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9358
ORDINANCE NO,
AN ORDINANCE AMENDING SUBSECTION (A) AND W OF SECTION
53-118 Off' THE CODE OF THE CITY OF MIAMI, FLORIDA#
AS AMtNbtbq RELATING TO THE CITY TAX UPON ADMISSIONS TO
THE MARINE STADIUM (COMMODORE RAtPH E. MUNROE MARINE
8TAbIUM); BY PROVIDING POP CERTAIN CHANGES TO TAX RATES
FOR ADMISSIONS FOR THE USE OF THE MARINE 8TAbIUMF' ESTAB-
LISHING THE REQUIREMENT THAT PROSPECTIVE USERS MAKE
NoNPSPUNbABtt CASH DEPOSITS; FURTHER ESTABLISHING NEW
RATES POP POWER BOAT RACING, ROWING CRAMPIONSHIPSo PHIL-
HARMONIC CONCEPTS, MUSICALS, STAGE SHOWS, ROCK CONCEPTS,
BOAT SHOWS, MARINE TRADE SHOWS; ETC., BY CHANGING FROM A
"MINIMUM GUARANTEE AGAINST AN ADJUSTABLE PERCENTAGE OF
ADMISSIONS TAX SYSTEM" TO A SYSTEM OF VARYING MINIMUM
GUARANTEES OR PERCENTAGES OF ADMISSIONS BASED ON THE
TYPES OF EVENTS, ALL LESS ANY FEDERAL, STATE, OR LOCALLY
IMPOSED TAX; FURTHER DEFINING EVENT COSTS COVERED AND
NOT COVERED BY THE CITY TAX ON ADMISSIONS; FURTHER PRO-
VIDING FOR A SPECIAL MULTIUSE MINIMUM GUARANTEED FEE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE -AND DISPENSING,IWITH THE REQUIREMENT OF READING
SAME ON*TWO SEPARATE DAYS BY A'VOTE OF NOT LESS THAN
FOUR —FIFTHS OF THE MEMBERS OF THE COMMISSION.
WHEREAS, there is at present in the City Code, established rates for admissions
to be charged for specific events to be held at the Commodore Ralph E. Munroe marine
Stadium; and
WHEREAS, the City has established a City Tax on each admission to said Stadium
for use of the entire Stadium by assessing a minimum guarantee against an adjustable
percentage of admissions; and
WHEREAS, it is found that in order to be competitive with other stadium facilities
located in the State of Florida, the City Tax should, depending on the type of event,
be either 10% or 12% of gross price of each admission sold, less any Federal, State, -or
locally imposed tax, plus the cost of certain event services rendered for each event
category; and
WHEREAS, the City Commission recognizes that the Marine Stadium has been operating
at a substantial'loss each year and, in order to lessen such loss, places an indefinite
moratorium on rental waivers for the use of said Marine Stadium;
NOW, THEREFORE, be it ordained by the Commission of the City of Miami, Florida;
Section 1. section 53-118 of the Code of the City of Miami, Florida, as
amended# is hereby amended in the following particulars; I/
I/ Word and/or figures stricken through shall be deleted. Underscored words constitute
the amendment proposed. Remaining provisions Are now in effect And remain
Asterisks indicate omitted and unchanged material.
dv.
