20150211 SM3r --. -e. @
-.-,-.
l9l5.2ol5
MIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 3
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
February 1'1,2015
Mayor Philip Levine
Vice-Mayor Joy Malakoff
Commissioner Michael Grieco
Com missioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Com missioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Ghapter 2, Article Vll, Division 3 of the City Gode of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Gopies of the City Gode sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
c7K
G7 - Resolutions
A Resolution Approving The lssuance Of New Towing Permits To Beach Towing Services, lnc.
And Tremont Towing, lnc., With Said Permits Having A Three (3) YearTerm, Commencing On
March 1,2015, And Expiring On February 28,2018.
(Requested by Commissioner Jonah Wolfson)
(Form-Approved Resol ution)
1
Supplemental Agenda, February 11, 2015
R5 - Ordinances
RsJ An Ordinance Amending Chapter 18 Of The City Code, Entitled "Businesses," By Amending Article
XVI Titled "Nude Dance Establishments," By Creating Section 18-914 Thereof To Be Entitled
"Compensation Standards ForWorkersAnd Performers,"Which Provides Requirements Regarding
The Method Of Compensation For Those Workers And Performers ln Nude Dance Establishments;
And Amending Section 18-915 Entitled "Enforcement; Penalties," By Setting Forth Penalties ForA
Violation Of Section 18-914; Providing For Repealer; Severability; Codification; And An Effective Date.
First Readinq
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Office of the City Attorney)
(Ordinance)
R7 - Resolutions
R7C A Resolution Accepting The Recommendation Of The Mayor's Blue Ribbon PanelOn Flooding And
Sea Rise, And Approving A Desired Minimum Elevation For The Crown Of Roads ln The City To Be
One Foot (1') Higher Than The Tailwater Design Criteria, For Proper Drainage Within The City And
Protection From Tidal Flooding.
(Public Works)
(Typical Design Sections - Attachment)
2
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, APPROVING THE ISSUANCE OF NEW TOWING
PERMITS TO BEACH TOWING SERVICES, INC. AND TREMONT TOWING,
tNG., WITH SAID PERMITS HAVTNG A THREE (3) YEAR TERM,
COMMENCING ON MARCH 1, 2015, AND EXPIRING ON FEBRUARY 28,
2018.
WHEREAS, Chapter 106, Article V, Division 2 of the Miami Beach City Code, provides
for the issuance by the City Commission of towing permits for the towing of vehicles identified
by the City as requiring removal from the public way (the Police and Parking Towing Permits,
the "Towing Permits"); and
WHEREAS, on January 11,2006, the Mayor and City Commission approved Resolution
No.2006-26100, issuing Towing Permitsto Beach Towing Services, lnc., and TremontTowing,
lnc. (collectively, the "Permittees") commencing on March 1, 2006, and expiring on February 28,
2009; and
WHEREAS, on January 28,2009, the Mayor and City Commission approved Resolution
No. 2009-26999, extending the Towing Permits issued to Permitees commencing on March 1,
2009, and expiring no later than August 31, 2009; and
WHEREAS, on July 22,2009, the Mayor and City Commission approved Resolution No.
2009-27151, extending the Towing Permits issued to Permitees commencing on September 1,
2009, and expiring on the earlier of August 31,2011, or the date that Tremont Towing, lnc., was
required to vacate its then current premises for commencement of construction of the Sunset
Harbor Garage Project; and
WHEREAS, on July 13,2011, the Mayor and City Commission approved Resolution No.
