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12/11/80
ORDINANCE NO. 9 !)1 1 1
AN EMERGENCY ORDINANCE AMENDING SECTIONS 31-1,
31-26, 31-28, 31-30, 31-33, AND 31-37 OF CHAP-
TER 31 ENTITLED "LICENSES, MISCELLANEOUS BUSI-
NESS REGULATIONS" OF THE CODE OF THE CITY OF
MIAMI, FLORIDA (1980), AS AMENDED, IN THE
FOLLOWING RESPECTS: BY ADDING A NEW SUBSEC-
TION (b) TO SAID SECTION 31-1 WHICH PROHIBITS,
SUBJECT TO CERTAIN EXCEPTIONS, MASSAGE SALONS AND
BATH PARLORS OR ANY SIMILAR TYPE BUSINESS WHEN
SPECIFIED PHYSICAL CONTACT IS PROVIDED THE
RECIPIENT OF SERVICES BY PERSONS OF THE
OPPOSITE SEX AND WHICH ALSO PROHIBITS UNDER
CERTAIN CONDITIONS ANY BUSINESS WHICH FEATURES
ADULT PRIVATE DANCING EXHIBITIONS WITH BOTH OF
THE ABOVE PROHIBITED BUSINESS ACTIVITIES, WHICH
ARE CURRENTLY IN EXISTENCE, BECOMING UNLAWFUL
AFTER SIX (6) MONTHS FROM THE EFFECTIVE DATE
OF THIS ORDINANCE; BY AMENDING SECTION 31-26
TO INCLUDE A SPECIFIC PENALTY PROVISION; BY REPEAL
OF SECTION 31-28 AND SUBSTITUTING A NEW SEC-
TION 31-28 TO PROVIDE FOR LICENSING PROCEDURES
INCLUDING GROUNDS FOR DENIAL OF SAID LICENSES; BY
AMENDING SECTION 31-30 TO PROVIDE FOR AN AUTOMATIC
SUSPENSION OF A LICENSE UPON FAILURE OF THE HOLDER
OF SAID LICENSE TO DISPLAY THE SAME TO ANY POLICE
DEPARTMENT PERSONNEL OR OTHER CITY OFFICIAL; BY
AMENDING SECTION 31-33 TO PROVIDE FOR THE IMPOSI-
TION OF THE PENALTY SPECIFICALLY PROVIDED IN CODE
SECTION 31-28; BY REPEAL OF SECTION 31-37 AND
SUBSTITUTING A NEW SECTION 31-37 TO ESTABLISH
GROUNDS AND PROCEDURES FOR REVOCATION AND SUSPEN-
SION OF LICENSES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
WHEREAS, the City of Miami is very concerned about the
high incidence of homicides and other acts of violence occur-
ring in certain liquor establishments throughout the City;
and
WHEREAS, the City of Miami believes that reasonable
exercise of its police powers are needed to promote the
general welfare of its inhabitants; and
WHEREAS, the City of Miami wishes to establish due pro-
cess procedures to determine on a case by case basis whether
activities at certain establishments are such as to threaten
the safety and welfare of the patrons or the general public,
thus, requiring a reevaluation of the occupational license
of that business; and
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WHEREAS, the City of Miami wishes to establish sufficient
guidelines specifically outlining those grounds for issuing,
revoking and suspending a license under this ordinance and to
sufficiently indicate to the City Manager and any licensee
what conduct may result in a revocation, suspension or failure
to issue a license; and
WHEREAS, the City of Miami is aware that illegal sexual
activity is occurring under the guise of administering massages
and furnishing adult private dancing;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Section 31-1 of the Code of the City of Miami,
Florida (1980), as amended, is hereby amended in the following
particulars: 1/
[ CHAPTER 31 J
[ LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
[ ARTICLE I. IN GENERAL. ]
Above bracketed portion merely indicates
proper location for herein substituted
material.
"Sec. 31-1. Certain occupations prohibited; exceptions to
prohibitions.
(a) It shall be unlawful for any person to engage in
the business of fortune-teller, card reader, palmist, clair-
voyant, hypnotist, spiritualist, phrenologist, crystal gazer,
or any other similar business in the city without first hav-
ing filed an application for a business license on the pre-
scribed form with the director of finance, which shall include,
if applicable, the address where the applicant operated such
business or a similar business during the past two years, and
without first having been photographed and fingerprinted by
the police department.
(b) It shall be unlawful for any individual,
partner -ship or corporation to engage in the business of, the practice
of, the performance of, or hold himself out to the public, for
a fee or compensation:
(1) As a business, whether it is a public or private
facility, operating as a massage salon, bath parlor, or any
similar We business, where any physical contact with the re-
cipient of such services is provided b� persons of the opposite
sex by way of rubbing, strokingp kneading, or-T-apl2ing the re-
cipient; provided, however, that this section shall not apply
to:
A. establishments which routinely provide
such services by a licensed physician, a licensed chiroprac-
tor, a licensed osteopath a licensed practical nurse or a
registered professional nurse;
1/ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures constitute the amendment
proposed. The remaining provisions are now in effect
and remain unchanged.
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H. electrolysis treatment by a licensed
operator of electrolysis equipment;
C. continuing instruction in martial or per-
forming arts or in organized athletic activities;
D. hospitals, nursing homest medical clinics
or medical offices; and
E. barbershops or beauty parlors which offer
massage to the scalp, the face, the neck or shoulders only.
(2) As a business which features dancers in a private
room or rooms for 10 people or less, displaying less than opaque-
ly covered: (a) human genitalia, (b) pubic region, (c) buttock,
or (d) female breast below a point immediately above the top of
the areola. -
Any of the businesses or occupations defined in section
31-1(b)(1) and (2) hereof existing on the date this ord-
inance is adopted shall be discontinued six (6) months
from the date this ordinance is adopted, and it shall be
unlawful for any such businesses to operate or to be en-
gaged in by anyone after said six month period.
No City Occupational License or permit shall be issued to
any individual, partnership or corporation to engage in=the
above -mentioned occupations. Any individual, partnerships or
corporation which is convicted of engaging in any of the above -
proscribed businesses shall, upon conviction, be punished by
not more than 60 days imprisonment or by a fine of not more
than five hundred dollars ($500.00), or both. The preceding
penalties are separate and distinct from any official action
taken in reference to the license suspension and revocation
procedures pursuant to this Chapter. Each day the proscribed
conduct occurs shall constitute a separate offense.
Section 2. Section 31-26 of the Code of the City of
Miami, Florida (1980), as amended, is hereby amended in the
following particulars: 1/.
[ ARTICLE II. LICENSES ]
[ DIVISION 1. GENERALLY ]
Above bracketed portion merely indicates
proper location for insertion.
"Sec. 31-26. Required; separate locations licensed
separately.
(a) As a condition precedent to engaging in or operat-
ing, in the city, any business, profession or occupation
referred to in section 31-48 hereof, whether as owner, agent,
em Io ee, manager or operator, a license shall be procured
from the city, as provided in this chapter, on or before October
1 of each year. Any individual, partnership or corporation
conducting any business, profession or occupation referred to
in section 31-48, whether as owner, agent, employee, manager or
operator who does not possess a valid and current occupational
license and display the same as required by section 31-30, shall
upon conviction be unished by not more than 60 days im risonment
or a fine of not more than five hundred dollars 500.00) or both.
Each day the above described violation occurs shall constitute a
separate offense.
1/ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures constitute the amendment
proposed. The remaining provisions are now in effect
and remain unchanged.
3
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(b) Such condition precedent shall apply, separately
and severally, to each place of location where any such bus-
iness, profession or occupation will be engaged in or operated,
regardless of the capacity in which the person or legal en-
tity, engaging in or operating such business, profession or
occupation, shall act, whether as owner, agent, manager or
operator."
Section 3. Section 31-28 of the Code of the City of Miami,
Florida (1980), as amended, is hereby amended by the repeal
thereof in its entirety and by substituting the following in
its place and stead:
"Sec. 31-28. Application procedure.
(a) No license shall be issued or granted to any appli-
cant therefor to engage in the business of selling merchandise
at retail or wholesale or in the practice or pursuit of any
profession or occupation coming within the categories mention-
ed in section 31-48, unless the applicant shall first make
application therefor and fill in an application form stating
the following:
(1) The applicant's name and address and the name
and address of the manager or operator of the business. The
type or classification for which the application pertains and
the relationship of the applicant to said business.
