HomeMy WebLinkAboutM-79-0244Mr. Joseph R. Grassie
City Manager
Mayor Maurice A. Ferro'
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April 10, 1979
Agenda Item
Please schedule Mrs. Grace Rockefeller and Attorney Edward A. Carhart to be
be heard at the Commission meeting of April 19, 1979.
Attached you will find a letter from Mr. Carhart concerning adult entertainment
centers.
MAF/ingm
Attachment
79. 244
LAW OFFICES
CAIMAIT AND MCCtt:Tnx, P. A.
EDWARD A. CA 14111A T
TRIAL PRACTICE
PERSONAL INJUR• AND WRONUF UL DEATH
CRIMINAL LAW
JANtis 1G61:1121C
TRIAL [+PA/I_E :.ENERA_
RCCiISTCRED GENERAL PPACTICE
CRIMINAL LAW
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March 22nd, 1979
The Honorable Maurice A. Ferre
Mayor of the City of Miami
and
Members of The Miami City
Commission
3500 Pan American Drive
Miami, Florida
SUITE 2000
FLAGLER CENTER BUILDING
44 WEST FLAGLER STREET
MIAML, FLORIDA :I:JL:.)()
TELEPHONE 1305) 358-6833
Re: Adult Entertainment Centers
Dear Mayor and Commission Members:
I am pleased to accept your gracious invitation to repre-
sent the City of :Iiami in the above styled matters.
It had been my intention to appear before you personally
today to accept your invitation, but I had a previously
scheduled conference with a Justice Department representa-
tive in Washington D.C. which I was unable to postpone.
I have had several extensive conferences with the City At-
torney and the Deputy City Attorney regarding the litiga-
tion and have commenced reviewing the City's files and
ordinances.
By your next meeting, I will be prepared to submit in per-
son a proposal for the specific terms and conditions of
the represent.zti„on and recommenced course of action.
I look forward to working with the City on this matter.
Very truly yours,
CARIIART AND McGUIRK
a(A=t-ttad4z-2
Edward A. Carhart
EAC:rr
cc: George F. Knox
Joseph Grassie
Jose Alvarez
is
//T 7/ 5
ORDINANCE NO. 78-17
AN ORDINANCE AMENDING ARTICLE I, CHAPTER 12,
SECTION 12.25 OF THE CITY OF NORTH MIAMI BEACH
CODE OF ORDINANCES, FOR THE PURPOSE OF ADDING A
NEW CATEGORY AND PROVIDING FOR THE LICENSING AND
REGULATION OF A CERTAIN BUSINESS ENTITLED ESCORT
SERVICES, INCLUDING BUT NOT LIMITED TO ANY BUSINESS
OF A SI?IILAR NATURE AND WHETHER 0R NOT IN CONNECTION
WITH ANOTHER BUSINESS, AND PROVIDING FOR AN INVESTI-
GATION FEE OF $6,000.00 PER YEAR.
WHEREAS, the Mayor and City Council have determined
that it is necessary to amend Chapter 12, Section 12.25 of the City
of North Miami Beach Code of OrdinanLes by adding a new category and
providing for the licensing and regulation of certain businesses en-
titled ESCORT SERVICES, including but not limited to any business of
a similar nature whether or not in connection with another business; and
WHEREAS, the Mayor and City Council have determined
that an investigative fee of $6,000.00 should be charged for investigation,
regulation, inspection and enforcement of this Ordinance.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH MIAMI BEACH, FLORIDA:
Section 1: That the Mayor and City Council have determined that
the foregoing recitals are true and co'rredt.
Section 2: That Chapter 12, Section 12.25 of the City of North
Miami Beach Code of Ordinances be and the same is
hereby amended to read as follows:
Chapter 12, Section 12.25. ESCORT SERVICES, LICENSING
AND REGULATION.
(l) Definitions
The following words, terms and phrases when used
in this ordinance shall have the meanings respectively
ascribed to them in this section, except where the
context otherwise requires:
(a) "Person" or "Business" shall mean any individual
firm,' association, joint venture, partnership,
estate, trust, business trust, syndicate,
biro- 24 4
Ordinance No. 78- 17 /1
OP
fiduciary, corporation, leasehold interest,
or any combination thereof, or any other entity.
(b) "Conviction" shall include an adjudication of
guilt, a plea of guilty or nolo contendere
or the forfeiture of a bond when charged with
a crime or municipal offense.
(c) "Escort Service" is a business named as an
Escort Service or any business however named
which makes a business of introducing individuals
to other individuals for the purpose of providing
companionship for a period of time after the
introduction and for which introduction a fee
is charged.
(d) "Specified Sexual Activities" are defined as:
1. Human Genitals in a state of sexual
stimulation or arousal.
2. Acts of human masturbation, sexual inter-
course or sodomy.
