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Home My WebLink AboutO-13106Vop City of Miami F .. '961is, *'Ir Legislation i 0 R �O Ordinance: 13106 File Number: 09-00991 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, WITH ATTACHMENT(S), AMENDING CHAPTER 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX," BY RE -DEFINING BUSINESS TAX, ADDING THE ENFORCEMENT PROCEDURE, UPDATING THE CATEGORY SECTION, AND INCREASING FEES FOR ALL CATEGORIES BY FIVE -PERCENT (5%); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intent of the City of Miami ("City") to update the Code of the City of Miami, Florida, as amended ("City Code"), to reflect the term Local Business Tax Receipt ("BTR"); and WHEREAS, this ordinance adds a mechanism for enforcement; and WHEREAS, an update to the "Category Section" is necessary to reflect a new format and update requirements to certain local business tax receipt categories; and WHEREAS, pursuant to Florida Statute 205.0535, the City has adopted the rate structure as set forth in the City Code; and WHEREAS, the rates for BTRs may be increased every other year by up to five percent (5%); and WHEREAS, rates for the City BTR's have not been increased since 1995; 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 31/Article II of the City Code, entitled "Local Business Tax and Miscellaneous Business Regulations/Local Business Tax," is amended in the following particulars:{1} "CHAPTER 31 LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS City of Miand Page 1 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 ARTICLE II. LOCAL BUSINESS TAX(BTR) Sec. 31-26. Required; separate locations to comply with BTR'i�a separately; doing business with the City of Miami atid�or its agencies. (a) As a condition precedent to engaging in or operating in the City any business, profession or occupation referred to expressly or otherwise in section 31-50 herein, whether as owner, agent, employee, manager or operator, a BTR IiGense shall be procured from the City as provided in this article, on or before October 1 of each year. Any individual, partnership, or other incorporated or unincorporated business entity conducting any business, profession or occupation referred to in section 31-50 herein, whether as owner, agent, employee, manager or operator, who does not possess a valid and current BTR '^^a' business +w reGe;n+ and display the same as required by section 31-27 herein, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in section 1-13. Each day the above-described violation occurs shall constitute a separate offense. (b) Such conditions precedent shall apply, separately and severally, to each place or location where any such business, profession or occupation will be engaged in or operated regardless of the capacity in which the person or legal entity engaging in or operating such business, profession or occupation shall act, whether as owner, agent, manager or operator. (c) Except where specifically contrary to general law, any person doing business with the City of Miami and/or any of its agencies shall obtain a City of Miami BTR leGal business +w FeGei„ t for the type of business they are contracting. Sec. 31-27. Display. All BTR 'i^�s issued by the City, unless otherwise provided by law, shall be displayed in the office or some other conspicuous place within the complying 'i^�a establishment or on the premises thereof and shall be displayed to the general public or any police department personnel, BTR '^^a' business +w reGeipt inspector, code enforcement inspector, or other official of the City upon request during normal business hours. If the business does possess a valid and current BTR IiGense but fails to display the same as required by this section, said BTR i;� may be suspended by the City Manager or designee upon notification of said refusal by the City Attorney. Upon said notification, the City manager or designee shall schedule a hearing as mandated by subsection 31-49(b) herein. A suspension for failure to display shall extend for a period of 30 days. Sec. 31-28. Definitions. Other definitions are contained within section 31-50 herein, pertaining to particular occupational classifications. For the purposes of this article, the following definitions apply: Agency for Health Care Administration (AHCA) is the agency referred to in F.S 402.03 or its statuary successor, administrative department or division. Business, profession and occupation do not include customary religious, charitable or educational City of Miami Page 2 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 activities, or nonprofit religious, nonprofit charitable or nonprofit educational institutions. Charitable institutions shall mean only nonprofit corporations operating physical facilities in Florida at which are provided charitable services, a reasonable percentage of which shall be without cost to those unable to pay. Department of Business and Professional RegulationD( BPR) is the state agency referred to in F.S. §20.165 or its statutory successor, administrative department or division. Department of Health and Rehabilitative Services (HRS) is the state agency referred to in F.S. §20.19 or its statutory successor, administrative department or division Department of Highway Safety and Motor Vehicles (DMV) is the state agency referred to in F.S. §20.24 or its statutory successor, administrative department or division. Educational institutions shall mean State tax -supported or parochial, Church and nonprofit private schools, Colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and secondary schools, department of education or the Florida Council of Independent Schools. Non-profit libraries, art galleries and museums open to the public are defined as educational institutions and eligible for exemption. Local Business Tax Receipt (BTR) Document shall mean the document that is issued by the City which bears the words "local business tax receipt" and evidences that the person in whose name the document is issued has complied with the provisions of this article and F.S. ch. 205, relating to the business tax. Local Business Tax Receipt (BTR )FEE shall mean the fees charged and the method by which the City grants the privilege of engaging in or managing a business, profession, or occupation within its jurisdiction. It does not mean any fees or licenses paid to any board, commission, or officer for permits, registration, examination, or inspection. Merchandise shall mean goods, wares, articles, stock, and other things of value, including goods on consignment. Merchant retailer shall mean an individual, company, co -partnership, corporation, other business entity or agent who acquires for the purpose of sale, keeps for sale, offers or exposes for sale or sells individual units of merchandise to an ultimate consumer and not for resale. Merchant wholesaler, distributor, jobber or consignment shall mean an individual, company, co -partnership, corporation, other business entity or agent who may or may not maintain a fixed place of business in the City who sells or offers to sell merchandise for resale to a merchant retailer or any other party for resale. A wholesale BTR liGense does not cover anyone who sells directly to the consuming public. Religious institutions shall mean churches and ecclesiastical or denominational organizations, or established physical places for worship in this state at which non-profit religious services and activities are regularly conducted and carried on and shall also mean church cemeteries. City of Miami Page 3 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 Sec. 31-29. Exemptions; motor vehicles. Vehicles used by any person in compliance 'iced with tomer this article for the sale and delivery of tangible personal property at either wholesale or retail from his place of business on which a BTR IGGal business +w reGeipt is paid shall not be construed to be separate places of business, and no BTR '^^a' business +w ro^o;n+ may be levied on such vehicles or the operators thereof as salesmen. Sec. 31-30. Exemption allowed certain disabled persons, the aged, and widows with minor dependents. (a) All disabled persons physically incapable of manual labor, widows with minor dependents, and persons 65 years of age or older, with not more than one employee or helper, and who use their own capital only, not in excess of $1,000.00, shall be allowed to engage in a business, profession or occupation without being required to pay for a BTR '^^a' business +w reGeipt The