(2) The particular location in the city where he
proposes to commence business, and where the license tax is
based on area, capacity, capital invested and surplus, he
shall give the average value of the stock carried, number of
persons, animals or things employed or engaged, and the
quantity, valuation or other contingency.
(3) (A) If the applicant is a partnership, the
full name of the partnership and the names of the general
partners.
(B) If the applicant is a corporation, state
the exact corporate name as it appears on the corporate certifi-
cate and the state of incorporation. The name and address of
the resident agent mandated by 48.091, Florida Statutes, shall
be listed in the application.
(4) If the business is a corporation and it is to be
conducted under another name than that of the applicant, the
business name and county of registration under Section 865.09,
Florida Statutes.
(5) State whether any of the individuals listed
pursuant to Section 31-28(a)(3) hereof or whether the appli-
cant has had his license under the provisions of this Chapter
previously revoked or currently under suspension.
(6) The application form shall have at the
bottom thereof, just above the signature of the applicant, the
following language:
STATEMENT: This information is given freely
and voluntarily, and all the facts, figures
statements contained in this application are
true and correct.
(7) The applicant shall sign his name to the
application.
(8) Where the application is made for the
following licenses, the signature of the applicant shall be
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notarized: auction sales, beer and wine, liquor, secondhand
dealers, professional bondsmen and travel bureaus.
(9) The application shall contain a section
designated "emergency locator." The applicant shall fill out
as part of the license application the business address, name
of firm, name, resident address and resident phone number of
the owner, manager or other local persons to be notified in
case of fire or other emergencies. Any changes in such in-
formation during the period for which the license is issued
shall be made to the license division, in writing.
(10) The application for any intoxicating liquor
or cabaret or nightclub license shall contain a certification
under oath to be signed by the applicant stating that all re-
quirements of this Code and other city ordinances for such
issuance have been met. Such certication shall set out the re-
quirements of chapter 4 in full insofar as they apply to the
particular license.
(11) where application is made for a contractor's
license, it shall be accompanied by a properly signed duplicate
copy of the receipt from the director of public works or his
duly authorized representative, which receipt shall show that
the applicant has filed with the public works department the
following:
(A) A photocopy, photostat or duplicate copy
of a certificate of competency duly issued by
the proper authority of the county; and
(B) A certificate showing that the applicant
is covered by workmen's compensation and public
liability insurance equal to or exceeding the
minimum limits required by the county for con-
tractors, which certificate shall have been
signed by the qualified agent of the insurer,
showing the type of policy issued, policy number,
name of the insurer, effective date of the policy,
and the amount, and containing an endorsement
of the policy which provides that the insurer
shall give a 30-day written notice by registered
mail to the director of public works of the
intent to cancel the policy for any reason.
(12) The occupational license shall be signed by the
City of Miami employee issuing the same.
(b) Grounds for Denial.
(1) That the applicant has materially misrepresented
or failed to include the information mandated by this Chapter
in the application.
(2) That the applicant, individual, partnership
or corporation desiring to engage in the business applied
for in this application currently has that license under
suspension or revocation. Whenever any city license upon
any premises in the city has been revoked for any cause what-
soever, no subsequent occupational license shall be issued
by the city for the premises for a similar occupation or busi-
ness or profession to that which has been revoked for a period
of ninety (90) days subsequent to the effective date of the
revocation.
(3) That the applicant, individual, partnership or
corporation desiring to engage in the business as described in
the application has selected a proposed site that conflicts with
the Zoning Ordinances of the City of Miami."
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Section 4. Section 31-30 of the Code of the City of Miami,
Florida (1980), as amended, is hereby amended in the following
particulars: 1/.
[ ARTICLE II. LICENSES J
[ DIVISION I. GENERALLY ]
Above bracketed portion merely indicates
proper location of herein amendment.
"Sec. 31-30. Display.
All licenses issued by the city, unless otherwise
required by law, shall be displayed in the office or some
other conspicuous place within the licensed establishment or
on the premises thereof and shall be displayed to any police
department personnel or other official of the City of Miami
upon request during normal business hours. If the business
does possess a valid and current license but refuses to dis la
the same, as required by this section, said license -shall e
suspended immediately by the City Manager upon notification of
said refusal by the City Attorney. Upon said notification the
City Manager shall schedule a revocation hearing as mandated b
Section 31-37(B) of this Chapter. A revocation for failure to
display shall extend for a period of thirty (30) days."
Section 5. Section 31-33 of the Code of the City of Miami,
Florida (1980), as amended, is hereby amended in the following
particulars: 1/
( ARTICLE II. LICENSES ]
[ DIVISION I. GENERALLY J
Above bracketed portion merely indicates
proper location of herein amendment.
"Sec. 31-33. Penalty for late payment of license tax -
Original license.
Any person engaging in, managing, or operating any
business, profession, or occupation without first obtaining a
license shall be subject to a penalty of twenty-five (25) per-
cent of the license amount due, in addition to the penalty pro-
vided by Section 31-26 of this Chapter and in addition to any
other penalty provided by law or ordinance."
Section 6. Section 31-37 of the Code of the City of Miami,
Florida (1980), as amended, is hereby amended by the repeal
thereof in its entirety and the following is substituted in
its place and stead:
[ ARTICLE II. LICENSES ]
[ DIVISION I. GENERALLY ]
Above bracketed portion merely indicates
proper location of herein substituted material.
1/ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures constitute the amendment
proposed. The remaining provisions are now in effect
and remain unchanged.
G
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"Sec. 31-37.
(a) Revocation of licenses.
The City Manager shall revoke the license of any
individual, 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:
(1) the licensee has materially misrepresented or
failed to include the information required by this Chapter to
be included in the license application form;
(2) the licensee, subsequent to being issued a
license, has been convicted of, or plead guilty to, a violation
of a law of the State of Florida, or ordinance of Dade County
or ordinance of the City of Miami which affects the public
health, welfare and safety and which violation occurred as a
part of the main business activity licensed and not merely
incident thereto;
(3) the licensee, is conducting business from
premises which do not possess a valid and current Certificate
of Occupancy issued by the Building and Zoning Inspection De-
partment.
(4) the licensee, is conducting business from pre-
mises which do not possess a valid and current Certificate of
Use issued by the Building and Zoning Inspection Department.
(5) the licensee, subsequent to being issued a
license pursuant to this Chapter is engaging in any business
proscribed by Sec. 31-1 (b) herein.
(6) conduct is occurring at the licensee's premises
which constitutes a breach of the peace by threatening the
safety and welfare of the patrons or the general public and
which conduct is habitual and recurring.
(7) the licensee has obtained any permit, certificate
or license, including a license issued pursuant to this Chapter,
by misleading, deceiving or making false statements that were
relied upon by the City of Miami or any employee operating in
an official capacity in issuing the above mentioned permit(s),
certificate(s) or license(s).
(8) the licensee, subsequent to being issued a
license, has had a permanent injunction in the form of an Order
and Final Judgment entered against said licensee enjoining,
restraining or preventing the licensee from exhibiting or
showing 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.
(1) The City Attorney shall notify in writing the
City Manager forthwith of any violation of the enumerated grounds
for revocation of a license contained in Section A hereof.
Upon said notification, the City Manager shall schedule
a hearing at least 10 days from, but within 20 days of the date
of such notification. The City Manager shall notify in writing,
at least 5 days in advance, the licensee of the date, time and
place of said hearing and the specific charges. Said notice
shall be sent by registered mail, return receipt requested, to
the business address listed on the occupational license, or
said notice may be perfected upon any employee of said business
by any City of Miami police officer at the business address
7 9211
listed on the Occupational License. At said hearing, the licen-
see shall be given the opportunity to be represented by an
attorney, to make a record of the hearing by the use of a court
reporter, to call witnesses; to present documentary evidence,
and to otherwise properly present his position or defense.
The City Manager shall enter his findings in writing within 20
days after said hearing with a copy being furnished -to the
licensee, said findings shall include whether the license is
revoked or reinstated.
