HomeMy WebLinkAboutO-08951ORDINANCE NO,
AN ORDINANCE RELATING TO THE CITY' UPON
ADMISSIONS TO THE MIAMI BASEBALL STADIUM;
PROVIDING DEPINITIONS HEREIN, PURTHER
ESTABLISHING AND LEVYING A CITY TAX UPON EACH
ADMISSION TO THE STADIUM OV 10% OP TRE GROSS
PAICE OP EACH ADMISSION TICKET SOLD BY THE
SPONSOR OP THE STADIUM EVENT LESS ANY PEDERAL3
STATE OR LOCALLY IMPOSED TAX PAYABLE FROM
SUCH ADMISSION PRICE; PUATHEA ESTABLISHING
TRE SPONSOR'S MIN/MUM PRICE VOA ADMISSION
AS TRE GROSS PRICE FOR ANY COMPLIMENTARY TICKET
OA PASS; FURTHER REQUIRING EACH SPONSOR TO
PROVIDE REASONABLE ACC SS TO RECORDS OP
TICKET SALES AND REQUIRING THE FINAL ACCOUNTING
AND PAYMENT TO THE CITY OF ALL SUMS DUE HERE—
UNDER AS SOON AFTER EACH EVENT AS REASONABLY
POSSIBLE; FURTHER IMPOSING A PENALTY OF 2%
PEA MONTH OWALL SUMS UNPAID AFTER DEMAND
THEREFOR AND REQUIRING THAT THE HEREIN TAX
AND ALL SUMS PAID TO THE CITY HEREUNDER BE
DEPOSITED DAILY IN THE FUNDS AND ACCOUNTS OF
THE STADIUM; PURTRER ESTABLISHING CERTAIN MINIMUM
GUARANTEED RENTAL AMOUNTS FOR USE OF VARIOUS PARTS
OF THE STADIUM IN INSTANCES WHERE EITHER NO ADMISSION
CHARGE IS BEING ASSESSED FOR A PARTICULAR EVENT,
OR THE ADMISSION TAX REALIZED BY THE CITY FOR A
PARTICULAR EVENT IS LESS THAN THE MINIMUM GUARANTEED
RENTAL AMOUNT; FURTHER ESTABLISHING STANDARDS FOR THE
ISSUANCE OF COMPLIMENTARY TICKETS TO EVENTS; ALSO
RESERVING UNTO THE CITY COMMISSION THE RIGHT TO
ESTABLISH AND FIX SPECIAL CHARGES, TERMS AND CONDI-
TIONS PERTAINING TO THE USE OF THE STADIUM; AND
REQUIRING EVERY SPONSOR TO PAY THE CITY'S COST
OF OPERATING THE STADIUM FOR THE PARTICULAR EVENT;
FURTHER ESTABLISHING THAT THE NUMBER OF SECURITY
AND CROWD CONTROL PERSONNEL USED AT EVENTS BE SUBJECT
TO PRIOR APPROVAL OF THE CITY MANAGER OR HIS
AUTHORIZED DESIGNEE; FURTHER REQUIRING .THE SPONSOR
TO OBTAIN CERTAIN AMOUNTS OF PUBLIC LIABILITY
INSURANCE FOR BODILY INJURY AND PROPERTY DAMAGE AND
TO PROVIDE THAT THE CITY BE INCLUDED AS A NAMED
INSURER IN SAID INSURANCE POLICY AND ALSO CONTAINING
A HOLD HARMLESS PROVISION; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
CONTAINING A SEVERABILITY PROVISION.
WHEREAS, there is presently nothing in the City Code
relating to specific rates to be charged to sponsors of events
held at the Miami Baseball Stadium; and
WHEREAS, the City desires to establish and levy a
city tax upon each admission to the Miami Baseball Stadium of
10% of the gross price of each admission ticket sold by the
sponsor of a stadium event, less any Federal, •State or locally
impoeed tax payable from such admission price; and
.,WHERtA8, said tax totmonly refledte the mott 66n..
