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ORDINANCE NO1`* 9231
AN EMERGENCY ORDINANCE AMENDING SECTION 31-37
OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980),
AS AMENDED, DEALING WITH THE REVOCATION AND SUS-
PENSION OF OCCUPATIONAL LICENSES BY AMENDING
PARAGRAPH (8) OF SUBSECTION (a) AND PARAGRAPH (2)
OF SUBSECTION (b) OF SAID SECTION 31-37 TO EXPRESSLY
PROVIDE FOR A HEARING BEFORE THE CITY MANAGER OR HIS
DULY DESIGNATED AGENT PRIOR TO ANY SUSPENSION OF ANY
OCCUPATIONAL LICENSE AND TO PROVIDE THAT JUDICIAL
ENJOINING OF THE SELLING, LENDING, OR TRANSMITTING
OF MATERIAL FOUND TO BE OBSCENE, LEWD, LASCIVIOUS,
FILTHY OR INDECENT UNDER FLORIDA LAW CONSTITUTES
GROUNDS FOR REVOCATION OR SUSPENSION OF AN OCCU-
PATIONAL LICENSE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
WHEREAS, Ordinance No. 9211, adopted December 17, 1980 as an
emergency measure, regulating the licensing of occupational activi-
ties within the City of Miami only impliedly provided for the hold-
ing of a hearing by the City Manager before he could suspend a City
occupational license; and
WHEREAS, the herein proposed ordinance will expressly provide
for a hearing prior to any suspension of an occupational license;
and
WHEREAS, the expressed grounds for suspension of an occupational
license in said Ordinance No. 9211 did not include the judicial enjoin-
ing of selling, lending or transmitting of material found to be obscene,
lewd, lascivious, filthy or indecent under Florida law; and
WHEREAS, under the herein proposed ordinance the judicial enjoin-
ing of selling, lending or transmitting of such unlawful material will
constitute grounds for revocation or suspension of an occupational
license;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. Section 31-37 of the Code of the City of Miami,
Florida (1980) as amended, is hereby further amended in the following
l/
particulars:
1/ Words and/or figures stricken through shall be deleted. Underscored
words and/or figures constitute the amendment proposed. The remain-
ing provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged provisions.
"Sec. 31-37.
(a) Revocation of licenses.
The Citv Manager shall revoke the license of any individual,
Partnership or corporation holding a license under this Chapter
where it is determined by the Citv Manager, or his duly desig-
nated agent. after a hearing. that:
(8) the li-ensee, subsequent to being issued a license.
has had a permanen.: injunction in the form of an Order and
Final Judgment entered against said licensee enjoining, re-
straining or preventing the licensee from exhibiting, er show-
ing, 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 Statute 847.011 as written or construed,
after said material(s) have undergone an adversary judicial
hearing as required by law.
(b) Revocation and Suspension Hearings.
(2) The City Manager shall suspend the license of any
person, partnership or corporation holding a license under
this chapter where it is determined by the City Manager or his
duly designated agent, after a hearing, that the licensee,
subsequent to being issued a license, has had a temporary injunc-
tion or restraining order entered against the licensee, enjoining,
restraining or preventing the licensee from exhibiting,er show-
ing, selling, lending or transmitting, any motion picture(s),
film(s), book(s), video tape(s), magazine(s) or other material
that have been found to be obscene, lewd, lascivious, filthy
or indecent pursuant to Florida Statute 847.011 as written or
construed, after said material(s) have undergone an adversary
judicial hearing as required by law, provided however that an
agreed or stipulated temporary injunction shall meet-the-require-
rilCttts-ef-seetres-��}-}�eren also constitute grounds for suspen-
sion by the City Manager. The above mentioned suspension order
shall only be directed at the business premises subjected to
the provisions of the Temporary Injunction. The procedure for
the herein hearing shall be the same as outlined in Section
31-37(b)(1) hereof. The City Manager shall enter his findings
in writing within 10 days after a hearing with a copy being
furnished to the licensee,
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, sentence, clause, phrase or word
of this ordinance is for any reason held or declared to be uncon-
stitutional, inoperative or void, such holding or invalidity shall
not affect the remaining portions of this ordinance, and it shall
be construed to have been the intent of the City Commission to pass
-2-
P' 9231 W
this ordinance without such unconstitutional, invalid or inopera-
tive part therein, and the remainder of this ordinance shall .be
deemed and held to be invalid as if such parts had not been inclu-
ded therein.