exemption provided by this section shall be allowed only upon the certification of a reputable physician, currently admitted to the practice of medicine in the State of Florida, that the applicant claiming the exemption is disabled, the nature and extent of the disability being specified therein; and in case the exemption is claimed by a widow with minor dependents or a person over 65 years of age, proof of the right to the exemption shall be made. Any person entitled to the exemption provided by this section shall, upon application and furnishing of the necessary proof as aforesaid, be issued a BTR IeGal busine tax pi which shall have plainly stamped or written across the face thereof the fact that it is issued under this section, and the reason for the exemption shall be written thereon. (b) In no event under this or any other law shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by law for the issuance of a BTR IiGense to sell intoxicating liquors or malt and vinous beverages. Sec. 31-31. Exemptions allowed disabled veterans of any war or their unremarried spouses. (a) Any bona fide, permanent resident elector of the State who served as an officer or enlisted person during any of the periods specified in F.S. §1.01(15) in the armed forces of the United States, National Guard, or United States Coast Guard or Coast Guard Reserve, or any temporary member thereof, who has actually been, or may hereafter be, reassigned by the Air Force, Army, Navy, Coast Guard, or Marines to active duty during any war, declared or undeclared, armed conflicts, crises, etc., who was honorably discharged from the service of the United States, and who at the time of his or her application for a BTR '^^a' business +w reGeipt as hereinafter mentioned shall be disabled from performing manual labor shall, upon sufficient identification, proof of being a permanent resident elector of the State of Florida, and production of an honorable discharge from the military service of the United States: (1) Be granted a BTR '^^a' business +w reGeipt to engage in any business, profession or occupation in the City which may be carried on mainly through the personal efforts of the complyee as a means of livelihood and for which the BTR leGal business +w reGeipt does not exceed the sum of $50.00 for each without payment of any BTR'^^a' bus'... ess ax otherwise provided for by law; 2) Be entitled to an exemption to the extent of $50.00 on any BTR IGGal business +w reGeipt City of Miami Page 4 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 to engage in any business, profession or occupation in the state which may be carried on mainly through the personal efforts of the BTR Holder 'i^e-as a means of livelihood when the state, county, or municipal BTR IiGense for such business, profession or occupation shall be more than $50.00. The exemption heretofore referred to shall extend to and include the right of BTR Holder 'i^�e to operate an automobile for hire of not exceeding five -passenger capacity, including the driver, when it shall be made to appear that such automobile is bona fide owned or contracted to be purchased by the BTR Holder'i^�e and is being operated by him or her as a means of livelihood and that the proper BTR'^^a' business +w for the operation of such motor vehicle for private use has been applied for and attached to said motor vehicle and the proper fees therefore paid by the BTR Holder'i�e. (b) When any such person shall apply for a BTR '^^a' business +w reGeipt to conduct any business, profession or occupation for which the BTR '^^a' business +w shall exceed the sum of $50.00, the remainder of such BTR IeEaf business +w in excess of $50.00 shall be paid by him. (c) Reasonable proof not inconsistent with F.S. §205.171(3) shall be shown to establish the fact that the applicant is disabled. (d) BTR's'i^�e issued under this section shall be in the same general form as other BTR i^-ai business +a., reGeipts issued under this article and shall expire at the same time as such other BTR'^^a' business +w reGeip s issued under this article. (e) All BTR's '^^a' business +w reGeip s obtained under the provisions of this section by the commission of fraud shall be deemed null and void. Any person who has fraudulently obtained any such BTR '^^a' business +w reGeipt or who has fraudulently received any transfer of a BTR IeEa4 h, usiness,sires +taxw rete pt issued to another, and has thereafter engaged in any business, profession or occupation requiring a BTR '^^a' business +w reGeipt under color thereof shall be subject to prosecution as for engaging in a business, profession or occupation without having the required BTR i^Gai business +w reGeipt under the laws of this State and of the City. Such BTR '^^a' business tax reEe+pt shall not be issued in any County other than the County wherein the veteran is a bona fide resident citizen elector, unless such veteran applying therefore shall produce to the tax collecting authority in such County a certificate of the tax collector of his or her home County to the effect that no exemption from BTR '^^^' business +w reEeipt has been granted to such veteran in his or her home county under the authority of this section. (f) In no event, under this or any other law, shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by law for the issuance of a BTR Ise to sell intoxicating liquors or malt and vinous beverages. (g) The unremarried spouse of the deceased disabled veteran of any war in which the United States armed forces participated will be entitled to the same exemptions as the disabled veteran. Sec. 31-32. Charitable, etc., organizations; occasional sales, fundraising; exemption. No BTR'^^a' business +w reGeipt shall be required of any charitable, religious, fraternal, youth, civic, service, or other such organization when the organization makes occasional sales or engages in fundraising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, City of Miami Page 5 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 fraternal, youth, civic and service activities of the organization. Sec. 31-33. Religious tenets; exemption. Nothing in this article shall be construed to require a BTR IGGal business +w reGeot for practicing the religious tenets of any church. Sec. 31-34. Governmental agency, entity or employee; exemption. (a) No Federal, State, County or Municipal governmental agency or entity shall be required to obtain a BTR IGGal business +w reGei,+ (b) A member of one of the professions who is employed by the United States government, State of Florida, or one of its political subdivisions, and practices his profession solely as an employee thereof shall not be required to obtain a BTR IGGal business +w reGei,+ Sec. 31-35. Application procedure; grounds for denial. (a) Form. No BTR IiGense shall be issued or granted to any applicant to engage in any business or in the practice or pursuit of any profession or occupation coming within the categories mentioned in section 31-50 herein, unless the applicant shall first make application and complete an application form stating the following: (1) The name of the applicant. (2) Where applicable, the business address where the applicant has obtained a valid and current certificate of use from the department of planning, building and zoning for the business activity which the applicant seeks to engage in. (3) The name of the business, including, without limitation any fictitious name issued under the fictitious name statute of the State of Florida. (4) In the initial application state whether the applicant has ever had any BTR'^^a' business tax reEe+pt issued under this article revoked or suspended. (5) The application form shall have the following language: STATEMENT: This information is given freely and voluntarily, and all the facts, figures, statements contained in this application are true and correct. City of Miami Page 6 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 (6) The applicant shall sign the application. (7) The application shall contain a section designated "emergency locator." The applicant shall fill out as part of the BTR liGense application the resident address and resident phone number of the owner and manager or other local persons to be notified in case of fire or other emergencies. Any changes in such information during the period for which the BTR Holder liGense is issued shall be made to the BTR liGense division, in writing. (8) The applicant shall furnish all other information requested by the finance department as