Vehieht admini§trative method 6P ooling . fair And adequate.'
rental'f hy the. City for the lite of the Stadium by th4 gpotim-6
of eVentt therein; and
WIMEA8 there Are occaSiOns when prospective StadiuM
users. desire to present event:6 at the Stadium with free adMissiOn
tb the public) and other occaSiOnt when ticket salts are Pat.
below the spontort6 projections.and the City therefore does nOt
realize an adequate.rental amount based on the 10% of adMistion
criteria; and
WHEREAS, it is felt that minimum guaranteed rental
amounts should be established in_such -cases;
NOW,'THEREFORE BE IT ORDAINED BY THE COMMISSION OF THE. - -
CITY OF MIAMI) FLORIDA:
Section I.
(a) Definitions: as.used herein.
(1) Sponsor 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,
andmay also be referred to as ,nuseril.
(2) Stadium shall.mean the Miami Baseball.
Stadium.
(3) Patron shall mean the person purchasing an
admissioh-ticket-to an event or series of
events as well'as the person seeking entry
to an event,
.(4) A. Athletic. event. Shall mean an activity.
or gathering'involving.sports contest or
-game such as baseball, boxing,.football
or soccer.
5. Non -athletic event, Shall meanan
activity or gathering other tban an
irr 2 -
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athletia evett3 Noh as tohotrte) tartii!
vals3 religious gatherings,or political
conventidts. The examples herein are
illustrative 641y and do not preclude
other types oP attiVitiet or gatherings.
C. tvett. 8hall meat both athletic events
or tot-athletie events as hereit dePited.
(5) City. 8haIl 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. For use of the playing field only, a fee
which shall be the greater of (i) $50 per
hour, up to aAriaximuM 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 sponsor of the event to
be held in the stadium, less any federal,
state, or locally imposed tax payable'upon
such admisSion price. Payment of .the above
fee does not include any stadium costs. Al].
event costs including, but not limited to,
electricity used, security, electricians,
sound technicians, custodial personnel,
office attendants, etc., shall be paid by
the sponsor.
B. For use of the entire stadium seating
area for an event talting place on the field,
there *hall be assessed a fee which *hall be
the greater of $2,000 per day or a city tax
- 3 -
on each admission t6 the stadium of 10% or
the grcst price) at entablithed by the
tpontor, ot each admistict ticket sold by the
spehaer of the event to be held it the stadium)
lets any federal) ttate, et .aiiy locallyimpcted
tax payable upon such admission ptiCe. The
$21000.per day or 10% of the grost admittions
price shall include electricity) but the
sponsor shall pay all other event costs
itcluding, but not limited to, seturity,
crowd control, electticiant, custodial
personnel, office attendants, elevator
operators, cleanup, and other like expenses.
C. For use of the entire stadium and the
field (for festival seating), there shall
be assessed a fee which shall be the greater
of $2,500 per day or a city tax on each
admission to the stadium of 10% of the gross
price, as established by the sponsor, on
each admission ticket sold by the sponsor of
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 shall include electricity, but the
sponsor 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 parking iota only,
there ohall be aeeepeed a flat fee of $150
per day or portion thereof. The $150 flat
fee dott tot inalude Any atadium 6t6t8v
All event de5St6 intluding, but not limited
tti eledtriaity uged, aedurity, eleatriaiant,
cleanup, eta., than_ be paid by the apontor,
(2) Federal, state, and locally imposed taxes
ahall be separately shown and printed upon
each and every ticket printed for an event,
including complimentary ticketa. Compli-
mentary tickets shall be clearly overprinted
as such. Sponsors shall_ be permitted to
issue complimentary tickets to their event
in an amount equal to a maximum of 1% 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 sponsor 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
sponsor for that event.
(3) The sponsor shall keep available in its
office or such other place approved by the City
Manager of the City, true, accurate and complete
records and accounts 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 sun 5 due hereunder shall be
made to the proper City authorities as sOon
$951
after the holding of Ventat may be
reastinably&td ir to ca60 ghail
be permitted to remain unpaid linger that
throe Working days after the eVett) and ir 1
cadet shall. be paid prior to,the holding of .
another subsequent:event. by the same epOnsor4
(4) The sponsor of any event at ,.the stadium and
the seller or the tickets shall.be responsible
for the Collection arid payment of all tax
monies required to be collected hereunder
and shall hold in trust for the City all
amount-8 due hereunder and.shall account for
and pay over to the City all such.sums
within the periods required, or immediately..
upon written demand.by the director of finance
of the City; failure to make. full accounting,
and Payment upon demand shall subject the
'sponsor to a penalty df 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 sumz_paid to
the City under this -Section shall,be deposited
by the City daily, as 'received in -the funds
and accounts of the stadium
(6)If the tOtal's4m of the tax monies_collected.'
hereunder ls less than the cost .of, operating
the stadium for the event, said cost also
being referred to herein as the "stadiupi.
service fee, the sponsor shall be required.
