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HomeMy WebLinkAboutO-093284i ORDINANCE N0, AN ORDINANCE AMENDING SUBSECTION (B) OF SECTION 53-131. OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENDED, RELATING TO THE CITY 'TAX UPON ADMISSIONS TO THE MIAMI ORANGE BOWL MEMORIAL STADIUM BY PROVIDING FOR CERTAIN CHANGES TO TAX RATES FOR ADMISSIONS FOR THE USE OF VARIOUS PARTS OF THE STADIUM (EXCEPT FOR FESTIVAL SEATING) FROM 15% OF THE GROSS ADMISSION PRICE, LESS ANY FEDERAL, STATE, OR LOCALLY IMPOSED TAX, TO 10% OF THE GROSS ADMISSION PRICE, LESS ANY FEDERAL, STATE, OR LOCALLY IMPOSED TAX; PROVIDING A CHANCE IN THE CITY OF MIAMI TAX ON ADMISSIONS TO THE ORANGE BOWL MEMORIAL STADIUM, FOR THE USE OF THE ENTIRE STADIUM AND THE FIELD (FOR FESTIVAL SEATING), FROM 15% OF THE GROSS ADMISSION PRICE, LESS ANY FEDERAL, STATE, OR LOCALLY IMPOSED TAX, TO 12% OF THE GROSS ADMISSION PRICE, LESS ANY FEDERAL, STATE, OR LOCALLY IMPOSED TAX; FURTHER DEFINING EVENT COSTS COVERED BY THE CITY TAX ON ADMISSIONS; FURTHER PROVIDING FOR A SPECIAL MULTI -USE MINIMUM GUARANTEED FEE; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. WIiFFEAS, there is at present in the City Code, established rates for admissions to be charged for specific events 11, vari.ous harts of the Orange Bowl Memorial Stadium; and WHEREAS, the City has established a City Tax on each admission to various parts of the said Stadium of: 15% of the gross price of each admission sold, less any Federal, State, or locally imposed tax payable from such admission price; and WHEP.EAS, it is found that in order to be competitive with other major Stadium facilities located in the State of Florida, the City Tax on various parts of the Stadium (except for festival seating) must be reduced from 15% of the gross price of each admission sold to 10% of the gross price of each admission sold, less any Federal, State, or locally imposed tax payable from such admission price; and WHEREAS, the City Tax on the entire Stadium and field (for festival seat- ing), should be reduced from 15% of the gross price of each admission sold to 12% of the gross price of each admission sold, less any Federal, State, or locally imposed tax payable from such admission price and that the event ser- vices rendered under. the City Tax should be increased to include Police Depart- ment Personnel required for traffic control and crowd control outside of the Stadium; and 1,1HER.EAS, it is felt that when an event sponsor has requested the use of one-half the Stadium and/or the entire Stadium (with an event taking place on the field) for more than one event during a 60 day period then a special. multi 0 ORDINANCE NO, 9 0 � AN ORDINANCE AMENDING SUBSECTION (B) OF SECTION 53--131. OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENDED, RELATING TO THE CITY TAX UPON ADMISSIONS TO THE MIAMI ORANGE BOWL MEMORIAL STADIUM BY PROVIDING FOR CERTAIN CHANCES TO TAX RATES FOR ADMISSIONS FOR THE USE OF VARIOUS PARTS OF THE STADIUM (EXCEPT FOR FESTIVAL SEATING) FROM 15% OF THE GROSS ADMISSION PRICE, LESS ANY FEDERAL, STATE, OR LOCALLY IMPOSED TAX, TO 10% OF THE, GROSS ADMISSION PRICE, LESS ANY FEDERAL, STATE, OR LOCALLY IMPOSED TAX; PROVIDING A CHANGE IN THE CITY OF MIAMI TAX ON ADMISSIONS TO THE ORANGE BOWL, MEMORIAL STADIUM, FOR THE USE OF THE ENTIRE STADIUM AND THE FIELD (FOR FESTIVAL SEATING), FROM 15% OF THE GROSS ADMISSION PRICE, LESS ANY FEDERAL, STATE, OR LOCALLY IMPOSED TAX, TO 12% OF THE GROSS ADMISSION PRICE, LESS ANY FEDERAL, STATE, OR LOCALLY IMPOSED TAX; FURTHER DEFINING EVENT COSTS COVERED BY THE CITY TAX ON ADMISSIONS; FURTHER PROVIDING FOR A SPECIAL MULTI -USE MINIMUM GUARANTEED FEE; CONTAINING; A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH 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 in various parts of the Orange