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HomeMy WebLinkAboutO-09242TVP/wpc/o 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 ED . ,.: ..l3th,.ray �.... ....... tq......&1 ................. '. '•.. YWN 31 YY�` Public, StatC� �TjfYida arge My emmis9lon exp, u�qoSept. 6, BI. 111rttut, t ■ (SEAL) .9 1 , i Lr.r"J OD ro a} CRY OF MAW 0.4 tb • 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: • w,•... ..e✓�.. .. .:',✓yri ...++. a:FtMQ\ , ..e,•'w._,r+'we+MwMF•..c. ._. 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