HomeMy WebLinkAboutO-10509u-VV-/7
11/3/88
ORDINANCE NO. 1050S,
AN ORDINANCE AMENDING SECTION 53-1 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO PROVIDE EXEMPTIONS TO THE TICKET
SURCHARGE ON PAID ADMISSIONS FOR SPECIFIC
TYPES OF EVENTS HELD IN CITY OF MIAMI PUBLIC
FACILITIES; FURTHER ADOPTING A NEW
SECTION 53-2 OF SAID CODE AUTHORIZING THE
CITY COMMISSION TO ESTABLISH SPECIAL CHARGES,
TERMS AND/OR CONDITIONS FOR THE USE OF ALL
CITY PUBLIC FACILITIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the City Commission adopted Ordinance No. 10439 on
May 19, 1988 which created a new Section 53-1 of the City Code
and established a ticket surcharge on paid admissions to events
held in City public facilities and parks; and
WHEREAS, the City Manager, Chief Deputy City Attorney and
Directors of the Departments of Parks, Recreation and Public
Facilities and Conferences and Conventions have subsequently
reviewed said ordinance for implementation; and
WHEREAS, during such review, it was determined that the
surcharge was not an effective revenue tool for certain types of
events; and
WHEREAS, conventions, conferences, trade shows, and banquets
are events which are not normally attended by the public at
large, but by particular, restricted groups; and
WHEREAS, consumer shows, in addition, have an educational
and commercial nature geared to specific segments of the buying
public and are more participatory in nature than other spectator
events; and
WHEREAS, the imposition of a surcharge on admissions to
these types of events places City facilities in a disadvantageous
market position because competing local facilities for these
events have no surcharge; and
WHEREAS, the loss of ticket surcharge revenue from these
specific events can be recouped through rate restructuring; and
1.0509
WHEREAS, for the above reasons, conventions, conferences,
trade and consumer shows, and banquets should be exempted from
the surcharge; and
WHEREAS, the same interdepartmental review has determined
that the need exists to clarify the City Code and thereby
authorize the City Commission to establish special charges,
terms, and/or conditions for the use of all public facilities;
and
WHEREAS, at present, the City Code authorizes such special
charges only for the use of City Stadiums;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Section 53-1 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars: l/
"Sec. 53-1. Ticket Surcharge on paid admissions to.events
4A�- (i) Applicability.
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 Miami Bobby Maduro Baseball Stadium, the
Coconut Grove Exhibition Center, the Miami
Convention /international Center, and the
Bayfront Park Amphitheatreer. Unless
specifically exempted below, and Pfor 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 surcharge shall additionally apply where
admission is charged for events conducted in
city parks, facilities therein, and/or
community centers. Said surcharge she!! not
The application of
the ticket surcharge shall commence upon the
effective date of this ordinance, except for
those events for which advance ticket sales
have the prior approval of the City Manager,
or designee.
1/ 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.
- 2 - 10509
ii Exemptions.
The following activities as defined herein
shall be exempted from the application of the
ticket surcharge on paid admissions:
s_: 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.
Conferences: participatory meetings designed
affected parties of organizations on related
issues.
Consumer shows: exhibitions of related
products and/or services that are open to the
public.
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.
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.
Additionally, said surcharge shall not apply to
the Orange Blossom Classic conducted by Florida
A&M University, the Charity Pig Bowl hosted by the
City of Miami Police Department and the annual
Orange Bowl Classic football game and related
events which are staged by the Orange Bowl
Committee.
Section 2. A new Section 53-2 is hereby added to the
Code of the City of Miami, Florida, as amended, as follows:
"Sec. 53-2. Right to establish special charges,
terms and/or conditions.
Nothing contained in the provisions of this
chapter 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 city public
facilities."
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.
- 3 -
10509
t,
Section 4. 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.
PASSED AND ADOPTED ON FIRST READING BY TITLE ONLY this
6th day of October , 1988.
PASSED AND ADOPTED ON SECOND READING AND FINAL READING BY
TITLE ONLY this 3rd day of Novembe ' , 1988.
XAVIER L. UARE , MAYOR
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
+JOGEF R ANDEZTORN
RFC:bss:M382
- 4 -
1050s,
MIAMI 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
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the 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
NOTICE OF PROPOSED ORDINANCE
ORDINANCE NO.