Section 4. This ordinance is hereby declared to be an emer-
gency measure on the ground of urgent public need for the preserva-
tion of peace, health, safety and property in the City of Miami.
Section 5. 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 22nd day of January , 1981.
MAURICE A. FERRE
M A Y 0 R
ATTEST:
LPH 19. ONGIE, CITY CLEW
PREPARED AND APPROVED BY:
_ C
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPE WEV AS TO FORM AND CORRECTNESS:
GEOMEJr. KNOX , JR.
CITY AJFJORNEY
-3-
Ili , 9k,3 1 4
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANOUM
,0
Honorable Members of the tATE January 15, 1981 F;LE
Commission
-
SUBJEC7 Amendment of City Occupa-
tional Licensing Procedures
rge F . Knox, J REFERENCES
ity
Attorney (l�
E"JCL^�L'4 E5
•
On December 17, 1980, the City Commission adopted Ordinance
No. 9211, concerning the general licensing procedure for
occupational activities within the City. Although there
was an express provision for a hearing prior to the revoca-
tion of a license, there was only an implied provision for
such hearing prior to a license suspension. The said ordi- -
nance also declared that judicial restraining or enjoining
_
—
of "exhibiting or showing"of material found to be.obscene,
lewd, lascivious, filthy or indecent under Florida law would —
constitute grounds for revocation or suspension. The attached —
proposed ordinance enlarges these grounds to include "selling, _
lending or transmitting" of such unlawful material.
-
This Office recommends adoption of the proposed ordinance to
cure the above deficiencies. —
—
GFK/RFC/rr
cc: Richard Fosmoen
—
City Manager '-
t
t
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays at Miami, Dade County, Florida
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
SARAN WILLIAMS, Director of Legal
Advertising
of the Miami Review and Daily Record, a daily (except Saturday,
Sunday and Legal Holidays) newspaper, published of Miami in
Dade County, Florida; that the attached copy of advertisement,
being a Legal Advertisement or Notice in the matter of
CITY OF MIAMI
........................ ............ .......................... ... ........... I ..... _I ..... .... .........
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Re: Ordinance 9231 i
............................... ..................... .... ....... ............................
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inthe ............. ................ .... _.X %�...%�......... ... .... ...... .._ _ Court,
was published in said newspaper in the issues of
January ... 27-,_1981 .............. __
....... ... ........... .............. .... ....... ........... ........ ........... .......... .... ................. ..I...
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 p4biication of the attached copy of advertisement; and
affiant tOrtler says a has neither paid nor promised any
person, fir X,or�frah�'pn an iscount, rebate, commission or
refund a •ofF ing this advertisement for
public�ti iid
E•.�]
(SEAL)
7q
U` t Sworn t4iAid
J.
h. Jan�a
)scribed before methis
A.D 19 .8.....