deemed necessary for its determination of the appropriate BTR liGense and the amount of said BTR- liGense applicable thereto. (b) Grounds for denial. Grounds for denial of the issuance of a BTR liGense shall include: (1) The applicant has materially misrepresented or failed to include the information mandated by this article in the application. (2) The applicant, individual, partnership, or other incorporated or unincorporated business entity desiring to engage in the business applied for in this application currently has that BTR liGense under suspension or revocation. (3) The applicant, individual, partnership or other incorporated or unincorporated business entity desiring to engage in the business as described in the application has not provided the Finance Department with a valid and current Certificate of Use from the Planning, Building and Zoning Department. (4) The applicant, individual, partnership or other incorporated or unincorporated business entity desiring to engage in the business as described in the application is the subject of code enforcement procedures, a State law or County violation, or a violation of the Zoning Ordinance or other City Ordinance, where the applicant's business enterprise is located or is to be located. Said BTR fecal business +w reGeip shall be withheld by the Finance Director until such time as said violation is corrected and all attendant fines are paid in full, or the code enforcement board, a special master, or a court of competent jurisdiction issues an order directing the issuance of the BTR IGGal business tax reGeipt. (c) Any person whose application for a BTR liGense has been denied by the finance director under this section or under section 31-41 may, by appropriate written petition to the Department of hearing boards, seek a hearing pursuant to section 31-49. The request for a hearing must be made within 30 days after the notice of denial by the Finance Director, is submitted to the applicant. (d) BTR I nasal business fw ronoin+ issued. The BTR IGGal business +w reGeipt shall have the name of the finance director imprinted thereon. Sec. 31-36. Application notarization required. Where the application is made for the following BTR local business tax receipts, the signature of the applicant shall be notarized: allGtien sales, seGendhand dealer non motorized vehicles for City of Miami Page 7 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 hire, Eabare+� ^er nightGlubs, suppeF GlubsdaTcehalls, private SGh,,,,ls „r nurseries, bankruptcy and closing -out -sales; and automobile or vehicle towing from private property.. IeGksrni+hs, hinge „r n„o�+ namoco waste acte nnllon+nrs and health studies. Sec. 31-37. Duration. No BTR IGGal business +w reGeipt under this article shall be issued for more than one year. The Finance Department shall not issue a BTR IGGal business +w reGeipt to any individual, partnership, or other incorporated or unincorporated business entity whose local BTR business tax reGeipt for a specified business activity at a particular location has been suspended during such period nor to any individual, partnership, or other incorporated or unincorporated business entity whose BTR IGGal business +w reGeipt for a specified business activity at a particular location has been revoked until the expiration of such revocation imposed under the provisions of this article. Sec. 31-38. Due date and proration of BTR. IGGal business +w reGeipt (a) Except as otherwise provided, BTR IGGal business +w reGeipt under this article shall be due and payable on September 30 of each year. If September 30 falls on a weekend or holiday, it shall be due on or before the first working day following September 30. (b) Unless otherwise provided, for each local business tax receipt obtained between October 1 and the succeeding March 31, the full tax for one year shall be paid. For each license obtained between April 1, and the succeeding September 30, one-half the full tax for one year shall be paid. Sec. 31-39. Penalty, late payment of local business tax or original local business tax receipt. (a) BTR I ^^aI business +w roGeots that are not renewed when due and payable are delinquent and subject to a delinquency penalty of ten percent for the month of October, plus an additional five percent penalty for each subsequent month of delinquency until paid. However, the total delinquency penalty may not exceed 25 percent of the BTR IGGal business +w for the delinquent establishment. (b) Any person engaging in, managing, or operating any business, profession, or occupation without first obtaining a BTR IGGal business +w reGeipt shall be subject to a penalty of 25 percent of the IGGal business +w reGeipt amount due, in addition to the penalty provided by section 31-26 herein, and in addition to any penalty provided by law or ordinance. (c) Any person who engages in any business, occupation, or profession covered by this article, who does not pay the required BTR IGGal business +w within 150 days after the initial notice of tax due, and who does not obtain the required BTR IGGal business +w reGeipt is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00. Sec. 31-40. Renewal of BTR IGGal business +w reGeipt (a) BTR I ^^aI business +w reGeipt renewals shall be due and payable and expire on September City of Miami Page 8 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 30. Those BTR IGGal business +w reGein+c not renewed by September 30 shall be considered delinquent and subject to a delinquency penalty as provided in subsection 31-39(a). (b) The Finance Director is authorized to renew BTR IGGal business +w reGein+c upon receipt of a substantially completed renewal application form, Certificate of Use issued by the Departments of Planning, Building and Zoning; with or without the applicant's signature, provided that payment of the necessary BTR IGGal business +w accompanies the renewal form. Sec. 31-41. Grounds for nonrenewal. The following constitute adequate grounds for the Finance Director to deny renewal of a BTR IGGal business +w renein+• (1) The BTR Holder Ii^�ee has an unpaid balance for the previous year's or years' BTR lecal business +w renein+• 0 (2) The BTR Holder Ii^�ee has materially misrepresented or failed to include the information required by this article to be included in the BTR IGGal business +w re^ein+application form; (3) The BTR Holder Ii�ee, subsequent to being issued a IGGal business +w re^ein+ has been convicted of, or has pled guilty to, a violation of a law of this State, or Ordinance of the County or Ordinance of the City, which violation occurred as a part of the main business activity approved Iine�a and not merely incident thereto; (4) The BTR Holder I�ee is conducting business from premises which do not possess a valid and current Certificate of Occupancy issued by the Planning, Building and Zoning Department; (5) The BTR Holder Ii^�ee is conducting business from premises which do not possess a valid and current certificate of use issued by the planning, building and zoning department; (6) The BTR Holder Ii^�ee is conducting business from the proposed premises and is not in compliance with a zoning ordinance or other City ordinance. (7) The BTR Holder Ii�ee has obtained a Permit, Certificate or BTR l,Ge se, including a BTR IGGal business +w re^ein+ issued pursuant to this article, by misleading, and/or deceptive information or making false statements that were relied upon by the City or an employee operating in an official capacity in issuing the above- Mentioned Permit(s), Certificate(s) or BTR Ii�(s); or (8) There is a pending judgment, order, injunction or decree entered by a court or tribunal of competent jurisdiction against said Ii�e from engaging in the activity for which he seeks a BTR IGGal business +w renein+ renewal. Sec. 31-42. Refunds. (a) The Finance Director is hereby authorized and empowered to refund any money paid for a BTR IGGal business +w re^ein+ under this article only when an overpayment is found to exist or there has been payment for a BTR IGGal business +w reGein+ that is not ren, herd by this ar+iGle City of Miami Page 9 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 - (b) All requests for refunds must ben writin an ay be granted upon presentation of the original BTR IGGal business +w reGein+ in question when applicable and documenting evidence supporting the request for refund as may be required by the finance director. (c) All refunds applied for pursuant to this section may be requested within one year from