2011-27689, extending the Towing Permits issued to Permittees, commencing on September 1,
2011, and expiring on December 31 ,2011; and
WHEREAS, the term of the Towing Permits issued to Permittees expired on December
31,2011, and were extended on a month to month term through November 30, 2012; and
WHEREAS, on November 14, 2012, the Mayor and City Commission approved
Resolution No. 2012-28069, issuing new Towing Permits to Permittees commencing on
December 1,2012, and expiring on November 30, 2015; and
WHEREAS, the Permittees are the only two service providers which satisfy all the
requirements in the Miami Beach City Code and Administrative Rules and Regulations for
Police and Parking Towing Permits, including the requirement to provide vehicle storage
facilities within the City limits; and
WHEREAS, the removal of improperly parked and disabled vehicles from the public way
are a necessary tool for the Police Department and Parking Department to properly manage
traffic and parking throughout the City; and
WHEREAS, the level of service provided by Permittees is satisfactory; and
Agenda ltem J7 K
Date 2l/-lS_3
WHEREAS, effective March 1,2015, the Towing Permits issued to Permittees pursuant
to Resolution No. 2012-28069 shall be superseded by the Towing Permits issued pursuant to
this Resolution.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the issuance of new Police and Parking Towing Permits to each of
Beach Towing Services, lnc., and Tremont Towing, lnc., with said permits having a three (3)
year term, commencing on March 1,2015 and expiring on February 28,2018; and further
providing that effective March 1, 2015, the Police and Parking Towing Permits issued to each of
Beach Towing Services, lnc., and Tremont Towing, lnc., pursuant to Resolution No. 2012-28069
are hereby superseded by the Police and Parking Towing Permits issued pursuant to this
Resolution.
PASSED AND ADOPTED this day of 2015
MAYOR
ATTEST:
CITY CLERK
APPRC"F-' AS TO
fOnU a '.irGUAGE
-
Doie
4
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CIry OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
18 OF THE CITY CODE, ENTITLED "BUSINESSES," BY
AMENDING ARTICLE XVI TITLED "NUDE DANCE
ESTABLISHMENTS," BY CREATING SECTION 18-914
THEREOF TO BE ENTITLED "COMPENSATION STANDARDS
FOR WORKERS AND PERFORMERS," WHICH PROVIDES
REQUIREMENTS REGARDING THE METHOD OF
COMPENSATION FOR THOSE WORKERS AND PERFORMERSIN NUDE DANCE ESTABLISHMENTS; AND AMENDING
SECTION 18-915 ENTITLED "ENFORCEMENT; PENALTIES,"
BY SETTING FORTH PENALTIES FOR A VIOLATION OF
SECTION 18-914; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, human trafficking is a growing problem in the State of Florida, and has risen
to the second most common criminal activity behind the illegal drug trade; and
WHEREAS, the Mayor and City Commission passed Ordinance No. 2015-3917, which
sought to address the exploitation of victims that are trafficked for sex or sexual performers in
adult entertainment businesses and establishments; and
WHEREAS, the City has recognized the existence of financial compensation of those
criminals whom are engaged in human trafficking, and has a legitimate governmental interest in
ensuring that workers and performers are directly compensated by the nude dance
establishment; and
WHEREAS, the City acknowledges that workers and performers in nude dance
establishments must be compensated directly, and the enactment of this amendment will
prohibit third parties from receiving the compensation of the workers or performers.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY GOMMISSION
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 XVl. Nude Dance Establishments.
Sec. 18-914. ffiies,Compensation Standards for Workers and
Performers.
Asenda ltem l?f,I-
oate 2-ll-l(5
A nude dance establishments, as defined in Section 142-127 of the Citv Code, and as such
Section mav be amended from time to time, must:
1. Provide direct monetary or non-monetarv compensation to anv worker or performer at a
nude dance establishment, and shall maintain documentary proof acknowledqino that
the monetarv or non-monetary compensation was directlv received bv the worker or
performer. The documentation must identifv the performer or worker receivinq the
compensation. and will acknowledge that no other individual, person or entitv was
entitled to, or received the compensation on behalf of the worker or performer. The
nude dance establishment shall not compensate anv worker or performer throuqh a
third-partv intermediarv or business entitv.
(a) A nude dance establishment shall maintain these compensation records for
performers and workers. and the Citv shall have a rioht to request and inspect
the records for anv and all workers or performers at a nude dance establishment.
2. A worker or performer who works or performs at a nude dance establishment for a
period of less than four (4) davs within a calendar vear shall be exempt from this
Section.
Sec. 18-915. Enforcement: penalties.
