HomeMy WebLinkAboutO-12403J-03-655
9/3/03
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ORDINANCE NO. �_ 2 4 �� 1
AN ORDINANCE OF THE 'MIAMI CITY COMMISSION
AMENDING CHAPTER 38, 4ARTICLE 1, SECTION 38-8
OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "PARKS AND RECREATION,
IN GENERAL, USE OF MANUEL ARTIME COMMUNITY
CENTER" BY REPEALING SECTION 38.8 IN ITS
ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A
NEW SECTION 38.8 TO CLARIFY THE RATES FOR
THE USE OF THE MANUEL ARTIME THEATER AND
ESTABLISH NEW RATES TO MAXIMIZE THE USE OF
THE FACILITY; FURTHER AMENDING CHAPTER 53,
ARTICLE 1, SECTION 53-1 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"STADIUMS AND CONVENTION CENTER, IN GENERAL,
TICKET SURCHARGE ON PAID ADMISSION TO
EVENTS," TO EXEMPT ASSESSMENT OF A SURCHARGE
PAYMENT ON PAID ADMISSIONS AT THE MANUEL
ARTIME COMMUNITY CENTER; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Conferences and Conventions and
Public Facilities ("Department") recommends the attached
Ordinance be adopted to clarify the existing rates at the Manuel
Artime Community Center ("Center"); and
WHEREAS, the Department further recommends establishing the
suggested changes and additions to the existing ordinance to
maximize the use of the Center; and
12403
WHEREAS, the Department also recommends an exemption for
surcharge payments on paid admissions at the Center;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. Section 38.8 of Chapter 38, Article 1,
entitled "Use of Manuel Artime Community Center" is repealed in
its entirety and a new Section 38.8 is substituted in lieu
thereof as set forth in Section 3 hereinbelow.
Section 3. Chapter 38 of the Code of the City of Miami,
Florida, as amended, is further amended in the following
particulars::/
"CHAPTER 38
PARKS AND RECREATION
ARTICLE I. IN GENERAL
Sec. 38-8. Use of Manuel Artime Community Center.
(a) Rates. Rates for the use of the following areas at the
city facility known as the Manuel Artime Community Center are
hereby established, which rates include normal janitorial
service, air conditioning, normal use of houselights, and such
other items that are available at the facility for use, but do
not include event personnel or support services such as police
�i Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
Page 2 of 9�Y �', 0
1 4n v 0
officers, firefighters, ushering staff, ticket sellers and ticket
takers, stagehands, spotlight operators, sound and lighting
technicians, musicians, projectionists, booth equipment and
installing and dismantling electrical installations, and
insurance. The use rates established are as follows; however,
nothing contained in the provisions of this section shall limit
or restrict the right of the city commission to establish and fix
special charges or special terms and conditions for the use of
the Manuel Artime Community Center of Little Havana:
(1) Manuel Artime Performing Arts Center, Theater,
First Floor
(900 S.W. First Street):
a. Performances:
1. With no ticket sales:
or less...
i. Two (2) hours or less . . .
$350.00
ii. More than two (2) hours,
but less than four (4) hours...
$550.00
i. Each additional hour
over four (4) hours...
$50.00
iii. Daily rental at eight (S)
During a performance date,
hours maximum...
$750.00
2. With ticket sales:
$100.00
i. Profit organizations, four
Rehearsals with no performance...
(4) hours or less...
$650.00
ii. Non-profit organizations,
four (4) hours or less...
$600.00
iii. For profit or non-profit
organizations, two (2)
hours or less...
$400.00
b. Rehearsals:
1.
During a nonperformance date-#
before 5:00 pm, four (4) hours
or less...
$100.00
2.
During a nonperformance date
after 5:00 pm, four (4) hours
or less...
$200.00
3.
During a performance date,
four (4) hours or less...
$100.00
4.
Rehearsals with no performance...
$550.00
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'12� r`
5. Each additional hour over four
(4) hours, for any rehearsal
stated above... $50.00
c. Filming:
1. Daily Rental Rate...
$700.00
Four (4) hours or less
2. Daily Rental Rate ...
$850.00
Eight (8) hours or less
3. Daily Rental Rate...
$1000.00
More than eight (8) hours
d. Setup time and dismantle time
for performances, rehearsals,
and filming:
1. A total combination of eight
(8) hours or less...
