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2/9/81
ORDINANCE NO. 9 24 4 2
AN EMERGENCY ORDINANCE AMENDING SECTION 31,
ENTITLED "LICENSES, MISCELLANEOUS BUSINESS
REGULATION" OF THE CODE OF THE CITY OF MIAMI,
FLORIDA (1980), AS AMENDED, IN THE FOLLOWING
RESPECT: BY ADDING A NEW SUBSECTION 31-10
WHICH ESTABLISHES A NEW FIVE DAY OCCUPATIONAL
LICENSE CLASSIFICATION AND TAX FOR THOSE
INDIVIDUALS OR FIRMS ENGAGED IN THE BUSINESS
OF EXHIBITING, SELLING OR OFFERING FOR SALE,
GOODS, WARES, OR MERCHANDISE, IN CONJUNCTION
WITH AN OPEN AIR, OUTDOOR, CULTURAL, ART,
FOLK OR STREET FESTIVAL; PROVIDING FOR THE
ASSESSMENT AND COLLECTION OF A LICENSE TAX;
CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE; DISPENSING WITH THE REQUIRE-
MENT OF READING THE SAME ON TWO SEPARATE DAYS
BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
WHEREAS, the City of Miami is in recognition of the annual
cultural displays and public exhibitions that have become a
vital and essential part of this community; and
WHEREAS, the vendors participating in these events are re-
quired to obtain an occupational license to sell their wares;
and
WHEREAS, the City Commission recognizes that since these
licenses are issued on an annual basis, a temporary license
might be more appropriate; and
WHEREAS, the City Manager has recommended the establishment
of a new five-day occupational license;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Chapter 31 of the City Code is hereby amended
by adding a new sub -section (31-10) to read as follows:
[ CHAPTER 31 ]
[ LICENSES AND MISCELLANEOUS BUSINESS REGULA- ]
[ TIO14S ]
[ ARTICLE I. IN GENERAL. ]
Above bracketed portion merely indicates
proper location for herein amended material.
G0
"Sec. 31-10, Five -Day Occupational License in
Conjunction With Open Air, Outdoor,
Cultural, Art, Folk or Street
Festivals.
It shall be unlawful for any person to engage
in the business of exhibiting, selling or offer-
ing for sale, goods, wares or merchandise in con-
junction with an open air, outdoor, cultural, art,
folk or street festival in the City of Miami, with-
out having first filed an application for a five-
day business license on the prescribed form with
the Director of Finance."
Section 2. Section 31-48 of the Code of the City of Miami,
Florida, effective September 1, 1980, as amended, is hereby
amended in the following particulars: l/
[ CHAPTER 31 ]
[ LICENSES AND MISCELLANEOUS BUSINESS REGULA-
TIONS ]
[ DIVISION 2. SCHEDULE OF LICENSE TAXES ]
Above bracketed portion merely indicates
proper location of amended material.
"Sec. 31-48. Established.
M
The assessments of license taxes are
hereby fixed as follows:
E
Exhibitors:
(a)
(b) Sellers of goods, wares and merchandise
in conjunction with open air, outdoor, cultural,
art folk or street festivals, or similar occupa-
tion. Said occupational license is valid for a
five-day period. 30.00
Section 3. All ordinances, code sections or parts thereof
in conflict herewith, insofar as they are in conflict, are
hereby repealed.
Section 4. If any section, sentence, clause, phrase or
word of this ordinance is for any reason held or declared to be
unconstitutional, inoperative or void, such holdings or invalid-
ity shall not affect the remaining portion of this ordinance.
Section 5. The requirements of reading this ordinance on
1/ Underlined words and/or figures constitute the amendment
proposed. The remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged material.
9w42
, j_r
two separate days is hereby dispensed with by a four -fifths vote
of the Members of the Commission.
PASSED AND ADOPTED this 11th day of February , 1981.
ATTES MaUrice A. Ferre
,iAURICE A. FERRE, MAYOR
WAULFV. VNGIE, CITY CLERK
PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS:
r �w
XRY V. PERCY ROBERT F. CLARK �—
AS ISTANT CITY ATTORN Y ACTING CITY ATTORNEY
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Richard L. Fosmoen
City Manager
FROM. Angel R. Belf1my
Assis nt toManag
c
o.,TE, February 10, 1981 FILE
5 �_= Emergency Ordinance Creating
A Special Five -Day Occupational
License
REFERENCES
ENCLOSURES
It is recommended that an Emergency
Ordinance be passed creating a Special —
Occupational License for festivals and
cultural events held in the City for a —
fee of $30.
The City Code currently requires all persons selling goods, wares,
or merchandise within City limits to obtain an Occupational License
which is valid for a period of one year. The annual fee for selling
retail merchandise is $76 and food, $38.
There are several festivals held within the City of Miami in which
the persons vending are doing so only for that single event. It
appears that the current annual assessment for these one-time
vendors is not equitable. It is, therefore, proposed that a Special
Occupational License be created which would be valid only during the
specific festivals and cultural events. However, this license will
not be valid for more than a five-day period at one time.
9# 12
MIAMI REVIEW
AND DAILY RECORD of
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 Supervisor, Legal Advertising of the Miami
Review and Daily Record, 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 or
Notice in the matter of
..Legal.. Notice..........................................................
Re: Adoption of Ordinance No.9242
by, the.. City.. Com ssion. of Miami
inthe..........................X........X.........X................. Court,
was published in said newspaper in the issues of
Februc-ay...12,.13.,...1981....................
.................................................-..............................................
Affiant further says that the said Miami Review
and Daily Record 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 first publication of the attached copy of
advertisement; and affiant further says that she has
neither paid nor promised any person, firm or
corporation any discou rtili► ommission or refund
for the purpose o/ 14kerlisement for
p ication in fh�►S id n ape ��i
......�.. . ...............'
.5,4.rn to -Ind suft4ribed•bClors me this
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Public, StatC� �TjfYida arge
My emmis9lon exp,
u�qoSept. 6, BI.
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LLRGAL NOTICE:
All Interested will take notice that on the I Ith day of Febtttatt
1981, the City Commission of Miami, Florida adopted the following
titled ordinance:
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ORDINANCE NO.0249 M
AN EMERGENCY ORDINANCE AMENDING SECTION 31, ENTITLED
"LICENSES, MISCELLANEOUS BUSINESS REGULATION" OF
THE CODE OF THE CITY OF MIAMI, FLORIDA 09111% AS AMENDED,
IN THE FOLLOWING RESPECT: BY ADDING A NEW SUBSECTION
31.10 WHICH ESTABLISHES A NEW FIVE DAY OCCUPATIONAL
LICENSE CLASSIFICATION AND TAX FOR THOSE INDIVIDUALS
OR FIRMS ENGAGED IN 171E L"MNESS OF EXHIBITING, SELLING
OR OFFERING FOR SALE, GOODS, WARES, OR MERCHANDISE,
IN CONJUNCTION WITH AN OPEN AIR, OUTDOOR, CULTURAL,
ART, FOLK OR STREET FESTIVAL; PROVIDING FOR THE
ASSESSMENT AND COLLECTION OF A LICENSE TAX;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; DISPENSING WITH THE REQUIREMENT OF READING
THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LgSS
THAN FOUR -FIFTHS OF THE MEMBERS OF THE COIN.,
RALPH G: ONGIE
'•'• N • CITY CLERK'
MIAMI, FLORIDA
FtA
(City Seal)
2112.13 M81-021274