(a) Civil fine for violators. The followino civil fines must be imposed for a violation of
Sections 18-913 and 18-914:
flf First offense within a 12 month oeriod must be a fine of $5.000.00:
(Q Second offense within a 3 vear period must be a fine of $10,000.00;
(Q Third offense and subsequent offenses within a 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 requlatorv 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 pavins the fine, notice that
the Violation mav be appealed bv requestinq an administrative hearinq 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
rioht to a hearinq.
(s) Riqhts of violators: pavment of fine. riqht to appear, failure to pav civil fine or to
appeal.
flf A violator who has been served with a Notice of Violatlon must elect to either:
a. Pav the civil fine in the manner indicated on the Notice of Violation: or
b. 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
6
shall be as set forth in sections 30-72 and 30-73.
(!) lf the named violator, after issuance of the Notice of Violation, fails to pav the
civil fine. or fails to timelv request an administrative hearino 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
rioht to an administrative hearinq before the soecial 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 imposins 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, whlch mav be enforced in the same manner
as a court iudqment 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
recordino of anv such lien that remains unpaid. the Citv mav foreclose or
othenruise execute upon the lien.
(!) Anv partv aoorieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
(Q) 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 hearins. if the violator has failed to request the administrative
hearino 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 18-915.
(s) Enhanced penalties. The followinq enhanced penalties must be imposed, in addition
to anv mandatorv fines set forth in Sections 18-915 above, for violations of Sections
18-913 or 18-914:(f Enhanced Penalties for this Section:
(a) lf the offense is a second offense within the precedino 3 vear period of
time. in addition to the fine set forth in Subsection 18-915(a). the propertv
owner. companv or business entitv must be prohibited from operatinq the
nude dance establlshment for a three (3) month period of time.
(b) lf the offense is a third offense. in addition to anv flne set forth in
Subsection 18-915(a), the propertv owner, companv or business entitv
must be deemed a habitual offender, and the Citv Manaqer mav 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 not to exceed one vear.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
7
repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. GODIFICATION.
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-,2015.
PASSED AND ADOPTED this _ day of
ATTEST:
Rafael E. Granado, Gity Clerk
Underscore denotes new language
@ denotes stricken language
(Sponsored by Commissioner Ed Tobin)
2015.
Mayor Philip Levine
APPROVED AS TO
FOHM & IXNGUAGE
\t
8
uloZ
:fo
o
F-t-oltl?!0:)a
j
:)F
TL
LIJ
OZoO
IJo
Eo
xIJ
tJ_)-
=7 z-il<>(]<8,
-Oa)
LLI L
B6
O ,-I
LO .---
(o
YJ
=LtJoa
zvV
Z
J
J
LJ
vF
=\--x.
=u
F
Ug
vt
!\
H
N
fitaht:r
ss
E
N
&*
W ,*ir
-d (-:t I%
"--,.":xM:#qffi cI;H
q t:fl:;od ;L.r,i I*{ 'r.j5
IdaCB BzE
oij a 9EB. SEF*E i ?ii;
e E 5e*s 6
Eg 3:gi E
Efr Pd;6 g
Eg lJEE E
,!t i6Em g
-ttrt,
6,p.$lalHxl No$rztHonudH\u6lsao\tu - zoc\s8ulrcJo\rr* wc q1g 6nf,-/oz0ct!oa\:d
Agenda ttem R-7C
Date 211-l{9
6ip'Sl8tHxf NO[!r2tNO].t!vH\u6lEoG\rU - ZOAsiuroro\s.ft pu6 qrg €f{C-lO ZOat rOZ\:d
10
UJ(,Z
I
O
oFFO
IU-,c0f
U)
j
,F(L
tU
OZo
C)q?
--J Nz' P'-1L!->0_4.
F)-A7
[-L-] a
=Yt-O'-zil3
JJ
=()
ZZ
Ft!