the date the oriinal BTR IGGal busies bcame due and shall b barred if not so presented. Sec. 31-43. Transferability. (a) Upon payment of a transfer fee up to ten percent of the annual BTR IGGal business +w but less than $3.00 or not more than $25.00, all BTRs IGGal bus— o;n+s issued by the City shall be transferable with the approval of the Finance Director or his designee, except as otherwise prohibited by this Chapter, when there is a bona fide sale and transfer of the property used and employed in the business as stock in trade, and not otherwise; provided that the seller of the business shall present the local BTR business +w Goin+ to the Finance Department with an endorsement assigning all right, title and interest to the purchaser, and the purchaser shall produce a properly executed bill of sale showing the transfer of stock from the person licensed to the purchaser. Upon payment of a transfer fee of up to ten percent of the annual licensed tax, but not less than $3.00 or not more than $25.00, BTR IGGal business +w reGe;may be transferred from one location to another, provided that a written request for such transfer and the BTR I^^aI business +w Goin+ to be transferred shall first be presented to the Finance Department for approval of such transfer along with a current and valid Certificate of Use for the complying IiGe ed activity at the new location. (b) This section shall not apply to Cabaret and Nightclub BTRs IGGal business +w reGeip+s and such BTRs IGGal business +w reGe;shall be issued as new or original BTR IGGal business tax reGeipts upon a change of complyee Ii^gees, without requiring payment of new BTR I;g taxes. Sec. 31-44. Replacing lost or destroyed BTR IGGal business +w reGeop+s For the purpose of replacing any mutilated, destroyed or lost BTR leGal business +w ro^o,,,+ granted by the City, the Finance Director is hereby authorized to issue an appropriate duplicate BTR IGGal business +w Goin+ upon the submittal of evidence satisfactory to the Director that the original BTR IOGal business +w Goin+ was mutilated, destroyed or lost and upon the payment to the city by the holder of the sum of $1.00 for each such duplicate BTR IGGal business +w Goin+ issued. Sec. 31-45. Authority to request proof of inventory; inspection; estimates. (a) The Finance Director or designee, including BTR IGGal business +w Goin+ inspectors, is hereby allowed to request from a BTR HolderIi�ee or applicant proof of his inventory, including an affidavit or notarized statement from the BTR Holder Ii^�ee or applicant of the value of his inventory, for purposes of compliance by the BTR Holder Ii^�ee or applicant, as applicable, with this article. (b) The finance director or designee, including BTR IGGal business +w Goin+ inspectors, is authorized to inspect the business premises and business books and records of a BTR Holder Ii^�ee or applicant in the event they determine, in their reasonable discretion, that they need to estimate the amount of inventory or determine its value for purposes of compliance with this article City of Miami Page 10 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 and to determine the type of business being conducted. Sec. 31-476. Reciprocity between cities as to merchants and business firms located in the state. (a) The provisions of this article and other BTR IGGal business +w regulations of this City shall not apply to or operate against merchants and business firms located and complyinq'��ea to do business in other Cities, Villages and Towns of this State and distributing goods and merchandise in the City, provided that such merchants and business firms shall have complied with the provisions of the laws or ordinances imposing BTR IGGal business taxes in the City, Village or Town in which same are located, and provided, further, that the provisions of this section shall be operative as to such merchants and business firms located and complyinq'i�ed in other Cities, Villages and Towns of this State only to the extent that, under the laws and ordinances of such other Cities, Villages and Towns, like exemptions and privileges are granted to merchants and business firms located and complyinq'i�ed in and by the City. (b) Such exemption shall not apply to Street or sidewalk vendors or to other businesses, professions or occupations not having an established place of business in any City, Village or Town in this State. Sec. 31-487. Compliance with article required; effect of BTR IGGal business +w reGeipt otherwise obtained. No BTR IGGal business +w reGeipt shall be granted until there has been full compliance with the applicable provisions of this article, and no BTR IGGal business +w receipt granted without full compliance shall be a protection to the applicant in any civil, criminal or administrative proceeding. Sec. 31-498. Revocation; suspension. (a) The City Manager or designee shall deny the application for a BTR leGal business +w Fe Geipt or revoke the BTR IGGal business +w reGeipt of any individual, partnership, or other incorporated or unincorporated business entity holding a BTR IGGal business +w reGeipt under this article where it is determined by the City Manager or designee, after a hearing, that: (1) The BTR Holder'i^�ee has materially misrepresented or failed to include the information required by this article to be included in the BTR fecal business +w reGeipt application form; (2) The BTR Holder'i�ee, subsequent to being issued a BTR IGGal business +w reGeipt, has been convicted of or has pled guilty to a violation of a law of this state, or ordinance of the county or ordinance of the city, which violation occurred as a part of the main business activity BTR'i�ed and not merely incident thereto; City of Miami Page 11 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 (3) The BTR Holder'i^�a is conducting business from premises which do not possess a valid and current certificate of occupancy issued by the department of planning, building and zoning; (4) The BTR Holder'i^�ee is conducting business from premises which do not possess a valid and current certificate of use issued by the department of planning, building and zoning; (5) The BTR Holder'i^�ee is conducting business from the proposed premises and is not in compliance with a zoning ordinance or other city ordinance; (6) Conduct is occurring at the complied 'iced premises, which conduct constitutes a breach of the peace by threatening the safety and welfare of the patrons at said premises or the general public and which conduct is recurring; (7) The BTR Holder'i�ee has obtained a permit, certificate or BTR'^^a' business tax reEe+pt for the complied' ^tea premises, including a BTR'^^a' business +w Goin+ issued pursuant to this article, by misleading and/or deceptive information or making false statements that were relied upon by the city or an employee operating in an official capacity in issuing the above-mentioned permit(s), certificate(s), or BTR; or (8) The BTR Holder'i�ee, subsequent to being issued a BTR'^^a' business tax Goin+ has had a permanent injunction in the form o an order and final judgment entered against said BTR Holder'i^�ee enjoining restraining or preventing the BTR Holder'i^�ee from exhibiting, showing, selling, lending, or transmitting any motion picture film(s), book(s), magazine(s), videotape(s) or other material that has been found to be obscene, lewd, lascivious, filthy or indecent pursuant to F.S. ch. 847, or construed, after said material(s) has undergone an adversary judicial hearing as required by law. (b) The city attorney shall notify in writing the city manager or designee of any violation of the enumerated grounds for revocation of a BTR'^^a' business tax Goin+ contained in subsection (a) hereof. Upon said notification, the city manager or designee shall schedule a hearing at least 15 days from but within 30 days of the date of such notification. The city manager or designee shall notify in writing, at least five days in advance, the BTR Holder'i^�ee and the city attorney's office of the date, time and place of said hearing and the specific charges. Said notice shall be sent by registered mail, return receipt requested, to the business address listed on the BTR'^^a' business tax Goin+ or said notice may be perfected upon any employee of said business by any city police officer, BTR IGGal business +w Geot inspector or authorized process server at the business address listed on the BTR'^^a' business tax Goin+ At said hearing, the BTR Holder'i�ee 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 