Bowl Memorial Stadium; and WHEREAS, the City has established a City Tax on each admission to various parts of the said Stadium of 150 of the gross price of each admission sold, less any Federal, State, or locally imposed tax payable from such admission price; and WHEREAS, it is found that in order to be competitive with other major stadium facilities located in the State of Florida, the City Tax on various parts of the Stadium (except for festival seating) must be reduced from 15% of the gross price of each admission sold to 10% of the gross price of each admission sold, less any Federal, State, or locally imposed tax payable from such admission price; and WHEREAS, the City Tax on the entire Stadium and field (for festival seat- ing), should be reduced from 15% of the gross price of each admission sold to 12% of the gross price of each admission sold, less any Federal, State, or locally imposed tax payable from such admission price and that the event ser- vices rendered under. the City Tax should be increased to include Police Depart- ment Personnel required for traffic control and crowd control outside of the, Stadium; and WTHERLAS, it is felt that when an event sponsor has requested the use of one-half the Stadiuiti and/or the entire Stadium (with 7n event taking place on the field) for more than one event during a 60 day period then a special multi use minimum guarantee fee is warranted; NON', THEREFORE, BE IT OIRDAINED BY THE COMMISSION OF THE CITY Or 'MIAMI, FLORIDA: Section 1. Section 53-3.31 of the Code of. the City of Miami, Florida, 6- 1.980 as amended, is herebyfurther amended in the following 1/ Q gpartculars: � "Sec. 53-1.31. Admissions. (A) Definitions. (N) Admission tax and minimum charges. (1) Except as otherwise provided in this section, charges by the city for the use of the stadium shall be assessed as follows: (a) For use of the playing Meld only, there shall be assessed a fee which shall be the greater of one hundred fifty dollars ($150.00) per hour up to a maximum of one thousand five hundred dollars ($1,500.00) for a full day, or a city tag: 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 the stadium, less any federal, state, or locally imposed tax payable upon such admission price. The $150.00 per -hour fee shall be assessed commencing with the beginning of the sponsor's arrival and setup for the event and ending with his completion of takedown and de- parture from the stadium, and the $150.00 per -hour or $1,500.00 per -day fee does not include any stadium costs. All event costs, including, but not limited to, electricity used, security, electricians, custodial personnel, office attendants, etc., shall be paid by the sponsor. (b) For use of one-half ('-) of the stadium, there shall be assessed a fee which shall be the greater of five thousand dollars ($5,000.00) per day or a city tax on each admission to the stadium often (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 the stadium, less any federal, state, or locally imposed tax payable upon such admission price. The five 1/ 1,1ords and/ar figures stricken through shall be deleted, Underscored words constitute the amendment proyosed, Remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material, w thousand dollars ($5,000.00) per ray or 4'i€teeM {�} ten (.10) percent of the dross admission price shall include electricity, but the sponsor shall pay all other event costs, including, but not limited to, security, crowd control, electricians, custodial person- nel, office attendants, elevator operators, cleanup, and other like expenses. (c) For use of the entire stadium seating area for an event taking place on the field, there shall be assessed a fee which shall be the greater of ten thousand dollars ($10,000.00) per day or a city tag: on each admission to the stadium