40
4-1* 8A88 RATE AMMANT e9mt4bAq?lva
SATE PRIerb 4138Re8NT*
PIRST 099 -15
NEXT 1-000 969 13
NEXT -1-faeo 969 -7 9 5 -.2 9
NEXT 96()
N8HT 969 969 60
NEXT -ITeee 969 -19 96-.99 -2 7 -109-.4 9
NEXT -1-,Oee 96e le
NEXT -ITOGG 969 -19 96. 99 27294749
NEXT- 1-999 96e -19 96-.00
NEXT -ITeee 969 -19 96. 99 2T486-.40
NEXT -ITOeE) 969 9 86-.49 27542789
NEXT 179()e 969 9 66-.40 27659-.-219
NEXT -ITeee 969 9 86-.49
NEXT -ITeG9 960 9 86-r49 2763.2 9 e
NEXT -17ege 969 9 86740 -27918-.49
NEXT -17GO9 969 a -7 6 -.6 9 2 7 9 -2 e
■
NEXT 27009 968 6 :76-.80 3-FO-79-. 90
NEXT -ITeee 96e a i6r89 37-148-.80
NEXT -ITege 969 8 -37-2-2ra-. 69
NEXT -17ege 969 6 -76-.89 -3 T 3-2 -.4 0
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(A). befinitions. For, the purpose of this section, the following words and
phrases shall have the meanings respectively ascribed to them by this subsection,
Boat racing event.: An,ac.tivity-or gathering inyolying__racing,Contests or boat
games such as power boat racing, rowing championships or other boat races.
Athletic event: An activity or gathering involving sports contests or games such
as swimming, boxing or wrestling.
Aquatic event: An activity or gathering involving persons and equipment in the
presentation of a show, stunt, demonstration, etc. on water.
Concert event: An activity or gathering involving the presentation of musicals,
the philharmonic, rock concerts and stage shows.
Trade shows: An activity or gathering involving the display or showing of new
merchandise, equipment and other items of commerce.
Other events: An activity or gathering other than events previously described,
such as carnivals, circuses, religious or political rallies or conventions. The
examples herein are illustrative only and do .'not preclude other types of activi-
ties or gatherings.
Patrons: The person purchasing an admission ticket to an event or series of
events in and/or outside the stadium.
User: The person or parties entering into a use agreement with the City for an
event or series of events to be held in the Marine Stadium, Such person may also
be referred to as the,"Sponsor",
Stadium; The Marine Stadium (Commodore Ralph E. Munroe Marine Stadium),
City Manager; The City+ Manager or his authorized designee,
(B) Admission Tad; and minimum changes,
W 3
o
.(1),. i ce t., as_ OthejfWi§p_ _Ijroyited_fi„thia...sseti ?fl,....char.:as b tt�e, pit .,for ,tha
use Pf.,„tke stadium _shall .be._assessed, ss follows:
(a)_ ror the use_of the stadium premises for other events and trade shows,
there shall be assessed a. fee _which $hail be the of one hundred
dollars ($.1tl0.00) per -=hour up to a maximum of one thousand dollars
($1_,000.00) ,for a_full dais, or, a City max on each admission to the stadium I
of ten (10) percent or the gross price, as establisher] by the sponsor, on
each admission sold by the sponsor of the event to be held in and on .the
stadium premises, less any Federal, state or locally imposed tax payable
upon such admission price. The $100.00 per -hour fee shall be assessed -
commencing with the beginning of the sponsor's arrival and ending with
the completion of the takedown and departure from the stadium, and the
one hundred dollars ($100.00) per -hour or one thousand dollars ($1,000.00)
per -day fee or ten (10) percent of the gross price does not include any
stadium costs except normal electricity, water and sewer service. All
event costs, including, but not limited to, security, electricians,
custodial personnel, rest room attendants, office attendants, cleanup costsf.
etc., shall be paid by the sponsor.
(b) For the use of the stadium premises for an athletic event. There shall'be .
assessed a fee which shall be the greater of one thousand dollars ($1,000.00) -
per day or a City Tax on each admission to the stadium of ten (10) percent
of the gross price, as established by the sponsor, on each admission ticket
sold by the sponsor of the event to be held in and on the stadium premises,
less any Federal, State, or locally imposed tax payable upon such gross
price. The one thousand dollars ($1,000.00) per -day or ten (10) percent
of the gross price does not include any stadium costs except normal elec-
tricity, water and sewer. All event costs, including, but not limited to,
security, crowd control, electricians, custodial personnel, rest room
attendants, office attendants, cleanup costs and other like expenses shall,
be paid by the sponsor.