A revocation under this ordinance shall extend for a
period of 18 months, except as provided in section 31-30
herein, at which time a new application must be submitted.
Said period of time shall begin to run from the date the
revocation order is entered by the City Manager. Any final
decision of the City Manager may be appealed within thirty
(30) days to the Circuit Court of the Eleventh Judicial Circuit
of Florida.
(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 that
the licensee, subsequent to being issued a license, has had a
temporary injunction or restraining order entered against the
licensee enjoining, restraining or preventing the licensee from
exhibiting or showing 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 pur-
suant 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 stipu-
lated temporary injunction shall meet the requirements of
section (2) herein. The above mentioned suspension order shall
only be directed at the business premises subjected to the
provisions of the Temporary Injunction.
The City Manager shall enter his findings in writing
within 10 days with a copy being furnished to the licensee.
A suspension under section 2, above, shall extend from
the date the suspension order is entered until the temporary
injunction or restraining order described above is dissolv-
ed, at which time the suspension order is automatically termi-
nated. If the said temporary injunction or restraining order is
made a permanent injunction, by way of an Order and Final
Judgment, then the City Manager shall proceed as mandated by the
revocation provisions of this ordinance. The City Attorney shall
notify the City Manager within 30 days of the entry of the above -
mentioned Order and Final Judgment.
(3) The licensee shall be upon notice that his
- license has been suspended or revoked when notification of
suspension or revocation signed by the City Manager and notar-
ized, has been sent by registered mail, return receipt request-
ed, to the business address listed on the occupational license,
or where said notification has been served upon any employee of
the said business by any City of Miami police officer at the
business address listed on the occupational license."
Section 7. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this ordinance are hereby repealed.
Section B. 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 holding or
8 9211
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 this ordinance without such
unconstitutional, invalid, or inoperative part therein, and
the remainder of this ordinance shall be deemed and held to
be invalid as if such parts had not been included therein.
Section 9. This ordinance is hereby declared to be an
emergency measure on the ground of urgent public need for the
preservation of peace, health, safety and property in the
City of Miami.
Section 10. 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 1 7tb_day of December 1980
Maurice A. Ferre
MAYOR
CITYO(,t Itr
PR PAR D 7D,=V1,D, BY:
FRANK R. HARDER
ASSISTANT CITY ATTORNEY
D AS- TO FORM AND CORRECTNESS:
vuva u r • auwn, ua�•
CIT ATTORNEY
9
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
To Honorable Members of the ra*F December 16, 1980 FILE
City Commission_
General Licensing
Procedures Q=
cR::Y 7ero a F. Knox, Jr. ' =:t FF ��•.,. t_s
Cit Attorney
Cn
I.N LO F:U R L S
ew ��
The attached ordinances address certain deficiencies tha,!'.10 _
are present in City Code Chapter 31 dealing with occupa-
tional licenses. They are as follows:
1. The current revocation section does not set any guidelines
for issuing, revoking or suspending a license under the
ordinances. It also does not mandate procedures to be
followed when attempting to revoke a license. When there
are no guidelines, the courts have been prone to strike
down such procedures as allowing unfettered discrimination
in public officials to do as they please when dealing with
the rights guaranteed by the Constitution. The revocation
section now enumerates grounds for revocation along with
procedures to be followed.
The City Manager replaces the City Commission as the
official who conducts the numerous hearings required by
the ordinances.
2. The ordinances prohibit massage parlors and adult
private dancing - businesses that are currently dealt
with in the dispersal zoning ordinance (Comprehensive
Zoning Ordinance). Any preexisting business uses are
to be declared nonconforming in 6 months from the
passage of this ordinance, pursuant to opinions of the
federal judiciary allowing such prohibitions.
3. The ordinances address the issue of violence andhomi-
cides occurring at certain problem bars by allowing the
City to revoke licenses pursuant to Section 31-37(a)(6).
4. Under the new procedure, the license must be signed by
the employee issuing the same so that it can be deter-
mined who in fact issued a license if a problem develops.
►' 921 1
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
TO Richard L. Fosmoen
City Manager
Robert W. Parkins
Assistant to the City Manager
DATE December 16, 1980 FILE
SUBJECT Agenda Item F
High Crime Frequency Bars
REFERENCES
ENCLOSURES 1
As was noted in the distribution of the December 17, 1980 City Commission meeting
agenda to the Mayor and City Commissioners, the City Attorney will discuss an
Ordinance regarding the above subject.
They have provided a draft of this Ordinance, a copy of which is attached,
for distribution today so that the Mayor and City Commissioners can have an
opportunity to review this item prior to the workshop.
"I
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CITY OF MIAMi, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Members of the
TO
City Commission
ero a F. Knox, Jr. `
Cit Attorney
UatF: December 16, 1980 FILE
General Licensing,
Procedures c
v
rn
�F.cEUE'; r.LS i7
Cn
The attached ordinances address certain deficiencies that��'
v
are present in City Code Chapter 31 dealing with occupa-
tional licenses. They are as follows:
1. The current revocation section does not set any guidelines
for issuing, revoking or suspending a license under the
ordinances. It also does not mandate procedures to be
followed when attempting to revoke a license. When there
are no guidelines, the courts have been prone to strike
down such procedures as allowing unfettered discrimination
in public officials to do as they please when dealing with
the rights guaranteed by the Constitution. The revocation
section now enumerates grounds for revocation along with
procedures to be followed.
The City Manager replaces the City Commission as the
official who conducts the numerous hearings required by
the ordinances.
2. The ordinances prohibit massage parlors and adult
private dancing - businesses that are currently dealt
with in the dispersal zoning ordinance (Comprehensive
Zoning Ordinance). Any preexisting business uses are
to be declared nonconforming in 6 months from the
passage of this ordinance, pursuant to opinions of the
federal judiciary allowing such prohibitions.
3. The ordinances address the issue of violence andhomi-
cides occurring at certain problem bars by allowing the
City to revoke licenses pursuant to Section 31-37(a)(6).
4. Under the new procedure, the license must be signed by
the employee issuing the same so that it can be deter-
mined who in fact issued a license if a problem develops.
r 9211
Honorable Members of the -2- December 16, 1980
City Commission Re: General Licensing
Procedures
5. The ordinances mandate that the license not only be
posted, but also be displayed upon demand.
6. The ordinances call for the proper party in interest
to be adequately identified in case of litigation by the
City to enforce the provisions of the ordinance.
7. The ordinances treat adult movies and adult book stores
the same as any other movie or book store by addressing
only the issue of obscenity. The adult movie theatres
and book stores will be dealt with under the same licen-
sing chapter in order to avoid equal protection complaints.
8. The ordinances document the fact that a building must
have a certificate of use and a certificate of occupancy
in order for any business operating therein to have an
occupational license.
9. The ordinances provide a procedure for notifying the
licensee of any official action so that the licensee
cannot later claim he was not properly notified.
10. The ordinances provide a specific penalty for not
possessing a valid and current occupational license
rather than relying on the general penalty provisions
of the Code.
Because of the prevailing community situation which endangers
the health, welfare and safety of the citizenry, this office
recommends immediate passage of the two attached ordinances
which complement each other.
GFK/FRH/rr
L.1
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WHEREAS, the City of tliami is very concerned about the
high incidence of homicides and other acts of violence occur-
ring in certain liquor establishments throughout the City;
and
WHEREAS, the City of Miami believes that reasonable
exercise of its police powers are needed to promote the
general welfare of its inhabitants; and
WHEREAS, the City of tliami wishes to establish due pro-
cess procedures to determine on a case by case basis whether
activities at certain establishments are such as to threaten
the safety and welfare of the patrons or the general public,
thus, requiring a reevaluation of the occupational license
of that business; and
WHEREAS, the City of Miami wishes to establish sufficient
guidelines specifically outlining those grounds for issuing,
— revoking and suspending a license under this ordinance and to
sufficiently indicate to the City Manager and any licensee
what conduct may result in a revocation, suspension or failure
to issue a license; and
WHEREAS, the City of Miami is aware that illegal sexual
activity is occurring under the guise of administering massages
and furnishing adult private dancing;
NOW, THEREFORE, BE IT ORDAINED BY THE CO11MISSION OF THE
Cl'1 OF MIAMI, FLORIDA:
Section 1. Section 31-1 of the Code of the City of Miami,
Florida (1980), as amended, is hereby amended in the following
particulars:
iOk
[ CHAPTER 31 ]
[ LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS ]
[ ARTICLE I. IN GENERAL. ]
Above bracketed portion merely indicates
proper location for herein substituted
material.