evidence, and to otherwise properly present his position or defense. (c) A revocation under this section shall extend for the BTR'^^a' business +w Goin+ duration of the period, except as provided in section 31-27 herein, at which time a new application must be submitted. Said period of time shall begin to run from the date the revocation order is entered by hearing, the City Manager or designee shall render the determination, in writing, stating whether the BTR'^^a' business tax Goin+ shall be revoked or suspended. The decision must be based on a preponderance of the evidence and the City Manager or designee and the same is filed with the City Clerk. The written determination of the City Manager or designee shall be final, binding and conclusive. An appeal there from may be taken to a court of competent jurisdiction. (d) All revocation hearings shall be conducted in the following manner: City of Miami Page 12 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 (1) The proceedings shall be as informal as is compatible with the essential requirements of the law (2) The admission of evidence shall be governed by the City Manager or designee with the advice of legal counsel if such is available. Strict rules of evidence, as in courts of law, shall not apply. Evidence is to be admitted at the discretion of the city manager or designee consistent with generally accepted legal principles governing the admission of evidence in administrative proceedings. (3) The BTR Holder'i^�ee may be represented by counsel; the City may be represented by the City Attorney or other counsel retained at the discretion of the City Attorney. (4) The burden of proof being on the City, the order of presentation of evidence shall be as follows: a. The parties shall be entitled to present oral argument at the opening and at the closing of the hearing. b. The City shall present its evidence in support of the revocation of the BTR'^^a' buss e tax reGeipt. c. The BTR Holder'i^�ee produce such evidence as it may wish to offer in opposition to the revocation of the BTR'^^a' business +w reGeipt-.-- d. eGeipt d. The City may offer rebuttal testimony. (5) Within 15 days of the close of the hearing, the City Manager or designee shall render the determination, in writing, stating whether the'^^a' business +w reGeipt BTR shall be revoked or suspended. The decision must be based on a preponderance of the evidence and otherwise consistent with principles of law. (6) Upon rendition of the determination in any revocation or suspension hearing, the City Manager or designee shall file the determination with the City Clerk and shall cause a true and correct copy of the order to be sent by registered mail, return receipt requested, to the business address listed on the BTR '^^^' business +w reGeir,+ or to any such other address as the BTR Holder'i�ee shall designate in writing. The order may also be served upon any employee of said business by any city police officer, BTR'^^a' business +w receipt inspector or authorized process server at the business address listed on the BTR ^ 'Gense (e) The BTR Holder'i�ee shall be placed upon notice that the BTR '^^^' business tax reEe+pt has been revoked or suspended when notification of revocation or suspension signed by the City Manager or designee has been sent by registered mail, return receipt requested, to the business address listed on the BTR'^^a' business +w reGeipt or where said notification has been served upon any employee of the said business by any City Police Officer, BTR'^^a' business +w reGeipt Inspector or authorized process server at the business address listed on the'^^a' business tax reGeipt. (f) If a BTR'^^a' business +w reGeipt is revoked or suspended under this section the City shall be entitled to recover its reasonable attorneys' fees and any costs of the hearing such as court reporters and transcription charges expended by the City. City of Miami Page 13 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 Revocation of the license of an adult theater for one year under paragraph (a)(8) is incompatible with the First Amendment because it imposes a prior restraint on presumptively protected expression. Gayety Theatres, Inc., v. City of Miami, 719 F.2d 1559 (1983). Sec. 31-0049. SGhed Flo of established BTR Enforcement. (A) Any entity who has not strictly complied with the provisions of this chapter shall be subject to the enforcement procedures as set forth herein: (1) If noncompliance with this chapter is found, the Finance Department shall notify the noncompliant entity in writing by delivering the civil infraction notice to the violator or by leaving the civil infraction notice at the violator's place of business with any agent or employee therein and informing that person of its contents. In the alternative the civil violation notice may be sent by certified mail, return receipt requested, to the last listed mailing address supplied to the City's Finance Department or the mailing address reflected on the County's Property Appraiser's Web Site. In addition to providing notice as set forth above, at the option of the Finance Department, notice may be served by posting on the violator's place of business. Such notice shall be posted for at least ten (10) days at the business address upon which the violation is alleged to exist. Proof of posting shall be verified by affidavit of the agent who posted the notice. Evidence that an attempt has been made to hand deliver or mail notice together with proof of posting shall be sufficient that notice requirements have been met. (2) A violator who has been served with a civil infraction notice shall elect either to: a. Pay the civil penalty in the manner indicated on the infraction notice, and correct the violation; or b. Reauest an administrative hearina before a hearina officer to appeal the determination of the Finance Department which resulted in the issuance of the civil infraction notice. (3) An appeal for administrative hearing shall be accomplished by filing a request in writing, to set the hearing for review, to the Hearing Boards Department, no later than ten (10) days after the service of the civil infraction. Said request may be made in writing however, the burden of proof that said request was received by the Hearing Boards Department shall lay with the named violator. 4) If the named violator. after notice. fails to oav the civil oenalty and correct the violation (within the time specified), or fails to timely request an administrative hearing before a hearing officer, such failure shall constitute a waiver of the violator's right to an administrative hearing before a hearing officer. A waiver of the right to administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly. 5) Uoon receipt of a named violator's timelv reauest for an administrative hearina. the Hearing Boards Department shall set the matter down for hearing on the next available regularly scheduled hearina date or as soon as possible. (6) The Hearing Boards Department shall send a notice of hearing by certified mail to the violator's business address. The notice of hearing shall include but not be limited to the following: a. Name of the enforcement officer who issued the notice; City of Miami Page 14 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 b. Factual description of the alleged violation; c. Date of alleged violation; d. Section of the Code allegedly violated; e. Place. date and time of heari f. Right of violator to be represented by an attorney; q. Right of violator to present witnesses and evidence; and h. Notice that failure of violator to attend a hearina may result in civil oenalty beina assessed against the entity. (7) The hearing officer shall conduct hearings on a regularly scheduled monthly basis or more frequently upon request of the city manager or designee. No hearing shall be set sooner than 20 days from the date of service of the civil infraction. 8) All hearinas before the hearina officer shall be open to the public. All testimonv shall be under oath. Upon proper notice, a hearing may proceed in the absence of the named violator. (9) The violator shall be allowed to make a record of the hearing by the use of a court reporter; such record may be transcribed at the expense of the party requesting the transcript. The Party desiring the court reporter shall be responsible for the appearance fee. (10) The city manager, or designee, shall provide clerical and administrative personnel to facilitate the proper issuance of civil infraction notices, processing and review of cases as may be reasonably required, and for the proper performance of clerical and hearing officer's duties. 