3. Fondling or other erotic touching of human
genitals, pubic region, buttock or female
breast.
(e) "Specified Anatomical Areas" are defined as:
than completely and opaquely covered:
Human genitals, pubic region
Buttock, and
Female breast below a point immediately
above the top of the areola.
2. Human male genitals in a discernibly turgid
state, even if completely and opaquely
covered.
(2) Qualifications for the Issuance of Licenses for
Escort Services.
In addition to any other statutory code or ordinance
provision, licenses to operate escort services shall
79 24 4
P.
Ordinance 78-17/2
be issued only to applicants of good moral
character. In making such a determination the
City Manager shall consider the following:
(a). Penal Conviction Information.
1. Whether the applicant has been convicted
of a felony, misdemeanor, or municipal offense
in the past three years in this state or any
other state for prostitution, lewdness,
assignation, pandering, letting premises for
prostitution, keeping a disorderly house,
illegally dealing in narcotics, or any felony,
misdemeanor or municipal offense involving
obscenity.
2. Whether any stockholder, director, partner,
joint venturer, or manager associated, interested,
or employed in the business of the applicant has
been convicted of a felony, misdemeanor, or
municipal offense in the past three years in
this state or any other state for prostitution,,
lewdness, assignation, pandering, letting
premises for prostitution, keeping a disorderly
house, illegally dealing in narcotics, or any
felony, misdemeanor or municipal offense in-
volving obscenity.
3. Whether the applicant has been associated
with or employed by a corporation or other
business entity that has been convicted of a
felony, misdemeanor, or municipal offense in
the past three years in this state or any
other state for prostitution, lewdness,
assignation, pandering, letting premises for
prostitution, keeping a disorderly house,
illegally dealing in narcotics, or any felony
Ordinance No. 7R-17/3
misdemeanor or municipal offense involving
obscenity.
(b) License History.
Whether the applicant or any individual or
business entity included in (a) above, has
been refused the issuance of or has had any
license for a related business revoked or
suspended in this or any other state and
the reasons therefor.
(c) General Personal History.
Such other facts relevant to the general
personal history of the applicant as the City
Manager shall find necessary to a fair deter-
mination of the eligibility of the applicant.
License Applications, Investigation, Approval or
Disapproval by City Manager.
(a) Any person, before engaging in the Escort
Service business shall file a sworn application
with the Occupational License Division in
the Office of the City Clerk on forms provided
by the License Division.
(b) The completed application form shall be forwarded
to the Chief of Police who within thirty (30)
days will complete a full investigation of the
qualifications of the applicant. Prior to
making any recommendation, the Chief of Police
may request the applicant or any person named
in the application form or any person connected
with any corporation named in the application
form to file a set of fingerprints on regular
U.S. Department of Justice Forms.
(c) Upon completion of the investigation, the,
'Chief of Police shall report his recommendation
to the City Manager as to the approval or dis-
10,
approval of the application which report
shall contain specific reasons for his
recommendation. If approved by the City
Manager, the applicable license shall be
issued by the License Division. If the
license is disapproved by the City Manager,
the applicant shall be notified of the
disapproval and the reasons therefor.
(d) The sole criteria of the City Manager in
disapproving a license shall be:
1. For affirmative responses to any questions
posed pursuant to Sec. 2(2)(a) above, or
2. The license applicant has materially mis-
represented or failed to include information
required by this Chapter.
(4) Revocation of License.
(a) The City Council may revoke the license of
any person or business holding a license issued
under this chapter where it is determined by
the City Council, after hearing, that:
1. The licensee, his or its agents, officers
or employees, has been convicted of a felony,
misdemeanor, or municipal offense in the
past three years in this state or any other
state for prostitutiron, lewdness, assignation,
es
pandering, letting premises for prostitution,
keeping a disorderly house, illegally dealing
in narcotics, or any felony, misdemeanor or
municipal offense involving obscenity, or
2. The licensee has materially misrepresented
or failed to include the information required
by this chapter to be included in his license
Ordinance No. 78-17/5
application form.
(b) At said hearing, the applicant 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
eviiience, and to otherwise properly pre-
sent his position or defense.
(5) Renewal of License.
Every year at least thirty (30) days
prior to the expiration of any license
issued pursuant to this Ordinance or
any license previously issued to an
Escort Service pursuant to any other
provision of Chapter 12 of the Code
of Ordinances of the City of North Miami
Beach, every Escort Service licensee
shall complete and submit a new verified
application to the Office of the City
Clerk on the same form'as required for
the issuance of an original Escort
Service license and each such licensee
shall submit to the same investigation
required under Section 2 of this Ordinance
for th'e'issuance of an original Escort
Service license.