"Sec. 31-1. Certain occupations prohibited; exceptions to
prohibitions.
(a) It shall be unlawful for any person to engage in
the business of fortune-teller, card reader, palmist, clair-
voyant, hypnotist, spiritualist, phrenologist, crystal gazer,
or any other similar business in the city without first hav-
ing filed an application for a business license on the pre-
scribed form with the director of finance, which shall include,
if applicable, the address where the applicant operated such
business or a similar business during the past two years, and
without first having been photographed and fingerprinted by
the police department.
(b) It shall be unlawful for any individual, partner-
ship or corporation to engage in the business of, the practice
of, the performance of, or hold himself out to the public, for
a fee or compensation:
(1) As a business, whether it is a public or private
facility, operating as a massage salon, bath parlor, or any
similar type business, where any physical contact with the re-
cipient of such services is provided by persons of the opposite
sex by way of rubbing, stroking, kneading, or tapping the re-
cipient; provided, however, that this section shall not apply
to •
A. establishments which routinely provide
such services by a licensed physician, a licensed chiroprac-
tor, a licensed osteopath, a licensed practical nurse or a
registered professional nurse;
B. electrolysis treatment by a licensed
operator of electrolysis equipment;
C. continuing instruction in martial or per-
forming arts or in organized athletic activities;
2
0
b. hospitals, nursing homes, medical clinics
or medical offices; and
E. barbershops or beauty parlors which offer
massage to the scalp, the face, the neck or shoulders only.
(2) As a business which features dancers in a private
room or rooms displaying less than opaquely covered: (a) human
genitalia, (b) pubic region, (c) buttock, or (d) female breast
below a point immediately above the top of the areola. Private
rooms are defined as rooms which are not open to the general
adult public and into which entrance is gained only by some type
of consideration exchanging between the general adult public and
the individual, partnership or corporation featuring the private
dancing.
Any of the businesses or occupations defined in section
31-1(b)(1) and (2), which are existing on the date this
ordinance is adopted shall be discontinued as such six (6)
months from the date this ordinance is adopted, and it shall
be unlawful for any such businesses to operate or to be en-
gaged in by anyone after said six month period.
No City Occupational License or permit shall be issued to
any individual, partnership or corporation to engage in the
above -mentioned occupations. Any individual, partnerships or
corporation which is convicted of engaging in any of the above -
proscribed businesses shall, upon conviction, be punished by
not more than 60 days imprisonment or by a fine of not more
than five hundred dollars ($500.00), or both. The preceding
penalties are separate and distinct from any official action
taken in reference to she license suspension and revocation
procedures pursuant to this Chapter. Each day the proscribed
conduct occurs shall constitute a separate offense.
Section 2. Section 31-26 of the Code of the City of
Miami, Florida (1980), as amended, is hereby amended in the
following particulars: 1/.
1/ tfords and/or figures stricken through shall be deleted.
Underscored words and/or figures constitute the amendment
proposed. The remaining provisions are now in effect
and remain unchanged. Asterisks indicate omitted and un-
changed material. All figures are rounded to the next
hundred dollars.
3
9 2 1 ]. j
j ARTICLE 11. LICENSES
DIVISION 1. GENERALLY j
Above bracketed portion merely indicates
proper location for insertion.
"Sec.. 31-26. Required; separate locations licensed
separately.
(a) As a condition precedent to engaging in or operat-
ing, in the city, any business, profession or occupation
referred to in section 31-48 hereof, whether as owner, agent,
employee, manager or operator, a license shall be procured
from the city, as provided in this chapter, on or before October
1 of each year. Any individual, partnership or corporation
conducting any business, profession or occupation referred to
in section 31-48, whether as owner, agent, employee, manager or
operator who does not possess valid and current occupational
license and display the same as required by section 31-30, shall -
upon conviction be punished by not more than 60 days imprisonment
or a fine of not more than five hundred dollars ($500.00) or both.
Each day the above described violation occurs shall constitute a
separate offense.
(b) Such condition precedent shall apply, separately
and severally, to each place of location where any such bus-
iness, profession or occupation will be engaged in or operated,
regardless of the capacity in which the person or legal en-
tity, engaging in or operating such business, profession or
occupation, shall act, whether as owner, agent, manager or
operator."
Annotation - The owner of apartment houses who dele-
gated all management duties in regard thereto to a corporation
was not "engaged in or operating any business, profession or
occupation" for which a license is required under this section.
City of Miami v. Schonfeld, 197 So. 2d 559.
1/ Words and/or figures stricken through shall be -deleted.
Underscored words and/or figures constitute the amendment
proposed. The remaining provisions are now in effect
and remain unchanged. Asterisks indicate omitted and un-
changed material. All figures are rounded to the next
hundred dollars.
4
Under former wording of this section, the same owner
was held in a prior case not to be "engaged in or managing
any business," having independently contracted for collection
of rents, etc., with a corporation. City of fliami v. Schon-
feld, 132 So. 2d 769.
Section 3. Section 31-28 of the Code of the City of Miami,
Florida (1980), as amended, is hereby amended by the repeal
thereof in its entirety and by substituting the following in
its place and stead:
"Sec. 31-28. Application procedure.
(a) No license shall be issued or granted to any appli-
cant therefor to engage in the business of selling merchandise
at retail or wholesale or in the practice or pursuit of any
profession or occupation coming within the categories mention-
ed in section 31-48, unless the applicant shall first make
application therefor and fill in an application form stating
the following:
(1) The applicant's name and address and the name
and address of the manager or operator of the business. The
type or classification for which the application pertains and
the relationship of the applicant to said business.
(2) The particular location in the city where he
proposes to commence business, and where the license tax is
based on area, capacity, capital invested and surplus, he
shall give the average value of the stock carried, number of
persons, animals or things employed or engaged, and the
quantity, valuation or other contingent:.
(3) (A) If the applicant is a partnership, the
full name of the partnership and the names of the general
partners.
(B) If the applicant is a corporation, state
the exact corporate name as it appears on the corporate certifi-
cate and the state of incorporation. The name and address of
the resident agent mandated by 48.091, Florida Statutes, shall
be listed in the application.
5
9211
(4) If the business is a corporation and it is to be
conducted under another name than that of the applicant, the
business name and county of registration under Section 865.09,
Florida Statutes.
(5) State whether any of the individuals listed -
pursuant to Section 31-28(a)(3)(A) hereof or whether the appli-
cant has had his license under the provisions of this Chapter
previously revoked or currently under suspension.
(6) The application form shall have at the
bottom thereof, just above the signature of the applicant, the
following language:
STATEMENT: This information is given freely
and voluntarily, and all the facts, f4gures
statements contained in this application are
true and correct.
(7) The applicant shall sign his name to the
application.
(8) Where the application is made for the
following licenses, the signature of the applicant shall be
notarized: auction sales, beer and wine, liquor, secondhand
dealers, professional bondsmen and travel bureaus.
(9) The application shall contain a section
designated "emergency locator." The applicant shall fill out
as part of the license application the business address, name
of firm, name, resident address and resident phone number of
the owner, manager or other local persons to be notified in
case of fire or other emergencies. Any changes in such in-
formation during the period for which the license is issued
shall be made to the license division, in writing.
(10) The application for any intoxicating liquor
or cabaret or nightclub license shall contain a certification
under oath to be signed by the applicant stating that all re-
quirements of this Code and other city ordinances for such
issuance have been met. Such certication shall set out the re-
quirements of chapter 4 in full insofar as they apply to the
particular license.
6 9211
n
(11) Where application is made for a contractor's
license, it shall be accompanied by a properly signed duplicate
copy of the receipt from the director of public works or his
duly authorized representative, which receipt shall show that
the applicant has filed with the public works department the
following:
(A) h photocopy, photostat or duplicate copy
of a certificate of competency duly issued by
the proper authority of the county; and
(II) A certificate showing that the applicant
is covered by workmen's compensation and public
liability insurance equal to or exceeding the
minimum limits required by the county for con-
tractors, which certificate shall have been
signed by the qualified agent of the insurer,
showing the type of policy issued, policy number,
name of the insurer, effective date of the policy,
and the amount, and containing an endorsement
of the policy which provides that the insurer
shall give a 30-day written notice by registered
mail to the director of public works of the
intent to cancel the policy for any reason.