11) Each case before a hearina officer shall be presented by the enforcement officer or representative of the department which issued the violation. (12) The hearing need not be conducted in accordance with formal rules of evidence. Any relevant evidence shall be admitted if the hearing officer finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. (13) Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called him to testifv. and to rebut the evidence aaainst the witness. 14) The hearina officer shall make findinas of fact based on the evidence in the record alone. In order to make a finding upholding an enforcement officer's determination that a violation exists, the hearing officer must find that a preponderance of the evidence indicates that the violator was legally responsible for the infraction of the relevant section of the city ordinance or City Code as cited, and that the facts demonstrate the existence of a violation. (15) The prescribed time for correction of the violation given to the named violator and contained in the notice of violation shall be presumed to have been a reasonable time for correction. Upon presentation of relevant evidence by the named violator that the time for correction was not City of Miami Page 15 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 reasonable, the hearing officer may make a redetermination as to the reasonableness of the time for correction contained in the notice of violation. if the time was less than five (5) days. (16) If the named violator is found guilty of the violation, he/she may be held liable for the costs of the prosecution. (17) The fact-finding determination of the hearing officer shall be limited to whether the alleged violation did in fact occur and, if so, whether the entity named in the civil infraction is legally responsible for that violation. The hearing officer shall either affirm or reverse the determination of the enforcement officer as to the responsibility of the named violator for the correction of the City Ordinance or City Code violation. If the hearing officer reverses the determination of the enforcement officer and finds the named violator not responsible for the alleged violation in the civil infraction, absent a successful appeal of the hearing officer's ruling by the City, the named violator shall not be liable for the payment of any civil penalty. If the decision of the hearing officer is to affirm the enforcement officer's determination of violation, then the following elements shall be included in the decision: a. Amount of civil penalty; b. Costs of prosecution; and c. Verbal warning that failure to comply with date by which violation must be corrected will result in an automatic referral to the hearing officer. (18) The hearing officer shall have the power to: a. Adopt procedures for the conduct of hearings; b. Subpoena alleged violators and witnesses for hearings; subpoenas may be served by either the City Police Department or by the staff of the Hearing Officer; c. Subpoena evidence; d. Take testimony under oath; and e. Assess and order the payment of civil penalties as provided herein. (B) Alternatively, enforcement may be made in accordance with City of Miami Code Chapter 2, Article X, Code Enforcement and any other remedies as provided by law, including but not limited to, an action in the Circuit Court. C) Obstructina a Revenue Collections Inspector in the performance of duties. (1) Whoever opposes, obstructs, or resists the Revenue Collections Inspector or other person authorized by the Finance Department, in the discharge of his or her duty, as provided in this section, shall be guilty of a violation of this chapter, and, upon conviction thereof, shall be punished as provided in section 1-13. (2) Revenue Collections Inspectors may notify the City Police Department immediately when in their iudament thev feel threatened. City of Miami Page 16 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 (D) Civil penalties assessed pursuant to this article are due and payable to the City on the last day of the period allowed for the filing of an administrative hearing before a hearing officer, or if proper appeal is made, when the appeal has been finally decided adversely to the named violator. The amount of such penalty assessed shall constitute and is hereby imposed as a lien against the real property where the business entity is operating with equal rank and dignity of any other special assessment liens. (E) In addition to any other remedies provided by this Chapter or any other City Ordinance, the Finance Department shall have judicial remedies available for violations of this Chapter or any other lawful rule or regulation promulgated hereunder as enumerated below but not limited to: Institution of a civil action in a court of competent iurisdiction to establish liabilitv and to recover damages for any costs incurred by the city in conjunction with the abatement of any condition prohibited by the provisions of this chapter. Institution of a civil action in a court of competent iurisdiction to seek iniunctive relief to enforce compliance with the terms of this Chapter or any rule or regulation promulgated hereunder, to enjoin and prohibit said violation or to compel the performance of actions which will result in compliance with the terms of this Chapter. (F) These remedies are cumulative and the use of any appropriate remedy shall not constitute an election of remedies by the Finance Department. The use of one remedy shall not preclude the use of any others. 31-50. SCHEDULED OF ESTABLISHED BTR's. C -Ode PROFESSIONAL Aeeoi anti w: e 882-9 Aeeotmting p fefessiona asseeiatio J ewpofatio J eemv any or rm MaowaMag•o • I 1 1 4059 ii0.0e 82-49 A virwisniJ other than foo real p fopeFt 82-5�9 Awhitee 7T0.V0 PaFtviefs ivyJ eemv any Or p fefessie inl asseeiatio Or J City of Miami Page 17 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 Cofpernt on 0290 Ai tial' al lvvmnzeCit�gfapliiii Of fieii^v^vumzefei r,�ziC�i �e A ttomeys at law., 83-39 Colo p faetitievior who is not n p fefessievinl ^iatio Of eofporn4,�vi 8349 Colo p faetitione f who is n p f4assiona ^iatio or ewpofatio State lf6ep�--p-d.zated State Lies ed from the Department of Rosiness and Pfe fe .nional Replation CD3 1:12 �D�TT § 31 ntah TKN C I Aq) rWP4 CC 1JLGrTT ITTt 1ATC §315 [j $G6066Hpqtjon Rate z239 -S 6jqj it,04ep �e cin Go n�i ant' biisi` es ori vion �✓v r. -Arai GTiTi1 G1�7�1 �L JJ City of Miami Page 18 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 JTv State Lie� �� Qom, frE)m the nepai4men4 of Rosiness and Professional R^H /Yep�TTTT / ' ' n nn H /Yl A )1 ] t 1 Rg q n11 q W t Y t-�--�H �0 ui)s ot� epp�iv�s�p�c�i ��1�Q�, ' n�� T1 ��,Vv State lieen�V Fe"iFed i one of the following l�eategorgVLies: mediei1�!rg'1eFy, Replation tnge4ep 4 w AWrse ,42-0 AWrsing home adminis&wtor Replation i iQ_QQl��ininr�it ,440 Q3ieia4 4w 0Ste0jggtlnj6 9ln�WjejgH 1yyy pr�nivvinnrl�nc� �yyy✓vv pin�)c��nivl tlnn� iv s��c�t Stipp No Q CD 31:13 § 31 50 MIAMI CODE ode 066Hpqtjon Rate City of Miami Page 19 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 lation �(� e�T.f] SV State lie e"i fe from the n�en4�QGi State. 7 l D DQ 7 see - 11 ^ 44ora eys n4 !a -w. • - '' ME 1 ' • IL . -' </1/4IJlIL� 4w VetejjjqLqjjaff 4 itII /Y///Y a �. ZJ �� v/Y]//]']/� ' /Y coV%Tin services 94.00 0-70 minkstffltive ee Q5.00 .46hilt��i2 �b `'twin J "`� 7T O0 OA 4-W Ayei tksin`r- 1 City of Miami Page 20 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 : Enactment Number: 13106 �Ode 0C, Rate 4 J Not \Jxeeedifi t 50 displays display 225.00 225�__ 0 MoFe than 50 displays, e 2,40 E I I EALAI Mx : 1,739.00 940 pef e1 yye J attetieflee V✓✓.VV • I 1 I%It.. . . . . . • .. � I`iTi•�•��Iriirti��iiif�.��i�i:n�r:•�ra •�rrrr��i:•��=•s:•��i. • � Not exeeedifig five pefsefis 64.00 T/oro 4ul five. Not exceeding ten�� Q8.008.VO ,{/ ofe an ten, not exeeeding 15 pefsons 254.00 Mofe than 15 pefsons 00 7V. �J9 riemobile`Qf wash, byhand, lone of 1N eenneetio with an ,00thlbtisin s City of Miami Page 21 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 i IN FA Enactment Number: 13106 L'LLA Mr. .. nefs and ope f 4orc. • Not exeeedifig five pefsefis 65.00 /Toro than five, � not exceeding ten -[N17efsons Q8.00.VO o fe than ha f4pL�r efsB'not pAcoo gTl TG r efsons 2.5T00 1 o fe than 15 pe (sons 39i.00 1�1 X15 /� „4.,m.,1„l0 enr wash mobile 94.00 �(�y �✓ Alone of 1N l enneetioN with i it any othe f bllsine s \IINN No. Q CD 31:14 §1 50 LICENSES SES AND BUSINESS R, -E U ATIONTC Stipp. No 9. CD 31:15 § 31 50 MIAMI CODE 'Ode 066Hpqtjon Rate Employing pet-s-ons", �il inelu inn one fs and1 ope f 4erc.