No Charge
2. Each additional hour over
eight hours (8) hours...
$50.00
(2) Choir room (third floor):
a. For non -tenants:
1. Two hours minimum...
$15.00
2. Daily rental, eight (8)
hours maximum...
$75.00
b. For tenants of the Manuel
Artime Community Center with
current leases and with
current insurance policies...
No Charge
(3) Mini -plaza:
a. Daily rental of eight
(8) hours or less...
$150.00
b. Daily rental of eight (8)
hours or less in addition
to the rental of Manuel
Artime Performing Arts
Center, Building A, First Floor...
$50.00
C. Each additional hour
over eight (8) hours...
$50.00
Page 4 of 9 (' t
g IV `0
(4) Mini -park:
a. Daily rental between the hours
of 8:00 am and 5:00 pm... $150.00
b. Daily rental in conjunction
with, and in addition to the
rental of Manuel Artime Performing
Arts Center, First Floor... $50.00
(b) Special rates for frequent non-profit users: For
those non-profit organizations sponsoring four or more events in
one fiscal year the rate shall be $400.00 per event so long as
the promoter, producer, sponsor, or organizer of the event is
directly and legally connected to said non-profit organization.
(c) Special rates: In addition to those rates set forth
herein, special rates or fee waivers at the Manuel Artime
Community Center facilities upon user request and recommendation
by the administration may be approved by the city commission.
Except for the theater, use of all areas of this city
facility is gratuitous for tenants of the Manuel Artime Community
Center who have executed current lease agreements, subject to
securing insurance as required in subsection (d) of this section,
if non -tenants are invited upon the premises of the facility or
if the presence of non -tenants is reasonably anticipated.
(d) Insurance. In addition to the rate(s) charged,
insurance coverage, at the sole cost and expense of the user, is
required for all performances, rehearsals, and filming as a prior
condition of use. The insurance requirements shall be satisfied
and approved by the Department of Risk Management prior to the
date of the performance, rehearsal, or filming. Use of the
premises is prohibited unless few failure to ebtai the required
insurance coverage is obtained. All policies written must name
the city as an additional insured.
The city may be able to obtain special -events
insurance for those events that meet certain prerequisites. The
city, at its sole option, may determine that the event qualifies
for said special -events insurance. If so qualified, the user may
comply with the insurance requirement by obtaining said insurance
through the city at the user's expense.
(e) Reservation deposit payment of fee.
(1) Persons or organizations wishing to use the
above -designated areas at the Manuel Artime
Community Center shall be required to make a
payment in the amount of $100.00 per day, as a
nonrefundable cash deposit, seven (7) days from
the date of notification by the city that the
requested date(s) has been reserved. The cash
deposit will be forfeited if the user cancels
the event any time after the payment of the
Page 5 of 9
said cash deposit. User must pay the city the
total use fee no less than ten (10) days prior
to the reserved date(s), as well as provide
insurance certificate(s) as set forth in
subsection (b) of this section and copyright
licenses, if applicable, at this time.
(f) Compliance with applicable requirements. User must
produce satisfactory evidence of the following, where
applicable:
(1) Compliance with all zoning ordinance
requirements.
(2) Compliance with all county and state health
requirements.
(3) Compliance with all applicable state licensing
requirements.
(4) Compliance with federal copyright laws, rules
and regulations.
(5) Compliance with all provisions of this Code.
Section 4. Section 53-1 of Chapter 53, Article I, of
the Code of the City of Miami, Florida, as amended, entitled
"Stadiums and Convention Centers" is amended in the following
particulars:!'
"CHAPTER 53
STADIUMS AND CONVENTION CENTERS
ARTICLE I, IN GENERAL
Sec. 53-1. Ticket surcharge on paid admissions to events.
(a) Applicability.