(lode 1967, § 30-2).
(12) The occupational license shall be signed by the
City of Miami employee issuing the same.
(b) Grounds for Denial.
(1) That the applicant has materially misrepresented
or failed to include the information mandated by this Chapter
in the application.
(2) That the applicant, individual, partnership
or corporation desiring to engage in the business applied
for in this application currently has that license under
suspension or revocation.
(3) That the applicant, individual, partnership or
corporation desiring to engage in the business as described in
7
the application has selected a proposed site that conflicts with
the Zoning Ordinances of the City of Miami."
Section 4, Section 31-30 of the Code of the City of Miami,
Florida (1980), as amended, is hereby amended in the following
particulars% 1/.
[ ARTICLE II. LICENSES j
[ DIVISION I. GENERALLY j
Above bracketed portion merely indicates
proper location of herein amendment.
"Sec. 31-30. Display.
All licenses issued by the city, unless otherwise
required by law, shall be displayed in the office or some
other conspicuous place within the licensed establishment or
on the premises thereof and shall be displayed to any police
department personnel or other official of the City of Miami
upon request during normal business hours. If the business
does possess a valid and current license but refuses to display
the same, as required by this section, said license shall be
i
suspended immediately by the City Manager upon notification of
said refusal by the City Attorney. Upon said notification the
City Manager shall schedule a revocation hearing as mandated by
Section 31-37(B) of this Chapter."
Section 5. Section 31-33 of the Code of the City of Miami,
Florida (1980), as amended, is hereby amended in the following
particulars: 1/
[ ARTICLE II. LICENSES J
[ DIVISION I. GENERALLY J
Above bracketed portion merely indicates
proper location of herein amendment.
"Sec. 31-33. Penalty for late payment of license tax -
Original license.
Any person engaging in, managing, or operating any
business, profession, or occupation without first obtaining a
license shall be subject to a penalty of twenty-five (25) per-
cent of the license amount due, in addition to the penalty pro-
vided by Section 31-26 of this Chapter and in addition to any
1/ words and/or figures stricken through shall be deleted.
Underscored words and/or figures constitute the amendment
proposed. The remaining provisions are now in effect
and remain unchanged. Asterisks indicate omitted and un-
changed material. All figures are rounded to the next
hundred dollars.
8
92,11
other penalty provided by law or ordinance."
Section 6. Section 31-37 of the Code of the City of Miami,
Florida (1980), as amended, is hereby amended by the repeal
thereof in its entirety and the following is substituted in
its place and stead:
I ARTICLE II. LICENSES ]
[ DIVISION I. GENERALLY ]
Above bracketed portion merely indicates
proper location of herein substituted material.
"Sec. 31-37.
(a) Revocation of licenses.
The City Manager shall revoke the license of any
individual, partnership or corporation holding a license under
this Chapter where it is determined by the City Manager, or his
designated Assistant City Manager, after a hearing, that:
(1) the licensee has materially misrepresented or
failed to include the information required by this Chapter to
be included in the license application form;
(2) the licensee, subsequent to being issued a
license, has been convicted of, or plead guilty to, a violation
of a law of the State of Florida, or ordinance of Dade County
or ordinance of the City of Miami which affects the public
health, welfare and safety and which violation occurred as a
part of the main business activity licensed and not merely
incident thereto;
(3) the licensee, is conducting business from
premises which do not possess a valid and current Certificate
of Occupancy issued by the Building and Zoning Inspection De-
partment.
(4) the licensee, is conducting business from pre -
miles which do not possess a valid and current Certificate of
Use issued by the Building and Zoning Inspection Department.
(5) the licensee, subsequent to beina innu&A A
license pursuant to this Chapter is engaging in any business
proscribed by Sec. 31-1 (b) herein.
9
w 9211
(6) conduct is occurring at the licensee's premises
which constitutes a breach of the peace by threatening the
safety and welfare of the patrons or the general public and
which conduct is habitual and recurring.
(7) the licensee has obtained any permit, certificate
or license, including a license issued pursuant to this Chapter,
by misleading, deceiving or making false statements that were
relied upon by the City of Miami or any employee operating in
an official capacity in issuing the above mentioned permit(s),
certificate(s) or license(s).
(8) the licensee, subsequent to being issued a
license, has had a permanent injunction in the form of an Order
and Final Judgment entered against said licensee enjoining,
restraining or preventing the licensee from exhibiting or
showing 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.
(1) The City Attorney shall notify in writing the
City tanager forthwith of any violation of the enumerated grounds
for revocation of a license contained in Section A hereof.
Upon said notification, the City Manager shall schedule
a hearing at least 10 days from, but within 20 days of the date
of such notification. The City Manager shall notify in writing,
at least 5 days in advance, the licensee of the date, time and
place of said hearing and the specific charges. Said notice
shall be sent by registered mail, return receipt requested, to
the business address listed on the occupational license, or
said notice may be perfected upon any employee of said business
by any City of Miami police officer at the business address
listed on the Occupational License. At said hearing, the licen-
see shall be given the opportunity to be represented by an
attorney, to make a record of the hearing by the use of a court-.
10
921 1 �`
reporter, to call witnesses, to present documentary evidence,
and to otherwise properly present his position or defense.
The City Manager shall enter his findings in writing within 20
days after said hearing with a copy being furnished to the
licensee, said findings shall include whether the license is
revoked or reinstated.
A revocation under this ordinance shall extend for a
period of 18 months, at which time a new application must be
submitted. Said period of time shall begin to run from the
date the revocation order is entered by the City Manager.
Any final decision of the City Manager may be appealed within
30 days to the Circuit Court of the Eleventh Judicial Circuit
of Florida.
(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 that
the licensee, subsequent to being issued a license, has had a
temporary injunction or restraining order entered against the
licensee enjoining, restraining or preventing the licensee from
exhibiting or showing 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 pur-
suant to Florida Statute 847.011 as written or construed.
The above mentioned suspension order shall only be directed
at the business premises subjected to the provisions of the
Temporary Injunction.
The City Hanager shall enter his findings in writing
within 10 days with a copy being furnished to the licensee.
A suspension under section 2, above, shall extend from
the date the suspension order is entered until the temporary
injunction or restraining order described above is dissolv-
ed, at which time the suspension order is automatically termi-
nated. If the said temporary injunction or restraining order is
made a permanent injunction, by way of an Order and Final
Judgment, then the City Manager shall proceed as mandated by the*.
revocation provisions of this ordinance. The City Attorney shall
11
P 9211
notify the City Manager within 30 days of the entry of the above -
mentioned Order and Final Judgment.
(3) The licensee shall be upon notice that his
license has been suspended or revoked when notification of
suspension or revocation signed by the City Manager and notar-
ized, has been sent by registered mail, return receipt request-
ed, to the business address listed on the occupational license,
or where said notification has been served upon any employee of
the said business by any City of Miami police officer at the
business address listed on the occupational license."
Section 7. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this ordinance are hereby repealed.
Section 8. 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 holding or in-
validity 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 this ordinance without such
unconstitutional, invalid, or inoperative part therein, and
the remainder of this ordinance shall be deemed and held to
be invalid as if such parts had not been included therein.
Section 9. This ordinance is hereby declared to be an
emergency measure on the ground of urgent public need for the
preservation of peace, health, safety and property in the
City of Miami.
Section 10. 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 day of July, 1980.
ATTEST:
CITY CLERK
MAYOR
12
9211
PREPARED AND APPROVED BY6
FRANK R. HARDER
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORtl AND CORRECTNESS:
GEORGE F. KNOX. JR.