8951
(o)
tO pay the athOUnt tf the dfiLY tO the,
City. .
8pecial charget, terms ihd dOhditibht,s
(1) The charge for the use tf the Stadium for
professional baseball in Shall be determined
by the City CoffiMisSiOn,
t2) A. The sponsor of any event shall obtain,
at its own Cost and expense, public liability
insurance in the amount of not less than
$1000,000 per occurrence for bodily injury,
and not less than $100,000 per occurrence
for property damage.
The sponsor shall furnish certificates
of insurance to the City at least 10 days
prior to any 'scheduled'event in the amounts
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.
Insurance policies required above, shall
be issued by companies -authorized to do business
under the laws of the State of Florida, 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 X" as to financial strength, in
accordance with the latest edition of
5est Company, Inc., 75 Fulton Street,
New York, New York,"
All such policies to cover the scheduled
evenshall name the City of Miami as an
additional insured,
8951
4
t, The City ma y be able ti5 'obtain special
-eVerits insurance ror. eVehtb that teettertain.
prerequitites, The City, at.its tole Option,
may detertihe that the. eVeht qualified.for
said special events ihrance. If SO ,
:qualified) the Sponsor may comply with this
section by obtaining said -insurance through
the Oity.
At any time when the .Plat -rate charge is..
imposed for the uSe of the stadium to stage
an event or.when adMission and entry to any
event isnot conditioned upon the purchase
of a: ticket or the payment Of a fee by the
patron, the charge.to the sponsor shall. not
be lest than the cost of operating the —stadium:
for said event.
(4) Uniformed police officers and/or other
security:personnel shall be provided by the
event sponsor in numbers acceptable to the
facility manager as being sufficient to control
the anticipated event crowd both within and:
outside the stadium, with payment therefore''
to be made by the sponsor.
'(5) Sponsor shall aiso provide, at its expense,.
all: admission tickets to its event, as well
as ticket:takers) ticket:sellers, and ushers,
as required, and in numbers-acceptable:to the
facility manager as being sufficient to
handle smooth entry of the public to the'
stadium and to pFovide.efficient:ushering_
and seating.of the vent crowd,
t-6) Nothing aOhtaitied in the provisions Of thiS
Sedtibh shall limit Or reatrict the _right Of
the City CotaittiOn te5 ettablith and fix
special charges. Or special terms acid aohdi-
tiont.for the ute of the' stadiutii.
Section 2. All ordinet or partor ordinances,-
retolutions): or parts of retolutiont) insofar at they are in
conflict with the provitiott orthis Ordinance) are.herehY repealed.
Section 3. If any section) part .of section) paragraph.)
clause) phrase) or word Of'thig ordinance it declared invalid)
the remaining provisions, of this ordinance shall not be affected.
PASSED ON 'FIRST ADING BY TITL8,ONLY this _L,22_, day
of May 1979.
PASSED AND ADOPTED ON SECOND AND.PINAL ADING BY TITL8
ONLY this 25th day of Junei., 1979.
MAURICE A. MIRE
ATTEST: MAURICE A. FERRE, M A Y 0 R
6Z-egg51.17,
RA PH GivONGIE, CITY CLERK
PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS:
&LI
Robert F. Clark -.
ASSISTANT CITY ATTORNEY
ITY ATTORNEY
MIAMI REVIEW
iiiti OM, Rteelit
Published belly elttebt WOE*, uridey Mid
Let* Holidays
Miailti, bade edunty, PlOrida.
STATt 60 FLORIDA
COUNTY OF t5Abt: .
