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Home My WebLink AboutLegislation FR�R City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Ordinance File Number: 09-00990 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS," MORE PARTICULARLY BY AMENDING SECTIONS 39-28 THROUGH 39-31, SECTIONS 39-45 THROUGH 39-46 AND SECTION 39-52, BY DEFINING THE CONCEPT OF BUSINESS TAX RECEIPT, AS OUTLINED IN CHAPTER 31 OF THE CITY OF MIAMI CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intent of the City of Miami ("City") to delineate the responsibility between the Finance Director and the Public Works Director regarding compliance of Section 39-32 through 39-43 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, due to the vocabulary change between the terms of "Occupational License" and "Business Tax Receipt", Chapter 39 of the City Code needs to be updated; 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 and incorporated as if fully set forth in this Section. Section 2. Chapter 39/Article II of the City Code, entitled "Peddlers and Itinerant Vendors," is amended in the following particulars:{1} "CHAPTER 39 PEDDLERS AND ITINERANT VENDORS ARTICLE II. SIDEWALK AND STREET VENDORS Sec. 39-26, Definitions. Business Tax Receipt (BTR) as defined in Chapter 31 of the City of Miami Code. City of Miami Page I of 4 Printed On: 911512009 File Number: 09-00990 Sec. 39-28. License BTR required. It shall be unlawful to sell, or offer for sale, any food, beverage, service or merchandise on any street, alley, sidewalk, or public park within the city from any wagon, truck, auto, pushcart, vehicle or by any other means upon the streets, sidewalks, or alleys of the city until the proper IiGeRse BTR has been issued by the department of finance, at which time a metal or plastic tag shall be furnished, upon which tag shall be the words describing the kind of vendor, and the year for which the tiseRse BTR is paid. Such tag shall be, at all times during the period for which the 1'� BTR is paid, securely affixed and attached in a conspicuous place on the left side and upon the stand, wagon, truck, auto, pushcart, or other vehicle used in the business by the vendor or wholesale peddler. Sec. 39-29. License not applicable in certain areas of the city during certain time periods. L i�Ges BTR issued under the provisions of chapter 31 to vendors shall not be applicable within certain areas of the city designated by the city manager during specific time periods designated for authorized special events. The areas so designated shall not encompass more than five percent of the total land area of the city; the total of the time periods so specified shall not exceed 30 days in any fiscal year. Sec. 39-30. Applications. The i;� BTR required by section 39-28 shall be issued in accordance with chapter 31, of the City Code. The initial application for a vendor's i;� BTR shall include, in addition to the information required in section 31-35: (1) Name, home and business address of the applicant and the name and address of the owner, if other than the applicant, of the vending business, stand, or motor vehicle to be used in the operation of the vending business. (2) A description of the type of food, service, or merchandise to be sold. (3) A description and photograph of any stand or motor vehicle to be used in the operation of the business, including the license and registration number of any motor vehicle used in the operation of the business. Photograph shall be of standard motor vehicle in operational mode. (4) Three two-inch by two-inch prints of a full -face photograph, taken not more than 30 days prior to the date of the application, of any person who will sell, or offer for sale, any food, service, or merchandise on any street or sidewalk within the city. (5) A certificate of inspection, as required by section 39-42. Sec. 39-31. Issuance. City of Miami Page 2 of 4 Printed On: 9/15/2009 File Number: 09-00990 Not later than 30 days after the filing of a completed application for a vendor's license, the applicant shall be notified by the finand.e department for the decision on the issuance or denial of the t;� BTR. Failure of the finance department to place notification of said decision in the mail or personally notify the applicant with acknowledgment shall require immediate issuance of the requested license to the applicant. The #+naRse Public Works director or designee shall consider the standards set forth in sections 39-32 through 39-43, in determining whether to gFaRt a liGeRrecommend to the finance Director or designee that a BTR be issued. If the issuance of the tisense BTR is approved, the finance department shall issue the IiGeRse BTR. If the t+seRse BTR is denied, the applicant shall be provided with a statement of the reasons therefor, which reasons shall be entered in writing on the application. The applicant shall be entitled to a hearing, pursuant to section 39-46. A iiseese BTR issued pursuant to this action is valid for a period as prescribed in section 31-37. Sec. 39-45. Renewal. Subject to the provisions of section 39-29, all licenses are valid for the entire licensing period unless revoked or suspended prior to expiration. Application to renew a tiseRSe BTR shall be made not later than 30 days before the expiration of the current i+seR6e BTR in accordance. Sec. 39-46. Denial, suspension, revocation. Any license or permit may be denied, suspended or revoked in accordance with the procedures contained in chapter 31 for any of the causes set forth in said chapter 31 in addition to the following causes: (1) Fraud or misrepresentation contained in the application for the i+sense BTR or permit. (2) Fraud or misrepresentation made in the course of carrying on the business of vending. ( 3) Carrying or possessing dangerous weapon. (4) Conduct of the fiseesed BTR holder permitted business in such manner as to create a public nuisance, or constitute a danger to the public health, safety, welfare or morals. (5) Conduct which is contrary to the provisions of this article. Sec. 39-52. Enforcement of article. It shall be the duty of the members of the police department, 1;� BTR inspectors, and code inspectors of the city, to enforce the terms and conditions of this article, and if any person is found violating the provisions of this article to arrest such person and hold such violator for proper legal action in the county court or cite such person for appearance before, and action by, the city's code enforcement board. City of Miami Page 3 of 4 Printed On: 911512009 File Number., 09-00990 Section 3. If any section, part of a 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} APPROVED AS TO FORM AND CORRECTNESS JULIE 0. 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. City of Miami Page 4 of 4 Printed On: 911512009