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HomeMy WebLinkAboutO-13104Vop City of Miami F .. , 'Ir* Legislation i 0 R �O Ordinance: 13104 File Number: 09-00987 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/8/2009 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 City of Miand Page 1 of 5 File Id. 09-00987 (Version: 1) Printed On: 6/30/2017 File Number: 09-00987 Enactment Number: 13104 ARTICLE II. NIGHTCLUBS 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 and IiGensed 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^�ee 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 IiGense business tax receipt. (a) In addition to any other statutory, Code or ordinance provision, the general qualifications of every applicant for a city nightclub IiGense 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 IiGense officer shall consider: (1) Penal histery: All GenViGtiens, the reasens therefor, and the derneaner of the appliGant subsequent to his release. No IiGense shall be issued to any person whe has been GenViGted on the last past 15 years of any felony On this state, er has been GenViGted on any other state or the Unit States, of any offense designated as a felony by SLIGh state er the United States, E)F to a Gc)rpc)ratkm-, any ene of whose OffiGers, direGtGFS, agents or employees has been SE) GenViGted. The term if " shall inGlude an adjudiGation of guilt or a plea of guilty or nGIG Gentendere, or the forfeiture of a hers! when Gharged 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) dense Business tax receipt history: The IiGense business tax receipt history of the applicant; whether such person in previously operating in this or another state under a IiGense business tax receipt has had such iii 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 Wig, building aed- g department stating that the proposed use of any premises is not a violation of city planning, City of Miand Page 2 of 5 File Id. 09-00987 (Version: 1) Printed On: 6/30/2017 File Number: 09-00987 Enactment Number: 13104 building and zoning regulations. Sec. 4-45. Refusal of new IiGense business tax receipt or change of name on i;� business tax receipt for certain convictions during preceding year. (a) No nightclub IiGense business tax receipt shall be newly issued, nor shall the name on a nightclub IiGense business tax receipt be changed in any manner, at any time during a IiGense business tax receipt year at the location of any establishment that previously possessed a i;�d nightclub business tax receipt when the holder or any managing agent or employee of the holder of a nightclub IiGense 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 IiGense 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 IiGense business tax receipt to such person or grant or refuse the request for a change of name on a nightclub Ise 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 IGGal business +w reGe;pt Renewal requirements for nightclub local business tax receipts. Renewal of a nightclub Ise 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 written statement, properly notarized by the owner er operater of establishments serving a'Gc)hc)!OG beverages fGF GGnSUFnPtiGn en the premises, that, to the best of his knowledge, the establishment GOMplies the existing building and zening Gedes fer the Gity and the regulations of the Gounty health department, insefar as they pertain tO the health, welfare and safety of the Gitizens E)f the Gity 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. City of Miand Page 3 of 5 File Id. 09-00987 (Version: 1) Printed On: 6/30/2017 File Number: 09-00987 Enactment Number: 13104 Sec. 4-48. Refusal of renewal, etc., of IiGense local business tax receipt for certain convictions during preceding licensing year. (a) No nightclub IiGense 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 'i^�a nightclub business tax receipt when the holder or any managing agent or employee of the holder of a nightclub'i^sIGGal 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 IiGense 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 IiGensigg business tax year or prior to the date such IiGense 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 IiGense 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 IiGense 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 IiGense business tax year, unless another time for such hearing is set by the city manager. A holder of a nightclub Ise business tax receipt for the year preceding the new IiGense business tax year, subject to the provisions of this section, shall not be considered to be operating without a current nightclub Ise business tax receipt, solely due to the provisions of this section, pending the hearing before the city manager. DIVISION 2. EMPLOYEES Sec. 4-76. ' ire Nightclub not to permit entertainers to contact or associate with patrons. It shall be unlawful for the holder of a nightclub IiGense business tax receipt to require, request or permit any person engaged directly or indirectly as an entertainer in the 'i^�a 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. 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 City of Miand Page 4 of 5 File Id. 09-00987 (Version: 1) Printed On: 6/30/2017 File Number: 09-00987 adoption thereof. {2} Footnotes: Enactment Number: 13104 {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. City of Miami Page 5 of 5 File Id. 09-00987 (Version: 1) Printed On: 6/30/2017