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HomeMy WebLinkAboutO-11086J-93-382 6/7/93 11086 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 12-3 AND 31-35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CONFORM WITH FLORIDA STATUTES 849.15 - 849.23, AND TO REQUIRE A SWORN AFFIDAVIT FROM OWNERS OF AMUSEMENT VENDING MACHINES TO THE EFFECT THAT SUCH MACHINES ARE NOT UNLAWFUL IN ACCORDANCE WITH SAID STATUTES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, Florida Statutes 849.15 - 849.23 prohibit the use of slot machines or gambling devices; and WHEREAS, certain amusement vending machines fall under the prohibition of the Florida Statutes; and WHEREAS, the Police Department has recommended that the City Code be amended to conform with the State Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Sections 12-3 and 31-35 of the Code of the City of Miami, Florida, as amended, are hereby amended in the following particulars:1 1/ Words and/or figures stricken through shall be deleted. Underscored and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 11086 "Sec. 12-3. Machines not to be used for gambling. No ooin-operated machine shall be used for or as a game of chance. Amusement and operated by ingertion of- coin. slug or DaDer ourreno Sec. 31-35. Established. The assessments of occupational licenses taxes are hereby fixed as follows: C Coin -operated machines. Every person selling, leasing, renting, distributing, servicing, operating or placing in operation any machine as described below: (a) Amusement vending machines are machines, contrivances, or devices for amusement or score, set in motion or made to function by insertion of coin, slug or paper currency and whether or not a charge is made for play. The owners or operators of these machines must furnish annually with the license application pictures of the machines and a sworn affidavit stating that they know the provisions of Florida Statutes 849,15 and 849.16 and that the licenses being applied are for machines which are not unlawful as defined in such statutes. (1) Radio, television, and other similar devices. No operator's license required . . . . . . . . $158.00 Each additional machine, up to 9 machines . . . . . . . . . . . 29.25 (2) Radio, television, and other similar devices. Operator's license. 396.00 11086 -2- Permits distribution and placing in operation of an unlimited number of machines. (3) Amusement machine. No operator's license required. First machine . . . . . . . . . 158.00 Each additional machine up to 9 machines . . . . . . . . . . 29.25 (4) Amusement machine. Operator's license . . . . . . . . . . . 396.00 Permits distribution and placing in operation of an unlimited number of machines. Section 2. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. This Ordinance shall become effective 30 days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 22nd day of ju 1 V , 1993. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of September 1993. 61 XAVIER L. AREZ, M YOR CITY CLERK -3- 11086 PREPARED AND APPROVED BY: �,RAFAEL 0. MAY DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: M QJ6'11QN J S , I CITY ATTO Y ROD:csk:91023 11086 -4- CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUK TO Honorable Mayor and Members of the City Commission 0; FROM CeS dlo Cit nag DATE AN 1 61993 FILE SUEJECT City Code Amendment REFERENCES ENCLOSURES It is respectfully recommended that the attached ordinance be adopted amending sections 12-3 and 31-35 of the Code of the City of Miami, Florida, as amended, to conform with Florida Statutes 849.15 - 849.23, and to require a sworn affidavit from owners of amusement vending machines to the effect that such machines are not unlawful in accordance with such statutes; containing a repealer provision and a severability clause. The Police Department has recommended that the City Code be made to conform with the prohibitions of illegal gambling devices as setforth in Florida Statutes 549.15 - 849.23. The attached resolution prepared by the Finance Department amends section 12-3 of the City of Miami Code which prohibits gambling or game of chance machines and imposes a $500 fine to violators. The amendment to section 31-35 of the City Code establishes the requirement of an affidavit to be provided by owners and operators of amusement vending machines, prior to renewing an occupational license, to the effect that such equipment is not illegal as defined in the Florida Statutes. 3- I 11086 (1.1t#g of �i�tz�tt OF n s� MATTY HIRAI City Clerk y'f ('O., F V O�`O October 13, 1993 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11085 11086 11087 If I can be of any further assistance, please do not hesitate to call. Very truly ours, Valerie Greenwood Deputy Clerk Enc. a/s OFFICE OF THE CITY CLERK/3S00 Pan American Drive/P.O. Box 330704/Miami, Florida 332334)70E/(30S) 2SO-S360 (114-tv of �izznti ``N OF'� MATTY HIRAI?3 City Clerk �o Fvo October 13, 1993 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: CESAR H. ObjO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11085 11086 11087 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: DEPUTY CLERK RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/35W Pan American Drive/P.O. Box 33070e/Miami, Florida 33233.070E/(305) 250-5360 lvllitv of �Nianti °1 MATTY HIRAI F '3 City Clerk o loss c Ft, October 13, 1993 Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mr. Tomeo: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11085 