of €i€been-Ei5} ten (10) percent of the cross price, as established by the sponsor, on — each admission ticket sold by the sponsor of the event to be held in the stadium, less any federal, state, or locally imposed tax payable upon such admission price. The ten thousand dollars ($10,000.00) per day or -f-i teen-k15} Len (10) percent of the gross admissions price shall include electricity, but the sponsor shall pay all other event costs, including, but. not limited to, security, crowd control, electricians, custodial personnel, office attendants, elevator operators, cleanup, and other like expenses. (d) For use of the entire stadium and the field (for festival seating), there shall be assessed a fee which shall be the greater of fifteen thousand dollars ($15,000.00) per day or a city tax on each admission to the stadium of €i€- teeth-kj-5} 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 the stadium, less any federal, state or locally imposed tax payable upon such admission price. The fifteen thousand dollars ($15,000.00) per day or f-+feeett-kl;} twelve (12) percent of the gross admission price shall include electricity, and Police Department Personnel required for traffic control and crowd 9328 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, elevator oper- ators, cleanup and other like expenses. (e) When an event sponsor has requested the use of the stadium for more than one (1) event during a sixty (60) day period and said use has been heretofore described in either subsec- tions (b) or (c) of the herein section, the minimum use fee assessed for each event during said period will be reduced to one-half (1/2) the amount stated in said sub- sections (b) or (c) hereof. The cif tax and event costs described in each of said subsections (b) and (c) hereof will remain the same and will be assessed on a per event basis. (2) 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. Sponsors shall be per- mitted to issue complimentary tickets to their event in an amount equal to a maximum of one (1) percent of the total tickets sel4 authorized by the city to be printed for the event, and if the city's audit conducted subsequent to the event reveals that the complimentary tickets were issued in an amount exceeding one (1) percent of the total ticket sales manifest, then the sponsor will be required to pay the'f�i€teen {154-pereent required city tax on that number of complimentary tickets which exceed the one (1) percent. The €litee»-41=53 pereent- city tax assessed on the excess complimentary tickets shall be paid on the 'average' ticket price charged by the sponsor for that event. (3) Section 2. All ordinances, or parts of ordinances, insofar as they are inconsistent or in conflict with the provisions of this ordinance, are hereby repealed. Section 3, If any section, part of section, paragraph, clause, phrase or 4 9328 f word of this ordinance is declared invalids the remaining provisions of this ordinance shall not be affected. Section 4. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED this 24th day of September 1981. �. Maurice A. Ferre M A Y 0 R ATTESTt i ,t RALPH G.�ONGIE, CITY"CLERK PREPARED AND APPROVED BY: — ROBERT F. CLARK - ASSISTANT CITY ATTORNEY - APPYV-s AS TO FO M AND CORRECTNESS; GEO GJ F. KNOX, JR. W CITY TORNEY SURVEY RENTAL RATES OF MAJOR LEAGUE FACILITIES FOR OUTSIDE EVENTS NAME OF STADIUM MINIMUM % OF GROSS COPIMENTS r1pli4rE BOI-,L STADIUM, MIAMI, FL $15,000.00 15% REQUESTING CHANGE TO 10% and 12% rATOR FOWL, JACKSONVILLE, FL 500.00 10% DAY and TAIMPA STADIUM, 17L -711.1(7FINE ORLANDO, FL NEGOTIABLE $ 6,000.00 12% NIGHT 10% NEGOTIABLE 10% NEGOTIABLE 7NAHEI1,11 STADIUM, CA $ 5,000.00 10% - OS AI'GELES COLISEUM, CA $ 3,000.00 15% TN OAXLAND COLISEUM, CA $ 5,000.00 10% CANDLESTICK PARK, SAN FRANCISCO, CA NEGOTIABLE 10% SUPERDOME, NEW