HomeMy WebLinkAboutO-12683City of Miami
Legislation
Ordinance: 12683
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00339 Final Action Date: 5/12/2005
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
31/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "LICENSES AND MISCELLANEOUS BUSINESS
REGULATIONS/OCCUPATIONAL LICENSES," BY AMENDING SECTION 31-35(B)
(4), ADDING A NEW SUBSECTION TO SECTION 31-35 AND AMENDING SECTION
31-49(A); CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the Director of Finance is currently authorized to deny the issuance or renewal of
occupational licenses; and
WHEREAS, the City Manager after a hearing, is currently authorized to revoke or suspend the
license of any individual, partnership, or other incorporated or unincorporated business entity holding
a license; and
WHEREAS, the City Commission wishes to authorize the City Manager the authority to deny the
issuance or renewal of occupational licenses for the duration period as recommended by the Director
of Finance, after a hearing;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 31/Article II, of the Code of the City of Miami, Florida, as amended entitled
"Licenses and Miscellaneous Business Regulations/Occupational Licenses," is amended, in the
following particulars:{1}
"CHAPTER 31
LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE II. OCCUPATIONAL LICENSES
* * * * * * * *
Sec. 31-35 Application procedure; grounds for denial.
City of Miami
Page 1 of 3 File Id: 05-00339 (Version: 11 Printed On: 11/10/2016
File Number: 05-00339 Enactment Number: 12683
(b) Grounds for denial. Grounds for denial of the issuance of a license shall include:
* * *
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
an ongoing code enforcement procedures, a state law or county violation, or a violation
of Zoning Ordinance or other City Ordinance, where the applicant's business enterprise
is located or is to be located. Said occupational license 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 determining that the- je struction activity is not illegal under
applicable law directing the issuance of the occupational license.
(c) Any person whose application for a license 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.
{c} (d) License issued. The occupational license shall have the name of the finance
director imprinted thereon.
**
Sec. 31-49. Revocation; suspension.
The city manager or designee shall deny the application for an occupational license, or
revoke the license of any individual, partnership, or other incorporated or unincorporated
business entity holding a license under this article where it is determined by the city
manager or designee, after a hearing, that:
*11
Section 4. All ordinances or parts or ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are repealed.
Section 5. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective immediately after final reading and adoption
thereof.{2}
Footnotes:
City of Miami Page 2 of 3 File Id: 05-00339 (Version: 11 Printed On: 11/10/2016
File Number: 05-00339 Enactment Number: 12683
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{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 3 of 3 File Id: 05-00339 (Version: 11 Printed On: 11/10/2016