RE: TO PROVIDE EXEMPTIONS TO
THE TICKET SURCHARGE ON PAID
ADMISSIONS
In the ................ x.. X. .x................. Court,
was published in said newspaper in the issues of
October 21, 1988
Affiant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
gublished in said Dade County, Florida, each day (except
Saturday, said
and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami in said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
affiant r says that she has neither paid nor promised any
perso fir or corporation any discount, rebate, commission
or ref nd or the purpose of securing this advertisement for
public if in the said newspaper.
to 'bed before me this
44
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c elm V. F yre
. t Notary ubtfc, Ste I rida at Large
(SEAL)
My Commissio expi �gL91 �ti4
MR 114
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Said,
Officer
througi
5:00 P.I
All ir
fe9peCl
ie the subject of,".
sion consideration *as emergehcy measures at`lts meeting presently,
scheduled.for October 27, -1988.
Should any Berson des re to appeal: any decislon`of the CKyCom
mission ,with respect to any matter'to•be considered'at this meeting,;.
'that per son:,shalt°ensure thata verbatim record`of the prooeedings is
made including all testimony'and evidence upon 'which any appeal may',
be based:
MATrY:HIRA1 °„r :
CITY.CLERK
r x >,CITY.OFMIAMI, FLORIDA
CITY OF.MIAMI
i.10121, ss ,rr--'.,. 88.102101M ,
1 of oq
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
i
Cesar H. Odio,
City Manager
DATE: S E P Z 7 1988 FILE:
Ordinance Amending
SUBJECT: Ticket Surcharge
REFERENCES:
ENCLOSURES:
Recommendation:
It is respectfully recommended that the City Commission adopt the
attached ordinance amending the City Code to provide exemptions
to the ticket surcharge for specific types of events (banquets
conferences, consumer and trade shows, acid conventions) and to
clarify the authority of the City Commission regarding special
charges and conditions for the use of all City facilities.
Background:
The attached legislation was prepared by the Department of Parks,
Recreation and Public Facilities with the assistance of the City
Manager's Office, the Law Department and the Department of
Conferences and Conventions.
On May 19, 1938, the City Commission adopted Ordinance No. 10439
which created Section 53-1 of the City Code, and established a
ticket surcharge on all paid admissions to events held in City
facilities and parks. It was anticipated that the City would
receive over $1 million in new revenues for FY'88-89 from this
surcharge.
Shortly after its adoption, staff of *various departments met to
discuss the implementation of the surcharge. During these
discussions, staff determined that the' surcharge would place
certain City facilities at a disadvantage in the local market for
particular events. Because other local convention and exhibit
halls do not now have a surcharge, the Coconut Grove Exhibition
Center and the Miami Convention/International Center would be
placed in unfair market positions when negotiating for banquets,
conferences, conventions and trade and consumer shows.
It was then recommended that these particular events be exempted
from the surcharge. The fees paid to the City by
sponsors/promoters for these events, is based primarily on the
type and amount of space used, rather than on admission sales.
Additional justification is found in the tact that these
activities, with the exception of consumer shows, are not
generally open to the public but are attended only by members,
3C�L--/
IL0509
Honorable Mayor and
Members of the City Commission
Page 2
delegates, representatives and invited guests of the sponsoring
organization. Consumer shows, as well, are geared toward a
particular segment of the buying public and are much more
participatory than concerts or- sporting events where attendees
merely observe the attraction.
Even with the exemption of these specific events, total surcharge
revenue is not expected to decrease significantly, because City
facilities accommodate a wide range of activities, and both gated
and open events. For the Coconut Grove Exhibition Center, which
handles the bulk of consumer and trade shows, the loss of
anticipated surcharge revenue can be recouped through a future
restructuring of its rental rates once the expansion project is
complete.
The second -feature of the proposed Ordinance is meant to broaden
the City Code by asserting the City Commission's right to set
special charges, terms and conditions for the use of all city
public facilities. At present,* code provisions only cover such
variances for the use of City stadiums.
I.U50 .2
a-
MIAMI REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the 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. 10509
In the ...... .. X .. X........................... Court,
was published in said newspaper in the Issues of
Nov. 25, 1988
Afflant further says that the said Miami 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 said
Dade County, Florida, for a period of one year next preceding
the fire Iication of the attached copy of advertisement; and
afilan curt r says That she has neither paid nor promised any
Pere fir or corporation any discount, rebate, commission
or r fund or the_pµMgq.of securing this advertisement for
• Sworn to and subscribed before me this
25 c V : crr= ... 88
1 p ;�. ...(q.` , A.D. 19..
' • /�
.........
•.����enet Sa
o P u State orida at Large
O R I
(SEAL) /////fit tltIt%%%
My Commission exptires June 21, 1991.
MR 114A