11086 11087 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk DEPUTY CLERK RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330709/Miami, Florida 33233.0700/(305) 250-5360 BROWARD PALM BEACH Miami (305) 3773721 T Brov 305 468-2600 305) 945-6577 SOUTN FLORIDA'S NEWSPAPERS Oi ENTERPRISE, REAL ESTATE AND LAW • ' rT-u C F T i e X, 4•T y fit. .. _ LL_ SALES CODE ORDER NUMBER CUSTOMER NO. 7 : I DESCRIPTION i F _ CPT C.F L 1 r I � DAILY BUSINESS REVIE7- _j P.O. BOX 010589 MIAMI, FL 33101-0589 TERMS: NET 'DUE ON RECEIPT OF INVOICE CODE DEPARTMENT DATE INVOICE NC UNIT PRICE AMOUNT SUBTOTAL SALES TAX ORIGINAL -PLEASE PAY FROM THIS INVOICE L � e • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Super- visor, Legal Notices of the Miami Daily Business Review Inds Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11086 In the ..... X ..X . X........................... Court, was published in said newspaper In the Issues of October 20, 1993 Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said 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 sold Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and Mor says that she has neither paid nor promised irm or corporation any d1994nt, rebate, commnd for the purpose of soo'bring this advert) cation In the said K/ffl/ aw/000 W6/ / Sworitto and subscribed before me this .ZQOtlay ,f ... Oc�0 1 ....� "f...... (SEAL) Octelma V. Ferbeyre personally kno 93.. OFFICIAL NOTARY SLAL CH6RYI. H MARMV1 COMMISSION NO. C04"4. MY C(NJIMiTAON EXP. APR. CITY 4T F#FLU All. interested persons will take nolics " M on the 27th day of September, 1f19(I, Me City Commisewn of "Mimi), Ftol da, adopted the following tilled ordinatcea: ONXllr ms no. lion ANORDINANCEAMENDING SECTIONS 12-3 AND 31-M OF THE CODE OF THE CITY OF MIAMI, FLORIDA. AS AMENDED, TO CONFORM WITH FLORIDA STATUTES 849.15 9492% AND TO REQUIRE A SWORN AFFIDAVIT FROM OWNERS OF AMUSEMENT V6i[*4G MACHINES- TO THE EFFECT THAT, SUCH MACHINES ARE NOT UNLAWFUL I" ACCORDANCE WITH &QD STATUTES; CONTAINING A REPEALER PROVISION AND A SEVOMILITY CLAUSE. . ORDINANCE NO.110W AN ORDWAN¢E AMENDING SECTION 18.3Y:1(h) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ADOPT A PROCUREMENT PROCEDURE IMPLEMENT114G THE LOCAL PREFERENCE PROVISION OF SECTION 29=A OF THE CHAR-: TER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,, .. THEREBY AUTHORIZING THAT WHEN A LOW BID IS RECEIVED FROM A NOW LOCAL VENDOR WHEN CONTRACTING. FOR PERSONAL PROPERTY PUBUC WORKS OR IMPROVEMENTS, THE CITY COMMISSM `MAY OFFER TO A RESPONSIBLE AND RESPONSIVE LOCAL BIDDER THE OPPORTUNITY OF ACCEPTING 'A CONTRACT AT THE LOW BID AMOUNT, PROVIDED THAT THE ORIGINAL, BID FROM THE LOCAL V041DOR, DOES NOT EXCEED 110 PERCENT`OF THE LOW 910; CONTAINING A REPEALER F"VIS16N, SEV- ERABILITY CLAUSE, 4ND PROVIDING ACIA AN'fFFECTiVE DATE. ORDINANCE NO.14089 AN ORDINANCE ESTABLISHING ANEW SPEOAL REVENUE FUND ENTITLED "MIAMI HISPANIC MEDIA CONFERENCE" ("CONFEMRENCE') AND APPRQPRIATING. FUNbS RECEIVEt AS SPONSORSHIPS AND FINANCIAL SUPPORT FOR' E PLANNING, ORGANIZING, DIRECTING, AND FUND-RAISING,, FOR SAID COWVRENCE AND FUTURE RELATED CONFER- ENCES; CONTAINING A REPEALER PROVISION AND A SE1C ERABILITY CLAUSE-_ O1111DINANCE N0.110e9 AN ORDINANCE DEF.INING.AND DESIGNATING THE TERRITORIAL.UMITS.FOR THE CITY OF MIAMI FOR THEE " PURPOSE OF TAXATION FIXING THE MILLAGE AND LEVY- ING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FIS- CAL YEAR BEGINNING OCTOBER 1, 1993 AND ENDING SEP, TEMBER 30, 1994; CONTAINING A SEVERASILMY CLAUSE. ORDEAMCE NO.11990 AN ORDINANCE MAKINi3 APPROPRIATIONS FOR THE FIS- CAL YEAR ENDING SEPTEMBER 30, 1904; CONTAINING, A REPEALER PROVISION AND A SEVERABILITY CLAUSE. OfIDR�ANCE NO,11091. AN ORDINANCE, WITH ATI*CHMENT(S), RELATED TO TAXA- TION, DEFINING AND 0E64131"ANG 'NE TERRITORIAL LIM- ITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA; FIXING THE MILLAGE AND LEVY- ING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT i -♦ 1tt cn re i a, Page 1 of 2 S`- i FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 19M AND ENDING SEPTEMBER 30, 1994, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF THE NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRI- TORIAL LIMITS OF THE CITY OF MIAMI AS REFLECTED IN THE CITY'S MILLAGE-LEVY ORDINANCE FOR THE AFORE- SAID FISCAL YEAR WHICH IS REQUIRED. BY CITY CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDNANCE FIXING MILLAGE OR LEVYING TAXES BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A REPEALER PROVISION, SEVER - ABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.11092 AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER 30, 1994; AUTHORIZING THE EXECUTIVE DIRECTOR OF THE DOWN- TOWN DEVELOPMENT AUTHORITY TO INVITE OR ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE DEEMED SUPPLE- MENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1903, AND ENDING SEPTEMBER 30, 1994, FOR THE OPERATIONS OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 100.11003 AN ORDINANCE AMENDING ORDINANCE .11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 602. SD-2 COCONUT GROVE CENTRAL COMMERCIAL "DISTRICT, TO ADD AND CLARIFY OFFSTREET PARKING REQUIREMENTS FOR NEW DEVELOPMENT OF ONE-HALF (%) ACRE OR LESS; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miaml, Florida, Monday through Friday, excluding holidays, between the flours of 8-00 a.m. and 5-00 p.m. MATTY HIRAI CITY CLERK CITY OF MIAMI, FLORIDA 93.4-102018M Page 2 of 2