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HomeMy WebLinkAboutLegislationFile Number: 10-00658 Final Action Date: (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A ONE -HUNDRED TWENTY (120) DAY TEMPORARY MORATORIUM ON THE ISSUANCE OF BUSINESS TAX RECEIPTS FOR COIN OPERATED MACHINES; AMUSEMENT MACHINES; PROVIDING FOR DISSOLUTION UPON AMENDMENT TO CHAPTER 12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; PROVIDING FOR A REPEALER PROVISION ON THE EFFECTIVE DATE OF THE AMENDED ORDINANCE, A SEVERABILITY CLAUSE AND AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") currently issues Business Tax Receipts ("BTR") for Coin Operated Machines; Amusement Machines (collectively, "Machines") pursuant to Chapter 12 and Chapter 31 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, there has been a recent influx in the number of BTRs issued for operators of these Machines; and WHEREAS, there is currently no regulation in place for operators who obtain BTRs for these Machines; and WHEREAS, the influx on the number of Machines negatively affects the quality of life and general welfare of the City's residents, businesses, and visitors; and WHEREAS, a temporary moratorium will allow the City to determine if any regulations should be put in place to protect the quality of life and general welfare of the City's residents, businesses, and visitors; and WHEREAS, should the City determine that regulations need to be put in place, Chapter 12 of the City Code can be amended to include regulations for the operators of these Machines including the payment of a regulatory fee, posting of a bond, and limitation on the number of operators of such Machines in the City; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its residents, businesses, and visitors to temporarily halt the issuance of BTRs for these Machines and the operators of these Machines; NOW, THEREFORE, BE IT RESOLVED 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. City of Miami Page 1 of 2 File Id: 10-00658 (Version: h Printed On: 5/19/2010 City of Miami City Hall 3500 Pan American Drive ••a;; ;• ' ` Legislation Miami, FL 33133 o,�. ��`,, www.miamigov.com ss` Ordinance File Number: 10-00658 Final Action Date: (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A ONE -HUNDRED TWENTY (120) DAY TEMPORARY MORATORIUM ON THE ISSUANCE OF BUSINESS TAX RECEIPTS FOR COIN OPERATED MACHINES; AMUSEMENT MACHINES; PROVIDING FOR DISSOLUTION UPON AMENDMENT TO CHAPTER 12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; PROVIDING FOR A REPEALER PROVISION ON THE EFFECTIVE DATE OF THE AMENDED ORDINANCE, A SEVERABILITY CLAUSE AND AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") currently issues Business Tax Receipts ("BTR") for Coin Operated Machines; Amusement Machines (collectively, "Machines") pursuant to Chapter 12 and Chapter 31 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, there has been a recent influx in the number of BTRs issued for operators of these Machines; and WHEREAS, there is currently no regulation in place for operators who obtain BTRs for these Machines; and WHEREAS, the influx on the number of Machines negatively affects the quality of life and general welfare of the City's residents, businesses, and visitors; and WHEREAS, a temporary moratorium will allow the City to determine if any regulations should be put in place to protect the quality of life and general welfare of the City's residents, businesses, and visitors; and WHEREAS, should the City determine that regulations need to be put in place, Chapter 12 of the City Code can be amended to include regulations for the operators of these Machines including the payment of a regulatory fee, posting of a bond, and limitation on the number of operators of such Machines in the City; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its residents, businesses, and visitors to temporarily halt the issuance of BTRs for these Machines and the operators of these Machines; NOW, THEREFORE, BE IT RESOLVED 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. City of Miami Page 1 of 2 File Id: 10-00658 (Version: h Printed On: 5/19/2010 File Number: 10-00658 Section 2. There is imposed, during the time that this Ordinance is in effect, as specified in Section 3 below, a moratorium on the issuance of BTRs for Machines and the operators of Machines. Section 3. The moratorium imposed by this Ordinance is temporary and, unless repealed earlier by the City Commission, shall automatically dissolve upon amendment to Chapter 12 of the City Code or one -hundred twenty (120) days from the effective date of this Ordinance, whichever occurs first. Section 4. 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 5. This Ordinance is declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami. Section 6. The requirements of reading this Ordinance on two separate days is dispensed with on an affirmative vote of not less than four-fifths (4/5ths) of the members of the Commission. Section 7. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. City of Miand Page 2 of 2 File Id. 10-00658 (Version: 1) Printed On: 5/19/2010