HomeMy WebLinkAboutItem #61 - First Reading Ordinance9
J-85-80
3/14/85
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 31=28 AND
31-37 AND ADDING SECTION 31-28.1 TO THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
DEALING WITH APPLICATION AND REVOCATION
PROCEDURES, GROUNDS FOR REVOCATION, BY
REQUIRING AN OWNER TO PROVIDE THE NAME AND
RESIDENCE ADDRESS OF A REGISTERED AGENT WHO
RESIDES IN DADE COUNTY SO THAT THE AGENT CAN
ACCEPT NOTICES OF VIOLATIOEI, PROCESS, AND
OTHER COMMUNICATIONS RELATING TO THE ENFORCE-
MENT AND/OR PROSECUTION OF THE CODE, DADE
COUNTY CODE AND FLORIDA STATUTES; REQUIRING
THE DESIGNATION AND ACCEPTANCE OF SUCH
DESIGNATION TO BE IN WRITING, NOTARIZED AND
FILED WITH THE OCCUPATIONAL LICENSE SECTION
OF THE FINANCE DEPARTMENT; REQUIRING WRITTEN
NOTIFICATION TO THE LICENSE DIVISION OF ANY
CHANGES IN THE NAME AND ADDRESS OF THE
EMERGENCY LOCATOR AND RESIDENT AGENT WITHIN
FIVE BUSINESS DAYS OF SUCH CHANGE; PROVIDING
PENALTIES FOR FAILURE TO COMPLY WITH THE
PROVISIONS OF THIS ORDINANCE INCLUDING
NON -ISSUANCE OF LICENSE AND REVOCATION OF
LICENSE; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND EFFECTIVE DATE.
WHEREAS, the Department of Fire, Rescue and Inspection
Services has a public duty to enforce provisions of the Code of
the City of Miami; and
WHEREAS, many businesses, which are licensed by the City to
do business in the City, have owners who reside outside of Dade
County; and
WHEREAS, in the enforcement of Code provisions concerning
businesses, it is an unreasonable and undue hardship and
excessively expensive for the City to affect service of legal
process on absentee owners; and
WHEREAS, requiring owners of businesses to maintain a
resident agent who resides in Dade County to accept service of
Code Enforcement process will diminish the undue hardship and
expense that now exists and will provide the Fire, Rescue and
Inspection Services Department with a more efficient means to
enforce the Code; and
WHEREAS, there presently is no time limit established for
owners to report changes in emergency locator informatior,
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currently furnished on license applications; and
WHEREAS, requiring owners to report changes of the
"emergency locator" in five days will assist the Police and the
Fire, [fescue and Inspection Services Deepartments in locating
responsible individuals quickly; and
WHEREAS, the Department of Fire, Rescue and Inspection
Services recommends that the Section of the City Code concerning
occupational license applications be amended: to require that a
business owner designate a "registered agent" who shall reside in
Dade County; to require the emergency locator to live in Dade
County so that he or she can be located in the event of any
emergency; to provide that legal process related to Code
enforcement can be served on a registered agent on behalf of the
owner; to require that written notification to the license
division of any changes in the designation of the resident agent
and emergency locator to be made within five (5) business days of
the change; to provide for penalties, including revocation of
license, for failure to comply with this ordinance. -
NOW, THEREFORE, BE IT ORDAINED BY THE; COMMISSION OF THE
CITY OF MIAMI, FLORIDA.
Section 1. Section 31-26 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars:l
1
"Section 31-28. Application Procedures; Grounds for
Denial.
(A) No license shall be issued or granted to any
applicant therefore to engage in the business of
selling merchandise at retail or wholesale or in the
practice or pursuit of any profession or occupation
coming within the categories mentioned in Section
31-481 unless the applicant shall first make applica-
tion therefore and fill in an application form stating
the following:
(9) The application shall contain a Section designated
'emergency locator.' The applicant shall fill out as
part of the license application the btletneas Dade
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.
