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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01452 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
53/ARTICLE I/ OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "STADIUMS AND CONVENTION CENTERS/IN GENERAL," MORE
PARTICULARLY BY AMENDING SECTION 53-1, ENTITLED "TICKET SURCHARGE
ON PAID ADMISSIONS TO EVENTS", TO INCLUDE CITY OF MIAMI ("CITY")
OWNED MARINAS AS CITY FACILITIES FOR PURPOSES OF REQUIRING A
TICKET SURCHARGE ON PAID ADMISSIONS TO SIGHTSEEING BOAT TOURS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), sets forth the rates
and charges for use of the City of Miami ("City") owned Miamarina at Bayside; and
WHEREAS, the Department of Public Facilities ("Department") recommends establishing a ticket
surcharge for admissions to sightseeing boat tours at City -owned marinas; and
WHEREAS, a study by the Department has determined the surcharge to be reasonable, with the
potential to generate monies for operations, maintenance, and capital related improvements for City
marinas; and
WHEREAS, the Department further recommends that a fulltime Assistant Marinas Manager
position be created to properly monitor and collect the new ticket surcharge revenue, thus increasing
the Department's table of organization by one position; and
WHEREAS, the City Commission deems it advisable and in the best interest of the City to amend
the City Code by establishing a ticket surcharge on paid admissions to sightseeing boat tours at
City -owned marinas;
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 fully set forth in this Section.
Section 2. Chapter 53/Article I/Section 53-1 of the City Code, as amended, entitled "Stadiums and
Convention Centers/In General/Ticket surcharge on paid admissions to events", is amended in the
following particulars:{1}
"CHAPTER 53
STADIUMS AND CONVENTION CENTERS
ARTICLE I. IN GENERAL
City of Miami Page 1 of 4 File Id: 12-01452 (Version: 2) Printed On: 2/22/2013
File Number: 12-01452
Sec. 53-1. Ticket surcharge on paid admissions to events.
(a) Applicability.
(1) To certain facilities. A ticket surcharge shall be imposed against all paid admissions to
city -owned facilities, including, without limitation, the Orange Bowl Memorial Stadium the
Marine Stadium, the Coconut Grove Expo Center, the Miami Convention Center, and the
Bayfront Park Amphitheater, and on tour boats operating at Miamarina at Bayside. Said
surcharge shall additionally apply where admission is charged for events conducted in city
parks, facilities therein, and/or community centers. However, no ticket surcharge shall be
imposed upon any event held at the ManuelArtime Community Center, regardless of paid
admissions. Unless specifically exempted below, and for the purposes of this section,
"events" shall include activities, programs, concerts, festivals, parties, meetings and other
gatherings for whatever social, entertainment, cultural, sport or other purpose and for which
attendees are expected to pay or make a donation in order to attend. The application of the
ticket surcharge shall commence upon the effective date of this section, except for those
events for which advance ticket sales have the prior approval of the city manager, or
designee.
(2) Exemptions. The following activities as defined herein shall be exempted from the
application of the ticket surcharge on paid admissions:
a. Banquets: Official celebratory or ceremonial dinners with speeches that honor or
memorialize particular person(s) or occasion(s) and are held by organizations or groups
for their members, delegates, representatives and invited guests.
b. Conferences: Participatory meetings designed for discussion, fact finding, problem
solving, and/or consultation between members, representatives, delegates and/or other
affected parties of organizations on related issues.
c. Consumer shows: Exhibitions of related products and/or services that are open to the
public.
d. Conventions: Formal assemblies or meetings of members, delegates, and
representatives of an organization or group, such as a political party, fraternal society or
business/professional association, that are convened for a common purpose.
e. Trade shows: Exhibitions of products and/or services that are not open to the public but
are open only to particular members, representatives, businesses and/or groups
involved in a specific trade.
Additionally, said surcharge shall not apply to the International Boat Show., the Orange
the city police department.
(b) Rate of surcharge. Notwithstanding contractual agreements to the contrary, the rate of the
ticket surcharge shall be dependent upon the price of admission charged to attendees of a
given event, as established by the sponsor or promoter of said event, as follows:
City of Miami Page 2 of 4 File Id: 12-01452 (Version: 21 Printed On: 2/22/2013
File Number: 12-01452
Price of Admission (or suggested donation) Ticket Surcharge
$1.00-$14.99 $0.75
$15.00-$29.99 $1.00
$30.00 and up $2.00
The ticket surcharge shall apply in addition to the actual admission price and shall be
exclusive of any applicable taxes and/or service charges. Each charge shall be itemized
and shown separately on each ticket.
(c) Collection, accounts and payment. The sponsor or promoter of each event or tour operation
shall be responsible for the collection of the ticket surcharge, which shall be recorded and listed
as a separate item in the statement of accounts for said event or tour operation. Such records
and accounts shall be maintained and available in accordance with all applicable city
requirements and Code provisions. Payment of the ticket surcharge to the proper city
authorities shall be made as soon as reasonably possible after the conclusion of the event or
tour operation along with any and all other sums which may be due the city, and in no case
shall be permitted to remain unpaid longer than three sixty (60) working calendar days after the
event and in all cases land facility venue cases, shall be paid prior to the holding of another
subsequent event by the same sponsor. Receipts from said surcharge shall be retained by or
used as subsidy for the facility, er marina or park from which they are generated to augment its
operating or capital budget.
Section 3. If any section, part of a section, paragraph, clause, phrase of work 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 O. BRU
CITY ATTORNE t�
City of Alianu
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File Number: 12-01452
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 File Id: 12-01452 (Version: 2) Printed On: 2/22/2013