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City of Miami
City Hall
3500 Pan American
Drive
L@CjISIatIOI'1
Miami, FL 33133 -
www.miamigov.com
Ordinance
File Number: 09-00957
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
4/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ALCOHOLIC BEVERAGES/NIGHTCLUBS," MORE PARTICULARLY
BY AMENDING SECTION 4-42 THROUGH 4-76 TO CHANGE THE TERM
"LICENSE" TO "BUSINESS TAX RECEIPT" AND TO AMEND THE
QUALIFICATIONS FOR APPLICANTS; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Local Occupational Tax Act ("Act"), codified in Chapter 205, Florida Statutes,
governing the issuance of occupational licenses by local governments was amended by the Florida
Legislature in 2006; and
WHEREAS, local governments in Florida are required by state law to amend their local
occupational license tax ordinance to comply with these changes; and
WHEREAS, on February 8, 2007, the City Commission adopted Ordinance No. 12885, thereby
amending Chapter 31 of the Code of the City of Miami, Florida, as amended ("City Code") to reflect
the above changes but did not change the use of the term "license" in Chapter 4 of the City Code; and
WHEREAS, the proposed change is necessary to provide consistency with the Act and with
other elements of the City Code; and
WHEREAS, the criminal background check requirement in Section 4-44 of the City Code is
being removed since the State of Florida already requires such a check prior to licensure;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 4, Article II of the City Code is amended in the following particulars: {1)
"CHAPTER 4
ALCOHOLIC BEVERAGES
ARTICLE II. NIGHTCLUBS
City of Miami Page 1 of 5 Printed On: 9/15/2009
File Number- 09-00987
DIVISION 1. GENERALLY
Sec. 4-42. Service of meals and refreshments required; minimum space requirements.
(a) It shall be unlawful to operate any nightclub in the city, unless meals or refreshments are
prepared and served on the premises in connection with vaudeville or theatrical entertainment or
dancing, which is also required. Space occupied by chairs and tables for service of meals to not less
than 200 persons shall be set up and maintained. Floor space of at least 400 square feet shall be
located in one unit and on the same floor and suitably prepared for dancing, free from tables, chairs or
other obstructions, all of which shall be provided and maintained at all times.
(b) Any existing establishment, used ai;d litea as a nightclub as of September 30, 1974, shall be
allowed to maintain the occupant content established and posted by the fire marshal, notwithstanding
the minimum space requirements in subsection (a) of this section. This occupant content, pertaining to
both meals and seating capacity, shall prevail until such time as the present structure is modified,
altered or repaired, at a cost in excess of 25 percent of the value of the existing structure. If, during
any 12 -month period, the cost of alterations exceeds 25 percent of the value of the building, the
i'^� establishment shall fulfill the minimum requirements of 200 persons as set forth in subsection
(a) of this section.
Sec. 4-44. Qualifications of applicants for nightclub 1'� business tax receipt.
(a) In addition to any other statutory, Code or ordinance provision, the general qualifications of every
applicant for a city nightclub iiseRse business tax receipt shall be considered and applied by the
treasury management division of finance department. The applicant shall be of good moral character.
In making such determination the city 1'� officer shall consider:
(1)
past 15 yeaFs Gf aRy feleRy *R this state, 9F has beeR GGRViGted 'R aRy GtheF state 9F the URited State.,,,-
GhaFged with a Grime. State Licensure. The applicant must provide a copy of a valid and current
license from the Florida Department of Business and Professional Regulation, Division of Alcoholic
Beverages and Tobacco for the sale of alcoholic beverages (i.e., 4 COP).
(2) UGBRse Business tax receipt history: The iiseRse business tax receipt history of the applicant;
whether such person in previously operating in this or another state under a fiseRse business tax
receipt has had such i+seRse business tax receipt revoked or suspended, and the reasons therefor.
(3) General personal history: Such other facts relevant to the general personal history of the
applicant as necessary to a fair determination of the eligibility of the applicant.
(b) The applicant shall present a certificate of occupancy furnished by the plaRRiRg, building a4;�d-
Z9RiRg department stating that the proposed use of any premises is not a violation of city planning,
building and zoning regulations.