• Before the ufidertighed authority pertbrially hp,
"(seated Betky Catkey, who on bath thy& that 'the it the '
Assistant biretta Cif Legal AdvertitIng Of the M181111
Review and belly Record, a daily (eiceept Study
Sunday and Legal 14Olidayt) newspaPer, published at
Miarni in bade County, Florida; that the attathed topy
of advertiternent, being a Legal AdVertitefrieht Or
Notice ifl the Matter of
CITY OP MIAMI
Ord. 8W
in the XXXX Court,
was published in tOld newspaper in the issuet of
tiUfle 29, 1979
AfanI turther says that the said Miami Review
and belly Reot, is a newtpaper published et Miami, In
said bade County, F (bride, and that the said newspaper'
has heretofore been continuously published ih
bade.COunty, Florida, each day (extept Saturday, Sun-
dity and Legal Holidayt) and hat, been entered as
second Bass mail matter at the post office in Mien', in
said bade County, Florida. for a period of one year next
preceding the first loublitation of The attached copy of
advertisement; and affiant further says that she hat
neither paid nor promised any person, firm or tbrpOra-
tion any distOunt, rebate, commission or refund ftir the
purpose of curing this adverti or publication
in The sai wspaper.
• '••••
0
substribed befor
79
Notary Pu Large
(SEAL)
My Commission expires June 16, 1982.
*WM
Vet Or
OAet 'COUP" FLORIDA
itSAL Mallet
All itifereated dlit Wftt take hatite that eh the IStri day
i0/9 the City Carel ist fen 'at MIAffii,FlOrlde adopted Int itilibtellittfitidd
Orditiante: ,
oltblf4lAN4t NO. e9S1
AN 4:ittel•NANCE ttLATINE TO tHE.'CITY'S ,TAXAIPON. '
AbMLbN ttIIMIAMI_ _BASEBALL ATM:HUM;
PROVIDIND. ,bt0INITIONS AtER-E114-; FURTHER -:--•
ESTABLISHIN6 ANDIEVYiNG A 'tit* TAX upbta -EACH
.AbMISSION TO THE -StAblUM OF Ids OF. THE GROSS
PRICE- oft r EACH -.ADMISSION -TICKET:SOLO. BY • TI4t•
• SPONSOR OF THE STADIUM tVENT.LESS ANY F t bERAL:.
STATE..OR LOCALLY IMPOSED .•TAX PAYABLE 'FROM
SUCH AbMISSION,PRICE; 'FURTHER ESTABLISHIND THE . •
SPONSORS MINIMUM PRICt FOR, ADMISSION - AS THE
GROSS PRiet FOR. ANYCOMPLIMtNTARY TICKET OR'
PASS; URTHR • REQUIRING EACH: SPONSOR TO'
PROVIDE OtASONABLE' ACCESS TO, RECORDS OF.
TICKET -SALES AND 'REQUIRINO ,THE•.01NAL±ket,
teal -TINE' AND PAYMENT'TO THECITY '•6F -ALL SUMS
. DUE.' Ht•REUNCIEVAS ,SOON,IAFTER EACH :EVENT AS
RtASONABLY. POSSIBLE;-• FURTHER,AMPOSINCLA....
