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HomeMy WebLinkAboutO-09078r -- ORDINANCE NO. 9078 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8951, ADOPTED JUNE 25, 1979, WHICH RELATED TO THE CITY TAX ON ADMISSIONS TO THE MIAMI BASEBALL STADIUM BY ESTABLISHING THE REQUIRE- MENT THAT PROSPECTIVE USERS MAKE NONREFUNDABLE CASH DEPOSITS; FURTHER ESTABLISHING RATES FOR AMATEUR AND PROFESSIONAL ATHLETIC EVENTS AND BY REDEFINING "SPONSOR" AS A "USER"; CONTAIN- ING 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. WHEREAS, there is presently nothing in the City Code relating to rates to be charged for specific events to be held at the Miami Baseball Stadium; and WHEREAS, the City has established a City tax on each admission to said Stadium of 10% of the group price of each admission ticket sold for any Stadium event, less any federal, state, or locally imposed tax payable from such admission price; and WHEREAS, it is found that specific rental amounts should be established in such designated cases as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 1 of Ordinance No. 8951, adopted June 25, 1979, 0it ch related to the City tax on admissions to the Miami. Baseball Stadium is hereby amended and the following is substituted in its place and stead: "Section 1. (a) Definitions as used herein: (1) "User" shall mean the person or parties entering into a use agreement with the city for an event or series of events to be held in the Miami Baseball Stadium. (2) "Stadium" shall mean the Miami Baseball Stadium. E 0 (3) "Patron" shall mean the person purchasing an admission ticket to an event or series of events as well as the person seeking entry to an event. (4) "Athletic event" shall mean an activity or gathering involving sports contest or game such as baseball, boxing, football, soccer, — or wrestling. (5) "Nonathletic event" shall mean an activity or gathering other than an athletic event, such as concerts, carnivals, religious gatherings or political conventions. The examples herein are illustrative only and do not preclude other types of activities or gatherings. (6) "Event" shall mean both athletic events or nonathletic events as herein defined. (7) "City manager" shall mean the city manager or his authorized designee. (b) Admission tax and minimum charges. (1) Except as otherwise provided in this section, charges by the city for the use of the stadium shall be assessed as follows: A. Any person, company, corporation, or organization requesting to reserve a date (or dates) for the use of Miami Stadium shall be required, within 10 calendar days of the initial request for date reservation, to make a payment in an amount equal to 10% of the basic rental fee as a nonrefundable cash deposit. Additionally, not less than 60 days prior to the date reserved for -2- the subject event the user must pay to the city an additional 40% of the basic rental fee, which will also serve as a nonrefundable deposit. The intent of the city in this regard is that the user must have made a total nonrefundable deposit to the city of 50% of the basic rental fee by at least 60 days prior to the date reser- ved. The 50% balance of the basic rental fee shall be paid to the city, as a non- refundable cash deposit, not less than 30 days prior to the event date. All of the advance rental fees collected by the city will be forfeited if user cancels the event. ® B. For use of the playing field for nonath- letic events only, the charge shall be the greater of (i) $50 per hour, up to a maxi- mum of $500 for a full day; or (ii) a city tax on each admission to the stadium of 10% of the gross price, as established by the user of the event to be held in the stadium, less any federal, state, or locatly imposed tax payable upon such admission price. Payment of the above fee does not include any stadium costs. All event costs including, but not limited to, electricity used, security, electricians, sound technicians, custodial personnel, office attendants, etc., shall be paid by the user. -3- 9078 C. For use of the entire stadium seating area for an event taking place on the field for nonathletic events only, there shall be assessed a fee which shall be the greater of. $2,000 per day or a city tax on each admission to the stadium of 10% of the gross price, as established by the user of the event to be held in the stadium, less any federal, state, or locally imposed tax payable upon such admission price. The $2,000 per day or 10% of the gross admis- sion price, whichever is greater. shall include electricity, but the user shall pay all other event costs including, but not limited to, security, crowd control, electricians, custodial personnel, office attendants, elevator operators, cleanup, and other like expenses. D. For use of the entire stadium and the field (for festival seating) for nonathletic events only, there shall be assessed a fee which shall be the greater of $29500 per day or a city tax on each admission to the stadium of 10% of the gross price, as established by the user, on each admission ticket sold by the user for the event to be held in the stadium, less any federal, state, or locally imposed tax payable upon such admission price. The $2,500 per day or 10% of the gross admission price, whichever is greater, shall include electricity, but