 3 vear period must be a fine of
$10,000.00;
(3) Third offense and subsequent offenses within a 1?-++en+h 5 vear period must
be a fine of $20,000.00.
(b) Enforcement. The Code Compliance Division or the Miami Beach Police Department
shall enforce the provisions of this section. This shall not preclude other law
enforcement aqencies or reoulatory 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 hearins 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 hearinq.
(q) Riohts of violators: pavment of fine: rioht to appear; failure to pav civil fine or to
appeal.
(j) 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: or
b. Request an administrative hearing 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.
(!) 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 hearinq 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 accordinqlv.
(!) 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 lew aqainst the
violator's real or personal propertv, but shall not be deemed to be a court
iudoment except for enforcement purposes. After two months from the
recordinq of anv such lien that remains unpaid, the Citv mav foreclose or
otheruvise execute upon the lien.
(Q Anv partv aoorieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
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(Q The Special Master shall be prohibited from hearins 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.
(l) The Special Master shall not have discretion to alter the penalties prescribed
in Section 18-914.
(s) 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:
(]) Enhanced Penalties for this Section:
(g) lf the offense is a fuu4h second offense within the precedinq 4*-menth 3
vear 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 the nude dance establishment for a three (3) month period of
time.
(b) lf the offense is a fifth third offense-+*ithin six (6) ment
fleufrh-effense, in addition to anv fine set forth in Section 18-914(a), the
prepertv ewnerr 6em
he propertv owner,
companv or business entitv must be deemed a habitual offender,, and
@} Tthe Citv Manaqer mav-€usBen+-€r revoke the business tax
receipt or the certificate of use issued to such person, companv or
business entitv that have been deemed habitual otfenders pursuant to
this section for a period-ef not to exceed one vear#
time aeceptable to .
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SEGTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 4. CODIFIGATION.
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. EFFEGTIVE DATE.
Thisordinanceshalltakeeffectonthe-dayof-,2015.
PASSED AND ADOPTED this _ day of
ATTEST:
2015.
Mayor Philip Levine
Rafael E. Granado, City Glerk
Underscore denotes new language
Red Double Undersc denotes new language between first and second reading
@denotesstrickenlanguagebetweenfirstandsecondreading
(Sponsored by Commissioner Ed Tobin)
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