CITY ATTORNEY
f
13
9211
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
To Richard L. Fosmoen DATE December 12, 1980 �LE
City Manager
;,.-,-) suejli.�. High Crime Frequency Bars
. W. Parkins REFERENCES
ssistant to the City Manager
F.NCLOSURF.S
In my discussions with the City Attorney's Office, regarding the above subject,
I am advised that they are preparing an ordinance'that will respond to the
issues raised in your November 20, 1960 memorandum, attached. —
The City Attorney's Office further advises that they will be discussing
licensing and revocation procedures related to more than the high crime
frequency bars. In addition, they propose reviewing methods to prohibit —
certain kinds of establishments entirely.
The subject, then, of problem areas with respect to enforcement by the
police will be discussed, during the Committee of the Whole, by the City
Attorney's Office.
CITY OF MIAMI. FLORIDA
.o George Knox
City Attorney
IRON' Richard L. Fosmoen
City Manager
INTER -OFFICE MEMORANDUM
DATE November 20, 1980 «<E
SUSA.-I. City Liquor Establishments
REQ rL'- CS
ENCL01WREh
You will recall that the City Commission expressed concerns regarding the apparent
high incidence of assaults and homicides that were occurring at a :few of the
liquor establishments within the City of Miami, and that there was the desire
expressed, particularly by Commissioner J. L. Plurver, that a means be sought
wherein the City Administration might be able to promptly suspend the operation
of an establishment that was experiencing such incidents of assaults and
homicides.
Rob Parkins, with this office, has been discussing with your Robert Clark means
that might be available to regulate the activities of such liquor establishments
that would be consistent with the constitutional rights of the establishment
operators, but would permit prompt methods to minimize breaches of the peace in
the overall interests of the majority of our citizens. And, in accord with this,
the Homicide Detail of the Miami Police Department has provided the attached
• listing of those liquor establishments representing the most active calls for
police service involving Assaults and Homicides. It was thought that this
representative list might assist in establishing some criteria by which to
regulate high offense occurrence establishments. Further, I understand that
our offices will be corresponding with N.I.M.L.O., I.A.C:P., and the Police -
Foundation to determine if any current legislation exists that would assist in
resolving our problem.
It is my feeling that we should perhaps, be seeking at least two methods for
regulating the subject establishments. One, perhaps, would be an ordinance
providing the City Manager, upon recommendation of the Police Chief based upon
some criteria, with an immediate means to suspend the operation of a high -risk
establighment for some period of time, or related to some plan produced by the
establishment operator for corrective action. The second method I envision as
'-fin annual review process tied to renewing Certificates of Use that would include
a measure of the volume of incidents against the peace and dignity of our City,
and resulting in either a probationary renewal or non -renewal for high incident
establishments.
It would be appreciated, then, if you could provide some early suggestions on
regulatory approaches, as well as your thoughts on the process or processes we
should follow in order to achieve the desired regulatory authority consistent
with constitutional rights.
9211 -=
city Or MIAMI. FLORIDA
INT-F,R�`yi:j ,24EMQ RANDUM
. I .1. ,, . _ fri 1 11I
-,, Richard Fosmoen '80 NVV 14 pH-2 ; gTovember 6, 1980 FILE CRM 30
City Manager
suaJe�• 1980 Homicides -
City Liquor Establishments
REFFREN,: S
FRS �•
Kenneth I. Harms
Chief of Police ENCI-05 IRI.!, 1
Pursuant to a request from Mr. Robert Parkins of your staff,
I am forwarding through you the attached information.
KIH:mec '
9? 1 1
CITY Or MIAMI. FLORIDA 0
INTER -OFFICE MEMORANDUM 1%
Robert Parkins C)AT1. 28, October 1980 "`E CRM 30
Assistant to the City Manager 1980 Homicides -
X 5D-2
• (Th u Channels) "'""�
City Liquor Establishments
- Lt. Lane Bradford—
_ Commander
Homicide Detail revc�ue.'nE e,
As per your request, the following represents police calls for
service at the most active liquor establishments in the City of
Miami for 1979 and 1980. This report re-flects only Assaults
and Homicides.
PANDA BAR 718 N.E. 79th Street,
1980 A total of 5 calls for police service involving assaults.
Of those 5, 4 were murders. All 5 assaults involved the
use of handguns.
1980 Murders:
#2603350E L/M Blass, Riesgo 16 Sept 1980, 11:30 a.m.
Argument over a woman. Shot one time.
#2693386E L/M Vavarro, Omar 25 Sept 1980, •11:30 a.m.
Argument over pool game. Shot several times by 3 or 4
unknown latin' males.
#2713339E L/M Arias, Manuel 27 Sept 1980
L/M Sanchez, Sergio 27 Sept 1980
Argument over a pool game. Offender left bar and returned
and shot both victims, killing them. He also wounded
a third person.
LOS AMIGOS BAR 5 S.W. 55th Avenue Road
1980 A total of 6 calls for police service involving assaults.
-- Of those 6, 3 were homicides. At least 3 calls involved
handguns, the rest involved other weapons.
1979 One call for police service involving an assault with a
handgun.
9211
Robert Parkins -2-
1980 Murders:
#1753845E L/M DeZayas, Maurcio 23 June 1980
Shot by.4•L/M's, Columbians. Unknown motive.
#2593148E L/M Arencibia, Armando 15 Sept 1980 0630 HRS.
Argument in bar. Victim stabbed with tire .iron and
bled to death outside bar.
OSCARS LOUNGE 901 S.W. 8th Street
1980 A total of 10 calls for police service involving assaults.
Of those one was a murder. At least 3 involved guns the
others involved knives and other type weapons.
1979 A total of 11 calls for service, 5 involved guns and 3 were
murders.
1980 Murders:
#2733044E L/M Verdecia, Venito 29 Sept 1980 0045 HRS.
Domestic argument ex -boyfriend came into bar to shoot
his ex -girlfriend. He shot victim and one other subject
instead.
CODA BAR 2302 N.E. 2nd Avenue
1980 A total of 13 calls for police service involving some
type assault, 4 of which involved guns. The remaining
involved knives and all other weapons including hands.
1979 A total of 10 calls for police service involving assaults.
Of those 10, 1 was a homicide.
,,,EIGHT STREET BAR 462 N.W. 8th Street
1980• A total of 56 calls for service involving some type of
assault. Of those calls 2 were homicides. At least 12
calls were reference guns. The rest involved guns, knives,
and all types of weapons including hands. Motives include•
Narcotics, arguments, domestics and others. This does not
include arrest for CCF or CCW.
a
Robert parkins -3-
1979 A total of 70 calls for police service involving some
type of assault. Of those calls, 1 was a homicide.
At least 9 calls were reference guns. The rest involved
guns, knives and all other type weapons. The motives
are the same as previously listed and this also does not
include CCF and CCW arrest.
1980 Murders:
#01.93616E N/M Enoch, Bethel 19 Jan 1980
Gunshot wound. Unknown motive.
#1343783E N/M Martin, Archibald 13 May 1980
Narcotics argument. Shot by-2 N/M's with a shotgun
and handgun.
TIKKI CLUB 3677 Grand Avenue
1980 A total of 41 calls for service involving some type of
assault. Of those calls, 1 was a homicide. At least
7 calls were reference guns. The rest involved guns,
knives, and all other type weapons including hands.
The motives include Narcotics, arguments, domestics and
others. This does not include arrest for CCF and CCW.
1979 A total of 39 calls for service involving some type of
assault. Of those calls, 1 was a homicide. At least
2 calls were reference guns. The rest involved guns,
knives, and all other type weapons including hands.
The motives include Narcotics, arguments, domestics and -
others. This also does not include arrest for CCF and CCW.
1980 Murders:
.#2033�32E N/M Riley, Willie 20 July 1980
Argument,between friends.
LB:mr
9 1
f
4r
rl
MIAMI REVIEW
AND DAILY RECORD
Published dally except Saturday. Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Dianne Stuver, who on oath says that she Is the Assistant to the
Publisher of the Miami Review and Dally Record, a dally (except
Saturday, Sunday and Legal Holidays) newspaper, published at
Miami in Dade County, Florida; that the attached copy of adver-
tisement, being a Legal Advertisement or Notice in the matter of
CITY OF MIAMI
Re: Ordinance 9211
in the X X X _ ... .. Court,
was published In said newspaper In the Issues of
December 22, 1980
Affiant further says that the said Miami Review and Dally
Record Is a newspaper published at Miami, in said Dade i
County, Florida, and that the sold newspaper has heretofore
been continuously published in said Dade County, Florida, each j
day (except Saturday, Sunday and Legal Holidays) and has j
been entered as second Class mall 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 ad-
vertisement; and affiant further says that has neither paid
nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication In the said newspaper,
!U ..................