the user shall pay all other event costs includ- ing, but not limited to, security, crowd -4- 9078 OLT control, electricians, custodial person- nel, office attendants, elevator opera- tors, cleanup and other like expenses. E. For use of the entire stadium for athletic events limited to amateur sports (high schools, colleges, nonprofit sponsored), there shall be assessed a flat fee of $500 per day or portion thereof. The flat fee does not include any stadium costs. All — event costs including, but not limited to electricity used, security, electricians, cleanup, etc., shall be paid by user. F. For use of the playing field for athletic events limited to amateur sports (high schools, colleges, nonprofit sponsored), there shall be assessed a flat fee of $250 per day or portion thereof. The flat fee does not include any stadium costs. All event costs including, but not limited to electricity used, security, electricians, cleanup, etc., shall be paid by user. G. For use of the entire stadium for athletic events limited to professional sports, there shall be assessed a fee which shall be the greater of. $1,000 per day or a city tax on each admission to the stadium of 10% of the gross price, whichever is greater, as established by the user on each admis- sion ticket sold by the user of the event to be held in the stadium, less any federal, state, or locally imposed tax payable upon such admission price. The $1,000 per day or 10% of the gross admission price shall -5- 9078 4 include electricity, but the user shall pay all other event costs, including, but not limited to, security, crowd control, electricians, custodial personnel, office attendants, elevator operators, cleanup and other expenses. H. For use of the parking lots only, there shall be assessed a flat fee of $150 per day or portion thereof. The $150 flat fee does not include any stadium costs. All event costs including, but not limited to electricity used, security, electricians, cleanup, etc., shall be paid by the user. (2) Federal, state, and locally imposed taxes shall be separately shown and printed upon each and every ticket printed for an event, including com- plimentary tickets. Complimentary tickets shall be clearly overprinted as such. Users shall be permitted to issue complimentary tickets to their event in an amount equal to a maximum of l% of the total tickets sold for the event, and if the city's audit conducted subsequent to the event reveals the complimentary tickets were issued in an amount exceeding 1% of the total ticket sales, then the user will be required to pay the 10% city tax.on that number of complimentary tickets which exceed the 1%. The 10% city tax on the excess complimentary tickets shall be paid on the "average" ticket price charged by the user for that event. (3) The user shall keep available in its office, or such other place approved by the city manager, true, accurate and complete records and accounts -6- 9078 ' of all. ticket sales transacted in connection with the stadium event and shall give access to the authorized representatives of the city, during reasonable business hours, to examine and audit such records and accounts. Final accounting and payment of all sums due here- under shall be made to the proper city authori- ties as soon after the holding of each event as may be reasonably possible, and in no case shall be permitted to remain unpaid longer than 3 working days after the event, and in all cases shall be paid prior to the holding of another subsequent event by the same user. (4) The user of the stadium, and the seller of the tickets, shall be responsible for the collection and payment of all tax monies required to be collected hereunder and shall hold in trust for the city all amounts due hereunder and shall account for and pay over to the city all such sums within the time priods required, or immed- iately upon written demand by the director of finance of the city; failure to make full account- ing and payment upon demand shall subject the user to a penalty of 2% per month or fraction thereof intervening between such demand and final accounting and payment, exclusive of the first 24 hours of such period, which penalty shall be additional to other penalties provided by this Code and the City Charter. (5) The tax levied hereby and all sums paid to the city under this section shall be deposited by the city daily as received in the funds and accounts of the stadium. -7- (6) If the total sum of the tax monies collected hereunder is less than the cost of operating the stadium for the event, said cost also being referred to herein as the "event costs", the user shall be required to pay the amount of the deficiency to the city. (c) Special charges, terms and conditions. (1) The charge for the use of the stadium for sea- sonal contract professional baseball games shall be determined by the City Commission. (2) A. (i) The user for any event shall obtain, at its own cost and expense, public liabil- ity insurance in the amount of not less than $1,000,000 per occurrence for bodily injury, and not less than $100,000 per occurrence for property damage. (ii) The user shall furnish certificates of insurance to the city at least 10 days prior to any scheduled event in the amount, type, and classification as noted. No modi- fication