HomeMy WebLinkAboutO-13178Vop City of Miami
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Ordinance: 13178
File Number: 10-00658
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/27/2010
(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 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.
City of Miand Page 1 of 2 File Id. 10-00658 (Version: 1) Printed On: 7/27/2017
File Number: 10-00658
Enactment Number: 13178
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}
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 Miami Page 2 of 2 File Id. 10-00658 (Version: 1) Printed On: 7/27/2017