�rt�rrr,sur4
Sworvd sup)ptibeWf*jore me this
1 .22yof •••1`�g,80
Becwv G Ley
otafy Public, State of Flptida,e ame.
w
(SEAL) �� Jam•'. P.
My Commission expir��t.- , Set-* o�
EXCEPTIONS, MASSAGE SALONS A ATH PARLORS
OR ANY SIMILAR TYPE BUSINES1111111111111111116IN SPECIFIED
PHYSICAL CONTACT 15 PROVIDED ?r.E RECIPIENT OF
SERVICES BY PERSONS OF THE OPPOSITE SEX AND
WHICH ALSO PROHIBITS UNDER CERTAIN CONDITIONS'
ANY BUSINESS WHICH FEATURES ADULT PRIVATE
DANCING EXHIBITIONS WITH BOTH OF THE ABOVE
PROHIBITED BUSINESS ACTIVITIES, WHICH ARE
CURRENTLY IN EXISTENCE, BECOMING UNLAWFUL
AFTER SIX (6) MONTHS FROMTHE EFFECTIVE OATEOF
THIS ORDINANCE; BY AMENDING SECTION 31-26 TO
INCLUDE A SPECIFIC PENALTY PROVISION; BY
REPEAL OF SECTION 31.28 AND SUBSTITUTING A NEW
SECTION 31.28 TO PROVIDE FOR LICENSING
PROCEDURES INCLUDING GROUNDS FOR DENIAL OF
SAID LICENSES; BY AMENDING SECTION 31.30 TO
PROVIDE FOR AN AUTOMATIC SUSPENSION OF A
LICENSE UPON FAILURE OF THE HOLDER OF SAID
LICENSE TO DISPLAY THE SAME TO ANY POLICE
DEPARTMENT PERSONNEL OR OTHER CITY OFFICIAL;
BY AMENDING SECTION 31.33 TO PROVIDE FOR THE
IMPOSITION OF THE PENALTY SPECIFICALLY
PROVIDED IN CODE SECTION 31.28; BY REPEAL OF
SECTION 31.37 AND SUBSTITUTING A NEW SECTION 31-31
TO ESTABLISH GROUNDS AND PROCEDURES FOR
REVOCATION AND SUSPENSION OF LICENSES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. 9212
AN ORDINANCE AMENDING SECTION 62.62 ENTITLED:
"REQUEST FOR REVIEW" OF THE CODE OF THE CITY
OF MIAMI, FLORIDA (1980), AS AMENDED, BY
PROVIDING FOR A RESCHEDULING FEE FOR ZONING
ITEMS RESCHEDULED BEFORE THE CITY COMMISSION
BASED ON THE ORIGINAL APPLICATION FEE, NOT TO
EXCEED FIVE HUNDRED DOLLARS (5500.00), SUCH FEE
TO BE PAID BY APPLICANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.9213
AN EMERGENCY ORDINANCE AMENDING SECTIONS 35-
91, 35.92, AND 35-93 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA (1980), AS AMENDED, ESTABLISHING RATES
AT CERTAIN ON -STREET PARKING METERS AND
CERTAIN OFF-STREET PARKING LOTS AND DELETING
FROM SAID RATE SCHEDULE CERTAIN OF SAID LOTS NO
LONGER IN OPERATION; ESTABLISHING RATES AT
MUNICIPAL PARKING GARAGES AND DELETING
PARKING GARAGE NO. 2 (WHICH IS NO LONGER IN
OPERATION) FROM SAID RATE SCHEDULE; PROVIDING
FOR THE EFFECTIVE DATE OF JANUARY 1, 1961 FOR
SAID RATES; RATIFYING AND CONFIRMING ALL ACTS
OF THE OFF-STREET PARKING BOARD AND ITS
DIRECTOR AS TO RATES HERETOFORE CHARGED;
FURTHER PROVIDING THAT THE DIRECTOR SHALL
CAUSE CERTIFIED COPIES TO BE FILED PURSUANT TO
SECTION 503OF THE TRUST INDENTURE; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
ORDINANCE NO. 9214
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING OF E100' OF NWW
LESS S153' AND LESS E1OO' OF LOT 10, BLOCK 2; EDWARD
PENT HOMESTEAD (A-45), BEING APPROXIMATELY 2956
BIRD AVENUE, FROM R•2 (TWO FAMILY) TO R-3A (LOW
DENSITY APARTMENT), AND BY MAKING ALL THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP
MADE A PART OF SAID ORDINANCE NO. 6871, BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF; BY.. REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. •-
6I116INANCE NO. 9219
AN EMtR0kNCY 60DINANCE AMENDING SECTIONS 2
AND S OF ORDINANCE NO. 9119, ADOPTED OCtpBER 3,
1980, THE ANNUAL APPROPRIATIONS ORDINANCE FOR
THE FISCAL YEAR ENDING SEPTEMBER 30, 1961; BY
APPROPRIATING FROM THE BUILDING AND VEHICLE -
MAINTENANCE DEPARTMENT, MOTOR POOL
MAINTENANCE DIVISION, FY'60 RETAINED EARNINGS,
AN AMOUNT OF U6,250; INCREASING ANTICIPATED -
REVENUES IN THE SAME AMOUNT TO BE
APPROPRIATED INTO THE MOTOR POOL
MAINTENANCE DIVISION TO PROVIDE
SUPPLEMENTARY FUNDING FOR THE PURCHASE or -
MOTOR POOL REPLACEMENT VEHICLES; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE, --
ORDINANCE NO. 9220 -_
AN EMERGENCY ORDINANCE AMENDING SECTION I OF
ORDINANCE NO. 9179, ADOPTED OCTOBER 3, 1980, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1981, AS -
AMENDED; BY INCREASING THE APPROPRIATIONPFOR
THE
THE GENERAL FUND, POLICE DEPARTM�I =
AMOUNT OF $75,000; BY DECREASING THE
APPROPRIATION FOR THE GENERAL FUND, SPECIAL -
PROGRAMS AND ACCOUNTS, PUBLIC SAFETY FUND, IN
THE SAME AMOUNT; FOR THE PURPOSE OF FUNDING
THE REPLACEMENT OF SEVENTY (70) POLICE
VEHICLES AND THE PURCHASE OF THIRTY-THREE 133)
NEW POLICE VEHICLES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE. -
ORDINANCE NO. 9221
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1
AND 5 OF ORDINANCE NO. 9179, ADOPTED OCTOBER 3,
1980, THE ANNUAL APPROPRIATIONS ORDINANCE FOR
THE FISCAL YEAR ENDING SEPTEMBER 30, 1981, AS =
AMENDED; BY INCREASING THE APPROPRIATION FOR
THE GENERAL FUND, HUMAN RESOURCES
DEPARTMENT BY S9,236; DECREASING THE GENERAL
FUND, SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, BY S4,081; INCREASING GENERAL
FUND REVENUES, MISCELLANEOUS REVENUES, BY
SS,155; TO PROVIDE FOR BUILDING REPAIRS AND
EQUIPMENT REPLACEMENT REQUIRED AS A RESULT
OF BURGLARIES IN THE HUMAN RESOURCES
DEPARTMENT; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 9222
AN EMERGENCY ORDINANCE AMENDING SECTION i OF
ORDINANCE NO. 9179, ADOPTED OCTOBER 3, 1980, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE
FISCAL YEAR ':NDING SEPTEMBER 30, 1981, AS
AMENDED; BY INCREASING THE APPROPRIATION FOR
THE GENERAL FUND, 'PLANNING DEPARTMENT, .IN,
THE AMOUNT OF S22,689; BY DECREASING-THX.,
APPROPRIATION FOR THE GENERAL FUND, SPECIAL:.,
PROGRAMS AND ACCOUNTS, CONTINGENT FUND, _IN;:
THE SAME AMOUNT, FOR THE PURPOSE OF FUNDING".