or change in said insurance shall be made without at least 20 days advance written notice to the city. (iii) Insurance policies required above, shall be issued by companies authorized to do business under the laws of the State of Flor;da, with the following qualifications as to management and financial strength: "The Company must be rated no less than 'A' as to management, and no less than 'Class V as to financial SM. 9078 1 & 4 strength, in accordance with the latest edition of Best Company, Inc., 75 Fulton Street, New York, New York." (iv) All such policies to cover the scheduled events shall name the City of Miami as an additional insured. B. The city may be able to obtain special events insurance for events that meet cer- tain prerequisites. The city, at its sole option, may determined that the event quali- fied for said special events insurance. If so qualified, the user may comply with this section by obtaining said insurance through the city. (3) At any time when the flat -rate charge is imposed for the use of the stadium to stage an event, or when admission and entry to any event is not con- ditioned upon the purchase of a ticket or the pay- ment of a fee by the patron, the charge to the user shall not be less than the cost of operat- ing the stadium for said event. (4) Uniformed police officers and/or other security personnel shall be provided by the event user in numbers acceptable to the facility manager as being sufficient to control the anticipated event crowd both within and outside the stadium, with payment therefor to be made by the user. (5) User shall also provide, at its expense, all admis- mission tickets to its event, as well as ticket takers, ticket sellers, and ushers, as required, and in numbers acceptable to the facility mana- ger as being sufficient to handle smooth entry of the public to the stadium and to provide effi- cient ushering and seating of the event crowd. -9- j 9078 (6) Nothing contained in the provisions of this section shall limit or restrict the right of the City Commission to establish and fix special charges or special terms and condi- tions for the use of the stadium." Section 2. All ordinances, or parts of ordinances, Insofar as they are inconsistent or in conflict with the provisions of this ordinance, are hereby repealed. Section 3. If any section, part of section, para- graph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Section 4. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. PASSED ON FIRST READING BY TITLE ONLY this 19 day of March , 1980. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 19 day of March , 1980. ATTEST: RALP1 G. ONGIE, CITY CLEVF PREPARED AND APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPR GEOR CITY -10- MAURICE A. FER M A Y O R Joseph R. rrassie City Manager rR. Jet ine ,Director Dep r ment ofj Stadiums and Marinas February 20, 1980 =I Proposed Amendatory Ordinance to Ordinance No. 8951. ZS Copy of memo to Law Dept. Copy of Draft Legislation. The Department of Stadiums and Marinas recommends the adoption of the attached Ordinance amending Section 1 of Ordinance 11c. 8951, which relates to the City Tax on Admissions to the Miami Baseball Stadium. The amendments to Ordinance No. 8951 will accomplish the following: 1. Changes the term "Sponsor" to "User" to conform with existing standard rental agreements and other Ordinances and Resolu- tions. 2. Establishes a non-refundable deposit which will help prevent speculating promoters from tying; up dates and then canceling at the last minute. �. Establishes rates for athletic events limited to amateur sports. 4. Establishes rates for athletic events limited to professional sports. RLJ:RS�R:cb cc: Law Department 9()78 MIAMI REVIEW AND DAILY 01CORD Published Daily except Saturday, Sunday ands' Legal Holidays Miami, Dade County, Florida. - STATE OF FLORIDA COUNTY OF DADE - - Before the undersigned authority personally ap- ttApeared on oath he Miami ssistanlDiecforoLgaAdertyof Review and Daily Record, a daily lexcept 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 CITY OF MIAMI Re: Ordinance No. 9078 in the X X X Court, was published in said newspaper in the issues of March 26, 1980 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, Sun- day 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 corpora- tion any discount, rebate, commission or refund for the purpose of securing thic Advertisement for publication in the Vews� F N w } L,XoVo and subs abed fore m!/ his 26,ZY�Mar cjil 0 19.2.0... vF Q+ rbeyre taht;O yt t Florida at Large (SEAL) _ My Commission ex 16, 1982. MR •67.1 CITY _I6F MI •M , ' DADE COUNTY, FLORIDA LEGAL NOTICE All interested will take notice that on the 19th day of March, 1980, the City Commission of Miami, Florida passed and adopted the following titled ordinance: ORDINANC�E��NO. 9078 AN NO,OU Ea26,T4 , WHICH ELATEDNCE TO THE CITY TAX ON ADMISSIONS TO THE MIAMI ' BASEBALL STADIUM BY ESTABLISHING THE REQUIREMENT THAT PROSPECTIVE USERS MAKE NONREFUNDABLE CASH DEPOSITS; FURTHER ESTABLISHING RATES FOR AMATEUR AND PROFESSIONAL ATHLETIC EVENTS AND BY REDEFINING "SPONSOR" AS A "USER"; 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. RALPH ONGIE nm CITY CLERK RK CITY OF MIAMI, FLORIDA Publication of this Notice on the 26 day of March 1980. 3; 26 M80-032607