(1) To certain facilities. A ticket surcharge shall
be imposed against all paid admissions to city
facilities, including, without limitation, the
Orange Bowl Memorial Stadium, the Marine
Stadium, the Coconut Grove Expo Center, the
Miami Convention Center, and the Bayfront Park
Amphitheater. Said surcharge shall additionally
apply where admission is charged for events
conducted in city parks, facilities therein,
and/or community centers. However, no ticket
surcharge shall be imposed upon any event held
Page 6 of 9
12403
at the Manuel Artime Community Center,
regardless of paid admissions. Unless
specifically exempted below, and for the
purposes of this section, "events" shall
include activities, programs, concerts,
festivals, parties, meetings and other
gatherings for whatever social, entertainment,
cultural, sport or other purpose and for which
attendees are expected to pay or make a
donation in order to attend. Said __reharge
shall-additiena1ly —apply where admission—��
eharged €er events eendeted in elty pates,
facilities- therein, ander eenffnunity eenters.
The application of the ticket surcharge shall
commence upon the effective date of this
section, except for those events for which
advance ticket sales have the prior approval of
the city manager, or designee.
(2) Exemptions. The following activities as defined
herein shall be exempted from the application
of the ticket surcharge on paid admissions:
a. Banquets: Official celebratory or
ceremonial dinners with speeches that
honor or memorialize particular person(s)
or occasion(s) and are held by
organizations or groups for their
members, delegates, representatives and
invited guests.
b. Conferences: Participatory meetings
designed for discussion, fact finding,
problem solving, and/or consultation
between members, representatives,
delegates and/or other affected parties
of organizations on related issues.
C. Consumer shows: Exhibitions of related
products and/or services that are open to
the public.
d. Conventions: Formal assemblies or
meetings of members, delegates, and
representatives of an organization or
group, such as a political party,
fraternal society or
business/professional association, that
are convened for a common purpose.
e. Trade shows: Exhibitions of products
and/or services that are not open to the
public but are open only to particular+
Page 7 of 9 ,n
lin ��
members, representatives, businesses
and/or groups involved in a specific
trade.
Additionally, said surcharge shall not
apply to the International Boat Show, the
Orange Blossom Classic conducted by
Florida A&M University, and the Charity
Pig Bowl hosted by the City of Miami
police department, and the annual ()range
Bew! Glassie €eetball gate and related
events ori el -i ---are staged by the Grange
Section 5. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions of this
Ordinance are repealed.
Section 6. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid,
the remaining provision of this Ordinance shall not be affected.
Section 7. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.al
ai This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten days from the date it was passed
and adopted. If the Mayor vetoes this ordinance, it shall become
effective immediately upon override of the veto by the, City
Commission or upon the effective date stated herein, whichever is
later.
Page 8 of 9
��An�
PASSED ON FIRST READING BY TITLE ONLY this 24th day of
J111 Y , 2003.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 11th day of September , 2003.
MIAUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED
VILARELLO
.NEY �C
495:tr:AS:BSS
CTNESS :t/
Page 9 of 9
19 Second Reading Ordinance'
TO: Honorable Mayor and DATE : r 3 rIL=_
Members of the Ci mmission
SUBJECT: Manuel Artime Community
' Center Amendment of City
Code Sec. 53-1
FROM: � REFERENCES:
Joe 'o a
CENCLOSURES:
City an ger
Recommendation
It is respectfully recommended that the Miami City Commission adopt the attached Ordinance
amending Section 51-3 of the City of Miami Code, related to the ticket surcharge on paid
admissions of events held at the Manuel Artime Community Center and the Coconut Grove Expo
Center.
Background
The Department of Conferences, Conventions & Public Facilities recommends the attached
Ordinance be adopted to identify exempted entities from the payment of the ticket surcharge.
Presently, City facilities are required to collect a ticket surcharge on all paid admissions as
follows:
Paid Admission
$ 5.00 - $10.00
$10.01-$15.00
$15.01 and up
Ticket Surcharge
$0.50
$0.75
$1.00
It is recommended that the Manuel Artime Theater be exempt from collecting the ticket
surcharge in order to achieve the goal of providing cultural events and entertainment to the
community at affordable prices.
Additionally, it is recommended that the Annual Orange Bowl Classic football event be removed
from the list of events exempted from the ticket surcharge. This event is no longer held at the
Orange Bowl Stadium. Further, at the first reading of the proposed Ordinance consumer shows
were inadvertently removed from the list of exemptions. The amendment expressly exempts all
Consumer Shows from the payment of ticket surcharge.