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CITY OF MIAMI
DADS COUNTY, FLORIDA
LEGAL NOTICE
All Interested persons will take notice that on the 22nd day of
January, 1981, the City Commission of Miami, Florida, adopted the
following titled ordinances:
ORDINANCE NO. 031 o
AN EMERGENCY ORDINANCE AMENDING SECTION 31-27
OF THE CODE OF THE CITY OF MIAMI, FLORIDA (19110),
AS AMENDED, DEALING WITH THE REVOCATION AND
SUSPENSION OF OCCUPATIONAL LICENSES BY
AMENDING PARAGRAPH (6) OF SUBSECTION (a) AND
PARAGRAPH (2) OF SUBSECTION 0Y OF SAID SECTION
31-37 TO EXPRESSLY PROVIDE FOR A HEARING BEFORE
THE CITY MANAGER OR HIS DULY DESIGNATED AGENT
PRIOR TO ANY SUSPENSION OF ANY OCCUPATIONAL
LICENSE AND TO PROVIDE THAT JUDICIAL ENJOINING
OF THE SELLING, LENDING, OR TRANSMITTING OF
MATERIAL FOUNDTO BE OBSCENE, LEWD, LASCIVIOUS,
FILTHY OR INDECENT UNDER FLORIDA LAW
CONSTITUTES GROUNDS FOR REVOCATION OR
SUSPENSION OF AN OCCUPATIONAL LICENSE:
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. 9232
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 91", ADOPTED NOVEMBER 6, 1980, THE CITY'S
CAPITAL IMPROVEMENT APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR 198041, BY REVISING
AND DECREASING THE APPROPRIATIONS FOR FIRE
STATION NO. 9 (ITEM III.B,1.), FOR FIRE APPARATUS
ACQUISITION, REPLACEMENTS AND MODIFICATIONS
( ITEM II I.B.S.) AND FOR THE NEW CITY
ADMINISTRATION BUILDING (ITEM III, B.6.
TRANSFERRED TO 'ITEM IX.113.0116.); BY
APPROPRIATING FROM THE 1916 FIRE FIGHTING, FIRE
PREVENTION AND RESCUE FACILITIES BOND FUND AN
AMOUNT OF S475,000 FROM ANTICIPATED BOND SALES
AND AN AMOUNT OF $75,000 FROM INTEREST ACCRUED
IN FISCAL YEAR 1981 TO INCREASE APPROPRIATIONS
FOR FIRE STATION NO. 7 (FORMERLY STATION NO. 14)
(ITEM 111.8.3.), RESCUE SERVICE APPARATUS AND
EQUIPMENT (ITEM 111,8.4.), NEW CITY
ADMINISTRATION_ BUILDING (ITEM 111.6.6.
TRANSFERRED TO ITEM M.S. (06J, BREATHING
APPARATUS (ITEM III.B.7.), HOSE TOWERS, FIRE
PREVENTION VEHICLES ANDOTHER FIRE EQUIPMENT'
(ITEM III.B.B.), FIRE BOAT (ITEM 111.8.10.), COMPUTER
AIDED DISPATCH SYSTEM (ITEM IIi.B.11.) AND FIRE
TRAINING FACILITY AND CLOSED CIRCUIT TELEVISION'
SYSTEM (ITEM III.B.12.); CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE AND
DISPENSING WITH THE REQUIREMENT.OF READING
THE SAME ON TWO (2) SEPARATE DAYS BY A VOTE OF
NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF
THE COMMISSION.
ORDINANCE NO. 9233
AN ORDINANCE AMENDING SECTIONS 2 AND 5 OF
ORDINANCE NO. 91", ADOPTED OCTOBER 3, 19E)0, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE
FISCAL YEAR ENDING SEPTEMBER 30,' 1981, AS
AMENDED; BY INCREASING THE APPROPRIATION FOR
INTERNAL SERVICE FUNDS, PRINT SHOP, BY $114.083,
BY INCREASING ANTICIPATED REVENUES IN THE
SAME AMOUNT; TO ALLOW FOR THE CITY-WIDE
ADMINISTRATION OF PRINTING AND BINDING OUTSIDE
COSTS BY THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE;. CONTAINING A REPEALER
PROVISION 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.
ORDINANCE NO.9234
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY
GRANT APPROPRIATIONS ORDINANCE, AS AMENDED,
BY ESTABLISHING A NEW TRUST AND AGENCY FUND.