Section 3: Each applicant for an escort service license shall
remit the sum of $6,000.00 with each original application
or application for renewal of each license which sum
shall be used to defray investigative expenses and
which sum is non-refundable whether or not the license
is issued.
Ordinance No. 78- 17 /6
Section 4: That all holders of licenses issued pursuant to this
Ordinance and all employees of such licensees are hereby
made subject to the provisions of Sections 13-13, 13-14,
and 13-15 of the Code of Ordinances of the City of North
Miami Beach.
Section 5: That all classifications, definitions, and fee amounts
set forth in Chapter 12 of the Code of Ordinances of
the City of North Miami Beach to which no reference is
made in this Ordinance shall not be affected by this
Ordinance.
Section 6: That it is hereby declared to he the intention of the
City Council that the sections, paragraphs, sentences,
clauses and phrases of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or
section of this Ordinance shall be declared unconstitutional
or otherwise invalid by a judgment or decree of any court
of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this
Ordinance.
Section 7:
That it is hereby declared to be the intention of
the City Council and it is hereby ordained that the
provisions of this amendment are made a part of the
Code of Ordinances of the City of North Miami Beach
and said amendment shall be deemed to be incorporated
in said Code, and the City Clerk shall perform the
duties required under Ordinance #780 to reflect such
intention, and if deemed editorially more feasible
by the codifier, the sections of this Ordinance, or
of the affected portions of the existing Code, may
be renumbered and relettered to accomplish the foregoing
expressed intention.
Ordinance No. 78- 17 /7
pw
Section 8: That the effective date of this Ordinance shall be
the date of second reading.
PASSED AND ADOPTED by the City Council of the City
of North Miami Beach, Florida in regular meeting assembled this
20 day of February 1979.
ATTEST:
/LE
(CITY SEAL)
Sponsored by: Mayor and City Council
AY R
./17'7
APPR'.'#:D AS TO FORM:
SKS/m Ordinance No. 78-17 /8
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FINANCIAL IMPACT STATEMENT
AMENDING OCCUPATIONAL LICENSE ORDINANCE TO INCLUDE
CATEGORY OF ESCORT SERVICES; PROVIDING FEE OF $7500
Anticipated Revenues:
At an estimated 13 organizations that would fall into this category
at $7,500 per organization per year, the potential for anticipated
revenues totals $97,500.
Anticipated Costs:
Attached is a breakdown of anticipated costs relative to just Police
Department activities in processing licenses under this proposed
Ordinance. Those costs alone amount to $5,320 per license. In
addition, it is anticipated that the following additional man hours
would be required:
application processing by City Clerk 2 hours
zoning review 13 hours
building inspections 33 hours
review by City Manager 4 hours
support activies - clerical & typing 2k hours
Total Hours 133 hours
Total hours at an average of $15 per hour $202.50
Total processing costs per application including
Police investigation and activity $5,522.50
t
ii79" 244
Reference Escort Service License Cost to Police Department par Unit License
1. Application
Escort
Preliminary
and Fingerprint
Managerial and Ownerchip persons per application
Application • Clerical
Fingerprint and classify
Background investigntion by investigators
Clerical support of above include
background mail out; report typing;
filing time
(«Investigators at 1 overtime)
Average coat to city
Eatimuted calory coat $12.00 per hour, $432 par parson
listed au owner or manager or corpornte officer.
Preliminary applications would require at least three
people to be no investigutci en the: overage. Average
cost for license application processing, per license
Cost to process each employee of Service
Fingerprint and classify
Background Investigation
Clerical support
(*Investigative time at 14 overtime)
Average coot per employee at estimated cost of
$12.00 per hour, $?28.00. Estimuto turnover each year
minimum 15 employees coat per year - per complete year
Cost of monitoring on going program during y.nr as required.
Investigation of complaints. Cost of hearings in reference to
violation during year.
Minimum on site investigation 12 per year on regular basis • 36 hours*
(11 investigations at 1 per month, 2 hour per investigation
(MOvertime cost at 1) 24 hours)
Support cost • administration; clerical; per year 6 hours
Estimate yearly coat s+ hours
to City $504.00
Miscellaneous cost printing; vehicle cost, telephonca,
postage, film, I.D. cords, etc. $100.00
1 hour
2 hours
30 hours*
3 hours
3 hours
41,296.00
2 hours
15 pours*
2 hours
19 hours
$3,42O.00
Estimate coat to City end Police Deportment
Application Cost $1296
Employee Cost 3420
Monitoring Coat 504
Miacallaneous 100
Minimum Estimated Cost per license 175T576
Pursuant to the City Manager's request, the above is an
estimated Police Department anticipated administrative and investigative
cost of processing Escort Service Licence Applications of corporate
officers, partners, owners, manager° and employees as will be required
under proposed ordinance.
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MAJOR U. L. %• 1'i I,a:.�
Executive Officer
Administration
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