Changes to the existing Ordinance are underlined in the attached. Changes from that which was
adopted at first reading are highlighted in bold print.
Ap�w
JA/LH/CPA
12403
r.a
Sec. 53-1. Ticket surcharge on paid admissions to events.
(a) Applicability.
(1) To certain facilities. A ticket surcharge shall be imposed against
all paid admissions to city facilities, including, without
limitation, the Orange Bowl Memorial Stadium, the Marine Stadium,
the Coconut Grove Expo Center, the Miami Convention Center, and
the Bayfront Park Amphitheater. Said surcharge shall additionally
apply where admission is charged for events conducted in city
parks, facilities therein, and/or community centers. However, no
ticket surcharge shall be imposed upon any event held at the
Manuel Artime Community Center, regardless of paid admissions.
Unless specifically exempted below, and for the purposes of this
section, "events" shall include activities, programs, concerts,
festivals, parties, meetings and other gatherings for whatever
social, entertainment, cultural, sport or other purpose and for
which attendees are expected to pay or make a donation in order to
attend. Said sureharge shall -aditienally apply wheee --
n ty een t,. -s. The application of the ticket surcharge
shall commence upon the effective date of this section, except for
those events for which advance ticket sales have the prior
approval of the city manager, or designee.
(2) Exemptions. The following activities as defined herein shall be
exempted from the application of the ticket surcharge on paid
admissions:
a. Banquets: Official celebratory or ceremonial dinners
with speeches that honor or memorialize particular
person(s) or occasion(s) and are held by organizations
or groups for their members, delegates, representatives
and invited guests.
b. Conferences: Participatory meetings designed for
discussion, fact finding, problem solving, and/or
consultation between members, representatives,
delegates and/or other affected parties of
organizations on related issues.
C. Consumer shows: Exhibitions of related products and/or
services that are open to the public.
d. Conventions: Formal assemblies or meetings of members,
delegates, and representatives of an organization or
group, such as a political party, fraternal society or
business/professional association, that are convened
for a common purpose.
e. Trade shows: Exhibitions of products and/or services
that are not open to the public but are open only to
particular members, representatives, businesses and/or
groups involved in a specific trade.
12403
Additionally, said surcharge shall not apply to the
International Boat Show, the Orange Blossom Classic
conducted by Florida A&M University, and the Charity Pig
Bowl hosted by the City of Miami police department—
related events whieh ave staged by the Grange Bowl
Gennittee.
(b) Rate of surcharge. Notwithstanding contractual agreements to the
contrary, the rate of the ticket surcharge shall be dependent upon the price of
admission charged to attendees of a given event, as established by the sponsor
or promoter of said event, as follows:
TABLE INSET:
Price of Admission (or suggested donation) Ticket Surcharge
$ 1.00 to $ 5.00 ..................................$0.50
$ 5.01 to $15.00 . . ............................. 0.75
$15.01 and over . .............................. . 1.00
The ticket surcharge shall apply in addition to the actual admission price and
shall be exclusive of any applicable taxes and/or service charges. Each charge
shall be itemized and shown separately on each ticket.
(c) Collection, accounts and payment. The sponsor or promoter of each event
shall be responsible for the collection of the ticket surcharge, which shall be
recorded and listed as a separate item in the statement of accounts for said
event. Such records and accounts shall be maintained and available in accordance
with all applicable city requirements and Code provisions. Payment of the ticket
surcharge to the proper city authorities shall be made as soon as reasonably
possible after the conclusion of the event along with any and all other sums
which may be due the city, and in no case shall be permitted to remain unpaid
longer than three working days after the event and in all cases shall be paid
prior to the holding of another subsequent event by the same sponsor. Receipts
from said surcharge shall be retained by or used as subsidy for the facility or
park from which they are generated to augment its operating or capital budget.
124 0
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
PO #11086
CITY OF MIAMI - NOTICE OF PROPOSED
ORDINANCES - SEPT. 11, 2003
in the XXXX Court,
was published in said newspaper in the issues of
08/29/2003
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, re te, com n or refund for the purpose
of securingth' adve ' ment f publication in the said
newspaper
Sworn to and subscrbeti,t5efore me this
29 f,dayb( AUG)dS " , A.D.
