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OFFICE OF THE CITY ATTOR.NEY
R,AUI AGUILA, CITY ATTORNEY
TO:HONORABLE MAYOR PHILIP LEVINE
MEMBERS OF THE CIry COMMISSION
JIMMY L. MORALES, CITY MANAGER
COMMISSION MEMORANDUM
SECOND READING
PUBLIC HEARING
FROM:
DATE: MARCH 11,2015
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 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 PERFORMERS IN
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.
The City Managerand City Commission passed Ordinance No.2015-3917, to prevent
the possibility of human trafficking in those nude dance establishments operating within
the City of Miami Beach. The State of Florida has experienced elevated incidents of
human trafficking, which includes the exploitation of victims that are trafficked for sex or
sexual performances, in adult entertainment businesses and establishments.
Commissioner Tobin has proposed an Ordinance amendment to better protect those
that might become victims to trafficking for sex or sexual performances in adult
entertainment businesses and establishments. This Amendment is vital to the
protection of the public health, safety and welfare of the citizens and visitors of the City
of Miami Beach. The Amendment will establish compensation requirements, and
protect workers and performers in nude dance establishments, and prohibit third
persons or parties from receiving monetary compensation for those workers or
performers at these nude dance establishments.
The Amendment to the Ordinance was presented to the Mayor and City Commission at
their regularly scheduled meeting on February 11, 2015, and was passed after First
Reading without any further modifications.
RAUL J. AGUILA, CITY ArrONrtSI&DU.\ -
RJA/AB/sc Aqenda rtem R SA
Date _-3-ttt5-387
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
18 OF THE CIry 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 IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION l. 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.
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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 monetarv or non-monetarv compensation to anv worker or performer at a
nude dance establishment. and shall maintain documentarv proof acknowledqinq 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 acknowledoe 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
oerformers and workers, and the Citv shall have a rioht to request and insoect
the records for anv and allworkers 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:
fl) First offense within a 12 month period must be a fine of $5,000.00:(!) Second offense within a 3 vear period must be a fine of $10.000.00:
(!) 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 aoencies or requlatorv bodies from anv action to assure compliance
with this section. and all applicable laws. lf an enforcins 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 pavino 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
riqht to a hearinq.
(s) Riohts of violators: pavment of fine: rioht to apoear. failure to pav civil fine or to
appeal.
flf 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 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.
(!) The procedures for appeal bv administrative hearinq of the Notice of Violation
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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
rioht 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 imoosinq 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 iudoment 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
othenruise execute upon the lien.
(!) Anv partv aqqrieved 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 hearinq. 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 18-915.
(g) 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:
flf Enhanced Penalties for this Section:
(a) lf the offense is a second offense within the precedinq 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 operatino the
nude dance establishment for a three (3) month period of time.
(D) lf the offense is a third offense, in addition to anv fine 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 offenders
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
390
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. EFFEGTIVE DATE.
This Ordinance shall take effect on the _ day of _,2015.
PASSED AND ADOPTED this
ATTEST:
day of 2015.
Mayor Philip Levine
Rafael E. Granado, City Clerk
Underscore denotes new language
@ denotes stricken language
(Sponsored by Commissioner Ed Tobin)
APPROVED ASTO
FORM & IANGUAGE
391
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1A!.23e-ro.
An Ordinance Arnending Chapter 18 OiThe Clty Code, Entiiled "Businesses,'By Amending Article
XVI Titled T'(ude Danc6 Establishrnents,' By Creating Section 1&914 Thereof To Be Entitled
'Compensaiioil Standards ForlltrtrkersAEd Peformers," yJhlch Frovids Requirernents Regarding
The Method Of Comps'eation For Thme Workers And Performers ln Nude Dance Establishments;
And Am€nding S€ction 18-915 EntHed "Enforcemefi; Penatties," ByS€fiing Forth Fenalties For
A Violation Ci Section 18-914; Provididg For Flepealer; Severabiliiy: Codification; And An Efleriive
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City of MiamiBeach
392