- Not exeee livig five vpp�ef�se��vi��lc.��yy�� +}pper� 5.0(0 /Toro than five not exceeding ten Mofe than J not exeeeding 15 pefsons 254.00 1 o fe than 15 pe (sons. 39i.00 4 /A fftemohilo mocha ienl fep ifs nlwio -r in l enneetioN with any other hiisine s. J A • 1 City of Miami Page 22 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 Liril l� VJ 0 WIN . • . . . .�..e.:� I • - • • - RUN • • •_ •_ Not exeeedivig 75 enrS 4.0.00 /Toro than 75not exeeedin nrc. 6c nn J v.l vv /Toro than cn eaFs Q8.00 6_5�0 Cillrnge or par -king leo For- eaeh or-eae1s rn o of par-king vinvv v2 oro�areas do not exee d 10,000 nJnnn c"afe k^* 61.00 l n Torea� additional c c. nnn "afe feet G vi 4 etionl nro thefevr �H 05W Tag and tax eelleGCY'C"ln ag eney, alone of in eenneetio with it any ot he r Btisin �J 2n� 6-70 Tire r ea J eaT1zirnJ ro4Tron dirnJ 0rONn1r1N It Shop GA 66 7T.�TO 05W Towing i i 0.00 �5_w Towing from private p fopeFty• As fegt ln4od it ehap4or 42 of the eity Code Stipp No. Q CD 31:16 �Q LICENSES AND BUSINESS a�'G TT ATIONTC ode ��`"' 4w TT—failer� feefeiational vehiele ar-k, totifispark or eampP Not e eeedifig five Spaces 26.00 /Toro than five, not exeeediTIg 15 spaVGJ 52.00e /Toro than 15, not exeeeding 75 spaces 65.00e /Toro than 25 sp ees, fAfeaE i additional space- 4-.3-9 Valet par-kiv E, 3%,x iso 94.00 City of Miami Page 23 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 • • I .. :. : : . ':: i i aisi�sr Enactment Number: 13106 EON C. ' • ' : 'EMIR : ' File Number: 09-00991 . v •.�lJA Enactment Number: 13106 13W Cleaning his hand an oryaetiim p frees nlwio --fleets 1N t bittsiness. 449 ntc qnd nc' inStallatio n 94-4 cn %Muter ni nd4qimutes ing 94-4 Alone of 1N l enneetioN with any ooh Or bittsines Not a plie ] le to licensed reial�pr(shants fee the 1C�stia- ee of r -1tJ1tT1-CtJCl GD 1LGV11 VR t VrVll SCLZTrIGG�T. l"0Mg., 24-0 AA 1tirrcefation s 94-4 .-. r . . . -• . .• .- •. • r, •. • - . - .fna,vir • - ■ - . r .. - • . r • . DIM • ,not-!& oxinspit City of Miami Page 25 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 A— — .. . A, f—x�K-jrA1FkWF . . .. .. .... . . . • - • AM rAT11 M • - - . . - • - . • • . . . r • - All •- . .. . • . 111111p. . . •. . .. the event, r -10.60 -nil nr exhobotmen. One liGense may be issued W GOver mere than- C11r..��_ r_.% �� e a I.IIIIVA PRO r1W.•— . • .• •— .• . : ii. •— r ��u�i��o� :�u�■;u■■v�.�u��o�.u��r�u��uuv.ui��w. R��a�u��w��o�.��w�u��u�s�u�� City of Miami Page 26 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 . .. .. -. A— — .. . A, f—x�K-jrA1FkWF . . .. .. .... . . . • - • AM rAT11 M • - - . . - • - . • • . . . r • - All •- . .. . • . 111111p. . . •. . .. the event, r -10.60 -nil nr exhobotmen. One liGense may be issued W GOver mere than- C11r..��_ r_.% �� e a I.IIIIVA PRO r1W.•— . • .• •— .• . : ii. •— r ��u�i��o� :�u�■;u■■v�.�u��o�.u��r�u��uuv.ui��w. R��a�u��w��o�.��w�u��u�s�u�� City of Miami Page 26 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 110 . • . . • • . . . •• • ■ . r •• • . !M--.e moi:■■.�:�■..■■�,■.� A�� ..IMPAIR' • •LOW- .. ! •..• . .. .. . .. �. !I J Ti�ir.T T I OWN .. . . . . • . . . • 2� rKeWfiGating mach neS 22.80 CD 31.19 § 31_50n IAMI CODE ;Gd2 QGGqpatiGn plla2 Fill .. _ . ... _ .. -OraTr:v:r_ra. 1 l • . .. .. n na Is • nnw . •• • • . . . . .. - .... .. .... .Ms 1 AA �■■.�■�.�.�� :.moi.:■■■■■.:.�■■■�i,�u.�■,.v ■.��.�.■■,■■.:��.■.��n�..� .�,.o�s�.■.�� :■.vim■■.�■�i, City of Miami Page 27 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 . . AI MI b fel UAW AT -1 MI a 1 I . fil • . • . . • . . . • I I . •• • •. .. . •. .. .. 1 • - . • - . •• . .. •• • • - - . • . . • . - .. . . I 1 / . RINNAliffilu . . u . . . . . .. ! IIN IN ill 1 • . . . •• • I ■ I .r •• - • M. a . . • Ew ME E ME /1mIf'l�:T.!-��.T�:tiT� �l-T�.Tl, •'ff'�:T-T�.�fti� 7 - . - :1�T:Tt.T.IRa7t� 1--..9�1■PJ City of Miami Page 28 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 . .. .. 4,z scala Enactment Number: 13106 VPZM- LMLIMLIM Fa NPRI NMI NMI - . - .. . . . . . - .. . . . . . . - . . .. - . - -►-.-.:.-s :..�-r..:� :.�.�t :..� :.■.:�•:•.■...�-� :..�� :�-� :�.■.v :.-ice :.■.:� :� - Ti�z �u u.-1:rliiiTr - - • - - . .. •. .. . - . . �. ... .. 1l— • • . •. .�■ua�.�►��ivvit�u..��-ice. ��r�..R-�e� �o��r..��-�■.�u.vi��t�u.�w�•:•MEL—Al R-i�..�� MAI .. .. . . — . • ! I ••� .aell — . • • . I .• — .. — ! . .. .. . . . . .. ..I. 1 I . • • — • • . — . • . . — . • I City of Miami Page 29 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 •.Mr -TA -. •• • - ■ - . r •• - • Enactment Number: 13106 • . . - • . - • • . .. •• • • - . .. - •• . . • . -.,-1■-J .■PlM.■.-].-\-..■.-LA A'A ■.tel■moi-.■.�� .- 1 I . • "WI -All - . • . . - . • I ■ � 1l 1 1l � ■ 1 I'VI . - • • • .Z'L - . • . - • . - . • IIJ 128.00 1 I'VI . • • - • • .UWL - . • . . - . • I .00 1 I'VI . • • • .UWL - . • . . - . •I IJ •- •.. • .r ..• . . . . . • • . •- •• • •- ••- • • uIpI m1 %11 J 3-►Y•i-I.I. ��I.l•V. -t \••..l . - - . - - • WITS1 �!\-]■t!\:\:.1�\ I■l!. �-1■■. �I\ �'�A � �'�-It\-l■ !\�J k37-0 V 64.0 City of Miami Page 30 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 .. . . u . . . • ! I ON A. -~--.u . . • • .. r . • . . • • • . 1 I . • • .. Z • . . .. . • ustu . aist�i�� ■ ■.�T • • .III• . EEME �&W I Ir lsteFy Fepa.F Is. norvii�%L� 94.00 ReGOyorino and re, irino (`D 31.22 §fig LICENSES AND BUSINESS REGULATIONS oTIONS ;Gde QGGqpatiGn pllae W-90 Vee Fines y ocfahlichmonf kennel or ho pifal 94.00 State LiGensesi oo■ ■iron from }h��rtmcnt of R■ ■sones �T!!.. f.T.LoyTaw . . R - .. rMIN 1 M ff.T".lCr.r. 1 I • • • . . 1 . . • . • I . . • . . City of Miami Page 31 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 ... . .. . .. . u. . afflaNEWFAITIF,.. ... .. Enactment Number: 13106 pp l��. • . r • • . . . • • . .. . . • • . .. . JAI iff• • . • . • . . . . • r , • . • . • pllaGe of business. 692.59 4= F4nanGe GOm ani or loan agent 457-80 -9-4-0 F—FanGhh Se broker and/or dealer 94.00 Felling or leasing fran Gh Ince �O�11 Irrncz, ir:;nno adjusters 94.00 FA --1 -P-WAELFA III III'' IN Ildil a • . • • . . . N=Al • . .. r I �I�.. •. • �.0.�.iii. • -.0. .W .• . ..ter ■�� .■ L�l�■�■■��t�■■[�J7�1!■�A :�■ L!.■[�� Imo■ L!.■[�i�J7�1!■�A :��'��I ■�J I■1�.��I� I��I■�'A • . • . • . • . -- jj��l Lillpil" A -.IN Wl� L 2 RWL-A.,j 7'a q City of Miami Page 32 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 § 31_50 MIAMI CODE ;Gd2 QGGqpatiGn plla2 EaGh agent 205.80 The lir+ regi iiI -d hereunder for making loans seri iron by real estate �-�-r�-rn. �r�a-r-r�r �u� is not to apply to hankers SeGUFffioc, honr/s� mo es�strmenf�eGU44ec, bonds, scvG71OF invest monfc k34-0 Broke 400.00 0 .00 ��Alone er in GennoG with other kd��//�� n 2l 2r Alone or in GenneGtien with any other0 k335 Mortgage broker 4 i k345 Mortgage broker business i i 0.00 k3-50 investment hanker 305.00 StateFG regi aired from theDepartment of Rankine and CinanGe_ MM •• .A • •• • • —![�,�1•■\tel•\�� .T•T. �:�rr_srs.�arr:►sr��n. ije�•T.T. • W Im I. . . . ma • • . • . 1, . ilrmr—w-j ON '101 ffilliliffil LLV -57-AanGehhlls and ballrooms 314.00 lt rn. as GGke -6W Dog or smell animal evhihif 282.00 City of Miami Page 33 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 459 6axNe-ream 84:ee . . . . . . . . . . • . . . . . . . . • . • ■ .• . •• 1 WIN . •� ■�. r ••� • . ! •� •. 1111 1 All i . .. u . 440 1 _ F (1 e, r» r+o s 1442 54 100 Gr,. -Gee i i 0.00 1444 Qvcr I (1'1 x.00 VAUU1l 01 W- o, - � �L-1 it �■ I-Itni�i ..i. • �i:�i�i r.�i:ttl i.ififi �7 �ITI I54... . . u. .. .. . . .. ... . . . .. e . •• City of Miami Page 34 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 1A� CWMP.W. �-A Iff. WA- 4 Enactment Number: 13106 . • .. •• Ili 26.00 14. • •=• ..•• . • .. .• ..••4,95 § 31_5n MIAMI GODS GGd2 QGGqpatiGn plla2 Nows �i• • U. • . — .ff:T.'E .. •• I � � • •. �. •. • .. Toil! 1l. • • �• . • .. .• ..•• �� .. .R�1K7-4M City of Miami Page 35 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 1 •• �••�• •• • •� AVA • • • •• . . • . . •• . . • . • . • • r . • . . • ll I I 1 I • • . . . � • . .. . • . . I pl;q 1 I • • . I . AIlWsTAI I • AI AT -1 111. ! tW ■ I �� 1l. .• . . •. •• • •� City of Miami Page 36 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 I 1l. .• . . •. .•• •• ..-•• • •-III FeF.Zl-- Installation, noperation. Not prc)rate4-. Cnr eaGh r+nin nnor ited ngaGhino 4,90 440 Weighingm�r.h�—s 1 I . • • . • • . • . . • . •• • • Will as • • I �r..L�=7■■!