(SEAL) O F 1
JA^,ETI' LLERENA
O.V. FERBEYRE person &AVI kMEIC STATE OF FLORIDA
FCOM;�ti=,ION NO. CC 912958
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LU*M A NEW SQL- iMVI FU AKIPM:
M OF FLORIDA
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FOR THE OPERATION OF SAME; K THE AMOUNT OF
$161A M, CONSISTING OF A GRANT. W THE AMOUNT OF
5121,162, FROM THIESTATE OF FLORIDA DEPARTMENT OF
HEALTH. WITH MATCHING FUNDS. IN THE AMOUNT 4F.
$40.467, ALLOCATED FROM THE CITY OF MIAMI OPERAT-
ING BUDGET, ACOOUNfT CODE NO. 001000.92109Q8.270;
AUTHORIZING IW CFfY MANAGER TO ACCEPT THE
• GRANT AND TE1:E THE I��Ti�1lAS[iiS.
IN A.FORM-ACOEPTASLE TO THE O" R , FOR
SAID PURPOSE; CONTAINING A REPISMAilt PROVISION, A
SEVERASWTY CLAUSE AND PROVOW FAR AN EFFEC-
TMEDATE.
36.801MISIXIMETY AND all011IT" w w®iw 1 m rnenr
OFA PEW MdMNSIbB TO CIAMFYTHE RATES FOR THE
USE OF THE.MAMIEI A RTBrE THEATER AND ESTAM.ISH
NEW RATES To-.Wj 1M7E THE USE OF THE FACILfTY:
FURTHER 'S. ARTICLE 1• SECTION
a OF TtE OF THE CTfY OF AAM, FLONI k AS
Ate_ *13TADRMS AND OONYMIiION CEN-
lika -- 11CI ET ON PAID ADMMB-
KION TOS tO ENaIT OF A SUR-
CHMIROE PA111r1iT ON PNO Ai4' TIS+IIWSIEL
ARTIME AAIPWAFR
PROMMON. A WV81ARLM CLAUSE, AM PROVIDING
FORAIEFFECTIVE DiATE.
ACE NO.
AN ORDINANCE OF YK MW
- C
SECIM2-M--N�ODFITY
dL-
f•HAPTm 1a ARTICLE I. ENTITLED
'SUILDINGS - IN GENERAL* AND ANG AND. CREAT-
ING A NEW CHAPTER 38. EDIT TLm N01 w OF THE MIAMI
CIN CODE BY ESTABLISHING FINES FOR VIOLATION OF
NOISE AND NOISE RELATED ACTIVITIES. AGOING NEW
SECTIONS 104 AND 104. ENTRLFD 'BUILOING COW
STRUCTION, DREDGING AND LAID FILLING; PERMIT RE
QUP%ED AND WHEN PROHIBITED" AND WILDING COW
STRUCTION, CERTIFICATE OF COMPLIANCE; WHEN RE-
QUOW TO PROVIDE FORAND CLARIFY DAYS:AND TIMES
CONSTRUCTION, DREDGING AND LAND FILLING ACTMTY
IS PERMITTED. PERMIT REQUIRED AND ENFORCEMENT
AUTHORITY AND CREATING A NEW CHAPTER 38 TO PRO-
VIDE FORAIO CLARIFY NOISE PROHIBITIONS AND LIMITA-
TIONS: PROVIDING FOR INCLUSION IN THE CITY CODE,
SEVERABILITY, AND AN EFFECTIVE DATE -
Said p opoad ad norms may be kapscisd by Ifat Ful M Urs
OIAos of #0 City Clerk, 3500 -Pap AmsMan Ddn, Mkanl.. Fk&
do. Mminy ftoo Fdday,,wmIuft + Ore
hours offla.m_and 5 p m.
All kfttnW pprsom MW appear at #0 n w*g and. may be fmard
wMh n IF " b ** PVPMW -ordinances. ShwN wW parson dnho b
be W=id Mes r*ssYrlp. ltit-pNson NW mer that 5 varbslim
rstpd d Ms q Pit made MloMrdMp all ane ovkbncs
upon any appall may os b6mt
PRISCILLAA. THOMPSON
CITY CLERK
�I�6ea)
03-44