(c) For the use of the stadium premises for boat racing events and aquatic
events there shall be assessed a fee which shall be the greater of one
thousand five hundred dollars ($1,500,00) Rer-day or a City Tax on each
admission to the stadium of ten (10)12ercent of the gross price, as
established by the s onsor, on each admission sold bX the s onsors of the
_ .,..�.. _ .>-7pe; p'm:!w�n-. :oM-::w. .�, .,,,.�-,;�*c;;pM�,mp��ty,n.�'�""45•".h?r•�'.t3�R7•.",fi.?'�.�
O
eydht to..be.._held in_ard, gtr, the sta4u ., ptomigojless..,doer r Stktd
t lo.c4ly_impesed to' p Able upon slith gross price. The one thousand .
five hundred dollars _($l►5()o,00).pdr-day or ten (lb) percent of the cross
Price shall ,include electricity► hater and sewer. All other event cysts,
i gludIng► but. hot,lithited to, security, electricians, custodial ersotinei►
rest roots attendants, office attendants, cleanup and other like expenses
shall be paid _by. the sponsor.
(d),Por the use of the stadium premises for concert events where no admission
is charged there shall be assessed a fee of one thousand five hundred
dollars ($1,500.00) per -day. The one thousand five hundred dollars($1,500.00)'
per-day"shall'include-electricity, water and sewer, All other event costs,
including, but not limited to security, electricians, custodial personnel,,
rest room attendants, office attendants, cleanup and other like expenses
shall be paid by the sponsor.
(e) For the use of the stadium premises for concert events there shall be
assessed a fee which shall be the greater or two thousand five hundred
dollars ($2,500.00) per -day or a City Tax on each admission to the stadium
of twelve (12) percent of the gross price, as established by .the sponsor,
on each admission ticket sold by the sponsor of the event to be held in and
on the stadium premises, less any Federal, State or locally imposed Tax
payable upon such gross price. The two thousand five hundred dollars
($2,500.00)
per -day
or twelve
(12) percent of the
gross price shall
include
electricity,
water,
sewer and
Police Department personnel
required
for .
traffic control and crowd control outside the stadium, but the sponsor
shall pay all other event costs, including but not limited to, inner,
security, inner crowd control, electricians, custodial personnel, office
attendants, cleanup and other like expenses.
(f) When an event sponsor has requested the use of the stadium for more than
one (1) event during a thirty (30) day period and said use has been here`..
tofore described in either subsections (b), (c) or (d), the minimum use
fee assessed for each event during said period will be reduced to one-half .
(1) the amount stated in said subsections (b) (c) or (d) hereof. The City
Tax and event costs described in each of said subsections (b),�(ej or„(d)
hereof will reM4in the same and will be assessed on a per .event basis,
0
C )�."or...the iise. t�f,.ihe.. .atk3.1Y �.o.t...oi)1 ► .thote _�hali, be.,as�oss�d .a. f�.�t fae
of thtee hthdted dollars ($ 00►Ob) per�day ct three
hundtod, dblIAt§ , ($jAO_.O6) _flat fee does not ihClude any stadium gosts� All
event pp#p 1 iftcludinc " .but, not limited .to.,. electtlOity 'used, security
electricians,qgaqup# etc.p shall be paid by the 'user.
(h) Por. the 096. of, the stadium,, premises for a combination of several types 6
events, the user shall pay those rates which apply to the event haying,,,the
larger of the fees _quoted herein.
(2) Any person, company, corporation, or organization requesting to reserve a date
(or dates) for the use of Marine Stadium shall be required, within ten (10)
calendar days of the initial request for date reservation, to make a payment
in an amount equal to ten (10) percent of the basic rental fee as a nonrefundable
cash deposit.. Additionally, not less than sixty (60) days prior to the date
reserved for the subject event the User must pay to the City an additional .
forty (40) percent of the basic rental fee, which will also serve as a nonrefund-
able deposit. The intent of the City in this regard is that the User must have
made a total nonrefundable deposit to the City of fifty (50) percent of the
basic rental fee by at least sixty (60) days prior to the date reserved. The
fifty (50) percent balance of the basic rental fee shall be paid to the City,
as a nonrefundable cash deposit, not less than thirty (30) days prior to the
event date. All of the advance rental fees collected by the City will be
forfeited if the User cancels the event.