E.
l-LJo
V.()
X
t
\lJ
=l-do
Z
J
J
u.t
v.F
(9Z
OJr
m
FUtiJ O
n
(D
E\
N
NxH
eS:\a\
N
Es
s
as
E&; *
&# *ird :Yri
ffii ,H.i
ffi r#:l
-
'iV(_ C\\ - :-li e&, |h:i'2< hj5
q
u
.sOEcu 3
-Otr
oo i IE?. f'EFoE R 9H;v< a \ v
^o8 =Ef fr;Ll-o 6E-9 ll?I Z ..;6 9:i ry
Eg 3:EE g
ES edsE si;9 ui.,3E E
sg EdiE s
TItrg
6rp'sl.t€rHxf Nct$rztNor{U*t\u6t..o\t8 - zot\s8ulaoJo\FeM pdo ,.tlg gnJ-{o70cft0;\:d
11
6sp'SIBtHx3 NOtlyZtNOnUvH\u6lsrO\tU - Zoils6uForo\Fe[ FUo r.ig SI{3*ZOZ09(10tr\rd
12
UJ(,z
=O
oF.
Fotua(n
:)a
j
3
1-L
LlJoZoo
2o
=F<LJFuJax.L-ltnt
rIia
l---
-OZ.Q<(JN4
-o_a
hJ3
a
o-llJFa
^Lrl t*3aa
LJZ6l
m
aLI-OF-
:rJ
=r-doa
x
Lrl
=I\-f-EI
IFfoZE3F
=t!.1
e.
trJz
J
Jtd
frF
z
)<x.
J
=to
=
v_
()z(fJ)
m LdF-
Z.u.
LdFJ
FU.hlO
a
o
F\
a
N
l.I
ta\
t,Y
N
s
v\;
EW
# *itd l5:i
ME :Hiffi irsit
-
r;\'\Oq l}.ii ad'ii:i,r{ iarq<..r
frq
odsH3
-'9 .6
oo a
=
$B e u[1U' U * Y.rO FN{C -43 AE:E frli s*EE 3
PE ;; 4,, A
=s
ed;5 n;g ui jgE E
SE EsEE q
Igg
6rFsrr8ruf NotlvztNoytBttt\u&Fo\tU - zol\65u$uo\Eii puo qlg eI{3'IO'eO$lOZ\:d
13
6"pStBtHx3 NotlyzrN0rlryF\u6:rao\rr - z0c\sau:aoro\lE.r{ puo c}9 et{f-{ozofttoa\:d
14
UJ
CIz
r
O
oF
ho
uJ.?
cu3
cn
j
:l
F.IL
l'U
Ozooax.,lili'i =\Juz.?><-{0i-, )al^auYlz=3-=/
hddco()u
-Z-Z;I
oZ
=x.ao(f
aa
L.J
Z,a:)
m
U)
LdIOF
:<J
=trloa
Ld
Cf
t(,
x
LlJ
a
o*
LLIFa
LdJ
=a
a
LilF
FIJ()
LrJ
z
E
LdZ
)
J
LJ
tF
z.
ltu
=u
=u
()Z.J
=6
x
Lil
(,Z(f
J5
m
xul
F
Ud
a
(f
E\
H
la
ENN
N
s
G
N
m-,# *rnffi:VSui i.T iffi jui';
-
rV\ 4,r< lti,ad ,LLi I
"( rjJ
x
uo.sodgBg
cr Eoo n 9pa. 8EFoBR e;-!z u i::96O FF{E -^-.r=6u:uotc iEEE Ec-< ;5YZ A
>Z F49tr-Efr Ed;fi N
EE ss'sE E
36 $gEB 3tsE
r5
6"p-St,atHx3 fioufzlNoHuvH\!6Fro\tu - Zoq\s6uporo\lsar{ puo '{ls gB}(O'aOCCr0?\:d
15
E\
si
N:<tll
tsSr!,\
N
=U
a
!*:q
&*
&# *il
-d i(-,.8% .:-*r t--; ,LY AI-S-f ,:-q 0W .LLI:Jffi r-r'tx .,v: oq< :*T: od rlai !{ riJ
/.
fro.;odsts3
-^ 4
otj d S3P. FEF06 R 9H;9Z U x y6tO FFd& a
43 aE:E frli E*H23
PE IE3,,E
=r ed;3 ahE ui ;38 6
8E EdEg s:Ht,
6,p'StEHxS 1.1gs1y71s69'1gy11\u61so0\au - zoe\s6ut^oJo\leom puo q19 8t{)"{0Z09el0z\:d
16