TWO (2) NEW POSITIONS IN THE PLANNING--"
DEPARTMENT; CONTAINING A REPEALER PROVISION,s
AND A SEVERABILITY CLAUSE. .',g_
ORDINANCE NO. 9223
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION,,;
OPERATION, REGULATION AND .CONT,ROL OP �18
TELEVISION SYSTEMS WITHIN THE MU%ljl� .4
BOUNDARIES OF THE Cj,T.X,OFMlAM1. . ti
Mv
ORDINANCE NO. 9215
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ota(j Public. State of F1 Idoa ark
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My Commission exph4eo;t, fi•,1ssf ! •' • i ��ti
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MR-104
LEGAL NOTICE
All interested will take notice that on the 17th day of December,
19N, the City Commission of Miami, Florida adopted the following
"tied ordinances:
ORDINANCE NO. 9211
AN EMERGENCY ORDINANCE AMENDING SECTIONS 31-
1, 31.26, 31-28, 31.30, 31.33, AND 31-37 OF CHAPTER 31
ENTITLED "LICENSES, MISCELLANEOUS BUSINESS
REGULATIONS" OF THE CODE OF THE CITY OF MIAMI,
FLORIDA (1980), AS AMENDED, IN THE FOLLOWING
RESPECTS: BY ADDING A NEW SUBSECTION (b) TOSAID
SECTION 31.1 WHICH PROHIBITS, SUBJECT TO CERTAIN
BIRD AVENUE, FRO,V R-2 (TWO FA.-AILY) TO R•3A (LOW
DENSITY AP'.RTMENT), AND BY ",1AKING ALL THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP
MADE A PART OF SAID ORDINANCE NO 6871, BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE
ORDINANCE NO. 9715
AN ORDINANCE AMENDING ORDINAN Qf 1,.1
COMPREHENSIVE ZONIN010(t fiiA Fi€ Cl Y
OF MIAMI, BY CHANGING THE CONING CLASSIFICATION
OF LOT 7 LESS WW THEREOF A1I0 ALL OF LOTS 8 THRU
14 INCLUSIVE; BLOCK 60N; MIAMI SOUTH HALF 59N AND
60N SUB (1.185), BEING 600 BISCAYNE BOULEVARD, AS
FOLLOWS: LOT 14, FROM C-2 (COMMUNITY
COMMERCIAL) TO C-3 (CENTRAL COMMERCIAL), LOTS 7
THRU 13, FROM C•4 (GENERAL COMMERCIAL) TO C-3
(CENTRAL COMMERCIAL), AND AY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP -
MADE A PART OF SAID ORDINANCE NO. 6811, BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2THEREOF; BY REPEALING ALL ORDINANCES
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO. 9216
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING TkIE ZONING CLASSIFICATION
OF LOTS 10 AND 19, BLOCK 2; EDGEWOOD (111•105), BEING
676 NORTHWEST 27TH STREET, FROM R-4 (MEDIUM
DENSITY MULTIPLE) TO C-4 (GENERAL COMMERCIAL),
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 III, SECTION 2, THEREOF, BY
REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
ORDINANCE NO. 9217
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONINGORDINANCE
FOR THE CITY OF MIAMI, BY ADDING A NEW
PARAGRAPH (G) TO SUB -SECTION (6) OF SECTION 1,
ARTICLE X - HIGH DENSITY MULTIPLE R•S DISTRICT,
TO ALLOW CONVALESCENT HOMES AND NURSING
HOMES UPON "CONDITIONAL USE" APPROVAL; BY
MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO.
6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF, BY REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO. 9718
AN ORDINANCE AMENDING ORDINANCE NO. 6671, THE
COMPREHENSIVE -ZONING ORDINANCE FOR THE CITY
OF MIAMI BY DELETING SUB -SECTION (6-A) OF SECTION
2 AND ADDING A NEW PARAGRAPH M TOSUB-SECTION
(8), SECTION 2, ARTICLE XV - CENTRAL COMMERCIAL
- C-3 DISTRICT TO ALLOW AUTOMOBILE RENTAL
AGENCIES UPON "CONDITIONAL USE" APPROVAL
RATHER THAN AS A PERMITTED USE 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 III,
SECTION 2, THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT, AND CONTAINING A SEVERABILITY CLAUSE.
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION,
OPERATION, REGULATION AND CONTROL OF CABLE
TELEVISION SYSTEMS WITHIN THE MUNICIPAL
BOUNDARIES OF THE CITY OF MIAMI.
ORDINANCE NO. 9224
AN ORDINANCE CREATING A CODE ENFORCEMENT
BOARD IN THE CITY OF MIAMI, PROVIDING FOR TERMS
OF OFFICE, ORGANIZATION, F-NFORCF-MF_14T
oonrcnuc�cc ucsn►NGS. POWERS OF THE SGAR11h
PENALTIES, METHOC►:7VPa:*PF w6a •r%
CONTAINING A REPEALER PR- V(S1bN
SEVERABILITY 4LAUSR AND OISPENISWNG W
REQUIREMENT OF ItgAM146 SAME ON TWO SS
THE MEMBERS 0F.VNI! COMMISSION.FauR•F1
ORDINANCE NO. OM
AN ORDINANCE AMENDING. SECTIbN 1 OF OltNO. 8719, ADOPTED OCTOBER_16, 1071, THE St
GRANT APPROPRIATIONS ORDINANCE, AS AM
BY ESTABLISHING TWO (2) NEW TRUST AGENC'
ENTITLED: "COMPREHENSIVE MIAMI-DARE 1
SAFETY PLAN" AND "MOTORCYCLE SLIDER Ci
APPROPRIATING FUNDS FOR THE OPERATION
TRUST AND AGENCY FUNDS IN -THE AMOUNTS(
AND $10,290; CONTAINING REPEALER PROVIS
SEVERABILITY CLAUSE, AND DISPENSING WI
REQUIREMENT OF READING SAME ON TWO SE
DAYS BY A VOTE OF NOT LESS THAN FOUR+11
THE MEMBERS OF THE COMMISSION.
ORDINANCE NO. 9226
AN ORDINANCE AMENDING SECTION 40-200 Eifif
"DEFINITIONS" AND SECTION 40.207 ENTIT:LE(5
"BENEFITS" OF DIVISION 2 ENTITLED "MIAMI C1,
EMPLOYEES' RETIREMENT SYSTEM" OF CNAPT
ENTITLED "PERSONNEL!' AF THE CODE OF 7HE>CI'Y _
OF MIAMI, FLORIDA (1980), AS AMENDED, 13Y,DE4E FI(�ia
FROM SAID SECTION 40.2W THE PROVISIONS-VII CYW
EXCLUDED LABORERS, -WATCHMEN AND; CUS`fOfIAL
WORKERS FROM MEMBERSHIP IN -SAID SYSTEM AN6 -
BY ADDING A SUBSECTION IN SAID SECTION AO•'JO'1Y0'
PROVIDE A PROCEDURIEF AND CERTAIN :CONDItt(NIS ,
V`N�4ER WHICH ANY SYSTEM MEMBER;, WFlti"y1A1A
.0ENIED THE, RIGHT AT ANYTIME BETWE _
1955 AND SEPTEMBQR 1,- 962 TO,PARTItI, , -
SVStEM ORAN Y,'HE-M ]kMI_ lIfN*
PLAN (ESTABLISHED BY ORDINANCE NO. 5624, MAY 2, ^
1956) BY REASON OF SUCH MEMBER'SEMPLOYMENT AS
A LABORER, WATCHMAN, OR CUSTODIAL WORKER, CAN
RECEIVE MEMBERSHIP CREDIT FOR THE TIME THE
MEMBER WAS EMPLOYED IN THE SAID CAPACITIES
BETWEEN THE FOREGOING DATES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND DISPENSING WITH THE REQUIREMENT OF
READING SAME ON 2 SEPARATE DAYS BY A VOTE OF., -
NOT LESS THAN FOUR -FIFTHS OF THE' MEMBERS OF,:,:, -
THE COMMISSION.
.
'
PALPH •G. ONGIE
+- CITY CLERK ;
" .. CITY OF MIAMI, FLORIDA�r *`
Ewa
Publication of this Notice on the 22 day of December'1980
12/22 M�-1227J7