(3) Federal, State and locally imposed taxes shall be separately shown and printed
upon each and every ticket printed for an event, including complimentary
tickets. Complimentary tickets shall be clearly overprinted as such. User
shall be permitted to issue complimentary tickets to their event in an amount
equal to a maximum of one (1) percent of the total tickets sold for the event
and, if the City's audit conducted subsequent to the event reveals that
complimentary tickets were issued in an amount exceedin4 one (1) percent of the
total ticket sales, then the User will be required to_pay the ten (10) percent
City Tax on that number of complimentary tickets which exceed the one (1)
percent. The ten (10) percent City Tax on the excess co. 21imentary tickets. '.`
shall be paid on the "average" ticket price charged by the User for that event,
(9) The User shall. kee available in ,its office, or such other klace a roved b
tho= '4ty. nA kj j .tieue.s.._socu ate arid,. con; ietA _re�pds_
tic)tet sales ttahbacted in connection with the stadatft event and shall dive
access to.,the atth6rited. tep�eaetitativ6s, en tho pity, during reasonable
business hoots, .to. OXam%tie,snd.„audit such. records, and aocdutits► �'itial
e_
accduntitig acid payfnetit of all_Mms due hereunder shall. be made to the pro er
City authorities as Soon after the holding of each event as tray be reasonably
possible, and -.in no ,case shall, be permitted to refrain unpaid longer than three
(3)- working days after the event, and in all cases shall be paid prior to the
holding of,another subsequent event by the same User.
(5) The User of the stadium, and the seller of the tickets, shall be responsible
for ,the collection and payment of all tax monies required to be collected
hereunder and shall hold in trust for the City all amounts. due hereunder and
shall account for and pay over to the City all such sums within the time
periods required, or immediately upon written demand by the director of finance
of the City. Failure to make full accounting and payment upon demand shall
subject the User to a penalty of two (2) percent per month or fraction thereof
intervening between such demand and final accounting and payment, exclusive of
the first twenty-four (24) hours of such period, which penalty shall be ad-
ditional to other penalties provided by this Code and the City Charter.
(6) The Tax levied hereby and all sums paid to the City under this section shall
be deposited by the City daily as received in the funds and accounts of the. -
stadium.
(C) Special charges, terms and conditions.
(1) (a) The User for any event shall obtain, at its own cost and expense, public
liability insurance in the amount of not less than one million dollars
($1,000,000.00) per occurrence for bodily injury, and not less -than one
hundred thousand dollars ($100,000.00) per occurrence for property damage
The User shall furnish certificates of insurance to the City at least ten
(10) days prior to any scheduled event, in the amount, type, and classifi
cation as noted. No modification or change in said insurance shall be made
without at least twenty (20) days' advance written notice to the City,
Insurance policies required above shall be issued by companies authorized
to do business under the laws of the State of Florida, with the following .
alifications as to mane ement and financial strength; the company must
TI.
be rated ho Lass_ -than, . a _ to. enie t,.. n . no lets...
to ,finanai&I..stret)gth,. ,iA atd6rdahee with the latest .odi,ti6h of 81§.§0S
key Ratij)q Guide► published by Aldred M. Hest Company, Inc,_, `�, Vulton
Street, New Yerk► New York.
All such policies to cover. ,the scheduled events shall _name the City , .as
an additional insured.
(b) The City may be able to obtain special -events insurance for, events that
fleet certain prequisites. The City, at its, sole option, may_ determine
that the event qualifies for said special -events insurance. if so qualm
fied, the User may comply with this section by obtaining said insurance
through the City.
(2) At any time when the flat -rate charge is imposed for the use of the stadium
to stage an event, or when admission and entry to any event is not conditioned
upon the purchase of a ticket or the payment of a fee by the patron, the
charge to the User shall not be less than the cost of operating the stadium
for said event.