ORLEANS, LA $ 5,000.00 12% METRO STADIUM, BLOOMINGTON, M114N NEGOTIABLE 10% I;USCIJ STADIUM, ST- LOUIS, MO $ 3,500.00 15% GIANTS STADIUM, NEW JERSEY $15,000.00 15% ck PIVERFRONT STADIUM, CINCINNATI, OHIO $25,000.00 12.5% CLEVELAND STADIUM, OHIO NEGOTIABLE 15% NEGOTIABLE EVEN OUTSIDE LITTLE OR NO TAMPA HAS BEEN AGRESSIVELY ACTIVE WITH OUTSIDi. - i-ITS ORLANDO HAS BEEN AGRESSIVEL7x' ACTIVE WITH OUTSIt. EVENTS - MIAMI'S BIGGEST COMPETITION VERY ACTIVE IN OUTSIDE EVENTS LOSES MOST OUTSIDE EVENTS TO ANAHEI'll VERY ACTIVE IN OUTSIDE EVENTS MANAGEMENT NOT INTERESTED AS LONG AS GIANTS D! Aim OVER 1,8 MILLION VERY ACTIVELY GATE SOLICITING OUTSIDE EVENTS VERY ACTIVE IN OUTSIDE EVENTS NOT ACTIVE IN OUTSIDE EVENTS ACTIVE IN SUMMER OUTSIDE EVENTS - IN SUMMER YAk! I i. AND METS STADIUMS NOT AVAILABLE NOT ACTIVE IN OUTSIDE EVENTS WAS VERY ACTIVE IN OUTSIDE EVENTS BECAUSE OF NEGOTIABLE RATE. NEW STATE LAWS HAS VERTUALLY CLOSED DOWN CLEVELAND STADIUM i d f NAME OF STADIUM THREE RIVERS STADIUM, PITTSBURGH, PA VETEF.%NS STADIUM, PHILADELPHIA, PA KINGDOME, SEATTLE, jtiASHINGTOiN MINIMUM Y ,.ivv•vv $5,000.00 $2,500.00 % OF GROSS 10a 10% 10% COMMENTS WOULD LIKE TO BE MORE ACTIVE VERY SELECTIVE AS TO USE BECAUSE OF LARGE BASEBitl.l. CROWDS. ttiILL USE OLD J.F.K. STADIUM ONCE OR A YEAR MOST ACTIVE FACILITY IN THE UNITED STATES Howard V. Gary City Manager CITY OF MIAMI. FLORIDA INTER-C)FrICE MEMoPANDUM �7F August 17, 1981 FILE Change in Rental Rates for use of Orange Bowl Stadium -ti—t Ces Odio F �, Sec. 53-131 Ass i stant City Manager - An Ordinance amending Subsection (B) of Section 53-131 -- �-'�- of the code of the City of Miami, Florida, 1980, as amended, governing tax on admissions for use of Orange Bowl Memorial o� Stadium, is recommended by the Department of Stadiums and Marinas. Per this Ordinance amending Section 53-131, the tax on admissions to the Orange Bowl Memorial Stadium for the use of the stadium has been decreased from 15% to 12% and 100 of the gross admission price, respectively. The proposed 10% use rate at the Orange Bowl would apply to sports oriented activi- ties such as soccer, wrestling, boxing and big screen video sports events such as the "Holmes -Ali" fight held at the Orange Bowl last year. The "Holmes -Ali" fight generated the following additional revenue for the Orange Bowl: Attendance, 15,851 - Rental (10U of: gross) $30,162.70 Parking $ 6,847.52 Concessions $10,089.09 - Total $47,099.31 The proposed 12% use rate at the Orange Bowl would apply only to Musical Concerts such as Country and Western, rock, pop and others with the additional 20 to be used to offset police costs. The Stadium Manager has been trying to encourage Promoters to bring Musical Concerts into the Orange Bowl. - A good Country and Western or Rock Show could produce the following estimated addi- tional revenues to the Orange Bowl: 3208 Howard V. Gary rage 2 August 11, 1981 City Manager City Gross Income 12% Rental = Est. 60,000 attendance Based on $12.50 per ticket $750,000 $ 90,000 Parking - Est. Based on $4.00 per space $ 13,200 Concessions - Est. Based on $2.00 per cap or $120,000 gross $ 36,000 Total Est. $139,200 Less Est. Security Costs $ 13,500 Net Income $125,700 It should be noted that the additional 2% is to be used to offset police costs. Based on the hypothetical Country and Western or Rock Show this would generate $15,000. This amount is slightly in excess of the $13,500 anticipated costs for the event. All other costs such as medical staff, ushers, ticket takers, sellers, rest room attendants, electricians, cleanup, etc., are still paid by the user. We have attached a rental survey of Major League Facilities for outside or extra events for your review and consideration. It is requested that this proposed Ordinance be scheduled on the next City Commission agenda.