■■� ■.� tom■■.��■. » :■■■.: Mere• • •. not e. •. •• • • Mere• • and noteXGeeding maGhines Mere• • 150, eaGh maGhope 90 450SePAGernaGhmne, . 00 I &01l� • •. �•. •.I'a •• • III•= ••n • • •• • III•= .• ILI 14 X.1• 1 1 I • • . . .. • . • . .. • . • . . • • • . .. I R lel-�T-T. Hp.r.W P.TLill7-T-�?T.'TUZ`WLW. rL� 14,z • • • • .UWL . • . .. . IWIWI�- LI City of Miami Page 37 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 • Y— .. — . . •• • . — . .. — . • . . • . r VIC 1 I . • • — • • . 11-0. • . . — • . — I ! r • . . • . .. • — R, I I.. — . . •• • . — . .. — . as fellews,:- \lel-T-T.ff:T.'E !I•.� . .. •.11 .. . • . •• . •— . •— . • URIYA • — .. — . . •• • . — . .. — . • . . • . r . peddling� Not eXGeeding 40 foo+ in length 48-80 Mere than 40 foo+ in length 65-88 Q60 d niir+o nr fuel supply beats- RITMA • . . • • • . — . .. — . • . . • . r 1111l I FA FA WAIll Ill URIYA • .. — . . as • . — . .. — . • . . • . r11= . . • . City of Miami Page 38 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 .- ..- . . . . .- . .• •. .- •• -. . ...- .. . .RM.. ■ ■ ■ Gedc Peddlers haker goods, row Br�GakenaJ i, pie nr other bakery nnnrls Peddlers r+nnfnnfinwwln Candy, iGe roam nnnr+nrn nr peanuts, nn the streets. . CD 31.28 § 31 50 LICENSES AND BUSINESS REGULATIONS ;Gde QGGqpatiGn pllae EaGh stand 55.00 A MS 0 Far- W"&T 727. City of Miami Page 39 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 ITS "S= AITAFAN d AY -1 Ml I ITS ■ • •.� • . • . .I AVA! I MMAYMAN WIN UNION 'I 9�� lr—,l lr—,l . • . • ' � �7 ��[�l l 1 ► ■ � yi�l l�Z�i �731��I��r �T�1►�L !I •.� . .. •. .. . • . •• . • . • 1l. • • • .. 1!!! IVTA • I r Mral Peddling Not eXGeeding 40 foo+ in length 48-80 Mere than 40 foo+ in length 65-88 Q60 d niir+o nr fuel supply heats. .1 H".-T.t'J.H n'1:�� TTi�R-1 n'l.71P.T:1&=TIT h7 lF MI TTS. City of Miami Page 40 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 . - .. .. .. street, vaGant let er anywhere On the ..-. air On the Gity, not herein GpedfiGal!�L- designated,-. ■ ■ ■ �Ve• .. .. • . . 1 . . • • . ! . • Peddlers,bakery goods, otherbakery goods. Peddlers,. • . • EaGh staP4 55.00 • v e • rilnu Tle94.00 • v e • rilnu TleE,Q Requires approval from hetel and restaurant GGM !-7W Peddlers, fruits, vegetables, and predUGe sn1 f Q-��■..mss cri9-9 bDd1.31 §fig MIAM OE § 31 59 GGd2 QGGqpatiGn plla2 RRedlercrs, r rubbeaI�- le Not prorated, != Peddlers nn foo merr+handmse � !4M Redl yyehi��orr+handis� oar+hyehiGlo 0� i--�aT �-rr , � r��., , pari r-rP� r-rrri n., EaGyehiGle shall be plainly marked with thea oftheOwner and his adress. !42-0 Peddlers en feet, fe 0 >S23OGell Peddlers yehiGle food each vehicle 458-80 �ri�rr-r-�r�rr rin.�vva�cf�r-rP�r-rrrin.. The vahGle requires an, i, -,.-.,pea thherre-DadeCounty Health Deep ment of AgFiGUlture and/or the Division of Hotel and Restaurant t^ommiion !440 Peddlers, eaGyehi� 888-88 --�r�rr , i�vur�cu � r-rr Traveling steres venders of fnnrl_ (Net to apply to peddlers nr venders City of Miami Page 41 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 - . , . . . - . . . . - . - . I r =7 Enactment Number: 13106 MY, FINE] -. . - .. .. - . . .1-01,111,411111111 • - . ............ M.14-1 IN . - . . .. . . - . . . .- . .- ..-. .. .- . .- . .. • -. . . •. -l:\tel■\ � :!�■l!\i!.l!.� I�■■l!■■l!.l!\- L11l�1 X11- 71t 1 7F mmzl ML -n -Le -e - SIANIFINTIFIT-111, . . I ��!_V, - . • . . . • • . . .-,.-■.I-iii-.I-�.T=M = ■. ■.1..1.1-1,!_l�i+r ■.Y� 1!■\-l■-lt!\�\-l■\-]\-i-� I��I-1 ■-J I■[-�-1■\tel!\�\�;�.■��■\Z-1!.\ � It!l!.� I■■\ ISI.\-i-lt�l!\-]\nom . . . . • ... . r�i�lifni - .�iit�ir r rr r�i .�*i r File Number: 09-00991 • . • . • . . . • - I _ 1 • . • . . . -II • . • • • . - - • 1 •. •. . .•.�Rm • . ••.. • -rte ��.�■■.�■■■.:�1•■■�■��..� ��■■. �.� :.�■■ r .A j • . . OHIO . TZMA 1l Z S7L�1 �ii�li�� S� 111 J'■'� K M. WWW"Mr—Wil. . • . . . . • . .'di • . .. . '-� City of Miami Page 43 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 Mere than 15, not eXGeeding 25 nors00 Mere than 25 nors128.00 Glot lin g • . • . .".I.MWAJ • • . . • • . - I • .ET • . •• . .ATA • . .*NFA d� - . • • . . - r . •• • . . . • - . • • . . . as - - . • - • . . - . • • . • - • . • . - r . •• . • • . • . - • . . • . . . • . . . • - . • • . . . •• - . • . u .. u . .. MW ••• ATZEFWSTGTIE • . • . num■�.�.�s�.■■■■■■�■■■■�■v■■�r•viviv�■■■■��i■. ��.■�■■vs�■■.�� ■.��■■.��.■■■vs�■■.�� .. • City of Miami Page 44 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 *E • • • Enactment Number: 13106 ! • GFGGeP 1 • • • w Not • $1,000.00 26.00 EaGh additional' er fraGtien thereof kne VISION •. • - • • • A A • wo"r-CT ! u I 9 9 I u • � I File Number: 09-00991 Enactment Number: 13106 in the rr on o• this •se, where lumber,•er shingles IaGG61rnulated quantities expert • r•••er for anyotherpurpose, • •• r • I 'WI• a IX.LI• e a r • • •Q- •• r • r I r r lipp-cp ch 11 r • �• r r i2,Quired. a r § 31 50MIAMI CODE § 31 50 ;Gd2 QGGqpatian plla2 • • • r r L-2 III L 1 I • C, 7 • r 2 • •r ••r •r r• �• • r •r • •r ter• r • r " • =21"a Fl-l=rsWSlfwz r r r• r •r �• •� r �•• r • • •• • glmwl �ii r r • • r • • • • r • r • • • err• •� • •r • ••r r • r •r r � City of Miami Page 46 of 53 File Id. 09-00991 ' 613012017 File Number: 09-00991 Enactment Number: 13106 . - .. - . . • . . .. - lee Ill ... . - as —all . .. •• - . . N. .MI e. I . - .. - . . • . . .. - MI! Willi w-- - - - - -- -MAW - - - - - - #-A- - 111111111M. .. ' . ... . - .• I- . . .. •. - . .011iffilla • HER ■�. mow.` -ion :■■■.:�%mow oow o� ��■■.�.-�u�■■.�■■-�� n�uv.�s�u�u�%mow oow o��• ��-�■��u�� u�.�•�w oow o� ��u��-a�� iu�.�r��u� • - - A • i11�11Z iNiMISS Fl��J:T.1rT=r�11f�'WWITUM i -9W f=Hp.". fi�MalraTIll.�GTT"W.'TM • - • • . • - • • . - W. . • = ri T - C z . I =.I - • W . .. . •• • . City of Miami Page 47 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 1 I . lill - • • . • . - . • . . - • . . . 1 . Permitting the sale of beeks, s, periediGals and newspapers. Not Not eXGeeding $50 Mere • • $500.00 26.00 .. • . - .. . I SO Wl11 .Iow.. - .. . .. I . II u 1l • . �. 01TRI, �. . • •. �- •• �. •. . . . - • ••. . •. .� . • • . •. . •- •. .. - . § 31_50 MIAMI CODE § 31 59 GGd2 QGGqpatiGn plla2 ii�sTs:►carr�:�r. A ■ �11L7f'Ta�l-1:�'TET=F.11 r.v,= WMAWNififiGin \r.�l-T-T. 1 I . • • . • . - . • . . - • . . . Wz City of Miami Page 48 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017 IIA &L Ti 12T. • WIAII M�iff��ii1i��:i*7� • •*i �iii♦i •��i♦i1r-•� �■■■v�u��■c�� i■u��■■.v.•�s�■.tea r��■v■■.:.��■■■■. :��■■.��■�.�■■■.:w��c�� :�.�.•.�■�� City of Miami Page 49 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 9 § 41_50 LICENSES AND BUSINESS REGULATIONS ATIONS § 31 50 �ede GGgpation Rate �nrl��rlrt rnin��ediGa1 nntiGal v_ray or mhos hoes not innl,-rlo dental. See "mar la 3w Operated entirely by hand workers, employing , luding owners and operators: retail.) D� Health testing conriGe qab related) 2-88 D� Home healfhGaro agency 118-88 'HEATRGC �--r��crrc -6w llramafiG or fhoafriGal troupes OF GOmnanioc 94-88 Where perform-nnoc aro not given in a lop -al linensperd th tro oanh norfnrmanno 548 Motion picture chows nrfhoaforc See Theaters r playhouses." Motion picture or foleWsinn nrnr UGtinn GOmnany 94.00 5w Trheatcr n�y house All gine, Inr�Iur es motion ping pro theaters nn Der seas 1 -.-GG AAinimi lm tw 272.00 I&W TiGket broker EaGh agent 2-t4.00 Z4-0 948 This linonco applies to r;;rriorc Whn toll rlirontly to the nuhlin City of Miami Page 50 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 .. ... .. • . • . •• • . • • • r •.. as Wm - 01 1 lei• . • • . . • • . • . • •• • • • . . . • • • - . • • • • • • Every person nrantinino 848-88 D� Healing arrfc 94:-88 Healers or nrantitionerc maonetin anal other healing nrantitionerc , State linence required. AIC(`GI I ANEO IC GT(` QankruptGy and nlocing out sales As regulated in nhenter 2 of the nit y Code: City of Miami Page 51 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 Enactment Number: 13106 428 Betanic-a 94:-88 -0w Rnfaninal or znnloginal garden nr nthor cr —hl is; hmon4c 14--88 -0� Rnfflininn o*s 385-88 zw Rea market One da�Y 0 Funeralhome • . .funeral • . • . . u • • • . • • . . . •• • • . • • • • • . •• • (TABLE INSET- SEE ATTACHMENTS) City of Miami Page 52 of 53 File Id: 09-00991 (Version: 2) Printed On: 6/30/2017 File Number: 09-00991 *11 Enactment Number: 13106 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} 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 53 of 53 File Id. 09-00991 (Version: 2) Printed On: 6/30/2017