(3) Uniformed police officers and/or other security personnel shall be provided
by the event User in numbers acceptable to the facility manager as being
sufficient to control the anticipated event crowd both within and outside the'
stadium, with payment therefore to be made by the User except where otherwise
specified herein.
(4) User shall also provide, at its expense, all admission tickets to its event,,
as well as ticket takers, ticket sellers, and ushers, as required, and in
numbers acceptable to the facility manager as being sufficient to handle
smooth entry of the public into the stadium and to provide efficient usherin
and seating of the event crowd.
(5) 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 stadium."
Section 2, All ordinances or parts of ordinances, insofar as they are incon-
sistent or in,conflict with the provisions of this ordinance, are hereby repealed,,
Wa-
9detion. 5, It any gettion, part of 6edtidn, patagtaph, dlab§dj phfa§e) or 'w6fd
of this Otdinafte is dt6ldted invalid) the teftihing pt6Vibifta of this ordinance
shall not be aftetted.
Settion 4. The tequirernent of reading this ordinance on two separate days it
hereby dispensed with by a vote of not less than four -fifths, of the ttetftbert of the
PASSED AND ADOPTED this . 1,0TH- day of t)W-=M8EP1- 1981.
7 ST.,
--tRALITG. ONGIE,
CITY CLERK
PREPARED AND APPROVED BY:
41
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS 0 FORM AND CORRECTNESS:
I V.
tt%-�GEORGE F. KNOI, JR.
CITY ATTORNEY
_ 9 .
MAUR I C8 A. PERRE.
M A Y 0 R
X
OLD RATES
Minimum $350.00
4
GateBase
Price
mate (Percent)
Amount on Base
Cumulative Rental
First
$1O,000
$9,600
15
$1,44o.00
$1,440.00
Next
1,000
96o
13
124.8o
1,564.8o
Next
1000
96o
13
124.80
1,689.60
Next
1,000
96o
11
105.60
1,795.20
1,Ooo
96o
11
105.6o
1,9oo.8o
Next
3,000
96o
11
105.60
2,006.40
Next
1,000
96o
10
96.00
2,102.40
Next
I,000
96o
10
96.00
2,198.4o
Next
1,000
96o
10
96.00
2,294.4o
Next
1,D00
960
10
96.00
2,390.40
Next
3,-000
96o
10
96.00
2,486.4o
IText
1,000
960
9
86.4o
2,572.8o
Next
l,Ooo
96o
9
86.4o
2,659.20
NeXt
1,000
96o
9
86.4o
2,745.6o
Next
I,000
96o
9
86.4o
2,832.00
next
1,000
96o
9
86.4o
2,918.4o
Next
1,o00
96o
8
76.8o
2,995.20
Next
1"000
96o
8
76.8o
3,072.00
Next
1,000
960
8-
76.8o
3,148.80
Text
1,000
96o
8
76.8o
3,225.60
Next
1,000
96o
8
76.8o
3,302.4o
Minimum $1,000.00
or
10% of Gross Admissions, whichever,
is greater, plus stadium event, casts,
not including security
or
12% of Gross Admissions, whichever
is greater, plus stadium event costs
including security.... depending on
the type of event
Based .on $60,000.Gross Admissions for a concert, the City would receive,$5,402.4o Based on $60,000. Gross Admissions for a:
--im rental or use fees, concert, the City would receive $7,200". in
rental or use fees.
Summat%on: the primary purpose if the rate change is to increase the base rate or minimum charges. If the stadium is used forty timer a year
--��� "i r; n nm char—aes . the increase revenue would be $26, 000.