ENTITLED: "YORUBA/SPANISH HERITAGE PROGRAM";
APPROPRIATING FUNDS FOR THE OPERATION OF
SAME IN THE AMOUNT OF $15,64 CONSISTING OF 89,000
FROM THE NATIONAL ENDOWMENT FOR THE ARTS AND
$ 4000 FROM THE CITY OF MIAMPS FISCAL YEAR 191041
MATCHING FUNDS FOR GRANTS ACCOUNT;
CONTAINING A REPEALER PROVISION 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.
ORDINANCE NO. "35
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
No. 0719, ADOPTED OCTOBER 21, 1077, THE SUMMARY
GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, ..
BY INCREASING THE APPROPRIATION FOR. THE TRUST
AND AGENCY FUND ENTITLEP: "KWANYJI FESTIVAL
UM YEAR)" BY AN ADDITIONAL RRVENUK'OF $156008 .
FROM S6i M TO 1111Ob08L FOR THR OPERATION OF SAME;
SAID REVENUE TO Of PROVIDED IRY V4E NATIONAL
ENDOWMENT FOR THE ARTS; CONTAINING A
REPEAL#R PROVISION AND A SEVOWIl ITY CLAU$I9j
AND OIs:PE:NSIN$_ WITH THE
nnaea NOT "SSTTWO FQUR FIF]'#4 Of.
EMERGENCY ORDINANCE REGULATING . t
_ING. LEASING OF REAL PROPERTY' PREMISES
FIRM OR CORPORA
OR SPACE FOR THE
OR OFFERING 1
MERCHANDISES IN
LICENSE(S) TO SO ENGAGE► PRIOR TO MAKING SAID
REAL PROPERTY, PREMISE 61t.SPACE ,AVAILABLE;
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 LESS THAN FOUR -
FIFTHS OF THE MEMBERS OF THE COMMISSION.
ORDINANCE NO. 9237
AN ORDINANCE AMENDING ORDINANCE NO. 6671, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF W'LY 150' OF S % OF N.E. 10 OF S.E. W OF S.W. 1A OF
SECTION 3Z TOWNSHIP S3S; RANGE 41E; UNPLATTED,
BEING APPROXIMATELY 901 N.W. 43RD AVENUE, FROM
R•3 (LOW DENSITY MULTIPLE) TO C.2 (COMMUNITY
COMMERCIAL) DISTRICT, AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP
MADE A PART OF SAID ORDINANCE NO. 61171, BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2 THEREFORE: BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO. 9238
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF LOTS IIA AND 12A LESS THE PORTION TAKEN FROM
SR 036; BLOCK 1; LEJEUNE GARDEN ESTATES AMD (40-
65), BEING APPROXIMATELY 4245 N.W. i1TH STREET,
FROM R•3 (LOW DENSITY MULTIPLE) TO C-4 (GENERAL
COMMERCIAL), AND BY MAKING THE NECESSARV
CHANGES IN THE ZONING DISTRICT MAP MADE A PART
OF SAID ORDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTION IN ARTICLE 111, SECTION 2 THEREOF; BY
REPEALING -ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT AND CONTAINING A
SEVERA131LITY CLAUSE.
ORDINANCE NO. 9239
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF LOTS 11, 12,13 AND 14; BLOCK S; GLENCOE SUB (5.119),
BEING APPROXIMATELY 1642-0 SOUTH BAYSHORE
COURT, FROM R-3 (LOW DENSITY MULTIPLE) TO R-4
(MEDIUM DENSITY MULTIPLE DWELLING) DISTRICT,
AND BY MAKING THE NECESSARY CHANGES IN THE
ZONING DISTRICT MAP MADE A PART OF SAID
ORDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTION IN ARTICLE 111, SECTION 2, THEREOF; BY
REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
RALPH G. ONGIE '
City Clerk
Miami, Florida
Publication of this Notice on the 27 day of January 1981
1/27 Mll-012752