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File Number.' 09-00987
Sec. 4-45. Refusal of new i+seRse business tax receipt or change of name on IiGeRse business tax
receipt for certain convictions during preceding year.
(a) No nightclub 1'� business tax receipt shall be newly issued, nor shall the name on a nightclub
1;� business tax receipt be changed in any manner, at any time during a i'� business tax
receipt year at the location of any establishment that previously possessed a lice sed nightclub
business tax receipt when the holder or any managing agent or employee of the holder of a nightclub
liGeRse business tax receipt at such location has been convicted of a violation of this chapter or the
alcoholic beverage laws of the state during the then -current ase business tax year or during a
one-year period prior to any application or request therefor.
(b) A designation of the conviction relied upon by the city under the foregoing paragraph may be
obtained by request made to the office of the city manager.
(c) Any person subject to the foregoing provision may request and obtain a hearing before the city
commission, as a result of which hearing the city commission may authorize or deny the issuance of a
new nightclub i'�business tax receipt to such person or grant or refuse the request for a change
of name on a nightclub PSeese business tax receipt providing any applicable provision of section 31-35
is fulfilled relative to such request for a change of name.
Sec. 4-46.
I, AAI h„.;inp � +,,, .o,.o „+ Renewal requirements for nightclub local business tax receipts.
Renewal of a nightclub t+sense business tax receipt for each year shall require a current certificate of
use and a valid and current license from the Florida Department of Business and Professional
Regulation, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic beverages wFi++�
Sec. 4-47. Suspension and revocation of certificate.
Where it is found that the building code requirements and zoning requirements, insofar as they pertain
to the health, welfare and safety of the citizens of the city, are not complied with, as well as the
regulations of the county health department, contrary to the written statements of the owner or
operator, the certificate of use formerly granted to such owner or operator shall be suspended for a
period of 30 days or until such condition is corrected to conform with the aforementioned codes and
regulations. Should the condition in violation of such codes and regulations exist for a period longer
than 30 days, the certificate of use issued to such operator or owner by the city shall be revoked.
Sec. 4-48. Refusal of renewal, etc., of i+seRse local business tax receipt for certain convictions during
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File Number.' 09-009$7
preceding licensing year.
(a) No nightclub i'� business tax receipt shall be issued, reissued or renewed at the start of a
new licensing year at the location of any establishment that previously possessed a liseRsed nightclub
business tax receipt when the holder or any managing agent or employee of the holder of a nightclub
business tax receipt at such location has been convicted of a violation of this chapter or
the alcoholic beverage laws of the state during the city Vie -business tax year immediately
preceding such new licensing year.
(b) A designation of the conviction relied upon by the city under the foregoing paragraph may be
obtained at or before the start of the liseRsi�business tax year or prior to the date such liGeRse
business tax receipt is sought by request made to the office of the city manager.
(c) Any holder or former holder of, or applicant for, a nightclub t+seRse business tax receipt subject to
the foregoing provision may request and obtain a hearing before the city manager, as a result of which
hearing the city manager may authorize or deny the issuance, reissuance or renewal of a nightclub
tisense- business tax receipt to such holder, former holder or applicant after hearing such evidence as
may be presented concerning the previous and the proposed operation of such nightclub. The action
of the city manager authorizing or denying the issuance, reissuance or renewal of a nightclub license
business tax receipt after such hearing shall be final. The request for a hearing must be received by
the city manager within 30 days after the start of the new liseRse-business tax year, unless another
time for such hearing is set by the city manager. A holder of a nightclub llseRse business tax receipt
for the year preceding the new license business tax year, subject to the provisions of this section, shall
not be considered to be operating without a current nightclub liGeRse business tax receipt, solely due
to the provisions of this section, pending the hearing before the city manager.
DIVISION 2. EMPLOYEES
Sec. 4-76. ' i�ee Nightclub not to permit entertainers to contact or associate with patrons.
It shall be unlawful for the holder of a nightclub license business tax receipt to require, request
or permit any person engaged directly or indirectly as an entertainer in the lirepsed establishment or in
any room or place connected therewith to contact or associate with the patrons of such establishment,
room or place for any purpose whatsoever.
*1I
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2}
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File Number.• 09-00987
APPROVED AS TO FORM AND CORRECTNESS.
c:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1 } Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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