-OLD RATES
Minimum 350;00
Gate
.Base Price
Rate (Percent)
Amount on Base
Cumulative Rental
First
$1-0;000
$9,&o
15
$1,440.00
$1,440.00
Next
1,000
96o
13
124.8o
1,564.8o
Next
3,000
96o
13
124.8o
1,689.6o
Next
1;Ooo
96o
1.1
105.6o
1,795.20
Next
1,000
96o
1.1
105.6o
i,9oo.8o
Next
1,000
96o
11
105.6o
2,006.4o
'Next
1,000
96o
10
96.00
2,102.4o
Next
1,000
96o
10
96.00
2,198.4o
next
3., 0.00
196o
10
96.00
2,294.4o
Next
1,000
960
10
96.00
2,390.4o
Next
1,,000
960
10
96.00
2,486.4o
Next
1,'000
96o
9
86.40
2,572.80
'Next
1,000
96o
9
86.4o
2,659.20
Next
I'mo
96o
9
86.4o
2,745.6o
Next
1,000
96o
9
86.4o
2,832.00
Next
19000
96o
9
86.4o
2,918.40
NText
1,Doo
960
8
76.8o
2,995.20
Next
1,D00
960
8
76.80
3,072.00
'Next
1,Doo
96o
8
76.8o
3,148.8o
Text
1,000
96o
8
76.8o
3, 225.6o
Next
3,'000
96o
8
76.8o
3,302.40
Minimum $1,000.00
or
10% of Gross Admissions, whichever
is greater, plus stadium event costs.
not including security
or
12% of Gross Admissions, whichever
is greater, plus stadium event costs
including security.... depending on
the type of event
Based on $60,000- Gross Admissions for a concert, the City would receive $5,402.40 Based on $60,000. Gross Admissions for a
3n rental or use fees. concert, the City would receive $T,200. in
rental or use fees.
- - - - - - - - - - - - - - - - .- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Summatiun: The primary purpose if the r.ate,change is to increase the base rate or minimum charges. If the stadium is used forty times $ year
vitb minimum charges, the increase revenue would be $26,000.
-- ' I i I^�qP"•i fl �7R��hlll '1 I11M'I ail^IIP11"A%^P,,i I'Y�'xirr!e II�Oin us9Mll !'!"im: %%71; rllu lu'if II II °i ii. v.iil 7 ,..rilp •._...
MARINE
STADIUM
RENTAL RATE
COMPARISON
CHART
OLD RATES
Minimum 350.00
Gate
Base Price
Rate (Percent)
Amount on Base
Cumulative Rental
First
$10,000
$9,600
15
$1,440.o0
$1,440.0o
Next
1,000
960
13
124.80
1,564.80
Next
1,000
96o
13
124.8o
1,689.6o
Next
1,000
960
11
105.60
1,795.20
Next
1,000
96o
11
105.6o
1,9oo.8o
Next
1,000
96o
11
105.6o
2,006.4o
Next
1,000
960
10
96.o0
2,102.4o
Next
1,000
96o
10
96.00
2,198.4o
Next
1,000
960
10
96.00
2,294.40
Next
1,000
960
10
96.00
2,390.40
Next
1,000
96o
10
96.00
2,486.4o
Next
1,000
96o
9
86.4o
2,572.8o
Next
1,000
96o
9
86.4o
2,659.20
Next
1.,000
96o
9
86.40
2,745.60
Next
1,000
960
9
86.40
2,832.00
Next
1,000
960
9
86.4o.
2,918.4o
Next
1,000
96o
8
76.8o
2,995.20
Next
1,000
960
8
76.80
3,072.00
Next
1,000
96o
8•
76.8o
3,148.8o
Next
1,000
960
8
76.80
3,225.6o
Next
1,000
960
8
76.80
3,302.4o
11
NEW RATES
Minimum $1,000.00
or
101 of Gross Admissions, whichever
is greater, plus stadiums event costs
not including security
or,
12% of Gross Admissions, whichever
is greater, plus stadium event costs
including security..... depending;_ on
the type of event
tjo g3asea an $6o,DOO. Gross Admissions -for a concert, the City would receive•$5,402.40 Based on $60,000. Gross Admissions for a
to --in rental or use fees. concert, the City would receive $T,200. in
______rental or use fees--_-----__-____
- - - - - - - - - - -.- - - - -. - - - - - - - - - - - - - - - - -
anaton» The primary purpose if the rate change is to increase the base rate or minimum charges. If the stadium is used forty times a year
with minimum charges, the increase=revenue would be $26,000. -
i