•
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Count_y. address, came-ef-Beth* name eegtdemee=address
and rea#dent-lade-eeamty phone number of the ewneer
�natsager=ee+etl�ee-feeefipeesens� eme enc _locator who
shall .._ reside __in Dade Cou y and who is to a note i'e
in case o ire or of er emergencies. A._�o_s_toffice_ box
number will not meet the re uiement for the _a ress o
vtor. Any changes nsuct e emer enc in orma-
tion during the perio for which the license is issued
shall be made to the license division, in writings
within five business days of such change."
Section 2. Chapter 31 of the Code of the City of Miami,
Florida, as amended, is hereby amended by adding Section 31-28.1
which reads as follows:
"Section 31-28.1 Dade County resident agent
required; Penalties.
(A) Every licensee/owner shall be required to
designate, in writing to the Occurational License
Division of the Finance Department, some legally
competent person who s d e the owner's agent,
'End Who snail reside within Da a County. Such
person shall a authorizeauthorize3 by the owner to accept
notices of violation, process, and Other communica-
ions relating to the en orcement and/or
prosecution of this code, Da a counEy Code an
Florida Statutes. The owner shall Obtain the
acceptance of such designation from the erson so
3esignated in writing and tile same with the
occupational License Division of t e Finance
Department at the time the designation is l Te.
(B) In the event the designated agent resigns,
retirees, is terminated or the agency re ationshi
is otherwise terminatea, t e owner s a ort wit
appoint another agent.
(C) The Occupational License Division is authorized
and directedto rescri e a form for the purpose
of implementing this section. The in ormation to
be erovided on t o form shall include the name an
residence Dade -County address'an3 telephone number
of the designated agent, t e address ot the
ui ing, the designated agent's worR ad3ress an
telephone. A post o ice box number will not meet
"the requirement for the address of t e resident
agent. Any change in t e resident agent or
information provided on the license division torm
shall be made to the License Division, in writing,
within five working days of t e change The torm
shall be required to be acknowled2ed before a
notary or other 5erson authorized y law to to e
oat s.
(D)_ Failure to comply with subsection (a) of this
section snail
result in no license being issued.
(E) Failure to
comply with subsection (b)
of this
section shall
subject the violator, upon
convic-
tion, to a
fine of not less than Two Hundred
an
Fi ty Dollars 5 ) nor more than One
Thousand
Dollars (
, and/or imprisonment fora
erio
!
not to exceed
sixtydays. Each ay a
business
is conducted
without comp yang wit t is
section
1
shall a an in7rividual o tense -punishable
as
j
specified herein.-
3
tT,JI,
Section 3. Section 31-37 of the Code of the City of
Miami, Florida, as amended, is hereby amended by adding
paragraph (9) to subsection (A) of said Section 31-37 which reads
as follows:
"Section 31-37(A) Revocation Proceduret.Grounds for
Revocation of Licenses.
(A) Grounds for Revocation of Licenses. The City
Manager shall revoke the license of any individual,
partnership or corporation holding a license under this
chapter when it is determined by the City Manager, or
his duly designated agent, after a hearing, that:
(8) The licensee, subsequent to being issued a
license, has had a permanent injunction in the form of
an order and final judgment entered against said
licensee enjoining, restraining or preventing the
licensee from exhibiting, showing, selling, lending, or
transmitting any motion picture film(s), book(s),
magazine(s), video tape(s) or other material that has
been found to be obscene,,lewd, lascivious, filthy or
indecent pursuant to Florida Statutes 847.011, as
written or construed, after said material(s) has
undergone an adversary judicial hearing as required by
law; or
(9) The licensee has failed to comps with Sections
11- a (�) or '3 -28.1, or any provision therein .
Section 4. All ordinances or parts of ordinances in
conflict herewith insofar as they are in conflict, are hereby
repealed.
Section 5.
if any
section, part
of
section, paragraph,
clause, phrase,
or words of
this Ordinance
is
declared invalid,
the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall take effect thirty (30)
days after its passage.
PASSED ON FIRST READING BY TITLE ONLY this day of
, 1985.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 1985.
ATTEST:
MAURICE A. FERRE, Mayor
RALPH G. ONGIE
City Clerk
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\\ | PREPARED AND APPROVED BY,
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CHRIST9PHER G. KORGE
Assistant City Attorney
A■■O D TO FORMA§D CORRECTNESS:
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LOCIk A, §GBSRT
\ City Attorney
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