:.PtNALTY -OF 2%, PER r MONti-t C•N ALL SUNISAJNPAI 6"
• AFTER 'DEMANI)".THEREVOR ANb.:_.RtQUIRING .THAT
.THE HEREIN TAX••ANO AU.SUMSPAlb'10•THE
FiltRtUNDERBE.DEPOSITEDOAILY•IN THEPUNDSANO r
ACCOUNTS OF THESTAbIUMI 'FURTHER ESTABLISHING'
•CERTAIN MINIMUM GUARANTEED RENTAL:AMOUNTS
. FOR USE OF VARIOUS PARTS OF'THE STADIUM. IN
STANCES WHERE EITHER NO ADMISSION CHARtt
BEING.ASSESSEDFOR A PARTICULAWEVENT, 'OR.THE-
• --ADMISSION .,TAX, REALIZED BY. THE CITY FOR
PARTICULAveto- is': LESS THAW THE MINIMUM:
GUARANTEED••RENTAL AMOUNURT.HER -
ESTABLISHING STANDARDS OR -THISUANCE 0t
COMPLIMENTARY TICKETS TOEVENTS; ALSORESERV;
• ING :UNTO THE CITY COMMISSION:THE RIGHT- TO • -
• ESTABLISH'AND FIX SPECIAL CHARGES; .TERMS AND
• CONDITIONS, PERTAINING0 ,-THE' USE 'OF' THE
STADIUM;' AND REQUIRING EVERY SPONSOR -TO ,PAY
• THECITY'S COST OF OPERATING THE STADIUM FOR
THE PARTICULAR 'EVENT; FURTHER ESTABLISHING
THAT THE., NUMBER OF SECURITY...AND CROWD' •
CONTROLPERSONNEL USED Ai EVENTS BE SUBJECT
• TO PRIOR APPROVAL OF ,THE CITY. MANAGER OR HIS
AUTHORIZED DESIGNEE; • FURTHER REQUIRING: THE-•,. •
SPONSOR -,,TO OBTAIN CERTAIN AMOUNTS•OF !PUBLIC •
LIABILITY INSURANCEFOR BODILY INJURY AND
PROPERTY DAMAGE.AND TO PROVIDE THAT THE CITY
BE INCLUDED AS. A NAMED INSURER AN• SAID :IN-
SURANCE-- POLICY AND -.ALSO .CONTAINING,A. HOLD_ .
HARMLESS PROVISION; REPEALING ALL ORDINANCES. --
OR . PARTS OF; ORDINANCES. IN CONFLICT HEREWITH
AND CONTAINING' A-SEVERABILITY-PROVISION r
. .
•
RALPH G. ONG)E ,' •
CITY CLERK ';: • .
FLORIDAMIAMI
. „
Publication of this Notice on the 29 day of June 1979
6/29 M79,062967—
rn
0
C.II
Joseph R, arassit
City Manager
1irL1'4& 153 1579
Lt Pat Schedule Ordinance
RiCh 45a6h, Aett. Diretto-14' MiBageb5.11 Stadium
Stadiums & Marinas bepartment
bject ordinance
vat,41,,,,,,o*nosie.wayseeteel,
There is presently nothing in the City Code relating to
specific rates to be charged to sponsors of events, the
than proPessional baseball, held at Miami ball Stadium.
There is a need to establish and levy a city tax with
provisions for a minimum guaranteed rental upon each
admission to the Miarni taseball Stadium for the following
uses oP the Stadium;
the playing field only, the greater of $5b per hOur,
up to $500 per day maximum, or 10% of the gross admission
price less any federal-,- state,- or local tax:payable on
the adMission price Electricity and all other event
costs shall:be paid by sponsor.
B. or the entire seating area for an event taking place
on the field, the greater of $2,000 per day or a City
tax of 10% of the gross admission price. Por this
usage, electricity is included but the sponsor shall
pay all other event costs.
C. Por the entire stadium and seating on the field, the
greater of $2,500 or a City tax of 10% of the gross
admission price. Electricity is included,lout the
sponsor shall pay all other event costs.
D. There will be a $150 per day charge for use of the parking
lois. This fee does not include any stadium costs such as
for electricity or:personnel, which will be paid by the
Sponsor.
E. Complimentary tickets shall be limited to 1% of the
total ticket sales.
F. If the admission tax collected is less than the stadium
operating cost, theuser will be required to pay the
defiCiency.
8951
Page 2
C. Spottier It retpottible for a atmplete, aocUrite aattunting
of all ticket saleal for oolleotion br All tax monitatand
for making payment , tt the proper City authoritiet of
sum a due A penalty tf 2% per month it provided t
failure to retake run aeotunting and payment Upon 'demand.
Spontor shall provide all uniformed polio* offitert and/or
teourity) At well at ticket takert, titket tellers And
ushert.
I. Nothing in this propoted'ordiftante thall preclude the
City .Cotmittion.trom establishing and fixing tpeolal - -
charget or special terms and donditiont for the use of '
the stadium.
The_attached ordinance has been prepared to establish a fee
sthedule for.rental of the Miami SateballStadium. The
Department -or Stadiums and Mainat recommends the adoption
of this ordinance.
cc taw IDIDartment
Vinance Department
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